HomeMy WebLinkAbout33661150 Sound Dr.
!p~,.e~p~p.~ ~_ NY
JOSEPH & ARLENE LESTINGI #3296' PI.LED.
' '.'. .........
.Joseph & ~lene Lestingi ~3366 3..5.857~
Reduce .... se~ack to 62'.
old Town Board of Appeals
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3366
Application Dated May 3, ]985
TO:
Mr. David E. Kapell
as Agent for MR. AND MRS.
400 Front Street
Greenport, NY 11944
JOSEPH LESTINGI
[Appellant(s)]
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
IX] Request for Variance to the Zoning Ordinance
Article III , Section ]00-32
Request for
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 (from previous Appeal #3296).
Location of Property: 1150 Sound Drive, Greenport, NY; County Tax
Map Parcel No. 1000-33-04-001.
WHEREAS, a public hearing was held and concluded on June 27, 1985,
in the Matter of the Application of JOSEPH LESTINGI, Appeal No. 3366; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
for the record that there has been no opposition entered concerning
this appeal application; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests permission to locate
an accessory garage-structure in the frontyard area with a setback
not closer than 52 feet from the front (south) property line along Sound
Drive and having a setback from the westerly sideyard line at not less
than 17 feet.
2. The parcel in question is located in the "A-40" Residential
and Agricultural Zoning District, contains an area of 37,741 sq.
ft., with lO0' frontage along the north side of Sound Drive, Greenport,
and is identified on the Suffolk County Tax Maps as District lO00,
Section 33, Block 04, Lot 001.
3. The subject premises is presently improved with a new
one-family dwelling, situate 172± feet north of the front property
line along Sound Drive and having minimum sideyard setbacks of 19 feet,
and pool and deck areas having a setback at its nearest point 26± feet
from the bank, as more particularly shown on site plan approved under
Building Permit #13506Z issued October 29, 1984.
4. It is apparent that in locating the principal dwelling
with deck and pool additions at the most northerly end of the
(CONTINUED ON PAGE TWO)
DATED: August 9, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3366
M~tter of JOSEPH.LESTINGI
Decision Rendered July 18,
1985
parcel near the bluff area, that the appellants' difficulties are
self-imposed.
5. Due to the circumst~nces~of the existing construction,
the board agrees that an accessory garage structure with a setback
of not closer than 52 feet from thetfront property line would be
within the character of this area at the westerly end of Sound
Drive.
In considering this appeal, the board has found that this
proposal should be granted as conditionally noted below since:
(1) the relief requested will not be detrimental to adjoining
properties; (2) there will be no substantial change in the
character of this district; (3) the relief requested will not
cause a substantial effect of any increased population density,
(4) the circumstances are unique; (5) the difficulty cannot
be obviated by some method feasible to appellant to pursue
other than variance.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to grant the location of an accessory garage
structure in the frontyard area not closer than 52 feet from the
front (south) property line along Sound Drive, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the structure be located no closer than 15 feet
from the westerly sideyard line (as requested);
2. That the garage structure be of a size not to exceed
26' by 26';
3. That the garage door (s) not face the street line;
4. There be no living, plumbing or other utilities that
would condone habitable or sleeping quarters which is not per-
mitted under the zoning ordinance;
5. That this structure not exceed one-story
6. There be no obtrusive lighting which will
surrounding properties;
in height (18 feet);
be adverse to
7. The structure be located as requested, not closer than
52 feet from the front (road) property line;
8. That in no event shall this accessory structure be permitted
to be converted for living or sleeping quarters.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk
GERARD P. GOEHRINGER, ~:I~'AIRMAN
August /0, 1985
I ECEIVED AND FILED BY
~ SOUTHOLD TOW'IF CT.~.RK
DAT~ ~/~/~ HOUR
Town Clerk, Town of Southnld
NOTICE IS HEREBY GIVEN,
Law and the Code of the Town
hearings will be held by the
the Southold Town Hall, Main
pursuant to Section 267 of the Town
of Southold, the following public
So~thold Town Board of Appeals at
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 f~JOSEPH AND ARLENE LESTINGI,
c/o David Kapell, 400 Front Street,"-G-r~@ort~~ ~ ~ a V~ance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to locate garage in the frontyard 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, 64155 Main Road,
Greenport, NY for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 for permission to use proposed buiqding
"B-Light" Business Zoning District for heavy-equipment
Location of Property: 64155 Main Road, Greenport, NY;
Map Parcel No. 1000-56-04-20.
in this
storage.
