HomeMy WebLinkAbout3205
Southold Town Board of Appeals
MAIN Rr'IAD- BTATE RI'lAD 2.5 SmUTHI"ILD, L.I., N.Y. 11¢J'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3205
Application Dated January 6, ]984
TO: Abigail A. Wickham, Esq. as Attorney
for JOHN C. AND FRANCES DiVELLO
Main Road, Box 1424
Mattituck, NY 11952
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on March 28, ]985,
the above appeal was considered, and the action indicated below was taken
on your [X] 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 ]00-3], Sulk Schedule
[ ] Request for
Application of JOHN C. AND FRANCES DiVELLO, by Wickham, Wickham and
Bressler, P.C., Main Road, Mattituck, NY for Variances: (a) to New
York Town Law, Section 280-A for approval of access over a private
right-of-way known as "Meday Avenue," and (b) to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule for approval of insufficient
area and depth of parcels in this proposed subdivision. Location of
Property: Meday Avenue and Westphalia Road, Mattituck, NY; 1921
Subdivision of "William B. Codling" Lots 1 to 7, inclusive; District
1000, Section 113, Block 9, Lots 8 and 15, containing 4.38± acres.
WHEREAS, a public hearing was held and concluded on March 7, 1985,
concerning the Matter of JOHN C. AND FRANCES DiVELLO under Appeal No.
3205; and
WHEREAS, the board has considered all testimony and documentation
entered into the record during the public hearing; and
WHEREAS, by letter received January 25, 1985 from the applicants'
attorney, the applicants decided to proceed with this proposal without
the request for the relocation of the right-of-way over "Lot No. l"; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question, as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located in an "A" Residential and
Agricultural Zoning District, is situate along the northerly side of
Westphalia Road and easterly side of a private right-of-way known and
referred to as "Meday Avenue," and is more particularly identified on
the Suffolk County Tax Maps as District 1000, Section 113, Block 9,
Lots 8 and 15;
2. The subject premises as a whole contains 4.38± acres, and
involves lots from a 1921 subdivision plan known as "Map of Property
of William B. Codling, filed Map No. 745," Lots No. 1 to 7, inclusive;
(CONTINUED ON PAGE TWO)
DATED: April 4, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3205
Matter of JOHN C. AND FRANCES DiVELLO
Decision Rendered March 28, 1985
3. Applicants are proposing four lots as follows: (a) Lot I of
40,000 sq. ft. and 260' frontage along Westphalia Road; (b) Lot 2 of
40,075 sq. ft. with 95.55 frontage along Westphalia Road; (c) Lot 3
of 40,000 sq. ft. with 20' frontage along Meday Avenue; (d) Lot 4 of
71,000 sq. ft. with 125± ft. frontage long Meday Avenue;
4. Existing on proposed Lot 4 is a one-family dwelling and
on proposed Lot 3 is a frame garage-storage building;
5. Also requested by this application is approval of access over
"Meday Avenue" where it commences at a point along the northerly side
of Westphalia Road and extending in a northerly direction along the
premises in question 425± feet;
6. Road Report #431 from the town road engineer indicates as
follows: The first 150 feet has a stable roadway, 15± feet in width,
with a few depressions and is presently used for access to two houses
on the west side of Meday Avenue. Also listed in this report are
recommendations for improvements, which the board is in full agreement
with.
In considering this application, the board determines that the
relief requested be conditionally granted since: (a) more than 50%
of the lots in the immediate area are of a size similar or smaller
than that proposed by this application; (b) no substantial detriment
will be caused to adjoining properties or to the character of this
area; (c) the circumstances are unique since the property was a
previously filed subdivision map with lots substantially smaller;
(d) that in view of the manner in which the difficulty arose, justice
will be served, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis,
it was
RESOLVED, that the relief requested under Appeal No. 3205 in
Matter of JOHN C. AND FRANCES DiVELLO, be and hereby is approved,
SUBJECT TO THE FOLLOWING CONDITIONS:
the
1. The "Meday" right-of-way be improved a full 15 ft. width as follows:
(a
Remove trees where access road makes right angle turn
into property~
(b
Widen road at the right-angle turn to 15 feet and do
necessary grading to meet existing property elevation;
blend on
(C
the
Grade sides for width where higher than road;
Place a six-inch course of sand and gravel bankrun;
Place a two-inch (2") top course of 3/4-inch stone
bankrun;
(f) To make access road look uniform, place thin layer of
stone blend on the first 150 ft. of length of right-of-way;
(g) Final acceptance of improvements to be made by the
Board of Appeals, or, if made by the Building Inspector, a copy of
his written report and acceptance to be submitted to the Board of
Appeals.
Vote of the
D~-yen an~d, Grigonis.
I~ ~II.C~IV~P AND F~e~¢
I ~ SOUTtiO~ TO%VN CLERI~
To~ ~erk, To~ of ~u~d
~es: Messrs. Douglass, Sawicki,
~hringer abstained from vote.)
CHARt. ES GRIGONI/~, JR.~
Chairman Pro Tem
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
public hearings wilt be held by the Southold Town Board of
Appeals at the Southold Town Hall, Main Road, Southold~ NY at
a Regular Meeting commencing at 7':30 p.m. onlTHURSDAY, MARCH 7,
1'98~.~ and as follows: -
7:30 p.m. Application of]DOUGLAS A. COOPER, P.O. Box 16,
Mattituck, 'NY for ~ Variance to the Zoning Ordinance, Article
III, Section lO0-30(A) for permission to construct pole barn/stable
6ccessory to keeping Of horses on.this 2.4± acre parcel located on
a private right-df-way extending =rom the north side of Bergen
Avenue, Mattituck, NY; District 1000, Section 105, Block 01,
Lot 002~2.
7:35 p.m. Application of JOSEPH J. LIZEWSKI, 29205 Main
Road, Cutchogue, NY for a Soecial Exception to the Zoning Ordinance,
Article VI, Section lO0-60(B)[l](a), and Article III, Section 100-30(B)[6]
for permission to establish recreational use (private racquetball
membership club) at premises located on the north side of Main
Road and east side of Depot Lane, Cutchogue, NY; District 1000,
Section 102, Block 02, Lot 12.1 (B-Light Business Zone).
7:40 p.m. Application ,of
Street, Valley Stream, NY 11580,
Ordinance, Article III, Section
l~nes of three parcels which
width, located on the North
District 1000, Section 059,
ALICE D. CURRIE, 68 West Fenimore
for a Variance to the Zoning
100-31 to re-define and change lot
contain insufficient area, depth and
Side of Soundview Avenue, Southold, NY~
Block 06, Lots 18-19.
7:45 p.m. Application of ANDREAS PALIOURAS, 37-17 20th
Road, Astoria, NY 11105, for a Variance to the Zoning Ordinance,
Article XI, Section lO0-118(D) for permission to reinstate and
restore dwelling structure to its original condition as a
one-family residence located at 32570-C.R. 48, Peconic,
1000, Section 74, Block 04, Lot 009.
7:50 p.m. Application of WILMA MEEHAN AND MARY LEONARDI,
Paul Caminiti, Esq., Main Road, Southold, NY for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for approval
of two lots in this proposed re-division of land containing
insufficient area, width and depth, located at Reydon Drive,
District
by
Page 2 - Legal Notice
Public Hearings of March 7, 1985
Southold Town Board of Appeals
Southold, NY; Reydon Shores Subdivision Lots 29 through 35;
District 1000, Section 80, Block 02, Lot 015.
7:55 p.m. Application of ROBERT AND'ALDONA NORKUS, by
Richard J. Cron, 'Esq. N Main Road, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100=31 for
approval of insufficient width of four proposed parcels
located-off Orchard Lane, approximately 450 feet easterly
from Cedar Beach Road, Southold, NY; consisting of Cedar
Beach Park Subdivision Lots 35, 36~ 37,.38, 47, 48~ and
part of 49; District 1000, Section 89, Block 3, Lots 8.1, 9,
10, 11.1, 6, and 4.
8:05 p.m. Application of JOY--RANgeS DiVELLO, by
Wickham, Wickham & Bressler, P.C:, Main Road, Mattituck, 'NY
for Variances: (a) to New York'Town Law, Section 280-A for
~approval of access over a private right-of-way known as "Meday"
tAvenue," and (b) to the Zoning Ordinance, Article III, Section
100-31and Bu.lk for of insufficient
Schedule,
approval
area
~and depth~of Parcets in thiS]proposed ~bdivision.'. Location
~of Property: Meday Avenue and WestphalialRoad, Mattituck, NY;
~1921 Subdivision of "William B. Codling." Lots 1 ~o 7, inclusive;
District lO00, Section ll-3, Block 9, Lots 8 and 15, containing
'~38± acres. ~ '
The Board of Appeals will at said time and place hear all
persons having interests and-concerns of the above matters.
Written objections may also be submitted prior to the conclusion
of thatlh~aring.
