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Southold Town Board of Appeals
N1AIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11cj";1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3345
Application Dated March 14, ]985 (Public Hearing May 2, ]985)
TO: Mr. Bruce Vita]e [Appellant(s)]
622 Oak Street
Copiague, NY 11726
At a Meeting of
the above
on your
the Zoning Board of Appeals held on June ]3, ]985,
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
[ ]
IX]
Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article VI , Section ]00-60
Request for
Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726,
for a Variance to the Zoning Ordinance, Article VI, Section 100-60, for
permission to operate a carpenter shop within existing building in this
B-Light Business Zoning District. Property Location: South Side of
Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 121,
Block 5, Lot 2.
WHEREAS,
in the Matter
at which time
a public hearing was held and concluded on May 2, 1985,
of Appeal No. 3345, in the Application of BRUCE VITALE,
no objections were received for the record; and ~
WHEREAS, the board has considered all testimony and documentation
in the record concerning this application; and
and
and
WHEREAS, the board members
are familiar with this and
have inspected the premises in question
the surrounding properties in the area,
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the south side of
Sound Avenue (Middle Road), Mattituck, NY, contains a total area of
8.427 acres with a width at the building setback line of 242+ feet
and frontage along Sound Avenue of 100 feet, and is located in a
"B-Light" Business Zoning District;
2. By this application, appellant requests permission to
operate a carpenter shop in an existing 60.3' wide by 160.2 feet
deep building, set back 12.6 feet at its nearest point from the
easterly side property line and ll.1 feet at its nearest point
from the northerly property line (a distance 336 feet south of
Sound Avenue).
3. Article VI, Section 100-60 does not list a carpenter
shop as one of the permitted uses in the "B-Light" Business
Zoning District, but does permit same in a "B-l" General Business
Zoning District in accordance with Articles VII and XIII.
(CONTINUED ON PAGE TWO)
DATED: July 9, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3345
Matter of BRUCE M. VITALE
Decision Rendered June 13,
1 985
4. On June 13, 1985, the requested floor plan of the exist-
ing building in which the carpentry shop is proposed was submitted
for consideration. There are presently eight bays, three of
which are proposed at the present time for the carpentry shop, having
a total area of 60' by 60', and then one for a garage repair shop, and
four bays for rentals as may be permitted by Article VI.
In considering this appeal, the board determines that the
relief requested will not alter the essential character of the
neighborhood and will be within the interests of justice, as
noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Messrs. Grigonis and Sawicki, it was
RESOLVED, that relief be GRANTED AS CONDITIONALLY NOTED
BELOW concerning the Matter of the Application of BRUCE VITALE
Under Appeal No. 3345:
I. The carpentry-shop use as requested be limited to a
maximum of four bays (20' wide each)to the southerly end of
the existing building;
2. The uses of this parcel are limited to those uses as
are permitted by Article VI for this zoning district (B-Light),
or as approved herein;
3. The parking and site plan as considered and approved
by the Southold Town Planning Board pursuant to the require-
ments of Article XIII of the zoning code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
lk
j'GERARD P. GOEHJ~NGER,/CHAIRMAN
/July 9, 1985 J
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ~//~,f~, HOUR
Town Clerk, Town of $oufholcl
NOTICE IS HEREBY GIVEN,
Law and the Code of the Town
hearings will be held by the
the Southold Town Hall, Main
Meeting, commencing.at 7:30
follows:
pursuant to Section 267 of the Town
of Southold, the following public
Southold Town Board of Appeals at
Road, Southold, NY at a Regular
p.m. THURSDAY, MAY 2, 1985, and as
7:30 p.m. Application for KIMON AND WOODENE RETZDS, by
R.W~ Gillispie as agent, Main Road~ Southold, NY for a Variance
pursuant to New York Town Law~ Section 280-a, for approval of
access over private right-of-way to be located off the east side
of Rocky Point Road along the southerly property line of land
of Metropoulos and over land of Nowell Estate, to premises
identified as County Tax Map District 1000, Section 31, Block 2,
Lot 10; and more particularly Lots 2 and 3 of Minor Subdivision
No. 81 (1973-Retzo~).