County Tax
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 located at the South Side
of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-
107-02-04.
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 reductions in front a~d side yard setbacks. Location
of Property: 2600 Private Road #15 (Takaposha Road), Southold, NY;
County Tax Map Parcel No. 1000-087-06-004.
NOTICE IS HEREBY GIVEN,
Law and the Code of the Town
hearings will be held by the
the Southold Town Hall, Main
pursuant to Section 267 of the Town
of Southold, the following public
SOUTHOLD TOWN BOARD OF APPEALS at
Road, Southold, NY at a Regular Meeting
follows:
commencing at 7:30 p.m. on THURSDAY, JULY 18, 1985, and as
7:30 p.m. JOS~EP~ AN)) A~EN~E LES_____~TI~NG~ - Hearing to be reconvened.
rmission to locate garage in frontyard area. 1150 Sound Drive,
.?reenport.
7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS Variance to the Zoning
Ordinance, Article III, Section lO0-31, Bulk Schedule, for appr6val of
a garage addit.ion to dwelling cohstf~6ted with an insufficient setback
from the northerly sideyard area at premises identified as 500 Teepee
Trail, at "NOnnakoma w~ers," Southold, NY; County Tax Map Parcel
No. 1000-82-02-23.
7:40 p.m. JOHN AND LORRAINE FABRY - Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to construct
deck addition to dwelling with an insufficient setback from existing
highwater mark at premises identified as 3700 Deephole Drive, Matti-
tuck, NY; County Tax Map Parcel No. 1000-115-17-007.
7:45 p.m. ROBERT N. KENNEY Variance to the Zoning Ordinance,
Article III, Section lO0-31, Bulk Schedule, for permission to con-
struct deck addition to dwelling with an insufficient rearyard
setback at premises identified as 2320 Gillette Drive, East Marion,
NY; Marion Manor Subdivision, Filed Map 2038, Lot 11; County Tax
Map Parcel No. 1000-38-02-024.
7:55 p.m.. R.L. BERGEN OIL CO., INC. Variance to the Zoning
Ordinance, Article VI, Section 100-60 (100-80(C)[2]) Hr permission to erect
detached ground sign, the lower edge of which i/§~~Pbposed to be
less than four feet above ground. Premises zoned "C-Light" Indus-
trial and identified as 9275 Main Road, Mattituck, NY; County Tax
Map Parcel No. 1000-122-06-12.
8:00 p.m. SOUTHLAND CORP. (7-11) - Variance to the Zoning Ordinance,
Article XI, Section lO0-119.1(a) for permission to construct fence
in excess of height limitations in frontyard area at premises iden-
tified as 56480 Main Road, Southold, NY; County Tax Map Parcel
No. 1000-62-03-37. (B-1 Business Zoning District).
8:05 p.m. JOHN F. MARTIN - Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to erect radio antenna
tower in excess df height limitations for accessory structures at
premises identified as 815 Old Shipyard Lane, Southold, NY; Founders
Homes~Su6divi§i6n Lots 104 and 105; County Tax Map Parcel No.
1000-64-05-19.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated .
for permit to ~'~O .,~.~-t~..~.c..'~..." ..~..-.~.~4. ~". ;. {~,~YC',,~/¢~.,~.. ~/<~7.,qG~.~;.~' ....... ~
~cation of Property..[.. ~. ~ .... ~ ~..3~.~,t~~ ............ ~/~ ~-~
County Tax~o. 10~ection . .~.~ ...... Block .. ~ .~ ...... ~t ~.~.~ .......
Subdivisio~ ~ F~ed Map No...~ ............ ~t No.. ~. ~. [. ~.
is retu~ed herewith and disapproved on the following grounds~O~ ~.. ~ ~/~..
. o ~... ~ ~~... ~~.a../~.../~.. z~... F~.~ ~.
. z~...~.. P~..~ .... o.~ ..... ~.~. ~ ~:~
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHQLD, N. Y.
APPEAL N O. ~--~/'~
DATE ~'~c~
Joseph & Arlene Lestingi
1, (We) Da~zid..E,..Ea~el!.,...aa..~gen:l; ..... of ...b,0Q..F~oz~J;..,.~.t~.l~.~J; ....................................
