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Home My WebLink About3356Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3356 Application Dated April ]0, ]985 (Public Hearing June 27, ]985) TO: Gary Flanner 01sen, Esq. [Appellant(s)] Main Road, Box 706 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on July ]8, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3], Bulk Schedule [ ] Request for Upon application of GREGORY SIMONELLI, c/o Gary Flanner Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and lot width of two parcels in this proposed three-lot subdivision located at the South Side of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application for GREGORY SIMONELLII and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, including the June 27, 1985 appraisal report, and Exhibits I and II, submitted during the public hearing in this matter; and WHEREAS, it is noted for the record that opposition has been received from residents in the area during the hearing in this matter; and WHEREAS, the board members are familiar with the property in question, its present use and building, and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant seeks approval of the insufficient area and insufficient lot width of: (a) Lot 1 of 40,000 sq. ft. and 150 ft., respectively, and (b) Lot 2 of 34,835 sq. ft. and 128.86 ft., respectively, [exclusive of proposed right-of-way to Lot 3 which contains an area of 10,230+ sq. ft.]. Lot #3 would contain an area of 82,637 sq. ft. 2. Proposed Lot No. 1 is shown to be improved with one single-family dwelling frame house and attached garage, set back from the westerly side line 35.5 ft. at its nearest point and 22 ft. at its nearest point from the easterly (proposed-division) line. Proposed Lots 2 and 3 are vacant. (CONTINUED ON PAGE TWO) DATED: August 6, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3356 Matter of GREGORY SIMONELLI Decision Rendered July 18, 1985 3. Of the eleven lots adjacent to the subject premises, only two are of a size smaller than that proposed by Lot No. 2. 4. Although the board agrees that a majority of the lots adjacent to the subject premises are of a size less than the current zoning requirements of 80,000 sq. ft. in area, this majority does consist of lots between 40,000 sq. ft. and 64,500± sq. ft. in area~ which is greater than that proposed by this application. In considering this appeal, the board finds that: (a) this proposal as submitted is not consistent with those generally existing on this block; (b) the relief requested is substantial, being at least 45% of a variance from the current requirement of lot area; (c) by allowing the variance as applied, there will be a substantial change in the character of the district for the reasons noted above~ (d) the practical difficulty claimed is not sufficient to warrant a granting of the application as applied; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by denying the application as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3356 in the Matter of the Application for GREGORY SIMONELLI be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk I ECEIVED AND FILED BY SOU OLD TOWN CnU ork, Town of S~uthold NOTICE~IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commencing at 7:30 p.m. on THURSDAY, JUNE 27, 1985, and as follows: 7:30 p.m. Upon application for JOSEPH AND ARLENE LESTINGI, c/o David Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in the frontyard area as revised. ~.Locati~n of Property: ll50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use proposed bui~lding in this ~hi "B-Light" Business Zoni.ng District for heavy-equipment storage. Location of Property: ~4155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. 7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport~ NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4] for permission to use proposed building in this "B-Light" Business Zoning District for heavy-equipment storage as permitted in a "C-Light" Industrial Zoning District. Location of Property: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000- 56-04-20. 7:45 p.m. Application of GREGORY SIMONELLI, c/o Gary Flanner Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance~ Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and lot width of two parcels in this proposed three-lot subdivision of Grand Avenue, Mattituck, NY; County 107-02-04. located at the South Side Tax Map Parcel No. 1000- 7:50 p.m. Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne, NY 11565 for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2(C), for permission to build deck addition with reduction from the edge of Corey Creek and ~educ~ions in front ahd side yard setbacks. Location of Property: 2600 Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-004. 7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman, Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-19-01-14.(14.1). 8:00 p.m. Application for MARION R. AND'JOHN M.~ KING, C/o Paul A. Caminiti, Esq., Box 992, Southold, NY for a Variance to the Zoning Ordinance, Article IO0-30(A)(C) for permission to enclose existing porch and use as a real-estate office in conjunction with existing family residence at 51155 Main Road, Southold, NY~ County Tax Map Parcel No. 1000-70-01-03. 8:05 p.m. Application of JEAN HARFORD, 8 Beachway, Port Washington, NY 11050 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct a second attached garage with an insufficient sideyard setback at premises located on the north side of Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel No, 1000-087-06-002. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. (Tel. 765-1809, alt. 1802). Dated: June 13, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructio~ to newspapers: Please publish once, to wit: THURSDAY, JUNE 20, 1985 and forward eight (8) affidaVits of publication by June 25th to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDiNG DEPARTMENT TOWN CLERK'S OFF-ICE SOUTHOLD, NOTICE OF DISAPPROVAL ..~.~,~,× ......... .~ ~.~.~,.~.. ......... PLEASE TAKa~NOTICE that your application dated . .[.~ ........... 19 for ve~i~ to ~ ............................... Ceunty Tax Map Nc. 1000 Sect]on .... d ~ ~ ..... Block .... ~. ~. .... ~ .... ~ ........ Subdix~on;: ................ Fged Map No ................. Lot No ........... is ~tu=ed herewith and d~sapproved on the fo~cw~g ~o~ds .~;~V. ~...~ ~ ~ ~g .. . .... ~ ....... ~..~ .......... -~ ............ ~... .... ¢. ~' Bugd~g Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ffff~ DA E TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .... Gre~;o.~,y..S.imQ~e.tlt ......................... of ...A~!09.l.6/~ SW.e,et.~ 2'.l~ahLa~,~.,.~, l.l.~.58 Name of Appella.nl' Street and Number ...................................................................................... H~REBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ) ............ G..r..e. ~o..a ~..S i...m. 9..n..e..l.!.i. ............................. Nnme of Applicant for permit of 42 09 164 Street Flushing, N.Y. 11358 Street and X~umber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...... .O..zi~.o.d ~.v. ep.tze. .M.a. ttit..u..c..k. .............. ~.g~.i...c.../.Resid Street Use District on Zoning ~Aop MaD No. Let No 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~3 Section ~ 100-3l ]3ulk and Parking 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( _) A VARIANCE due m ]ack of access /State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREY IOUS APPEAL A Drevious appeal ~ (has not) been mode wit}' respect to this decision of the Building-Inspector or with respect to this p~'operty. Such appeal was ( request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested~far the reason that applicant seeks to divide p~em[ses into 3 lots as shown on the annexed survey of Young & Young dated December 7 1984. Forlll ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because all of the other lots in the neighborhood are generally the same size and shape as the proposed parcels and furthermore thehe is already established on parcel#l a house. An access variance is required under section 280A of the Town Law to give access to parcel #3 from Grand Avenu~ Lot #! would contain 40,000 sq. ft. Lot #2, 45,130 sq. ft. and Par%ei #3~ 82,537 sq~ ft. 2. The hardship created is UNIQUE and is not sl~ared by all properties alike in the immediate vicinity of this property and in this use district because the area surrounding subject preratses contain parcels generally of one acre in size and to deny the variance would require the applicant to have over sized parcels compared to others in the neighborhood, Pending at the present time is an applicatio:n with the Souihold Town Planning ]3oard to approve the proposed Sub-Division, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property lots woald be generally [~ keeping with the size and shape of other parcels in the area, STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Gr~g/~/imo nell t by ........ ~'5i~;~; ........... ~ ..................... - GA ~Y;~ F Lg3,I'N~D LSE N Sworn to this .................................. ~,5. ......... day of....~f~F~-.~.~..Y. ............. 1~8'E- No. 52-5805770 Comm~s~o'~ Fx~res ~,7~rcn ~O ~ ~ OWNER FORMER OWNER N ~. .., E ¢. , ] ACK / SEAS~ VL. FARM CO~,, CB. MICS. ~' Mkt. Value IMP. TaTAr. DATE RE~RKS LAND AGE I BUll-DING CONDITION NEW NORMAL t BELOW ABOVE FARM Acre Value .able , ~dodlond Meadowlond Hoqs%Plot Total Value Per Acre FRONTAGE ON WATEP~ FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ir , REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUN(~ HOWARD W. YOUNG MINOR SUBDIVISION PLAN PREPARED FOR : GREGORY-SIMONELLI ~IOTE: I= MONUMENT ~-- STAKE AT MATT1TUC-K TOWN OF SOUTHOLD SU =FOLK C0.., N, Y. SCALE: J' = JO0' DATE:sEPT. 7, 19 8,~. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 August 6, 1985 Gary Flanner Olsen, Esq. Main Road, P.O. Box 706 Cutchogue, NY 11935 Re: Appeal No. 3356 - Gregory Simonelli Dear Gary: Transmitted herewith for your records is a copy of the official findings and determination rendered in the above-entitled variance application. Yours very truly, Enclosure Copy of Decision to: Town Planning Board Town Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 13=J?l TELEPHONE (516~ 765-1809 APPEALS BOARD MEMBERS June 13, 1985 GERARD P. GOEHRINGER, CHAIRMAN : S.E.Q.R.A. ~ CHARLES GRIGONI$, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3356 PROJECT NAME: Gregory Simonelli 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: Bulk Schedule for approval of insufficient lot area and lot width of two parcels in this three-lot Subdivision located LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South side of Grand Ave, Matt. NY 107-02-04 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) This is a lot-line variance not direc%ly'related to new construction by this application FOR FURTHER INFORMATION/ PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeal~z 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. JUDITtl T. TERRY TOWN CI.KRK REGISFRARO} VIFAI, SI \IISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To i Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3356 application of Gregory Simonelli for a variance. Also included is Notice of Disapproval from the Building Department; Short Environmental Assessment Form; Notice to Adjacent Property Owners; and survey. ~' $~dith T. Terry//,~ Southold Town C/Jerk 5ohn ~'. PO~3n · ~. s\mOOS $~ephen /-' O % NOTE: I. TOTAL AREA = 3.851 ACRES 2: SUFF. CO. TAX MAP DIST. I000 SECT. lO7 BL.02 LOT 04 RECEIVED BY OEC 1319 NOTE: I1= MONUMENT c~= STAKE REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG MINOR SUBDIVISION PLAN PREPARED FOR GREGORY Southold, N.Y. 11971 (516) 765-1938 January 10, 1985 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Minor subdivision for Gregory Simonelli Dear Mr. Olsen: The Planning Board reviewed the file for the above mentioned application at the regular meeting of January 7, 1985. It was the consensus of the Board that prior to any action afield inspection will be made. If you have any questions, please don't hesitate to contact our office. y truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Zoning Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure To: Mr. David E. Kapell as agent for Lestingis Mrs. Genevieve Richards Gary Flanner Olsen, Esq. as attorney for Simonelli (in person) Mrs. Margaret Wagner Samuel J. Glickman, Esq. as attorney for Howard Hoey Paul A. Caminiti, Esq. as attorney for Kings Mrs. Jean Harford 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 Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commencing at 7:30 .p.m. on THURSDAY, JUNE 27, 1985, and as follows: 7:30 p.m. Upon application for JOSEPH AND ARLENE LES- TING1, c/o David Kapoll, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to locate garage in the frontyard area as revised. Location of Proporty: 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04- 7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Hoad, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to proposed building in this "B- Light" Business Zoning District for heavy-equipment storage. Lo- cation of Property: 64155 Main Read, Greenport, NY; County Tax Map Parcel No. 1000-56-04- 20. 