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HomeMy WebLinkAbout3303Southold Town Board o£Appeals MAIN I~OAD- STATE I~OAD Z5 SOUTHOLD, L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF Appeal No. 3303 Application Dated October 26, ]984 TO: Mr. Frank A. Field Frank A. Field Realty Inc. P.O. Box 631 Greenport, NY 11944 RECEIVED AND FILED BY AP~ ~ ~OUTHO~ TOWN Cr.~RK At a Meeting of the Zoning Board of Appeals held on February 14, 1985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III · Sections 100-3l and 100-30(A)[I] [ ] Request for Upon application of FRANK A. FIELD REALTY, INC., Box 631, Green- port, NY for Variances to the Zoning Ordfnance, Article III, Sections 100-31 and IO0-30(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, 59 and 60, and to retain an existing one-family trailer and one-family, two-story house on Lots 59 and 60; premises identified as County Tax Map Parcels No. 1000-48-03-20, 19, 8 and 9. WHEREAS, the public hearings on the application of FRANK A. FIELD REALTY INC., Appeal No. 3303, were held on December 13~ January 17, 1985, and January 24, 1985, at which time all testimony was received in behalf of this application and against the application and entered into the record for consideration; WHEREAS, the board members have personally viewed and are familiar with the premises in question and its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in the "A" Residential and Agricultural Zoning District, containing a total area of 22,526± sq. ft. and lot width(s) of 100 feet; 2. The subject premises is known and referred to as Lots 59, 60, 28 and 26 as shown on the 1909 Subdivision Map of "Greenport Driving Park" and is more particularly identified as District 1000, Section 48, Block 3, Lots 8, 9, 19 and 20; 3. The parcel in question is improved as follows: (a) the section known as "Lot 60" contains a temporary [one-family] trailer, (b) the section known as "Lot 59" contains a one-family, two-story frame house, an uninhabitable one-story frame house and part of another uninhabitable one-story frame house which is also (CONTINUED ON PAGE TWO) DATED: March 4, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOhrN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3303 Matter of FRANK A. FIELD REALTY INC. Decision Rendered February 14, 1985 located partly on "Lot 28" (c) "Lot 26" is vacant except for a small 7' by 9' storage shed located approximately three feet from the northerly and westerly property lines (d) "Lot 28" is vacant except as noted in (b), supra. 4. By this application, applicant is requesting permis- sion to construct a two-family residence to be located 35 feet from the front property line (along Brown Street), 154± feet from the northerly property line [along Linnett Street], 14 feet from the easterly side property line, and 22 feet from the westerly side property line; 5. The applicant-owner proposes to remove the two uninhabitable structures in lieu of the proposed two-family structure, and reference is made to the Map prepared by Roderick VanTuyl, P.C. October 19, 1984; 6. For the record it is noted that on January 22, 1985, the Southold Town Board granted the applicant-owner a 6-month extension for the existing temporary trailer on the premises in question. In considering this appeal, the board determines: (1) the granting of this two-family use for a total of three dwelling units on the entire premises [Lots 26, 28, 59 and 60] is not substantial since it is not an increase of the number of dwelling units which existed previously on this site; (2) there will be no substantial change in the character of the neighborhood which might be detrimental to adjoining properties since, although the number of dwelling units will not be changed, the buildings which are delapidated and eye sores to the community will be removed; (3) there will be no effect on population density which would adversely affect available governmental facilities since the density of dwelling units remains virtually unchanged; (4) that the relief requested cannot be obviated by another method feasible to appel- lant other than a variance since the two existing dwelling units to be removed exist in nonconforming locations; (5) that in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as conditionally noted below. NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3303, concerning property now or formerly of FRANK A. FIELD REALTY INC. BE GRANTED TO PERMIT ONE NEW TWO-FAMILY RESIDENCE AND ONE ONE-FAMILY EXISTING RESIDENCE, FOR A T--O-~-A~ OF TH-~i~EE DWELLING UNITS ON THE ENTIRE PREMISES, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire premises, consisting of Lots 28, 26, 59 and 60 of the 1909 Subdivision of "Greenport Driving Park," not exceed a total of three one-family dwelling units (which may be one two-family and one one-family structures; or three separate one-family structures); 2. That there be no division or set-off of~ ~l~L~-,~'~s~ subsequent approvals are made by this board and oth~o'6~ate agencies after formal applications accordingly), and these premises shall be deemed to be one lot in its entirety. Location of Property: East Side of Brown Street and West Side of Linnett Street, Greenport, NY; Subdivision Lots 26, 28, 59 and 60 of "Greenport Driving Park"; Suffolk County Tax Map No. 1000-48-3- 8, 9, 19 and 20; containing 25,526± sq. ft., more or less. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. This unanimous vote of all the members. Messrs. Goehringer, Grigonis, resolution was adopted by lk March 4, 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, JANUARY 24, 1985, commencing at 7:30 p.m. and as follows: 7:35 p.m. JOSEPH AND ARLENE [ESTINGI, 210 Fifth Avenue, New York, NY 10010, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage in the frontyard area at premises, 1t50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:40 p.m. HENRY J. SNITH & SON, INC., Main Road, Southotd, NY (R. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article II, Section 106-20 and Article VIII, Section 100-81, for approval of insufficient width (frontage) in this proposed set-off division of land located at the East Side of Peconic Lane and West Side of Carroll Avenue, Peconic, NY; County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREN KRUG, 200 Horror 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 Horror 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.  FIEL~ REALT~ INCt, Box 631, Greenport, NY for~ :oo p.m. F~RAN ~ Variances to the Zoning Ordinance, Article III, Sections 100-31 and j lO0-30(A)[I] for approval of the construction of a tw~-family house ~'z' (and retain a one-family dwelling on the northerly half of the ~ premises (Lots 60 and 59); premises identified as County Tax Map ~ /-~[~1" Nos. 1000-48-03-20, 19, 8 and 9; Greenport Driving Par~~ ~ l -'Subdi~_~vision Lots 60, 59, 26 and 28. ~ 8:t0 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 knawn as 3805 Soundview Ave~e~ Mattituck, NY; County Tax Map Parcel Noo 1000-94-1-20o 8:30 p.m. SERGE J. DOYEN, Box 263, Fishers Island, ~Y 06390 for a Variance to the Zoning Ordinance, Article Ii!, Section lO0-31~ Bulk Schedule, for approval of insufficient area and width of ~wo 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 E~ Kowalski~ Secretary (516) 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. ~; TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL File No ................................ To .... c. ·...~'~.. o.~ .¢..~.\ ...................... · ..~...~,-,...~..~.3'....~...~,..~.: ~..~ .~ .... PLEASE TAKE NOTICE that your application dated .... . .'~...~ ...C~...~..~. ....... 19 .~..~.. for penni, to construct .... t~'" ' '~' ' ' ' '~A~' ' ' '"~ ~'~' ' ' '~ '~' 't~t~'~" ~,-<trr / ~----- ............ at Location of Property .. .... . ..... ~~. ~ .......... .~>, ~.~.~.~.... noose no b'treet '~ Hamlet County Tax Map No. 1000 Section .... '..~..~ .~.... Block .... .~t .~.....',.. Lot .~.~..". g.~. %. ,'~,'~ .~ Subdivision ................. Filed Map No ................. Lot No .................. is retut-ned herewith and disapproved on the followillg grounds . .~. ,~'L~...~.'~i .C~ ~' ..... . ...... ~~.. Building Inspector FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,.N.Y. - - NOTICE OF DISAPPROVAL · g o .~...~ .~.~...~...~,..~ ~..xq..~ ..... PLEASE TAKE NOTICE that your application dated ... ~ ........................... ~a~o~ o~o~ ..... ~ ..... ~. ~ ..... ~.~~ ........ House No. Strut ~ Ham/et County Tax Map No. 1000 Section ...q.~.~ ...... Block .. is retume~herewith and disapp ' ~ grounds. ~~. ~. ~. · . ..... . ........ _...__:_~ ~~ ............... .u ~.-.~...o~...~...~~~..q..~.. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, ..TOWN OE SOUTHOLD; N.Y. ,, (We~ ..~,.~.~..z~..,k,.~..~:~-:......~.z:..e~...~.