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HomeMy WebLinkAbout3269~3269 Frontyard Variance from Appeal ~3031; Denied., 10/11/84g~ ~U(Filed 7/20/84) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3269 Application Dated July 20, ]984 (Public TO: Janet Geasa, Esq., Attorney for THOMAS AND JACQUELINE OCCHIOGROSSO Scheinberg, DePetris & Pruzansky 220 Roanoke Avenue, Box 599 Riverhead, NY 11901, Hearing 9/13/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]], ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ Request for Variance to the Zoning Ordinance Article III , Section 100-31 and prior Appeal No. 3031 for ]ess than the c0nditiona] 20-f0ot fr0ntyard setback [ ] Request for Upon application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by Schei~berg, DePetris and Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031 1/27/83). Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule, for approval of a 12½-foot frontyard setback of a new one-family dwelling and attached garage structure from the west side of Corey Creek Lane, Southold. The premises in question is known and identified as Lot 28 of Corey Creek Estates, Filed Map #4923, and more particularly referred to as District 1000, Section 78, Block 04, Lot 019 on the Suffolk County Tax Map. The subject premises is a corner lot as defined under the zoning ordinance. Article III, Section 100-31 of the zoning ordinance as amended during 1983 requires a minimum frontyard setback at 35 feet. On January 13, 1983, relief was conditionally granted under Appeal No. 3031 for a 20-foot frontyard setback and requiring the applicant to maintain the 50-foot minimum rearyard setback. During April 1983, Building Permit #12227-Z was issued for a new one-family dwelling with a frontyard setback at 22 feet. to the Town Board for a Wetlands violation issued by the building June 1984 the building inspector setback. On July 20, 1984, this hearing was held on September 13, Subsequently, the applicants applied Permit pursuant to the notice of inspector during May 1983. During issued a violation as to the frontyard application was filed and a public 1984. A practical difficulty claimed by applicants is that the January 1983 variance!approval conflicts with the New York State Department of Environmental Conservation approval issued 1/22/79 which permitted a location with a 35-foot frontyard setback (and the N.Y.S. D.E.C. approval issued 11/5/82 which permitted an amended location with a 13-foot frontyard setback). It appears that subsequent to January 22, 1979, the size and positioning of the proposed house was changed which prompted the amendments to each of the other agencies. (CONTINUED ON PAGE TWO) DATED: October 24, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3269 Matter of THOMAS AND JACQUELINE OCCHIOGROSSO Decision Rendered October Il, 1984 For the record it is noted that the board members are familiar with the premises in question, the neighborhood, and the testimony and documentation presented in support of this application. In considering this appeal, it is the opinion of the board that the applicants maintain the previously-approved 20-foot minimum frontyard setback, and that the relief as requested herein be denied for the following reasons: (1) the dwelling structure could be changed in size and character to conform with the buildable area of this lot; (2) an application to the other agencies for the previously approved 20-foot frontyard setback could be made, and that the practical difficulties claimed are self-imposed since the modification of the structure as shown on the survey amended April 26, 1979, Sept. ~4, 1979, August 23, 1982, February 18, 1983, and July 6, 1984, was at the option of the applicants and not an agency requirement; (3) that the relief requested is substantial, being approximately 65% of the code requirements; (4) applicants have failed to show that there are no alternatives to the relief requested herein; (5) literal application of the zoning regulations would not deprive the landowners of residential uses of the premises; (6) in view of the manner in which the difficulty arose and in consider- ing all of the above, the interests of justice would not be served by allowing the variance as applied. In denying the relief in this appeal, the board authorizes the applicants to construct a new one-family dwelling with an insufficient frontyard setback of not less than 20 feet, as previously granted under Appeal No. 3031. Now, therefore, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3269 for a 12½-foot frontyard setback, BE AND HEREBY IS DENIED WITHOUT PREJUDICE as applied. Location of Property: 1580 Corey Creek Lane, Southold, NY; Lot #28 of Map of Corey Creek Estates #4923; County Tax Map Parcel No. 1000-78-04-019. