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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3553
Application Dated Augu£t 27, ]986
TO: Mr. Garrett A. Strang, Architect
as Agent for EUGENE BOZZO
Main Road~ Box 1412
Southold, NY 11971
[Appellant(s)]
At a Meeting of
the above
on your
the Zoning Board of Appeals held on N0vember 3, ]986,
appeal was considered, and the action indicated below was taken
[ ] 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 Variances to the Zoning Ordinance
Article III, Sectiors 100'31 and 100-32
Article Xt , Section 100-ll9.2
[ ] Request for
Application of EUGENE BOZZO for Variances to the Zoning Ordinance,
Articles: (1) XI, Section 100-119.2 for permission to construct
dwelling with an insufficient setback from wetlands/tidal water along
Great Peconic Bay; (2) III, Section 100-32 to relocate accessory
garage building in the frontyard area, (3) III, Section ]00-31, Bulk
Schedule, to construct with lot coverage of all structures in excess
of maximum-permitted 20 percent. Location of Property: South Side of
Camp Mineola Road, Mattituck; County Tax Map District 1000, Section
123, Block 6, Lot 127.
WHEREAS, a public hearing was held and concluded on October 2,
1986 in the Matter of the Application for EUGENE BOZZO under Appeal
No. 3553; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. This is an application for Variances from the Provi-
sions of the Zoning Code as follows: (a) Article XI, Section
100-119.2(B) to construct with an insufficient setback at 18
feet from the existing bulkhead along tidal waters at its
closest point; (b) Article III, Section 100-32 to relocate
accessory garage building in the existing frontyard area with
a setback of two feet at its closest point from the front
property line along the right-of-way and at 4 feet at its
closest point from the easterly side property line, and (c)
Article III, Section 100-31, Bulk Schedule, to construct with
lot coverage of all structures at 25.7 percent of the total
lot area.
2. The premises in question is a substandard parcel
containing a total area of 7,896 sq. ft. with 50.0 ft. frontage
(CONTINUED ON PAGE TWO)
DATED: November 3, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3553
Matter of EUGENE BOZZO
Decision Rendered November 3,
1986
along a private right-of-way (which extends in a westerly
direction from the west side of Camp Mineola Road), Mattituck.
3. The subject premises is identified on the Suffolk County
Tax Maps as District 1000, Section 123, Block 6, Lot 27, and is
improved with a single-family dwelling and accessory garage
structure as more particularly shown by survey dated January 28,
1985 by Roderick VanTuyl, P.C.
4. The dwelling as exists is set back 18 feet at its
closest point from the existing bulkhead (at the southeast
corner) ~nd is set back 7 feet from the side property line
at its southwest corner, l0 feet from the side property lien
at its northwest corner, ll± feet.from the easterly side
property line at its southeast corner and lO± feet at its
northeast corner. The existing garage is located in the
frontyard area with setbacks at 2 feet at the closest point
(northwest corner) to the front property line and approximately
four feet from its closest point (southeast corner) at the east side.
5. Applicant proposes to move the dwelling 20 feet
to the north, gaining the minimum required elevation above
mean sea level_as per the Flood Plain Management Law of
the Town of Southold, and extend a new open deck area,
retaining the same existing 18 ft. setback from the bulkhead.
The existing percentage of lot coverage is shown by Site
Plan dated August 5, 1986 to be 21.7%. The proposed total
lot coverage is shown to be 25.7%. The amount of relief
requested as to excessive lot coverage is four percent of the
total lot area, or 316 sq. ft.
'6. Also proposed by this application is the rotating
of the accessory garage 180 degrees, allowing the doors to
face west. The size of the garage will not exceed 18' by 20'
and will continue to belimited to storage incidental and accessory
to the~residential use of the premises and not operated for
gain.
7. It is noted for the record that a conditional waiver
has been received dated August 28, 1986 from the Southold
Town Trustees.
8. The board agrees that the uniqueness in the character
and configuration of this parcel lend to the difficulties for
new construction and finds that the relief as granted will be
the minimum necessary under the circumstances.
In considering ~his appeal, the board also finds and
determines that the granting of the relief as noted below:
(a) will not be inconsistent with the general neighborhood;
(b) will be the minimal necessary under the circumstances;
(c) is not substantial in relation to the requirements of the
zoning code; (d) will not create a substantial change in the
character of the area; (e) will not in turn be adverse to
the safety,.health, welfare, comfort, convenience or order of
the town; (f) will serve the interests of justice.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it~was
RESOLVED, that Variances BE AND HEREBY ARE GRANTED in
the Matter of the Application of EUGENE BOZZO for permission
to relocate dwelling, construct open deck addition, and
relocate accessory garage, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the dwelling and deck constriction be located
no closer than 30 feet from its closest point from the
existing bulkhead;
(CONTINUED ON PAGE THREE)
Page 3 - Appeal No. 3553
Matter of EUGENE BOZZO
Decision Rendered November 3,
1986
2. That the total lot coverage (of all structures) not
exceed 24 percent of the total lot area;
3. There be no
less than eight feet
easterly side;
reduction in the sideyard setbacks to
at the westerly side and l0 feet at the
4. The accessory garage structure not be closer than
five feet from the front property line along the private
right-of-way, and not closer thao four feet.from the easterly
side property line, as exists;
5. The garage doors face west, as proposed;
6. Deck area to be constructed at the southerly end
of dwelling remain open and unroofed, as proposed.
7. The frontyard setback of the dwelling not be less
than that shown on the August 5, 1986 site plan prepared by
Garrett A. Strang, Architect.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
November 19, 1986
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at a Regular
Meeti'ng commencing at 7~30 p.m. oh T~URSDAY, O.CTO. BER'2~ 1'986
and as follows: ........
7:35 p.m. Appeal No. 3559 - LEONARDUS AND MARIE VANOUDEN-
ALLEN. Variance to the Zoning Ondinance, Article III~ Section
lO0-31 for permission to construct addition to ~welli. ng with
an insufficient frontyard setback, at 230 Sailor's Lane,
Cutchogue, NY; Distr~ct lO00~ Section III, Block 1~4= Lot 07.
7:40 p.m. Appeal No. 3555 - SHIRLEY HOMAN. Variance to
the Zoning Ordinance-, Awticle III,-Section.-lO0]31 for permission
to construct addition to dwelling with an insufficient rearyard
setback, at 160 Smith Drive, Peconic, NY; District 1000,
Section 98, Block 3, Lot 38.-
7:45
Variance to
for permiss
yard setbac
Point Road,
p.m. Appe~a~ No~ $554 -NORMAN?AND KAREN REICH.
the Zoning Ordinance, Article III, Section 100-31
ion to construct dwelling with an insufficient rear-
k, at 1809 Right-of-Way off the East Side of Rocky
East Marion, NY; District 1000, Section 31, Block
Part of Lot 10; Kimon and Retzos Minor Subdivision #81, Lot #2.
