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Home My WebLink About3287Wells Rd. 7s Peoonic ~ NY 6 ALPRED N. & ~ARB~RA H. DiNUNZ!O #328? Road access PILED: 9/10/84 CA - 11/29/84 ~ +~>~c~ Southold Town Board of Appeals MAIN ROAD-BTATE Rr'IAD ~5 BOUTHI3LD, L..I. I~. 119'71 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3287 Application Dated September ]0, ]984 TO: Mr. and Mrs. Alfred N. DiNunzi0, 6 Glenn Road Southold, NY 11971 Jr, [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 29, ]984, the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section Request for Upon application of ALFRED AND BARBARA DiNUNZIO, 6 Glenn Road, Southold, NY for a Variance for approval of access, New York Town Law, Section 280-A concerning right-of-way located off the east side of Wells Road, Peconic, NY; to premises identified as County Tax Map Parcel No. 1000-75-06-001. The board made the following findings and determination: By this application, appellants seek approval of access over a private right-of-way as shown on the survey prepared by Young & Young, updated July 25, 1984. The subject right-of-way fronts along Wells Road 50 feet and extends from the easterly side of Wells Road in a southeasterly direction a length of 94.00 feet to the appel- lants' property, for a total length of llO feet and a width of 16.50 feet. For the record copies of deed dated March 11, 1982 recorded at Liber 9156 cp 194 from Krukowski to the DiNunzios, and title insurance policy, indicating the subject right-of-way have been submitted. Also, deed recorded at Liber 7989 cp 536 dated February 5, 1975 from Krukowski to the adjoining property owners, Zaneski, was submitted for the record which indicates the right-of-way in question. The statements made at the public hearing in support of and in opposition to this application have been considered. At the present time, the subject right-of-way has been landscaped and mowed by the Zanieski's, and objection has been made as to allowing use of this right-of-way for access to the DiNunzio's premises when an alterna- tive access route could be agreed to between the adjoining landowners. It is the opinion of this board that the right-of-way is the only legal access to the applicants' premises, and this board does not have the authority to relinquish that right. This is an application for suitable improvements for access by emergency vehicles which is required under New York Town Law, Section 280-A before a building permit can be authorized. It is the understand- ing of the board that this right-of-way may at some time in the (CONTINUED ON PAGE TWO) DATED: December 6, 1984. Form ZB4 (rev. 12/81) CHAIPi~AN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3287 Matter of ALFRED AND BARBARA DiNUNZIO Decision Rendered November 29, 1984 future be relocated over land presently of Charles DeLuca which would be more suited and more practical for all involved. The board does agree that a better access route could be obtained, but is without authority to require same. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3287, application for ALFRED N. and BARBARA H. DiNUNZIO, be and hereby is granted approval of access in accordance with New York Town Law, Section 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The right-of-way be cleared for the full 16.50 foot width; 2. The right-of-way be improved the full 16.50 feet width and llO' length as follows: (a remove topsoil for 8"; replace topsoil excavation with 20% gravel bankrun mixture; 8" of 80%-sand and place a 3" top course of 3/4" stone blend; The finished road surface to be about even with the grade of the Zaneski property (at the lawn area); 3. The right-of-way must be maintained in good condition at all times; 4. The improvements of the right-of-way be inspected by the Zoning Board of Appeals, or the ZBA road engineer, prior to the issuance of a Certificate of Occupancy, and after notification for inspection. Location of Property: East Side of Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-75-06-001. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk / GERARD P. GOEH~RINGER,/CHAIRMAN // December 6, 1984 RECEIVED AND Town Clerk, Town of Southold 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 at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDA¥.