Loading...
HomeMy WebLinkAbout3296South61d Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3296 Application Dated October 4, 1984 (Public Hearings TO: Mr. David E. Kapell as Agent for MR. AND MRS. JOSEPH LESTINGI 400 Front Street Greenport, NY 11944 12/13/84, 1/24/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 26, ]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 ]00-32 [ ] Request for Upon application for JOSEPH AND ARLENE LESTINGI, c/o David Kapell, 400 Front Street, Greenport, NY for a Varfance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage in the frontyard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. The board made the following findings and determination: WHEREAS, public hearings on this appeal application were held, initially December 13, 1984, and thence concluded January 24, 1985 the Matter of Appeal No. 3296 for JOSEPH AND ARLENE LESTINGI; and in WHEREAS, at said hearings, there was no opposition in relation to the relief requested; 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 deter- mination: 1. The property in question is located in the "A" Residential and Agricultural Zoning District and contains an area of 37,741 sq. ft., with 100' frontage along the north side of Sound Drive; 2. Article III, Section 100-32 of the Zoning Ordinance requires all accessory buildings to be located in the rearyard area; 3. The subject premises is improved with a new one-family dwelling, situate 172± feet north of the front property line 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, and more particularly shown on site plan submitted November 28, 1984 for consideration under this appeal application and as approved under Building Permit #13506Z issued October 29, 1984. 4. It is the appellants' request for a variance to allow (CONTINUED ON PAGE TWO) DATED: February ll, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3296 Matter of JOSEPH AND ARLENE LESTINGI Decision Rendered January 26, 1985 relief to permit the location of a structure approximately 40' by 26' in size for garage purposes at a setback of approximately 94' from the front line along Sound Drive, and having a setback from the westerly sideyard at approximately 17 feet. In between the existing dwelling structure and the proposed garage location will be an absorption field. 5. It is apparent that although the appellants' practical difficulties are self-imposed, principal structures are normally situated much closer to the front property line than exists, and the members of this board agree that relief should be granted accordingly. 6. The subject premises is waterfront, and it is not unusual for accessory garage structures to be preferred in the frontyard area. In considering this appeal, the board has found that this proposal is not out of character with those parcels of similar circumstances and existing in the surrounding area, and it has determined accordingly that: (1) the relief requested will not adversely effect population density or available governmental facilities; (2) there is no substantial change in the neighbor- hood; (3) no substantial detriment to adjoining properties will be created; (4) that the circumstances of this properties are unique thereby lending itself to granting of the relief as requested and noted below. NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to grant the relief requested under Appeal No. 3313 for permission to locate an accessory building for garage purposes in the frontyard area approximately 94 feet from the front property line and 15 feet from the westerly side property line, SUBJECT lO 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 condon habitable or sleeping quarters; 5. That this structure not exceed one-story in height (18 feet); 6. There be no obstrusive lighting which will be adverse to surround- ing property owners. 7. That the structure be located as requested and not closer than 90 feet from the front (road) property line. Location of Property: ll50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Doyen and Sawicki were absent.) This resolution was ,,.:.~m~..rl~ :~,fo~ p. G 0 EH R ~~C~ GERARD [NGER, IRMAN February ll, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, DECEMBER 13, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of K & L PROPERTIES, C/o R.H.:~Bruer,-Esq., Main Road, Southold, NY for a Variance for approval of access, New~' York Town Law, Section 280-A over a private right-of-way located at the east side of Indian Neck Lane, Peconic, NY, to premises known as County Tax Map Parcel No. 1000-86-05-11. ~ 7:35 p.m. Application of 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 accessory garage in the frontyard area at premises, ll50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001..j 7:40 p.m. Application of DESPINA AND PETE MARKOPOULOS, 222-08 43d Avenue, Bayside, NY 11361, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with insufficient sideyard setbacks at premises, Sound Beach Drive, Mattituck, NY; Cpt. Kidd Ests. Map 1672, Lot 31; County Tax Map Parcel No. 1000-99-01-24. 