7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VI, Section I00-60 and Article VIII, Soctiop 100-80{B)[4] for permis- sion ! e proposed building in this "b ~ight" Business Zoning District for heavy-equipment storage as permitted in a "C- Light" Industrial Zoning Dis- trict. Location of Proporty: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. /~' 7:45 p.m. Application of GRE- ( GORY SIMONELLI, c/o Gary ~ Flanner Olsen, Esq., P.O. Box I06, Cutchogue, NY for a Vari- nce to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insuffi- cient lot area and lot width of two ' parcels in this propased three-lot subdivision located at the South Side of Grand Avenue, Mat- tituck, NY; County Tax Map Par- cel No. 1000-107-02-04. ~5~'p.m. Application of MAR. G-~,ET WAGNER, 20 Slabey Avenue, Malverne, NY 11565 for a Variance to the Zoning Ordi- nance, Article m, Section 100- 31, and Article XI, Section 100- 119.2(C), for permission to build deck addition with reduction ~om the edge of Corey Creek and reductions in front and side yard setbacks. Location of Property: 2600 Private Road #15 tTakaposha Read), Southold, NY; County Tax Map Parcel No. 10004)87-06-004. 7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman, Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval cfa parcel having insufficient area and lot width in this proposed set-off di- vision of land located at the South Side of Main Read, Orient, NY; County Tax Map Parcel No. 1000-194)1-14 {14.I). 8:00 p.m. Application for MARION R. AND JOHN M, KING, do Paul A. Caminiti, ESq., Box 992, Southold, NY for a Variance to the Z/ 'ag Ordi- nance, Article 100~, .)(C} for permission to enclose existing porch and use as a real-estato of- rice in conjunction with existing family residence at 51155 Main Read, Southold, NY; ~ -,mty Tax Map Parcel No. 10(] -01-03. 8:05 p.m. Application of JEAN HARFORD, 8 Beachway, Port Washington, NY 11050 for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct a second tached garage with an insuffi- cient sideyard setback at prem- ises located on the north side of Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel qqo. 1000-087- 06-002. The Board of Appeals will hear at said time and place ail persons desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the sub- ject hearing. (Tel. 765-1809, alt. 1802). Dated: June 13, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1TJ20-4929 enport, in ~ he/she is a Weekly the Town ~e of New nnexed is ~lished in Sworn to before me this 2 0 ANN M. ABATE 'L ,7u n a 19!rP.,~y PUBUC. State of New York .~,.~ /~ /~ /fgulfolk County No 4748183 ~ /// ~erm£xpl,esMarch30.,9...~ . NOTICE . NOTICE IS HEREBY GIV. EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 'the' following public hearings~vlll be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commenc. lng at 7:30 p.m. on THURS- DAY, JUNE 27, 1985, and as follows: · 7:30 p.m. Upon application for JOSEPH AND ARLENE LF~TINGI, c/0 David Kapell, 400 Front Street, Greenport, NY for a Variance to-~the Zoning OrdLnance, ArticieHl, Section 100-32 for permission to locate garage in the: front- yard area as revised. Location of Property: 1150 Sound Drive, Greenport, NY; County Tax Map parcel No. 1000-33-04. 001. 7:35 p,m. Application of GENEVIEVE RICHARDS, 6~155 Main Road, Greenport, NY for'~a Vhriance to the Zoning Ordinance, Article VI, Section 100-60 for'permission to use proposed building in this "B-Light" Business Zon- lng Dis~ric~ for heavy-equip- ment storage. Location of Pro- perty: 641S5 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04.20. 7:40 p.m. Application of GENEVIEVE . RICHARDS, 64155 Main Road, Greenport, NY for a Special Exception to the Zoning Ordimmce~ Article VI, Section 100-60 and Article VIH, Section [00-80(B) [4] for permission to use proposed building in this "B-Light" Business Zoning District loc heavy-equip_merit storage as permitted in a "C-I~g~t" dustrial Zoning District. Loca~o~ tion of Property; 641~ Main Boad, Greenport, NY; ~County ~ Map Parcel No. 04-20. .a7:4~ p.m. Application of I~GORY SIMONELLI, c/o FlaSher Oisen, O. Box 706, Cutchogue, Ny r a Variance to the ~oning Ord~mce, Article I11, 100-31, Bulk Schedule, for )approval of insufficient lot. area and lot width of tw9 parcels in this proposed thr~r lot subdivision located at the South Sid~ of Grand Avenue~ Matiituck, NY; ~ounty Ta~ Map Parcel No. 1000-107.02- 04. ~7:$0 p.m. Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne, NY 11S6~ for a Variance to the Zoning Ordinance, Article Ill, Scctinn 100-31, and Article S~tion 100-119.2 (C), for permission to build deck addi- tion with reduction from tht~ edge of Corcy Cr~k and r~luctinns in front and side yard sctharks. Location of Pror perry: 2600 Private Road (Takaposha Road), Southold~ NY; County Tax Map Parce.~ No. 1000-087.06-004. 7:$$ p.m. Application fo? HOWARD HOEY, c/o Samuel J. Glickman, Esq., 114 Main Street, Greenpert, NY for a Variance to the Zoning Ordin~ ance, Article Ill, Section 100- 31, Bulk Schedule, for approv- al of a parcel having insuf~- cient area and lot width in thi~ proposal set-off division o~ land located at the South Side of Main Road, Orient, County Tax Map Parcel No~ 1000-19-01.14 (14.1). 8:00 p.m. Application for~ MARION R. AND JOHN ~ KING, c/o Paul A. Caminiti~· Exq., Box ~2, Snuthold, NY. for a Variance to the Zoning Ordinance, Article 100-30(A~ (C) for p~rmission to enclose existing porch and use as a r~a]-estate office in conjunc~ tion with existing family resi-~ dence at $11~ Main Road;~ Southold, NY; County Ta~ Map Parcel No. 1000-70-01-03~ 8:05 p.m. Application JF.~N HARFORD, 8 Beach- way, Port Washington, NY' 11050 for a Variance to tho Zoning Ordinance, Article Ill, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................. /.~. ....... weeks successively, commencing on the - (/~f'.-, . .... ~ ~-~:.'.~.~ ...... , 19 . :'. ! . Sworn to before me this ..................... day of ........................ 19. :r... Notary Public BARBARA FORBES Notary Public, Stst~ ut New York No. 480~6 Qualified in Suf£olk County Commls~ion Expires March 30, 19 / Legend ~E"*~ IT-I ° .... ~)al COUNTY OF SUFFOLK , .._ -~ Proper,)y Tax Service Agency TC~,,. O? SOUTHOLD ,~,STmCT .o I000 EXHIBIT 2 RE: Variance Application of Gregory SimoneIli List of vacant land assessments obtained from Real Property Tax Service Agency, 1984 DISTRICT SECTION BLOCK LOT VACANT LAND ASSESSMENT 1000 107 2 4 3,600. (Simonelli Parcel ]000 107 2 5 1,000. 1000 107 2 6 700. 1000 107 2 7 800 1000 107 2 8 1,500. 1000 107 2 16 1,400. 1000 107 2 9.2 1,400. 1000 107 2 9.1 1,400. 1000 107 2 3.1 600. 1000 i07 2 - 3.2 1,600. 000 107 2 3.3 600. 1000 107 2 3.4 600. 1000 107 2 3.5 600. 1000 107 2 3.12 600 1000 107 2 3.11 1,600. 1000 107 2 3.10 1,600 1000 ]07 2 3.9 600. 1000 107 2 3.8 600. 1000 107 2 3.13 200. 1000 107 2 10 1,800. lO00 107 2 11 600. 1000 107 2 12 - 700 1000 107 2 13 700. 1000 107 2 14 700. 1000 107 2 15 700. - I - DISTRICT 1000 1000 1000 1000 1000 1000 1000 1000 i000 1000 1000 SECTION 107 107 107 107 107 107 107 107 107 107 107 BLOCK 1 I 1 1 i 6 6 6 6 6 6 LOT 8.1 5 4.1 21 22 10 11 12 13 14 15 VACANT LAND ASSESSMENT 1,700. 1,200. 600. 700. 1,!00. 500. 500. 800. 600. 400. 500. -2- (516) 765-1993 Residential Commercial Estates Expert Testimony REAL ESTATE APPRAISER 54075 Main Road -- Suite 2 West Southold, New York 11971 Established 1976 Assessment Appeals Condemnation Feasibility Studies Consultations July 1, 1985 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 ATTEN: Linda Kowalski RE: Property of Gregory Simonelli Grand Avenue Mattituck, New York 11952 Dear Ms. Kowalski, Enclosed property June 27, please find photographs of the which was before the Board of 1985. above captioned Appeals on Thursday, Respectfully submitted, Real Estate Appraiser LEL:smy Attachments PHOTOGRAPHS -LANCE E, LARSEN PHOTOGRAPHS LANCE E. LAflSEN-- SLaY Southold, N.Y. 11971 (516) 765-1938 January 23, 1985 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Minor subdivision of Gregory Simonelli located at Mattituck Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, January 21, 1985. RESOLVED that the Southold Town Planning Board recommend that the proposed subdivision of Gregory Simonelli located at Mattituck be amended to two lots to conform to the present two-acre lot requirement, rather than the three lots presently proposed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKIw JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M ~chultze, Secretary cc: Zoning Board of Appeals TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ~.