Name of Appellant Street and Number
............... G~.ee,~p.o.r~, ........................................................ ~.,.Z, .............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DE.CISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED:8/29/84 FOR: Permit to construct garage
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of
2.~ O...Fif.th.. Av~,... N. Y. C. ..................................... N.~Y., ..................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( X) PERMIT TO BUILD ~ ~ara~e
i. LOCATION OF THE PROPERTY llg.Q..~okJl'kd..D~i.V.~.,...g~.~.e~p.Q~.$.~.~.~.~.t .......... ..A. ...........
Street and Hamlet Zone
.!.000..~33.-..Q.~....0..0..J ............................................... OWNER (S): (q~¢Ph .~. ~.le~e. Zes~tngi
lv~gp No. Lot No.
DATE PURCHASED: · ~/27/~1 ...........
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 100-52
3 TYPE OF APPEAL Appeal is made herewith for
( ]0 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) (~]l*r~ 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
(X) request for a variance
and was made in Appeal No....~2~ ................... Datedl.0/.~/J~../~ ......................................................
permission to e. on~t~u~.t _.~nt'n~ in fYnt~ y~rd REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(x) Ammendment to variance previously granted
is requested for the reason that we would like to reduce the set back from
Sound Drive to~['feet from the approved setback of 90 feet.
Form ZB~ (Continue on other side)
COUNTY OF SUFFOLK
Town of Southold
Zoning Board of Appeals
Department of Planning
360-5206
August 19, 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
Co~mty 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)
Municipal File Number(s)
Joseph & Arlene Lestin~i
3366
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ'71
TELEPHONE (516) 765-1809
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:
xy.]( Variance from the Zoning Code, Article III, Section 100-32
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.:3366 Applicant: Mr. and Mrs. Joseph Lestingi
Location of Affected Land: Sound Drve Greenport
County Tax Map Item No.: 1000- 33-04-001
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Thruway
State or Federally Owned Lar,(
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
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 permission to ln~n~m
garage in front yard
Copies of Town
Dated:
file and related documents e~clpsed for your review.
Sec'~etary, ~oar~ o~ Appeals
Southold Town Board of Appeals
HAIN RI-lAD- STATE RnAD 25 SDUTHI3LD, 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. SAWICKI
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:
Y']Q( Variance from the Zoning Code, Article III, Section 100-32
Variance from Determination of Southold Town Building Inspector
Special ExcepLion, Article , Section
Special Permi [
Appeal No.:3366 Applicant:.Mr..a~d M~. Joseph Lestingi
Location of Affected Land: ~ouno ~rve ~reenport
County Tax Map Item No.: 1000- 33-04-001
Within 500 feet of:
Town or Village Boundary Line
~ Body of Water (Bay, Sound or Estuary)
State or' County Road,
Boundary of Existing or
Parkway, Highway,
Proposed County,
Thruway
State or Federally Owned Lan~
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
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,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to_~e~m±ss±o~ to l~mwm _
garage in front yard
Copies of Town
Dated:
file and related documents e~¢l,osed for your review.
Secretary, Board of Appeals
Southold Town Board Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS 8OARO
MEMBERS
GERARD P. OOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
August 12, 1985
Mr. David E. Kapell
400 Front Street
Greenport, NY 11944
Re: Appeal No. 3366
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
CIiAIRMAN / .
By 'Linda F. Ko~alski
Secretary
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the'
following public.kearings will
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 JOS~ AR/~ENE
~, c/o David Kapoll,
400 Front Street, Greenport,
NY for a Variance to the
Zoning Ordinance, Article IH,
Section 100-32 for .permission
to locate garage in the front-
yard.ar~a 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,
64155 Main Road, Grocnport,
NY for a Varian~ce to the
Zoning Ordinance, Article VI,
Section 100:60 for permission
to use proposed building in
this "B-Light" Business Zon-
ing District for ~eavy-equip.
ment storage. Location of Pro-
perry: 64155 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
VHI, Section 100-80(B) [4] for
permission to use proposed
building in this "B-Light"
Business Zoning District for
heavy-equipment sto~age ax
permitted in a "C-l~hC'
dustrial Zoning District. Loca.,
tion of Property: 64155 Mai~
R~d, Groenport, NY; .Count!
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,
for a Variance to the Zoning
Ordinance, Article 'IH, Sectio~
100-31, Bulk Schedule, fog
approval of insufficient loS.
area and lot width of twQ
parcels in th~s proposed three:
lot subdivision located at thg
South Side of Grand Avenue,
Mattituck, NY; County Tax
Map Parcel No. 1000-107-02-
04.