~ NOVEMBER 29, 1984, commencing at 7:30 p.m. and as follows: /:30 p.m. Application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. 7:35 p.m. Application for JOHN AND MARILYN FLYNN, c/o G. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to retain existing frontyard location of a concrete block structure as a storag~ buiild~ng, accessory~to a proposed single-family residence, premises identified as County Tax Map Parcel No. lO00-111-12-1~ 2250 Little Peconic Bay Boulevard (a/k/a 5650 Nasau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cut~hogue, NY. J~:40 p~m. Application of ALFRED AND BARBARA DiNUNZIO, 6 Glenn Road, Southold, NY for a Variance for approval of access~ New York Section 280-A concerning righ~-of-w~y located-off the of Wells Road, Peconic, NY; to-p~emises identified as ~_~ounty Tax Map Parcel No. lO00-75-06-O01.-- for JOSEPH GRAS~O.,..c/O]D~.~D6ni~, 'RdUte 25, 7:50 p.m. Application Aquebogue, NY for a Variance to the Zoning Ordin~nce-~ Article II'I, Section 100-31, Bulk Schedule, for pe~m~'sion to c~nstruct new one-family dwelling with an insufficient fronty~rd setback at premises identified as County Tax Map Parcel No. 1000-59-06-003, located on the North Side of Sound View Avenue, Southolc~, NY; (current owner: A. Milne) 8:00 p.m. Application for JOSEPH GRASSO, c/o D. Denis, Route 25, Aquebogue, NY for a Variance to thE Elood .Damage ~revention'Law, Ch. 46, for permission to utilize area be.low the minimum required flood elevation for mechanical equipment,~ at premises identified as County Tax Map Parcel No. 1000-~9-06-003, North Side of Sound ~iew Avenue, Southold, NY (curren~ owner: A. Milne). 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/o I. Price, Esq., 828 Front Street, Greenport, NY for a-Variance to the zoni-ng Ordi- nance, Article XI~ Section lO0-1Tg.1, for permission to construct Page 2 Legal Notice of Hearings November 29, 1984 Regular Meeting Southold Town Board of Appeals fence exceeding the maximum four-foot height premises identified as County Tax Map Parcel 1040 Homestead Way, Greenpor~, NY. requiremen%, a~ No. 1000-40-02-21~ 8:10 p.m. Application of GENERAL WAYNE INN, Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C)[6](f) for permission to erect directional sign at premises identified as County Tax Map Parcel No. t000-69-02-003~ corner of C.R. 48 and Ackerly Pond Lane, Southold, NY (current owner: S. Doroski). -- 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 1.00-32 for permission ~o locate inground pool in an area other than the required rearyard, at premises identified as County Tax Map Parcel No. lO00-1II-15- part of 1.6 (part of 1.3). Persons desiring to appear at the hearing may do in writing in relation thereto may be filed with or at this hearing. so; communications our office before Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD~OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publis~ ~HURSDAY, NOVEMBER 8, ~984 and forward 8 affidavits of publication ~ ~d ~ App-~, Main Road~ Southold, NY 11971, before November 19, 1984. te1.'765-1809. Copies forwarded to the following on or about 11/2/84: Mr. Ernest Guettin§er Mr. Garrett A. Strang, for John and Marilyn F~lsnn Mr. and Mrs. Alfred DiNunzio Mr. Roger Cullen, ~o×~ Shelter Island, NY 11965 Mr. Donald A. Denis, for Joseph Gr~sso Harold King, Esq., for JoSeph Grasso Irving L. Price, Jr., Esq. for Richard W. Sledjeski General Wayne Inn Swim King Pools, Route 25A, Rocky Points ~Y for Anthony~oto Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Building Inspectors TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OIJTttOLB, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...... , . . Loc2.tion of Property ............................................................... Tax Map No. IO~ Section .... ~?. ~ .... Block ...... ~ ...... Lot .... [ .......... Subdivision ................. Filed Map No ................. Lot No .................. ia ~et,r,,ea her~witli ~:d di~,pro';ed on the follo,,,i~s.~ouna .a. ?~ .~.. ~ ~'&.. ..... .......................... Building Inspector 'FORM NO. 1 TOWN OF SOU'THOLD BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19 ... Approved ................. 