7:40 p.m. Applicat'ion of BRUCE M. VITALE, 622 Oak Street,
Copiague, NY 11726, for a Yariance to the Zoning Ordinance,
Article VI, Section 100-60 for permission to operate a carpenter
shop within existing building in this B-Light Business Zoning
District. Property LO~ation: South Side Sound Avenue, Mattituck~
County Tax Map District lO00, Section 121, BLock 5, Lot 2.
7:45 p.m. Application for ANN SABA (by P. SUjeski), 1000
Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article III, Section i00-31, Bulk Schedule, for
approval of insufficient area and width of lots in this proposed
two-lot division located at the South (westerly)!Side of Stillwater
Avenues Cutchogue, NY; County Tax Map District 1000, Section 103,
Block 07, Lot 007.
7:50 p.m.
Sound Avenue,
Article III,
insufficient
land located
County Tax
Application for GUY SOBERING (by P. Cardinale, Esq.),
Mattituck, NY for a Variance to the Zoning Ordinance,
Section 100-31, Bulk Schedule, for approval of
area of lots in this proposed two-lot division of
on the North Side of Sound Avenue, Mattituck,
Map District 1000~ Section 121, Block 01, Lot 3.1.
8:00 p.m. Application for MR. AND MRS. HOWARD L. YOUNG
(by J: DeReeder), 28545 Main Road, Orient, NY for a Variance to
the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule,
for approval of insufficient area of two lots in this proposed
Page 2 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of May 2, 1985
three-lot division of land located on the North
the East Side of Browns Hill Road, Orient, NY;
District lO00, Section 18, Block 06, Lot 24.
Side of Main Road
County Tax Map
and
8:05 p.m. Application for JAMES PERICONI AND MARION C~MINI,
223 West 21st Street, New York, NY 10011 (by R. Bruer, Esq.) for'a
Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of insufficient area and width of lots in
this proposed set-off division of land located on the North Side of
C.R. 48, Peconic, NY; County Tax Map District 1000, Section 74,
Block l, Lot 23.
8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOPMENT CORP./SAGE
for approval of insufficient area (and width) of lots in this
proposed cluster development at 67380 Main Road, Greenport, NY;
County Tax Map District 1000, Section 53, Block 5, Lots l, 1.3, t2.3
(at Breezy Shores).
The Board of Appeals will hear at said time and place any and
all persons desiring to be heard in each of the above matters. Written
comments may also be submitted prior to the conclusion of the subject
hearing.
Dated: April 17,
1985.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By L. Kowalski, Secretary
(516) 765-t809 (alt. 1802)
Instructions to Newspapers:
Please publish once, to wit: THURSDAY, APRIL 25, 1985, and forward
seven affidavits of publication by April 30th to: Board of Appeals,
Main Road, Southold, NY 11971.
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
,-TO,THE ZONING BOARD OF APPEALS,:TOWN~OF SO~THOLD, NJ Y:
APPEAL NO. ~--~
D^t ......
Name of Appella,n,t Street and Number
................. C ~p.i~gu~ ..........................................................
Municipality
.... ~..ll2.2.6.....HEREBY APPEAL TO
State
THE ZONING BQARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED:g/28/84 FOR: Use of premises as carpenter shop
A/HEREBY THE BUILDING INSPECTOR DENIED TO
)
( )
Nome of Applicant for permit
of
..: ................ l~23..Q~k.CJ~r~.e.t .............. Capiagaa ................... ~/q,¥,.:L 1.72~6 ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD
]. LOCATION OF THE PROPERTY .... ;..~2l].0..,~.Qg~.ci,...~ze.n.~.~-'.M~/~..~..t. ti.~.q,q~. ....... ....!.....]..~ .....
Street and Hamlet Zone
......... 1.~1...0,5..2 ....................................................... OWNER(S): ]]ruce Vitale
/v~ep No. Lot No. ....i.