Dated: February 26, 1985.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF A~PEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski, Secretary
(~16) 765-1809 (alt 1802)
Instructions to ~ewspapers:
Please publish THURSDAY,' FEBRUARY 28, 1985 and forward 7 affidavits
of publication on or. before March 5th to Board of Appeals, Main
Road, Southold, NY 11971.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
./x'~.,~..~. ..... ~.o..:...~..~../.~.z~
.~. ~,../~'~c/.~. ~.~... ...... ././?~..~
PLEASE TAKE NOTICE that your application dated ..... ~/.q~...~...~. .......... 19 ~..'~...
for permit to co~st-rt~t...~--O ~ .'~.-~./.-~//~-. · .~../F"~/.O..~-~--~'gT~. · .~- ................. at
' I '-"-'-"" Ham/et
Location of Property t~o~'~s~ ~'o'.~r~'' '~~?" '~'4"~" '~P? ......... ~(f~.~//,/.~...~..~.A/~.
County T~ Map No. 1000 Section ..L(~ ........ Block . ~ ........ Lot ~:
Subdi~sio~/~.~.~(~.C~ Filed Map No..Z~ ........ Lot No. /~.
is returned herewith and disapproved[ on the fonow~g gro~d~/M(~LO~ o~
~~ ~~ ~ /~Sufldinglnspector
TOWN OF SOUTHOLD, NEW YORK
DECISION OF BUILDING INSPECTOR
APPEAL NO. k~c~4~
DATE ..~..o..y.e...~..b..e..~...2...3..:. 1983
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y~
~t, fWe~'~J~'~C]~.S....O.,..~.,~i~.L.O. ......................... of .-.~-e,..s.~P,hal..i..a.,...A~¢.~-u..e,. ...............................
Name of ~ppellant Street and Number
..... .~...~.~..j:~..u:9...~.:' ............................................................ .N...ew ~..o.~ .................. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON'
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Nome of Applicant for permit
of .o..=.. ....................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(X) PERMIT TO DIVIDE
1. LOCATION OF THE PROPERTY .~..e..(~..t..~..1}..~...l:,i,..a:....A.y..e..r, ...... '.~.A.i~,.~.e..s..i..d_.e~...t..'.l~....1....&....,A~,.Z..q..u~-..~..u~...a..1
Street Use District on Zoning Map
1t)00-113-09-8 & 15~
Mop No Lot No.
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Arti.cle Section, Sub-
section aha aaragraph of the Zoning Ordinance by number. Do not auote the Ordinance )
Article III, Section 100-31 and Bulk Schedule
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
^ 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 ~:l~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
As to 280A approval - See actions nos, 1987 and 2959.
REASON FOR APPEAL
X) A Variance to Section 280A Subsection 3
X) A Variance to the Zoning Ordinance
-)
,s requested for the reason that appliaants wish to divide the propert~ into font
parcels as s~own on the attached minor subdivision plan which provides
for four lots containing insufficient area.
Tt~e pr6po'sed n~ Right of Way shown:o~ the'.~rm~p has 'been-:i'ns:tal_l-ed:~nd
~equi~es'280A approval (see Board of Appeals actions nos. 1987 and
2959. )
~'otm z~! (Continue on othe~ side)
REASON FOR APPEAL_
Continued
] STRICT APPLICATION OF THE ORDINANCE would proauce practicaldifficultiesorunneces-
sor~ HARDSHIPbecause applicants purchased this property in 1978 when the
zoning requirements for this proposed subdivision would have been mec~
They purchased the property with the intention of subdividing it into
four parcels so the property could be divided among the family. The
applicants would suffer further hardship if required to comply with the
two-acre zoning requirements, because they would be limited to two Large
lots in a neighborhood which contains many lots of one acre or less~
Specifically, the lots irmnediately to the West of this property are each
one-half acre or smaller and the lots immediately co the East contain
approximately 40,000 square feet and 1o4 acres respectiveiy~ The lots
along the Creek are slightly larger than both this proposed subdivision
and the adjoining properties to the East.
2 The hardsh~c created is UN QUE and is not sqared by ali Droperties alike in the mmediate
'c,n~t~ of this ~roperty aha in this use district because this is the only lar§e undivided
parcel in the irmmediace vicinity.
3 The . ;r~once would observe the spirit of th~ Ordnance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the proposed division would conform with
the pattern and lot size and width in the vicinity.
STATE OF NEW YORK ~
) ss
COLNTY OF SUFFOLK )
J~ DiVELLO
......................
FRANCES C, ' ~ 5-i~_nZptureDiVELL0
Sworn tc this ....... ~-..~.- ...................... aa~ o~. .......... N. ovem3~er.~ ...................... ]9 83
Notar. Public
OWNER
//,3 - ~- / o~-TOWN
FORMER OWNER
OF SOUTHOLD
STREET
VILLAGE
E
PROPERTY RECORD CARD
/ 7'~{ TYPE OF BUILDING
RES.
LAND
IMP.
VL.
TOTAL
SEAS.
:ARM
DATE
COMM. CB. MISC. Mkt, Value
REMARKS
AGE
NEW NORMAL
Acre
BUILDING CONDITION
BELOW ABOVE
FARM
'Tillable
Tillable 2
Tilloble 3
Woodland
Swampland
Brushland
Value Per
Acre
Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
House Plot DEPTH
BULKHEAD
Total
DOCK
TOWN OF SOUTHOLD PROPERTY
OWNER
FORMER OWNER
;TREET
S
VILLAGE
RECORDCARD ?~/- ~
'" DIST. SUB. LOT
LAND
;EAS. VL. FARM COMM. CB. MISC. Mkt, Value
MP. TOTAL DATE REMARKS
-?
BUILDING CONDITION
NE~ NORMAL BELOW ABOVE
Acre Value
,2/
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampl.and
Brushland
House Plot
-oral
Volue Per
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
MAPES CREEK
LOCATION MAP
SCALE= I "= 600'
NOTE: I.
2.
PLAN PREPARED FROM SURVEY BY RODERICK VAN TUYL
M
NOR
SUBDIVI
SION
PLAN
FOR
ON MAY I0,1976 FOR ERNEST SCHUTT S OTHERS.
LOT NUMBERS SHOWN THUS: Lo?~ REFER TO
"MAPOF PROPERTYOFWILLIAM B. CODLING", FILEDIN JOHN M. D~VELLO & FRANCES C. D~VELLO
THE OFFICE OFTHE CLERK OF SUFFOLK COUNTY ON
MAY I0, 1921 AS FILE N0.745. AT MATTITUCK
LOT NUMBERS SHOWN THUS: ~ REFER TO THIS
TOWN
OF
SOUTHOLD
PROPOSED MINOR SUBDIVISION PLAN. SUFFOLK ,.v,~.,..~"~"~'?v.
NEW
YORK
CONTOUR LINES SHOWNTHUS: ..... za ..... ARE
CHART,"MATTITUCK, N.Y." ~ UNAUTHORIZED ALTERATION OR ADDITION TO THIS
APPROXIMATED
FROM
U.S.G.S.
SUFFOLK COUNTY. TAX MAP SURVEY IS A VIOLATION OF SECTION 7209 OFTH/
DIST Iooo SECT. 115 BLOCK s LOT SelE NEW YORK STATE EDUCATION LAW.
'X'COPIES OF THIS SURVEY NOT BEARING THE LAND
TOTAL AREA= 4.38 -+ ACRES SURVEYOR'S iNKED SEAL OR EMBOSSED SEAL SHALL
~IOT BE CONSIDERED TO BE A VALID TRUE COPY.
NGUARANTEES IN~rCATED HEREON SHALL RUM ONLY TO
THE PERSON FOR WHOM THE SURVEY IS PREPARED,
AND ON HiS BEHALF TO THE TITLE COMPANY, GOVERN-
MENTAL AGENCYAND LENDING ~NBTITUT~ON LISTED
HEREON. AND TO THE ASSIGNEES OF THE LENDING
INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE
TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT
OWNERS
'X'DISTANCES SHOWN HEREON FROM PROPERTY LINES
I'0 EXISTING STRLJCTURES ARE FOR A SPECIFIC
PURPOSE AND ARE NOT TO SE USED TO ESTABLISH
PROPERTY LINES OR FOR THE ERECTION OF FENCES.
THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR
ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE
STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY
DEPARTMENT OF HEALTH._
DATE : MAR. 3, 1980
SCALE: I"= I00'
NO. : 80-100
ANLDDtAN~) & R 2~yPoRO N E2ZL lOc EN$ EE N(~ j 2~1E4~
HOWARD W. YOUNG, LAND SURVEYOR
N_Y.S. LICENSE NO. 45893
400 OSTRANDER AVENUE
RIVERHEAD ~ NEW YORK
TELEPHONE (516) 249-5090
LAW OFFICES
OF
JOHN W. GIBLIN, JR.
A PROFESSIONAL CORPORATION
April 29, 1987
office of the Building Inspector
Town of $outhold
Town Hall
Southold~ NY 11971
Attention: Mr. Lassard
Re: Estate of Andrew J. Galgano, Jr.
and Andrew J. Galgano, Sr.
Right-of-Way of Westphalia Rd.,
Mattituck, New York
Your Re: John and Frances DiVello
Dear Mr. Lassard:
Pursuant to the telephone conversation with our
office, this will confirm that we represent the Estate of
Andrew J. Galgano, Jr. and Andrew J. Galgano, Sr., fee
owners of a certain parcel of property off Westphalia Road,
Mattituck, N.Y.