19... Permit No ........... Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tins application must be completely filled in by typewriter or in ink and submitted to the BuildLng Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. 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 must t5¢ drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector willissued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been ~anted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New Ybrk, and other applicable Laws. OrdInances or Regulations, for the construction of buildings, additions or alterations, or for. Kremoval or demolition, as hereIn described. The applicant agrees to comply with ali applicable laws, ordinances, build~g'f,6de, hou, s~gxode, and regulations, and to admit authorized Inspectors o~1 premises and in buildIng for necessary in~s~ ~f - 'GAROI~E~ $ 8AY CONSTRUCT ON ~,~ .......... ~.~E[:T~j~ ._. ~, 9x. ~02 ....... ; ............ State whether applicant is owner, lessee, agent, architect, en~neer, general' contractor, electrician, plumber or builder. ........... ...................................... q. . . . . . 4.. o Nameofowner ofpremises . .~..~.~- .L)...~..~7 ~ . .~.?..k ~O/L~ ~ l 0 . /~ (as on the tax roll or latest deed) Ifapplica s a or o signamr o du,y .................... ~. O. Box ~02 me and title o} ~;~;r'a~i ;f~r) ........ ,RDINE~'$ 8A¥ CONSTRUCTION CO. SHELTER ISLAND, NY I (515) 749-0182' 1965 Builder's License No....~../.../..~..~..' .......... Plumber's License No....5'-?..0.....~. ..... ; ...... Electrician's License No...¢ .t~,..o. .... . .~..~2..~..~.\ ~. Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. I000 Section ..... Subdivision...~..Pvq~O....~)) .~_ ......................... Filed Map No ............... Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy-.. b. lntended use and occupancy, r~ .............. . .~./~.~& ~.--T.'.2..~.m.'.~ ....../...7.~_. '5 ':: ::;: .................... ~ "-' 3. Nature of work (check winch applicable): New Building ' .... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost .. J..~.-~..~ 0.0...9 ......................... Fee ...................................... '- (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height .............. Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories .................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 1 1. Zone or use district in which premises are situated ..................................................... ! 2. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No !4. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locat~ clearly and distinctly all buildkngs, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual s~gning contract) above named. tte is the ....~/c.)..?~.~ .......................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and ~e this application; that all statements contained in tins application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ............. day of ............. ,19~,~. /Q,,, ' NOTARY PUBLIC, Sta~ of N~W Yor~ ' ' '.~J"-') ..................... N,~, 4797878, Suffolk Count.,/.. ~ .,/ i - . ~,m Expires ~?,a[ch 30, t9~ }' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPE~LS~TOWN OF SOUTHOLD, N. Y. l, (We) ................... -..~ ..................................... o ........../. ................................................................ Name of Appellant- Street and Number .............. ................................................................... .......... HEREBY APPEAL TO Municipality St'ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~/?/~Y FOR: ~ic~t~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .qa,c ~,~;- .~.,~z.~ ,'~.~ ~ i1~ Street and Number ~unJcipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. kOCA*IO~ OF *HI PROP[R*Y .~.~...~¢.~. ............................................ ~. ........ Street and Hamlet , Z~ ~ ~'L,~,~-~ ~ ~)£~YdW~ , 0~- ~ ~ . .~..~..~./~.~. .......................................................... ~ ................... O~ER (S): . Map No. Lot No. DATE PURCHASED: ~./6./~ ..... 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 , Section /---~ Z~.