7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule for approval of insuffici~ent lot area, width and
depth of two parcels ~now~'~nd referred to as Lots #96, 97, 98
and half of 99 at Peconic Bay Estates, Map-#1124, and identified
on the County Tax Maps as District lO00, Section 53, Block 4,
Lot 32.
7:55 p.m. Appeal No. 3503 - GEORGE D. DAMIEN. Variance
requesting confirmation of Building Inspector's actions and
prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1}66,
recognizing two separate building lots, having insufficient
area, width and depth as required by Article III, Section
100-31, Bulk Schedulg of the Zoning Code. Location of Property:
Corners of Jackson, Fifth and Main Streets, New Suffolk, NY;
County Tax Map District 1000, Section 17, Block 9, Lot 12.
Page 2 - Notice of Hearings
Regular Meeting October 2, 1986
Southold Town Board of Appeals
8:00 p.m. Appeal No. 3484 PHILIP AND ELLEN BELLOMO.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C)
for permission to construct addition at rear of dwelling with an
insufficient setback from wetlands along Great Pond, at 7455
Soundview Avenue, Southold, NY; County Tax Map District 1000,
Section 59, Block 62 Lot 8.
8:05 p.m.
Zoning Ordinance,
Section 100-62(B),
use in this "B-I"
Appeal No. 3552 JOHN SENKO. Variance to the
Article VII, Section 100-70, and Article VI,
for .permission to establish shopping center
General Business Zoning District with
insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond
Lane), Southold, NY; County Tax Map District 1000, Sectqon 70~
Block 07, Lot 01, containing 30~084± sq. ft.
8:10 p~m. Appeal No. 3553 - EUGENE BOZZO. Variances
to the Zoning Ordinance, ArtiCles:. ~1) XI, Section 100-119.2
for permission to construct dwelling with an insufficient setback
from wetlands/tidal water along Greet Peconic Bay~ (2) III,
Section 100-32 to relocate accessory garage buil~d~ng in the
frontyard area; (3) III, Section 100'3!, Bulk Schedule, to
construct with lot coverage of all structures-in excess of
maximum-permitted 20 percent. Location of Property: South
Side of Camp Mineola Road, Mattituck; County Tax Map District
1000, Section 123, Block
8:15 p.m. Appeal
to the Zoning Ordinance~
6, Lot 27.
No. 3557 - ROBERT EGAN. Variances
Articles: (i) III, Section 100-31
to reconstruct dwelling with insufficient total sideyards,
insufficient (northwesterly) side yard, and insufficient
front-yard; (2) XI, Section 100~119.2(B) f~r permission
to construct addition and reconstruct dwelling within 75
feet of tidal wetlands along Spring Pond,-Orient Harbor.
Location of Property: 330 Knoll Circle, East Marion, NY;
'~Map of Section Two~ Gardiners Bay Estates," Subdivision
Lots 27 and part of 28; County Tax Map District 1000,
Section 37, Block 5, Lot 12. -
Page 3 - Notice of Hearings
Regular Meeting October 2, 1986
Southold Town Board of Appeals
8:25 p.m. Appl. No. 3487-SE - CHURCH OF THE OPEN DOOR.
Special Exception to the Zoning Ordinance, Article III, Section
100-30(B)[2] for permission to construct and establish House of
Worship with related religious activities on a five-acre tract
of land referred to as Lot #3, Minor Subdivision of Salvatore
Catapano, Which received Sketch-Plan Approval 4/14/86 by the
Town Planning Board. Location of Property: --West Side of Main
Bayview Road, Southold, NY; County Tax Map District 1000,
Section 69, Block 6, Part-of Lots '8 and 2. (Current Owners:
S. and J. Catapano).
8:45 p.m. Appeal No. 3560 EDMUND AND JOAN PRESSLER.
~ppeal from Building Inspector Notice o~ Disapproval dated 1/2/86
and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning
Ordinance, Article VII, Section 100-7!, Bulk Schedule and
Article VIis Section lO0-70(A)[l](d) for permission to estab-
lish a second retail/business use
nonconforming two-family dwelling
use on this parcel of 68~912 sq.
lot width. Location of Property:
Zoning District, North Side of Mai~ Road, Southotd, NY;
Tax Map Parcel No. 1000-63-3-26. -
in conjunction with existing
and antique-sales business
ft. in area and 95.44 ft.
"B-l" General Business
County
The Board of Appeals will hear at said time and place al
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 subject hearing. For more information,
please call 765-1809.
Dated: September II, 1986.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRtNGER, CHAIRMAN
Linda Kowa!ski, Board Secretary
ATTENTION NEWSPAPERS: Plea. s·e publish. THURSDAY, SEPTEMBER 25, 1986
and forwar~l II affidavits of Publication On.or before Sept. 30th
to: Board of Appeals, Main Road, Southold, NY 11971.
............................................. '-=? ................... X
' TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
.....
PLEASE TAKE NOTICE that your application dated ...~ .,uJri,~....~. ~ ..... ,19. ~.
l
r p~mit to .~ ..; ....................... · ........ at
' ~=t~on of Property: ~ t .~ ~ ..... ~.V. · ~ ~.~. ~,. '..~.~.~.. ~
~OU~ NO. . ~ StrUt Homlet
County Tax Map No. 10~ Section .~ . ~.~ ~ ..... Block .... ~ ~ ..... ~t .... ~ ........
Subdiv~on ................. Filed Map No ................. ~t No ..................
is .tumid he.with and d~approved on tho following grounds .~ ~.. ~ ~J~r [~I. ~
. Burlding Inspecto~ .....
ay ~/80 - .
TOWN OF SOUTI~OLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
NO.
DATE ......A..g.~.u...s..t.....2..6..,.. 1986
tO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.
1, ~ G.arr. e,t,~:]A,...~..f~g',..fD~'..~ozzD, of ....... 5A.65~..~a,J~l,.~.o~l .................................
N6me of Appellon~ Street and Number
$outhold New YOrkHEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 8/26/86FOR: Alteration permit
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of ............... .%o. ................... ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD ~ . ~
l, LOCATION OF THE PROPERTY ........................... .C~`~.`~p`~.1~e...~.?:..a;~.~.a:~:~..a:.~..~...1.~..u:.c`..k.~'.'~A"-Ae~1d~"
Street and Hamlet Zone
OWNER(S), Eugene ~ozzo
Mep No. !zot No,
DATE ,PURCHASED: .....................