~z ................................. Name of Appellant Street and Number ................. ~ ...... HEREBY APPEAL TO .......... ~.~.~ ......................................... ~ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~.~ ...... A.~;..~.~.......Z...~),/~'~ ,.6lame of Applicant far permit o, .............. ~..~.;.~,~.~..l .......... ~~.~m.r.. ........... ~.;..~.<.. ............ Street and Number Municipality~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~) PERMIT TO BUILD ~. LOCAT,ON OF T~E PROPERTY ..... '"' --~~.~'.~.~...~.~.....~--.'~.~:~.~.~ ........ Street and Hamlet ~ ~Zone /v~op No. Lot No. ~ / ~ DATE PURCHASED: '' ....... ~' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub- ~%~;'~, section and Paragraph of the Zoning Ordinance by number. Dongt quote the Ordinance.) ~rt±ole ~Z~', ~ion /_~ ~ ~3 ,~. ~ ~27~- /~/~ --3 / 3. TYPE OF APPEAL Appeal is made herewith for (&"~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art. ]~ Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that we ~ould like Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce proctico[ difficulties or unneces- 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 3 The 'Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ~.~ ~/' COUNTY OF ) ' Signature Sworn to this ~i~ ~ day of.. Notary Public TOWN TOWN OF sOUTHOLD CLERK'S OFFICE $OUTHOLD, N. Y. Examined ! ~-/-- 19.....;.. Approved ..................... '.%./....,......, 1 ........ Permit Application No.....~.l..,~Ztf~.~.e,~ ........ '29 OUTSIDE OF TOURIST CAMP. Date ...... .~.Y.....~.~.;. ........ ~., 19...~. "To'~n CJer~ So,~fho[d b. d. Instructions This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Town Clerk. Plot plan. showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property and proposed location of trailer must be drawn on the diagram which is part of this application. Upon approval of this application, the Town Board will issue o trailer permit to the applicant Such permit shall be kept on the premises available for inspection. No trailer shall be occupied or used in whole or in part for any purpose whatever other than specified Jn permit. Application is hereby made to the Town Board for the issuance of o Trailer Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations. The applicant agrees to comply with all applicable laws, ordinances and regulations. (Signat did ~ .4~ .. M~,,J.,U ..~ ~.~ ~.'~., .,.Gz'.e e~p~z:~:.,...,~. ~ ...... ~1944 (Address) State whether applicant is owner, lessee or agent ....... Q~YX%~,I: ...................................................................... Nome of Owner of premises .............. gs~r...G~l~in. ............................................................................. If applicant is corporate, signature of duly authorized officer (Name and title of corporate officer) 1. Location of land on which proposed trailer will be located ...... ~.oJ;...~.~...Gr.e.~DD~&...gz'.i.~J.n~ Street and number ...~rk~..~/.3 .Linne.t..~tr~e.t~..~r.~e~p~r.~T..N,..Y. ....... A.1.944 ............ State existing use and occupancy of premises and intended use and occupancy of proposed trailer: o. Existing use and occupancy .......~zT.. .......... P..D,.C...;~.~'...d~,,f~.~L~Jn~ ............................................ b. Intended use and occupancy ................ s~.m~ ................................................................................ c. Period of time trailer is to be located on premises .............. D..,,a(~t~%,~s ..................................... Fee .......... ~2~5_G0 .............. ~ ..... (To be paid on filing application) Dimensions of trailer, length ........ .~Q.'. ............. width .................. 82 .......... height ........... 8.:.....~ ..... Registration Number ......................................... Serial Number ........... ~...4.1Q.(~t]. ...... ;. ..................... 5. Size of lot: Front ....... .5.~. ................................ Rear ..........~.0. Z ............... Depth ....... &£0.[ ............ ~o 6. Dote of purchase or lease of land ......... l~e~.emb~.~:...],9~8 ................................................................ 7. Zone or use district Jn which premises are situated ............. ~[.~[ .................................................... 8. Does proposed use violate any zon,ng law, ordinance or regulation? ....... ~P. 9. a. Method of Sewerage disposal ...... .~.QD.]. b. Source of Water Supply ......... ~..~.~..~.~....o.~...g~.~.O.~p. qZ'.T, c. Source of Electricity .................. ~&g~...q[...g~e~p~ PLOT Locate clearly.and distinctly all buildings, whether existing or proposed, and indicate all set-back sions from prope~ lines. Give street and block numbe~ or description according to deed, and show street names and indicate whether interior or corner J~t. Indicate clearly location of proposed trailer on prem- ises, showing distances from ail buildings and proper~/ fines. (Original Plan On File) STATE OF NEW YORK ~ COUNTY OF SUFFOLKjss' ............... .O..~.g.~,?.....G..~.~,.~l~. ............................................................ being duly sworn, deposes and says that he is the applicant named above. He is the ............. ~.~.. ........................................................................ (owner or lessee or agent) of said owner or owners, and is duly authorized to make and file this application; and t~at ali statemen~ contained in this application are true to the best of his knowledge and belief; and that the trailer will be located in the manner set forth in the application filed herewith. /F Sworn to before ~e th~s ................................ do,~ of ~ .~ . (N~ P~) ~TANLEY ~. CORWlN NOTARY PUBLIC, Slate ~ New Yo~ ~ff~ ~n~ No 52-5~264~ ~ i STREET PROPI tTY CArD VILLAGE E ACR. S W TYPE OF BUILDING N~V AGE FARM Tillable 1 Tillable 2 TilJable 3 :W~dland :Swampland ~Brushland House PSat Total SFAS. IMP. NORMAl_ Acre VL. ~/! :ARM TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Value Ac re :OMM. CB. MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK FOR.M.~F.R OWNFR . - STREET N VILLAGE E S RES. ~. t ur) S~S. VL [FARM COMM~ CB. MISC. Mkt. Value ACR. suB. LOT W TYPE OF BUILDING AGE BUILDING CONDITION NEW BELOW ABOVE FARM NORMAL Acre Value Per Ac re Value Tillable 2 Tillable 3 Woodland Sw~mpk:nd FRONTAGE ON WATER Brushland Hous~ Plof Total FRONTAGE ON ROAD DEPTH BULl<HEAD DOCK Li NNIF ,OE, 00,00 32 30~ C:') ,PON ;" APPEALS BOARD MEMBERS GERARD P, GOEPIRINGER, CPlAIRMAN CPlARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH PI. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 4, 1985 Mr. Frank A. Field Frank A. Field Realty P.O. Box 631 Greenport, NY 11944 Illc . Re: Appeal No. 3303 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Suffolk County'Planning Commission Kowalski JUDITII T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 20, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold, New York 11971 Dear Jerry: With reference to previous communications with your office and conversations pertaining to the trailer permit on the south side of Linnett Street, Greenport, Greenport Driving Park, Lot 60, formerly owned by Oscar Goldin, please be advised that upon application of Frank A. Field, President of Frank A. Field Realty, Inc. the Southold Town Board at their January 22, 1985 regular meeting granted a 6 month extension for this trailer. Very truly yours, Judith T. Terry Southold Town Clerk SOUTHOLD COMMUNITY DEVELOPMENT AGENCY 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1892 James C. McMahon Administrator October 29, 1984 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Gentlemen: I am in full support of the proposal of Frank A. Field Realty, Inc. to build a two family house on Brown Street, Greenport. The Town of Southolds Community Development Program has renovated many of the homes in this neighborhood. (See attached map.) Mr. Fields proposal will be an important step in further improving this neighborhood. Very truly yours, · McMahon Administrator JCM:ip Attachments PHOhlE ,'51 E i' I;:RFiI'qK ~. FIELZI REFIL'T'Y I'nc. P.O..~',F.j).:; 631 GREENPORT, NEH '¢OF.'.K 1 1 D44 ';:~ 77 '"' 2 ,ri. ~l ~; .~[ ;3, In i.I..].~, r 13e'rlt !. e'.r,'le'rl; add i '['. i ,:,'ha. l i 'r'd:"orrr~a,'b i or; o'n Fl,',~:t'r~k 19. F i e l d 'Rea l t~ I 'n,:. I'n 1D'21 I'nz~ wit:"e a'nd r,'~sel? ~.t. arted Pu. rcha--,.i'ng prlOpePt'4 ar.:J hou. me~ i'n the ',,,'illage of' Gree'nF'ort a'nd the Tom,m ,::,? Shou, t. ho'[d,, this i'nctu, ded ,::,u.r Prese'nt horqe at ,3S r'liddleto'n Rd. i'n the Tow'n c,? Sou, thold (6ree'nPort F'ost O.F'? :L ce ). II] 1:~83 o'rl ,it.d',/ftCe O? Ou.P FtccoiJ.'rlf;.,,,~.'nt,, a'r'id ou, r. I:~ti:,,::,r.'l'~6.~ I,,JE' 2~e"~. U.P a cc~r'~b(;)r,~4, t:ic,'n to:, hal]rile, ou.r ',.,'arl~olj,~ Re.