~ ~6 ~ ~ (~) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (f~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 aecis~on of the Building Inspector or with respect to this property. Such appea' was ( / request for a special ~ermit ( ) request for a variance and was made in Appeal No .......... ..~..4(~? .............. Dated .................................................................... REASON FOR APPEAL (~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s recuested for the reason that we would like to (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because /P- ~¢,~¢ ~>- ~,4' ~'~ ~/~,'<-8~/,¢ Oz~ 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 O7)~ ~,,~/¢~¢2~r~ /~' /~/~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COL NTY OF ~Jc¢/'~¢-/~ ) Sworn to this .. ...................................... day of ................................................... 19 ~;:~/ N6t~rv Public OWNER FORMER OWNER W LOT TYPE OF BUILDING RES. LAND AGE FARM Tillable t Tillable 2 TilbbJe 3 Woodland Swampland Brushland Hausa Plot Tara I s s. vt., IMP. TOTAL FAPJ~ DATE BUILDING CONDITION NOPdVLAL BELOW ABOVE Value Per Acre Value MISC. COMM, CB. REMARKS Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~ ONLY ~,T PECONIC I O~ N~ZtO Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice September 13, 1984 · S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION of Determination of Non-Significance APPEAL NO.: 3287 PROJECT NAME: ALFI%ED N. DiNUNZIO 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: [7 Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Road access LOCATION OF PROJECT: Town of Southold, County of particularly known as: Wells Rd., Peconic, NY County Tax Map #1000-?~-6-i Suffolk, more 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) Approval has been obtaine~ from the N~Y.S. Department of Environ- mental Conservation and/or the Suffol~ County Department of Health Services. (3) The relief requested is a setback or lot line variance, which does not r~J~~h~A~C, eJ~in~Uj~d~r J~a~I'[ Actions o~f .the ~tate Environ- 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. mental Quality Review Act. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 $OUTHOLD, 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 Notice of Determination of Non-Significance September S.E.Q.R.A. NEGATIVE ENVIRONb[ENTAL DECLAP~TION 13, 1984 APPEAL NO.: 3287 PROJECT N~V~: ALFRED N. AND BARBARA DiNUNZI0 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 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: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of access over a private right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-Way off the South Side of Wells Road, Peconic, NY; ]000-75-6-1. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is for approval of access over a 94± foot right-of-way is is not directly related to new construction. (3) Approval for construction on this parcel was issued by the N.Y.S. Dept.F~~ ~l~JrDnmemtal Conservation, for which SEQRA compliance was made. THER INFOP~TION, PLEASE CONTACT: Linda Kowalski, 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. December ~5, 1984 Edward J. l)iNunzio, Esq. 1031 Main Street Port Jefferson, New York 11777 Re: DiNnnzio/DeLuca Dear As I indicated to the Southold Town Zoning Board last Thurs- day, November 29, 1984, the "swap" of property between your brother and my clients would facilitate your brother's obtaining of a Certificate of 0ccupancy. If you would forward to me a signed Contract of Sale for this "swap", which Contracts would, of course, be subject to the approval of the Town Planning and Zoning Boards, I would immediately forward to you fully executed copies of same. I would also forward a copy ~o the Zoning Board, which would help them to resolve your brother's difficulty. }'lease let me know if there is anything I can do in the meantime. Sincerely, MJll:jh cc: Southold Town Zoning Board Charles & Sylvia DeLuca Michael J. }{all 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 RI3AD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 7, 1984 Mr. and Mrs. Alfred 6 Glenn Road Southold, NY 11971 N. DiNunzio, Jr. Re: Appeal No. 3287 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 ~? applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary AT T Communications ]]o rd September 30, 1984 610 Johnson Avenue Bohemia, NY 11716 Phone (516) 5674004 Board Of Appeals, Town Of Southold, Southold, L.I., N.Y. 11971 Dear Sirs: I recommend the enclosed variance of Alfred DiNunzio be denied for the following reasons. Enclosed please find survey of the property involved(attch B). 