~.~./..~...../? ~- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....~e~ary..Simone.lli ......................... of ....42..~9..l.6.4.Str.e.et.,...F.ln~.hi~.g.~.,.~.,...l.t~.58 Name of Appellant Street and Number Municipality ......................... ~..HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY TI~'E BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 42 09 164 Street Flushing. N,Y, 11358 Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....... O.~.and..A,z. en.~,e, l'~ttit.~.e..k. ....Ag~.Le.../..:8.e.~i.~,.. Street Use District on Zoning Map ........ ,o.,0..0.. z...!.o..7....-...2..:.-...,4 ...................................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article //3 Section ~ 100~31 Bulk and Parking 3. TYPE OF APPEAL Appeal is.made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ., ( ) request for a variance and was made in Appeal No ................................. Dated .................................................:' ................... (X) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested .for the reason that applicant seeks fo divide premises info 3 lots as shown on the annexed survey of Young & Young dated December 7. 1984, (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because all of the other lots in the neighborhood are generally the same size and shape as the proposed parcels and furthermore thehe is already established on parcel #l a house. An access variance is required under section 280.4 of the Town Law to give access to parcel #3 from Grand Avenue. Lot #l would contain 40,000 sq. ft. Lot #2, 45,130 sq. ft. and ParCel #3, 82,637 sq, ft. 2. The hardship~ created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this prol~erty and in this use district because the area surrounding subject premises contain parcels ~enerally oF one acre in size and to deny the variance would require the applicant to have over sized parcels compared to others in the neighborhood, Pending at the present time is an application with the Southold Town Planning Board to approve the proposed Sub-Division. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CF{ARACTER OF THE DISTRICT because the property lots would be generally in keeping with the size and shape of other parcels in the area. STATE OF NEW YORK ) ) COUNTY OF SUFFOLI~ SS Gte ~imonelli ' Signature - GA 1RY FLANNEI~OLSEN Sworn to this .......... 15 day of January 1985. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOIJTHOLD, 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 May 13, 1 985 Gary Flanner Olsen, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No: 3356 - Matter of Gregory Simonelli Dear Sir: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about Mid JUne* , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be sent to you prior to publication in the Suffolk Times and L. I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder * As early as possible, please furnish our office with a copy of a Certificate of Occupancy concerning existing land uses and buildings. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : ~re_~orv Simonelli ~ : to the Board of Appeals of the Town of Southold : Mr. & Mrs, Teressa Sweeney TO: Mr. & Mrs, Mark King Mr, & Mrs, John Polvn Mr, & Mrs. George Strain Steven Simons , Mr. & Mrs. Arvo Kanerva Hugh Benjamin Mr. & Mrs. Earl W, Bedrick NOTICE TO ADJACENT PROPERTY OWNER to request a (Variance) (~l~g~EL~b~[~)(~jT~Re~ (Other) Mr. & Mrs. Otha Mealy Mr. & Mrs, Robert Christianson 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 [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Grand ,Ave.; East by Sweeney~ Kin~; ,qtrain; tCnn~rva; ~,~dric-lr~ ~:)uth bv Mealv. Chrimtian~on: Went by Polvn,. ,qimon,~; Renjnmin, 3. That the property which is the subject of such Petition is located in the following zoning district: A aricultural- Residential 4.-That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TTI' Section 100 ~3l Bulk & Parking 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be f'ded 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-].809. ' 7. That before the relief sought may be granted, a public hearing must be he~the matter by the Board of Appea s; that a notice of such hearing must be published at least five da.