We are writing to you to express our clients' concern
regarding the issuance of a building permit within ten feet
of our clients' right-of-way to their property.
The facts regarding this matters are as follows.
Sometime back in late 1983, John and Frances DiVello made an
application to abandon a certain right-of-way off Westphalia
Road. My clients, the Galganos, were constrained to oppose
the DiVello application because the granting of such would
leave them without means to get to a right-of-way along the
westerly side of land now or formerly owned by Johnsen so
that they could get to their own parcel of land on Mapes
Creek. A copy of my letter to the Southold Town Board of
Appeals dated December 28, 1983 is herewith enclosed.
In March of 1985 I received a telephone call from the
Southold Town' Board of Appeals regarding the DiVellos'
application to relocate the right-of-way. I was informed
that the DiVellos' attorney had withdrawn the application to
relocate the right-of-way because there was no agreement
among the adjoining land owners as to where the right-of-way
should be relocated. Attached is a copy of my letter to my
clients dated March 6, 1985 regarding this.
Office of the Building Inspector
April 29, 1987
Page Two
On April 30, 1985 I received from the Southold Town
Board of Appeals a Decision which indicated that the
DiVellos had decided to proceed with their proposal without
the request for relocation of the right-of-way over
"Lot ~1". Copies of the April 30, 1985 letter from the
Southold Town Board of Appeals with Decision are enclosed.
I am enclosing herewith a copy of Mr. and Mrs.
DiVellos' subdivision plan showing the existing right-of-way
as well as the proposed right-of-way. I am concerned that a
building permit may have been issued to the DiVellos based
upon a survey which did not disclose right-of-way. My
clients inform me that a structure is in the process of
being built which is 10-15 feet from their right-of-way and
that this has caused and will continue to cause a dangerous
and unsafe condition for those using the right-of-way.
Accordingly, I request that this matter be reviewed and that
I be advised of the situation as expeditiously as possible.
I would like to extend my appreciation on behalf of
my clients for your review of this matter.
Very truly yours,
J6"~~in~ Jr.
JWG:rc
Enclosures
cc:
Mr. Andrew Galgano, Sr.
Mrs. Carol Galgano
Southold Town Board of Appeals
(w/enclosures)
TELEPHONE (516) 249-5090
LAW OFFICES
OF
JOHN W. GIBLIN, JR.
A PROFESSIONAL CORPORATION
December 28, 1983
Southold Town Board of Appeals
Main Road
State Road 25
Southold, N.Y. 11971
Re:
Proposed abandonment of right-
of-way (DiVello) and Appeals
No. 1987 and No. 2959
Gentlemen:
Enclosed herewith is a copy of my letter to Abigail
Wickham, Esq., attorney for John M. and Frances C. DiVello in
connection with the proposed abandonment of an existing right-of-
way. As you will note from my letter to Ms. Wickham, such aban-
donment would leave my clients, Andrew Galgano, Sr. and Andrew
Galgano, Jr. without means to get to a right-of-way along the
westerly side of land now owned by Johnsen so that they can get
to their parcel of land. I have marked in red the area over
which the Galganos do not presently have a right-of-way.
Accordingly, until and unless the DiVellos are able to create a
right-of-way acceptable to the Galganos and allow them access to
existing rights-of-way, the Galganos are constrained to oppose
the DiVello application for abandonment of the existing right-of-
way.
Very truly yours,
Jghn W. Giblin, Jr.
JWG:sms
Encl.
cc: Abigail Wickham, Esq.
Mr. Andrew Galgano, Sr.
Mr. Andrew Galgano, Jr.
LAW OFFICES
OF
JOHN W. CIBLIN, JR.
A PROFESSIONAL CORPORATION
December 28, 1983
Abigail A. Wickham
Wickham, wickham & Bressler,
Main Road
P.O. Box 1424
Mattituck, N.Y. 11952
PoCo
TELEPHONE (5 I 6) 249'5090
Dear Ms. Wickham:
Thank you for your letter of December 16, 1983.
If the Galganos are to use the proposed new right-of-way
tn order to get to an existing right-of-way which runs along the
westerly side of property now owned by Johnsen, they must have
the right to cross on a right-of-way which was reserved to
Loretta Helen Meday and Henrietta Augusta Meday in Deed dated
September 4, 1919 made by Loretta Helen Heday and Henrietta
Augusta Meday to Mabel L. Bubier, recorded September 12, 1919 in
.Liber 984 of Deeds, page 99, said right-of-way being approxima-
tely 15 feet wide and crossing the southerly border of property
now owned by Johnsen. I do not understand and ask you to explain
how you will be able to convey to us this right-of-way so that
the Galganos will be able to use the new right-of-way and cross
over land now owned by Johnsen in order to get to the right-of-
way which they have reserved over the westerly portion of land
now owned by Johnsen in order to get to their own property. For
your information, when the Galganos conveyed to Johnsen, they had
no need to reserve an interest in the right-of-way on the
southerly boundary of the Johnsen property, but if the proposed
.right-of-way, they would have that need. Please advise.
In order to make the above clearer,
tocopy of the survey depicting the area in
ject of my concern.
I have enclosed a pho-
red which is the sub-
Sincerely,
John W. Giblin, Jr.
JWG:sms
Encl.
cc: Mr. Andrew Galgano, Sr.
Mr. Andrew Galgano, Jr.
,£
lApp
Southold Town Board o eals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCY?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
April 30, 1985
John W. Giblin, Jr., Esq.
275 Broadhollow Road, Suite 220
Melville, NY 11747
Re: Galgano/DiVello
Appeals No. 1987, 2959, 3205
Dear Mr. Giblin:
For your records we are furnishing a copy of the
board's recent findings and determination rendered under
Appeal No. 3205 of John C. and Frances DiVellop in the
proposed division of land located at the east side of
Westphalia Road, Mattituck.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
B~Linda Ko~alski
TELEPHONE (516) 249-5090
LAW OFFICES
OF
JOHN W. GIBLIN, JR.
A PROFESSIONAL CORPORATION
March 6, 1985
Mr. Andrew J. Galgano
403 Garfield Road
W. Hempstead, N.Y. 11552
Mrs. Carol Galgano
236 Laurel Cove Road
Oyster Bay Cove, N.Y. 11771
Dear Andy and Carol:
I received a telephone call from Linda of the Southhold Town
Board of Appeals regarding Mr. and Mrs. Divello's applica-
tion to relocate the right of way. I was informed that
there will be a public hearing on March 7, 1985, but that the
Divello'$ attorney has withdrawn the application to relocate
the right of way because there is no agreement among the
adjoining landowners as to where the right of way"should be
relocated.
Accordingly, there is nothing that need be done at this
time.
Best regards.
Sincerely,
John w. Giblin, Jr.
JWG/mp
1.26
MAPES CREEK
LOCATION MAP
~00~°
N.89027'40"E. 280.92'
TIE LINE
%
0
~ , .
;EPARED FROM SURVEY BY ~DERI~ VAN TUYL
O~ 1976 FOR ERNEST SCHUTT 8, OTHERS.
.*,SERS SHOWN THUS= &or.= REFER TO
PROPERTY OF WILLIAM B. CODLING", FILED IN
ICE OF THE CLERK OF SUFFOLK COUNTY ON
1921 AS FILE N0.745.
;BERS SHOWN THUS: ~ REFER TO THIS
ED MINOR SUBDIVISION PLAN.
; LINES SHOWN THUS: ..... z4, ..... ARE
MINOR SUBDIVISION PLAN FOR
dOHN M. D~VELLO & FRANCES C, DiVELLO
AT MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
DATE ; MAR, 3, 1980
SCALE: I"=100'
NO. ~ 80-100
P~'RD
T O, .We~.N F; Sou~ttO~LD
8outhold, N.Y. 11971
(518) 785-1938
March 5, 1986
Abigail Wickham
Attorney at Law
P.O. Box 1412
Mattituck, NY 11952
Re: John and Frances DiVello
Dear Mrs,Wickham:
The following action was taken by the Southold Town Planning
Board, Monday, March 3, 1986.
RESOLVED that whereas a formal application for the approval of
a subdivision plat entitled John and Frances DiVello located at
Mattituck was submitted to the Planning Board on May 6 1983
and filing fee of $100 was paid, and '
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on February 10,
1986 at 7:30 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of the
Town of Southold have been met by said subdivision plat and applicatio
NOW, therefore, be it RESOLVED that the application of John and
Frances DiVello for approval of said subdivision plat prepared
by Howard Young dated as last amended December 23, 1985 be approved
and the Chairman be authorized to endorse approval on said subdivision
plat, subject to the-following condition.7~
1. The proposed 15' Right of Way from Westphalia Road must
be improved to the same condition as the existing 15' right-of
way which will be abandoned.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Bv Diane M. Schult~e. Secretary
LAW OFFICES
WlCKHAM, WICKHAM & BRESSLER, p.c.
MAIN ROAD, P.O, BOX 142~
MAtTITUCK LONG ISLAND
January 22, 1985
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Application of John M. and Frances C. DiVello
Gent 16~en:
The DiVellos have obtained agreement of most of their neighbors to
the relocation of the right-of-way. However, there will be a delay in
obtaining a few signatures due to a death in one of the families and
extended estate proceedings and due to sc~e reluctance to sign.