7:50 p.m. Application of JOHN BERTANI, Colonial Road, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-62(B) for permission to establish building containing more than one retail store, offices, or similar establishments in this "B-I" General Business Zoning District, at premises located on the north side of C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-02-20; containing 31,024 sq. ft. in area. 7:55 p.m. Application for ARNOLD AND MARY BEHRER, c/o AWJ Construc- tion Corp., Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory garage in the frontyard area at premises, 5730 Nassau Point Road (a]so~ fronting Wunneweta Road), Cutchogue, NY; Nassau Point Subdivision, Lot 141 and part of 142; County Tax Map Parcel No. lO00- 111-12-2.1. 8:00 p.m. Application for MARGARETHE D. CLEMPNER, c/o Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 24, 1985, commencing at 7:30 p.m. and as follows: .~ 7:35 p.m. JOSEPH AND ARLENE LESTINGI, ~ew~ Y~Y lO~/~o--~--a~ar i-'--~nce t o---~t~e Zon~----~' ~g Ordinance, Article III, Se~-t-~6n 100-32 for permission to locate accessory garage in the frontyard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:40 p.m. HENRY J. SMITH (R. Bruer, Esq.) for a Variance Section 106-20 and Article VIII, insufficient width (frontage) land located at the East Side Carroll Avenue, Peconic, NY; & SON, INC., Main Road, Southold, NY to the Zoning Ordinance, Article II, Section 100-81, for approval of in this proposed set-off division of of Peconic Lane and West Side of County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREN KRUG, 200 Horton Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to attach accessory garage to dwelling for expansion of living area, thereby leaving an insufficient rearyard setback, at 200 Horton Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-1-12. 7:55 p.m. GARY DOROSKI, 425 Monsell Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage building in an area other than the required rearyard at 425 Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-8-27, Norwald Subdivision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, Article III, Sections 100-31 and construction of a two-family house the northerly half of the identified as County Tax Map 9; Greenport Driving Park lO0-30(A)[1] for approval of the (and retain a one-family dwelling on premises (Lots 60 and 59); premises Parcel Nos. 1000-48-03-20, 19, 8 and Subdivision Lots 60, 59, 26 and 28. 8:10 p.m. CELIC REALTORS INC., Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to build addition with an insufficient rearyard setback from the easterly property line, premises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel Page 2 - Regular Meeting for 1/24/85 Legal Notice of Hearings Southold Town Board of Appeals No. 1000-143-3-1. 8:20 p.m. ADELE V. DECKINGER, Box 960, Jamaica, NY 11431, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground swimmingpool and accessory building in the frontyard area at premises known as 3805 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-20. 8:30 p.m. SERGE J. DOYEN, Box 263, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side of Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-6-1; containing a total area of 3± acres. Said Board of Appeals will at same time and place hear all persons having interests or concerns of such matters~ .~Written comments may also.be submitted prior to or during the subject hear- ing. Dated: January 4, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary (~16) 765-1809 (alt. 1802) Instructions to newspapers: Please publish once, to wit: Thursday, January 10, 1985, and forward .8 affidavits of publication by 1/15/85 to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 7~ 7~A,'J~-,< / Y 19 ?7,/ Date .~..~. .................... , ..... PLEASE TAKE NOTICE that your application, dated ....~..O~..... ~.~ ............. 19. ~o~...~. for permit to CO.~;Yt'6.°.c.~.//.~4~7. .~. ~ (.~xOC,'V'(,=-/7. . ~-,K;7/X~.~.~. ......... at ,/~ ~ / ~ ~ ~ Location of Property . .[..~. ~ .... ~~..~.t~(~ ............ ~/~. ~ ~.~ Hou~ No. St~et / Ham/et County T~ ~o. 10~ection .. ~.~ .... ~Block .. ~ .~ ...... Lot ~.~.~ ....... Subdi~sio~5~ ~ Filed Map No..~ ............... ~t No.. ~.~. ~. f. ~.. is returned herewith and disapproved on the following grounds~O~ ~e~.. ~O/~.. . ~ ~.. ~.~... ~~.~.../~...z ~.. z~... ~. ~ ~. . ~... ~.. P~..~ .... o~ ..... ~. ~. ~ ~~ / ~uilding Inspect~ .... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE...0~....C..o..b .e .~.. ?..,....1..9..8.6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Joseph Lestin~i & A~Lene LestLngi ], (We).DavJ. ct.E...Kap~Ll...aa.~g~u~ ............. of ..4OO..F. ron~..S£res£ ................... ~ ....................... Name of Appellant Street and Number ................ Gx.ea~o~.t. .................................................................... N.Y ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:B/29/86, FOR: Per, it to conCruct a garage WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ........................ Joaeph. Le~tt net &.Arl~ll~. L~,$.tingi Name of Applicant for permit of ......................... .2..t..0...~.t. ~ ~.. ~y~ ,.... ~.,L.q., ................................ .~j., ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD a garage. 1. LOCATION OF THE PROPERTY .tll50..$ound..Dz.£w,,..~z~o~.rJ:.,..J[..~ ........................ .A ........ Street and Hamlet Zone ..... ,1, .0. .0. Q -. 0. ~. .3. .-. Q ./t .-. Q .0. }, .............................................. OWNER (S): . ~l. oAe,o~ .l..~?_t, tjiF~ .~. Ar~.el~e. ~estingi Mop No. Lot No. DATE PURCHASED: .8!?.7/81 ................ 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 %~]J~,). 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 Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A' previous appeal (hjl~(has not) been made with respect to this decision of the Building Inspector or w'ith respect to this property. Such oppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ) is requested for the reason that of our property. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to build a garage in the front yard Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary'HARDSHiP because contructiou o£ a garage in the rear yard~ as required by the ordinance, would obstruct the view that the applicant enjoys of Long land Sound, In as much as the value of the subject property isa direct func~ tion of its exposure to the Water, strict application o£ the 'orainance would deprive the applicant of his enjoyment of the preperty and would result in a financial loss as well,, 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 '/Jew properties have t-:rontage 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 CHARACTER OF THE DISTRICT because the use will be in harmony with and promotes the seneral purposes of the Zoning Ordinance and the use will not prevent the orderly and reasonable use of adjacent properties and the healths safety~ we~ /are~ comfort and convenience and the order of the Town will not be adversely affected by the applicant*s proposed use and its locatiOno The character of the district is similar to the applicant% proposed use, .. ) ss /_.. ........... Signature I COUNTY OF Suf£olk ) . Sworn to this ................. ./tl'h ....................... day of.....0ctober ............... ...................... 1984 Property Tox Service Agency[~~ --- I 0~ Real Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LIEE: E. KoPPeLMAN February 15, 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 Comm~ssion 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 Marie J. Patterson Joseph Grasso / Joseph & Arlene Lestingi John Bertani & Alexander Koke Adele V. Deckinger Henry J. Smith & Son, Inc. 3277 3286 3296~/ 3300 3307 3309 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11g'71 TELEPHONE (516) 765-1809 February ll, 1985 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3296 - Joseph and Arlene Lestingi ~ 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 CHAIRMAN By Linda F. Kowalski Secretary Page~12A. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town l~w and the Provisions of the ~.,'~t~Code of the Town of Southal~ the followin~ public hearmO w~ be he~l by the Soutl~ Town Board of ~ at the Town Hall, Main Road, Southold, NY att a Regular M~ting on THUI~DA¥; JA~. UARY 24,1~, commen~ at (and M~rlene Drive), M~ttituek, NY; County Tax ~ Parcel No. · 1000-143-3-1. &~O P;m. A,I)ELE V, ;DI~- CKINGER, Box 960, J.m.!ca, NY 11431, for a Variance to the Zon!n~ Or~i~.nce, Article ~eetion 10032 for permi~ion to locate inground swlmmi.~oal and acce~ory building in the frontyard area at premises known as 3805 Soundview Ay- Tax Map Parcel No. 1000-94-]- 20. 8:~0 p.m. SERGE J. DOYEN,  p-m. and ns ~ L~!, 210 l~Fth~ 06$90 for a Varinnce to the Zon. Avenue, New york, NY i0010J ing Ordinance, Article HI, Ssa- . f~r a Varbmce tot~eZoning Or~ ti~ 100~1, Bulk Schedule, for ~ dimmce, Article HI, Ssefion 100. ~. ~oval of inst~cient area and 52 for permission to locate accse- ~ width of two parcelsin a proPozed sery garage in the frontyard ams ~ set-off divisioa d land lOCatod at at prorates. 1150 Sound Drive, ~ the South Side ,of Fox Arsons, ,~_a~_lNo. 1000*33-04-001. ] Map Parcel NO. 1000:6-6-1; con. 7:40 p.m. ]~'Jqlt¥ J. 8~u-ltt~r t~it~i~_~ atotal ar~aof3 + acres. · 8ON, INC. Main Ro~d, South- old, NY ~P~ Bruer, Esq.) for a ~; ~ H, ~ 1~ ~ ~de ~, ~ 1~1, ~ a~v~ ~t (~n~) ~ ~ ~ · ~ of ~d' l~ at ~e W~ ~ of C~H A~ue, P~e, ~; ~ ~l ~. 1~19. 1~1 ~r ~i~ ~ a~& ~on of~ ~, ~by I~ ~ ~ci~t ~, at ~ ~n:~ gu~ ~;~T~ ~ No. ~1~1-12. 4~ ~ ~, Cu~o~, ~ ~r a V~ ~ at 425 ~ ~ No. 1~, ~.' 