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 VI , Sectio~ 100-60
3. TYPE OF APPEAL Appeal is made herewith for
¢~x) A VARIANCE to the Zoning Ordinance or Zoning Map
( : A VARIANCE duc to lack;of access (Store of New York Town Law Chap. 62 Cons. Laws
Art. 1~ Sec. 280A Subsectiof~ 3 :
~. PREMiOUS APPEAL A previous oppeal ~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such oppeo! was ( ) request for a special permit
( ) request for a variance
ond 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
existing building on the premises.
operate a carpenter shop in the
Form z~l (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical ~difficuities or unneces-
sery HARDSHIP because the nature of the surrounding premises and area makes it
economically unfeasible to try !o operate any of the uses allowed under Art. VI,
Sec~ 100~60.
2. The hardship created is UNIQUE and is not shared by al! properties alike in the immediate
vicinity of this property and in this use district because they are obviously zoned differently
as heavy equipmenl is slot, ed agd usec~ in the vicinity.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CFtARACTER OF THE DISTRICT because the ordinance already allows many and varied
"light" businesses to be operated. The operation of a carpenter shop is a "light"
business as we are only planning to construct tables and sm 11 household furniture,
The granling of this use variance will in no way affect the values of the adjacent
properties and in no way will said use be detrimental to adjacent property owners,
STATE OF NEW YORK )
COUNTY OF Su~£°lk )
Sianature
~ Bruce Vi/ale '
Sworn to this .............................................. day ........................................................ ]9 85
OWNER
LAND IMP
AGE
Nib/V NOR~\,V~L
BUILDING CONDITION
BELOW ABOVE
ACR.
TYPE OF BUILDING
FARM
Tillable 2
Tillable 3
Acre Value Per
Acre
Woodland
S'warnpl~nd FRON']'AGE ON WATER
BULKH~xD
.-¢ ~ O~ DOCK
Legal Notices
LEGAL NOTICE
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of southold, the following
public hearings will be held by
the~outhold Town Board of Ap-
peals at the Southold Town Hall,
Main Road, Seuthold, NY at a
Regular Meeting, commencing
at 7:30 p.m. THURSDAY, MAY
2, 1~5, and as follows:
7:30 p.m. Application for
KIMON AND WOODENE RE-
TZOS, by R. W. Gillispie as
agent, Main Road, Southo]d, NY
for a Variance pursuant to New
York Town Law, ~ction 280-a,
for approval of access over pri-
vato right-of-way to be located off
the east side of Rocky Point Road
along the southerly property line
of land of Metropeulos and over
land of Nowell Estate, to prem-
ises identified as County Tax
Map District 1000, Section 31,
Block 2, Lot 10; and more par-
ticularly Lots 2 and 3 of Minor
Subdivision No. 81 (1973-Re-
tz~).
t~40 p.m. Application of
g22 Oak
{S~.~t, Copiague, NY 11726, for
la V0riance to the Zoning Ordi-
! nance, Article VI, Section 100-60
~for ~ermission to operate a car-
l~pe.n,~r shop within existing
~ building in this B-Light Business
[Zoning District, Property Loca-
South Side So.nd Avenue,
~Mattituck; County Tax Map Dis-
L~000, Section 121, Block 5,
7:45 p.m. Application for ANN
SABA (by P. Sujeski), 1000 Still-
water Avenue, Cutehogue, NY
for a Variance to the Zoning Or-
dthance, Article HI, Section 100.
31, Bulk Schedule, for approval
of insufficient area and width of
lots in this proposed two-lot divi-
sion located at the South (wes-
torly) Side of Stillwater Avenue,
Cutehogue, NY; Co.nty Tax Map
Dish/ct 1000, Section 103, Block
07, Lot 007.
7:50 p.m. ~cation for GUY
SOBERIN..G~ p. Cardinale;
Esq.), sound Avenue, M~ttituck,
NY for a Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule, for ap-
proval of insufficient area of lots
in this proposed two-lot division
of land located on the North Side
of Sound Avenue, Mattituck,
NY; County Tax Map Dish/ct
1000, Section 121, Block 01, Lot
3.1.
8:00 p.m. Application for MR.
AND MRS. HOWARD L.
YOUNG (by J. DeReeder), 28545
Main Road, Orient, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31, Bulk Schedule, for approval
of insufficient area of two lots in
this proposed three-lot division of
land located on the North Side of
Main Road and the East Side of
Browns Hill Road, Orient, NY;
County Tax Map District 1000,
Section 18, Block 06, Lot 24.