~ prioVto the date of such i~rin8 in the Suffolk Times and in the Long Island Traveler-Mattituck Watchm/n, new/spapers published in the Town of Southold and designated for the publication of such notices; that yo~ or you/r representative have the ri~lt to appear and be heard at such hearing. . / .../ Gregory S' Dated. Januaryl5 1985 . by Petitioner ,/'~arb/'Flanne Olsen Post Office Address Main Rd. P. O. Box 706 Cutchogue New York 11935 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME Mr. & Mrs. Teressa Sweeney Mr. & Mrs. Mark King Mr. & Mrs. George Strain Mr. & Mrs. Arvo Kanerva Mr. & Mrs. EarYW~ Bedrick ~----~-~ ~+ha Mealy O ADDRESS BaycrestAve.. Westhampton. N.Y. 11977 Marlene Lane P. O. Box 1039 Mattituck N.Y. 11952 13 6th Ave., Kings Park. N.Y. 11754 Fitzgerald Rd. S.horeharn. N.Y. 11786 Main Rd., Mattituck. N.Y. 11952 Wickharn Ave. Maftituck, N.Y. 11952 -, ~ ~n~+ A.~ria; N,Y, 11106 !'tuck~ N, Y, 11952 ~_ighway. Lake Worth Florid, T ,, ' ::: ..,.:.:.. STATE OF NEW YORK COUNTY OF SUFFOLK SS.: . Eleanor Jones Ma~H~uek ' N: Y. / , residing at (no #) Cardinal Drive ,-. / , being duly sworn, deposes and says that on the ./~ day of 3. rotary ,1 9 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 Cutchogue ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Public GARY FLANNER OLSEN Notaw Public, State of New York No. 62-295g$00 Qualified In Suffolk County Commissio~ Expires March 30, 19~,~' ,SHORT ENVIRO~fENTkL ASSESSMENT INSTRLTT!ONS! (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr~ation concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Enviror.v, ental Assessment Form is necessar7. (c) If all questions have been answered No it is likely that this project is not significant. (d) Enviror. mental Assessment 1. Will project result in a large physical c~mnge to the oroJect site or physically alter more than lO'acres of land? · · · . . . . · · · Yea ~ No 2. Will there be a major change to any unique or unusual land form found on the site? · . · Yes ~ NO 3. ~ill project alter or have a large effect on an existing body of water? . . . . . · · · Yes ~ Ho 2. Will project have a potentially large impact on gro,mndwater quality? · . · · . · · . · · Yes, ]( No 5. Will project significantly effect drainage flow on adjacent sites? · . · · · · · * · · Yes ~ No 6. Will project affect any threatened or endangered plant or animml species? , , , o · · · * * Yes , X No 7. Will project result in a major adverse effect on air quality? * * * * · · · * · * Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known tq be important to the community? · · · Yes ~( No 9, Will project adversely impact any site or struct- ure cf historic, pre-historic, or paleontological importance or any site designated as a critl~l X environmental area by a local agency? . . . Yes ~.__ No 10. Will project have a major effect on existing or X future recreational opportunlties~ . · , Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · · v · · · Yes X No 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ., ante as a res~tlt of the project's operation? . Yes ~ No 13. Will project have any impact on public health or safety? · , · , , , , ,., · , , Yea X No l&. Will project -Affect the existin~ community by directly causin~ a.~r%owth in permanent popula- tion of more than / p~rcent over a on*wy*ar period or have a /aj~e~ative effect on the character of ch~c_o~uh~t~cr neighborhood?. ,' Yes. X No PREPARER'S SICNATL~E, ~///r////~"'/~~''--~'~ '-TITLE: Gary Flsnner Ol.~en, REPRESE:ITING: ~ ~re~y Simon. Iii ' DATE: J*nu*rv 1985 911178 , Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. TELEPHONE (§16) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 22, 1985 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Application for Gregory Simonelli Location of Property: S/s Grand Avenue, Mattituck Dear Gary: We are not able to file the documents received today in the above matter for the following reasons: (a) $75.00 filing fee is required [eff. !/17/85]; (b) Notice of Disapproval from the Building Inspector after application to and review by him; (c) postmarked certified receipts from the post office. Since the right-of-way falls within the perimeter of the subdivision, the 280-a request should be included in the application to the Planning Board. of the documents for amendments and We are returning all resubmission. Yours very truly, Enclosures cc: Planning Board GERARD P. GOEHRINGER B~/'~Linda Kowalski