31 ~ 35-~~ '~ ~ .... ' ' ~, ~ f~ V~ ~ ~e ~o~ 1~1 3~)[1] ~r app~ of~ ~n- s~on ~ a ~fomily (~d ~ a on~F~mily dwell- i~ on ~e soberly ~ of ~e ~ (~ ~ ~d 59); ~ iden~fi~ ~ Co~ Map P~l N~. 1~, 19, 8 ~d 9; G~ P~k Su~i~ ~ ~, ~d ~. 8:10 p,m. ROBOT CE~C, ~x 1~7, ~t~tu~, ~ for a V~ ~ ~e ~g ~i~.~, ~icle ~, ~on 1~71 for ~on ~ ~k ~m ~Y p~y ~e, i~ ~ 102~ Iwior to ce during the subj~t Dated: January 4, 1985. BY ORDER OF BOARD OF APPEALS GERARD p. GOEHR1NGER CHAIRMAN By Un~ F. ~ow~k~ (516) 765-1809 (alt. 1802) 1TJ10-4761 STATE OF NEW YORK ) ! 55: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ONE weeks successively, commencing on the l0 dayof January 1985 Principal Clerk Sworn to before me this ] (] dsyof January 19 85 ZONING BOAP. D ~F APPEALS TOWN HALL ~ ROAD- S~lt. 25 NOTI~ iS mY OlV. tm~mlam to Section 267 of be held by ~he'Souibold Town ~ ~ Apes at ~e To~ ~, M~ ~, ~u~old, ~ at a Re~ M~g ~URSDAY, J~UARY 1~, ~m~g at 7:~ p.m. ~d ~ follows: p.m. A~ENE LES~O1, 210 Avenue, N~ York, NY for a V~ to ~e ~ning , ~din~, A.icle HI, ~ion 1~-32 for ~ission to locate acces~ g~age ~ ~e ~nt-~ y~ ~a st ~emises, ~d ~ve. ~n~., ~;[ ~un~ Tax Map P~el N~ 7:~ p.m. ~RYS. SMffH & SON. ~., ~ Ro~, ~u~old, ~ ~. Bmr, ~q.) for a V~n~ to the ~ning ~ance, ~cle 11, ~ion 1~-20 ~d ~icle ~H, tion 1~-81, ~r app~val of insu~cient ~d~ (~ntage) ~is pm~sed s~ff division ofl~d I~ated at the ~t Side of Pe~nic ~e ~d West Sid of C~II Avenue, P~onic, NY; ~unty T~ Map P~cel No. 1~-74-3-19. 7:~ p.m. LAUREH KRUG~ 2~ Ho.on Road, Cutchogue, NY for a V~an~ to the ~ning ~dinan~, ~icle IH. ~ion 1~-31 for permission to a~ach a~o~ garage to dwelling for expansion of living area, ~e~ lea~g an insurgent ~d s~back, at 2~ Ho.on R~, Cut- chogue, NY; ~anty T~ Map P~cel No. 1~-I~-1.12. 7:55 p.m. GARY DOROSKI, 4~ Mon~ll L~e, Cutchogue, NY for a V~ce to the ~ning Ordinan~, ~icle III, S~ion 1~-32 for ~ission~ to locate a~sso~ storage buHd~g in ~ ~a ~her th~ the required re~d at 425 Monsell ~e, Cutchogue, NY; County Tax Map Parcel No. 1~-97-8-27, No~ald Subdi- ~sion Map 1275, ~ts 31 to 35 inclusive. 8:~ p.m. ~HK ~ REAL~ ~C., ~x ~1, ~een~, NY for Variances to the ~n~g ~dinance, ~icle III, ~ions 1~-31~d I~-~A)[I] for app~v~ · e ~nstm~ion of a ~o- family house (~d reta~ a one-f~ily dwell~g on the no~herly half of ~e premis~ (lots ~ ~d 59); premises identified as County Tax ~cel Nos. 1~-48-03-20, 8 and 9; ~n~. Driving Park Subdivision ~ts ~, 59, 26 ~d'28. 8:10 p.m. ROBERT A. CE- LIC; ~x 1247, Ma~ituck, for a V~ance to the ~n~, A~icle VII, SeXton 1~-71 for pe~issiofi to build addition with an iusu~cient re~d setback f~m the easterly pmp~ line, pre- mises ident~ed as 102~ Main ~ad (~d Marlene D~ve), Ma~ituck, NY; County Tax Map P~cel Ho. 1~-143-3-1. 8:20 p.m. ADZE V. DECK- ~GER, ~x 9~, Jamaica, NY' 11431 for a V~ance to ~e ~ning ~d~ce, ~icle HI~ ~ion 1~-32 for ~ission to l~ate ing~uud swimm~g ~1 ~d a~es~ building in · e ~nty~d ~ea at premises ~own as 3~ ~undview Avenue, Ma~ituck, NY; Coun- ty T~ Map Pa~l No. 1~- ~-1-20. 8:30 p.m. S~GE J. DOY- ~ ~x 2~, Fishers ~land, ~ ~ for a Vat.ce to the ~ning ~d~ance, ~icle S~ion 1~-31, Bulk Schedule, for app~v~ of insurgent a~a and width of two parcels in a p~sed set~ff division of land located at the South Side of Fox Avenue. Fishers Eland, 'NY; County T~ Map COUNTY OF SUFFOLK ss: STATE Of: NEW YORK Potricio 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 o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................... ./.. .......... weeks successively, commencing on the ................ ../..~..Z. ......... day ................ ?c..~...'~....~,. .......... 1 9..~ Sworn to before me this .............. Z~.?....~'.. ....... day of .......... ......... , Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Gomrnission Expires M~rch 30, 19 -~d~ APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GR[GONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RDAD- BTATE RI'lAD 25 SrlUTHI3LD, L.I., N.Y. 11971 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 the Southold Town Hall, or by calling our secretary, Linda Kowa~ki, at 765-1809 (or~ if no answer, 765-1802). Yours very truly, GERARD p. GOEHRINGER CHAIRMAN Ik Enclosure Copies together with Legal Notice forwarded to Mr. and Mrs. Joseph Lestingi Mr. David E. Kapell, as agent for Lestingi Rudolph H. Bruer, Esq. for Henry J. Smith.& Son Henry J. Smith & Son Inc. Mrs. Lauren Kurg Mr. Gary Doroski Frank Field Realty Celic Realtors Inc. Mrs. Adele V. Deckinger Anthony B. Tohill, Esq. for Serge Doyen the following Inc. 1/4/85: Southold Town Board of Appeals MAIN RnAD- BTATE RDAD 25 SDUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .~,. Q . R oA. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3296 PROJECT NAME: JOSEPH AND ARLENE 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 enviYonment 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 simil&r project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory garage in frontyard area. LOCATION OF PROJECT: To~n of Southold, County of Suffolk, more particularly known as: 1150 Sound Dr., Greenport,. NY County Tax Map ~1000-33-4-1 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 relief requested is a setback variance which does not re- quire further processinq under "Type II" Actions of the State Environmental ualitv Review Act. - {~) The area of the proposed accessory garage is at an elevation of FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. (cont.) 10 or more feet above mean sea ievel. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11S'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: ×X Variance from the Zoning Code, Article III , Section ]00-32 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 3296 Applicant: Location of Affected Land: N/s Sound 0ri¥9, Greenp0rt County Tax Map Item No.: 1000- 33-4-] Within 500 feet of: __ Town or Village Boundary Line XX Body!of Water (Bay, Sound or Estuary) [.I. Sound ~ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ 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 Estab- lished Channel Lines, JOSEPH LESTINGI AND ARLENE LESTINGI or ~ Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to to locate accessory Qarage-storage structure in frontvard ~rea. Findinqs aqd deter~inn- tion conditienall.s permitting and restricting same enclnsed. Copies of Town file and related documents review. enclosed herewith for your Dated: February ll, 1985, Secretary, Board of Appeals 0 110 i ~'~ -_1 .~,-v~,jeci , Ju~e 229, l~ ' RODERICK VAN _T._UYL. P.C. LICENIED LAND ~URVEYORS GREENI"ORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL H.S. NO. STATEMENT OF INTI~NT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE' STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. (s! APPLICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: DEI~T. OF HEALTH APPROVAL OF SUFFOLK CO. TAX MAP D~SIGNATION: DIST. SECT. BLOCK PCL. IOC.~,~ C~?' -4 / ~NNERS ADORES: DEED: L. :.:T~3Z 2: STAMP ~AL Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 13, 1984 accessory garage in the sideyard area at premises, 1240 Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-36-02-24. 8:10 p.m. Application of FRANK A. FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, Article III, Sections 100-31 and lO0-30(A)[1] for approval of the construction of a one-story, two-family house, at premises known as Lots 26 and 28 of "Greenport Driving Park" Subdivision, containing 11,262 sq. ft. in area and lO0-foot lot width. Applicant proposes to remove two existing dwelling structures located partly on Subdivision Lots 26, 28, 60 and 59, and to retain an existing one-family trailer and one-family, two-story house on Lots 60 and 59; premises identified as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9. 8:20 p.m. Application for ANTHONY AND SALLY PIRRERA, by ~a~hy Haspel, Box 1100, 33 Anchor Way, Oak Beach, NY 11702 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage building/carport in the frontyard area at premises, 57305 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-02-003. Persons desiring to be heard may do so at the times indicated. Communications in writing may be filed with our office prior to or during thei~subje~t hearings. Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publish THURSDAY, NOVEMBER 29, 1984 and forward 8 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before December 4th. Copies to the following 11/26/84: Rudolph H. Bruer, Esq. for K & L Properties, Inc. Mr. David Kapell, as agent for Joseph and Arlene Lesting~ Mr. and Mrs. Pete Markopoulos William Holden, Esq. for neighbor, 11 Orchard Place, Huntington, NY 11743 Mrs. Agnes Holden, 12 Eagle Lane, Hauppauge, NY 11787 Mr. John Bertani, Colonial Road, Southold, NY 11971 Mr. William Jacobs, AWJ Construction Corp., Depot Lane, Cutchogue 11935 Dr. and Mrs. Arnold Behrer, Box 912, Clinton, N.C. 29325 Environment East, Inc., Indian Neck Lane, Peconic, NY 11958 Mrs. Margarethe D. Clempner, Inlet Lane Extension, Greenport, NY 11944 Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944 Ms. Kathy Haspel for Anthony and Sally Anne Pirrera, Box 1100, Oak Beach Mr. and Mrs. Anthony Pirrera, 38 Foxmere Ave, Farmingville, NY 11738 Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board JUDITH T. TERRY TOWN CLERK REGISTRAROI VITALSI,\IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 4, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 19 84 TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3296 application of Joseph Lestingi and Arlene Lestingi for a variance, with David Kapell acting as agent. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; letter from N.Y.S. - D.E.C.; and Notice of Disapproval from the Building Department. ~Judith T. Terry, 6~ Southold Town Clerk NOTICE NOTICE IS HEREBY EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Cdde of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Scuthold, NY at a Regular Meeting on THURSDAY DECEM~I~R 13~ 1984, commencing at.7:30 p.m. and as f~llows: 7:~0 p.m. Application of K&L PROPERTIES~ c/o R.H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of access, New York Town Law; Section 280-A over a private right-of-way located at the east side of Indian Neck Lane, Peconic, NY to premises known as County Tax Map ParcoVNo. 