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HomeMy WebLinkAbout3317500 ~ilkworth & 50 t{ome Pike ~d. ~ ~ttituck, NY ~ Southold 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. 3317 Application Dated TO: Rudolph H. Bruer, Esq. for MR. THOMAS PERILLO Main Road Southold, NY 11971 as Attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February ]4, ]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 100-31 and Bulk Schedule [ ] Request for Upon application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike, Mattituck, NY; District 1000, Section 114, Block 1, Lot 7. WHEREAS, the public hearing on the appeal application of THOMAS PERILLO, Appeal No. 3317, was held on February 14, 1985, and aT1-- testimony from said hearing have been taken into consideration by each board member in making these findings and determination; WHEREAS, at said hearing, there was no opposition given in the record; and WHEREAS, each of the board members have viewed and are familiar with the premises in question and its surrounding area; and WHEREAS, the board made the following findings of fact and determination: l. The property in question is located in the 'A-80" Residential and Agricultural Zoning District; 2. The property in question is identified on the Suffolk County Tax Map as District 1000, Section 114, Block 1, Lot 7, and is shown on survey map dated May 30, 1984 as vacant property of a total of 3.1974 acres; 3. Article III, Section lO0-31, and Bulk Schedule of the Zoning Code, requires a minimum area of 80,000 sq. ft. and minimum lot width of 175 feet for each proposed parcel of land established subsequent to June 10, 1983 (date effectuated); 4. Parcel #1 is proposed to be 1.5323 acres (66,746± sq. ft.) consisting of Part of Lot 19, and 20 of a former 1916 subdivision (CONTINUED ON PAGE TWO) DATED: February 20, Form ZB4 (rev. 12/81) 1 985. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3317 Matter of THOMAS PERILLO Decision Rendered February 14, 1985 of "Point Pleasant," having frontage along Home Pike Road of 144.20± feet and an average lot width of 248.10 feet, with frontage along Darby's Branch of Mattituck Creek of 352± feet (along a tie line). 5. Parcel #2 is proposed to be 1.6651 acres (72,531 sq. ft.) consisting of Lots 17, 18, and part of 19 of the former subdivision of 1916 of "Point Pleasant,'~ and having frontage along Home Pike Road of 80± feet and an average lot width of 150+ feet with frontage along Darby's Branch of Mattituck Creek of 260± feet (see survey dated May 30, 1984). 6. In viewing the area, the board finds: (a) the neighboring parcels to the west to be of a size similar or smaller than that proposed by this application, varying from 44,000 sq. ft. and greater for area, and from 80' lot width and greater; (b) the relief is the minimal available under the circumstances. 7. The right-of-way in question is private and is pending acceptance by this board as to anticipated improvements in accordance with the September 30, 1982 decision of this board under Appeal No. 3025, pursuant to New York Town Law, Section 280-A. In considering this appeal, the board also finds: 1. That the relief requested is minimal; 2. That this proposal is consistent with those parcels generally existing in the surrounding neighborhood; 3. That there will be no effect on population density and thereby will not effect available governmental facilities; 4. That there is no substantial change in the character of this area or a substantial detriment to adjoining properties; 5. That the circumstances are unique; 6. That the relief requested cannot be obviated by another method feasible to appellant other than a variance; 7. That in view of the manner in which the difficulties arose, justice will be served by allowing the variance, as conditionally noted below. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3317 in the Matter of THOMAS PERILLO as shown on survey dated May 30, 1984), BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further lot size reductions (no further division); 2. New York Town Law, Section 280-A, concerning conditions as imposed by this board involving the subject right-of-ways, extending from Westphalia Road and along premises of the applicant, as follows: (a) Commencing from Westphalia Road and extending along the premises in question: [1] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches; (b) Commencing from Silkworth Road and extending along the premises in question: [1] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface Page 3 - Appeal No. 3317 Matter of THOMAS PERILLO Decision Rendered February 14, 1 985 shall be excavated to permit the application of packed blend to a depth of four inches; (c) Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by this board; (d) That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehicles; (e) That this access road be approved, after notification, by the Board of Appeals as to meeting the above requirements. Location of Property: Silkworth Road and Home Pike Road, Mattituck, NY; 1000-114-1-7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOE'~NGER, CH~RMAN February 20, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of 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 Nall~ Main Road, Southold, New York at a Regular Meeting commencing at 7:30 p.m. on THURSDAy, FEBRUARY 14,. 1985: 7:30 p.m. Application for PETER J. AND MARGARET S. TROYANO, c/o R.F. Lark, Esq. Main Road, Cutchogue, NY 11935 for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located on the north side of C.R. 48, Peconic (along land now or formerly McGunnigie) to premises known and identified as District 1000, Section 73, Block 4, Lot 4. 7:40 p.m. Application of JOSEPH AND PATRICtA STIEFER, 5760 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission: (a) to build accessory horse barn in the frontyard area and (b) to erect fencing exceeding four-feet in height in the frontyard area, premises known as 6760 Sound Avenue, Mattituck, NY; District 1000, Section 121, Block 04, Lot 08. 7:45 p.m. Application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article IIZ, Section 100-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike, Mattituck, District 1000, Section 114, Block 1, Lot 7. 7:50 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the required rearyard, at Bayberry Road, Nassau Point, Cutchogue, NY; District lO00, Section !ll, Block 15, Lot 1~6 (part of 1.3). 7~55 p.m. Application for ESTATE OF LOUISE WILSON, c/o Wic~ha~ Wickham & Bresster, P.C.~ Main Road, Mattituck~ NY for a Variance to the Zoning Ordinance~ Article III, Section 100-31 and a Variance to New York Town Law, Section 280-a for approval of access over a proposed p~ivate right-of~way to be located on the north side of Main Road, Mattituck, NY~ premises identified as D~strict 1000, Section 122, Block 6, Lot 19. ?age 2 Legal Not~ce of Hearings Regular Meeting of THURSDA¥~FEB~ 14, 1985 Southold Town Board of Appeals 8:05 pom. Application of .C~TCHOGU~..FREE LIB~ARY~ 27550 Main Road~ Cutchogue, NY for a Variance to the Zoning Ordinance~ Article III, Section lO0~30(B)~ 100-31, and 100-119, for permis~ sion to construct library addition leaving an insufficient rearyard setback at premises known as 27550 Main Road, Cutchogue, NY~ District 1000, Section 109~ Block 06, part of Lots 1 and 2. 8:10 pom. Application of CUTCHDGUE FREE LIBRARY, 27550 Main Road, Cutchogue, NY for a Special Excegtion to the Zoning Ordinance, Article III, Section 100-30[B)[6] for ~ermission to establish library ~se for an addition proposed at premises known as 27550 Main Road, Cutchogue, NY; District 1000, Section 109, Block 06, part of Lots I and 2. The Board persons having comments may also be hearing. of Appeals will at said time and place hear all interests or concerns of the above matter. Written submitted prior ~o or during the subjec~ Dated: January 24, 1985~ BY ORDER OF THE SOUT~OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F~ Kowalski, Secretary (516) 765-1809 (alt. t802) Instructions to newspapers: Please publish once, to wit: THURSDAY, JANUARY 24, 1985, a~d fcrward seven affidavits of p~b!ication to: Board o-~Appeals, Main Road, Southotd, NY llg71~ Thank you. TOWN OF SOUT~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTI'IOLD, N.Y. NOTICE OF DISAPPROVAL ~o~ ~,e~mit ~o ~.~*.:~ ~ .............................................. ¥ . .~_ . :. .~. *. . ~. ~ ' ~cafion of Proper~v :n~use No. Street Ham/et County Tax Map No. 1000 Section ..... '~ '~ ~ .....Block . ~.~ '. ........ ~t .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the foI!owLng grounds..