~.T E2.'l:.a'be hotdi'r~9$ he're ai'~d e'[sewere,,M2~ wi?e aiqd I i 'r,:c, rP or'....',.t, ed u.'r'~de~ .... F'ra'r$.: FI. F i,='l d Rea t t.~ I'nc. "· Ne are the sole stockh,:,lderz. He ha',/e i'~] the Pa:~¢'. ,::Ot.:i'F[LLalt~ i'Fp/est3a:'(j i'ri u.P i'F~st.~.lli'n9 Ce'¢rbr..~.t He.:~.'.I:,i'F~9 IJ'r~its J.'r~Place o? SPace Heat. r~.rs, It. is becau, se o¢ this desire t.o ir,'~Prove hc,..i, si'n'~l u.'n:itz ., we have r. eq~.(e:~.'ted thi.::. Z!,:,'r,i'n9 ',/ar"i.~.'l"lCE', Fttta,:he,:~ t.o th i's l ~i't t er, i:=. o~.).r', l, e'bt::..er tc, t. he T,::,w'n C 1. erk requ. e~.~i'reD a 'rQ~.l'q~-;' cha'r'¢.De oil the Trailer Pepr,iiC L i 'l'l'l'le'l,~ .., ~.. E~t"'e¢~"l"l[:' or'l::.. I ¢' ::¢ '] ,,, 2:~ h 0 u. l (:J 'R 6: E' ,:J f" U. r t h E'l" i '1] ~¢' 0 i'"' r,'l a t i 0 'FI P l ~' D ':.~ 6' 1;' ¢~' e l 'F'I'" 6' e '[;iD (::o'l]t~l. C21:; rrle. PHONE (51E;) F'RFIhlK FI, FIELD RERLTY I'nc. F'.0. BOX 6:31 13F:'.EENPORT., NEW 'y'CIRK 11944 477"-2433 Ja'nu. Ar.u 17'., 1985 ]"ow'n C l er'k ":~. 0f'f'i ce Tow~', of' Sou. thold Rtt'n:M's J,Terr2¢ Town Clerk RttAched to this letter is An a. PPlicAtio'n f'or A 'T'r.,:4. iler F'er.r¢dt ¢,:,r. A trailer, located at 71! Li'rmet Street Oreer~Port N,Y. This tra. iler' $s. cu. rre'r~tl'.~ ¢_overed b A Tr'Aiter' PerMit i~su. ed to Mr. 0'~cg.r' 6old&'n o¢ Or. eer, Por. t N. '¢. This Pr. oPer. t~¢ ,,,)a~:~ or.i'i~i'nAl,, Pu. rchA'.'.:.ed b~ Fra'nk ~ Field .Fr'.or~'~ Mr 0scar Ooldi'n a/nd WAS su.b,iect to Mort. gag**, to Mr.goldi'n. The r-'roPert'..~ w¢a.s tra'nsf'eped to Mr. Field o'n March 22., 1D75 who i'nt.u.r'n trA'nSf'ered the Pr. oPer. t~ t:.o FrA'nk R. F:Letd Realt.~ I'nc. o'n Ma.r(:h 17, ~D84. Mr. Ooldi'n kept the Trailer Perrqit i'n his 'nar,',e to i'nsu, r.e that the F'e.r.r¢~i~ was r.e'newed ¢,'n time As he was holdi'n9 the r¢~ortgAge o'n this Pr. oPert.'.4. 0'n ]}et:ember. 31,1984 ,~.ll r¢~or, tgg. ges he'Ld b~ Mr. were PA~d of'f' ~'n f'u. tt.Theref'ore w~ll aou. Please aou. r' r. ee. or.d¢ to show tlqe Tr.~.~ier. Per. rq~t &'n the '¢,Arqe of': Fr..:¥nk R.F'&eld F.'.e.:~.lt'..¢ P.O,Box 631 Gr. ee'nPort. N,Y. ~1 If' '-JoLt sh,:,u, ld 'need f'u. rther i'nf'or~,'~Atio'n Please Feel f'ree to c:o'ntact me. You. rs Tr'u. 1,¢ Fr.a'nk R. Field Preside'hi Frank F~. Field R~::'A l t~ I'nc. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals RECL'IVED HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 TO: FROH: DATE: SUBJECT: Office of the Town Clerk Jerry Goehringer, Chairman December 14, 1984 Trailer Permit S/S Linnett Street, Greenport Greenport Driving Park, Lot 60 Last evening we held a public hearing concerning premises currently owned by Frank A. Field Realty, Inc. which consists of four subdivi- sion lots of the Greenport Driving Park Map, Lots 60, 59, 26 and 28. In researching the history of these properties, it appears that these lots have not been held in single and separate ownership since about January 1973. We understand that there is a trailer permit on part of this property (Lot 60) and request a copy of same for our records. The owner of the premises, Frank Field Realty, Inc., has requested a variance for permission to establish a two-family dwelling structure (in lieu of one building damaged by fire and another structure presently used for one-family occupancy), in addition to retaining the structures on Lots 60 and 59; and this matter has been recessed until our January 17, 1985 Regular Meeting for further research and inspections. We thank you for your assistance in this matter. TOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD, N. Y. SINGLE TRAILER OR HOUSECAR LOCATION PERMIT Date ........ Augu~t.~%,...1984 ............................... Town ....i'.......G..r..e...e..i?,~. 9.~'.~ .,... [.~.W...~.O.[~ ....... .]-.~ 9.J~ .~.. .................................................................. Your application for a (single trailer) 01r~c~e~) permit was reviewed by the Town Board on .................. J.u.].~'...3J., ............................... , 19.8.4.., and (was) (~) approved. A permit is hereby issued to locate a (single trailer) (housecar), license number ........................ or serial number ............ E~....~.'I g.6~ ................. at .~a&...~.BD...Oz'.e.e~.po~.~..~z'.i~.itlg..p.~,;'k ...s...o..u...~.h....s..t..~.e.....o..?... ~..t..n..~ .e. ~....?..t. ~..e..e..t..,.....q ~..e..e..~ g..o.~..t. ~ ...~.e..~...~.o.~.~. .................................. pursuant to application dated .................. .Ju.].~...22~..j.B~ .......................... and the following conditions: ....... .P...~..R...M. ~..T... ~..E.]~ )q~E.~....F..~.~,...~. ]~..X.... ~..6.. ).....M..0..N...T..H.....~...~..R...~..O..D.. ................................ .......................... ~p..z. ~..A~..z..o. ~ ..~..A~.~ .:. ....... .~A..~.~.~...?.~.,....z..~ ~.~ .......................................... TOWN BOARD, TOWN OF SOUTHOLD / so ,_%TF4 E E ~- Boar(] oI Appeals To~n oI Soulhol~l I~IAP OF Pi4C)P~ i:Ci'-Y SuP. vEx?ED F:Oi2. SCAL~ - DO = i ZBA-12/13/84 Page Nine #3304 - At 8:20 Application of MARGARETtlt'] D. CLEMPNER was withdrawn at her request. #3303 - At 8:15 p.m. a Public Hearing was held in the matter of FRANK A. FIELD REALTY~ INC. for a wariance to construc~ a two family house in lieu of two existing struclures, li~ff©~k County Tax Map #1000-48-3-20,19,8,9. FRANK FIELD: Gentlemen, my name that's proposing this. I have a October 26th, which I think sums any questions or whatever. is Frank Field a~{] I am the one letter I sent to the Board dated it up, but I am here t~ answer CHAIRMAN GOEIIRINGER: We are so:uewh~,t, I am somewhat, let ~ne say this, what can you tell me, Mr. Field, what i:~ legal there arid what is not legal? What do you have c/o's fo~ on the houses in there? FRANK FIELD: Well those hodses were built many, many years ago before there were c/o's. CHAIRMAN GOEHRINGER: DO you have ce) tifJ.cate:~ el u::;e ,~n any of those houses, on the trailer, on the two .,;l:ory frame; hoqsc? FRANK FIELD: The trailer has a trailer permit from ~he Town. CIIAIRMAN GOEHRIN ~ER: Which is renewable? FRANK FIELD: Right. CHAIRMAN GOEHRINGER: Now, assuming the two story fram3 house on Linden Street, is that being occupied by one family now? FRANK FIELD: Yes, it's just one family. CHAIRMAN GOEHRINGER: So, we assume there is som~ody in there nOw, so a certificate of use could l,~ gotten? FilANK FIELD: Right. CHAIRMAN GOEHI4iN(;ER: What abot~t th~' othe~ ~wo h,~u!;e.~;, i~r,. !hey 1 i vable ? FRANK FIEI.D: One homqe }lad a f:i~(~, which proposal. CHAIRMAN GOEHRINGEk: ()kay. ZBA- 12/13/84 Page Ten FRANK FIELD REAI,TY, INC. HEARING - Continued. FR'NK FIELD: The other house has a tenant there and has been cd~tinuously rented for over ten years. CHAIRMAN GOEHRINGER: Does the house that burned or is burned is that the one to the east? FRANK FIELD: That's correct.. CHAIRMAN GOEHRINGER: And it straddles both property lines? FRANK FIELD: That's correct. CHAIRMAN GOEHRINGER: So basically you would be taking that house down, plus the house next to it, which has been rented for ten years. FRANK FIELD: It has bee~ Nented for ten years. CHAIRMAN GOEHRINGER: And th~n placing this two family dwelling on the south property? FRANK FIELD: Right, facing Brown Street. CHAIRMAN GOEHRINGER: Is there any specific reason why you don't want to rehabilitate the house that was destroyed? FRANK FIELD: Those houses, one house is on locust posts and the other house is partially on locust posts and par- tially on a foundation, to rehabilitate, I would like to do it right. It would be very expensiv~ to rehabilitate the one that had the fire. And the thought was instead of putting money into something that was half on lucust posts and half on a foundation, why not make a proposal to the Town and the Zoning Board and say, hey we get rid of two old houses and get one nice one. CHAIRMAN GOEHRINGER: }las the house that had the f~;e been destroyed more than 50%? FRANK FIELD: I would say no, but this could be argued. CHAIRMAN GOEHRINGER: Have you ever entertained the thought of moving just those two structures over Onto the separate lot? and rehabilitating those? FRANK FIELD: NO I haven't looked into that.. I just thouc~'ht new construction would be better because you have proper insulation, latest wiring code, right number of outlets. ZBA - 12/13 Page Eleven FRANK FIELD REALTY, INC. HEARING - continued CHAIRMAN GOEHRINGER: Thank you. Let's see what develops throughout the hearing. Is there anybody else who would like to speak on behalf of this application? In favor of this application? Anybody like to speak against the ap- plication? Kindly state your name. PAUL DINIZIO: My name is Paul Dinizio, residing at 637 Brown Street, Greenport, New York. I just haw~ a ~ew questions for the Board. Was there a special exception granted in this application? CHAIRMAN GOEHRINGER: The question is should b~,, and I am not correcting you, the question should be was there a special ex- ception applied for, No. PAUL DINIZIO: Okay. Has the site plan been approved by the Planning Board? CH;IRMAN GOEHRINGER: I would say that's In~ector to make that detenmination. PAUL DINIZIO: That was iny next question, Permit been granted or approved? up to the Building has the BuildJn9 CHAIRMAN GOEHRINGER: No, definitely not, it had t{; b~ brought before this Board first. The only thing I car, rea,3 to you is a disapproval, part of the legal notice which I read, if I can find it here in a second. It says "Please take n(,tice that your application dated October 17, 1984..'hnd refers t(o the permit number and so on and so forttf~las h{~r(:with beer~ dis- approved on th{~ following grounds, Article 3, <' ,~ .