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HomeMy WebLinkAbout3198North Side Flint St., Grnp~-. 2/11/84 ~ ~/~ ~/~ .... DWP.~ permission to establish two,family dwelling use on a parcel of land contain-] ing less th'a'n the r'equired'four~acres 'in Appeal No. Application TO: Mrs. '1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF TH'R ~.ONING BOA~I) OF APP~.kLS 3198 Dated and filed December 9, 1983 Christina M. Dinizio Greenport Housing Alliance [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on February 11, 1984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section t00-30(A) [ ] Request for The public hearing on this application was held on January 25, 1984. Application for CHRISTINA M. DINIZIO, by the Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this A-Residential and Agricultural District. Location of Property: North Side of Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, part of 14, and part of Seventh Street. The board made the following findings and determination: This appeal is from a disapproval of an application to the Building Inspector to place a two-family dwelling on a portion of premises to be leased to the Greenport Housing Alliance, Inc. from Christina M. Dinizio. The premises are located on the north side of Flint Street near the Village of Greenport. This parcel has a frontage of 175.96 feet on Flint Street; a depth of 124.63 feet along its west side line; a depth of 165.32 feet along its east side line (the westerly boundary line of the Incorporated Village of Greenport); and a rear lot line of 181.21 feet along the Long Island Railroad right-of-way. The premises are located in the "A" Residential and Agricultural District and contains a total area of 25,524 sq. ft. The appellant proposes to move a one-family dwelling building on to the easterly portion of the premises having an area of 12,348 sq. ft. with a frontage of 78.96 feet on Flint Street, and a two-family dwelling on the westerly portion of the premises having an area of 13,176 sq. ft. and a frontage of 97 feet on Flint Street. The appellant has appealed to this board for a ~ariance (a) rehabilitate a two-family structure to be moved to the subject premises and (b) a variance due to lack of access. Section 100-30(B) [1] of the Zoning Code permits two-family (CONTINUED ON PAGE TWO) DATED: March 3 , 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS PDge 2 - Appeal No. 3198 Matter of CHRISTINA M. DINIZIO' Decision Rendered February 11, 1984 dwellings as a special exception and subject to site plan approval by the Planning Board. Section 100-31 of the Zoning Code provides for the bulk and parking requirements for lots located in the "A" Residential District. The requirements of Column A-80 of the Bulk and Parking Schedule are applicable to the one-family parcel, and Column A-160 would apply to the two-family parcel. It appears that the one-family parcel does not comply with the bulk schedule requirements with respect to lot area, lot width, lot depth, front and side yard requirements; and that the proposed two-family parcel is deficient with respect to lot area, lot width, lot depth, front yard, one side yard, and livable floor area of the second floor. Since the Building Inspector has disapproved a building permit due to noncompliance with Section 100-30(1) of the Code only, and since no appeal is before this board for noncompliance with the bulk requirements of Section 100-31 of the Code, this board is without jurisdiction to consider variances from the bulk requirements of Section 100-31 of the Code. Also, since the premises in question fronts along a 50' wide town road, the request by appellant for a variance due to lack of access would not appear to be proper under the circumstances. As previously indicated, two-family dwellings are only permitted by special exception of this board. However, no application for a special exception is before this board, and accordingly no such approval can be given by this board. For the above reasons, the Appeal must be denied, without prejudice, however, to reapply for the required variances and special exception approval. Since this board exercises appellate jurisdiction in variance cases, the notice of disapproval issued by the building inspector should be amended to indicate that the proposed division of the parcel into two lots does not comply with the bulk requirements of Section 100-31 of the Zoning Code. Section 100-30(B) of the Zoning Code provides that, in addition to the requirement that a special exception be granted by this board for the construction of a two-family dwelling, site plan approval must also be granted by the Planning Board. It is suggested that the aforementioned notice of disapproval be further amended to reflect this fact. In conclusion, it should also be mentioned that the Planning Board, by resolution adopted on September 9, 1983, approved the setoff or division of the premises into two lots. However, such approval was subject to the condition that "a single-family resi- dence only be permitted for each lot." No mention of such condition is set forth in the notice of disapproval issued by the Building Inspector. Until such condition is removed, it would appear that it precludes a two-family dwelling on the westerly portion of the premises. As indicated in the minutes of the hearing of this Appeal, this board is in sympathy with the goals sought to be achieved by the Appellant. However, it also believes that it is this board's duty to apprise the Appellant of the various code requirements that must be adhered to if the goal to be achieved is to be in conformity therewith. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, Page 3- Appeal No. 3198 Matter of CHRISTINA M. DINIZIO Decision Rendered February 11, 1984 IT IS RESOLVED, that the application for CHRISTINA M. DINIZIO Appeal No. 3198, BE AND HEREBY IS DENIED, WITHOUT PREJUDICE TO REAPPLY. Location of Property: East Side of Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, part of 14 and part of Seventh Street. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, DOug- lass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was unanimously adopted. ,.ECEIVED AND FILED BY TIlE SOUTt{OLD TOWN CLERK DATE~/~ HOUR ~:~. Town Clerk, Town of Sou4~old GERARD P. GOEHRINGER, March 5, 1984 Southold MAIN ROAD- STATE RI-lAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR~ SERGE DOYEN. JR ROBERT ~ DOUGLASS JOSEPH H. SAWlC~ ~SOUTHOLD, L.I,, N.Y. 11~?1 TELEPHONE (516 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 2~7 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town ~all, Main Road, Southold, NY, on Wednesday, January 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY-t1956, ~for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) [1], 100-31, and Article XI, Section 100-118ID) & (E), for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-141-2-16, 17, 18, 19, 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 95 acre parcel located at Fox Avenue, Fishers Island, NY; CoUnty Tax Map Parcel No. 1000-6-1-3. 7:40 p.m. Application for CHRISTINA M. DINIZI~, by Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Section 100~30(A) for per- mission to establish two-family dwelling use on a parcel of land  containing less than the required four-acres in this A-Residential and Agricultural DistricT. Location of Property: North Side Flint Street, Greenport, NY; Parcel No. County Tax Map 1000-48-2-13, parts of 14 and part of 7th Street. 7:45 p.m. Application for HERBERT R. MANDEL, by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the $oning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. Page 2- Legal Notice of Hearings for 1t25/84 7:50 p.m. Application of DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-61 for permission to construct addition ~o restaurant leaving an insufficient frontyard setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beachwood Cafe); County Tax Map Parcel No. 1000-54-5-22. 8:00 p.m. Application for D.J. CLAUSE ENTERPRISES, by William W. Esseks, E~q., 108 East Main St, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insuffi- cien~ area and width of parcels in this proposed division of land at the East Side Love Lane, Mattituck, NY; County Tax Map Parcels No. 1000-140-3-3.1, 42.1~ 42°2, 43. For information concernIng the above matters, please conLact Linde Kowalski at 765-1809 (or 1802). Those persons having an interest in any of the above masters may appear a% the time and place specified herein. Dated: January 10, 1984. BY ORDER OF THE SOU~[OLD TO~q BOARD OF APPEALS GERARD P. GOEHRINGER CHAiR~AN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday~ January 19, 1984 and forward one affidavit of publication to: Board of Appeals, Main Road, Southo!d, NY 11971 before January 23, 1984. Copies have been provided for each of the following 1/16/84: Mr. J.L. Horton, Box 21, New Suffolk, NY (for North Fork Baptist Church) North Fork Baptist Church. C.R. 48, Mattituck, NY ~t952 Mrs~ Emily P. Ridgway, Box 251, Fox Ave, Fishers island, NY 0639~ Mrs. Christina M. Dinizio, Greenpor~, NY 11944 Greenport Housing Alliance, 18 South Street, Greenporu, NY 11944 Mr. Garrett A. Strang, Box 1412~ Southold, NY (for H.R. Mandel) Mr. Herbert R. Mandel, Inlet Lane Extension, Greenport~ NY ~4r. Douglas Castoldi, 855 Eugene's Road, Cutchogue, NY 11935 (Beachwood Cafe) Suffolk Times, Inc.. for publication L.I. Traveler-Watchman, Inc. for publication Supervisor F.J. Murphy Town Board Members Town'Attornev Planning Board Chairman Building Depart~.en~ Z.B.A. Members Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No .............................. To .~...~...~.T-.. ~..~.~ .h~... ........ i~...~...~ ......... .........~ ~ ~-~'-~...b:,).: .~ ............ PLEASE TAKE NOTICE that your application dated.. ~/Q.. ?..~...0?2...[~....). ¢ .... 19..~...~ for permit to construct...~....~ ~....~.. ~,-~--~ ..................... at Location of Property .......... .~..~ .... ~ .-~... .... ..~. ~...~?--~rT...~..~... ..... House No. Street ~ Nam/et County Tax MaP No. 1000 Section ....O...~. i~. .... Block .... Cl...>~.i ....Lot ... ??..~ ...... Subdivision ................. Filed Map No ................ Lot No .................. ~s returned herewith and disapproved on the following grounds..~:'..~......-~... .......... ...... .: .... : ............... .L ............. Z} ...... ~ ..... .. ............ : ...... .~I.~.~...,~.~..~...~.....~. ~. ~!~.. ~ .... Building Inspector RV 1/80 TOWN OF SOb~HOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. APP.,, NO. DATE Nome of Appellant Street and Number Gr~nport ~w York .: ......... .7. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) Name of Applicant for permit of .......................................... Street OhO Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 2 - family dw~lling i LOCATION OF THE PROPERTY ....~A~...~k~.e3..~...,.-...~.~.~..°.~.?. ....................................... Street and ~Ze~c lone 1000 $~ction 0eS Block 02 LoC 9e OWNER CS): g~-~.i.s.~.gP.~..'~.i.nA~g ....... /V~OD No. Lot No. DATE PURCHASED: ~9~~. ................ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section ana Paragraph of the Zoning Ordinance by number Do not quote the Ordinance. 1 Article ~I , Section _,,uu - ~0 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due ~o lack of access State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. ~REVIOUS APPEAL A arevious appeal (t~i) (has not) been maoe with respect to this decision of the Building inspector or with respect to this property. Sach ~ppeal was ~ ) request for a special permit ~ ) request for a variance and was made in Appea No ............................... Dated ...................................................................... REASON FOR APPEAL [ ) A Variance to Section 280A Subsection 3 (~.) A Variance ~o the Zoning Ordinance ~ is requesteg for the reason that we wo~d ~±ke b_ous~ to o~ occupied by-two families, ~h~ hous~ b~fo~o b~in~ moved to ~?ais location was on Cobb{in S-~m~t in Gr~npoz~ ar_d was used as a 2, family dw~tiingo This is a joint pro~cz by th~ gr~enport Housing Alliano~ and th~ Sou%~old Town Community D~v~lopm~nt o£fica to address ad~qua~ a£fordab!~ housing for low and mod~rat~ incom~ famiii^s in Southoid ~own. Form ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~'¢~ i%~.~d_ %0 i1~v~ %h~ ~ll%e.! ilecom~ f~om '~h~ 8.dditJ. oi%al unit ~o mak~ ~his proj~a~ finssncially i'~asibl~. Without this additional univ w~ would not b~ ab!