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted of all the members. Doyen, Grigonis, by unanimous vote GERARD P. GOEHRINGER, RMAN October 24, 1984 lk RECEIVED AND FILED BY THE SOUTHOLD TOWi~ CLERK Town Clerk, Town of ~uthold 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 matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, SEPTEM- bER 13,~ 1984, commencing at 7:20 p.m.', at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for HENRY P. SMITH for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, ArticlelIII, Section 100-31 of the Zoning Ordinance. Property Location: West Side of Peconic Lane, Peconic, NY; 1000- 74-5-2 and 3 (9.2). 7:35 p,m. Application of ROGER MUNZ, Box 567, Laurel, NY (by Cardinale & Cardinale, Esqs.) for a Variance for relief from Condition No. 7 of the May 27, 1983 decisions.rendered~in Applica- tions No. 3i00 and 3101. ?roperty Location: 13t75 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permissio~ to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059~03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100~32 for permission to locate accessory garage- storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02-01. 8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Sectio~ lO0-119-1(A) for permission to erect fence exceeding the maximum foUr-foot ~eight requirement along frontyard are~ of this vacant parcel, ll20 Ryder Farm Lane and Uhl Lane, Orient; Orient-By- The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000- 015-05-024.11. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of September I3, 1984 8:05 pzm. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Es~eks,.Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of lot in th~s proposed two-lot division (rediv~sion) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map-Parcel No. 1000-83-02-005. 8:10 p.m. Application for HENRY DO~IALESKI, Oregon Road, Cutchogue, NY (by A. Wickham, Esq.) for Variances: (a) to the Zoning Ordinance, Article III, Section ~00-31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Section 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. lO00-095-Ol-part of Oll. 8:t5 p.m. Application of THOMAS AND JACqUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by Scheinberg, DePetris & Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section 100-3t for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reductio~ of that granted under Appeal No. 3031 1'/27/83)o Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip, NY (by A. Wickham~ Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel ~o be set=off in this proposed three-lot subdivision of land located at the north side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-7. Persons desiring to be heard may do so in by representative. For addition information, office. person, in writing, please contact our or Dated: August 14, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Notice to Newspapers: Please publish THURSDAY, AUGUST 23, 1984, and forward nine affidavits of publication on or before August 31 to: Board of Appeals, Main Road, So~thold~ NY 11971. Thank you. TOWN OF SOUTHOLD, NEW YORK CRIMINAL ACCUSATION OF BUILDING INSPECTOR, APPEAL FROM ~J--_' ~-- ]~.. RESULTING IN ISSUANCE OF ,~ SUF~DNS TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, Name of Appellant Street and Number 0akdale Ne~ York ......................................................................................................................... HEREBY APPEAL TO Municipolity State THE 61tIMINAL ACCUSATION OF BIU/DING INSPECTOR ~ DATED: 6/29/84 ~ APFLI~ ~S CHARGED WIT~ CONSTRUCTING A BUTT,DING ~ INSUFFICIENt WHEREBY THE - '~ . -" --': -' -': ~RON~ ~ AR~L ( ) ( ) [ X) Name of Applicant for permit of 77 Vanderbilt Boulevard, Oakdale, New York Street and Number N~tnicipaJity State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ..granted 4/14/83 . 1, LOCATION OF THE PROPERTY ...~..`~..8.(~.~g~qr.~3.~...~...e..e..k.~..L...~...e..~.~.S...~9...t..h..~.~. ....................... .A.. ......... Street and H~nlet Zone Tax ..M~..p #1000-78-04-019 28 - OWNER (S): . .... Sarma. ......... . .. -' ..... iV~aD No Lot No. 9!F?!Z?. DATE PURCHASED' ·. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub- section ana Paragraph of the Zoning Ordinance Dy number. Do not quote the Ordinance.) Article III , Section 100-31 3. TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordinance or Zoning MOp A VARIANCE aue to lock of access (State of New York Town Law Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this aec,sion of the Building Inspector or with respect to thi.