In light of the delays, the DiVellos would like to proceed with the
application without the request for the relocation of the right of way.
Therefore, Lot no. 1 would be subject to the existing right-of-way as
well as the proposed new right-of-way.
We w~uld appreciate your scheduling this matter for your next
available meeting date.
Very truly yours,
Abigail A. Wickham
cc: Mr. & Mrs. John DiVello
MAPES CREEK
LOCATION MAP
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
"aupgauge, NewYork dAN 06 tg86
This is to~ertify that the proposed arrangements for water
andsewa~d~sposalfor/I ..~, [~'-/'
in ~he -~') ~ ~%~ l (~ ~th a total of
w~ed on tl;a above date.
Consort is hereby given for the filing of the mop on ~ic~
end.sen ~nt appe~s in the Office of the County Clerk ~ accor(
with p sions of the Public Health Law and t~ Suffolk Cc
Sonitar ~de.
Direc~ of ~vk~nt~
~OM SURVEY BY RODERICK VAN TUYL
~ ERNEST SCHUTT 6 OTHERS.
WN THUS: Lot2 REFER~ TO
'OF WiLL lAM B. CODLING", FILED IN
CLERK OF SUFFOLK COUNTY ON
.E NO. 745.
VNTHUS: ~ REFER TO THIS
-~UBDIVIS~ON PLAN.
)WN THUS ...... .z o ..... ARE
'~ U.S.G.S. CHART,"MATTITUCK, N.Y."
TAX MAP
3__. BLOCK 9 LOTB&~5
~ -+ ACRES
MINOR SUBDIVISION PLAN FOR
JOHN M. D~VELLO & FRANCES C. D~VELLO
AT MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
· ~UNAUTHONIZEO ALTERATION OR ADDITION TO THIS
SURVEY IS A VIOLATION OF SECTION 720g OF THE
NEW YORK STATE EDUCATION LAW
~-COPIES OF THIS SURVEY NOT BEARING THE LAND
SANDY
SAND
DEC 23,1985
JULY Z6,1985
DATE : MAR. 3,1980
SCALE: I"=100'
NO. : 80-100
Town of Southold
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE: £. KOPP£LMAN
May 17, 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
Com~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
John & Frances Diveilo
3205
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
I
Southold Town Board of Appeal
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE 1516) 765 180!
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×X Variance from the Zoning Code, Article II! , Section 100-31
Variance from Dete~minati0n of Southold Town
Building Inspector
~ Special Exception, Article , Section
Special Permit
Appeal No.: 3205 Applicant:J0hn and
Location of Affected Land: Meday Avenue
County Tax Map Item No.: 1000-113-09-8 &15
Within 500 feet of:
__ Town or Village Boundary Line
X×X Body of Water (Bay, Sound or Estuary)
__ 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,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is§~~d~r~ion to have access
privatp right-hr-wa? knnwn a~ MmdlPy Arm_ and for approval nf
area and dppth nf par. nmlS ip this prnp~sed sub-division.
Frances Divello
and Westphalia Road, Mattituck
oven a
ins,fficient
Copies of Town file
review.
Dated:
and related documents enclosed herewith for your
S~cretary, Board of Appeals
Southold Town Board of Appeals
MAIN ROAD-~]TATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) ?65 180!)
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
April 30, 1985
John W. Giblin, Jr., Esq.
275 Broadhollow Road, Suite
Melville, NY 11747
220
Re: Galgano/DiVello
Appeals No, 1987, 2959, 3205
Dear Mr. Giblin:
For your records we are furnishing a copy of the
board's recent findings and determination rendered under
Appeal No. 3205 of John C. and Frances DiVellop in the
proposed division of land located at the east side of
Westphalia Road, Mattituck.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CH~,IRMAN, /'
ByTLinda Ko~alski
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765 1809
Abigail A. Wic'kham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3205 - John C. and Frances DiVello
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 b~ 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,
GERARD p. GOEHRINGER
CHAIRMAN
Enclosure By Linda F.
Copy of Decision to Secretary
Building Department
Planning Board'
Suffolk County Planning Commission
Kowalski
WlCKHAM, WICKHAM & BRESSLEF~, P.e.
SI6 -2~8-83S3
March 13, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Sou%hold, NY 11971
Re: Application of John M. and Frances C. DiVello
Gentlemen:
We have prepared an application for DeparhL~nt of Health approval
of the subdivision and are awaiting the maps from Young and Young
containing the information required by the Department.
WICKHAM, WICKHAM & BRESSLER, r',c.
March 13, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: ~E~ication of John M. and Frances C. DiVello
Gentle~,en..
We have prepared an apPlication for Department of Health approval
of the subdivision and are awaiting the maps frcra Young and Young
containing the information required by the Depart~nent.
~/~ail A. Wickham ~
TELEPHONE (516) 249-5090
LAW OFFICES
Of
JOHN W. GiBLiN, JR.
A PROFESSIONAL CORPORATION
December 28, 1983
$outhold Town Board of Appeals
Main Road
State Road 25
Southold, N.Y. 11971
Re:
Proposed abandonment of right-
of-way (DiVello) and Appeals
No. 1987 and No. 2959
Gentlemen:
Enclosed herewith is a copy of my letter to Abigail
Wickham, Esq., attorney for John M. and Frances C. DiVello in
connection with the proposed abandonment of an existing right-of-
way. As you will note from my letter to Ms. Wickham, such aban-
donment would leave my clients, Andrew Galgano, Sr. and Andrew
Galgano, Jr. without means to get to a right-of-way along the
westerly side of land now owned by Johnsen so that they can get
to their parcel of land. I have marked in red the area over
which the Galganos do not presently have a right-of-way.
Accordingly, until and unless the DiVellos are able to create a
right-of-way acceptable to the Galganos and allow them access to
existing rights-of-way, the Galganos are constrained to oppose
the DiVello application for abandonment of the existing right-of-
way.
Very truly yours,
Giblin ~ ~r.
JWG:~O~'~' ~~]
Encl.
cc: Abigail Wickham, Esq.
Mr. Andrew Galgano, Sr.
Mr. Andrew Galgano, Jr.
TELEPHONE (516) 249-5090
LAW OFFICES
Of
JOHN W. GIBLiN, JR.
A PROFESSIONAL CORPORATION
December 28, 1983
Abigail A. Wickham
Wickham, Wickham & Bressler,
Main Road
P.O. Box 1424
Mattituck, N.Y. 11952
PoCo
Dear Ms. Wickham:
Thank you for your letter of December 16, 1983.
If the Galganos are to use the proposed new right-of-way
in order to get to an existing right-of-way which runs along the
westerly side of property now owned by Johnsen, they must have
the right to cross on a right-of-way which was reserved to
Loretta Helen Meday and Henrietta Augusta Meday in Deed dated
September 4, 1919 made by Loretta Helen Neday and Henrietta
Augusta Meday to Mabel L. Bubier, recorded September 12, 1919 in
Liber 984 of Deeds, page 99, said right-of-way being approxima-
tely 15 feet wide and crossing the southerly border of property
now owned by Johnsen. I do not understand and ask you to explain
how you will be able to convey to us this right-of-way so that
the Galganos will be able to use the new right-of-way and cross
over land now owned by Johnsen in order to get to the right-of-
way which they have reserved over the westerly portion of land
now owned by Johnsen in order to get to their own property. For
your information, when the Galganos conveyed to Johnsen, they had
no need to reserve an interest in the right-of-way on the
southerly boundary of the Johnsen property, but if the proposed
right-of-way, they would have that need. Please advise.
In order to make the above clearer, I have enclosed a pho-
tocopy of the survey depicting the area in red which is the sub-
ject of my concern.
Sincerely,
John W. Giblin, Jr.
JWG:sms
Encl.
cc: Mr. Andrew Galgano,
Mr. Andrew Galgano,
Sr.
Jr.
WILLIAm WICKHAM
ERIC J, BR£$SLER
ABIGAIL A. W~CKHAM
fF~ANKLYN A, fARRIS
WICKHAM, WICKHAM & BRESSLER,
MAIN ROAD~ P,O. BOX I424
MATTITUCK LONG ISLAND
NEW YORK 11952
January 22, 1985
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Application of John M. and Frances C. DiVello
Gentlemen:
The DiVellos have obtained agreement of most of their neighbors to
the relocation of the right-of-way. However, there will be a delay in
obtaining a few signatures due to a death in one of the families and
extended estate proceedings and due to sc~e reluctance to sign.
In light of the delays, the DiVelloswould like to proceed withtb~
application without the request for the relocation of the right of way.
Therefore, Lot no. 1 would be subject to the existing right-of-way as
well as the proposed new right-of-way.
We would appreciate your scheduling this matter for your next
available meeting date.
Very truly yours,
~'~il A. Wickham
cc: Mr. & Mrs. John DiVello
MAPES CREEK
N.~9o 2T'40"E. 280,92'
LOCATION MAP
SCALE~ I "= 600'
bO1. ~ o
NOTE: I.
2.