~ to carry ou~ our futum~ objectives to r~habiii- "ba%~ o~h~r subs~a~d~d and condemned housing units 2. The hardship created is UNIQUE and is not shared ay ali properties alike in the immediate vicinit., of this property and in this use district because &fi ar~ currently occupied orz~ Z~miiy dwi!tings. Th~ is no o~b.~r avai!abi~ housing units in t~ vicinity i~g~ ~nough to b~ converted to a This building already exists with two fully equipped units. 3 The Variance would observe the sDirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it wiTLI ~,-ms. irz as ' ' ~ ' ~ =" ~s%a.~nh_, &z usag~ COU NT'¢ OF )" Signature Notary Publlc poo 3(- -' - APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- S',rA'I'E i~DAD 2~ [:]OLITHE)LD. k.l., N.Y, llg?l TELEPItONE (516) 7,% I,'309 Hatch 26, 19,.~5 Mr'. Paul Dinizio 637 Brown Street Greenport, NY 11944 Property of Christina M. Dinizio County Tax Map Parcel No. 1000-48-2-13, Prior ZBA Appeal No. 3198 14, 15 Dear Paul: Our secretary has advised us Lhat you were in our office on Friday concerning your wife's property at Seventh and Flint Streets, Greenport inquiring as to whether the lots in question were legal sized lots and a Certificate of Occupancy cnuld be issued. From the information which I have, it would appear that the premises consists of three 50~ lots designated on the Greenport Driving Park Subdivision Map as Lots 94, 95 and 96. It would also appear that at some time in the past the Planning Board approved a division of the three lots into two lots, both nf which do not conform to the present lot size requirements of the Southold Town Zoning Code. It is the opinion of the board that the two resulting lots do not constitute legal size lots and that in order that [he same be rectified, an application must be made to the Zoning Board of Appeals for variances for each lot. Since the Zoning Board of Appeals jurisdiction in variance cases is appellant, you must first apply to the Building Inspector for a Certificate of Occupancy and be denied such Certificates of Occupancy before the Z.B.A. has jurisdiction Page 2 - March 26, 1985 To: Mr. Paul Dinizio Re: Parcel No. 1000-48-2-13,14, 15 to consi~der this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Mr. Victor Lessard, Executive Administrator Southold Town Building Department Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING ('516) 360-5513 LEE E. KOPPI~.MAN May 24, 1984 Applicant: Mun. File No.: S.C.P.D. File No.: Christina M. Dizizio 3198 SD-84-4 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application% which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitted to demonstrate compliance with applicable variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner 11788 Southold Town Board of'Appeals MAIN ROAD- BTATE ROAD 25 SrlUTHDLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Section 100-30(^) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3198 Applicant: CHRI$1INA M. Location of Affected Land: North Side of Flint County Tax Map Item No.: 1000-48-2-13, part of 14, Within 500 feet of: ×X __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area __Existing or Proposed Right-of-Way of Any Channel Owned by the County or lished Channel Lines, DIZIZIO Greenport and part of 7th Thruway State or Federally- State or Federal Park Stream or Drainage for Which The County Has Estab- or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was denied. COMMENTS: Applicant ~s-~e~es~ng permission to establish two-family dwellinq use on a parcel of land containinq less than the required 4 acres in this A-Residential & Aqricultural District. St. Copies of Town file and related documents enclosed herewith for your review. Dated: May 18, 1984 ~ ~~ Temp. Secretary, Board of Appeals EAST END SUPPLY C DINIZIO -- C DINIZIO I~A~'l~ l~Nrs glIPPLY EAST END SUPPLY ~ C DINIZIO EAST END SUPPLY EAST END SUPPLY C DINIZIO C DINIZIO I~.AC~T I~NT~ ~ITPPI,V EAST END SUPPLY -- C DINIZIO C DINIZIO ~AST ~ND ,~{IPPI.Y APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK[ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHC]LD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 January 27, 1984 Mr. Beverly Smith Greenport Housing Alliance 18 South Street Greenport, NY 11944 Re: Appeal No. 3198 - Christina M. Dinizio Variance for Two-Family Dwelling Use Dear Mr. Smith: In reviewing the map that was recently approved by the Planning Board, it was found that the subject parcel has frontage along Flint Street of approximately 87.98 feet; however, no other dimensions were given. Please provide our office with three surveys depicting the exact dimensions of this particular lot together with the total square footage thereof (inclusive of the 25' of Seventh Street), and the easterly side yard setback distance. Thank you for your assistance and cooperation. Yours very truly, CC: Mr. James McMahon Mr. victor Lessard Mr. Merlon Wiggin GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Toy Zoning Board of Appeals ~, the Town Hall, Main Road, Southold, NY, on Wednesday, January 25, 1~4 commencing at 7: 30 p.m. and as follows: 7:30 p.m. Application of' NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning ~Drdinance, Article III, Sec- tions 100-30(A)[1], 100-31, and Article XI, Section 100-118(D) & (E), for permission to construct modular home containing loss than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwelling~ permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-141-2-16, 17, 18,19, 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a ~o .~ariance -to the Zoning Ordinance; Article III, Section 100-30(A) for permission tn construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 9± acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-1-3. ~:40 p.m. Application for [ CHRIS?INA M. DINIZIO, by \ Gre_enport Housing Alliance, ~ J 18 South Street, Greenport,~ ~ NY, for a Variance to the[ ~ Zoning Ordinance, Article III, ~ ]Section 100-30(A) for permis-] [ sion to establish two-family~ 'page 13A dwelling use on a parcel uf~ land containing less than the g required four-acros in this A] Residential and Agricultural ~ District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. ~ ~' 7:45 p.m. Application for HERBERT R. MANDEL, Dy Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance,'Article III, Section 100-31. for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel --No: 1000.036.02.026. 