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Home My WebLink About3240 Southold Town Board of Appeals htAIN ROAD- STATE ROAD 25 SOLITHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3240 Application 'Dated April 4, 1984 (Public Hearing May 17, ]984) TO: Mr. and Mrs. John Dinizi0 [Appellant(s)] By Robin E. Carr 811 Roanoke Avenue Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals held on May 31, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Upon application of ROBIN E. CARR, 8ll Roanoke Avenue, Riverhead, NY for a Variance to the Z~ng Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool in the sideyard area, at 315 Brown Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-042.3. The board made the following findings and determination: By this appeal, applicants seek permission to construct a 16' by 32' inground swimmingpool in the westerly sideyard area as an accessory structure set back lO feet from the westerly sd southerly property lines. The premises in question is shown on the September 15, 1975 survey prepared by R. VanTuyl, P.C. to have an area of 31,336 sq. ft. with 236.98' frontage along Brown Street. The premises is improved with a one-family, one-story frame dwelling set back approximately 70 feet from Brown Street. The board agrees with the reasoning of this parcel is 136.39 feet, and due to there is limited rearyard area. of the applicant. The depth the location of the dwelling, In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. For the record, it is noted that the subject premises was the subject of an appeal, No. 1847, approving the area of 31,336 sq. ft. on October ll, 1973, and which was further grandfathered by the Planning Board September 23, 1980. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3240, application for JOHN AND (CONTINUED ON PAGE TWO) DATED: June 18, 1984. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3240 Matter of JOHN AND PATRICtA DINIZIO Decision Rendered May 31, 1984 PATRICIA DINIZIO, for permission to locate 16' by 32' swimmingpool approximately 10' from the westerly side line and southerly rear property line in accordance with Article III, Section lO0-30(c)[2](a), BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No adverse overhead lighting; 2. Not to be roofed. 3. Not to be attached to the house(without prior approval of this board by reapplication). Location of Property: 315 Brown Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-042.3. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolution was adopted by unanimous vote of a quorum of the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK June 18, 1984 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 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 Board of Appeals a~ the Town Hall, Main Road, Southold, NY on Thursday~ May _17, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permissi'on to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 100C-081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 New York, NY for a Variance to the Zoning Ordinance, Section lO0-118(D) for permission to reinstate nonconforming use of building in this B-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109-03-008. Waverly Place, Article XI, dwelling 7:45 p.m. Application for JOH~ WICKHAM, by Wickham, Wickham and Bressler, P.C., ~ain Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section I00-60 for permission to use premises as a business office for marine contracting, with accessory use for storage and repair of contractor's own Vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box ll3, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections lO0-70(A) and 100-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01- 001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, So~thold, NY for a Variance to the Zoning Ordinances Article V, Section 100-50(C)[1] for permission to erect sign with less than four-foot clearance from ground, at 52800 C.R. 48, Southold, NY; CounTy Tax Map Parcel No. 1000-051-05-002. of ROBIN E. CARR, 811 Roanoke Avenue/ co the Zoning Ordinan.ce, Article III, to construct inground swimmingpool Brown Street, Greenport, NY; County 8:05 p.m. Application Riverhead, NY for a Variance ~Section 100-32 for permission lin the sideya~d area, at 315 Page 2 Legal Notice of Hearings Southold Town Board of.Appeals Regular Meeting of May 17, 1984 T~ Map Parcel No. 1000-048-03-042.3. ~ 8:10 p.m. Application of ROBERT W. GILLISPtE, III, Box lll2, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-$0(C) for permission to erect sign with insufficient setback from the front (street) properts line, at North-Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-06~-02-07 and part of 05. 8:16 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building w.ith an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY ("C-I" General Industrial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark~ Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section lO0-80(B) for permission to construct office and storage building in this "C-I" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1-6. 