PLAN PREPARED FROM SURVEY BY RODERICK VAN TUYL
ON MAY I0, 1976 FOR ERNEST SCHUTT 8, OTHERS.
LOT NUMBERS SHOWN THUS~ ,,or,~ REFER TO
"MAP OF PROPERTY OF WILLIAM B. CODLING", FILED IN
THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON
MAY I0, 1921 AS FILE NO.?4S,
3. LOT NUMBERS SHOWN THUS: ~ REFER TO THIS
PROPOSED MINOR SUBDIVISION Pt. AN.
4. CONTOUR LINES SHOWN THUS: ..... ~e ..... ARE
APPROXIMATED FROM U.S.G.S. CHART,"MATTITUCK~, N.Y."
5. SUFFOLK COUNTY. TAX MAP
DIST. ~000 SECT. u3 BLOCK ~_~.__
6. TOTAL .AREA= 4.38 -+ ACRES
THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR
ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE
STANDARDS AND REQUIREMEINTS OF THE SUFFOLK COUNTY
DEPARTMENT OF HEALTHd
MINOR SUBDIVISION PLAN FOR
JOHN M. D~VELLO & FRANCES C. D~VELLO
AT MATTITUCK DATE : MAR. 3, 1980
TOWN OF SOUTHOLD SCALE, I"= ~00'
SUFFOLK COUNTY, NEW YORK NO. : 80-100
· ~UNAUTHORIZED ALTERATION OR ADDITION TO THIS
SURVEY I$ A VIOLATION OF SECTION 7209 OF THE
NEW YORK STATE EDUCATION LAW.
#COPIES OF THIS SURVEY NOT GEARING THE LAND
SURVEYOR'S INKED SEAL OR EMSOSSED SEAL SHALL
NOT BE CONSIDERED TO SEA VALID TRUE COPY.
NGUARANTEES JN'~:CATED HEREON SHALL RUN ONLY TO
THE PERSON FOR WHOM THE SURVEY IS PREPARED,
AND ON HIS SEHALF TO THE TITLE COMPANY, GOVERN*
MENTAL ASENCYANO LENDING INSTITUTION LISTED
HEREON, AND TO THE ASSIGNEES OF THE LENDING
TO EXISTING STRUCTURES ARE FOR A SPECIFIC
,fi]YOUNG.YOUNG 400 OSTRANDER AVENUE
RIVERHEAD, NEW YORK
ALDEN W. YOUNG,PROFESSIONAL ENGINEER
AND LAND SURVEYOR N.Y.S. LICENSE N0.12845
HOWARD W. YOUNG, LAND SURVEYOR
N.Y~S. LICENSE NO. 45893
Southold Town Board of Appeals
MAIN ROAD- ~TATE ROAD 2S BOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERTJ DOUGLASS
JOSEPH H. SAWlCKI
March 5, 1985
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road Box 1424
Mattituck, NY 11952
PoC,
Re: Appeal No. 3205 - John and Frances DiVello
Dear Gail:
Please find enclosed a copy of our road inspector's
report and recommendations concerning the "Meday Avenue"
access.
It is our understanding that the applicants are
proceeding with this variance application without a
relocatio~ of the right-of-way extending through Lot #1,
and which relocation will require subsequent application
when an agreement is reached.
very truly,
Yours
CC:
Mr. Victor Lessard
Building Inspector-Administrator
Mr. and Mrs. John C. DiVello
To: Gerard P. Goehringer, Chairman Report No. 431
Southold Town Board of Appeals
From: John W. Davis Date: March 4,
1985
Re:
Appeal No. 3205 - John and Frances DiVello
Right-of-Way - Meday Avenue, Mattituck
Comments:
I inspected the proposed access today with Mr. DiVello as follows:
Access to Lots No. 3 and No. 4 from Westphalia Road will be in the
50 ft. R.O.W. of Meday Ave. The first 150 ft. in the R.O.W. has a
stable roadway, 15 ft.± in width with a few minor depressions and is
presently used for access to two houses on the west side of Meday Avenue.
According to Mr. DiVello the 20 ft. width shown in Lot No. 3 will be used
as a common driveway for Lots No. 3 and No. 4 from Meday.
Recommendations:
1. Remove trees where access road makes right angle turn into property -
apparently no other clearing has to be done.
2. Length of new road construction approximately ~80 ft.
3. Width ~5 ft. Widen road at the right angle turn into the property
and do necessary grading there to meet existing property elevation.
4. Removing topsoil probably not necessary (Test holes show 2"±).
5. Grade sides for width where higher than road
6. Place a 6" course of sand and gravel bankrun.
Place a 2" compacted top course of 3/4" stone blend on the bankrun.
8. To make the access road look uniform I would suggest a thin layer of
stone blend on the first ~50 ft. of length.
There is presently available area for turning emergency vehicles in
Lot No. 3.
(
(
(
(
(
( )
.31 '7-7 tf'
"-,' ..... .... ' ....... ' .... .~o copio~
Cements or Eoply Requested
John W. Davis
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11'::J'71
TELEPHONE (516) 765-1809
February 25, 1985
Mr. John W. Davis
Sterin9 Road
Cutchogue, NY 11935
Re: Appeal No. ~205 - John and Frances DiVello
Right-of-Way "Meday Avenue~ Mattituck
Dear Mr. Davis:
Presently pending before us is an application for
approval of access over a private right-of-way (which is
part of an 1921 subdivision map) known as "Meday Avenue"
and located.on the east side of Westphalia Avenue, Matti-
tuck.
When convenient for you, may we have your report and
inspection. The length of the right-of-way would extend
from Westphalia Road and in a northerly direction to the
driveway on "Lot 4," as shown on the attached map.
Thank you again for your time and assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
WICKHAM, WICKHAM & BRESSLER,
MAIN ROAD~ P.O. BOX 142~
MATTITUCK LONG ISLAND
NEW YORK 11952
February 21, 1985
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Appeal No. 3205
John M. and Frances C. Di Vello
Gentlemen:
In response to your letter of January 30, the DiVellos have access over
Meday Avenue by virtue of the fact that it is laid out as a road on
"Map of Property of Wm. B. Codling," which was filed in the Suffolk
County Clerk's Office as Map No. 745. The DiVellos own Lots #1 to #7,
inclusive, on that map, a copy of which is enclosed.
Meday Avenue is also shown on the subdivision map of Tollewood, referred
to in your letter. Apparently, the two maps overlap up through Lot #56.
The authority for the right of a lot owner on a filed map to use of the
roadways laid out on that map is set forth in my letter to you dated
May 4, 1984, in connection with the Thomas Mercier application.
AAW:jnm
Enc.
Very truly yours,
Southold, N.Y. 11971
(516) 765-1988
May 8, 1984
wickham, Wickham and Bressler
ATTN: Gall Wickham
P.O. Box 1424
Mattituck, NY 11952
Re: DiVello
Mattituck
{cc:
Dear Ms. Wickham:
The following action was taken by the Southold Town Planning
Board at the Monday, May 7, 1984 meetinq.
RESOLVED that the Southold Town Planning Board ~eny the
application of John and Frances DiVello to subdivide =
property located at Mattituck due t___oo iBsufficient area.
(100-31)
If you have any questions, please contact the office.
Very truly yours,
BENNETT ORLOWSKI, JR.
ACTING CHAIRMAN
.~OUTHOLD TOWN PLANNING BOAR~
~y ~ane M. Schultze, SeCretary
Board of Appeals
WICKHAM, WICI~hAM & BRESSLER, p.c.
MAIN ROAD~ P,O. BOX 1~24
MATTITUCK LONG ISLAND
NEW YORK 11952 f~ ~ ~/~
January 13, 1984
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of John M. and Frances C. DiVello
Gentlemen:
Enclosed is a copy of a letter from the New York State
Department of Environmental Conservation indicating that no
DEC permit is necessary for this subdivision.
Very truly yours,
Ellen M. Urbanski
/emu
encl.
cc: Southold Town Planning Board
(w/encl.)
i~,~W YO?di STATE DEPAP. T,'~NT OF E'.]VI?.ON~ZNTAL CONSEP. VATION
~g~ato~ Affair~ Unit ~ . ~
Bldg. 40, SUNY--Room ~ ~ ........
Stony ~o~- ~ ~11794
..~--'-" "(516) 751-7900
3 January 1984
~ - .~,,~ ,.,~.
John M. & Frances C. Dlvello
c/o Abtgal A. Wickham
Main Road, P.O. Box 1424
Mattltuck, New York 11952
Dear Mr. & Mrs. Dlvello:
A review has been made of your proposal to:
subdivide a 3.9 acre parcel
of 1smd into four seperate lots. Lot #1 to contain 40,000 square
feet, lot #2 to be 40,075 square feet, Lot #3 to be 40,000 square
feet and lot #4 to have an area of 71,000 square feet.
Location:
Mapes Creek; Westphalia Road, Mattltuck, Town of Southoldo
S.C.T.M. # 1000-113-9-8
New York State Department of Environmental Conservation has found the
parcelXXXX project to be:
Greater than 300' from inventoried tidal wetlands.
Landward of a substantial man-made structure
greater than 100' in length constructed prior to September 20, 1997.