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section ona Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance )
Article III , Section t00-119.2 & 100-31 A
3. TYPE OF APPEAL Appeal, is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
A VARIANCE due to lack of access .State of New York Town Low Chap, 62 Cons Lows
Art ]6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~) (has not) been made with respect to this decision
of the Building Inspector or with respect to thls property.
Such appeal was ( ) request for a special permit
( ) request' for o variance
and was made in Appeal No ................................. Dated ....................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(×) A Variance to the Zoning Ordinance
( )
~s requested for the reasor~that .we would like to ~ake alterations to an
existing residence which is presently located 35' from the
ordinary high water ~ark. In addition the lot coverage presently
exceeds that allowed by the zoning. Both of the above are
pre-existing non-conforming conditions.
Form ZBZ ..... (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practice difficulties ~9~c~- ~
sary HARDSHIP because It would prohibit making the necessary alterations
to bring the building into compliance with the flood plain
elevation requirements. It would also prevent my client from
being able to protect his dwelling from being damaged by flood
wa~er inundation.
2 The ha~shipcreatedis UNtQUE andisnotshared by ail prope~ies alike in the immediate
vicinity ofthis property and in this use district'because of the pre-e×±sting, non-
conforming conditions. Ma~y of the neighboring dwellings were
elevated prior ~to adoption of the 75' setback requirement.
The intended work will provide for an increase in the setback
distance from that which presently exists.
3 The Variance would observe the spirit of the O~inonce and WOULD NOT CHANGE THE
CktARACTER OF THE DISTRICT because It is an improvement over the existing
condition and is compatible with the nezghboring properties.
The immediate neighborhood has been completely developed and
there would be no other parcels available for new development.
Therefore, the character of the district would remain unchanged°
STATE OF NEW YORK
COUNTY OFSuffolk
SS
Signature
Sworn to this ................ ~2~.2 ........... .~ ..... day of ............................................ 19~,~
Notary Public
0
I
DEPARTMENT OF PLANNING
PETER F. COHALAN I~: f ~ . .
SUFFOLK COUNTY EXECUTIVE ·
December 1, 1986
Town of Southold
Zoning Board of Appeals
Applicant: Eugene Bozzo
Mun. File No.: 3553
S.C.P.D. File No.: SD-86-35
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 Con~nission is considered to be a matter for local deter-
mination. A decision of local determination should not be construed as either
an approval or disapproval.
Comments: With the understanding that an increased bulkheaded tidal water
setback will be effectuated.
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HALIPPAUGE. L.I.. NEW YORK 11788
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
October 2, 1986
S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATIV]~ ENVIRON51ENTAL DECLAP~TION
Notice of Determination of Non-Significance
APPF2kL NO.: 3553
PROJECT NA~IE: EUGENE BOZZ0
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
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [ ×] Unlisted [ ]
DESCRIPTION OF ACTION: (]) New dwelling with insufficient setback from
wetlands/tidal water; (2) relocate accessory garage in front yard; (3) construction
in excess of maximum-permitted 20% lot coverage.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: South Side of Camp. Mine0l_a R0~d, Mattituck.
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Asses.sment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The setback as exists is less than that proposed by the
relocation/reconstruction of single-family dwelling and accessory
gara~^ The premises is bulkh~aded along G~eat Peconic Bay.
FURTHER INFOP~4ATION, PLEASE CONTACT: Linda Kowals~i, 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.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT 3. 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, Sectionlo0-31 & 100-32 and
Article XI, Section 100-119.2
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3553 Applicant: EUGENE BOZZO
Location of Affected Land: Camp Mineola Rd., Mattituck,
County Tax Map Item No.: 1000- 123- 5- 27
Within 500 feet of:
Town or Village Boundary Line
NY
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
Land
or
Exi. sting or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permi ssion to_cons~_ruct dwelling with
insufficient setback from wetlands/tidal water along Great Peconic Bay
(2) relocate accessory garage building in the frontyard area, (3) to
__construct with lot coverage of all s~rl]~l]r~m in ~×c~ss_of max.-permitt~d
Copies of Town file and related documents enclosed for your review. 20%
Dated: Nov. 21, ]986
Secretary, Board of ~peals
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
November 20, 1986
Mr. Garrett A. Strang, Architect
Main Road, Box 1412
Southold, NY ll9~l
Re: Appeal No. 3~53 - Eugene Bozzo (Variances)
Dear Ga rye:
Enclosed please find a copy of the official findings and
determination recently rendered by the Board of Appeals and
filed this date with the Office of the Town Clerk concerning
your application.
In the event your application has been approved, please
be sure to return to the Building Department for their authoriza-
tion of any new construction, or for other written documents as
may be applicable.
If you have any questions,
either our office (765-1809) or
(765-1802).
please do not hesitate to call
that of the building inspector
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F, Kowalski
Secretary
Commission
7:35 p.m. Appeal No. 3559 - struct dwelting with insufficient
LEONARDUS AND MARIE
VANOUDENALLgN, "Vari-
ance to the Zoning Ordinance,
Art/cie HI, Section 100~31 for
permission to construct addition
to dwelling with an insufficient
frontyard setback, at 230
Sailor's Laae, Cutchogue, NY;
Distr/ct 1000, Section 111, Block
14, Lot 07.
7:40 p.m. Appeal No. 3555
SHIRLEY HOMAN. Variance
to the Zon/ng Ordinance, Articl~
IH, Section 100-31 for permis-
sion to construct addition to
dwelling with an insufficient
. rearyard setback, at 160 Smith
Drive, Peconic, NY; District
1000, Section 98, Block 3, Lot 38.
7:45 p.m. Appeal Nm 3554 -
'NORMAN AND KAREN
REICH. Variance to the Zoning
Ordinance, Art/als III, Section
100~31 for permission to con-
struct dwelling with an insuffi-
cient rearyard setback, at 1809
Right-of-Way offthe East Side of
Rocky Point Road, East Marion,
NY; District 1000, Section 31,
Block 3, Part of Lot 10; Kimon
and Retza~ Minor Subdivision
#81, Lot #2.
7:50 p.m. Appeal No. 3547~-
~ JOSEPH AND CATHERINE
.RIEMEIL Variance to the
ipg Ordinance, Article III, Sec-
tion 100-31, Bulk Schedule for
approval of insufficient lot area,
' width and depth of two parcels.
· known and referred to as Lots
~ /~6, 97. 98 and half of 99 at
Pecon/o Bay Estates, Map
~ '~1124, and identified on the
County Tax Maps as Distric%
t~00, Section 53, Block 4, Lot 32.