~cctlc)n 100-30A-1 and 131 bulk and parking variances required by th(~ ZBA to allow a two family dwelling on undersized lot." Now that's the only thing that precipitated this particular application. I will ask tile Building Inspector why a special exception is not required in this particular case? ' VICTOR LESSARD: A two family house is permitted in an A-zone provided you meet the criteria set down by tile code book. There's no special exception required for that. A :3pecia] exception is to allow something in an area that's not allowed to be there. We are talking about a house iii an A ;:One that is permitted. Now, the catch is a requirement set down by the Code require a variance which can be inet. Thaf's ,,;hy you are here. PAUL DINIZIO: I ask you, Mr. Lessard, why Appeal #3198 was denied by the Building Department? I am speaking on beh,~lf of my wife. ZBA-12/13/84 Page Twelve FRANK FIELD REALTY, INC. HEARING - Continued CHAIRMAN GOEHRINGER: You are referring to the application around the corner where the buildings were move(] on to that property and... PAUL DINIZIO: Yes, Mr. Chairman. CHAIRMAN GOEBRINGER: tle's referring to the buih]ings that.. VICTOR LESSARD: This Board acted on it. I certainly haven't got the right to tell this Board what to do, sir. CHAIRMAN GOEHRINGER: No, no, he's saying, I believe he's saying that .... PA~L DINIZIO: Excuse me, Mr. Chairman, can I read this.. CHAIRMAN GOEHRINGER: Let ,ne clear this so he understands. When Second Street Corporation was given those buildings, and I believe the Co~nunity Development Director in G~een- port was involved or our Community Development Dir~.~ctor was involved. They were moved on to the property, I assume, of your wife? Is that what' you are referring to? lie is saying that a special exception was then applied for and denied for a two-family use on the... VICTOR LESSARD: I beliew? the area that the house wan put was a business zone. Again, I don't know, I hdw~ ~3enc through a thousand cases. But I am pretty sure it was in a business area and it didn't belong in there, that's why ti~e spec,al exception. PAUL DINIZIO: Well, anyhow, in the actions of th~ boa~.d that my wife had received ...it states here that the ]3uilding Depart- ment disapproved the application. Okay, ther(~'s a couple more things, too. Why myself and my wife and i :~I>eak behalf of my parents, my grand,nother and my brother also, that there is not enough lot area for a two famJ ].y. hob!se. I don't know of any other two family houses in the area, from the tracks to the bay. I might be corrected on ~hat, but I don't know of any. And anoth,..r reason is brother and I have spent thousands of dollars trying te solve a drainage problem on that street. All th~. wat~ r from Linden Street, Brown Street comes through ~ither Mr. Field's property or dowu Seventh Street and ends up lying between both of our properties, which sometimes floods my brother's basement out. So I think that thi~ is a consideration that the Board should solve before letting something like this go through. I mean, we spent of dollars building a house. We have spent thon~ands of dollars trying to prevent the problem of flooding basement, or our own money. The Town has helped by putting some drains in, but it is just not enough; it just doesn't handle the water. That's about it. Thank you. CiIAIRMAN GOEHRINGi~R: Anybody else like to speak against the application? Mr. Field, wi~n I was dowtt tn tile p~ope~y, I did not attempt to gain access to any ul~.~ of tiit~se structure.~ ZBA - 12/13/~ Page Thirteen FRANK FIELD REALTY, INC. IIEARING - Continued CHAIRMAN GOEHRINGER:- Continued because I assumed that the trailer and the two story frame hou~e in th~ front were in- habited. I did not know that the other two houses, one of which is and one of which is not, and in the hou~e that was burned, is entry able to be gotten ill that particular dwelling? FRANK FIELD: Yes, we have a padlock on it, and we have it all sealed up. We can make arrangements. CtlAIRMAN GOE}IRINGER: Supply us with a key to that or make arrangements tO meet us there sometime, so we may go back and reinspect that? FRANK FIELD: Sure. CHAIRMAN GOEHRINGER: I can't tell you with the holidays right now, but it will probably be sometime in the latter part of December right after Christmas. Maybe that Sat%~rdDy Christmas week or the following Saturday after New Year's, but we will get back and ingpect that. FRANK FIELD: Do you have my phone number? It's 477-2433 and I have a recording there so if there's no answer, 3~st let it ring and leave a message. Cti~ I~IAN GOEHRINGER: Very good. Thank yeti. Yes, si~~. JOI~N DINIZIO: On the building he was talking t~ Mr. Fi ~ld about, the burned out one, after the fire I believe my father came up here spoke to the Building Inspector and lie promised my father that the building would be torn down in thirty (30) days and we are now talking nine months ago. CttAIRMAN GOEHRINGER: I am aware of what you are rc~erring to in reference to the difference to the special exception that you had mentioned and this particular application. I believe and I am not speaking for the Building Inspector and ~;hat he is in fact interpreting as being almost trade between the two dwellings into one dwelling, as opposed to the actual special exception. Remember the minute the building on Second Street Corporation severed from the land, it became personal px~operty, so that when it was moved, even though it was a two fam].ly structure, and when it was moved onto your wile'a, pro[~crty, it then went back to a one family structure, ~nd because of our specific requirements, whcih are extremely, ¢~?~tremoly stringent in this Town on two family dwellings, they ~quire 160,000 sq. ft. or four acres and there zs no varyinq ,~>f that. That is a special exception and you cannot var) ti~at. ~robably the reason the Building Inspector had interp~<~ted it in ti~at manner, just so you understand that situation. I hope you dc). ZBA 12/13/84 Page Fourteen FRANK FIELD REALTY, INC. HEARING - Continued PAUL DINIZIO: Is it all one piece of property rJght now? Such as my wife's property, I looked into the ~3robability of building three houses, which because there were three lots and I was told that since it was owne~d hy the satire person for so long, that it became by tt~e ~own, which department I don't know, iL became one [~a~ce] of Land, because it was owned by the same party. CHAIRMAN GOEHRINGER: I think to answer your fi~,~n question, that's the reason we are going back to do the in.~i~ection. If the building is destroyed more than 50% eL t~.? aggregate value of the structure Jtself and I am no[ rc]~:rrin.] to it as a dwelling, I ant referring to it as a .~tructur{~, because we assume it is not a dwelling until the Buildin<] Ins[~ector so indicates that it is, and that it ha'.~n't been burned more than 50%, then basically he only has 3 dwellings on this particular piece of property or two dwellings and a trailer. TO answer your other questions, I assume that the entire four parcels of 26, 28,50 and 59. are all in one n~me, is that. correct? So they are in effect, olio lot. PAUL DINIZIO: So, in other words, according t.~) ']'~,wn zoning if the lot was vacant, all four lot~.~ were vacant and owned by the same person only one dwelling could go <~n tlc. at? CHAIRMAN GOEHRINGER: That's correct. I:~ there anything that you would like to add, Mr. Field? FRNAK FIELD: The only other thing there is anothe~ two family dwelling in the area. Just one that I know of, ,.~hicb, 1 own, which is 621 Linden Street, which i~ right arcn~nd t~e corner and I purchased it as a two family house way r~,a?: ab<)~t 7 ~'~' 8 years ago. CIIAIRMAN GEOHRINGEB: Before you sit down, thJ~ !,<.Lsi} /y coald require a special exception. I will have t(~ st:e i~o',.~' ~L~ inLer- pretation goes after we do the inspection. [ ~un ~at],c~ c<~n- cerned howeve~ , with the fact that we ar~ getting to [.~e holi- days, I don't want to turl~ this applicatiof] out of time, so I am going to ~sk,with the Boul~l's ~n]~]igence that we recess this hearing ~nti] the second ~[~.