7:50 p.m. Application of
MARGARET WAGNER, 20
Slabey Avenue, Malveroe, NY
11565 for a Variance to tho
Zoning Ordinance, Article I11,
Section 100-31, and Article Xl,
Section 100-119.2 (C), for
permission to build deck addi~
tion with reduction from the
edge of Corey Creek and
reductions in front and side
yard setbacks. Location of Pro-~
perty: 2600 Private Road #1~
(Takaposha Road), Southold;
NY; County Tax Map Parcel ·
No. 1000-0~7-06-004.
7:55 p.m. Application for
HOWARD HOEY, c/o Samuel
J. Glickman, Esq., 114 Main
S~reet. Greenport, NY for a
Variance to the Zoning Ordin.
ance, Article m, Section 100-
31, Bulk Schedule, for approv-
al of a parcel having insuff't-
cient area and lot width in this
proposal set-off division of
land located at the South Sid~
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 M;
KING, c/o Paul A. Carainit~,
Esq., Box 992, 5outhold, NY
for a Variance to the Zoning
Ordinance, Article 100-30(A)
(C) for permission to enclose
exisiing porch ~nd use as a .
real-estate office in conjunc,'
tion with existing family resi-
deoce at 51155 Main Road,
Southold, NY; County Ta~t
Map Parcel No. 1000-70-01-03'~
8:05 p.m. Application of
JEAN HARFORD, 8 Beach-
way, Port Washington, NY'
11050 for a Variance to thq
Zoning Ordinance, Article HI,
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
.......... ........ ,
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires March ~0, 19 ~
Memol~lrndum from....
Southold Town Board of Appeals
TOWN HALL. SOUTHOLD, N.Y. 11971
765-1809
To:
From:
Date:
6/27/85
Jerry Goehringer
Linda as per conversation with
Dave Kapell at 3:30 p.m.
Dave Kapell cannot attend meeting because
he is in Boston, Mass. and if the board
has questions or anyone in the audience,
whether the board would recess it.
If there are no questions, you may
conclude th6 hearing if desired.
Hardship cesspools in location originally
requested (given in application).
lk
DAVID E. KAPELL
400 Front Street
Greenport, New York 11944
516-477 -9403
REAL ESTATE
ENTERPRISES
CONSULTING Sf=RVICES
Mr. Gerard Goehringer
Chairman
Zoning Board of Appeals
Southold Town Hall
Main Road
South ld, N.Y. 11971
June 22, 1985
Dear Mr. Chairman:
With reference to the variance application of my clients, Joseph
and Arlene Lestingi, which is scheduled for public hearing before your
board at 7:30 P.M. on Thursday June 27, 1985, please be advised that I
will not be able to appear on behalf of my clients as I will be out of
town.
I therefore respectfully request that the hearing be adjourned un-
till the board's next earliest convenience at which time I will be able
to attend.
I apologize for any inconvenience which this sheduling conflict may
cause your agenda.
iruly Yours,
E. Kapell
nt
Southo!d Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Please find enclosed herewith copy of the Legal Notice
as published in the local and official newspapers of the
Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and
Suffolk Weekly Times, Inc. indicating the time and date of
your recent application with the Board of Appeals.
Someone should appear in behalf of the applicant at
the public hearing in the event there are questions from
board members or persons in the audience.
If you have any quest$ons, 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
I
\ i
I
Legal Notices
NO~C~ LS HEREBY GIVEN,
purammt tO ~ 267 of the
To~n I~W and the C~I~ of the
Town of ~entheld, the following
BOAItO OF APPEALS at the
8outbold Town Hal!, Main Road,
~NY at a Regular Meet~
ing~ at 7:30 p.m. on
I~tORSDAY, 4~OLY 18, 1985,
~30 p.n~ JOSEPH ANDAR-
X~. 7:~ P.m. '8OCRATI~ AND
age a~lltlon to dwelling con-
.troef~t with an inmt~elent m~.
heek fzom f~e n~ly ~leya~
a~en at ~ iden~i~ed as
500 ?as~e Trail, at
nn~oma Wntot.,~ ~)~.held, NY;
~ FABRY - Vaziance to
~ ~ O~t~n~, A-~iele
~en ~ eon~t~ deck ad~tion to
dwellin~ wi~ an inm~ent set-
ma~ at p~eminas identified as
NY; Cotmty Tax Map Parcel N&
7:4~ p:m. ROBERT N. l~gN-
100-31, B~k ~hed~le, for ~
tlon to dwelling with an insu~-
cient rea~a~l asf~ack a~ p~em~
inas identified as ~3~0 GiHe~f~
D~ve, ~ Ma~on, I~TY; Marion
~038, Lot 11; County Tax Map
Parcel No. 1000-38-0~-0~4.