7:50 p.m. Application of DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-61 ( Bulk Schedule) for permission to construct addition to rostaurant leaving an insufficient frontyard setback on Kenney's Road and North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-22 (Beachwood C~fe). . 8:00 p.m. Application for D. J. CLAUSE ENTERPRISES, by William W. Esseks, Esq., 108 East Main St., Riverhead, 1~3qY for a Variance to the Zon- '/ing Ordihance, Article VII, Section 100-71 for approval of insufficient area and width of parcels in this proposed division of land at the East Side Love Lane, Mattituck, For information concerning the above matters, please contact Linda Kowalski at 765- 1809 (or 1802). Those persons having an interest in any of the above matters may appear at the time and place specified herein. Dated: January 10, 1984. BY ORDER OF THE SOUTHOLD TOWN i~' BOARD OF APPEALS · ~' GERARD P. GOEHRINGER CHAIRMAN 1TJ19-4467 STATEOFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN ~ ~LL]~N of Groenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for o~e weeks successively, commencing on the ~? ~ dayof ,~n~ ry 19 ~J. Principal Clerk Sworn to before me this 1 dayof January 19 84 E~, pursuant to Section 207 oI the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals'at the Town Hall, Main Road, Southold, NY, on Wednesday, Januar~ 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Article 111, Sections 100-30(A)[1], 100-31~f'l and Article XI, Section 100-118 (D) & (E), for permission to construct modular home con- raining less than~8~0 sq. ft. of livable floor area and reinstat- ing the use of this structure as a one-family residence ex- coeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, _NY; County Tax Map Parcel . Nos; 1000:141:2:I6~'17~ 18,'19, - 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY~ Box 251, Fishers Island, NY for a Variance to the Zoning Ord- inance, Article III, Sectiog..' 100-30 (A) for permission to construct accessory building for use as caretaker's cottage' and garage in addition to existing dwellings on this 9_.+ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Pareel No~ 100~6-1-3. ~9~40 p.m. Application for '~ .~I-IRISTINA M. DINIZIO~ by · Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IlL Section 100~30(A) for permis- sion to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this.. A-Residential and Agricultural District. Location of Property: North Side Flint Street, Green- .~ port, NY; County Tax Map ~Parcel No. 1000-48-2-13, and parts of 14 and part of 7th... 7:45 p.m. Application for HERBERT R. MANDEL~ by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con. struct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. j ~0 7:50 p.m. Application of DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, i NY for a Variance to the ' Zoning Ordinance, Article VI, - Section 100-61 for permission to construct addition to rest- aurant leavirlg an insufficient fronyard setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beach- wood Cafe); County Tax Map Parcel No. 1000-54-5-22. 8:00 p.m. Application for D.J. CLAUSE ENTERPRISES~ by William W. E.sseks, Esq., 108 East Main St., Riverheud, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duty sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island '[raveler-Watch- ...........................,............ weeks man once each week for successively, commencing on the day of ............... . ,.~. m-~..,~k':~j ................. , 19..g.'.~.. Swam to before me this ............. /.~'...¢. ......... day of Southold Town Board of Appeals -3- January 25, 1984 Regular Meeting (Appeal No. 3199 EMILY P. RIDGWAY, continued:) MR. CHAIRMAN continued: approximately 14 feet from the existing drive, 70' from the farthest corner of the larger dwelling structure. The structure is proposed to be 60' by 24' with a cut out of 20' by 24' for the garage. I also have a copy of the County Tax Map indicating this property and the surrounding properties in this area. Do you have anything to add, Mr. Doyen? MEMBER DOYEN: I believe I understand the analogy of the law. I understand the law doesn't provide for additional living quarters except through a subdivision; however, the law still allows 80,000 sq. ft. (per house). I would like to see them get relief but I don't know how we can render it. Otherwise we know it would have to go through the Planning Board for a subdivision. MR. CHAIRMAN: I will say this--Mr. Grigonis, myself and others were working on the zoning committee and this area did not come up and therefore it was not addressed and I cannot give you an answer at this time. MR. CHAIRMAN: Is there anyone else wishing to speak for this application? Anyone wishing to speak against this application? Board members have questions? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBERS DOUGLASS AND SAWICKI: Seconded. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3199, EMILY P. RIDGWAY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3198. Application for CHRISTINA M. · DINIZIO, by Greenport Housing Alliance, 18 South Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish two-family dwelling use on a parcel of land containing less than the required four acres in this A-Residential and Agricultural District. Location of Property: North Side of Flint Street, Greenport, NY; County Tax Map Parcel N6. 