8:10 p.m. Reconvene Hearing
of BAYVIEW DEVELOP-
MENT CORP./SAGE for ap-
proval of insufficient area (and
width) of lots in this proposed
cluster development at 67380
Ma~n F, oa~t, tJreenpert, NY;
County Tax Map District 1000,
Section 53, Block 5, Lots 1, 1.3,
12.3 (at Breezy Shores).
The Board of Appeals will hear
at said time and place any and
all persons desiring to be heard
in each of the above matters.
Written comments may also be
submitted prior to the conclusion
of the subject hearing.
Dated: April 17, 1985.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
By L. Kowalski, Secretary
(516) 765-1809 (alt. 1802)
1TA25-4868
STATE OF NEW YORK
COUNTY OF SUFFOLK
ANNA LEKKAS of Greenport, in
·aid County, being duly sworn, says that he/she ia
Principal Clerk of THE SUFFOLK TIMES, a Weekly
New~paper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed Is
a printed copy, has been regularly published In
said Newapaper once each week for one
weeks successively, commencing on the 2 5
dayof April 19 85
A ~ _~ ~1'~ ,%~ ~ Principal Cl~rk
Sworn to before me this 2 5
dayof ~ri ] 19 R5 ~
~ONING BOARD
MAIN ROAD
.~, ~ ~LD, NEW YORK
OF HEARINGS
NsRsBY
nt to section 267 of
he ~ L~w and the Code of
the Town of Southold. the
following public hearings will
be held by the Seuthold Town
Board -of appeals at the
S0athold T~,m Hall, Main
Road, Southold, NY at a
R~alar 'Meeting, commenc-
ing ut 7:30 p.m. THURSDAY,
MAY 2, 19~5 and as follows:
7:30 p.m~ Application for
KhMON AND WOODENE
RET/DS, by R.W. Gillispie as
agent, M~iin Road, Southold,
NY for a Variance pursuant to
New york Town Law, Section
280-u, for approval of acces~
over private right-of-way to be
located off the east side of
Rocky Point Road along the
southerly property line of land
of MetropoUlos and over land
of Nowell Estate, to premises
identified as County Tax Map
District 1000, Section 31, Block
2, Lot 10; and more particUlar-
ly Lots 2 and 3 of Minor
Subdivision bio. 81 (1973-Ret-
/ 7:40 p.m. Application of
,622 Oak
Street, Copingue, NY 11726,
for a Variance to the Zoning
Ordinance, Article Vl, Section
100.60 for permission to oper-
ate a carpenter shop within
existing building in this B-
light business Zoning District.
property Location: South Side
Sound Avenue, Mattituck;
kCounty Tax Map District 1000,
n~mcti°~ 121, ~lo~k 5, .Lot T.
7:45 p.m. Applicution for
ANN SABA Coy P. Sujes~i),
1000 Stillwater Avenue, C'ut-
cho~ue, NY for a Variance to
the Zoning ordinance, Article
HI, Section 100-31, Bulk Sch-
edule, for approval,of insuff-
icient area andwidth of lots in
this proposed two-lot division
located ut the South (westerly)
Side of Stillwater Avenue,
Cutchogue, NY; County Tax
Map District 1000, Section
Block 07, ~t 007.
for
Card-
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ./ ..... weeks
successively, commencing on the .......... ?...'~. ~.~. ......
..... ,
Sworn to before me this .......... ~.~..~-~ .~. ..... day of
......... . /. ........ 9 . . ?. .
Notary Public
BARBARA FOR~FS
Notary Public, State ot
No.
Quali£ied in
Commission Expires
Southold Town Board of Appeals
MAIN ROAD- STATE if~OAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS t Apr i'J '[1, 1985
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E o Q.R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significanc~
APPEAL NO.: 3345
PROJECT NAME: Bruce Vita]e
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: Variance to operate a carpenter shop in the
existing building.
LOCATION OF PROJECT: Town of ~outhold, County of Suffolk, more
particularly known as: 7280 Sound Ave. Mattituck, ~Y
SCTM#1000-121-05-2
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of tidal
wetlands or other critical environmental area.