~ property. Such appeal was ( ) request for a special oermit (X) request for a varmnce and was made n Appeal No ...... 3031 ................... Dated ........ ~q.e.p..t2~.r....$.,...1...9.8...2 ...................... ( ) (X) ~ ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Vormnce to the Zoning Ordinance is requestec for the reason that we would like to appeal a criminal accusation, levied by Building Inspector Curtis Horton, dated June 29, 1984, wherein applicant was charged with constructing a building with insufficient frontyard setback, We also desire to ~ave the ZonIng Board entertain a prior variance request. That is, at this tiros, we request a frontyard setback of 12~ feet frc~ the east property line, as opposed to the 20 foot setback ~anted in the prior variance approval, dated 1/27/83. t~orm z]]~ (Continue on other side) REASON FOR APPEAL Centinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because (~ RIDER ANNEXED) 2 The hordsk ~ created is UNIQUE and is not shored Dy all properties alike in the immediate vicinit, of this property an'd in this use district because the DEC and the Trustees of the Town of Southold, in order to prevent the rear portion of the house from encroaching on the wetlands, have pushed the house to a frontyard setback of 13 feet. Simultaneously, the ZBA has established a 20 foot minim~n setback. By following the DEC and Town Trustee rec~dations, Mr. Occhio~osso has violated the ZBA approval. In following the prior ZBA approval, however, the very objective of the DEC and Town wetlands r~lings Will be completely disregarded. 3 Ti*e variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C--~ARACTER OF THE DISTRICT because allowance of a 13 foot setback has the approval of all agencies concerned With environmental and health precautions, and will have no in~act on the character of the district. Additionally, should Mr. Occhiogrosso be directed to comply with the original ZBA decision of a 20 foot setback, the result obtained woold be a turnIng of the house, which would then encroach on the wetlands in the rear portion. To avoid this undesirable and, Mr. Occhiogrosso requests a varis~ce of a 12~ foot f-~ontyard setback, which would then bring all agency rulings into conformity. STATE OF NEW YORK ) ) ss COUNTY OF SU~ID~ ) Sworn to this ............... /.,..~....~.~. ................. day of ................... ~.l~1_.~. ........................ 19 84 RIDER TO APPLICATION FOR VARIANCE Strict Application of the Ordinance would produce practical difficulties or unnecessary hardship because the prior variance approval, dated 1/27/83, conflicts with N.Y.S. DEC approval issued 1/22/79, the Wetland Permit of the Town of Southold and Suffolk County Department of Health construction approval, all of which permit a frontyard setback of 13 feen from the east property line. Mr. O¢chiogr'osso, in sheer ignorance ~f the interplay between the'aforementioned regulations, assUmed the. D~C, Town Wetlands and Department of Health allowance of a 13 foot setback.to s~percede the ZBA variance approval of a 20 foot setback. Acting upon his assUmptions without benefit of proper guidance, legal or otherwise, Mr. Occhiogrosso commenced construction of the foundation at what he thought to be a 13 foot setback, in violation of his variance (The updgted survey indicates the foundation has actually been laid I2~ feet from the property line. This was a result of Mr. Occhiogrosso's own measurements from the paved portion of the road, which measurements he believed in good faith to be 13 feet). On May 20, 1983, a stop work order from the Town Building Inspector was issued. A continuation of the stop work order was issued by letter of building inspecnor Ed Hinderman, dated May 15, 1984. This shop work order alleged a violation by Mr Occhiogrosso of his Wetlands Permit. A criminal summons was issued for an alleged violation of the stop work order. Mr. Occhiogrosso appeared in Justice Court on June 29, 1984, for these charges, at which time it was determined that the Wetlands Permit has not been violated. The stop work order was lifted by letter of Ed Hinderman, dated June 29, 1984, and the charges were dropped. The present variance request is being made because of new charges levied by building inspecnor Curtis Herren. These charges appear in an accusation, dated June 29, 1984, in which it is alleged that Mr. Occhiogrosso is in violation of Section 100-31 of the Code of the Town of Southold (constructing a building with insufficient frontyard area). A criminal summons was issued on the basis of this accusation and information. OWNER FORMER OWNER STREET VILLAGE SUB. E ~CR. W TYPE OF BU~LDING RES. LAND AGE NEW FARM Tillable- Woodland Meadowlond House Plot Total SEAS. IMP. TOTAL ' 2 17oo FARM DATE NORMAL BUILDING CONDITION BELOW .