'7:55 p.m. Appeal No. 3503 -
GEORGE D. DAMIEN. Vari-
ance mqnssting confirmation of
! ~ilding Inspector's actions and
~'~ Z.B.A. Decision Rendered
f~!'~ler Appeal No. 949 of 9/1/66
r~mgnising two separate build-
i~g lots, having insufficient
area, width and depth as re-
quimd by Article HI, Section
100-31, Bulk Schedule of the
· Zoning Code. Locatisn of Prop-
arty: Comers of Jackson, Fifth
and Main Streets, New Suffolk,
NY; County Tax Map District
1000, Section 17, Block 9, Lot 12.
8:00 p~m. Appeal No. 3484 -
PHILIP AND ELLEN BEL-
LaMa. Variance to the Zoning
Ordinance, Article Ill, Section
100-119.2(C) for permi~ion to
~onstruct addition at mar of
· dwelling with an insufficient
setback from wetlands along
Gmat Pond, at 7455 Sonndview
Avenue, Sonthold, NY; County
Tax Map District 1000, Section
59, Block 6, Lot 8.
8:05 p.m. Appeal No. 3552 -
JOHN SENKO. Variance to the
Zoning O~dinance, Article VII, --
Section 100-70, and Article VI,
Section 10(~62(B), for permis-
sion to establish shopping center
use in this "B-I' General Busi~
ness Zoning District with insuf-
ficisnt lot area at 49295 Ma/n
Road (a/k/a Ackerly Pond Lane),
Southold. NY; Count~, Tax Map
District 1000, Sectio~t 70, Block
~ O1~ ~containing 30~084 ±
U~ENE ~O~O. ¥~riances
el~: (D XI, Scetion 100-119.2 foi'
permi~i0n to construct dwelling
with an ins~ffic/ont setback
from wetlands/tidal water along
Great Peconic Bay; i2) III, Sec-
t/on 100-32 to re/ocats accessory'
garage building in the frontyard
area; ~(3) III, Section 100-31,
Bulk Schedule, to construct with
~/ot coverage of all Structures in
]excess of maximum-permitted
· 20 percent. Location of Property:
] SOuth Side of Camp Mineola
]Road, Mattituck; County Tax
[Map District 1000, Sect/on 123, ·
~t~o~k 6, Lot 27.
v8:15 p.m. Appeal No. 355~
ROBERT EGAN. Variances'ts
the Zoning Ordinance, Articles:
tl) Ill, Section 100-31 to recon*
t0t~ff- sideyard% :~m~lffi~ ~cient
(~hweSterlyl ~/~e y~ a~d
i~cient ~nt y~; (2) XI,
f~t of till ~ al~g
Sp~ng Pond; ~nt ~r~
Es~s,' Su~ivision ~ 27
and ~ of 28; C~W T~ ~p
Dist~ct l~,-~ion 37, Bilk
8:~ p.m. Appl. No. ~7-SE
CHURCH OF ~ OPEN
Ho~ of Wo~hip wi~ ~la~
t~ct of land ~fe~
· 3, Minor Su~n
Ske~h-Plan A~mval
of Main Bayvisw ~d, ~uth-
old, NY; ~ty T~ ~p D~-
Pa~ of ~ 8 and 2. (Cu~nt
~ne~: S. and J. Ca~o).
EDMUND A~ P~
S~R. Ap~ from Building In-
da~ 1~~ and ~A ~on
A~/Ole VH, ~/on l~71, Bulk
exi~ing uon~nfo~ tw~
family dwelling and antique-
~. /ot width. ~ti~ of
~ning Dist~ct~ ~o~ Side of
County T~ M~ Pa~l
h~r at ~id time a~ ~a~ all
men~ may al~ ~ submit~
prior ~ the ~n~ion of the
sub~ hearing. For mo~ infor-
. BY ORDER OF
~E ~OLD
~N BOARD OF
APPEA~
GE~RD P. ~EH~NGER,
CHAI~AN
Lin~ Kowa~i,
1~25-~62
STATE OF NEW YORK
COUNTY OF SUFFOLK )
~/-ho~-i ~ ~c]~'r*Ohllk of Greenpo~, In
said County, being duly sworn, gayg that he/she Ig
Principal Clerk of THE SUFFOLK TIMES, · Weekly
New~paper, published et Greenport, in the Town
of Southold, County of Suffolk and State of New
York, end that the Notice of which the annexed
a printed copy, has been regularly publlghed in
geld Newspaper once each week for
weeks .ucceeglvely, commencing on the
dayof Septemhe. r 19
/ -p-r~inc~/al Clark
Sworn to b~/f/6re me ~hlg ~
day of .,~
NOTARY PUBLIC, S~te oT N~ ~rk
Suffolk Coun~ No.
~rm Expires
N~TIC~ OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of theTown Law and the
Code of the Town of SouthoId,
the following public hearings
will be held by the SOUTHOLD
TOWN BOARD OF AP-
PEALS at the Southold Town
Hall, Main Road, Southold,
NY at a Regular Meeting com-
mencing at 7:30 p.m. on
THURSDAY, OCTOBER 2,
1986 and as follows:
7:35 p.m. Appeal No.
3559-LEONARDUS AND
MARIE VANOUDEN-
ALLEN. Variance to the Zon-
ing Ordinance, Article Ill, Sec-
tion 100-31 for permission to
construct addition to dwelling
with an insufficient frontyard
setback] at 230 Sailor's Lane,
Cutchogue, N.Y.; District 1000,
Section 111, Block 14, Lot 07.
7:40 p.m. Appeal No.
3555-SHIRLEY HOMAN.
Variance to the Zoning Or-
dinance, Article 111, Section
100-31 for permission to con-
struct addition to dwelling with
an insufficient rearyard setback,
at 160 Smith Drive, Peconic,
NY; District 1000, Section 98,
Block 3, Lot 38.
7:45 p.m. Appeal No.
3554-NORMAN AND KAREN
REICH. VarL=_qce to the Zoning
Ordinance, Article Ill, Section
100-31 for permission to con-
struct dwelling with an insuffi-
County Tax Maps as District
1000, Section 53, Block 4, Lot
32.
7:55 p.m. Appeal No.
3503-GEORGE D. DAMIEN.
Variance requesting confirma-
tion of Building Inspector's ac-
tions and prior Z.B.A. Decision
Rendered underAppeaINo. 949
of 9/1/66, recognizing two
separate building lots, having
insufficient area, width and
depth as required by Article 111,
Section 100-31, Bulk Scheduling
of Zoning Code. Location of
Property: Corners of Jackson,
Fifth and Main Streets, New
Suffolk, NY; County Tax Map
District 1000, Section 17, Block
9, Lot 12.
8:00 p.m. Appeal No.