8:35 p.m. Application for GERT. RUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission ~o construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. I000-110-07-018. 8:45 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81, for permission to c~tr~ct building for marina office -n'this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for mari~na and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Greenpor~, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 9:00 p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, Cutchogue, NY for a Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at Page 3 - Legal Notice of Hearings Sbuthold Town Board of Appeals Regul.ar Meeting of May 17, 1984 the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. lO00-113-7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (d) approval of a reduc- tion of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Persons having an interest in any of the above matters may appear and be heard at the time and place specified above. For additional information, please contact our office, 765-1809 (or 765-1802). Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: May 10, 1984 and forward 14 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 15, 1984. Copies to the following May 7, 1984: S.J. Perricone for V. Griffo Mr. V. Griffo Mr. James R. Anderson A.A. Wickham, Esq. for John Wickham R.F. Lark, Esq. for J.V. Rodriguez for Goldsmith & Tuthill for G.M. Ali Mr. Jose Rodriguez Mr. Joseph Fischetti Mr. Robin E. Carr Mr. Robert W. Gillispie III S. S. Corwin, Esq. for Kathrine Farr Mrs. Kathrine Farr Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mrs. B. Walker Mr. and Mrs. Bertram Walker L.I. Traveler-Watchman, Suffolk Times, Inc. Inco Supervisor Town Board Planning Board Town Attorney Building Inspectors FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No. ..../~./. ~/~.~.~., .~.~..~... .... PLEASE TAKE NOTICE that your application dated ....... for pemit to construct .... ~~... ~Z~,~. ~~ ...... ~t ~cationofPrope~y ... ~/:~...~~.~ ....... Hoaso ~o. Street // Ham/et. County Tax Map No. 1000 Section . ~ ~: .....Block .... ~. ..... ~t -~ .~. Subdivi~on .......~ ......... F~ed Map No ...... ~ .......... Lot No .................. is returned herewim and disapproved on the follow~g greeds ~~... ~...~ ..... ~..~ ..... ~.. z~ :;?~ ............. / Bufld~g hspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 xamined ................. 19... ,pproved ................ 19... Permit No ............ lisapproved a/c ..................................... Received ........... ,~9.,. (Building Inspector) APPLICAT~ON FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 .~ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premisE's, relatior~shJp to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tiffs appti- ~tion. c. The work covered by tt~is application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ,all 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 Occupv~ncy zall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to hhe Building Depe~rtment for the issuance of a Building Permit pursuant to the uilding Zone OrdLnance of the Town o£ Southold, Suffolk County, New York, and other applicable Laws, Ordinances .egulations, for the construction of building, additions or alterations, or for removal or demo!ition, as herein described. he applicant agrees to comply with al! applicable laws, ordinances, building code, housing code, and regulations, and to ~mit authorized inspectors on premises and in building for necessaw/.hlg~pc.~n~:~'dX2D (Sign'~ture 5~ applicant, or name, if a .fi/"'/... (Mailing ad& ess of applicant) /~ ;rate whe~er appIicant is owner, lessee, agent, architect, on,neet, general contractor, electrician, plumber or bu~2der. 'rm'/ ..... ....· ......_ .................................. (as on the Iax roll or latest deed) f applicant is a corporation, signature of duty authorized officer. (Name and title ~f corporate officer) ll lder's i nse .... , . Plumber's License No ......................... Electrician's License No ..................... Other Trade's License No ................. Location of land on which prop. o~ed work will be done .................................................. ....................... . . , l /.% .c<.t, . . l. . ................................... House Number Street Hamte~ County Tax Map No. 1000 Section .... .~f.~.. ..... Block ..... .~ .......... Lot . -~(f,~..'..~ ..... Subdivis,or~ ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of~z~ises and intended use and'occupancy of proposed construction: 3. Nature of work (check which applic~'Q: New Building .......... AdditioF'~x ........ Alteratiofi ........ ~ Repair .............. Removal ~ ........... Demolition ........ "'~.~.~' ..... Other Work,.,~A)lt,~x~YO .~..~.~ , ~_~t~..~..[;c~...~.~:_7_.~Cr) ~ ........................................ (Description) 4 Es,knated Cost ...... Fee ' "- (to be paid on filing this application) 5. [f dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... if garage, number of c~o. rs .............................. ' .......................................... 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 ............... Hei~,ht ............... Number of Stones ........................................................ Dimensions of same structure with aiterat/ons or additions: Front ................. Rear ................. Depth. ...................... Heig~ht ...................... Num bet of Stories ...................... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... H~ht ............ Numberer Stones ................ Size of tot: Front, . c~5~,:~.~. ....... Rear ~.~.~.*..~.71 ....... i'i);~;1}" ~r.~. ~. ;' .~." ' ~ ........ Date of Pur,~hase .~.~?.?..../.~.,~.. {..4 ~.~"~. ...... Name of F~rmer Owner ...~,.., ...................... Zone or use district in which premises are situated .. ~ .... ~.~:~ ~./.~f.~.. ~.~./.~./..~ .................... Does proposed construction violate any zordng law, ordinance or regulation: .... (~,?.~ ................... Bill ~ot be regmded ............................ ~fll excess fill be removed ~from premises: Yes No Name of Owner of premises .................... Address ................... Phone No ................ N~me of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly al! buildings, whether existing or proposed, and, indicate ail set-back dimensinns from roperv~' lines. Give street and block number or description accord/rig to deed, and show street names and indicate whether ~terior or comer lot. ;TATE OF NEW YORK, S.S 'OUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual aigmng contract) bore named. is the ............................ (Contractor, agent, corporate officer, etc.) said owner or owners, aad is duty authorized to perform ,or have performed tt~e said work and to make and file this pplication: that ail statements contained /n this application are true to the best of his knowledge and belief; and that ttte cork w~l be performed in the manner set forth ff~ the application filed therewith. worn to before me this .......... ...... day of. ........ ..... ,ota, Public ........ Z" ..... '~'~ ' ' ~'. · .,~ ~ _, r~,,,, '~'or~ ~ (Signature of app~ic~ R~VED ~ APR ~ 1984 TOWN OF SOUTHOLD, NI~ YORK APPtF~ ~ISlON Of BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We)..~..q.k.~.~...~.,....c..~ ............................... of ..... ] .1, ~o~ok.e. ~Xe.,. "~ ," Name of Appellant Street and'Number · .~.i~.e.~..~e:ad ............................................................................. ~,2/~ ......... HEREBY APPEAL TO . Ntunicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPEAL NO.~, DATE ......~.,-.~.~..-..~.~. ...... APPLICATION DATED:.~-27.'84 FOR: ~we~ztn~Op~8~struct an inground WHEREBY THE BUILDING INSPECTOR DENIED TO Robin E. Cart Nome of Applicant for permit of 811 Roanoke Ave., Riverhead, N.Y. 1 t ~01 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) PERMIT TO BUILD An ingr'o~n.d, swimmin~ pool ~ 1. LOCATION OF' THE PROPERTY .,~...~.g..w..~....S,.~.,, ,..;..G,.~...e..e...~.]g..9.~...~' ............................. ~ ..................... Street-: and F~alet Zone.. No.1000 Section ~8 42~3 OWNER(S): .J.q~P..~n.¢.~.a..~.~.i.q~.~.%.n~zio Map No. Lot No. D~. ?O~CZtAS~D: . ~P.%o.. 1 ~.,..19.?.5, .. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , ~ection 100-32 3. TYPE OF APPEAL Appeal is made nerewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cot~s. Laws Art. 16 Sec. 28DA Subsection 3 4. PREVIOU~ APPEAL A previous appeal (has)Gbeen made with respect to this decmion of the Building Inspector or with respect to this property. Such appeal was C ) r~quest for a special permit ( ) request for o variance and was moae in Appeal No; ............................... Doted .................................................................. ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to (Continue on other side) REASON FOR APPEAL Contihued 1. STRICT APPLICATION OF THE ORDINANCE would produce pra~al difficuJtles or unnec~- sary HARDSHIP becau~ The owner was not aware at the time in which the house was constructed that there would be a problem with placing a swimming pool on the side of the house and therefor had the family room aud sl~iding glass daors installed on that side of the house in anticipation of future improvement to his premisis. To insist that the swimming pool be positianed in the rear yard would upset the intended scheme of the house and property for which'these people have worked to improve. 2. The hardship created is UNIQUE and is not shared by all pro~ffies alike in ~e immediate vicinity of this' property and in this Use district because The owner had positioned the house on the lot with the.intention of using the sideyard instead of the rear yaz~.which.happens to be ~n exception to a ~ajority of ~e surrounding ho~e~. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~he owner ~ome and property for the enjoyment o~ his family, and has' no desire to create a situation that would be detrimental to the neighborhood in which he slnd his f~ily live. COUNTY ) ~ Signature Sworn to this ............... ..