~tir~% Jn .January, whJ,-h is th,~ January 17th ~'.~ting, ~o that J~ ~.~) h~vc further input yo~ fei. lows can com{~ i,<~ck and giwz so ~c are iuliy aware of everything theft goe..~ on ho~e. if I close thc hearing, I can't t~ko any mo~2 in?it and th~ ' 3 the reason I would like the r~ce,~;s. So, i will m-~k~z tf~t motion to the Board. Thank you gentlemen. Southold Town Boar~d of Appeals -7- Decel 20, 1984 Special Meeting The Chairman briefly discussed the matter of Home Occupations and whether an investment broker had direct relevance. An opinion has ben sought from the Town Attorney, and the Chairman indicated that this matter would be further discussed for elaboration at the Regular Meet- ing in January to allow the board members time for consideratinn. It was noted that an interpretation for "real estate broker" was disallowed by this board under "Home Occupations," Article III of the Zoning Code in the "A-Residential and Agricultural" Zoning District. APPEAL NO. 3318 - MEENAN AND LEONARDI. Review of this File was made wherein the applicants propose a re-division of land at Reydon Drive, Southold. It was the consensus of the board that this matter be held in abeyance temporarily pending review and comments from the Southold Town Planning Board and pending an on-site inspection by this board. This property is part of an October 1936 filed Subdivision of "Reydon Shores" at Southold as filed in the Office of the Suffolk County Clerk. CHANGE IN SECOND REGULAR MEETING FOR JANUARY: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the Matter of Appeal No. 3303, FRANK A. FIELD TY, INC. which was held for public hearing Decembe~-13, ]~B~-~ ssed~til January 17, 1985, BE AND HEREBY IS RE-SCHEDULED to ~con~ened on Thursday, Januar~ ~I~ ~-~ s--~-~-~-~-d---~-~5'F~-r Meeting of this ooard; and it is ........ ~ FURTHER RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of same in the local and official news- papers of the town, to wit: Suffolk Times and L.I. Traveler-Watchman, accordingly. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolu- tion was adopted by unanimous vote of the members present. PUBLICATION IN "THE DAY PUBLISHING CO.," Fishers Island newspaper: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of hearing for Appeal No. 3313 in "The Day Publish- ing Co." newspaper (or alternative 'local paper for Fishers Island residents) which has been scheduled for January 24, 1985. ZBA 1/24/85 Page 5 KRUG HEARING CONTINUED CHAIRMAN GOEHRINGER: - continued...up to the preseht energy codes? What does a person do with a garage floor, do they break this garage floor up or do they insulate over and above it, what do they do? MR. LESSARD: It depends on how it is desigued. You may need a firewall. If he were to change it into living quarters, chances are he would have to put 18" of crawl space underneath it. Again, he may have to remove all the cement and go down a foot, I don't know. I will have to study it; what he p~.opoaes to do. CHAIRMAN GO!"dIRINGER: Okay, cation should include that department be gotten? so that the granting of this appli- an appropriate building permit from your MR. LESSARD: Yes. CHAIRMAN GOEHRINGER: Thank you very much. Hearing no further questions, I make a motion closing the hearing, reserving decision until later. ~3310 - At 8:00 p.m. a Public Hearing was held in the matter of GARY DOROSKI to locate accessory storage building in area other than rearyard. CHAIRMAN GOEIIRINGER: Would someone like to speak in favor of the app1 ication? Anybody like to speak against the application? Questions from Board Members? How do you want to treat this ap- plication, gentlemen, bearing in mind that Mr. Doroski has not come to this hearing and we don't have the approximate distances that he is proposing? I will suggest to the Board that we close the hearing on this particular application and that we send Mr. Doroski a letter indicating approximate distance from the private road referred to as Monsell Lane, and I am not talking about the south side of the house, which f believe we have a dis- r. ance of 18', sorry 31'; I am talking about tht; north side of the house, which is near Conklin property, which ai,pears to be a little bit farther. So, I will close the hearing on that basis. Ail in favor. #3303 - at 8:05 p.m. a Public Iiearing was held in the matter of FRANK FIELD REALTY (Recessed from December 13th). FRANK FIELD: I think I answered everything at the last hearing, but I am here to answer any questions you may have. I think it will be an improvement to the area, the community. CIfAIRMAN GOEItRINGER: As you know, Mr. Lessard and myself were down last week and we did go through your building and we thank you for being there. It is my understanding that this week the Town Board has renewed your trailer permit? ZBA 1/24/85 Page 6 FRANK FIELD REALTY HEARING Co~:tiuued FRANK FIELD: That's correct. CHAIRMAN GOEHRINGER: Yeu have given us a copy of a letter in the file where we asked the question of who was the actual owner of Frank Field Realty and you informed us that you and your wife are the owners of Frank Field Realty? FRANK FIELD: That's correct. We are sole owners. CHAIRMAN GOEIIRINGER: I don't have any other specific questions. I know there was some concern from the neighbors across the street concerning water runoff. Would you elaborate on that for us? FRANK FIELD: While you were there, I mentioned I would be willing to remove some of the soil, lower the grade down a reasonable amount to conform with the level of the road, if that would be satisfactory to the neighbors. CHAIRMAN GOEHRINGER: I thank you very much. Anybody else like to speak in favor? Anybody like to speak against? ANTHONY DINIZIO: Sorry I didn't ~nake the first hearing. I am one of the first ones who built on that street and know the situation that is at hand and everytime I had to come up to this Town Hail, I got the runaround. In fact I almost got kicked out by this man last time I came up. He wouldn't answer any of my questions. Iwould like to express my feelings on this. The neighborhood, we have had promises, promises, promises over the last 6 or 7 years and nothing has been done. The water situation over there has just worsened and worsened. Everytime someone builds a house, including my sons's two ]louses, it has worsened the water situation, i don't like getting up three o'clock in the morning because I got a phone call, my cellar i~ full of water. And Mr. Dean has been more than fair with us about trying to divert the water. The situation is out of hand. My son has spent all kinds of money and I have spent all kinds of manhours trying to divert the water out of his cellar. I think it's the Town's job now to do something about this water and I would like to rest my case right there. Naturally the more hous~ you put up in the area, it worsens the water situation. He's been flooded out half a dozen times and I don't think it's right. I mean, you give him a building permit to build, somebody should go over there and look at the water situation and I am sure Mr. Douglas knows what it is all about because he helped grade the place. ZBA 1124/85 Page 7 FRANK FIELD REALTY HEARING Continued CHAIRMAN GOEHRINGER: Would the suggestion that Mr. Field had mentioned help your situation? ANTHONY DINIZIO: That won't help one bit, because the water comes from all over. I have been living ther for 35 years, and believe me, I know what I am talking about the water. CHAIRMAN GOEHRINGER: What are you basically saying would help your situation? It probably has nothing to do with this application. ANTHONY DINIZIO: The more houses you put up, the more water you are going to get, because you are taking away from .... what it needs is someone has to put a sump in somewhere, to take care of the water. I would think that would be first thing on the agenda. Get rid of the water first, then you could build up the rest of the lots with houses, but let's get rid of the water situation first. CHAIRMAN GOEHRINGER: Can I just ask you one question? I believe your son had asked about the moving of the two houses of the 7th Street Corporation to 2 lots around the ~rner from your piece, how they were turned down for a 2 family house. What we are looking at basically is an improvement situation to this particular area and I am just trying to get a handle, and the Board is trying to get a handle on the specific application tha%/ gentleman has brought before us and that zs, would this construction of a 2 family house in this particular parcel help your area or hinder your area? Now, you are telling me from a water point of view you feel it's going to hinder the area. ANTHONY DINIZIO: Definitely. The man, Mr. Fields, had me over one day, we had a very nice talk and he wanted to fix up the place he had. It's there, but yet, not, this