XXX~,Landward of 10' contour elevation above mean sea level on a gradual, nat-
ural slope.
Landward of topographical crest of bluff, cliff or dune in excess of lO
feet in elevation above mean sea level, '...
Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental
Conservation Law)-is required at this time since the current proposal is beyond
State ~ndated ]~risdiction pursuant to this act. However, any additional work
or modifications to the project may require a permit. It is your responsibility
to notify this office, in writing, if such additional work of modifications are
contemplated.
Very truly yours,/
Daniel J. Sin
Regional Supervisor of
Regulatory Affairs
DJL:RNT:cz
Legal Notices
LEGAL NOTICE
NOTICE IS HEP, E B y GIVEN,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Scuthold, the following
public hearings will be held by
the Scuthold Town Beard of Ap-
peals at the Scuthold Town Hall,
Main Road, Southold, NY at a
Regular Meeting commencing at
7:30 p.m. on THURSDAY,
MARCH 7, lasS, and ss follows:
7:30 p.m. Application of
DOUGLAS A. COOPER, P.O.
Box 16, Mattituck, NY for a Vari-
Article HI, Section 100-30(A) for
permis~on to construct pole
bar~sinble acee~ory to keeping
ofhoreee on this 2.4 ± acre parcal
leeated on a private right-of-way
extondi~g from the north side of
Bergen Avenue, Mattituck, NY;
District 1000, Soct~on 105, Block
01, Lot 002.2.
7:30 p.m. Application of
JOSEPH J: I.I~,3~.WSKi' 29205
Main Road, Cutshogue, NY for a
Spoeial Exception to the Zoning
Ordin*,~ca, Article VI, Section
100-60(B)[1](a), and Article III,
Section 100-30(B)[6] for petrols.
sion to establish recreational use
(private racquetball membership
club) at. premises located on the
north side of Main Road and east
~_of. Oepot L~e, Cutchogue,
; District 10~0, Section 102,
.Bleek 02, Lot 12.1 (B-Light Bus-
lnem ~ne).
?~40 1~=. Application of
~~ V~ey S~;
w~,~0/far a w.~e to the
~ 0~=~ee, ~t~cle m,
~ ~taln insufficient area; .
~end width, located on the
Side of Scundview Av-
enue, S~thold, NY; District
1000, Section 059, Rieek 06 Lots
18-19. ·
7:45 ~.m. Application of AN-
DREAS PALIOURAS, 37-17 '~ cation of Property: Meday Av-
20th Road, Astoria, NY 11105, ~enue and Westphalia Rond, Mat.
for a Variance to the Zonhag Or- ~ituck, NY; 1921 S~, ,l~livision of
dinence, Article XI, Section 100- ~William B. Codling Lots
ll8(D) for pormission to ]fnclusive; District 1000, Section
reinstate and reztoro dwelling ~ 113, Block 9, Lots 8 and 15, con-
stxucturetoitsoriB~naleendition ~ thintng 4.38± acree~
as aone-familyrosidencaleeated -- t~*e-t~mrd of Appeals will at
at 32570 C.]~ 48, PeeeniC, NY;
District las0, Section 74, Block
7:50 p.m. Application of
WILMA MEEHAN AND
MARY LEON~I)I, by Paul
Camiinti, F_~q., Main~ Road,
Southold, NY far a Var~nce to
the Zoning O~ti,~e, Article
III, Section 100-31 for,' approval
of two lots in this propcaed r~di-
vision of land
cient area, width and depth, io'
catsd at Reydon Drive, South. old,
NY; Reydon Shores Subdivision
1000, Section 80, Block 02, Lot
015.
7:55 p.m. Applicatio~ of
ROBERT AND ALDONA
NORKU~ by Richard J. Cron,
Esq., Main Road, Cutoh0gue, NY
for a Variance to the Zoning Or~
dinance, Arti~.le I~, Section 100-
31 for approval of insufficient
width of four proposed parcels 1o-
catod off Orchard Lane, approxi-
matoly 450 feet easterly from
Cedar Beach Road, Southold,
NY; conaisth~ of Cedar Beach
Park Subdivision Lots 35, 36, 37,
38, 47, 48, and part of 49; District
1000, Section 89, Block 3, Lots
8.1 9, 10, 11.1, 6, 4.
~.'05 p.m: Application of
JOHN. AND. FRANCES IN-
ELIA), by Wickham, Wickham
· BreeSler, P.C;, Main Road,
:attituck, NY for Variances: (a)
~ New York Town Law, Section
80-A for approval of arcess over
~ private right-Of, way ~nown as
'Meday Avenue," and (b) to the
Zoning Ordinance, Article HI,
Section 100~31 and Bulk
Schedule, for approval of insuffi-
ciont area and depth of parcels
in this proposed subdivision. Lo-
said time and place hear all per-
sons having interests and con-
ceron of the above matters. Writ-
ten objections may also be sub-
mittod prior to the conclusion of
that hearing.
Dated: February 26, 1985.
BY ORDER OF
BOARD OF APPEALS
GERARD P. GOEI-IRINOER
By Mnda F, Kowalski,
(516) 765-1809 (alt. 1802)
1TF28-4801
weeks succeSSively,
day of
)
) ss:
of Greenport, in
Jy sworn, says that he/she is
I SUFFOLK TIMES, a Weekly
! st Greenport, in the Town
=f Suffolk and State of New
rice of which the annexed is
)een regularly published in
:e each week for one
commencing on the ~
February 19 85
Principal Cl'~r~(
Sworn to before me this 2 8
da~fFebruary ~85 ANNM. ABATE
'-/- ~-, ~ ~ "'~OTARY PUBLtC, State et N~v,.
NOTICE
NOTICE-IS HE~F~Y GIV-
FaN, pursuant to Section 267 of
the Town Law and the Code of
the TOW~ of Sonthold; the
folio~jng public hearings will
be held by the Southold Town
Beard of Appeals at the
Southold Town Hall, :Main
Road. Sonthold, NY at a
Re~bie~ting C°mmencing
at 7:30 p.m'. on THURSDAYf
~ and as
follows:
7:30 P.m. Application of
DOUG _~ P.O.
Bex 16~ ~tuck, NY for a
Variance to the Zoning Ordin.
ance, Article III, Section 100-
30(A) for permission to con.
struct pole barn/stable acces-
sory to keeping of horses on
this 2.4~ acre parcel located on
a private right-of-way extend-
ing from the north side of
Bergen Avenun, Mattituck,
NY; District 1000, Section 105,
Block 01, Lot 002.2.
7:35 p.m. Application of
JOSEPH J. LIZEWSKI~ 29205
Main Road, Cutchogue, NY for
a Spechfl Exception-to the
Zoning Ordinance, Article VI,
Section 100-60(B)fl](a), and
Article m, Section 100-30(B)
[6] for permission to establish
recreational use (private rac-
quethall membership club) at
premises locat~l on tho north
side of ,Main Road and east
side of Depot Lane, Cut-
v.~boane.. NY: District 1000,
~v, ~ectlon 89, Block 3, Lots
8.1, 9, 10, Il.i, 6, and 4.
8:05 p.m. Application of
~ :,~c~nam, Wick.
· oad, Mattituck, NY for Var-
mnces: (a) to New York Town u!
Law, Section 280-A for approv-
al of access over a Private ~q
tight-of-way known as "Me- ~o~
day Avenue," and (b) to the
Zoning Ordinance, Article III, 'S°l
Section 100-31 and Bulk
Schedule, for approval of
insufficient area and depth of !i°d
parcels in this proposed sub- ~o£
division. Location of Property: 3uoo
Meday Avenue and Westphal.
ia Road, MattJtnck, NY; ~921 °.uosi
Subdivision of "William B. ~V
Codling,, Lots I to 7, inclu~
sire; District 1000, Section
Il3, Block 9, Lots 8 and 15,
COntaining 4.38~ acres. ~mrl
The Board of Appeals will at q,s~
said time and place hear all ~IP°
persons having interests and e!leqd
COncerns of the above matters.
Written objections may also be ~ u~
s.ubmitted prior to the conclu.
man of that hearing.
Dated: February 26, 1985.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski,
Secretary
(516) 765-1809 (alt. 1802)
COUNTY OF SUFFOLK
ss;
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ........... ./. .............. weeks
successively, commencing on the ~'? ~
Sworn to before me this ......... ..~.~.~,.C ........ day of
Notary Public
BARBARA FORBES
Notary Public, Scare of New York
No. 4~6846
Qualified in Suffolk Comity
Commission Expires Mtu,eh 80, 19 O~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT .1. DOUGLASS
'IOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
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).