3484-PHILIP AND ELLEN
BELLOMO. Variance to the
Zoning Ordinance, Article Xl,
Section 100-119.2(C) for per-
mission to construct addition at
rear of dwelling with an insuf-
ficient setback from wetlands
along Great Pond, at 7455
Soundview Avenue, Southold,
NY; County Tax Map District
1000, Section 59~ Block 6. lot
8.
8:05 p.m. Appeal No.
3552-JOHN SENKO. Variance
cient rear yard setback, at 1809 to the Zoning Ordinance, Arti-
I~itgllt-of~Wav off ~e East Side cie Vll, Section !00;70, and Ar-
Kimon and Retzos Minor Sub-
division No. 81, Lot No. 2.
7:50 p.m. Appeal No.
354.7-JOSEPh AND
CATHERINE RIEMER.
Variance to the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk Schedule for ap-
proval of insufficient lot area,
width and depth of two parcels
known and referred to as Lots
No. 96, 97, 98 and half of 99 at
Peconic Bay Estates, Map No.
1124, and identified on the
General Business Zoning
District with insufficient lot area
at 49295 Main Road (a/k/a
Ackerly Pond Lane), Southold,
NY; County Tax Map District
1000, Section 70, Block 07, Lot
01, containing 30,084± sq. ft.
8:10 p.m. Appeal No.
3553-EUGENE BOZZO.
Variances to the Zoning Or-
dinance, Articles: (1) XI, Sec-
tion 100-119.2 for permission to
construct dwelling with an in-
sufficient setback from
wetlands/tidal water along
Great Peconic Bay; (2) Ill, Sec-
tion 100-32 to relocate accessory
garage building in the frontyard
area; (3) III, Section t00-31,
Bulk Schedule, to construct
with lot coverage of all struc-
tures in excess of maximum-
permitted 20 percent. Location
of Property: South Side of
Camp Minenla Road, Mat-
tituck; County Tax Map District
1000, Section 123, Block 6, Lot
27.
8:15 p.m. Appeal No.
3557-ROBERT EGAN.
Variances to the Zoning Or-
.dinance, Articles (1) 111, Section
100-31 to reconstruct dwelling
with insufficient total sideyards,
insufficient (northwesterly) side
yard, and insufficient front
yard; (2) XI, Section
100-119.2(B) for permission to
construct addition and
reconstruct dwelling within 75
feet of tidal wetlands along
Spring Pond, Orient Harbor.
Location of Property: 330 Knoll
Circle, East Marion, NY; "Map
of Section Two, Gardiners Bay
Estates," Subdivision Lots 27
and part of 28; County Tax
Map District 1000, Section 37,
Block 5, Lot 12.
8:25 p.m. Appl. No.
3487-SE-CHURCH OF THE
OPEN DOOR. Special excep-
tion to the Zoning Ordinance,
Article III, Section 100-30~)[2]
for permission to construct and
establish House of Worship
with related religious activities
on a five-acre tract of land
referred to as Lot No. 3, Minor
Subdivision of Salvatore
Catapano, which received
Sketch-Plan Approval 4/14/86
by the Town Planning Board.
Location of Property: West
Side of Main Bayview Road,
Southold, NY; County 'fax
Map District 1000, Section 69,
Block 6, Part of Lots 8 and 2.
(Current Owners: S. and J.
Catapano).
8:45 p.m. Appeal No.
3560-EDMUND AND JOAN
PRESSLER. Appeal from
Building Inspector Notice of
Disapproval dated 1/2/'86 and
ZBA Action No. 3463 dated
5/6/86, and Variance to the
Zonihg Ordinance, Article VII,
Section 100-71, Bulk Schedule
and Article VII, Section
100-70(A)[l](d) for permission
to establish a second
retail/business use in conjunc-
tion with existing nonconform-
ing two-family dwelling and
antique-sales business use on
this parcel of 68,912 sq. ft. in
area and 95.44t ft. lot width.
Location of Property: "B-I"
General Business Zoning
District, North Side of Main
Road, Southoid, NY; County
Tax Map Parcel No.
1000-63-3-26.
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 ~
subject hearing. For more infor-
mation, please call 765-1809.
Dated: September 11, 1986.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
IT-9/25/86~16)
~I~UNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for / weeks
successively, commencing on the ......... . .~..)~. ~ .....
day Ov~~ .~.,...-~..,., ~9.O¢..
Sworn to before me this ~.O~' ~
..................... day of
-..~¥ ....... 19
Notary Public
BARBARA FORBES
Notary Public, State o£ New York
No. 4806846
Quali£ied in Su£fo~k County
Commission Expires~/~..5/~ 19 ~
GARRETT A. STRANG
ARDHIT~CT
October 9,
1986
MAIN ROAD. P. O. BOX 14.12
SOUTHOLD, NEW YORK 11971
Town of Southold
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York, 11971
Re; Appeal NO. 3553 of Eug~ne%~B~zo
by Garrett A. Strang
Gentlemen;
persuant to your request at the recent Z.B.A. hearing of
Thursday, Oct. 2 1986, on the application as referenced above,
I have conveyed to my client your concerns as to the location
of the garage and its ~vehicular access door location.
After consideration and discussion, it was concluded, by my
client that he would concur, with your preference, as to the
access doors being located in the west wall of the structure.
Given the above, I would ask the Board to consider this
application as originally presented, with regard to the building
locations, ~ut makisg note of the fact the garage will be
rotated 180v not 90-. This will allow for the doors to face
west, preventing any vehicles from backing onto the adjoining
roadway.
Thanking you in advance for a prompt decision on this matter.
Garrett A. Strang, R.A.
cc. Eugene Bozzo
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF EUGENE BOZZO
THURSDAY, OCTOBER 2~ 1985 PUBLIC HEARING
8:50 p.m. Appeal No. 3553 - Public Hearing commenced in the
Matter of EUGENE BOZZO. (1) new dwelling with an insufficient
setback from wetlands/tidal water; (2) relocate accessory ga-
rage in front kyard; (3) construction in excess of maximum
permitted 20% lot coverage. South Side of Camp Mineola Road,
Mattituck. -
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey. Excuse me. A
sketch of existing nonconforming dwelling garage. Again produced
by Garrett Strang, dated August 5, 1986 showing the existing dwel-
ling with movement and an existing garage to be relocated. And I
have a copy of a Suffolk County Tax Map indicating this and sur-
rounding properties in the area. Would you like to be heard Mr.
Strang?
MR. STRANG: Yes. Thank you. The nature of this application is
one in which my client met on some time back and he was discussing
with me certain things he wanted to accomplish. One: of course
he wanted to do some renovations of the interior of the building.