1. Practicality: There is a more practical way for Nzr. DiNunzio to gain access to his property. Mr. DiNunzio could purchase the parcel of land from Mr. DeLuca that fronts Wells Road and enter his property directly from Wells Road. Both Mr. DiNunzio and Mr. DeLuca have conveyed that the proposed right of way through my property is the least acceptible solution for all parties concerned, however they have not ~ been able to reach a monetary agreement. I feel I should,~ ' be subjugated for the inability of two people to reach an amicable agreement. 2. Safety: The proposed right of way would create a safety hazzard for our family consisting of myself, my wife, and two small children ages 6 and 8. 3. Monetary and Aesthetic Value: I value my property the con- dition of my home and its appearance, needless to say what a right of way through my front yard whould do to both ~fore- mentioned catagories. In summation I would like to mention I have been a resident of Southold Town for the past 37 years and have lived on Wells Road for the past 8 years. I feel I should not be burdened by this right of way. I appeal to your good Judgement because very simply gentlemen, there is an easier way. Attachments; A,B Sincerely, Michael A. ~aneski Wells Road Peconic :,4 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: //~,,~ YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th..a~--k~-t~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~arian~)'(Special Exception) (Special Permit) (Other~--~[~"i-~e 'choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~-'~.~" 3. That t he P>~rO._erty w~,~j~e su~ such ~,~gn is I°cated in the f°ll°wing z°ning district: 4. That by such Petition, the undersigg~d will request the following relief:/~/,7~ 7~ ~/,/~ '~ lb,_, " $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section ;b ve W,?rTM 6. That within five days from the date hereof, a written Petition requesting the relief specified ab ' be file~d in the Southold Town Clerk's Office at Main Road, $outhold, New York and you may then and there examine the same during regular office hours. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of 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. Petitioner Post Office Add.ss ~ / TO: Gerard p. Goehringer, Chairman Southold Town Board of Appeals FROM: John W. Davis RE: APPEAL NO. 3287 - DINg. ZIp RIOHT-OF.~v~y CO~IEN TS: Report No. ,~02 Date: October 23, 198h turns, ti adOontractor,s g automobile ~- ~e e~uipment, t~ailers, T.M. trucks, etc. would not be able · ~n negotiate such to make the second turn Without. encroachment on the Zeneski property. ~he north end and part of the east Side of the R.O.W. are in a lawn area. remaining area has heavy Brush and a few small trees. While making this inspection I h~ppened to meet Mr. Charles DeLuca, property OWner of the land adjacent to the West side of the R.O.W. and the west Side of the DiNunzio property. He mentioned that he had offered to eXchange a certain amount of his property with Mr. Di~nzio so that Mr. DiNunzio,s driveway as shoWn on the map could go directly into Wells Road. Recommendations for an access road in the R.O.W.: 1. Clear the R.O.W. for the full width. 2. ROad Width. ft., length extended to meet Wells Road at the entrance. ~iden the road at the entrance and at the turn in +due R.O.W. 3. Remove toosoi1 for 8". Test holes at the end of the R.O.W. were ~. Replace topsoil excavation with 8" of Sand^and grave]kbankrun. 5. Place a 3" top COUrse of 3/1~" Stone blend. 6. The finished road surface Should be about even with the Zaneski property through the lawn area. JUDITIt T. TERRY IOWN CLERK Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFF1CEOFTHETOWN CLERK TOWN OFSOUTHOLD September 10, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3287 application of Alfred N. and Barbara H. DiNunzio, with Roger Cullen acting as agent, for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; copy oS the Application for Building Permit; DEC Permit No. 10-84-0520; and survey. Southold Town Clerk 0o00 ~' ~N.?