1000-86- 05-11. _7:35 p.m. Application OSEPH AND ARIJ~NE LES. TING_.__!I. c/o David Kapell, 400 ront Street, Oreenport, NY r a Varianc~t0 the Zonin dinance, Article IR, Scctio: 100-32 for permission to locat. accessory garage in the fronl yard area at premises, 11~ Sound Drive, Greenport, NY County Tax Map Parcel No. ~000-33-04-001. 7:40 p.m. Application ~ DESPINA AND PETE MAR- KOPOULOS, 222-08 43rd Av- enue, Bayside, NY 113§1, for a Variance to the Zoning, Ordin. ante, Article III, Section 100- 31, Bulk Schedule, for permis. sion to locate new dwelling with insuffic~i~'nt sid~j~ard set- backs at premises, Sound Beach Drive, Mattituck, NY; Cpt. Kidd Ests. Map 1672, Lot 31 ;County Tax Map Parcel No. 1000-99-01~24. 7:50 p.m. Application of JOHN BERTANI~ Colonial Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 62(B) for permission to estab- lish building containing more than one retail store, offices, or similar establishments in this "B-i' General Business Zoning District, at premises located on the north side of C.R. 48, Scuthold, NY; County Tax Map Parcel No. 1000.55- 02-20; containing 31,024 sq. ft. in area. 7:55 p.m. Application for ARNOLD AND MARY BEH- RER, c/o AWJ Construction Corp., Depot Lane, Cut- chogue, NY for a Variance to the Zoning Ordinance, Ar- ticle III, Section 100-32, for permission to locate accessory garage in the frontyard area at premises, 5730 Nassau Point Road (also fronting Wunne- weta Road), Cutchogue, NY; Nassau Point Subdivision, Lot 141 and part of 142; County Tax Map Parcel No. 1000- 111-12,2.1. 8:00 p.m. Application for MARGARETHE D. CLEMP- NER, c/o Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the .Zoning Ordinance, Ar- ticle III, Section 100-32, for permission to locate accessory garage in the sideyard area at preinises, 1240 Inlet Lane Extension, Greenbort, NY; County Tax Map Parcel No. 1000-36-02-24. 8:10 p.m. Application of FRANK A. FIELD REALTY INC., Box 631, ~reenport, NY tot ~Vattances to. t?e Zoning Or~; Arti~ :m, Sec-', for approval of the ~nstruc- tion of a one-sto~, two-family house, at premises ~own as ~ts 26 and 28 of "Greenpo~ ~ving Park" Subdivision, containing 11,262 sq. ~. in area and l~-f~t lot width. Applic~t pro.scs to remove two existing dwelling strut. tares located partly on Subdi- vision ~ts 26, 28, 60 and 59. and to retain ~ existing one-family trailer and one- family, ~o-sto~ house on ~ts ~ nnd 59; p~mises identified as County Tax Map Panel N~s+ 1~-~-03-20, 19, 8~d9. COUNTY OF SUFFOLK STATE OF NIz-W YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ../.~ ........... weeks successively, commencing on the ............................... ..... Sworn to before rne this -e ~ ~ ................. : .............. day of ............. Z/.,. ......................... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Provisions of the Amended Cede of the Town of Southald, the following public bearings will be held by the Southald Town Board of Appoals at the Town Hall, Main Road, Southald, NY at a Regular Meet- ing on THURSDAY, DE- CEMBER 13, 1984, commenc- ing at 7:30 p.m. and as follows: 7:30 p.m. Application of K & L PROPERTIES, c/o R.H. Bruer, Esq., Main Read, South- old, NY for a Variance for ap- proval of access, New York Town Law, Section 280-A over a pr/- veto right-of-way located at the east side of Indian Neck Lone, 1000-86-05-11. · ~ ~1~7:35 p.m.. Application of · JOSEPH AND ARLENE LES- TINGI, cio David Kapell, 400 Fr~nt Street, Greenport, NY for ariance to the Zoning Ordi-j nance, Article III, Section I00-32~ f garage in the frontyard area at PINA AND PETE MAI~[ KOPOULOS, 222-08 43d ~ nance, Article HI, Section 100- 31, Bulk Schedule, for pennis- 7:50 p.m. Application of JOHN BEHTANI, Colonial Read, Southold, NY for a Vari- ance to the Zoning Ordinance, permission to establish building NOLD AND MARY BEHRER, Road (also fronting Wunneweta MARGARETHE D. CLEMP- NY; County Tax Map Parcel No. 8:10 ~ . Application of FRANK A. FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordi- nance, Article III, Sections 100- 31 and 100-30(A)[1] for approval of the construction of a one-story, two-family house, at premises known as Lots 26 and 28 of "Greenport Driving Park" Sub- division, containing 11,262 sq. in area and 100-foot lot width. Applicant proposes to remove two existing dwelling structures located partly on Subdivision Lots 26, 28, 60 and 59, and to retain an existing one-family trailer and one-family, two-story house on Lots 60 and 59; prem- ises identified as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9. 