man says you can't do it. Why can't he fix up his own place? If you make him tear that down, and put up two more houses, you are worsening the situation, you are not bettering it, asfar as law goes. CHAI~iA~ GOEHRINGER: I think he wants to construct a 2 family house? ANTtlONY DINIZIO: That would be worse yet. CHAIRMAN GOEHRINGER: I thank you for your opinion,and I hope that your water situation improves. Is there anybody else who would like to speak against the application? PAUL DINIZIO: I would like to speak about this 7th Street Cor- poration if you have any questions on it. ZBA 1/24/85 Page 8 FRANK FIELD REALTY HEARING Continued CHAIRMAN GOEHRINGER: I have no questions on it, I know you mentione¢ it the last time. PAUL DINIZIO: Yes,my name is Paul Dinizio, 637 Brown Street, Greenport. There is one thing I would like to say about it, okay, now my wife and I invested in this venture for the sole purpose of making money. I am sure that's why everybody invests in some- thing. I am sure that's Mr. Field's intentions. If it is not, I am sorry, maybe I am wrong, but I am sure that's his intention. Now, by denying us, you denied us the right of making a little bit more money, o.kay, now what I feel is good for ohe is good for all in the area. Now, I was, here's one question I would like to ask the Board. This appeal that he has put in, does the Building Department have to approve the building and the sites first for this appeal, or did the building department deny it? CHAIRMAN GOEHRINGER: They denied it. PAUL DINIZIO: They denied it? Okay. But asfar as what I was saying before, you did not give it to us, so I feel you should not give it to anybody else in the area. You set a precedent once so you should stick to it. Thank you very much. CHAIRMAN GOEHRIMGER: You are welcome. Anybody else like to speak against the application? Mr. Field, do you have anything else to say in rebuttal? FRANK FIELD: All I am trying to do is improve the neigi~borhood, and what we are doing is removing two structures and replacing it with one structure to house two families. We are not in- creasing the number of units available or decreasing, we are maintaining a status quo, but we are upgrading the housing in the area. Iwould like to straighten out that I have not been turned down on repairing the structure after the fire. I have not requested permission yet because my wife suggested that it might be better to build two new structures and-get rid of the two old. CHAI~IAN GOEItRINGER: I was referring to the denial of the construction of the 2 family house. FRANK FIELD: The procedure you have to use is you put in for a building permit and the building inspector looks at it and says you are not conforming, you are in violation of the zoning require- ments therefore, I deny it, and then the next step is to come before this Board here. But, he mentioned about the house that was damaged and there is no problem with the building department with that because I haven't requested permission, but I have had a general discussion with them about what is required. Thank you very much. Any other questions either pro or con on this application? ZBA 1/24/85 Page 9 FRANK FIELD iiEARING, CONTINUED CHAIRMAN GOEHRINGER: Hearing no further questions, I make a motion closing the hearing, reserving decision until later. #3311 - At 8:20 p.m. a Public Hearing was held in the matter of ROBERT CELIC for a variance to build addition with insufficient rearyards. ROBERT CELIC: Gentlemen, we are awfully crowded in the office. The primary reason for this extension is to facilitate the pro- blems we have now. My co-tenant, the hairdresser, has also the same problem of being crowded. She has expressed interest in renting the area I have. We would basically end up havinq an office for real estate purposes, of twice the size we pre- sently have. So, it is rather cramped at the moment and of course, and I guess you realize by looking at tile plan, am pro- posing the additional section within the addition for a rental income facility, which would help accomodate my income outlays in constructing this, as well as pay the taxes and everything else. Asfar as the architectural detail, I think it would uplift the general neighborhood, because il: will b(~ along the Cape Cod-dish lines, unlike most of your new commercial buildings, within that general neighborhood. It will l~e quite nice, as long as I can afford it. Thank you. MR. GRIGONIS: Is there anybody else here who would like to speak on behalf of this hearing? Anyone in opposition? As you probably know, Bob, there is a letter in the files with somebody having an objection to this. ROBERT CELIC: I did answer that letter. MR. GRIGONIS: That's my neighbor to the south and I' believe my explanations are sufficient. Thank you. Any questions front the Members? I make a motion closing the hearing, reserving decision until later. (Mr. Goehringer was absent during the hearing.) #3307 - AT 8:30 p.m. a Public Hearing was held in tile ma~ter of ADELE V. DECKINGER for a variance to locate pool and accessory building in frontyard. ADELE V. DECKINGER: I really have nothil¥~ to add, unless you have some questions of me. CHAIRMAN GOEHRINGER: Can you give us an approximate distance from Soundview Avenue to this pool, if it is constructed? ADELE V. DECKINGER: About 300' Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 March 22, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications whieh have been referred to the Suffolk County Planning Commission are considered to be a matter for local determinmtion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number John Bertani & Alexander Kokej Frank A. Field Realty, Inc.~/ Mr. & Mrs. Robert G. Norkus Gary Doroski Robert A. Celic Estate of Louise Wilson Joseph & Patrieia Stiefler Cutchogue Free Library Cutchogue Free Library Mr. Thomas Peritlo Mrs. Alice D. Currie 3300 3303 3305 3310 3311 3312 3314 3315 3316 3317 3321 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO: Office of the Town Clerk FROM: Jerry Goehringer, Chairman DATE: December 14, 1984 SUBJECT: Trailer Permit - S/S Linnett Street, Greenport Driving Park, Lot 60 Greenport Last evening we held a public hearing concerning premises currently owned by Frank A. Field Realty, Inc. which consists of four subdivi- sion lots of the Greenport Driving Park Map, Lots 60, 59, 26 and 28. In researching the history of these properties, it appears that these lots have not been held in single and separate ownership since about January 1973. We understand that there is a trailer permit on part of this property (Lot 60) and request a copy of same for our records. The owner a variance structure structure of the premises, Frank Field Realty, Inc., has requested for permission to establish a two-family dwelling (in lieu of one building damaged by fire and another presently used for one-family occupancy), in addition to retaining the structures on Lots 60 and 59; and this matter has been recessed until our January 17, 1985 Regular Meeting for further research and inspections. We thank you for your assistance in this matter. Page I~A L~GAL NOTICE NOTicE I8 H~REBY GIVEN, ' pttt~mant to Sect/on 267 of the Town Law and the Peovis~on~ of ~ An~ndod Code of the Town of ~outhold, the following public h~rings will I~ held by the 'fawn Hall, Main Road, · ~4, 1~8~, eommene~ng at 7:30 p.m. and ax ' 7:35 p.m. JOSEPH AND AR. ~ Lg~TING~, 210 · Avanu~, New York, I~Y 10010, d~ r~r pm~di~ion to locate acoss. . · ptmlmls~, 11~0 8ound rmrosl No. 1000-83-04.001. old. NY 'R, - Road, South= ~ ~ me Zouina Ordl. nones, Article II, 8eettan-106.~) ~ approval of imufflelant width ttruutoau) in this propeo~ s~.off division of land loentod at the East 8id~ of P~eouie Lane and W~t Sidm of Carroll Avanu~, -,~'~et ~0. 1000'743-19. 7:50 p.m. L~UREN KRUG, ~00 Horton Road, ~ut~o~ue, NY for a Vnrtanos to the Zonln~ 100-81 for I~rn~on to attach ?~.n~g __~ to dwelling for ring an imuflle~ant r~ryard s~w.k, at 200 Horton Road, · Cu~,Ny;county Tan ~ap Psm~l No, 1000-104-1.12. 7:55 p,m. GARY DOROSI~. ~ ?om,Il lan,, . for a Vnrlanos to th~ Zouing Ordlnan~, Artiel~ fil, S~etion ~sto _ra~ building in an waM 8ubdtvis~o~ Map 1 ~'/5, Lots 81 to 35 inclust~. ~8.00 pm FRA~u~r .~ {~m_ ~ on~ 100-81 and ~A)[I] for a{g~oval of Om eon. truetion of a two-family hou~ iud mtdin a and-family dvmll- ~g on the norOmrly half of th® · r~uis~ (Lots 60 and 58); pmm- ra~osl Nos. 1000-48-03.20, · rk ~ubdivlsion Lots 60, 59, 28. ,~¥.0. Gm' RgBERT '~, lSo:t 1~4~ Matti+~,~- on ,,,th an fnsuffie~ant (mid Mm'lene Drive), Mattituck, NY; County Tax Map Parcel No 1000-143-3-1. ' 8:20 p.m. ADI~.LE V. DE. CKINGER, Box 960, Jamaica, NY 11431,/or a Variance to the Zouing Ordinance, AFtiele ~I, Section 100-32 for I~'mtmion to locate inground swimmingl~ol and aceo~ory building in the. frontyar~ sma at pr~misos known u 3805 ~c~mdviow Av- enue, Mattituek, NY; County Tax Map Pareel No. 1000-94-1. 