~BOVE Va----~ue Per - ~olue Acre COMM, CB. MICS, Mkt. Value REMARKS ,~ ~ /[ /7 ~ _,,~-. __ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Southold Town Board of Appeals MAIN RnAD- STATE RnAD 2.5 SDUTHDLD, L.I., N.Y. 11c:J'71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS August S.E.Q.R.A.. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance TELEPHONE (516) 765-1809 14, 1984 APPEAL NO.: 3269 PROJECT NAME: THOMAS & JACQUELINE 0CCHIOGROSS0 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 ~I [ ] Unlisted [ ] DESCRIPTION OF ACTION: Fr0ntyard variance from #3031. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1580 C0rey Creek Lane, SQuth0]d, NY; County Tax Map No. 1000-78-4-19. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Envirornmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback or lot line variance, which does not reuire further processing under "Type II" Actions of the State Environmental Quality Review Act. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appealsz. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice seat to the applicant or his agent and posted on the Town Clerk Bulletin Board. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE I:'. KOPPELMAN Town of Southold Board of Appeals October 31, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Co~tssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Henry Domaleski Renate Riedel Constance Klapper T. & J. Occhiogrosso 3242 3251 3267 3269 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald C. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SA~/ICKI Southold Town Board of Appeals MAIN ROAD- BTATI" ROAD 25 SOUTHOLD, L.I., N,Y. llC~?l TELEPHONE (516) 765-1809 October 24, 1984 Janet Geasa, Esq. Scheinberg, DePetris & Pruzansky 220 Roanoke A~nue, Box 599 Riverhead, ~NY ll901 Re: Appeal No.* 3269 - Thomas and Jacqueline Occhiogrosso Dear Mrs. Geasa: Attached hereto for your file is a copy of the recent findings and determinatiop in the above mat~er which has simultaneously this date been filed with the Office of the Town Clerk. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda-Kowalski Enclosure Copy of Decision to: Building Inspector Suffolk. County Planning Commission Southold Town Board )eals -19- Septembe) i984 Regular Meeting PUBLIC HEARING: Appeal No. 3269. Upon application of THOMAS AND JACQU~.IN.E OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY {by Scheinberg, DePetris and Pruzansky) for a Variance to the Zoning Ordi- nance, Article III, Section lO0-31 for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031, 1/27/83). Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. The Chairman opened the hearing at p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey of AuguSt 23, l~S1, and ~hen further amended to July 6, 1984, indicating the size of ~he parcel in question referred to as Lot No. 28 of Corey Creek Estates,j land indicating the lap measurements, the size of the concrete exiqting foundation which lies approximately 12½ feet from Corey Cree~Lane. I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Would you like to be heard in behalf of your application? JANET GEASA, ESQ.: Good evening. My name is Janet Geasa. I am associated with Scheinberg, DePetris and Pruzansky. All that informa- tion in the application was to present you with the background of the case. As you can see in the papers submitted, the Occhiogrossos have come up again with an extreme case of practical difficulty in building on the property. First of all, the virtue of the fact of the shape of the property itself. Corey Creek Lane goes around the property on two sides, and in turn it goes down to the south. Therefore, the property is presented with basically two frontages, therefore, you have to keep the house back off the front pieces of the property. In addition, there's the water south of the property, meaning that the house has to be kept back from the mean high water line there. On the western portions of the property, you have the wetlands, and has been explained, the Environmental Agency's concern has indicated to the Occhiogrossos that they want to keep him at all costs off the wetland on the western portion of the property. Therefore, the Occhiogrossos cannot build their house under the terms of the prior variance. As indicated before, as