~O' 16 formerly oow or ~. Georqioe Mich°el HOL £ or formerly ~oW G. Scott john ] oard of, ppr Town ol ]PARTMENT OF HEALIH SERVICE.t, OF CONSTRUCTION ONLY _ HS REF, NO., Lo/ J~ S. /5 °,,¢9 '~2 " ~. '15. 05 ' '51 "~. IG8 ' 'Z42 ' SURVEY FOR S. $8o5G '05 "t'~. ,-'z2'. GG' ,~LFRED AL.Di NUNZ/O AT PECOIVlC 'I13WN 0¢ SOUTHOLD SUFFOLK COUNTY, NEW YORK JULY 25, 1984 APR. 16, 1984 DATE: APR. $, 1984 SCALE: / "= 50 ' NO. 84- Z219 NONCE ]~ EN, pursuant t°~r the Town ~w'~ og ~ ~: Tow~ ~, ~e ' following be held at ~e ~g ~7:~ p~m~ foll~: 7:30 p.m~ AppliCon of O~ S~et, Cutchogue, NY for a V~ce to &e ~ning ~din~, A~icle ~, ~ion 1~-32 for per.sion to ~n- s~ addison to accesso~ garage l~ated in the ~n~ard ~ea with a r~uced sideyard setha~, premises ident~ed as Coun~ Tax Map Parcel No. 1~-136-01-37; 950 Oak Strut, Cutchogue, 7:~ p.m. Appfica~on for JOHN AND MA~LYN ~YNN, c/o G. S~g, ~x 1412, Sou~old, NY for Valance to the ~ning O~- ance, A~icle ~, Se~on 32 for ~mission te ~a~ exis~g ~ntyard I~ation of a ~ncrete bilk stm~u~ as storage build.g, a~sso~ to a proposed s~gle~fa~y ~si- dence, premises identified as Coun~ T~ M~ P~I No. 1~-1H-12-1; ~ ~ Pe- ~nic Bay ~ 5~0 Nassau ~. Rd.), Nassau Point Subdivision Pa~ of 142 and 143, Cutchogue, NY. ~L7:40 p.m. Application FRED AND BA~A~ NUNZIQ, 6 Glenn R~, Southold, NY for a Va~an~ for approval of access, N~ York Town Law, Se~on 2~-A conceding ~ght-of-way Iocat- ed off the east side ~ Wells Road, Peconic, NY; to premis- es identified as Coun~ T~ Map Parcel No. 1~75-~- ~1. ~ 7:50 p.m. Applicat~n for JOSEPH GRASSO~ c/o D. Denis, Route ~, Aquebogue, NY for a Valance to the ~ning Ordin~ce, A~icle IH, Section 1~-31, Bulk S~edule, for pc~ission to ~ns~ new one-family dwelling with an insufficient ~ontyard set- back at premises iden~ed County Tax Map Panel No. 1~-59-06-~3, l~ated on ~e No~h Side of Sound View Avenue, Southold, NY; (cur- rent owner: A. M~ne). ~~o.m- t~ I r' COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold. in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............................. ../.. ....... weeks successiYel¥~ commencing on th~ .................................... Sworn to before me this c~ ~ ................................ day of Notary Public BARBARA FORBES Notary Public, State of Hew York No. 4806846 Qualified in Suffolk County Commiasion Expires March 30, 19o~ LEGAL NOTICE NOTICE IS HEREBY GI'¢EN, pursuant to Section 26? of the Town Law and the Pcavis~m of ~e Amended Code of the Town of Southold, the fotlowin~ public hearings will be held at the ~outhold Town Hall, ~4~i~ Road, Southold, NY by the Southoid Town Board of Appeals at a Re~- ular Meetln; on THURSDAY,~ NOVEMBER 29, 1984, com- mencin~ at 7:30 p.m. an~ as fol- lows: ?:30 p,m. Application of ER- NEST GUETFINGER, 950 Oak StreW, Cutthosue, NY for a nanse, Article ~I, Section 100-32 for pe~mi~a{on to construct addi- tion to accessory garage located in the frontyard area with a ~- . duced sideyard setbask, premice8 Patrol No. 1000-136.01-37; 950 Oak Street, Cutchosue, NY. ?:35 p.m. Application for JOHN AND MARILYN .FLYIVN, c/o G. ~tran~, Box 1412, i' 8outhold, NY for a Variance to I the Zon{n_~ Or~in,nce, Article , u a .torte bulla~n~; a~e~ory tO &~ mtnMS.f~mily resi. ~1~,i~." - . '~:40 p~:. Application of qUNZIO, 6 Glenn. Road, South- ~d, NY be a Var~-~,~ for ap- mwol of accem, New York Town Law Section 280-A concerninf I r4~ht~of-WoM located off' the east side of Wells Road, Pecanic, NY; to prm~imm identified as County Tax Map Parcel No. 1000-75-06- p.m. 'Application for JOSEPH ORASSO, rye D. Denis, Route 25, Aquebo~ue, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct new one.family dwellin~ with an insufficient ~rontyard setback at premioe~ identified as C6nnty Tax Map Parcel No. 1000-59-064)03, lo- cated on the North Side of Sonnd View Avenue, 8outhold, NY; (current owner. A. Milne). 8:00 p.m. Application f~r JOSEPH GEASSO,. c/o D. Denis, Route ~, AClnsbegue, NY for a Variance to the Flood Dmn~ ass Prevention Law, Ch. 46, for pe~nission to utilize area below the minimum required flood ele- vation for mechanical equip- ment, at premises identified as County Tax Map Parcel No[ 1000.39-06-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). 