But most important to him was to try and elevate the constant in-
adation of flood ~waters that he is experiencing. The nature of
the area is such that in severe storms and unfortunately from the
time that he purchases this house about 2 years ago, we've experi-
enced two of them. Both times he had from a foot to a foot and a
half of water in the house. And storm Nelson in particular which
did severe damage to his bulkhead which had to be replaced. So he
his an immediate concern of how he's going to protect his house
from any further damage in the future. The way in which we elected
to address this concern was two fold. One was to raise the eleva-
tion of the house. And secondly; was to pull ~he house further
away from the Bay. That in any event that the bulkhead would be
breached again a% some point in time in the future and if the
storm were severe enough and erosion did occur behind the bulkhead
that his house foundation wouldn't be damaged. So we are proposing
to do just that. Number one; pull the house back away from the
bulkhead approximately a distance of 20 feet. And secondly; ele-
vate the house. We're probably looking at elevating the house
from 3 to 4 feet. Just completed this week was an updated survey
of the elevation of the house and it was referred to a bench mark.
And the present first floor elevation is only 5 to 8 feet. The
requirement by femor is 8 feet. So we have to be at least 8 feet
and I would prefer to be even 9 feet. So in any event, we have
to raise the house to do anything. That brings us to the point
whereby moving the house, we now need to address the issue of
getting the necessary approval of variance to construct (if you
will) within the 75 foot setback from the bulkhead. We're going
to be moving it back 20 so we are improving upon that condition.
Page 2 - October 2, )86
Public Hearing of Eugene Bozzo
Southold Town Board of Appeals
MR. STRANG (Continued):
The other situation which arises with respect to that is; his
existing garage which has been there for some time, faces the
wrong way. The garage doors themselves, fast to the east or
onto the public beach as opposed to the road. It's his desire
to, (basically) while the house mover is there moving his house,
to ask them to pick the garage up and rotate it 90° az well.so
the garage doors face the street and he can utilize the garage
as it was intended. That now, since we're moving the garage,
puts in front of you for relief from the fact that we have an
accessory structure in the front yard which has always been
there and he just wanted to rotate it around so it can be used.
So we are asking for relief from that aspect. The third con-
dition that exists there is both existing buildings that were
on the site, the development of the site presently, exceeding
the lot coverage. In that the present lot coverage is 21.7
feet.
CHAIRMAN GOEHRINGER: Percent.
MR. STRANG: I'm sorry. 21.7%. Thank you. The part of the
project of the renovation of the interior was the intention
of adding a deck on the water or south side of the house in
the area where the house is presently located after it's pulled
back. So essentially, the deck itself would in no way be any
closer to the bulkhead than the present building was. But by
building this deck, we are increasing that lot coverage by 4%.
Or basically, lot coverage would be, inclusive of the deck;
25%.
CHAIRMAN GOEHRINGER: How big is that deck Mr. Strang?
MR. STRANG: The deck will run the full width.of the house which
is about 25 feet and we are going to go out 12 feet with it. Ba-
sically with the deck being limited to the 12 feet, will put the
deck back (again) further than the present house is in relation-
ship to the bulkhead. So essentially we are asking the Board's
relief from those 3 items. The 75 foot setback requirement, the
accessory use of the garage in the front yard and the lot cover-
age percentage.
CHAIRMAN GOEHRINGER: The Board noticed that, of course, the
garage is pretty much in the road. We'll take that first. Is
there any reason why he does not choose to have the garage back
a little bit further back towards the house?
MR. STRANG: That was never discussed. I certainly will speak
with him about that particular situation. Most of the garages
in the area have been built and do exist right up in the road.
Page 3 - October 2,
' Public Hearing of Eugene Bozzo
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER:
were faced due west.
It's my understanding that the garage doors
MR. STHANG: East.
CHAIRMAN GOEHRINGER: They're presently east.
MR. STRANG: They're presently east. When we rotate the garage,
they'll face north of the street. -
CHAIRMAN GOEHRINGER: I think the least amount this Board has
granted in a reasonable sense was 20 feet. He may choose to re-
design that and turn them west which would allow ingress and egress
to the garage without backing out onto the right-of-way. You might
want to get back to us about a reasonable setback to see if he
chooses to turn it to the north.
MR. STRANG: Ok. So we can either rotate it and face the garage
doors to the west and leave it in its present location or move it
further onto the property.
CHAIRMAN GOEHRINGER: In that particular case, I don't know how
the Board would feel. But we would certainly not go, along with 2
feet. It would have to be a little more reasonable other than 2
feet. Secondly; if he choose to put them to the north, it would
have to be a substantial movement to the south. We are not trying
to cause problems that already exist in that community of tremen-
dously undersized lots. As you know, the park and playground area
where the beach front is directly to the west of this. So there
are constantly people walking in front of this property during the
week or weekend at any time when it's a nice day going to the beach
area. So we would not want to have a hazardous problem exist there.
Not that this gentleman would cause it but I think it would cause a
unique situation other than the unique situation dealt with in that
manner. Secondly; as for the deck. Would t~e deck be elevated
above the... I should ask.the question. How high would the deck
be elevated?
MR. STRANG: Ok. The intention was for the deck to be built flush
or within 6 inches of the finished floor.
CHAIRFL~N GOEHRINGER:
tion?
So you're talking about a 3 or 4 foot eleva-
MR. STRANG: Elevating the house, elevating the level of the deck
to be near that elevation and then we would may be espiriting the
exposure of 3 feet or so with lattice work or something of that
nature.
Page 4 - October 2,~ ~86
Public Hearing of Eugene Bozzo
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Alright. So if we close this hearing as
far as this evening, I don't know if we should close it. Ok.
We will close it then. We'll close it receiving the informa-
tion from you and the possibility of which way he intends to
turn the garage. And if we hear nothing from you, I'll make a
suggestion and set it back 20 feet. So hopefully we will hear
something from you. Not that we wouldn't hear something from
you. Let's see what else develops during the hearing. I thank
you sir. Is there anybody else who would like to spe~k in favor
of this application? Anybody like to speak against the applica-
tion? Questions from Board members? Hearing no further ques-
tions, I'll make a motion closing the hearing pending a letter
from Mr. Strang.
Ail in favor - aye.
Transcribed from cassette tapes recorded during the hearing.
Nadia Moore
10/21/86
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATI~q~ ENVIRON~iENTAL DECLAP~TION
Notice of Determination of Non-Si~nificanc~
0ct0ber 2, ]986
S.E.Q.R.A.
APPF~L NO.: 3553
PROJECT N~Uv~: EUGENE BOZZ0
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 To~rn of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [ ~ Unlisted [ ]
DESCRIPTION OF.ACTION: (]) New dwelling with insufficient setback from
wetlands/tidal water; (2) relocate accessory garage in front yard; (3) construction,.
in excess of maximum-permitted 20% lot coverage.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: South Side of Camp~Mine0l9 R0~d, Mattituck.