the D.E.C. told Mr. Occhiogrosso that he should push the house as easterly as possible. They gave him a setback of, variations of setback of 13 feet from the eastern property line. The Department of Health also approved that location and stamped their approval on the maps with the 13' setback. Subsequent to the Zoning Board's granting of the prior variance for a 20' setback, Mr. Occhiogrosso went to the Town Wetlands. They also gave him a 13' setback, so as you can see it was quite confusing to the Occhiogrossos. We~all know that when a}~ conflict occurs, the Zoning Board shall supercede all others; however, Southold Town Board (Appeal No. 3269 )eals -20- September OCCHIOGROSSO, continued:) 13, ~84 Regular Meeting MS. GEASA, ESQ. (continued): they were unaware of that. I would like to say also that the present request is reasonable in that the.house is reasonable in size; it fits in the general character of the neighborhood. It's not an overly large house. It's a very reasonable sized house. The garage which is on the normally northeasterly portion of the house is a reasonable request. It's not unusual for any house to have a garage on it. I would also like to state that most of the building that is being constructed is in compliance with the variance, 20 feet back from the street. The house itself is 20 feet back from the street. If it weren't for the turn in that particular area, the whole structure would in fact be 20' back. In addition, the setbacks that we're requesting would not adversely affect the area. As I said only a small portion of the house is in violation. I would like to point out that the setback requested will not harm anyone in the area. The only lot that would be affected wouldlbe directly across the street. That lot is all marshland, presently vacant, and it's my understanding that it would not even be a buildable piece. It's all wetlands in there. And that is really the only other problem that would be affected by this request. In addition, I would like to explain that Mr. Occhiogros~o, as I said before, proceeded -- he did violate his prior variance, Nut he did so out of confusion over whose ruling to follow. It has~een stated by other people in addition to myself after reviewing 211 the papers, that it would be much easier if this was a unified procedure and that all the agencies involved to get together and issue one ruling; however, it's not. And Mr Occhiogrosso did go to the Town Wetlands for the town wetlands permit after the Zoning Board issued the prior variance, and they told him 13 feet was fine. He assumed that was the last ruling on the subject. I think this indicates that the Occhiogrossos had made a good faith effort to comply with every agency that's necessary to comply with. They have been going back and forth on this now since 1979. Every.time someone told them to go somewhere, they went there, and asked where should be build the house, and they were told different things, and they followed the last piece of advice that they got. I think it's clear that they would never have proceeded purposely in violation of the zoning board simply by virtue of the fact that it had had problems with the town before with regards to the fill of the property. The town building inspector had been down several times, therefore indicating that the Occhiogrossos knew what was going on and the property was being watched. Therefore, it would be quite foolish of them and financially wasteful to go ahead purposefully in violation of their prior variance. I would also like to say that they should not be punished by the zoning board for having made a mistake since we believe we have reasonable grounds for the request I am making, I don't think it should be held against them, that they made a mistake and they were in violation of their prior variance. Southold Town Board )eals -21- September 1984 Regular Meeting (Appeal No. 3269 - OCCHIOGROSSO, continued:) MS. GEASA, ESQ. (continued): Finally, I would like to indicate that if the Zoning Board does approve this variance request, all the agency rulings will be in compliance, and if they don't, I really don't see how it would be possible that they could build any house on the lot given the size of the lot and the surrounding area. They would be pushed right back into the wetlands and therefore would be in violation of the D.E.C. ruling and the town wetland.. MR. CHAIRMAN: Thank you. Is there anyone else wishing to be heard in behalf of this application? (No response.) Would anybody like to speak against the application? (No response.) Questions from the board members?. (None) Do you have anything further, Counsellor, you would like to say? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until some time in the near future. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hear.lng' and reserve decision in the matter of Appeal No. 3269, for THOMAS AND JACqUELINE'OCCHIOGROSSO. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Doyen. This resolution was adopted by unanimous vote of all the members. RECESSED HEARING from July 26, 1984: HENRY P. SMITH by Philip J. Ofrias, Esq. This matter was..readvertised.i'n ~he Suffo'lk Times and L~I. Traveler-Watchman. No one appeared either in'q~ha]f or against the aPplication, and inasmuch as the b~a~d members had.questiQns to ask of .the applicant and his attorney, the following re~olution was adopted: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED to further recess Appeal No. 3206, in the matter of HENRY P. SMITH without date at thi. s ~me in order to allow the applicant and his attorney to be present foP:.questions.~efore cl'osing the hearing. _ Vote Of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Doyen. This resolution was~adopted by unanimous vote'of all.the members. PUBLIC HEARING: Appeal No. 3200. ROBERT'ENTENMANN by Abigail A. Wickham, Esq. Variance to the Zoning O~inance, ~r~e III, ~ec~on lO0-31, Bulk Schedule, for approval o~insufficient aK~a and width of parcel to be set-of~ in this propQ.sed three-lot subdivision'of land located at the north side of.Sound Avenue, '~attituck, NY; CqUQ~y Tax Map Parcel No. 1000-112-1-7. the as for al of two :with insuf- ficient :~ in this B-I District, of ty L~ation: West Side of Peconic Lane, Peeonic, NY; 1000-7~.5.2 and 3 (9.2). 7:35 p.m, Application .of Ro~£R M~NZ, Sox ~ ~7, Laurel," NY (by Cardinale & Cardinaie, Esqs.) for a Vari- ance for relief f~om Condition No. 7 of the May 27, 1983 decisions rendered in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road. Mattituck, NY; County Tax Map Parcel No. 1000-140- 03-038 (Owners: J. and C. Moisa). 7:45 p.m. Application of 31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Sec- tion 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY: County Tax Map Parcel No, 100-095-01- part of 011. 8:15 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- hilt Sulevard, Oakdaie, NY (by Scheinberg, DePetris & Pru. zansky) for a Variance to the ,~Zoning Ordinance, Article Section 100-31 for approval of the construction of one-family dwelling ~insufficient frontyard setback :of 129~ feet (reduction of that granted under Appeal No. 3031 1/27/83). Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78.04- 019. COUNTY OF SUFFOLK STATE OF NEW YORK Palricia 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~......~...(~ ................... 19 4~/~/ ....................... Sworn to before me this ................................ day of ......... ................. , Notary Public CLEMENT d. THOMPSON ~OTARY PUBLIC, Stats ef New Ym'~ NO. 52-9321725 Co ~es/ding is Surfak County ~_ mm~=~on Exmres March ~, 19~ 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 ~thold, a Regular Meeting and the following matters will be held for public hearings by, the Southoid Towl Board {}fi.AP. peals on THURSDAY~ SEP- TEMBER t3~ 1984. qcommenc- ing at 7:30 p;~.q~t the Southold. Town. ~ Mare Road, Southold~;~.NY a~d as follows: 7:30 p.m.' Al~lication for ~:f0r approv- al of two Par~ls with insuf- ficient area' ~ wicJth in this B-1 Busines~Zo~i~ District, Article 111, Section~100-31 of the Zoning O~dinanc~. Proper- ty Location: West Side of Peconic Lane, Peconic, NY; 1000-74-5-2 and 3 (9.2). 7:35 p.m.~ Application .of ROGER MUNZ, Box ~ ~67, Laurel," NY Coy Cardinale & Cardinale, Eaqs.) for a Vail. ance for relief from Condition No. 7 of the May 27, 1983 decisions rendered in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parer! No. 1000-140- 03-038 (Owners: J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMAN~ 2 Linda Lane, Setauket, NY (by L Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article 111, Section 100-30(C) for permission to establish home occupancy, to wit: physi- dan office, within a one-family residential building exceeding 30% of the maximum-permit- ted first floor area. at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000- 059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article IlL Section 100-32 for permission to locate accessory garage - storage building in the front~'ard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02- 01. 8:00 p.m. Application of PATR1CIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Article X1, Section 100-119- I(A) for permission to erect fence exceeding the maximum four-foot height requirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sea Fil- ed Map 6160, Lot 157; County Tax Map Parcel No. 1000-015- 05-024.11. 