8:05 p.m. Application for RICHARD W. SLRI)JESKI, O I. Price, F~q. 828 Front ~treet, Greenpert, NY for a Variance to the Zonin~ Ordinance, Article XI, Section 100-119.1, for per- mission to construct fence ex- ceeding the maximum, four-foot height requirement~ at premises identified as County Tax Map P~rcel No. 1000-40-02.21; 1049 Homestead Way, (]reenport, 8:10 p.m. Application of GEN- ERAL WAYNE INN, Bayview Road, Southold, NY for a Vari- ance to the Zoning Ordinance, At, cie III, Section 30(C)[6](D for permission to erect directional ~ at premises iden- tiffed as County Tax Map Parcel No. 10(O-69-024]03; corner of C.R. 48 and Ackerly Pond Lane, Southold, NY (current owner: S. 8:20 p[m. Application for AI~. THONY PAGOTO, rye Swim Ktn~ Pools, Route ~SA, Rocky Point, NY 11778 for a V~riance to the Zonin~ Ordinance, Article ~ III, Section 100-3~ for permission to locate insround poolin an area - other than the required reatTard, at premises identified as County Tax Map -Parcel No. 1000-111-15-part of 1.6 (part of Persons de~iring to appear at the hearing may do. so; communi- cations in writin~ in relation thereto may he filed with our of- rice before Or at this hearir~. Dated: November 2, 1984. - BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ) P. GOEHRINGER, CHAIRMAN 1TN8-4700 NEW YORK ) ) SS: OF SUFFOLK ) ~. LEEEAS of Greenport, In unty, being duly sworn, says that he/she la BI Clerk of THE SUFFOLK TIMES, a Weekly iper, published at Greonport, in the Town hold, County of Suffolk and State of Now nd that the Notice of which the annexed Is ed copy, has been regularly published in swspaper once each week for One successively, commencing on the 8 ~ November 19 84 Principal Clerk to before methis 8th November 19 84 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OP BUILDING INSPECTOR APPEAL NO. DATE TO THE ZO. NING,?~'~F,A~ ~-~-) BOARD ./~/- OF ~1~ &PPEAL~~ / ~WN '~ OF SOUTHOLD, N. Y . ,, ........ ...... ........................... Name o~ Appellont Street end Number .......................... .................................................... ......... Municipolity Stete THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON DATED-' ~/T/e? FOR.' '~,/,.~/~' /Z:~'*r WHEREBY THE BUILDING INSPE~TO~ DENIED TO N~m~ of Applicant for p~rmit ~X....~.~& .......................... 4~x~......~4eO.....~.. ~ .................... Street ond ~umber Municipality Store of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~ PERi, IT TO BUILD l. LOCATION OF THE PROPERTY ./~.~...~.~'......,./~.~......./~..F .~....~...~-r/./.d ........................ Street ~d H~et Zone ..~z~.:~ ..................................... ~/. .............. o~(s): M~ ~o. ~o, ~o. 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.) ~ticle , ~ction ~M/~ /~ Y~ ( ) A VAR~ANC5 to ~he Zom~ Ordinance or Zon~n~ ( ~ A VAR]ANC5 due ~o bck o~ scce~ (5~s~e o~ New Yo~k To~n A~L ]8 Sec 280A 5ubsecHo~ 3 4. PREVIOUS APPEAL A previous appeal (has) (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 ...................................................................... REASON FOP, APPEAL ( ~ A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that we would like to ~o~ ~] (Continue on other side) REASON FOR APPEAL Continued sar~ HARDSHIP becaus~ /7- ~,r.,,z.Z) STRICT APPLICATION OF THE ORDINANCE would produce practical 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ss i~ i i~ t ~Fs .~.. ,~./~ . .J~.....~.),. ~. ............. day BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board bf Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~.i! is t~intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a~Varia~ce~($pecial Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to you~ property aj~d is des- cribed as fo ows: t~/~:T ~'~/~- ~1~',/-~,~.~ ~',,~) ./~'/~,,t~ ~'~/~. / 3. That the p~.er,y whichF~'~:~)is the subject~.