8:20 p.m. Application for AN- THONY AND SALLY PIRR- ERA, by Kathy Haspel, Box 1100, 33 Anchor Way, Oak Beach, NY 11702 for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate accessory storage build- lng/carport in the frontyard area at premises, 57305 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-02-003. Persons desiring to be heard may do so at the times indicated. Communications in writing may be filed with our office prior to or during the subject hearings. Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GEB. ARD P. GOEHRINGER, CHAIRMAN 1TN29-4725 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEI~I~AS of Greenport, in said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for One weeks successively, commencing on the ~ q l~h dayof November 19 $4 Principal/~.l~rk Sworn to before me this 29/;h dayof Noverab~r 19 84 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 BDUTHOLD, L.I,, N.Y, 11CJ'TI TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. 'IR.. Q o R ..A o SERGE DOYEN, .JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3296 PROJECT NAME: JOSEPH AND ARLENE 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory garage in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1150 Sound Dr., Greenport,. NY County Tax Map ~1000-33-4-1 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 relief requested is a setback variance which does not re- quire further processing under "Type II" Actions of the State Environmental ualitv Review Act. (2) The area of the proposed accessory garage is at an elevation of FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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~nd posted on the Town Clerk Bulletin Board. ,. (cont.) 10 or more feet above mean sea i~vel. APPEALS BOARD MEMBERS GERARD P. GOEHR{NGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE 1516) 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 $outhold, 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 the Southold 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 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'-~ ~'~ TO_THE Z0~NII~G BOARD OF APP, EALS,. TOWN OF SOUTHOLD, N. Y. Joseph ~eatia~i &.Arlene ~estiogi ' ' "Name ~fiAPpellomf .... ................ ~.~ .................................................................... ~.~ .......... HEREBY APPEAL TO Municipoliw State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATl::.D:8/29/86, FOR: Perait to contruct a garage WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ........................ Joseph. I'.~. ~ ~ n S ~, &. Arl~e~, [,e,s.t ins i Name of Applicant for permit of ......................... ................................ ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD a garage. ] LOCATION OF THE PROPERTY .'.L150.:S6ua~l~D~l,,5.'.~-aea,o~r.r_,..J[o.v_ ......... .....:'...:......~:...i... Street and Hamlet Zone ..... [..0_0..0..-..0.~.;~.-..0~.-.0.~, .............................................. O~NER (S): . ,3.oAe.,p..h, ,T~.~tj,n~t .&. Ar, t.eAe. ,[,est. ingi Map No Lot No. DATE PURCHASED: 8/27/81 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 (X) ( of the Building Inspector or w'ith respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A. VARIANCE due to lack:of access (State of New York Town Law Chap. 62 Cons. Laws : Art: 16.Sec:,280A Subsection 3 : PREvIOU'~' 'APISEAL A' p~'evio~{ appeal (hj~(has hbt) been r~ade with respect to this decision and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) is requested for the reason that of our property. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to build a garage in the front yard Fora ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary'HARDShiP because contructioa of a garage in the rear yard, as required by the ordinance, would obstruct the view that the applicant enjoys of Long land Sound, In as much as the value oi~ the~SubJec2~roPert-y':fs~ d:i~e~:~ [unc- tion o£ its exposure tO the water, strict applicationoi the otaimance would deprive the applicant of bis enjoyment of the property and would result in a financial loss as wel.l.. ~ ~ 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 'i:ew properties have frontage on the water as is the case on ~:he subject property, 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be tn hat'mouy 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~ we~ £are~ comfort and convenience and the order o£ the Torn will not be adversely affected by the applicant~e proposed use and its location. The character of the district is similar to the applicant~s proposed use, STATE OF NEW YORK COUNTY OF Suffolk Sworn to this ................. .~.l:;h ....................... day of.....October ............... ...................... 1986, BOARD OF APPE. A.LS. ~T.OW. N. OF~ SQUTHOLD In the Matter OT' the Petition of ~ · toDt~Ve~o~d ~laR~]e~lsa0~ tlan~d~wn of Southold TO: Albert Co Woodcock & Wfeo Sal Caiola and Benny Caiola, 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 to request a (Variance) F----~;:-~:--:,;- --: .... ). 