8:05 p.m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Es- seks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article IH, Section 100-31, for approval of insuf- ficient area of lot in this pro- posed two-lot division (redivi- sion) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-02- 00S. 8:10 p.m. Application for HENRY DOMALESKI, Ore- gon Road, Cutchogue, NY (by A. Wickham, Esq.) for Vari- ances: (a) to the Zoning Ordin- ance, Article IH, Section 100- 31 for approval of insufficient width of two proposed parcels in this division of land, and CO) to New York Town Law, Sec- tion 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No, 100-095-01- part of 011. 8:15 p.m. Application of THOMAS AND JACOUELINE OCCHIOGROSSO, 77 Vander. bih Bulevard, Oaltdale, NY (by Scheinber~. DePetris & COUNTY OF SUFFOLK ss: STATE OF NEVV 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 ............ ~.~..'~.,,.~. ............ .................. ....................... Sworn to before me this ............. :~. ...... day of ......... ................. Notary Public CLEMENT J. THOMPSON NOTARY PUBLIC.. State ~ ~ York No, 52-9321725 Residing in Suffoik C~unty Coll~mission Expires March 30, Page 3 Copies have been forwarded to the following on or about 8/21/84: Suffolk Times (personal delivery 8/21/84 a.m.) L.I. Traveler - mailed 8/21/84 a.m. Philip J. Ofrias, Jr., Esq., for H.P. SMITH Philip J. Cardinale, Esq. for ROGER MUNZ ,r Mr. Roger Munz ~c'~ ~, ~o,,~ ~ , , ~, Irving L. Price, Jr., Esq. for J.P. HUBERMAN Mr. G.A. Strang for Huberman Mr. and Mrs. Fred H. Lambrou Mr. and Mrs. Reiner Lollot Esseks, Hefter, Cuddy and Angel ~e,,~, i, for Constance ~lapper Abigail A. Wickham, Esq. for Henry Domaleski for Robert Entenmann Scheinberg, DePetris and Pruzansky for T. Attn: Janet Geasa, Esq. Town Board Planning Board Building Department Town Clerk Bulletin Board Zoning Appeals Office Bulletin Board Z.B.A. members Z.B.A. individual files AND J. OCCHIOGROSSO Southolcl Town Board of Appeals MAIN ROAD-STATE ROAD ~5 SOUTHO .... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A. SERGE DOYEN, 3R. ROBERT J. DOUGLASS NEGATIVE ENVIRON~ZENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificance August 14, 1984 APPEAL NO.: 3269 PROJECT NAMe: THOMAS & JACQUELINE 0CCHIOGROSS0 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: Fr0ntyard variance from #3031. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1580 C0rey Creek Lane, Squth01d, NY; County Tax Map No. 1000-78-4-19. REASON(S) SUPPORTING THIS DETEP~INATION: (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) ~he relief requested is a setback or lot line variance, which does not reuire further processing under "~ype II" Actions of the State Environmental Quality Review Act. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~ij 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. .IUI)FFHT IERRY TOWN (IIRK To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 1984 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold~ New York 11971 (5161 765 1801 Transmitted herewith is Appeal No. 3269, application for a variance by Thomas & Jacqueline Occhiogrosso, and accompanying papers as outlined on the attached letter from Scheinberg, DePetris & Pruzansky, dated July 19, 1984. 8CHEIBIBERG, DE PETI~IS ~c PRUZANSI{¥ COUNSELORS AT LAw 220 ]~OANOKE AVENUE RIVERHF~&D, NEW YORK 11901[ July 19, 1984 Office of Town Clerk Town Hall Main Road Southold, New York 11971 Attention: Linda Kowalski: Dear Ms. Kowalski: Enclosed please find the following papers, amended as per your telephone request, pertaining to the variance request made by Thomas and Jacqueline Occhiogrosso: 1. Information, dated June 29, 1984, of Building Inspector Curtis Horton, and Criminal Summons issued thereon. 2. Letter, dated May 15, 1984, and Stop Work Order, dated May 20, 1983, from the Town Building Inspector. 3. Application in triplicate for a variance. 4. Notice to Adjoining Property Owners. 5. Short Environmental Assessment Form. 6. Wetlands Letter, dated January 17, 1984, and Wetlands Permit. 7. N.Y. State Department of Environmental Conservation Permit, issued January 22, 1979, reissued July 15, 1982, and letters amending and extending said permit, dated November 1, 1982 and October 12, 1983. 8. Stamped approval of Suffolk County Department of Health, dated August 31, 1982. 9. Building Permit, issued by Town of Southold Building Department April 14, 1983. 