(~' .~....~.. ............................. ~...~ ................. ~.¥~.,c~..,.-,,..~. ~.~ ~..~ ~,~~,,~.. ~..~. ~?:~ RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~3/~ DATE /c~2__ // ..~..~... Name of Appelta,nt Street and Number Southold Municipality .... ~.t~.: ................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR dated December 7, 1984, on APPLICATION FOR PERMIT ~ ?...s.u,~.d..i..v..i..d..e. ............ DATED ....$..ep..t..e..m..b..e..r....4.,...1.9..8..4 ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) Rudolph Bruer a/c Thomas Perillo Name of Applicant for permit of Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (vacant land) 1. LOCATIOIx OF THE PROPERTY .5..~..~.~.S.i~.~...k~...°.r..t~h...~.&~...5.g~..~H..°~.m..e~..`P..i.k~?.:~...M"a~.t``t.~i.~t~.u.~c~ ............ ]].A.~.R..e,s./Agr±. Street Use District on ZOning Map fl720 fl17, 18, 19 & 20 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 III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (t~,s~ (has not) been made with respect to this decision of the Building Inspector or w~th respect to this property. Such appeal was ( ) request ~Jpr a special permit ( ) request fir o variance ond wos made in Appeol No..i .............................. Doted ...................................................................... REASON FOR APPEAL J ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance / ) ~ ts requested for the reason tha~ Appellant wishes to divide the subject property into two (2) parcels. ParcelJ 1 & 2 would have insufficient area, and Parcel 2 would, in addition, have lnsuff~czent width. (Continue on other side)' REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellant would be unable to divide this oversized property to create two lots of comparable size and shape with the surrounding properties in this neighborhood. It should be noted that this property originally comprised four (4) lots (Lots 17, 18, 19 & 20 on "Map of Point PleasantW~ filed 5~17/i6 as Map No. 720) which have merged through zoning changes in the intervening years. 2. The hardship created is UNIQUE and is not shared by aH properties alik~ in the immediate vicinity of this property and in this use district because this property is larger than the other properties in the vicinity (fronting on Home Pike). There are a total of 9 lots along the northerly and easterly side of Home Pike, including the subject property. The average size of the neighboring 8 lots is approximately 1.495 acres~ the two lots being proposed would each be larger than that average° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots created would not be undersized in comparison with the neighboring properties, and each would in fact be larger than 4 of the neighboring 8 lots. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) ///~ f December Sworn to this .............................................. day o ......................................................... x~j~fdo!ph H. Bruer, attorney tar ~ppe ant 84 ~OTA~,Y PU~UC, ~te ~f ~e~v OWN[R FORMER OWNER NEM/ NORMAL FARM Acre Tillable Tillable 2 'Tillable 3 ;Woodle, nd : S'E°mpl'~nd 4 Brushlond '4 H~ouse Plot J Totol STREET VI LLAGE ~S -'z_ x/.o DATE BUILDING CONDITION BELOW ABOVE Velue W Value Per Ac re COMM. CB. MISC. Mkt. Value REMARKS FRONTAGE ON WATER ACR, TYPE OF BUILDING FRONTAGE.ON ROAD DEPTH BtJLKHEAD DOCK Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI. D, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. March 3, 1989 Rudolph H. Bruer, Esq. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No.~31~ - Thomas Perillo Dear Rudy= (Variances) Ioeo-II~-I-~ This letter will confirm that the following action was taken by the Board of Appeals at our Special Meeting held February 9, 1989 concerning the above application= RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo, (1000-114-1-7, BE AND HE~Y ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board's decision, conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. This resolution was unanimously adopted. Copies of this letter are simultaneously being transmitted to the Building Department and Planning Board for their record. Yours very truly, lk CC = Linda Kowalski Board Secretary Building Department Planning Board Southold Town Board of Appeals - .. . . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINITIO, JR. March 3, 1989 Rudolph H. Bruer, Esq. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3317 - Thomas Perillo (Variances) Dear Rudy: This letter will confirm that the following action was taken by the Board of Appeals at our Special Meeting held February 9, 1989 concerning the above application: RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo, (1000-114-1-7, BE AND HEREBY ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board's decision, conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. This resolution was unanimously adopted. Copies of this letter are simultaneously being transmitted to the Building Department and Planning Board for their record. Yours very truly, lk CC: Linda Kowalski Board Secretary Building Department Planning Board Memorandum fromq k .. Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 7/20/88 To: Jerry From: ~ Linda d 'er, ! received a telephone As mentione ear 1 call today from Ray Nine. Mr. Nine indicated he would like to provide an estimate to Thomas Perillo for the right-of-way improvements as conditioned by the ZBA (for 4" instead of 2-4"), but there is no indication as to whether a leeching or drainage basin(s) will be needed. He indicated that the right-of-way slopes downhill toward the creek, but the water runoff would go onto Mr. Perillo's private property. Attached are copies of the Board's 2/85 conditions and survey map. (The improvements also appear to be necessary from Westphalia Road for the entire length of Perillo's Minor Subdivision.) Please let me know whether or not you feel that drainage basins will be necessary, or whether you would prefer to send this over to the Engineers, Sidney-Bowne & Son [at their hourly rate]. The width of the improvements is for a minimum of 15 feet -- perhaps the leveling of the right-of-way could be in such a way to retain all water runoff as might be recommended by Ray Nine to alleviate time delays. ® , [59 LONG ISLAND L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES D[NIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 March 3, 1989 Rudolph H. Bruer, Esq. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3317 - Thomas Perillo (Variances) Dear Rudy: This letter will confirm that the following action was taken by the Board of Appeals at our Special Meeting held February 9, 1989 concerning the above application: RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo, (1000-114-1-7, BE AND HEREBY ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board's decision, conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. This resolution was unanimously adopted. Copies of this letter are simultaneously being transmitted to the Building Department and Planning Board for their record. Yours very truly, lk CC: Linda Kowalski Board Secretary Building Department Planning Board Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 7/20/88 To: Jerry From: Lindaea~rl As mentioned ier, I received a telephone call today from Ray Nine. Mr. Nine indicated he would like to provide an estimate to Thomas Perillo for the right-of-way improvements as conditioned by the ZBA (for 4" instead of 2-4"), but there is no indication as to whether a leeching or drainage basin(s) will be needed. He indicated that the ~i. ght-of-way slopes downhill toward the c~eek, but the water runoff would go onto Mr. Perillo's private property. Attached are copies of the Board's 2/85 conditions and survey map. (The improvements also appear to be necessary from Westphalia Road for the entire length of Perillo's Minor Subdivision.) Please let me know whether or not you feel that drainage basins will be necessary, or whether you would prefer to send this over to the Engineers, Sidney-Bowne & Son [at their hourly rate]. The width of the improvements i§ for a minimum of 15 feet -- perhaps the leveling of the right-of-way could be in such a way to retain all water runoff as might be recommended by Ray Nine to alleviate time delays. Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E, KOPPELMAN March 22, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number John Bertani & Alexander Koke Frank A. Field Realty, Inc. Mr. & Mrs. Robert G. Norkus Gary Doroski Robert A. Celic Estate of Louise Wilson Joseph & Patricia Stiefler Cutchogue Free Library Cutchogue Free Library J~ Mr. Thomas Peritlo ~-~ Mrs. Alice D. Currie 3300 3303 3305 3310 3311 3312 3314 3315 3316 3317 3321 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R, SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 February 25, 1985 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3317 Thomas Perillo 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 GERARD P. GOEHRINGER Secretary Planning Board' Suffolk County Planning Commission J/ Katherine Tuthill- set-off of 11,000 sq. Cutchogue.  /lo/84 ft. located at .. :j~ On a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board, following a field inspection, recommend to the Zoning Board of Appeals ~/'that the application of ~z Katherine Tuthill be denied since the lot to be set-off is undersized. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward It was the consensus of the Board to forward correspondence from the Department of Environmental Conservation to the Board of Appeals for their consideration in reviewing this application. The correspondence states that the Departemnt requests that all created lots not be less than 40,000 sq. ft. and they request porposed use of property. On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board, following ~/ a field inspection, recommend to the Zoning Board of Appeals that the application of Academy Printing for 2 lots on 39,000 sq. ft located at Southold be denied since the lots proposed are undersized. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Ward it was /~ RESOLVED that the Southold Town Planning Board, following~ La field inspection, recommend to the Zoning Board of Appeals /~that the application of Thomas Perillo located at Mattituck, /~for two lots on 3.19 acres, be approved since the creation of V)two lots from four, as previously subdivided, lessens the --/non-conformance of the.parcels.. ' ~/ ~ Vote of the Board. Ayes. Orlowski, Mullen, Latham, War~,/ Mr. George Wetmore, Mr. Irving Price, esq. and Doudlas P. Haerlin were present to discuss the site plan for"Tedaldi Properties". This site plan is to be known as "Tide Mark" and is located at Greenport, it proposes 47 units on North Road. Mr. Haerlin who prepared the plan explaned that the buildings will be set-back brom the road 50' and I ½ parking spaces had been provided for each unit. Mr. Wetmore stated that there is Village of Greenport water and sewer on the ~te so he is allowed 6 units per acre under the ordinance. Mr. Mullen noted that the proposal consists of 24 townhouses and 24 flats and he questioned what a flat was. Mr. Haerlin stated that a townhouse was a 2story unit and a flat was a 1-story unit. Mr. Ward questioned the bluff in the area, and Mr. Wetmore explaned that there ~ ZONING BOARD OF APPEALS TOWN HALL MAIN ROAD, S.R. 25 SOUTHOLD, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro. visions of the Code of the Town of Southold, the follow- ing public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, FEBRUARY 14, 1985: 7:30 p.m. Application for PETER J. AND MARGARET S. TROYANO, c/o R.F. Lark, Esq. Main Road, Cutchogue, NY 11935 for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located on the north side of C.R. 48, Peconic (along land now or formerly McGunnigle) to premises known and identi- fied as District 1000, Section 73, Block 4, Lot 4. 7:40 p.m. Application of JOSEPH AND PATRICIA STIEFER, 6760 Sound Av- enue, Mattitnck, NY .for a Variance to the Zoning Ordin- ance, Article llI, Section 100- 32 for permission: (a) to build accessory horse~ barn in the frontyard area and (b) to erect fencing exceeding four-feet in height in the frontyard area, premises known as 6760 Sound Avenue, Mattituck, NY; Dis- trict 1000, Section 121, Block 04, Lot 08. !h:45 p.m. Application for MAS PERILLO, c/o Ru- H. Bruer, Esq., Main , Southold, NY for a ance to the Zoning Ordin- , Article III, Section 100- or approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike, Mattituck, NY; District 1000,' Section 114, Block 1, Lot 7. '~ 7:50 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to locate inground pool in an area other than the required rearyard, at Bayberry Road, Nassau Point, Cutchogue, NY; District 1000, Section 111, Block 15, Lot 1.6 (part of 1.3). 