(3) The relief requested is not directly related to new construction,
FOR 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.
COUNTY OF SUFFOLK
Department of Planning
360-5206
Town of Southold
Board of Appeals
July 12, 1985
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following application(s) which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determina-
tion. A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s)
M%micipal File Number(s)
Bruce Vitale #3345
Very truly yours,
Lee E. Koppelman
Director of Planning
Ce r~/~f' G. Newman
Chief Planner
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, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
July 10, 1985
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:
XgC~ Variance from the Zoning Code, Article VI , Section 100-60
Variance from Determination of Southold Town Building Inspector
Special Exception, Article ,' Section
Special Permit
Bruce Vitale
Sound Ave. Mattituck
1000- 121-5-2
Appeal No.: 3345 Applicant:
Location of Affected Land:
County Tax Map Item No.:
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or
Boundary of Existing or Proposed County, State or
Other Recreation Area
Federally Owned Land
Federal Park or
or
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to operate a carpenter
shop within existing building in this B-light Business Zoning District
Conditional approval was granted 6/19/85 (attached)
Copies of Town file and related documents enclosed for your review.
Dated: 7/10/85 ".~3C~ ~L~'~
Secretary, Board of Appeals
Southold Town Board of Appeals
.~';~ ~AIN RnAD- ~TATE ROAD 25 ~nUTHOLD, L,I,, N.Y. 11971
~ TELEPHONE (516) 765-1809 ·
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
July lO, 1985
Mr. Bruce Vitale
622 Oak Street
Copiague, NY 11726
Re: Appeal No. 3345
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered 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 approval of any new construc-
tion in writing, or for other documents as may Re applicable.
If you have any questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Planning Board'
Suffolk County Planning
GERARD P. GOEHRINGER
CHAIRMAN
inda F. Kowalski
Secretary
Commission
To whom it may concern:
The building and properties of 7280 Sound Ave.
now zonet B light,, if approved, will fall under the
restrictions of B1. Any future plans for these
properties will conform to that code.
Bruce M. Vitale
June 13, 19~5
Copies of the Notice of Hearings to the following on or about 4/18/85:
L.I. Traveler-Watchman
Suffolk Times
Town Clerk Bulletin Board
Robert W. Gillispie III as agent for Retzos
Joseph Levorchick, Esq. for Retzos
Mr. Bruce Vitale, 622 Oak Street, Copiague, NY 11726
Mrs. Ann Saba, 93-23 Shore Road, Brooklyn, NY 11209
Mrs. Patricia Sujeski, 1000 Stillwater Avenue, Cutchogue
Philip J. Cardinale, Esq., Drawer W, Jamesport, NY for Sobering
Mr. Guy Sobering, Sound Avenue, Mattituck
Mr. John F. deReeder, 240 Wampum Way, Southold as agent for H. Young
Mr. and Mrs. Howard L. Young, Main Road, Orient
Mrs. Margaret Young, sister-in-law of applicant
Joseph Forchelli, Esq. for Bayview Development/Sage (personally 4/18)
ZBA individual files
ZBA members
ZBA Bulletin Board (office)
V. Lessard
H. Raynor for Bayview Development/Sage
Southold Town Board of Appeals
MAIN ROAD- STATI~ ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
April 11, 1985
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR. S. E. Q. R. A.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3345
PROJECT NA~LE: Bruce Vitale
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: Variance to operate a carpenter shop in
existing building.
the
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 7280 Sound Ave. Matt~tuck, ~Y
SCTM#1000-121-05-2
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of tidal
wetlands or other critical environmental area.
(3) The relief requested is not directly related to new construction.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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 SOUTHDLD, L.I., N.Y. 11g'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO: Office of the Planning Board (Attn: Diane)
FROM: Office of the Zoning Board of Appeals (Attn: Linda)
DATE: March 18, 1985
SUBJECT: Applications Pending with Z.B.A. and Planning Board
To bring you up-to-date and to request your comments or recommenda-
tions, the following matters have been filed since our last
memorandum to you dated February 8, 1985, and will require
action by the Planning Board:
Matter of Tentative ZBA Hearing
Dominick Varano, by R. Lark April llth as req.