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
Legal Notice of Hearings
Regular Meeting of March 7, 1985
Southold Town Board of Appeals
Copies have been furnished to the following 2/26/85:
Mr. and Mrs. Douglas A. Cooper, Box 16, Mattituck 11952
Dr. and Mrs. Joseph J. Lizewski, Box 200C, Depot La, Cutchogue 11935
Mrs. Alice D. Currie, 68 West Fenimore St, Valley Stream 11580
Mr. Andreas Paliouras, 37-17 20th Road, Astoria, NY lll05
Mr. George Kokkinos, Box 229, Peconic, NY 11958
Paul A. Caminiti, Esq., Box 992, Southold -'for MEEHAN AND LEONARDI
Richard J. Cron, Esq., Main Rd, Cutchogue for ROBERT & ALDONA NORKUS
Abigail A. Wickham, Esq., Box 1424, Mattituck - for JOHN DiVELLO
Mr. and Mrs. John C. DiVello, Box 1402, Mattituck 11952
Town Clerk Bulletin Board
Board of Appeals Bulletin Board (Office)
Building Inspectors Lessard and Hindermann
Supervisor and Town Board
Individual ZBA files
Suffolk Times ? hand delivered 2/26/85 12:15 p.m.
L.I, Traveler
Southold Town Board Appeals -31- Februar3
1985 Regular Meeting
(Environmental Declarations, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONmeNTAL DECLARATION
Notice of Determination of N_on-Significance
APPEAL NO.: 3205
PROJECT N~: JOHN C. AND FRANCES DiVELL0
This notice is issued pursuant to Part 617 of the implementing
r~gulations pertaining to Article 8 of the N.Y.S. Environmental
Quality ReView Act of the Environmental Conservation Law and Local
Law #44-4 6f the Town of Southold.
This board determines
cant adverse effect on the
below.
the within project not to have a signifi-
environment for the reasons indicated
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:
access off "Meday Avenue" and
and depth of parcels proposed.
LOCATION OF PROJECT:
particularly known as:
IX] Type II [ ] Unlisted [ ]
Variance for: (a) approval of
(b) approval of insufficient area
Town of Southold, County of~Suffolk, more
Westphalia Road, Mattituck.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; ~'
(2) This project is not directly related to new construction;
(3) More than 90% of the premises is at an elevation above
10' above mean sea level.
(4) Authorization has been granted by the N~Y.S. Department
of Environmental Conservation for this division or.land.
(5) New dwellings, if authorized by all agency approvals,
would be landward of existing dwellings.
Southold. N.Y. 11971
(516) 765-1938
ol Soutitold
May 8, 1984
Wickham, Wickham, and Bressler
ATTN: Gail Wickham
P.O. Box 1424
Mattituck, NY 11952
Re: DiVello
Mattituck
Dear Ms. Wickham:
The following action was taken by the Southold Town Planning
Board at the Monday, May 7, 1984 meeting.
RESOLVED that the Southold Town Planning Board deny the
application of John and Frances DiVello to subdivide
property located at Mattituck due to insufficient area.
(100-31)
If you have any questions, please contact the office.
Very truly yours,
BENNETT ORLOWSKI, JR.
ACTING CHAIRMAN
yUTHOLD TOWN PLANNING BOAR~
Diane M. Schultze, SeCretary
Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEBRIHGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK{
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J71
TELEPHONE (516) 765-1809
January 30, 1985
Abigail A. Wickham, Esq.
Wickham, Wickham and Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3205 - John M. and Frances C. DiVello
Dear Gail:
Receipt of your January 22nd letter is acknowledged and
will be considered by the board members at the next meeting.
The next available date for public hearings is on or about
March 21st, and as soon as authorized, we will notify you
accordingly. -
In the interim, would you please furnish us with a copy
of the deed or other document conveying the legal right-of-way
off "Meday Avenue," which we un~erstand is part of the subdivi-
sion map of "Tollewood," filed in the County Clerk's Office
January 25, 1927.
Thank you for your cooperation in this matter.
Yours very truly,
GERARD P. GOEHRINGER
CHA~I RMAN .
B~Y~oo~wal ski
CC:
Building Department
Planning Board
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWlCKI
January 12, 1984
Abigail A. Wickham, Esq.
Main Road
P.O. Box 1424
Matituck, NY 11952
Re: Appeal No. 3205 - John M. and Frances C. DiVello
Dear Gail:
At a Special Meeting of the board held on January 10, 1984,
the board me~abers reviewed the subject application, and the
following action was taken:
RESOLVED, that Appeal No. 3205, application for JOHN M. and
FRANCES C. DiVELLO, be temporarily held in abeyance pending receipt
of the following:
(1) Comments or recommendations from the Southold Town
Planning Board concerning the l~yout of this proposed subdivision
and the proposed right-of-way; ~ ~-~%~
~ An executed joint easement or agreement between the
part~ involved concerning the use of this proposed new right-
of-way.
This resolution was unanimously adopted.
Upon receipt of the above, this matter will be placed on
the available agenda for consideration of a public hearing date
and advertising in the official newspapers.
If you have any questions, please don't hesitate to call.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
cc: Planning Board
Building Department By Linda Kowalski
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCH[E LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
$outhold, N.Y. 11971
February 17, 1984
TELEPHONE
765 - 1938
Wickham, Wickham, and Bressler
P.O. Box 1424
Mattituck, NY 11952
Re: John and Frances DiVello
Minor Subdivision
Dear Ms. Wickham:
The following action was taken by the Southold ~own Planning
Board at the regular meeting on February 13, 1984.
RESOLVED that the Southold Town Planning Board recommends that
~ohn and Frances DiVello petition the Town Board for relief
un~r Local Law 11, or apply to the Zoning Board of Appeals
with regard to the minor subidvision located at Mattituck,
which contains undersized lots.
If application is made to the Zoning Board of Appeals, please
see the Building Inspector for a denial and the proceedure
for applying.
Very truly yours, A .
~R¥"E. R.A~NoR; J' ~., ~'CH'~"AIRM~N
$OUTHOLD ~OWN PLANNING BOARD
cc:
Zoning Board/
Town Board
By Diane M.
Schultze,
Secretary
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
January 12, 1984
Mr. Henry Raynor, Chairman
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Matters Pending Before Z.B.A. and Planning Board
Dear Henry:
The following is a list of those matters temporarily
held in abeyance which involve applications in both the
Planning Board and Z.B.A. which might be of assistance
to you:
Walter Hairston - Subdivision at Carole Road, Peconic.
Robert Entenmann - Subdivision at L.I. Sound, Mattituck.
Clempner and Mandel - Relocation of lot line and
elimination of building lot due to proposed mergers.
Inlet Lane Extension, Greenport.
Linda Miller Faulkner - Subdivision at West Creek Avenue,
Cutchogue.
Peter and Patricia Lenz - Subdivision at L.I. Sound,
Mattituck.
Carol Plock - Subdivision along R-O-W, North Side Bayview
Road, Southold.
Frances D. Epp - Subdivision at Pine and Maple Roads,
Wesland Subdivision, Southold.
Patricia Stegner - Subdivision along R-O-W, Private Road
No. 12, South Side Main Bayview Road, Southold.
~Page 2
January 12, 1984
To: Mr. Henry Raynor, Chairman
Southold Town Planning Board
Ma Ohn and Frances DiVello - Subdivision off Westphalia Road,
ttituck. (Wickham, Wickham & Bressler, P.C.)
Henry P. Smith - Subdivision on the West Side of Peconic Lane,
Peconic. (Philip J. Ofrias, Jr., Esq.)
Mary N. Code - Subdivision at Goose Neck Estates, Southold.
(Application would have been filed after 1/5/84.)
Thomas Yasso - Site Plan for proposed storage building in
a B-1 Zone. South Side Main Road, Mattituck.
Please let us know if there is any information we can provide
from our files which may be necessary in your records.
Yours very truly,
cc: Building Department
GERARD P. GOEHRINGER
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
TO . 9D
Southold, N.Y. I1971
June 30, 1983
TELEPHONE
765-1938
Ms. Abigail Wickham
Wickham, Wickham & Bressler
P.O. Box 1424
Mattituck, New York 11952
Dear Ms. Wickham:
The enclosed application for your minor subdivision
does not meet the present zoning requirements of 80,000
square foot lots. Although your application was distributed
and reviewed by each member of the Planning Board, it did
not receive sketch approval prior to May 20, 1983 on which
date the Southold Town Board legislated new zoning require-
ments as noted above, and is therefore being returned.
Very truly yours,
Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
sel
Encl. Application of John M. & Frances C. DiVello
WICKHAM, WlCKHAM & BRESSLER, p.c.
MATTITUCK LONG ISLAND
S16-298-8353
Southold Town Planning Board
Town Hall
Main Road
Southold, NY 11971
Re: DQ~plication of John M. & Frances C. DiVello
For Minor Subdivision
Property at Westhphalia Ave., Mattituck, NY
Suffolk Co. Tax Map #1000-113-09-8 & 15
Gentlemen:
E~closed please find the following in connection with the above
application:
1. Application, in duplicate;
2. Six copies of the map;
3. Description of the premises;
4. List of adjoining lot owners;
5. Short Environmental Asses~nent Form;
6. Statement as to grading, roads, and drainage;
7. Copy of tax map with subject premises outlined
in red;
8. Copy of proposed Covenants and Restrictions (Schedule D)
9.Check in the sum of $100.00, representing application
fee.
If all is in order, please schedule this matter for the next
meeting of the Board.
Very truly yours,
Abigail A. Wickham
/~u
Encls.