1000-48-2-13, and parts of 14, and part of Seventh Street. The Chairman opened the hearing at 7:47 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of Associates, Inc., Consultants, dated of the proposed two-family dwelling, a sketch prepared by Peconic 8/18/83 showing the location vegetation and parking areas. So~thold Town Board of Appeals -4- January 25, 1984 Regular (Appeal No. 3198 CHRISTINA M. DINIZIO, continued:) MR. CHAIRMAN continued: We also have a copy of the Suffolk Counts Tax Map indicating this property and the surrounding properties ~n this area. Who would like to speak in behalf of this application? Meeting MERLON WIGGIN: The lot in question is about 25,520 sq. ft. in area and of which is covered approximately seven percent which is less than the average of the lots in the neighborhood. Lot #2 would contain the one-family unit, and the other one is designated as the two-family unit (Lot #1). The smaller one is on the right side of the map. MR. CHAIRMAN: I read that incorrectly--it should have been Lot #1. MR. WIGGIN: And the larger one is the two-family unit. Both of them size-wise have trouble meeting the square-foot standards for two-family units. That's why the smaller one is taken for the one-family unit. The larger unit, when you take the living space including the stairway lane of the second floor you get 857 sq. ft. The second floor living area inside the -- only comes up to 746 sq. ft. So there's no way to meet the 850 on the second unit without an addition. The reason the first one--the lower one is because of the porch on the lower floor. And it's not real practical with the funds they have to make an addition for the other lO0 sq. ft. MR. CHAIRMAN: You said the second floor of the proposed two-family dwelling is 746 sq. ft? MR. WIGGIN: 746 sq. ft. MR. CHAIRMAN: Ok. Can I ask you, does Mrs. Dinizio plan to sell these, or-- MR. WIGGIN: They're being leased --perhaps you want to explain the technicalities of the lease (to Mr. Smith)-- BEVERLY SMITH: My name is Beverly Smith, and I'm with the Greenport Housing Alliance. MR. CHAIRMAN: I remember-- I will say, Mr. Smith, that I am happy that you acquired them or somehow have gotten them under lease ~nd moved them (from the East End Supply Co. premises). We felt very bad about that situation and that was the reason why at the last hearing I had suggested that maybe you could arrange some type of agreement with East End Supply and I'm happy you did. MR. SMITH: Yes, it worked out fine, thank you. With the arrangements we had to make in order to sell these two houses and to make locations for them, we're trying to enter into a long-term lease agreement with the owner of the property, Christina Dinizio, ( Southold Town Board of Appeals -5- January 25, 1984 Regular Meeting (Appeal No. 3198 - CHRISTINA M. DINIZIO, continued:) MR. SMITH continued: and our lease agreement would give us a ten-year option for renewal at the end of the 10-year term, and during that period of time we'll be liable for the taxes, upkeep maintenance of the property, et cetera, and at if the owner decides to sell the property within that term, we'll have first option for refusal. We feel that the owner will cooperate and extend the lease an additional five years and continue to do so as long as we upkeep the property and maintain it for low rental--he expressed his interest to just have the property used to help low-income families--so we don't anticipate--we won't be selling the property first of all. The owners will retain the property. MR. CHAIRMAN: Thank you. You gentlemen are aware of our present problem in this town concerning two-family housing, and the four-acre restriction, and so on and so forth placed upon it. I have nothing to add to that other than the fact that I have been to both meetings of the proposed zoning map with the Planning Board, and they did ask at the second meeting which I think was on the 22nd of December, if anything had been done on two-family housing to that particular date, and they did tell us that nothing had been done. Only that they were going to designate certain areas. So it puts us back into the origi- nal position that we were in. I have no idea how this board feels about it--I'm only relating to you the area of the problem that we have in dealing with this particular issue. MR. WIGGIN: The Planning Board is recommending that this be considered, so. MR. CHAIRMAN: The problem that we run into is that it is-- although it's a reinstatement it's really a form of a Special Exception since the property has been severed from the original property that it was placed on, and it became personal property until it's placed back onto the real property again, and that's the position we're in at this particular time. We will definitely try and do everything we can possibly do. I am happy that you were able to acquire the building because it's a shame to see something bulldozed when there is a tremendous need for this type of housing. MR. WIGGIN: Structurally we will be able to bring it up to the State and energy standards. Originally it was planned to have two, two-family units--but we thought that we had better back off and compromise and ask for a one-family and a two-family. And HUD felt quite strongly we needed the second family. MR. SMITH: I'll like to say to the board that we tried to address some of the overcrowded housing conditions that presently exist, but on our plans, if the board does approve the two-family units, we would more or less put probably a senior citizen or a single person, or just so that we accommodate the number of rooms that we have to the number of people that would be occupying-- we wouldn't overcrowd these houses. Southold (Appeal Town Board of Appeals -6- No. 3198 - CHRISTINA M. DINIZIO, January 25, 1984 Regular Meeting continued:) JAMES McMAHON: Just one thing on this application just so that ( maybe some of the board members that haven't seen or aren't familiar with the site before-- these are structures that were on the Dinizio property before it was cleared, and these are the two houses that have been moved to the site and we would propose making a three living units out of these two sites. When these houses were on the East End Supply lots, there were also two additional small houses on those lots so really when the East End Suppy lots were cleared, there were five living units taken away and what we're asking the Board of Appeals here is that to make this an economically sound project, we would be able to convert one of the--or the larger of the two units into a two-family unit. As Beverly (Smith) said before, I think since it is less than 850 sq. ft., we would like to put a senior citizen or a single occupant on that second story. Thank you. MR. CHAIRMAN: I thank you very much. Mr. McMahon? MR. CHAIRMAN: Thank you, Mr. McMahon. All right, can I ask a question of any of you three gentlemen--you're continuing to work on this anyway, is that correct? You haven't stopped con- struction on this? MR. McMAHON: The movers have not been back to the site to place the houses on the foundations, and without--we could go ahead I suppose and start working on the--once the houses are placed on the foundations, we could go ahead and start renovating the single unit, and then we would have to wait for the board's discretion for the second house. MR. CHAIRMAN: Thank you. Would anybody else like to speak in favor of the application? Against the application? Any other comments? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. It may take us a little time on this one, gentlemen--that's the reason why I asked the question. Ok? Can I keep these, Jim? MR. McMAHON: I'll make copies for the board. MR. CHAIRMAN: If I take them tonight, I'll have to keep them forever. (Photographs were returned to Mr. McMahon.) MR. CHAIRMAN: reserving decision for each lot. I'll make the motion closing the hearing and subject to receiving approximate lot dimensions On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision, subject to receiving a survey showing the lot dimensions for each lot. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1509 APPEALS BOARD MEMBERS April 5, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S o E, Q, B,A, SERGE DOYEN, JR. ROBERT J, DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H, SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3240 PROJECT NAME: JOHN AND PATRICIA DINIZI0 by Robin Carr This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to construct ingr0und swimmingp00] in the sideyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 315 Brown Street, Greenp0rt, NY; ]000-48-3-42.3. 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 within 300 feet of tidal wetlands or other critical environmental area. 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. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 9, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: ~ Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3198 application of Greenport Housing Alliance~ Inc. for a variance. Also included is notificiation 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; and survey. Southold Town Clerk HENRY E RAYNOR, Jr., Chairrmn JAMES WALL BENNETT ORLOWSKI, Ir. GEORGE RITCHIE LATH.MM. Jr. WILLIAM F. MULLEN, Jr. Southold. N.Y. 11971 TELEPHONE 765-1938 September 14, 1983 Mr. James McMahon Community Development Southold Town Hall Southold, New York 11971 Re: Christina M. Dinizio Greenport Housing Aliance Dear Mr. McMahon: The following action was taken by the Southold Town Planning Board, Friday, September 9, 1983. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as indicated on the map of Christina M. Dinizio, located at Greenport, with a condition that a single family residence only be permitted for each lot. Kindly supply our office with four (4) copies of the approved survey for endorsement of approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary APPEAL NO. 3198 GREENPORT HOUSING ALLIANCE, INC. This Appeal is from a disapproval of an application to the Building Inspector to place a two-family dwelling on a portion of premises to be leased to the Greenport Housing Alliance, Inc. The premises are located on the north side of Flint Street near the Village of Greenport. This parcel has a frontage of 175.96 ft. on Flint Street; a depth of 124.63 ft. along its west side line; a depth of 165.32 ft. along its east side line (the westerly boundary line of the Incorporated Village of Greenport); and a rear lot line of 181.21 ft. along the Long Island Rail Road right of way. The premises are located in the "A" Residential and Agricultural District and contains a total area of 25,524 sq. ft. The Appellant proposes to move a one-family dwelling building on to the easterly portion of the premises having an area of 12,348 sq. ft. with a frontage of 78.96 ft. on Flint Street, and a two-family dwelling on the westerly portion of the premises having an area of 13,176 sq. ft. and a frontage of 97 feet on Flint Street. The Appellant has appealed to this board for a "variance due to lack of access". Section 100-30 B(1) of the Zoning Code permits two-family dwellings as a special exception and subject to site plan approval by the Planning Board. Section 100-31 of the Zoning Code provides for the bulk and parking requirements for lots located in the "A" Residential District. It would appear that the requirements of column A-80 of the bulk and parking schedule are applicable to tl~e one-family parcel, and column A-160 would apply to the two-family parcel. It would appear that the one-family parcel does not comply with the bulk schedule requirements with respect to lot area; lot width; lot depth; front yard and side yard requirements, and that the two-family parcel is deficient with respect to lot area; lot width; lot depth; front yard; one side yard; and livable floor area of the second floor. Since the Building Inspector has disapproved a building permit due to noncompliance with Section 100-30(1) of the Code only, and since no appeal is before this board for noncompliance with the bulk requirements of Section 100-31 of the Code, this board is without jurisdiction to consider variances from the bulk requirements of Section 100-31 of the Code. As previously indicated, two-family dwellings are only permitted by special exception of this board. However, no application for a special exception is before this board, and, accordingly, no such approval can be given by this board. For the above reasons, this Appeal must be denied, without prejudice, to reapply for the required variances and special exception however, approval. Since this board exercises appellate jurisdiction in variance cases, the notice of disapproval issued by the Building Inspector should be amended to indicate that the proposed division of the parcel into two lots does not comply with the bulk requirements of Section 100-31 of the Zoning Code. Section 100-30 B of the Zoning Code provides that, in addition to the requirement that a special exception be granted by