Briden Machine March 28th
William and Helen Coster by R. Lark April llth as req.
Joseph Lizewski April llth
Colgate Design (7-11, Cutch.) W. Esseks May 2
Saba/Kislow/Sujeski May 2
Howard L. Young & Wf. May 2
Sobering by P. Cardinale, Esq. May 2 or 23
~tale May 23
P. Reinhart, R. Bruer, Esq. May 23
H. Conway, R. Bruer, Esq. May 23 or June 13
Perricone & Cimini, R. Bruer, Esq. June 13
Pindar Winery June 13 or 20
Peconic Vineyards June 13 or 20
Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20
J UDITtl T. 'FERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
~4arch 14, 1985
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 ZoningAppeal No 3345 application of
Bruce Vitale for a variance. Also included is notice to
adjacent property owners; Short Environmental Assessment Form;
letter relative to N.¥.S. Tidal Wetlands Land-Use; Notice
of Disapproval from the Building Department; and survey.
Judith T. Terry
Southold Town Clerk
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. ~ ~ ~' ~''
D^TE ......
Name of Appellant Street and Number
................. .Cnplng~ ............................................................. ~.Y..,1,,J.'/.2.6.....HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED:9/28/84 FOR: Use of premises as carpenter shop
WHEREBY THE BUILDING INSPECTOR DENIED TO
................. Bruce...V.[~a~e ......................................
Nome of Applicant for permit
of
................... ~2J~.Q&k S.t feet .............. C opia~ue .................... JN.Y..! 1.7.2.6 ...........
Street and Number Municipality State
( :y~ PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
1. LOCATION OF THE PROPERTY ........ ]~SO ~O.l~Ud ~.¥ft~u,e,...~¥[~l,t;.~t~,C~. ...................... ~ .......
Street and Hamlet Zone
!21~05 2 OWNER (S) - ~y~qq ¥~t~i~.
Map No. Lot No. U/~.l~
D~ ~U~C~A$~D: ............
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 Vi , Section 100-60
3 TYPE OF APPEAL Appeal is made herewith for
(~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ,~l~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x:Z A Variance to the Zoning Ordinance
( )
is requested for the reason that ~e would
existing building on the premises.
like to
operate a carpenter shop tn the
Foden Zl]Z (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the nature of the surroundln~ premises and area makes it
economically unfeasible to try to operate any of the uses allowed under Art. VI,
Sec. 100-60.
2. The hardship created is UNIQUE and is not shared by afl properties alike in the immediate
vicinity of this property and in this use district because they are obviously zor~ed differently
as heavy equipment is stored and used in the vicinity.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
~CHARACTER OF THE DISTRICT because the ordinance already allows many and varied
'light" businesses to be operated. The operation of a carpenter shop is a "light"
business as we are only plannin~ to construct tables and sns II household furniture.
The grantin~ of this use variance will in no way affect the values of the adjacent
properties and tn no way will said use be detrimental to adjacent property owners.
STATE OF NEW YORK )
) ss
COUNTY OF Suffolk )
]~ruce
Sworn to this ~-~-'~ day of ........................................................ 19 Rfi
NOTARY PUBLIC, b~:~ ~i N*~w York
~o. E2-~,742.503
QuJ~Jed Ill Sllffot~ County
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matt the Petition 'o :
Bruce Vitale :
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~ (F~FF4~$~%T4~$~La~a~f%gLq~9~f) (Other) [circ le choice] ~
from Ariicle VI, Section 100-60 of Town of Southoid Code ).~
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 79. R0 ~r~,md Av~nl~: ~V[n~'t{~lc, k: Nx~
See Schedule A
3. That the property which is the subject of such Petition is located in the following zoning district:
B - Light Business District
4. That by such Petition, the undersigned will request the following relief:
Permission to use premises as carpenter shop
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare ~ticle VI Sec~ion 100-60, 100-70
[ ] Section 280-^, New York Town Law for approva] of access over ri§ht(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing inthe Suffolk Times and i~i'the Long Island Traveler-Mattituck Watchman, newspapees 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:
Bruce Vitale
Petitioner
Owners ' Name s: same
Post Office Address
79.9 ~ Rtrp~,
CoDta~%le, NY
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
William W. V~r_t~t~ ~
Steve
James M.