20. 8:30 p.m. 81~.RGE J. DOYEN, ing Ordirmne~, Article 11I, ~e- tio~ 100-31, Built ~hoduie, for sl0proval of lnanffleiant aran and width of two parcels in s~'off division of land located at th~ ~outh 'Sid~ .of Fox Avanue, map Pareol No. 1000-~1; eon. Said of said time and pl~os hanr nil per. eons hav/ng inte.eo~ or eoneoms ,4mant8 ~ ~ bo mlbmlttod hearing. Dated: January 4, ~98~. BY ORDER BOARD OF APPEAL8 OERARD p. OOEHRBNOER CHAIRMAN - By LJnda F~ Kownhki,' 17910-.4761 STATE OF NEW YORK ) ) ~8: COUNTY OF 8UFFOLK ) ANNA T.EKKA~; of Groenport, Iff enid County, being duly sworn, soys that he/oho le Principal Clerk of THE SUFFOLK TIMES, a Weekly Nowopaper, published at Groenport, In tho Town of 8outhold, County of Suffolk end State of New York, and that the Notice of which tho annexed le a printed copy, hoe been regularly published In sold Nowepapor once each week for ~ week88ucce#lvely, commencing on the ~ 0 dnyof.. January 19 85 Principal Cl~rk ' Sworn to before me thio 10 dnyof .7~,~1a ry 19R~ Jos~~ ~ ~ 2~o m~ .Ave~, New Ymrk. NY 1001.O, f~.o V~ m ~e ~g ~d ~ ~ ~ ~ ~ '~ Avenu~ ~. 1~'7~3-1g/~ /~ ~ ~ ~, ~o~e, ~ l~ ~ ~sio~ d~r ~h of li~ ~ i~a ~ at ~ q~ ~. cut- c~e; ~; ~n~ T~ Map P~ ~. 1~1~-1-12. 7:~ p~m. ~Y ~S~. to i~e ~ sto~e ac., ~cle m, ~ 1~-31~d~ ~e ~ ~ a ~ ~ ho~ (nd ~ 4 8:10 p,m. R0~ERT A. ~ ~C~ ~x 1~7, ~ck, ~ ~ · ~ to ~e ~ ~, ~e ~, ~n ~, (nd, ~cn~ ~vc), ~O~;. ~ ~ J~, ~ '~ 1~ ~ ~Ss~n ~ app~ ~ hsu~t ~ ~d ~ ~ ~ ~ls a ~d ~ ~ion I~d ~ted a~ ~e ~u~ Si~ ~ F~. Avu~, ~ers ~d, ~: ~ T~ Man COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ../. ........... weeks successively, commencing on the ............ ./..?......~/. ........... Sworn to before me this ............... ../?....~. ....... day of ............. .......... , Notary Public BARBARA FORBES lqot~ry Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 f'~ Southold MAIN ROAD-STATE: ROAD 25 Town Board o£ Appeals GOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 785-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI5, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW~CKI 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 Kowalski, at 765-1809 (orr if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINCER CHAIRMAN Copies together with Legal Notice forwarded to the following 1/4/85: Joseph Lestingi Kapell, as agent for Lestingi Henry J. Smith.& Son Inc. for Serge Doyen Mr. and Mrs. Mr. David E. Rudolph H. Bruer, Esq. for 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. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765q 809 December 31, 1984 Mr. Frank A. Field Frank A. Field Realty, P.O. Box 631 Greenport, NY 11944 Inc. Re: Appeal No. 3303 Dear Mr. Field: At a Special Meeting held December 20, postponed the January Regular Meeting from January 24, 1985. 1984, the board January 17th to The public hearing concerning your variance application will be reconvened that evening, and a copy of the notice as published in the Suffolk Times and L.I. Traveler-Watchman will be furnished to you indicating the time. We expect that the hearing will be reopened approximately 8:00 p.m. Please do not hesitate to call our office if you have any questions concerning this matter. Yours very truly, CC: Mr. Victor Lessard Building Department GERARD P. GOEHRINGER c~f'L i n da~o~al s k i Southold Town Board of Appeals NIAIN RDAD- STATE R{3AD 25 SDUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q. R. A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION 30SEPH R. SAW~CKI Notice of Determination of Non-Significance November 29, 1984 APPEAL NO.: 3303 PROJECT NAME: FRANK FIELD REALTY INC. 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: [' ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: To remove two (of four) existing dwelling structures, and construct a tw0-fami]y dwelling, for a t0ta] of three dwelling structures with four dwelling units. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Brown Street (and Linnett_Street), Greenp0rt; ]000-48-3-]9, 20, 8, and 9. 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 premises in question is not located in a critical environmental area; (3) This area appears to be served by the Village of Greenport for septic waste and water, FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town'Law and the Provisions of the Amended Code of the Townl of Seuthold, the following public hearings will be held by the Southold Town Board of Appoals at the Town Hall, Main Road, SeuthoId, NY at a Regular Meet- ing on THURSDAY, DE-~ CEMBER 13, 1964, commenc-'q lng at 7:30 p.m. and as follows: 7:30 p.m. Application of K & L PROPERTIES, cio R.H. 1000-36-02-24. K A. FIELD REALTI~ x 631, Greenport, NY' for Variances to the Zouin~ Ordi- hanes, Article III, Sections 100 31 and 100-30(A)[1] for approw of the construction ofa one-stor] two-family house, at premi][ ,,k, nown as Lots 26 and 28~ Greenport Driving Park" Sul division, containing 11,262 sq. in area and 100-foot lot widi Applicant proposes to remo two existing dwelling structtu Bruer, Esq., Main Road, South- located partly on Subdivisi. old, NY for a Variance for ap- Lots 26, 28, 60 and 59, and 1 proval of a?ess, New York Town~ retain an existing one-famil.~ Law, .S~t..ion 280.A over a p~ trailer and one-family, two-sto~. vate n. ght*of-wa~ located at t~ house on Lots 60 and 59; prem east ?de of Indian Neck Lant ises identified as County Tic Pecomc, NY, to premises know]~, May Parcel Nos 1000-48-03-20 as County Tax Map Parcel No.~k 19,'8 and 9. ' ~ 1000-86-05-11. . ~:20 p.m. Application for ~- 7:35 p.m. Application of' JOSEPH AND ARLENE LES- TINGI, cio David Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, 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. 1000-33-0/-001. 7:40 p.m. Application or DE~ INA AND PETE MAR1 POULOS, 222-08 43d Av- ue, Bayside, NY 11361, for a .~Variance to the Zoning Ordi2 ~nance, Article IH, Section 10~ 2~31, Bulk Schedule, for permi~ sion to locate new dwelling wit~ ~pnSUfficient sideyard setbacks aq remises, Sound Beach Drivel ~Mattituck, NY; Cpt. Kidd Es~ Parcel No. 1000-99-01-24. 7:50 p.m. Application JOHN BERTANI, Colonial Road, Southold, NY for a Vari- ance to the Zoning Ordinance, Article VI, Section 100-62(B) for permission to establish building contei~i~g more titan one retail stere, offices, or similar estab- lishments 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 scI. f~. in area. 7:55 p.m. Application for AR. NOLD AND MARY BEHRElL c/o AWJ Construction C;.'p., Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article IH, Soction 100- 32, for permission to locate acces- sory garage in the frontyard area at premises, 5730 Nassau Point Road (also fronting Wunneweta Road), Cutehogue, NY; Nassau Point Subdivision, Lot 141 and part of 142; County Tax Map Par- cel No. 1000.111-12-2.1. 8:00 p.m. Application for MARGARRTH~ D. CLEM1~- NElL cio Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-32, for permission to locate accessory garage in the sideyard area at premises, 1240 Inlet I~ne Extension, Greenport, NY; County Tax Map Parcel No. 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 hearing~. Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEITRINGER, CHAIRMAN 1TN29-4725 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~NNA 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 ON~ weeks successively, commencing on the 2~b dayof N~v~mh~r 19 24 ( ¢×F~gq LC, Principal Clerk Sworn to before me this 29 th dayof November 19 84 NOTICE NONCE Is EN, pursuant to S~i~ll 2S7 o~ the Town ~w ~d~e sions ~ ~e Am~d~e of the To~ of ~u~ld, fobbing public he~ngs b~ held by the Sou~old Town Bo~ 6f Appe~s af ~e To~ Hall, Ma~ Ro~, ~u~old, NY al a Reg~ M~g on THURSDAY DE~ 13, l~ ~m~ingfSt 7~30 p.m. and ~ [~ws: ~ 7:~ p.m. Ap~i~on of K&L PROPER~ES~ C~O R.H. Bruer, Esq., Ma~ :Ro~, Southold~ NY for a V~fi~ce for app~a!, of a~s, York Town Law, Se~n 2~-A ov~ a private right-of-way l~ated at the east side ~di~ Neet ~ne, Pe~nic, NY to premises ~own ~ County T~ Map P~cel No. 1~-86. 05-11. 7:35 p.m. A~ica~n of JOSEPH AND A~EN~ LES- ~NGI. c/o D~vid Kapell, Front Street. Green~, NY for a Valance to the ~ning ~dinan~, A~icle HI, Se~ion 1~-32 for pemission to locate a~esso~ g~age in ~e yard area at p~mises, ll~ Sound Drive, Green~, NY; County T~ Map P~cel No. 1~-33-~-~1. JOHN BERTANI~ Colonial Road, Southold, NY fur 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, Southold, NY; County Tax Map Parcel No. 1000-55- 02-20; containing 31[~024 sq. ft. 7:55 p.m. 'Ap~licarion for ARNOLD AIq~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 thc frontyard area at premises, 5730 Nassau Point Road (also fronting Wunne- weta Road), Cutchoguc, NY; Nassau Point Subdivision, Lot 141 and part of 142; County Tax Map Parcel No. 1000- 111-12,2.1. 