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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~.~,__ --'-- ~