?:55 p.n~ ILL. B~.RG~-N Ol~
CO., ]N~. - Yazinnas to t~e Zen.
t~on 10060 (100-80(C)[~]) for
penni~ion to ez~c~ detae, hed
~end ~ ~e lov~ edge
zoned 'C-Light" Industrial an~
ident/fled as ~275 M./n Road,
Mntt/tuek, NY; ~ounty Tax Map
Parcel No. 1000-122-0~-12.
8:00 p.m, ~OUT~.&ND
CORP. (7-11) - Variance to the
Zoning O~in..ce, Article
Sectinn 100-119,1(a) for permi~
sion to eonntruct fence in excess
of height limitations in ?ro_n~_ard
area at prom/sen ident/fi~l
~ Main Road, Southeld, NY;
County Tax ~ Parasl No.
1000-62-03.37, (B-1 Bus/ness
Zoning Di~rict).
8.~ p.m. JOHi~ F. MARTIN.
nones, Arkie IH, ~ 100~2-
f~r per~i.,d,,~ to ~.et mdi0 an.
tonna tower in exeeas of height
tmon at premine~ identified as
815 Old Shipyav/ T~,'--, Senth~
old, NY; Fo*~ Hmnes Sub-
d/v/nion Lo~ 104 and 105;
Coun~ Tax M~ Parodi No.
1000-64-05-19.
Z~mln_~ O~dirmn~e, Article I~,
Section 1O0-~0(BX2] fo~ petrols-
sion to establish and locate
Residential and Agricultural
Zonlw~ D~rict. Locat~oll of
Pr~m~! 11565 C.R. 48 (a/Ma
11565 WickhAm Avenue), Mat-~
fituck, NY~ Comity Tax Map Par-
cai No. 1000-108-01~03.
at asid tlme and pl~e nil persons
~le~irtn~ to be he~rd in ~aeh of
the shove matte~. Written eom.
prior to the ~',clasion of the
hearing in qUastion. Crel. 765~0
1809 or 1802)."
Dated: June 27, 1~. -
BY ORDER OF
BOARD OF APPEAL~
GERARD P. GOEHRINGER
CHAll~dAN
1TJy11-4~8
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ANnA T.~.~A~ of Groenport, in
said County, being duly sworn, says that ha/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper. published st Groenport. in the Town
of Southold. County of Suffolk end State of New
York. and that the Notice of which the annexed is
· printed copy. has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the l~
dayof July 19 R5
Principal Clerk
Sworn to before me this ~ 1
dayof July lO$5 ANNM. ABATE,
-- .~ . ~OT~B'~ PUBLIC, State of New York
/~ ~ ~ Su~lolk County No 4748183,~-~
~~. ~/~lelm Exp~es March 30. 19--?J
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- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
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), or Barbara Rudder.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
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 Mi 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
InstructioB~ 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.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHnLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
June 13, 1985
GERARD P. GOEHRINGER, CHAIRMAN S.E.O.R.A.
CHARLES GRIGOfllS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3366
PROJECT NAME: Joseph Lestingi
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:
DESCRIPTION OF ACTION:
area as revised
LOCATION OF PROJECT:
particularly known as: 1150
MX] Type II [ ] Unlisted [ ]
Permission ~0 locate garag~ in frontyard
Town of Southold, County of Suffolk, more
Sound Drive, Greenport,NY
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 at an elevation of 10 or more feet
above mea~ sea level.
)This is ai$etback variance-for proposed constr, u¢~ion which ~s
~m~.w'ard~.o,f ~ei,~s~ cons~ructio'n. ' '
R FURT~ER"~RF~ILJ~ ~L~E 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.
JUDITII T. TERRY
TOWN CI I~RK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
May 3~ 1985
To:
From:
Southold Tow~ Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3366 application of
Joseph Lestingi by Kapell Real Estate for a variance. Also
included is notification to adjacent property owners, Short
Environmental Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Department;
and building plans.