8:00 p.m. Applicatiop 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 Ill, Section 100-32, for permission to locate accessory garage in the sideyard area at pre/nises, 1240 Inlet Lane Extension, Greenport, NY: , County Tax Map Parcel No. 1000-36-02-24. 8:10 p.m. Application A. FIEI.D COUNTY OF SUFFOLK STATE OF NEx/V YORK Potricia Wood, being duly sworn, soys 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 .............. ~.~.~....~.~. .......... ............ :: ................. ,,..:..... Sworn to before me this ............ : ..................day of ............................. .......... ..................... Notary Public BARBARA FORBES Notary Public, State of New York No. 480¢~46 Qualified in Suffolk County Commission Expires March 30, 19 and to retain an Lots 60 and 59; entified as County cci N6s. 1000-48-03.20, nd ~ Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHO/~ 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 ~n 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, lk Enclosure GERARD P. GOEHRINGER CHAIRMAN 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 Kathy Haspel, Box llO0, 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 the,~subject 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 Lestin_~_~ Mr. and Mrs. Pete Markopoulos William Holden, Esq. for neighbor, ll 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 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, cio 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, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 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 lO0-31, 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-l" 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 (also~ fronting Wunneweta 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. 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (616) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of November 29, 1984 S.E.Q.R.A. NEGATI%rE ENVIRON~iENTAL DECLAPJATION Determination of Non-Significanc~ APPEAL NO.: 3303 PROJECT NAMe: FRANK FIELD REALTY INC. 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: [ ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: To remove two (of four) existing dwelling structures, and construct a two-family dwelling, for a total of three dwelling structures with four dwelling units. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Brown Street (and Linnett.Street) Greenp0rt; 1000-48-3-]9, 20, 8, and 9. ' 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 premises in question is, not located in a critical environmental area; (3) This area appears to be served by the Village of Greenport for septic waste and water. FOR FURTHER INFOP~HATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUI)ITII T TERRY TOWN ('Lt. RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELFP[IONE (516) 765-[801 October 26, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3303 application of Frank A. Field Realty Inc. for a variance. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetland Land- Use; Notice of Disapproval from the Building Department; survey; and l~lans. ? Judxth T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ DATE ........................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We 7/~or ............................... Name of Appellant Street and Number ......................................................................................................... HEREBY Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO .... Name of Applicant for permit ......................................................Street and Number /~'[J ~'i'~'i~'~ii~'~ .................... ~i;i; ..................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~' PERMIT TO BUILD 1 LOCATION OF THE PROPERTY ~/~WW ~,'/"- Street and Hamlet Zone /~; ~l -- ~ r-- ~ /~ ~ Z ~ OWNER (S): .~..~...~. ~/~/~ ~6~/~.~..~./~ Mop No Lot No. DATE PURCHASED: .......... 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) 3 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 4 PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ........................... Dated ..................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsechon 3 ( [/)" A Variance to the Zoning Ordinance ) requested for the reason that we would like to B 64. i/--Z"~ /~ j-/uus -- Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,/ HARDSHIP because 2 The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because Ut, / ,Tyx h The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE IARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Signature r'~ ,.. 19 ~Y Sworn to this ........... ?:~..~. .................... day of .................................................. Notary Public APPEALS /~> ~g~M~t er °/~he PetitiOn Of //~ to the Board of Appeals of the Town of Southoid : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~arian?~ (Special Exception) (Special Permit) Other) [circle choice] 2. That the prgperty which is the subiect oJ the Petition~located adiacent to your property and is des- 3. That the property wt?f~? ~pe subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ ~ ~.:L~I~-;~' '*:: :~ ' /,:',.U ' ~ .... 5. That the provisions of the Southold Town Zoning Code applica~l$ to the. relief sought by the under- signed are Article ~ Section 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (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 a~ be heard at such hearing. :~....~/C/~ ,~j/,,,) Petitioner Post Offir, e Address, ~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: /'/ / '~? 'I/ residing at , being duly sworn, deposes and says that on the ~ ~ day of ~c~ ,~r'3 , 19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons a[ 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~sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~/~,'~' ~/- ~ , that said Notices were : mailed to each of said persons by (certified) (registered),mail.~ .... ,... Sworn to before me this ~' ~, day of OC.~ , 19~ Notary Public The ;;,Y.S. }rlv,r'onnlental QuaJ1~,,y m~sston of made by this bo before any S._~HCRT,, ENVIRO~'~.~EN'?~L ASSeSSmENT ~.~n. INSTR!~TIC~Si (a) In order to answer the questions in this short gAF is ia assumed that %he preparer will use currently available Ln£orr.%tlon concern!nE the project and th. likely impacts of the action. I¢ is not ex,.coted that additional studio~ raeearch Or other investigati~ns will be undertaken. (b) If any question has been answered Yes the pvoJec% may be significant a~d a completed Envircmnental Assessment Form is neceszar£. (c) If all questions have been answered No 1% is likely that this project is not significant. (d) Environmental 1. Will project result in ~ ~ar~e physical to the project site or ~hysically alter more t~n 10 acres of land? · · . . . . . . Yes 2. Will there be a major change to any unique or unusual lan~ foi~ found On the site? . Yes .. 3. Will project alter or have a lar&e .ffsct on an existin~ body of water? · . · . . . Yes &. Will pro,eot have a potentially large lmpac~ on ~o.~dwa%er quality? . . . . . . . . Yes W~! projec~ si~lficantly .ffec~ dra~a&e ~ on adjacent sites? · · · . · · · · 6. Will project affec~ any t~a%ened or endangered plan% or anal species9 . . . · . · · 7. W~I project rest% in a major adverse effect W~I project have ~ ~aJor effact on visual 9. Will proJ~c~ adversely ~pac~ any si~e or st~c~ ute of his%oric~ pre-~is~oric~ or paleontological 10.W~i project have a ~Jor effect on exi~t~g future recreational oppor~i%les? · 11. Will proJec% result In ~Jor traffic problems cause a ~ajor effect to existin~ transports%ion 12. Will proJec~ reg~arly cause objectionable odors. noi~e~ glare, vibration, or electrical distur~ ance as a rest% of the pro~ect'~ operation? 13. Will project have any impact on public health or 1L. Will project ~ffect the existing co.unity by directly causin~ a ~row%h in permanent pop~a- period S~ have a major negative effect on Yes I~ No Yes t/~N~ Yes ~' No Yes [//No Yes t~ No Yes %/ No Yes QUEST!ONNAIRE TO BE COMPLETED AND FILED WITtl 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 [3rook, 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 possibie in order that we may continue processing your Z.B.A. application. [ ] I. [ ] S. [ ] I ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor,dition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfro[,t or wetlands area May be located within 300' of waterfront or wetlands area; imwever, the following structure separates ~ny property from this environmental area: [ ] 50' existing road [ ] existing stJ'uctures [ ] 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 wetlands/waterfro~lt 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 prewnt any unnecessary delays in processing your application(s). 10/831k