~..,.-~, ................ day of .......... Notary Public / EL~ ANN NEVILLE NOTARY IPUBUC, ,State of New Yolk Town of Southold Board of Appeals COUNTY OF SUFFOLK Department of Planninz 360-5206 October 2, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Plmnning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mr. & Mrs. John Dinizio 3240 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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 400-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 32~0 Applicant: Location of Affected Land: ~45 Brown St.~ Greenport. County Tax Map Item No.: Within 500 feet of: xx 1000-0~8-03-0~2.3. 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 Thruway State or Federally- State or Federal Park Existing or Proposed Right-of-Way of Any Stream or Drainage --Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant ~ permission to swimming]~ool in side~ard area. construct inground Copies of Town file and related documents enclosed herewith for your review. Dated: August 2, 4984~ard o Appeals ~~4/~o~' f~/~ Temp. S Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 1]cJ?] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRIVIAN C, HARLE$ GRIGONIS, .iR. ~ERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt June 18, 1984 Mr. Robin E. Carr 811 Roanoke Avenue Riverhead, NY ll901 Re: Appeal No. 3240 - John and Patricia Dinizio 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 bp 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 Mr. and Mrs. John Dinizio GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR el VITAL S'IA [ ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, '53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 4~ 1984 To -' Southold Town Zoning Board of Appeals From Judith T. Terry~ Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3240 application of Robin E. Carr 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; and survey. Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 5, 1 984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.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: 3]5 Brown Street, Greenport, 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 KowalsRi, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 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 Beard of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, May 17, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GHIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct aecessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 10O5-O51.01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate nonconforming dwelling use of bui]ding in this B-1 Business District,· 300 Moore's Lane (a/k/a Linden Ave.), Cutchogne, NY; County Tax Map Parcel No. 1000-109- 7:45 p.m. Application for JOHN WICKHAM, by Wickham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Read, Greenport, NY; County Tax Map Parcel No. 10004)52- 05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VI1, Sections lo5-70(A) and 100-71, for permission to construct dwelling in this B-1 Business · District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, SccUon lo5-~50(C)[1] for permission to erect sign with less than four. foot clearance from ground, at 52800 C.R. 48, Southold, NY; County Tax Map Parcel No. t000-O51-05.002. e'-8:05 p.m. Application ROBIN E. CARR, 811l Roanoke Avenue, Riverhead, NY for a Variance to the/ , Zoning Ordinance, Article III, ] . Section 100-32 for permission ' to construct in,round swimmingpeol in the sldeyard * area, at 315 Brown Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03- [ 042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, Ill. Box 1112, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 and part of O5. 8:15 p.m. Application for GOLDSMITH & TUTH1LL, 1NC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with~ an insufficient frontyard setback, at 1515 Youngn Avenue, Southold, NY ("C-I'* General Industrial Zone); County Tax Map Parcel NQ. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section 1O5.60(B) for permission to construct office and storage building in this "C-I" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1- 6. 8:35 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, · Cutchogna,Ny for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. 8:45 p.m. Applic'ation for KATHRINE FARR by S.S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections 100- 80(B) and 100.81, for ~ermisslon to construct uilding for marina office in this "C-Light Industrial*' District, at 1100 Manhanaet County Tax Map Parcel No. 1000034-05-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special . Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light IndUStrial'' District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel' No. 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05- 021. 