Michael Ad
666 Lake Shore Drive, Chicago, Illinois
1930 Leeward Drive, Southo[d, NY 11971
Cedar Place, Glen Cove, NY
140 Adams Boulevard, Farmingdale, NY
Zl.g'~0t.gg~& 'O'd'O'S'N ~ ~86L 'qed '00g~ tuJod Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
Russell A. Weber , residing at 7 Unqun Plnaa: Arni~'~r!ll~. ~JV
, being duly sworn, deposes and says that on the ~z'~ day
of me e-c~ ,19 85 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses 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 ~ ~., t r~,~c ~'/ ; that said Notices were mailed to each of said persons by
(certified) (r.e~ib~m:e~ mail.
Sworn to before me this ~r ~-
dayof mR~c_ Pr ,19~
~otary Public
(This side does not have to
)erty owners.)
be completed on
form transmitted
to adjoining
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Bruce Vitale
to the Board of Appeals of the Town of Southold
TO:
William W. Wirtz
666 Lake Shore Drive
Chicago, Illinois
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~~:dxfx~X~ ,an~, ~,~) (Other) [circle chancel
f · . . '~"-~ //
rom Article VI, Section 100 60 of Town of Southold Code -~////× f/. ).
2. That the property which is the subject of the Petition is located adjacent to y~erty and is des-
cribed as follows: 7280 Sound Avenue, Mattituck~ NY
See Schedule A
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
Permission to use premises as carpenter shop
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article VI Sect/on 10D-R0:100-70
[ ] Section 280-A. 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 Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated
Bruce Vitale
Petitioner
Owners ' Names:
Post Office Address
fi22 C)nk Ri, re, et
CoPia~ue~ NY
same
TITLE NO.
8408-090261
SCHEDULE A -- Description
ALL that cereaJn plot, piece or parcel of land situate, lying and being
in the Town of Southold, at Mattituck, Suffolk County, New York, bounded and
described as follows:
BEGINNING at a mDnu~_nt on the southerly side of Sound Avenue about 380
feet westerly along said southerly side f~u the point where it would be
intersected by the direct extension southerly of the westerly side of Cox
Neck Road, said point of beginning being the the northwest corner of land of
' Papish, frc~ said point of beginning thence along said land of Papish, two
courses, as follows:
(1) south 21 degrees 49 minutes 20 seconds east 325.0 feet to a mon%m~nt;
(2) north 68 degrees 10 minutes 40 seconds east 176.20 feet to a nun~uant
and land of Sepko; thence along said land of Sepko, south 19~degrees 52 minutes
20 seconds east 1524.14 feet to land of Price; thence along said land of Price
north 56 degrees 19 minutes 20 seconds west 382.45 feet; thence along land
formarly of Sacks, now of Norris north 21 degrees 49 minutes 20 seconds west
1571.46 feet to a mon~u~nt on said southerly side of Sound Avenue; thence
along said Southerly side of Sound Avenue south 89 degrees 13 minutes 40 seconds
~st 100 feet to the point or place of beginning.
TAX MAP DESI(~ATION: Dist: 1000 See: 121.00 Blk: 05.00 Lot: 002.000
DESCRIPTION
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
.~.
PLEASE TAKE NOTICE that your application dated .., .~,~{I~.-~'~'....~.-....2..~, ..... 19
for pe~it to construct.. ~ ~.-- .%~ .................. · ..................
at
Location of Property qq~O ~ ~ .~~~
County Tax Map No. 1000 Section ... ~. ~ .I ...... Block ..... ~ .~ .... ~t . , ~ ..........
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds..~"q~. V . .~ ....
.~.~ :.~. ?., .2 .~. p,~ .'~...~k,~..~.~-~..~. ~ :.~..~. ~., .~..q~
.~¢. ~.~.. ?~ ,.'~.~, ~ ~.
..... .....