~.of such P~s. located in the following zoning district: 4. That by such Petition, th~ under,igned ~ill.req?st thejollo~ relief~~ ~ ~$~ $, That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 6. That ' ' fiv' a y om the date hereof, a written Petition requesting the relief specified above wifl~ 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in 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. Petitioner .... ~' - ~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ? P 63~ 497 008 P 637 497 i9n4 STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: P 637 497 B10 R£¢PlPT FOR ~N=RTIFIFD MAiL NO INSURANCE C[DVERAGE PROVIDED NOT FOR INTER'NATIONAL MAIL (See Reverse) PO. State and ZIP Code Postage Special Delivery Fee Restricted Delive~ Fee Return Receipt Showmg to whom and Date Delivered Return receipt showing to whom, /-/ . residing at __ ~.~ .... ~ - , beln~ duly ~wor~, deposes and says thal on the ~ day of .~ . ~~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sl~e ~reof, directed to each of the above-named persons at the addresses set opposite ~h~r r~pective name; that the addresses set opposite ~he names of said persons are the addresses of said persons as shown on the current a~smen~ rail of the To~n of Sguthold; that said Notices were mailed at the United Stat~ Post Of- ficeat ~ ~ ~ ,~1~ ~J ~u/~ of~;that said Notices were mailed to each of said personsby (certified) (regiStered) mail. ' x ' Sworn toAefo,~ me ,his I d Notary Public The ;i.Y.S. [Ironl~len[al quaii~.y i{ov~,~W~l~t requires sub- mission of this~rm, and an envirom!~ur~[al ~view will be made by this board before any action 'is taken. (a) In order to answer the questions in this short gAF is is assum, ed that the preparer will uss currently available inforr, atlon conce:-ninE the ~oJ~c~ and {b) If any question has b~n answered Yes th~ pFo~c~ ~y ba si~ificant and ccm~leted Enviro~m~ntal Assessment Fo~ i~ necessa:~. (c) If all questions have been answered No i~ is l~ely t~ %his project nc~ significant. (d) Envirernental As~ese,mf~ 1. Will project result in a large physical change to the project site or ~hysically alter more t~an 10 acres of land? · · · · , · · 2. Will there be a major change to any %uxiqus or unusual land form found on the site? . W~_ll project alter or have a lares effect on an existing body of water? · · · · . , &. Will project hays a potentially large impac~ on groundwater quality? , , . · . · · · · 5. Will project significantly effect drainage flow 6, Will project affect any threatened or endangered plant or ani~nal species? , , , , · , 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the com.munity? · , · 9. Will project adversely impact any site or struct~. ute of historic, pre-historic, or paleontological importance or an7 site designated as a critical environmental area by a local agency? · 10.Will project have a major effect on existing or future recreational opportunitlea~ · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project'S operation? · 13. Will project have any impact on public health or l&, Will project ~£fect the existing community by directly causing a ~rowth in permanent popula- tion of more t~an 5 percent over a one--year period or have a major negative effect On charact~7 of the com. munzt7 cr aeignborhooo?. , Yes 15. I~ there publ~$.cqntrovc~y ~oncern~ng th~ pro~¢ct? ,,, Yes ,R~PRESSNTIbG: ' /~ ~OJN~ - DATE: ~//~/P Yes ~ No Yes /No Yes /No Yes Yes ~No Yes /No Yes /No Yes QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony ~3rook, NY 1179~1, (tel. 516-751--7900), if you have checked Box ~1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] [ ] 3. [ ] [ } 5. [t/~ 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor,dition [ ] the full length of the property [ ] at least I00' in length Not located within 300' of waterfror,t or wetlands area May be located within 300' of waterfront or wetlands area; I~owever, the following structure separates ~ay property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward ~dge of tidal wetlands/waterfro,~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of tt~e 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 I_aw and to prevent any unnecessary delays in processing your application(s). 10/831k pOW or ,~ oeorC~joe 4 '27 '~ JS. 5~2' '32 " W. 00' i/ iT~, NE.W YORK : G '05 "~ $2. GG ' DATE: APfi SCALE: t" NO. 84 FOR .~ RUKOWSKI ~ MARGARET KRUKOW', '~ SOUTHOLD COUNTy, NEW YORK ~R AVEf JE D, NEW YO~ Lot '/5 G3 00' ,/ '05 NOTE: I. ~1: MONUMENT FOUND [ 2. O=PIpE FOUND $. SUFF. CO, TAX MAP- Dli~. tO00 SECT. 075 BLK, 06