JUDITH T. TERRY
TOWN CLERK
RI.GISIRAROFVITALSI \IISIICS
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
January 6, 1984
Town Hall, 53095 Main Ro~
P.O. Box 728
Southold, New York 119~
TELEPHONE
(516) 765-1801
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3205 application of John M. & Fra
DiVello for a variance. Also included is notificiation to adjacent properl
Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetla~
Lane-Use; Notice of Disapproval from the Building Department; and survey.
Southold Town Clerk
fOWN OF SOUTHOLD, NEW YOR
1984
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE ..N...o.v..e...m..b...e..r.....2..3..,. 1983
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
JOHN M. and
R, (WeFRA~CE.S...C.,...~.J.V~LO. ......................... of ....W..~.$.~.p..h~..1..~.a....~.v..e..n..~.e. ................................
Name of Appellant Street and Number
Mattituck~ New York
........................................................................................................................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of Westp..h..alia Avenue, Mattituck~ N.C.~.Yor.k
Street and Number Municipality State
) PERMIT TO USE ~- -
) PERMIT FOR OCCUPANCY
(X) PERMIT TO DIVIDE
]. LOCATION OF THE PROPERTY .W.e..~..t.]~..~.,a...]:,i...a.....A..v..e...*. ...... '.~,A.i~....R~...s.~.d...e~...t..~..~...E.....,~..?r~.~.a..1
Street Use District on Zoning Map
....t...o..o..o..: .z...z..3...-..o..9..:.8... ............................
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III, Section 100-31 and Bulk Schedule
3 TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) 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 :~l~x~i~(has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
As to 280A approval - See ~e~nn~ ~'"e 19R7 ~ 2959_
REASON FOR APPEAL
X) A Variance to Section 280A Subsection 3
X) A Variance to the Zoning Ordinance
)
~s requested for the reasQn that applicants wish to divide the property into four
parcels as shown on the attached minor subdivision plan which provides
for four lots containin~ insufficient area. '
The gragosed n~g_h_t_p_-_f___W_a_y____s__h__o_~_wn on the .~ap ha~ beer~ £r~stalled and
~MXX~]~X requires 280A approval (see Board of Appeals actions nos.
1987 and 2959.)
~orm ZB1 (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesor unneces-
sary HARDSHIP because applicants purchased this property in 1978 when the
zoning requirements for this proposed subdivision would have been met.
They purchased the property with the intention of subdividing it into
four parcels so the property could be divided among the family. The
applicants would suffer further hardship if required to comply with the
two-acre zoning requirements, because they would be limited to two large
lots in a neighborhood which contains many lots of one acre or less.
Specifically, the lots immediately to the West of this property are each
one,half acre or smaller and the lots immediately to the East contain
approximately 40,000 square feet and 1.4 acres respectively. The lots
along the Creek are slightly larger than both this proposed subdivision
and the adjoining properties to the East.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because this is the onIy Iarge undivided
parcel in the immediate vicinity.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the proposed division wouId con£orm with
the pattern and lot size and width in the vicinity.
STATE OF NEW YORK
COUNTY OF SUFFO~.K
ss
JOHN M. DiVELLO
...............
FRANCES C. ' ~ $i~ptureDiVELLO
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
JOHN M. and FRANCES C. DiVELLO :
to the Board of Appeals of the Town of Southold :
TO:
Mr. & Mrs. Thomas J. Galligan
Mr. Robert Johnsen
Mr. Andrew Galgano, Jr.
Ms. Esther Schatt
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (~~lO~l~,f~
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North side of Westphalia Ave. & East side of Meday~Avenue.
M~ttituck, New York ~
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:Permit to
the property into four lots containinK insufficient area~ and
280A approval.
divide
5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31 & Bulk Schedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma}' then and there
examine the same during regular office hours. (516) ?~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
JU ; UiVKL ·
~e~,onCe~§ ¢. DiVELLO ,.
By WICKHAM, WICKHAM & BRESSLER, P.C.
Post Office Address
Main Road - P.O. Row 1424
Watr~rl~k, N~ V*~k 11952
November ~L~, 1983
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of JOHN M. & FRANCES C. DiVELL0
Location of Property: Westphalia Ave., Mattituck, NY
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 in the within appeal application:
(please check one box)
[ ]
! ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at' least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying ~dge
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.
[x]
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete.~li existing
on the premises.- Application Pending
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
-/ TOWN OF SOUTHOLD
~HORT '~IRONMENTAL ASSESSMENT FO~'
;~/ iNSTRUCTIONS:
(~') I~ order {o answer the questions in this short EAF if is assumed
2/ f~of the preparer will use. currently available information concerning
~ project and the likely impacts of the action. If is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and o completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely fhaf this
project is not significant.
(d) Env£ronmentol Assessment
~. Will proj'ecf resulf""in o large physical change
fo the pro]ecl site or physically alter more
than lO acres of land? ................ Yes X
2. Will there be a major change to any unique or
· unusual land form found on the site? .......... .Yes_X.No
3. Will pro]ecl alter or hove a large' effect on
existing body of water? ....................... . .~s X No
4. Will pro]ecl have o potentially large impact Yes X'No
on groundwater quality? ..................... .'' --
Will pro]ecl significantly effect drainage --
5. Yes X
flow on adjacent sites? ........................ .
&. Will project affect any threatened or
endangered plant or animal species? ........... . Yes X.No
7. Will pro~ecf result in o mo~or adverse effect Yes X No'
on air qualify? ...............................
8. Will pro~ect have o major effect on visual
character o{ the community or scenic views or
vistas known to:be important to the community? Yes X No
~. Will pro~ecf adversely impact any site or .'
structure of historic, prehistoric or
paleontological importance or any site
designated os a critical environmental area
lO. Will pro~ecf hove o major effect on existing
or future recreational opportunities? ......... Yes X
11. Will project result in.mo]or traffic problems
or cause o mo~or effect to existing
f~onsportafion systems? ....................... Yes X
12. Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance os o result of the
Yes X No
13. Will pro3ecf have any impact on pub£~C nea~ n Yes X .No
or.safef~? .........
~irecfl¥ causing o growth in permanent
population of more than 5 percent over a one
year period o__~r hove o mo]or negative effect
on the character of the community or Yes X No
d?
neighborhoo ...............................
15 Is there public controversy concerning the
· Yes X No
project? ..................................... · "
WICKHAM, WICKHAM & BRESSLER,
MAiN ROAD~ P.O. BOX
MATTITUCK LONG ISLAND
NEW YORk 11952
516 -298-8353
January 4, 1983
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Att: ~r. Gerard P. Goehringer
Chairman
Re: Application of John M. and Frances C. DiVello
Gentlemen:
Pursuant to your letter of December 29, 1983, we
enclose check to the order of the Town Clerk in the sum
of $50.00, representing the correct filing fee for the
above application.
Please file the papers immediately.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
Southold
MAIN ROAD-STATE ROAD 25
Town Board of Appeals
SOUTHOLO, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
December 29, 1983
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Application of John M. and Frances C. DiVello
Dear Gail:
This is a reminder that the above application has not
been filed inasmuch as the filing fee check is incorrect.
We are returning the $25.00 check and will file the
above documents upon receipt of a $50.00 filing-fee check.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
-y~/L~a~o~a~ ski
WICKHAM, WICKHAM ~ BRESSLER, P.c.
December 5, 1983
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of John M. and Frances C. DiVello
Gentlemen:
Enclosed are the following in connection with the above
application:
1. Application, in triplicate;
2. Notice of Disapproval from the Building Inspector;
3. Short Environmental Assessment Form;
4. Wetlands Letter;
Original Notice to Adjoining Owners with
Affidavit of Service thereon;
6. Five prints of the survey;
o
Check in the sum of $25.00, representing the
application fee.
If any further information is required, please contact us
as soon as possible.
Very truly yours,
/emu
encls.
To: Gerard P. Goehringer, Chairman Report No. 431
Southold Town Board of Appeals
Date: March 4, 1985
From: John W. Davis
Re: Appeal No. 3205 - John and Frances DiVello
Right-of-Way - Meday Avenue, Mattituck
Com~nents:
I inspected the proposed access today with Mr. DiVello as follows:
Access to Lots No. 3 and No. 4 from Westphalia Road will be in the
50 ft. R.O.W. of Meday Ave. The first 150 ft. in the R.O.W. has a
stable roadway, 15 ft.~ in width with a few minor depressions and is
presently used for access to two houses on the west side of Meday Avenue.
According to Mr. DiVello the 20 ft. width shown in Lot No. 3 will be used
as a common driveway for Lots No. 3 and No. 4 from Meday.
Recommendations:
1. Remove trees where access road makes right angle turn into property -
apparently no other clearing has to be done.
2. Length of new road construction approximately ~80 ft.
3, Width 15 ft. Widen road at the right angle turn into the property
and do necessary grading there to meet existing property elevation-
4. Removing topsoil probably not necessary (Test holes show 2"±).
5. Grade sides for width where higher than road
6. Place a 6" course of sand and gravel bankrun.
7. Place a 2" compacted top course of 3/4" stone blend on the bankrun.
8. To make the access road look uniform I would suggest a thin layer of
stone blend on the first 150 ft. of length.
There is presently available area for turning emergency vehicles in
Lot No. 3.
John W. Davzs