this board for the construction of a two- family dwelling, site plan approval must also be granted by the Planning Board. It is suggested that the aforementioned notice of disapproval be further amended to reflect this fact. in conclusion, iit should also be mentioned that the Planning Board, by resolution adopted on September 9, 1983, approved the setoff or division of the premises into two lots. However, such approval was subject to the condition that "a single-family residence only be permitted for each lot". No mention of such condition is set forth in the notice of denial issued by the Building Inspector. Until such condition is removed, it would appear that it precludes a two-family dwelling on the westerly portion of the pr'emises. As indicated in the minutes of the hearing of this Appeal, this board is in sympathy with the goals sought to be achieved by the Appellant. However, it also believes that it is this board's duty to apprise the Appellant of the various code requirements that must be adhered to if the goal to be achieved is to be in conformity therewith. TOWN OF SOUTHOLD, NL~V ¥O~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~/~' TO THE ZONING BOARD OF APPEALS; TOWN OF SOUTHOLD, N. Y. Name of Appe~n~ Street and Numar ......................................................................................................................... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Gr~nport Housing: Alliance. Inc. Name of Applicant for permit of IS South Str^^t, Or~nport, i',~w York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 2 - famil,y dw~llinN 1. LOCATION OF THE PROPERTY ...~:~}.in.{g...~..t.F..?..'i.?...z....G.~lZ2..n.~..o..r.~ ........................................ Street and Hamlet Zone 1000 S ction OZl~ Block 02 Lot 9% OWNER(S) Chris'bin~ Dinizio Mop No. Lot No. 1982 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.) Article II! , Section 100 - 30 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 (Imm) (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 FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) , is requesterS_ for the reosoo at we wou~.d like to ~ aa,~mlzba~ an ~xzstzng 2 faz::il ~_ous~ vo o~ occupz~o. ~y two fa:.~zli~s. Th~ hous~ b~for~ b~ing moved to location was on Com%.zin Str~t in Gr~nport, and was used as a 2 family dw~llinS. This is a joint project bl th~ Gr~nport Housing Al!ianc~ and th~ Southold Town Communi-by D~v~lopm~nl; offic~ to address th~ shortag~ ad~quat~ affordabl~ housing for low and mod-rat~ incom~ families in So uthold Town. Fo~ ZB~ (Con~ue o~ o~he~ s~de) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuitiesorunneces- sary HARDSHIP becau~ wp n^~d to hav~ th~ r~ntal incom^ from th~ additional unit to mak~ this project £inancially f~asibl~. Without this additional unit w~ would not b~ abl~ to carry out our £utur~ objectives to r~habilitat~ other substandard and cond~n^d housing units in th~ town. 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 ~]_l oth,~r prop^rti~s in th,~ -v-~oinity ar^ curr^ntl~~ occupied on~ family dw~llin~s. Th^r^ is no oth^r availabl~ housing units in th~ vicinity larg~ ~nough to b^ oonv^rt~d to a two-family- unit. This building already exists with two fully equipped units. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it t..~i~l r^main as r^si~^ntial usa~ on]_yo It ~,~ill not chang^ th^ spirit of th~ ordinanc~ or th~ district. COUNTY OF ) Signature ............ ~' ....... Notory Pubfic .......... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Gr~nport itousing Allianc~ ~ !nc. to the Board of Appeals of the Town of Southold TO: NP. Paul ~?~ John Dinizio 637 Brown Str~t Gr~nport~ H~w York 1194% NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [circle choice] V ami a-~o ~ I. 2. That the property which is the subject of th,e Petition is located adjacent to your property and is des- cribed as follows: Pllnt S~t~ Gr^~l?orv coun~' Ta~ Nap No. 1000 S~ction O~S Block 02 Lot 9~ 3. That the property which is the subject of such Petition is located in the following zoning district: R - 1 4. That by such Petition, the undersigned will request the following relief: r<aabilita-~ on~ ~n~t into a two £amily dwelling Varianc~ to $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article ii! Section lOO - ~O - (1) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5'16) 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. Dated: NOV^iiLb~i' 2C~ 19S3 ~ ::po,-t iiousin~ Allianc~ ~ tnc. Petitioner Post Office Address Gr^*nport ~ I~w York NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P28 7],359!8 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATfONAL MAIL (See Reverse) ~ sTg 7°/g ~ESTRIOT~D DELm~ERY AND ADDRESS OF OELiVERED WITH RESTEICTE[DELIVERY STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says~t on tlie <?++k day of~ .?'~_e r~s~-- , 1 9 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current a~essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flc~ ~ ~-~°~--f'x~jC~--'~'-~ ; that said Notices were mailed to each of said persons by ~(~er t~fied~ ~( r eg~ t e r e d )n~ail. Sworn Lo_before me this ublic NLARY BESS ~Ol~,X pUBLIC, Slate of bio. 4690915 Qualified in Su~otk County BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of G_~npor-h Hous~ n%' A]] i anc~: Inc. to the Board of Appeals of the Town of Southold TO: b~r. Frank Field ~1-0 Niddl*town 2oad Gr~nport ~ .T~w York 119%/% NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ¥ a,_ _alc 2. That the property w~hich is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Pli!