9:0O p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, Cptchngue, NY for a'Varlance to New York Town Law, Article 16, Section 280A, for approval of access over a prtvate right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. 1000-113-7-purr of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an interpretation that the existing cottage and [~arage are valid preextsting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park MacDonald s Path off Pccoui(~ Bay Boulevard, Laurel; County Tax Map No. 1000-145- 4014. Persons having an interest in any of the above matters may appear and be heard at ,the time and place specified above. For additional information, please contact our office, 765-1809 (or 765- 1802L Dated: May4,11~4. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TM10-4564 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) RI]RAN W. ALLAN of Greenport, 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 one weeks successively, commencing on the 1 dayof May 19 84 Principal Clark Sworn to before me thin ~. O'ch dayof Hay 1984 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV. EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y, on Thursda}., Ma}' 17, 1984. commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO. 280 Basin Road, Southold; HY,for~t Variance to the Zoning Ordin- ance, Article HI, Section 100- 32 for permission to construct accesso~ building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON~ 16 Wav- erly Place, New York, NY for a Variance to the Zoning Ordin- ance, Article XI, Section 100. 118(D) for permission to rein. state nonconforming dwelling use of building in this B-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109.03- 008. 7:45 p.m. Application for JOHN WICKHAM by Wick- ham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with accessory u,se for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenpert, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m. Application of JOSE V. Box 113, Fishers Island, NY for a ~ Variance to the zoning Ordin~ ance, Article Vll, Sections 100-70(A) and 100-71, for permission to construct dwell- : lng in this B-I Business Dis~ trict. Location of Property: West side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001. 002. ~ ~.~001p.m. Applciation of JO~ FISCHETrL Hobart Rom:[, Souihold~ NY for a Variance to the Zoning Ordin- ance, Article V, Section 100- 50(C)[lJ for permission to erect sign with less than four - foot clearance from ground, at 52800 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-051-05. 002. /-' 8:05 p.m. Application of I ROBIN E. CARR 811 Roan- Joke Avenue, Riverhead, NY J for a Variance to the Zoning ~ Ordinance, Article Ili, Section ~ 100-32 for permission to con- \ struct in,round swimmin~imol in the sideyard area, at 315 Brown Street, Gteenport, NY; County Tax Map Parcel ~ 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE~ HI, Box 1112, Southold, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100. 60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061- 02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article IX, Section 100. 93 for permission to construct office building with an insuf- ficient frontyard setback, at 1515 Youngs Avenue, South- old, NY ("C-I" General Indus- trial Zone); County Tax Map Parco1 No. 1000-60.1-6. 8:25 p.m. Application for GOLDSMITH & TUTHHI. INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zon- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./.. ............ weeks successively, commencing on the .................................... day ' /O~. ~o ~/ ............ Sworn to before me this ............. ./..~. .............. day of ................ ................. , APR, 1984 TOWN OF $OUTHOLD, NEW YORK API~iIL.~ISlON OF BUILDING INSPECTOR APPEAL NO. ~-~ c~ zT/ ~ DATE ......3..m2...8..r.8..4. ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..~..o..I?..~...~....~.,....Q.~?..T. ............................... of ...8..J...J....~.o...~..~...o.].?....~.~.e.... .................................. Name of Appellant Street and Number · .~i.v. er..he.ad .............................................................................. JL¢...y .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:3-27-84 FOR: Permit to comstruct an inground swimming poo± WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Robin E. Cart Name of Applicant for permit of 811 Roanoke Ave., Riverhead, N.Y. 11901 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD An inground swimming pool 1. LOCATION OF THE PROPERTY ..~..~g..w..n....~.$..;.,.....G..r...e..e...n.]g..o..r...~. .................................................. Street and Hamlet Zone No.1000 ~_ection 48 42.3 OWNER(S): .J. qh..n..a.n..d..~.a.$T~.q~.~.%.n.izio /Wop No. Lot No. DATE pURCHASED: . .~¢p.t.,..] 5~..19.73... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Article III , Section 100-32 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~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 ...................................................................... ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The owner was not aware at the time in which the house was constructed that there would be a problem with placing a swimming pool on the side of the house and therefor had the family room and sliding glass doors installed on that side of the house in anticipation of future improvement to his premisis. To insist that the swimming pool be positioned in the rear yard would upset the intended scheme of the house and property for which these people have worked to improve. 2. Thehordshipcreoted is UNIQUEond isnotshared by ail properties alike in the immediate vicinity ofthisproperty andinthisuse districtbecause The owner had positioned the house on the lot with the intention of using the side yard instead of the rear yard which happens to be an exception to a m~jority of the surrounding homes. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CftARACTER OF THE DISTRICT because The owner is looking to improve his home and property for the enjoyment of his family, and has no desire to create a situation t~at would be detrimental to the neighborhood in which he snd his family live. COUNTY ) Signature Sworn to this ............... · .~..'~: .............. day of ............ .~. ~.'.~.. ....................... 19 / Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of to the Board of Appeals of the Town of Southold TO: 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 torequesta~ (Special Exception) (Special Permit) (Other) [circle 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 the prop4e~.,.y which is the subject of such Petition is located in the following zoning district: · 11 4. That by such Petition, the undersigned will request the following relief: . ./ ,I ,'0/.2~L/ ~' ~-'/c_t 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /~)~Q - ~.~. 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. Petitioner Post Office. Address NAM£ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS A. Dinizio Mike Tully Mr. P. Dinizio Thomas D. Prokop Greenport, N.Y. 1194 190 North Ingelore Ct., Smithtown,N.Y. 11787 415 6th St., Greenport, N.Y. 11944 33 Richmond Road, Rickville Center, N.Y.11531 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~'i ~ ¥,~x~'¢,~i /~/~,~ ~X./,...r~ . being duly sworn d~poses and says that on the' L~I day -- of ' ~ ~ c ~ { ' , ] 9 ~t;~__, d~ponent mailed a true copy of the Notice set forth on the re- verse side he~ret~f, directed to each of the fihove-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 ma ed at the United States Post Of- fice at ~%L-~ ~_7~' r~ r~_k-kl ~ ~k c% /~ ) ~'~-~ ~-/~'[ '<, ;that said Notices were mailed to each of said persons by (certified) (re~iste-red) mail. ' - ~ Sworn to b~.re me this day of (' ~ ~c~, ~.~. .¥ Notary Public Expires March 30, 19~''/~ The N.Y.S. Environmental Quality Review Act requires sub- mission of this f m, and an environmental rr qew will be made by this boaru before any action is takeh. ,SHORT ENVIRONMENTAL ASSESSMENT FO~LM INST~T!CNSt (a) In order to answer the questions in this short EAF is ie assumed that the preparer will use currently available lnfc~tion concerning the project and the likely impacts of the action. I~ is not expected that additional studlee, reeearch or other investigatione will be undertaken. (b) If any question has been anewered Yes the project may be significan~ and ccmpleted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No i~ is likely that this project is pc~ significant. (d) Enviror~mental Assessment 1. Will project result in a large physical change to the project cite or physically alter more t~n 10 acres of land? · . . , . . . · · , Yes..~ No 2. Will there be a major change to any unique or unusual land form found on the si~e? · · Yes~/ No 3. Will proJec~ alter or have a large effect on an existing body of water? , , , , , , · Yes~ No &. Will project have a potentially large impac~ on groundwater quality? · , , , · · , , · Yes~/ No ~, Will project significantly effect drainage flc~ on adjacent sites? · · , , · · · · · Yes~/ No 6, Will project affect any threaSened or endangered plant or animml species? , . , , · , · · · Yes~/ No 7, Will project result in a major adverse effect on air quality? · · · · · , · · · · ~ Yes~ No 8, Will proJec~ have a major effect on visual chaz~. actor of ~he community or scenic views or vistas kno~rn to be impor~ant to the community? · · · Yes V/ No 9, Will project adversely i~pact 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 recreational opportunities? · · · Yes. 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will proJec~ regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes 13, Will project have any impact on public health orv~ N iL. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the characte--~ of the com. munity or nexghborhood?.. 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 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. [ ] I. [ ] 2. [ ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least I00' 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 I0' 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 area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k