Southold Town Clerk
~I'OWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.~?L~
DATE t~,~
TO THE ZONING BOARD OF APPEALS~ TOWN OF SOUTHOLD, N. Y.
Joseph & Arlene Les. tzngi
1, (We) Da~zid..E~..Ea~el~,.,...aa..agen.t...._of AOG..Fr. onJ;..,,%tr.e.eJ; .................................
Name 0f Appellant ' Street and Number
............. itG~.eP-JQP.Q~'.t;~ ....................................... ; ................ ~.~., .............. HEREBY A'PPEAL TO
Muni(~ipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUll,DING INSPECTOR ON
APPLICATION DATED:8/29/84 FOR: Permit to construct garage
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
( X)
Name of Applicant for permit
of
2.~ O...Fif.th.. A~a ~.. N, I, C ...................................... N,~Y., ..................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD a ~ara~e
1. LOCATION OF THE PRoPI~RTY llS.O..So~u-kd..Dr. Lv.e.,...gr. ff.eDpg, r.$.,)N..,i~'., .......... Ri ...... ~...
Street and Hamlet Zone
.3,gQ.0..._.33..-...0..~..~.Q.0..1. ............................................... OWNER (S): ~q~Ph .~./Lz'~,e~. ,t, es~Lngi
Map No. Lot No.
DATE PURCHASED: . £J27/~1 ...........
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, Sect/on 100-52
3. TYPE OF APPEAL Appeal is made herewith for
( ]0 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 I~revi0us a~ppeal (has) (~¥r;~Y,a~ beeh rna. de with resped fo this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(X) request for a variance
and was made in Appeal No....529.~ ................... Doted]~Q/.~/f~../-{- ......................................................
perm'k~.~nn 1:o nnn~'k.t-uo, t~. End, mEn f~ f~'nn~ yard REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(x) ~mmendment to variance previously granted
is requested for the reason that we Would like to reduce the set back from
Sound Drive to.feet from the approved setback of 90 .feet.
FO]Tn ZB1
(Continue on other side)
REASON FOR APPEAl. Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces4
sarf~kRb~J~ because the variance which was~approved on January 26, 1985
contains a condition which states that the subject garage must be no
closer than 90 feet to the front lotline. The applicant has' elected,
for environmental reasons, to increase the setback of the rear of the
main structure being built on the lot from 50 feet to 75 feet from the
bluff line in order tq prevent damage to the ~lyff.and to protect the
house from the thremt of erosion. The result of this increased set-
back from the bluff is a reduction of the front yard setback of the
garage to a minimum of ~ feet. It should be noted that the Southold
Town Building Department has encouraged the applicant to increase the
set back from the~bluff~a$ a voluntary step although the current Zon-
ing requirement is 50 feet.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because few properties have frontage
on the water as is the case on the subject property.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CFIARACTER OF THE DISTRICT because the ~se will be in harmony with and
promote the general purposes of the Zoning Ordinance and the use will
not prevent the orderly and reasonable use of adjacent properties and
the health, safety, welfare, comfort and convenience and the order of
the.~Town will not be adversely affected by the applicant's proposed
use and its location. The character of the district is similar to the
applicant's proposed use.
: ) ss -x.i.----------*: ...............
~)UNTY OF Suffolk ) : / .. ' Signature ·
Sworn to this ................. .~ .......................... doy of. ................... I~ O~ ......................
19~
"
JOSEPH ~ TOWNSEND, JR;. ,
NOTN{Y PUBLIC, State~ New
No. 52-93653~5
Qualified I~ Suff~un~
Commission ~pir~ ~30,
BOARD OF~ APPE~AL.S..TOWN OF~SOUTHOLD
Ik tl~e Matter OT the Petition Of
totheBoardofAppealsoftheTownofSouthold
TO: Albert C. Woodcock & Wife
Sal Caiola & Benny Caioal, Jr.
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
torequestY(~) (Other) [circle choice]
an ~mm~.lqRm~nt to variance previouely _=arnted on J~nu.~y 26: lq85.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 1150 Rn~m,~ n~.tv~; ~.~-~pn~t; N_Y_.
3. That the property which is the subject of such Petition is located in the following zoning district:
A-A_~rieulturel-Remid entiel
4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: A modification of
COndition ~7 of previous variance approval reducinf the required ~et-
back from t~e front lot line from qO feet to feet.
$. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article TTT . ~ec'r_Lon 100-~2
[ ] 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 may then and there
examine the same during regular office hours. (5].6) 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 ~he 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.
Pe~ioner Joseph & Arlene Le~tingi
~wners'Names: ~,vt~ w.. ~,.~e11, ~.~ ~gent
Post Office Address
~00 Front Street
_C~-e~e~iD~, N.Y.
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Albert C. Woodcock & Wife 450 East 20 Street, N.Y.C., N.Y.
Sal Caiola & Benny Caiola, Jr. Soundview Avenue, Southold, N.Y.
10009
11971
9L61 ud¥ '(JOg[ tuaozl Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
l~,vid R. Kane/l . residing at /400 Front Street. Greenoort. N.Y.
1 1Q/,/, ' , being duly sworn, deposes and says that on the- .~,3. day
of ~ _t~c~da ,1 e~5 , deponent mailed a true copy of the Notice set forth o~ the re-
verse side hereo~ 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-
(certified)~. re&il.
Sworn to before me this
Notary Public
JOSEpN L TOWNeEN
NOTARy PUBLIr~ ~- ~ D, J~.
N~ ~' ~tate of New Ym'k
nu~, ~' ,~'9366335
Comm~ ~ ~r~ Mar~ 30,
; that said Notices were mailed to each of said persons by
/
(This side does not have to
property owners.)
be completed on
form transmitted
to adjoining
:'~ EO,'~RD OF ^PPE^L$
L::,;,,~ I-~OAD - $. R. 25
S~,,.;.¥HO&~. N.Y. 119,'1
(a) In order to answer =he questions in tb/s sbor~ ~ is is assumed ~hat
~rsp~rer will use curx~ntl7 available lafoxma~lcn concerning ~he proJec~ and =he
ikel7 i~c~s nf ~he action. It is no~ expected t~a~ additional s~udies, research
(c) ~ ~1 ques~l~ ~ve been anted ~o i~ ~ l~el~ ~ ~ proJec~
(d) ~=~ Assess~n=
~o ~he p~Jec~ ai~e or ph~sic~ly ~er
2. W~ ~he~ be a ~ c~e ~o ~ ~que or
3. W~ p~Jec~ ~er ~ ~ a 1~ effec~ ~n -- Tea' X
' ' 7. W~i p~Jec~ ~s~ ~ a ~Jor a~e effec~ ~
. ac~er ~f ~he c~i~ or scenic vim or
~ of ~oric, p~his~oric, or p~leon~ologic~
~o~ce or ~T site desi~=ed as a cri~ic~
env~n~ ~ea ~ a loc~ a~enc~? , , . .-- Tes__X
10. W~ project ~ a M Jot effect on e~=~ or
II. W~l project rest= ~ ~Jor ~f2c proble~ or
12. W~I project reT~arly cause cbJec=io~ble odors,
13. W~! project ~ve ant ~pac= on public he~ or
..."' W~l project Affect =he ex!s=~q co--itT by
d~ec=ly caus=g a ~h ~ pe~nen= pcp~
period ~ ~mve a ~Jcr negative effect on
April 10~ 1985
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re:
Appeal Application of Joseoh & Arlene Lestin~i
Location of Property: ~150-So~nd Drive~ Greenport,
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property i~ the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
ho~ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b'e located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
k ]
May be located within 300 feet of tidal wetlands;
.and there is no bulkhead or concrete wall existing
on the premises.
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items(*) indicate your property does
fall within the jurisdiction of the N.Y.S. D.E.C.]
Sincerely yours,
gnaUure please) %
NOTE: If proposed project falls witQkin D.E.C. jurisdiction,
approval must be received an~ submit~Sd to our office before
your application can be scheduled for a public hearing.
Bldg. 40, SUNY--Room 219
Stony Brook, NV 11794
(516) 751-7900
¢on~erua~Zon Law ~ requ~re~ ~Z~¢e the propo~aZ Z~ b~oru~ State mandated
Very t,,u.~l~/ you~,
DJL:RNT:ez
_SOUT~
COUNTY OF SUFFOL~ I'-~--'-'~
/ (~) COUNTY OF SUFFOLK Jt__~_~ $OUTHOLD J ~
~'? ReaJ Property Tax Serv ce AgencyJ~cE°~ - -I i
c~.~ c~ J~ I000 ~
R~e,fiead, L l, New York J~.~,__ --'-- ~