% otr~^t~ Gr-,*nport Counter Tax Map No. S~ction 0%S Block 02 Lot 9~- 3. That the property which is the subject of such Petition is located in the following zoning district: R - 1 4. That by such Petition, the undersigned will request the following relief: Varianc-, ~o r~habilitat~ on~ unit i_n~o a two £amily dw~llin6 $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article II! Section 100 - ~0 - (I) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 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. Dated: Howmb-r 2,Z~ 19S~ Gr~nport Housing Allianc~ Inc. Petitioner PostOfficeAddress lO South Str*~t GP~nport~ N~w York 119~% NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P28 7135020 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) (~E'~:~3~-V,~ ~r~r~ ~ , being duly sworn, deposes and says that on'the yr+l<-day o9 ~f'~,3-~v~r--~e~ / ,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 at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-  L/~)~-~o r~[~h'~-'' ; that said Notices were mailed to each of said persons by (reg~ m~il. I SworrtJL~ before me this day of~.c ~-~._~(~tt~_ , 19/'~._~ ~ ~ary ~ARY BESS PHIL[J~ NOTARY PUBLfC, S~ofo BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of Gr~nport Housin~ Allianc~ Inc. to the Board of Appeals of the Town of Southold TO: [-:.r. Carlos D~j~sus Sixth Str^^t NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [c±r¢.1e cho±ce] Varianc~ ). 2. That the property which is the subject of the Petition is located aOiacent to your property and is des- cribed as follows' ~lint Str-~-b Gr**npo~'t County Tax ~[ap ~Oo t000 S~ction 0~,-~ ~lock 02 Lot 9~. 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Varia~c ~ to r~habilitat^ on~ unit inte a two £amit~~ dwelling $. That the provisions of the Southold Town Zoning ~Code applicable to the relief sought by the under- signed are Article III Section 100 - ~20 - (!) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5'16) 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 Traveter-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. Dated: ~o~*~b~r 2a~ 19~:3 Gr~^nport Housing Allianc*~ Inc. Petitioner PostOfficeAddress t~ South Str^~t Gr~*nport~ ~l-w York 119%% NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES___~S P28 7135019 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDER-- NOT FOR INTERNATIONAL MAIL (See Rever§e) POSTAGE t SPECIAL DELIVERY ,? RESTRICTED DELIVERY AND ADDRESS OF ~ ~ SHOWTOWHOMANDOA~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says ~h~ on the ~4J~ day of '3~c ~n,~c~¢~_ , 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 at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at C:~ ~._~ej~:30~J~. ; that said Notices were mailed to each of said persons by t/~r tifi~isteredt mai[. Sworn to before me this ~' day of~c ~,~b~P._ Notary Public /V~RY BESS PHILLIPS I~OIARY EUBLIC, Sfote of No. 4690915 G~ua~ified in Suffolk County 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 Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [~,k] 3. [ ~*-1 4. ~] 5. 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront a rea. 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). I0/831k C SHORT ENVIRON~NTkL ASSESSMENT FOP~M INSTRUCT!05 S: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not exoected that additional studies~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Enviror_mental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , ..... , · , · Yes ~ No 2. Will there be a major change to any unique or unusual land form found on the site? · · Yes ~ No 3. Will project alter or have a large effect on an existing body of water? . · , , · · · Yes ~ No &. Will project have a potentially large impact on groundwater quality? · , · · · · · , · Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? · , · , · · · · · Yes ,~ No 6. Will project affect any threatened or endangered plant or animal species? · · · · , , · · Yes ;( No 7. Will project result in a major adverse effect on air quality? · · , · · · , · · Yes ~ No 8. Will project have a mmjor effect on visual char- known to be important to the community? · · · , Yes 2< No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, Or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes---- No 10. Will project have a major effect on existing or future recrea=ional opportunities~ · · · Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing ~ransporta~ion systems? · · · · · · · · · · · · Yes ~ No 12. Will project regularly cause Objectionable odors, noise, ~lare~ vibration, or electrical disturb- ance as a result of the project's opera~ion? . Yes -- No 13. Will project have any impact on public health or safety? · · · · · , , .., . , , Yes No 1k. Will project ~ffect the existing community by direc%ty causing a ~rowth in oermanent popula- tion of more than 5 percen% o~er a one-yea~ period o__r have a major negative e£fec% on tn° character of %he com. munity cr ~,eighborhood?. , Yes No 1I. Is ~here pub]~contr~concerning~- the project? Yes No R.PRES o o o 0 o ,SHORT ]:~f' 7RUCT!ONS~ (a) In order to a~:;;,~sz the questions in th]~. Shc~-t DAF is is esau.reed that the ?:-e~-:~rer will use currently available ~fo~tion ccncc~l:-,g the project and l~{e[y ~CtS of ~he action. It is no~ e~ected that additional 2tudigs, r~meaFch or ozher investi&ations w~l be ~de~taken. (b) If any question has been answered Yes %he proJec~ ~y be st~ifican~ and a ccmple%ed Enviro~en%al Assessmen= Fo~ is necessa~. (c) If all questions have been answered No i~ is likely =~ =his projec% is ,~q~ slgnifican=. 1. W~I proj~ r~fi~ ii. a large physl~a~ · .~ ~ 10. 11. 1'2. 13. 1L. PREPS%ER' S Will ~, .~ 1~ ~ ;:;..i:. c;:enge to any un:. 'J~: :. j,':ct a~t~r or i[~,'.'e a large eff~": Will , ::!uC~ kav~ a pl~',,~ially larg~ im~c~ on Will 2:':j;ect result in a major adverse ,;fi'oct on air ~..:[~;y? , , , . , , , , W~i ~r.'ject have a F.~j:%r effect on visual W~i project have a ~Jor effect on existing or future recreational opport~ities~ . . Will project result in m~jor traffic Will project reg~arly cause objectionable Odors, ante as a res~% of the project's opera:ion? Will project have any impact on public health or Will projec~ affect the existing co.unity by directly causing a growth in pe~anent pop. a- period ~ have a major negative effect on the character of the com. munity or neighborhood?.. Yes ~ No Yes ~( No Yes ,, Yes--__ No ,, Yes ,,,-< No Yes ~ No Yes '*" No Yea , No Yes No Is there.pub~contr~Z~concern~ng the project? Yes No S IGNAT UR E../~ - ~, ~ ~_~~ TITLE: REPRESENTI~[O: CI ~I,.STIM.n. /Y/. DINtZIO FLINT 9'7.0 N. 82°-q~ 'lC)" I Z , 0,4 ~9 78.96 - I7 5'.9g C_~-.t~I~T'tMI~ b'l. Dllx,ll~fO TOWN o~' 5gXjTtWOL. O, N."( FLINT t,,~O" ~. 35. 0 ---1 N. 8~°~/'Z 'lCD" /? 5'.9~ -- ~ -- =-~-,-~ ' , For ~tru~ion O~?ly H.~. fid. No. ~ ~" ,?~r,,l~q,~,l~~ EHGIHEER[~]G SERVICES 97.0 78. 96 N. 8~°"q7 'lCD" /75'.94 FL ~NT