7:55 p.m. Application for ESTATE OF LOUISE WIL- SON, c/o Wickham, Wickham ...... ~ o e- Main Road. 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-Watch- man once each week for ....................... ../. .............. weeks successive[y, commencing on the .................................... day of ~ ~,.L ~ 19 ........ ....... ...::.:: ...... .. ..... Sworn to before me this ................................ day of ............. ; .c.v.~.~.~ .............. , 19 ........ Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19~/~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Code of the Town of Seuthoid, the following public hearings will be held by the Seuthold Tovfn Board of Appeals at the Seuthold Town Hall, Main Road, Seuthold, New York at a Regular Meeting commencing at 7:30 p.m: on THURSDAY, FEB- RUARY 14, 1985: 7:30 p.m. Application for PETER J. AND MARGARET S. TROYANO, c/o R.F. Lark, Esq. Main Road, Cutchogue, NY 11935 for a Variance to New York Town Law, Section 280-a for approval of access over a pri- rate right-of-way located on the north side of C.R. 48, Peconic (along land now or formerly McGunnigle) to premises known and identified as District 1000, Section 73, Block 4, Lot 4. 7:40 p.m. Application of JOSEPH AND PATRICIA STIEFER, 6760 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permis- sion: (a) to build accessory horse barn in the frontyard area and (b) to erect fencing exceeding four-feet in height in the fron- tyard area, premises known as 6760 Sound Avenue, Mattituck, NY; District 1000, Section 121, Block 04, Lot 08. 7:45 p.m. Application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq., Main Road, Seuthold, NY for a Vari- ance to the Zoning Ordinance, Article IR, Section 100-31 for ap- proval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike, Mattituck, NY; District 1000, Section 114, Block 1, Lot 7. 7:50 p.m. Application for AN- THONY pAtJOTO, c/o Swim King Poo]~ Route 25A, Rocky Point, N' 778, for a Variance to the Zon.-.4 Ordinance, Article HI, Section 100-32 for permission 7:55 p.m. Application for ES- CUTCHOGUE FREE IA- THE SOUTHOLD TOWN BOARD By Linda F. Kowalski, STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ON~ weeks successively, commencing on the 24 dayof January 19 85 Principal Clerk Sworn to before ms this dayof ,T~m~ ry New York 19 85 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI~AD- STATE RI~AD ~5 ~BOUTI-tI~LD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at theSouthold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Copies to the following 1/22/85: Richard F. Lark, Esq. for Mr. and Mrs. Peter Troyano Rudolph H. Bruer, Esq. for Thomas Perillo Mr. and Mrs. Joseph Stiefer, Box 1167, Mattituck, NY Swim King Pools, Inc. for Anthony Pagoto Wickham, Wickham and Bressler, P.C. for Estate Cutchogue Free Library Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board,and ZBA Bulletin Individual ZBA files Building Administrator V. Lessard 11952 of Louise Wi]son Board (ZBA office) J UDITIt T. TERRY TOWN CLERK REGIS I'RAR O1' VITAL SI ,\l[sFIcS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 11, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1984 To: Southold Town Zoning Board of Appeals From: Elizabeth A. Neville, Deputy Town Clerk Transmitted herewith is Zoning Appeal No. 3317 application of Thomas Perillo for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. , ~ Deputy Town Clerk Southold, N.Y. 11971 (516) 765-1938 September .11, 1984 Mr. Rudolph Bruer Edson and Bruer Main Road Southold, NY 11971 Re: Proposed minor subdivision Thomas Perillo Dear Mr. Bruer: The following action was taken by the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board, following a field inspection, recommend to the Zoning Board of Appeals that the application of Thomas Perillo located at Mattituck be approved since the creation of two lots from fou~ as previously subdivide~ lessens the non-conformance of the parcels. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Zoning Board of Appeals P L~ARD Southold, N.Y. 11971 (516) 765-1938 September 11, 1984 Mr. Rudolph Bruer Edson and Bruer Main Road Southold, NY 11971 Re: Proposed minor subdivision Thomas Perillo Dear Mr. Bruer: The following action was taken by the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board, following a field inspection, recommend to the Zoning Board of Appeals that the application of Thomas Perillo located at Mattituck be approved since the creation of two lots from fou~ as previously subdivide~ lessens the non-conformance of the parcels. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Zoning Board of Appeals TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ / '7 DATE ~ x, .,~,.,..~.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Thomas Perillo f c/o Rudoll~h H. Bruer~ Main Roadx 1, (We) .................................................... o ........................................................................ Name of Appellant Street and Number Southold .... .N..:.Y..t ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR dated December 7, 1984, on APPLICATION FOR PERMIT ]gi3, .t..o...,s.,u_b.d..i.y..i..d..e. ............ DATED ....$.~,o.t:.~.~b.~.L..4,...~9.1~.4 ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) Rudolph Bruer a/c Thomas Perillo Nome of Applicant for permit of Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (vacant land) 1. LOCATION OF THE PROPERTY 5~0~0~?:~k~°~r~t~h~&~5~9~.H~.~m~e~P~i~k~e~,~M~a~t~t~i~t~u~c~k~ ............ ~.A.~.R..e.s./Agri. Street Use District on Zoning Map 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 III, Segtion 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 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 a special permit ( ) request for a variance end was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appellant wishes to divide the subject property into two (2) parcels. Parcels 1 & 2 would have insufficient area, and Parcel 2 would, in addition, have insufficient width. form Z]B! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ Appellant would be unable to divide this oversized property to create two lots of comparable size and shape with the surrounding properties in this neighborhood. It should be noted that this property originally comprised four (4) lots (Lots 17, 18, 19 & 20 on "Map of Point Pleasant", filed 5/17/16 as Map No. 720) which have merged through zoning changes in the intervening years. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is larger than the other properties in the vicinity (fronting on Home Pike). There are a total of 9 lots along the northerly and easterly side of Home Pike, including the subject property. The average size of the neighboring 8 lots is approximately 1.495 acres, the two lots being proposed would each be larger than that average. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots created would not be undereized in comparison with the neighboring properties, and each would in fact be larger than 4 of the neighboring 8 lots. STATE OF NEW YORK COUNTY OF SUFFOLK Sworn to this ..............................................day of ........................................................ 19 ) ss ./.. ) ~ ,/I / ~gnature Rudolph H. Bruer, attorney for Appellant //~ December 84 //'Notary Public ll~Al~/ DP, N~ FOSTER HOTARY PUBLIC, State of New Yod( No. 524655242, Suffolk County Commission ~pires MBrch 30, t9 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of THOMAS PERILLO to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ) 1. Tha. Lt.iL.LL~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thatthe property whichisthesubiectofthe Petitionislocated adjacentto your property andisdes- cribed~follows: North by: land of Meskourts; East by: Mattituek Creek: South by: Silkworth Road & land of Woodburn; West by: Home Pike. The oro~ertv is situate at Mattituck, Town of Southold, New York. 3. Thatthe property whichisthesubjectofsuch Petitionislocatedinthefollowingzoningdistrict: "A" - Residential/Agricultural 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: A variance oermitting a division of the sublect property, creatinK two (2) parcels, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 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. Petiti ruer, atto.ney for Petitioner Post Office Address Main Road~ P.O. Box 1466 Southold, New York 11971 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES~S Mr. Peter Meskouris & ors. Mr. and Mrs, 3ames Woodburn 69-08 Ditmar8 Blvd. Jackson Hieghts, N.Y. 11372 60 78th Street Brooklyn, New York 11209 a: F- ,-41 ST COUNTY OF SUFFOLK ) ss.: Mary Diana Foster , residing at (Not/) McCarm Lane, Greenport, NY 11944 , being duly sworn, deposes and says that on the //-~aC~ day of December ,19 84 , 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, N.Y. (certified) (~J~:m~ mail. Sworn to before me this ' // day of/De~ember Notary Puh' HELEN M. GATES ~ Public, State of New Yol~ No. 4725686 Qualified in Suffolk County ,~/ ~ Exl~ir~ March ; that said Notices were mailed to each of said persons by aha Foster QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.Ao 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 q0, S.U.N.Y., Stony Brook, NY 11794, (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. Waterfront without bulkheading [ ] [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100~ in length 3. Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental a rea: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level [ ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT'be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. 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 photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/83lk .]~< SiiORT ~-~z~Rn' ,r:, z ~.,,.v- ...... ,, ,,~. ASSESSML:HI ~NSTRU~CTIOHS: -- (o) ~n o~dc~ ~o answer ~he questions in ~h~s sho~ EAF $~ ~s'assum~d Lhat the preparer wili use cur~entiy avoilobie ~nformation concerning project and the llkeiy impacts oF ~he action. It is not expected that odditiono1 sLudies, ~esearch o~ other ~nves¢igations will be undertaken. (b) IF any question has been ons~ered Yes ~he p~o)ec{ may be sign~icont and o compIeted Environmental Assessment Fozm is necessary. (c) IF oil questions have been answered No ~t is likely that this projecl is not slgniP'icant, . -.. (d) Environmental Assessment .... I. ¥~ill project result in o large physical change · , " ¢o the projec~ site br physically alter more ~han 10 acres of -land? 'YesX No 2. Will there'be o major change ~o any unique or " -unusual land form found on the site? .......... Yes. X N~ 3. ¥/ill projec~ alier or have o large' effect' on -' existing body of waler? ....................... _ Yp~ x No 4. Will project have a po~en~ially large impact , . on groundwater quality? ........................ Yes'X'No flow on adjacent site~?....,e~- :-' .... :' 3':: ' ' ............ ~ ... Yes x NQ 6. %'/ill projec~ affect ~ny ~hrea~aned or d ~ cd pl ~ ~ 1 p i ? Ye X' No , 7. ¥/ili pro3ec¢ result ~n/o major adverse on air quali~y? ' ' Yes X No z . 8. %'/ill project have a major effect on visual ' character of ~he communi¢~ or sccnic vie¥1s or vis,as known %o:be important ¢o ~he community?.. 'Yes X'No ~. ¥/ill project a'dverse!>' impact any site or .. . 5~ruc~ure of historic, prehistoric or paleontological importance or any si~e dcsignotcd as o critical environmento! area by o local agency? ............ ~;..--.-;..v.-.-.~.-~..~- Yes X No 10. ¥lill project hove o major effect on existing " or future rccrcolionol opportunities?. ~ ....... Yes X 11. Y/ill project result in ·major irefific problcms .... o~ cous.e o major effec~ to ex-isiing tronsporialion sysiems? ....................... Yes X No 12. ¥~ill pr6ject .regularly cause objectionable .~ . odozs, noise,' glare, vSbrotion, or e!ectricol ~ ~ dialurbonce aa o result of ihe project's opcrolion? ' '- --' Ye X No 13. %'/ill'pro~eci have any impact on public health or.safety? .................................... Yes X No 1~. %/i11' p~o j~ect a r[ ec t th e exi s ti n9 community by. -- '. directly c~usinO o growth in permonenl population of more ilion 5 perccg[ over o one year period or hove o major negative elf ecl .'-' on the charocte~ 7F t.h7 community or " neighborhood? ............................. Yes X No i5. Is [here public controversy concerning the ~roject? ...................................... Yes X No PREPARER'S SIGHATURE REPP. ESEHT I NG Thomas Perillo DATE 12/,'//84 no~v Or fOrr~er/y Peter /Hesk°Ur/$ et el :'1 LOCAT~N MA.__P I'o! i? I. TOTAL AREA = S.1974 ACRES ~-·= MONUMENT S. SUFFOLK COUNTY TAX MAP D]~rmoo SECT 119 BLK-OJ-LOT o? 4. LOT NOS. REFER TO "MAPOF POINT PLEASANT'~ AS FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY, SOUTNOLD BK. 5~ P6. II; ON MAY 17~ 1916 AS MAP NO. ?20 MiNoR' S~BbIVISiON -- -: ¢ ' ' '" THoMAs PERILLO ' ~ ' - ' '~ .-' ::~.:~ AT MATTCFUCK' 'TOW1M OF SOUTHOLD