2. That the property which is the subject of the Petition is located adiacent to your property and is~des- cribed as follows: 11.50 ~omad 3. That the property which is the subject of such Petition is located in the following zoning district: A- Agr lr. Ultural -~e s ident t~ 1 4. That by such Petition the undersigned will request the following relief: - .- __,- tr,,er a ~ara~e ia the front yard. 5. Th~at the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are RL~L¢le II! Sec~io~ 100-52 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of ,Appea~; tl~lta noti~:e.of such hearing must be published at least five days prior to the date of such heari~g~i~ th~-~;uff0rl~ Tim~ ibc]in the Long Island Traveler-Mattituck Watchman, newspapers publighed in the Town ~:f Southo d and designated for the publication of st~,kaLotices; that you or y, qur representative have the right to appear and be heard at such hearing. \, } . .. ~e-, ~ ~, ~ _t%/'~ C.Z~ __ Dated: 0etobe~' 4. 1984 . /oeeph Leatingi and Arlene Lestingi · David E. l:apell, as. agen~ Petitioner Post Office Address 400 Front Street Oreenport, N.Y, 11944 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Albert C. Woodcock & $al Carols & Benny Catola~ &50 East 20 Street, N.Y.C.~ N.Y. 10009 Soundv£ew Ave., Southo~d, N.Y. 1~97~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: 11~vtd I~: I~11 , residing atb, O0 Front Street.. I~reanport.. N.Y. 11944 , being duly sworn, deposes and says that on the ~ day of Oeteber ,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- (certified) ~ mall. Sworn to before me this 6,.th. day of/ October ,19 8/~ Notary Public ~OSEPH L. TOWNSEND, JR. NO J~.~Y PU[3LIC, State of New York '"" NO. 52'9355335 Qualified In Suffolk County Commission Expires March 30, ; that said Notices were mailed to each of said persons by - x, QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony [3rook0 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.^. application. [z] I. [ ] 2. | ] 3. I ] [ ] 5. [ ] 6. ! ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor~ditio~) [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfror~t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetland$/waterfro~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent 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 processi~g your application(s). 10/831k YORK 17EPALrTME,~r/' OF ENVZROI~MEt~q'AL~IS~IIAT'ZOIq B~cbj. 40, SO, NV--Room 219 Stont,j groo~.~ NV 11794 {$16] 7~1-7900 The/te~o,'te, no pe.,,un~ un6e~. A,'t,tZe. Z¢ ~5 {TZdaZ OJe .~,6. ) o~ ,t. ttc EnuZ,tonnt~ Con~e~uag, i. on La~u Z~ n~u,~e~t ~Znce ~he pe. opo~a~ ,c~ bevond $;~t:e manda,t~ PSL:P,A/T:ez The ;;.Y.S. Env~ronmen[al QuaiiLy Review mission of thiS~l~rm, and an environmenLal made by this bo~ before any action 'is tan will be' ,SHORT r~NVIRON~ENT~L ASSESSMENT ~!tSTRtTTIC~S~ (e) In order to answer the questions in thia short ~AF is ia assume~ that the preparer will use c~rrently ·v·il·ble inforr.~tion concerning the project and the l~kely impacts of the action, It ia not e~pected that additional s~udlee, r~search or other ~nvestlgations w~l be ~dertaRen, {b) If any question has been answered Yes the project ~y be at~ificant amd a completed Envirom=ental Assessment Fo~ ts notes=ar/. (c) If all questions have been answered No i~ is l~ely t~t this project is nc~ significant. (d) ~vircr~ent~l A~sessment 1. W~i project reset in a large physical cbmnge to the project site or physically alter more t~n 10 acres of land? · · · · · · · · , , 2. Will there be a major change to any unique or unusual land form found on the site? . ~ . 3. Will project alter or have · large effect on an existing body of water? , , , , . , , . ~. Will project have · potentially large impact on grotmdwater quality? , , , , , , , , , , Will project significantly effect drainage flow 6. Will project affec~ any threatened or endangered ?. Will project result in a major adverse effect on air quality? · , ~,Will project have · major effect on visual Char- known to be important to the community? e · · 9. Will project ·dversely impact any site or strucD- ute of historic, pre-historic, or paleontological importance or any site designated as · critical 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or cause ~ major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, gl·re, vibration, or electrical disturb- 13. Will project have any impact on public health or l&. Will project Affect the existing community by directly causing a ~rowth in permanent popula- period o__r have a major negative effect on the character of t~e community ~r ne~g~borhooc?.. 1~. Is there ~c cfntrovers'~ncerning ~he project? . REPRES=NTiJG: Joseph,Lestingi & Arlene Le~:~ i0~4/84 Yea ~ Ne Yes ~ No Yes ..~ No Yes X No Yea X No Yes X No Y~e X No Yea X No Yes ~ ~o Yes .X No Yes X No Yes X No Yes X ~o Yes X No L X i '1 ,!t! ,,i 't' iF ;-4 1 U· 0 -J g