REASON(S) SUPPORTING THIS DETEP~4INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The setback as exists is less than that proposed by the
relocation/reconstruction of single-family dwelling and accessory
gara~ The premises is bulkheaded along G~eat Peconic Bay.
FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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.
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southo[d, New York 11971
September 5, 1986
TELEPHONE
(516) 765-1892
Mr. Garrett A. Strang
Architect
Main Road, P. O. Box 1412
Southold, New York 11971
Re: Bozzo Residence, Camp Mineola Road, Mattituck
Dear Mr. Strang:
The following action was taken by the Board of Trustees regarding
the above referenced matter during the Trustee meeting held on August 28th.
Moved by Trustee Bredemeyer seconded by Trustee Goubeaud
WHEREAS, the Board members have personally viewed and are familiar
with the'premises in question and the surrounding area; and
WHEREAS, the Board has considered all of the documentation submitted
concerning this request; and
WHEREAS, the Board made the following findings of fact:
1. By this request appellant requests a WAIVER of the Wetland Ordinance
to move an existing house northerly from~its present location,
placing it on a new conventional foundation at the proper base flood
elevation required by F.E.M.A., construct a new deck on the south
side, to be no larger than, nor closer to the bulkhead than the house in
its present location. The existing garage will be turned 90° and set on a
new foundation so the doors will face the street side, all in accordance
with the proposed alterations submitted by Garrett A. Strang, Architect
dated 8-5-86.
2. Property is located on Camp Mineola Road, Mattituck.
IN VIEW OF THE FOREGOING AND IN CONSIDERATION OF THIS REQUEST THE BOARD FINDS
AND DETERMINES:
1. The property is entirely bulkheaded.
2. The project as proposed will not adversely affect the health, safety
and general welfare of the people of the Town.
3. The project as proposed will not adversely affect the wetlands.
Page 2.
Bozzo Determination - August 28, 1986
NOW, THEREFORE, BE IT
RESOLVED that GARRETT A. STRANG on behalf of EUGENE BOZZO BE AND HEREBY IS
GRANTED A WAIVER OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD AS tLEQUESTED
SUBJECT TO THE FOLLOWING PROVISIONS DURING CONSTRUCTION:
1. During construction all fill must be contained so that it does
not wash into the waterway.
2. Immediately following construction all areas of exposed soil should
be suitably vegetated.
3.Roof run off should be discharged into dry wells.
In considering this this determination, 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.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Ilene Pfifferling
Clerk
HPS:ip
cc: C.A.C.
Bldg. Dept.
Board of Appeals
Trustees
file
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 27, 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. 3553 application of Eugene Bozzo by
Garrett A. Strang for a variance. Also included is notification to adjacent
property owners; Short Environmental Assessment Form; Letter relative to N.Y.S
D.E.C. Wetlands Land-Use; Notice of Disapproval from the Building Department;
and survey.
Judith T. Terry
Southold Town Clerk
Notice of Hearings of 10/2/86
Mailing List
Copies 9/23/86 to:
Mr. Jerry Horton, Box 1442, Mattituck 11952
Mrs. M. VanOudenallen, 230 Sailors Lane,.Cutchogue
Environment East Inc., 3075 Indian Neck Lane,
Mrs. S. Homan, 160 Smith Drive, Peconic 11958
11935
Peconic 11958
Mr. and Mrs. Norman Reich, 295 West Front St, Greenport 11944
Mr. and Mrs. J. Riemer, Box 640, BayShore Road, Greenport 11944
Mr. George D. Damien, P.O. Box 626, New Suffolk, NY 11956
Mrs. Noel P. Birkby, Architect, 155 West 19th St, NY, NY lOOll
Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview, NY 11803
Mr. Garrett A. Strang, Architect, Main Road, Southold, NY 11971
for Egan, Bozzo a~d Senko
Paul A. Caminiti, Esq., 54075 Main Road, Southold, NY 11971
Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935
Re: Church of Open Door
Gary Flanner Olsen, Esq,, Box 706, Main Road, Cutchogue, NY 11935
Mr. and Mrs. Edmund Pressler, 56025Main Road, Southold, NY 11971
TOWN OF SOUTHOLD, NEW YORK
AUG
~gWll (~j~j~jJ' FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, J~i~ G~rr.e.tt..A....S.t~ang...f~...~ozz~of ....... 5~.65~..~a~..~o~d .................................
Name of Appella~' Street and Number
Southold New YOrkHEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 8/26/86FOR: Alteration permit
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
54655 Main Road Southold New York
Street and Number Municipality Stale
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD
1. LOCATION OF THE PROPERTY Camp Mineola Rd. Mattituck "A-R~iH"
· ' Street ~ Hamlet Zone
OWNER(S): Eugene Bozzo
Mop No. Lot No.
DATE pURCHASED: ........ , ............
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 100-119.2 & 1fl0-31 A
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 (S~ate of New York Town Law Chap. 62 Cons Laws
Art 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) 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
is requested for the reason that we would like to Make alterations to an
existing residence which is presently located 35' from the
ordinary high water mark. In addition the lot coverage presently
exceeds that allowed by the zoning. Both of the above are
pre-existing non-conforming conditions.
': -'"* ~ (Continue on other side)
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicoldifficulti~rl~gue.~fl~s?m;..,.._.~n
sory HARDSHIP becau~ It would prohibit making the necessary alterations
to bring the building into compliance with the flood plain
elevation requirements. It would also prevent my client from
being able to protect his dwelling from being damaged by flood
water inundatioD. ~:
? The hordship creotedis UNIQUE ondisnotshored by oll properties alike ~n the immediate
vicinity ofthis property and in this use disffict'becouse of the pre-existing, non-
conforming conditions. Many of the neighboring dwellings were
,elevated prior to adoption of the 75' setback requirement.
The intended work will provide for an increase in the setback
distance from that which presently exists.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because It is an improvement over the existing
condition and is compatible with the neighboring properties.
The immediate neighborhood has been completely developed and
there would be no other parcels available for new development.
Therefore, the character of the district would remain unchanged.
STATE OF NEW YORK )
) ss
COUNTY OF Suffolk )
Signature
Sworn ,o this .................. ..~...2 .................... day of ...............
Notary Public
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter o~' the Petition of :
Garrett A. Stranq for Bozzo :
:
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) :~lp~:lt~a~%~~~:~:~ ~ [circle choice]
).