~ Bulldog Inspector
RV 1/80
The ;;.Y.S. [L'~v~ronmen[al Quality i<~:v,,::w ;..ct. ruq~r(~.s sub-
mission of thi~form, and alt envir'onmen[q~review will be
made by this board before any action is t~BFen.
INST~t~TIC5 S.~.
(a} In order to answer the questions in this short gAF is is assum, ed that the
preparer wi!! use currently available lnforr, aticn concerning the pro Jet: and
l~ely ~c%s of the ac[ion, IC is no= e~ec%ed ~= addi:ional s[udie~
or o%her tnves:igations w~i be ~derta~en.
(b) If any qued%ion has b~en answered Yes the pro~ec~ ~y be ~i~ifican~ and
cc~p!eted Environmental A~seszment Fo~ i~ necesoary.
(c) If all questions have been answered No 1% ia l~ely t~[ this project
,n9% significant.
(d) ~viro~mental Assessment
l. W~l proJec: reset in a larse physical
to the project site or physically al%er more
=~n 10 acres of land? · · · · · · · · · · · · Tea X No
2. Will there be a ~Jor change ~o any ~lque or
unusual land fo~ fo~d on ~he sl~e? · , , . Yes . ~ No
3. W~l ~roJec~ alter or ~ve a lar&e effsc~ on
an existing body of wa%er~ · · · , · · , , , Y~s X
&, W~I proJec~ have a potentially large ~ on
~o,~dwa%er quality? , , . , . , . , · · · YeS X
~. W~I projec~ si~ificantly effec~ drayage ~
on ad~ace~ sites? · · · , · · · · · · · YeS ~ NO
6, Wi!l project affect any t~eaDened or endangered
plan~ or anal species? , , , , · · · , , , -- Yes X
7, W~I projec~ rest% in a major adverse effect on
air quality? , .... , . , , , , Y~s X
8. W~I pro Jet: hays a major ~ff~C~ On visual
at,er of the con, unify or sc~nlc views or vistas
kno~ ~o be ~por~an~ %o the uom.muni~y? , · · Yes X No
9, Will pro Jet: adversely ~pac~ any si:e or s=~c~
ute of his:oric, pre-~is~oric~ or paleon:ological
importance or any site desl~a~d as a crl:%=al X
envlro~en~l area by a local a~ency? . · · Yes---- No
10. W~I 9~o]ac~ have a ~]o~ effec= on exis~ O~
fu~ure recrea~ional oppor%~i%l~ . . , Yea .,,~ NO
11. Will projec~ resul~ In ~Jor %raffle pro$1ems or
cause a maJoF effect to existing
eye=ems? , , ~ , , , . . , , . , Yes..X
12. Will proJec~ reg~arly cause objectionable
noiue, glare, vibration, or electrical dis%ur~
ante as a rest% of the project's operation? · Ye~ ~
13. Will project have any imqac% on 9ub].ic health or
safety? . . . . . . . . . . , . Yes..X No
l&. Will projec~ Affec% %he exis:ing co~uni~y by
directly causing a ~rcw=h in permanent
..on of more than 5 percen% over a one--year
period er have a ma3or negative effecL on the
charac~e~ of the com.~unity ~r neighborhood?.. Yes X,, ~o
[5. Is %here public con=rovers7 concerting the project? .... Yes ~ No
~ruce v l[a[e
REPRESENTING: DATE:
JESTIONNAIRE TO BE COMPLETED AND FILED WI'FH APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, $.IJ.N.Y., Stony [3rook, NY 1179q, (tel. 516-751-7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I.
[ I 2.
[ ] 4.
D(] 5.
[ ] 6.
[ ] 7.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
[ ] 50' existing road
[ ] existing structures
[ ] bluff area more than 10' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent photograpi~s of the
project and wetland areas, it would help expedite the processing of your applica-
lion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s).
,POA O (C ~ 27,4)
YOUNG & YOUNG
4'30 (.P~TR~,NDER AV~_t~U['r P, IVEEHEAD, ?.JEW
SURVEY FOR,'
JOSEPH MEGLIO I~ DOLORES MEGLIO
MATTITUCK
oF SOUT,HOLD
SUFFOLK CO., N Y