2. Thattheproperty whichisthesubiectofthePetitionislocatedadiacenttoyourpropertyandisdes-
cribed as follows: Tax Map No. 1000 - 123 - 05 27
Located on the gouth side of Camp Mineo]a Rd. Bounded gou~h by
Great Peconic Bay, East by Public Beach~ West by Milot
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
"A"- Residential, Agricultural
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:
Reduction in required 75' setback from mean high watermark.
Increase in the allowed lot coverage.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-119.2 & 100-31 A ~ /~-~
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.
Dated: Aug. 27, 1986
Petitioner: Garrett A. Strang, R.A.
PostOfficeAddress
P,O,Box 1412
Southold, New York
11971
PROOF OF MAIL, lNG OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
End Beach Assoc.
Camp Mineola
c/o Richard F. Monaghan, Esq.
206 Concord Street, East Williston, N.Y.11596
Philip G. Milot
6600 Blvd. East, West New York, N.J. 07093
U.S POSTAL SERVtCE
CERTIFICATE OF MAILING
Garrett A. Strang, R.A.
P.O.Box 3412
Southold, New York 11973
West End Beach Assoc. of CamE
c/o Richard F. Monaghan, Esq.
206 Concord St. E. Williston, N.Y.
Mr. Philip Milot
6600 Blvd. East
West New York~ N.J. 07093
MAY BE USED FOR DOMESTIC AND ~NTERNAT~ONAL MAIL. DOES NOT PROVICE
FOR INSURANCE -- laOSTMASTER
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
ss.:
Garrett A. Stranq , residing at Main Road Mattit~m~
New York , being duly sworn, deposes and says that on the ~7~-h day
of A~qu~t ,19 86 . deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold ; that said Notices were mailed to each of said persons by
(certified) (registered) mail. ~-
Sworn to before me this
day of
Notary Public
Garrett A. Strang
SHORT ENVIROh'ME~IT.~, AS$~'SS~NT
(a) In order to answer the 9uestions in this short gAF is is assume4 that the
preparer will use currently available ~fo~tion conce~in~ the proJec: and ~he
l~ely ~c~s of ~he action. I~ is no~ e~ec~e~ ~ a~di~io~l s~u~ies~ research
or ~her investigations w~l be
(b) If any ~ues~ion ~s been answere~ Tee ~he proJec~ ~y be si~ican~
ccmple~e~ Enviro~en~al Assessmen~ ~o~ is necessa~/.
(c) If all ~ues~ions ~ve been ans~re~ No i~ Is l~ely ~ ~his projec~
no~ sigaifican~.
~) ~viror~en~al Assessmen~
1. W~i proJec~ res~ in a large physical c~mge
~o ~h~OProJec~ ai~e or physically al~er more
%~n acres o~ land? . . . . . . . . . . . . ~es ,X
2. W~I :here be a ~Jor c~nge ~o any ~lque or
unusual land fo~ fo~d on :he si:e? . . . . . -- Yes .~ No
3. W~i project alter or ~ve a large effec~ on
an exis:~g body of wa~er? . . . . . . . . . . ~es X No
&. W~I proJec~ have a~po:en~ially large ~ on
~o~:er quall:y. ' · · · · · · · · · · · . ~es X
5. W~l proJec~ si~ifican%ly effec~ drayage ~
on a~Jacen: si%es? ' · · · · · · · · · · · Yes X
6. W~I project affec: any ~ea~ened or en4angere~
~lan~ or anal spacies? . . . . . ~ . . . . ~ Yes X
7. W~l pro~ec~ res~ in a major a~verse effect on
air ~uali~y? · · · · · , · · · · · · Yes X
8. W~i proJec~ have a major effec~ on visual c~
ac:er of ~he co~muni~y or scenic views or
kn~ ~o ~e ~por:an~ :o :he co~uni:y? · · · . Yes X
9. Will proJec~ a4versely ~pac~ any si:e or
ute of his:oric, pre-his~oric, ~r
im~or~a~ce or any si~e ~esi~a~ed as a ~ri~ical
envlro~en~l area bM a local agency? · · · ~ ~es X No
10. W~I proJec~ have a ~Jor effect on exis~g or
fuLure recrem:ional oppor~i:ies? · · · Yes X
11. Will project result in ~Jor traffic problems or
cause a ~Jor effec~ to existing transpor:a:ion
syste~? · · · · · · · · · · · · Yes ,,X No
12. Will proJec~ reg~arly cause objectionable odors,
ante as a res~ of the project's operation? . -- Yes .~
13. Will proJec: have any impact on pub].ic health or
safety? ...... ~ .... · Yes .,~
l&. Will project Affect the exis%in~ co.unity by
dlrectl~ causing a ~rowth in ~ermanen~
:ion of more ~han 5 percent o~er a on.year
period o~ have a ~jor negative effec~ o~
character of :he community or neighborhood?.. Yes X
15. Is there public c~rovers7 c~cerning the project? Yes X
PREP~ER'S SIGNATb~E~ ~ ~~ TI~S: Architect
REPRESE~TI~O: Eugene Bozzo-Owne~ DATE: Au~. 26 ~ 1986
To:
Au~. 26~ 1986
(Tcd=y's
$outho!d Town Board of Appeals
Main Road
$outhold, NY 11971
Appeal Application of Garrett A. Stranq for Bozzo
Location of Property: Camp mineola .Rd.
Mattituckt New York
Dear Sirs:
lin reference to tho. New York State Tidal Wetland--
R~gu~ations, 6 NYCRR, Part 661, and Article 25 of the i.{ew York
State. Environmental Conservation Law, please be advised that
:ubjuc~ proper~y iQ the within appeal
' (plaa=~ ch,:ck ~o box)
[ ] May be located within 300 feet of tidal wetlands
how,:ver, constructed along the wa~er-lyin~
of this property is a bulkhead in very good
condi~ion and a= ~uas= 100 fee~ in ~length.
[ ] May b~ 'located within 300 feeu of tidal wetland=.
however, cons=rutted along the water-lying edge
of this property is a bulkhead in .need of (minor)
(major} repairs, and approximately fee= in
length.
[xl
May be located within 3.00 feet of tidal wetlands;
however, constructed along the water-lying edge
of this proper~y is a bulkhead le~$ than 100 feet
in length.
May be located within 300 feet of tiddi wetlanda;
and there is no bulkhead or
con ..... wall exisf~n
'on the premises.
-[ }
not appear to
Is not located withi~ 300 feet of tidal wetlands
to ~'he best of my knowled¢3o.*
[.,ta._eu ' -
~tum~ (*) ~nd~cate your property does
fall within ~he jurisdiction of the N.Y.S.D.E.C.
NOTE: If proposed project falls %~iu~in D.E.C. jurisdiution,
approval must be received an.d submit~6d to our office befo£o
your application can be scheduled for a public hearing.
<)