10. Copy of prior variance approval by Southold Zoning Board of Appeals, dated January 27, 1983. 11. Four copies of an updated survey of the property, amended as of July 6, 1984. 12. Copy of building plans. 13. This firm's check for $50.00, representing the filing fee for this application. Thank you for your attention to this application. JG:mjm Enclosures Sincerely, \ J~net Geasa STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL JUSTICE COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK against : THOMAS OCCHIOGROSSO and JACQUELINE : OCCHIOGROSSO, Defendants. INFORMATION ACCUSATION BE IT KNOWN THAT, by this Information, CURTIS W. HORTON, Building Inspector of the Town of Southold, as the Complainant hereiD, accuses THOMAS OCCHIOGROSSO and JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, New York, with violations of: Count #1: Section 100-141H of the Code of the Town of Southold (Constructing a Building with an Expired Building Permit). Count #2: Section 100-31 of the Code of the Town of Southold (Constructing a Building with Insufficient Front Yard Area). FACTS A Building Permit was issued to defendants on April 14, 1983, to construct a one family dwelling on their property located at 1580 Corey Creek Lane, Southold, New York. Pursuant to Section 100-141H of the Code of the Town of Southold a Building Permit expires 12 months after its issuance, to wit, April 14, 1984, if work has not been commenced prior thereto. Upon information and belief defendants commenced construction of their building on May 24, 1984, all in violation of Section 100-141H of the Code of the Town of Southold. On or about June 1, 1984, CURTIS W. HORTON, Building Inspector of the Town of Southold, inspected the pr ~mises owned by the defendants and found there had been constructed a poured concrete foundation which is located 12 feet 8 inches from the front property line in violation of Section 100-31 (front yard setback) of the Code of the Town of Southold and contrary to the decision of the Southold Town Board of front yard variance of 20 feet (Appeal 1983). Appeals in granting a No. 3031 dated January 27 The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief with the sources of the Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued directing the defendants, THOMAS OCCIOGROSSO and JACQUELINE OCCHIOGROSSO, to appear before this Court. S~b~cribed and sworn to before me this ~? (~--day of June, 1984. Town Jus~ · o~ o[ ~thoZ~ ~urtis W. Horton, Compl-ainant Building Inspector CRIMINAL SUMMONS C.P.L 130.10 FORM NO. 105 WILLIAMSON LAW BOOK CO, ROCHESTER. NY 14609 STATE OF NEW YORK : COUNTY OF JUSTI CE COURT TOWN OF SUFFOLK SOUTHOLD ~l~e ~eople of ll~e ~late ~f l~ew ~ork against THOMAS OCCHIOGROSSO and J~.CQuELiNE Ouunlo~o~O Defendant k riminal ttmmans To: Thomas Occhioqrosso and Jacaueline Occhiogrosso Name 77 Vanderbilt Blvd. Street Address Oakdale NY 11769 City/State YOU ARE HEREBY NOTIFIED that an Accusatory instrument has been filed in this Court charging you, as a Defendant, with the offense of Constructinq a Buildinq with an expired building permit and ConStructing a building with insufficient front yard area in violation of Section s 100-141H and 100-31 of the CODE 0~: THE TnWN 0I; ~CIIITHOI D Law of the State of New York. YOU ARE THEREFORE DIRECTED to appear personally before this Court at in the Town of Snn'hhn I d Suffolk County, N.Y. on Friday ,the /t~ day ,19 ~"/~,at 9: 3 0 AM o'clock in the noon of fore for arraignment upon the Accusatory instrument above mentioned. UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated at: SOUTttOLD June 29, ,19 84 FREDERICK J. TEDESCItI, SOUTHOLD TOWN JUSTICE May be served in county of issuance or adioining county. '4' TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 July 9, 1984 Thomas & Jacqueline Occhiogrosso 77 Vanderbitt Blvd. Oakdale, N.Y. 11769 Dear Mr. and Mrs. Occhiogrosso: The New York State Dept. of Environ- mental Conservation has informed us that you have meet the conditions of their permit as amended November 1, 1982. This is to inform you that we are lift- ing this Stop Work Order in accordance with our letter dated May 1~, 1984.l EH: hd ' Ed H~dermann Building Inspector Thomas & Jacqueline 77 Vanderbilt Blvd. Oakdale, N.Y. 11769 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 Occhiogrosso May 15, 1984 TEL. 765-1802 RE: B.P. #12227Z dated 4/5/83 Dear Mr. & Mrs. Occhiogrosso: This is to inform you that the "Stop Work issued by this office on May 20, 1983 is still (Copy attached herewith) Order" in effect. Mr. Occhiogrosso, when I spoke to you on job site yesterday I stated that you were not to proceed any further with construction until D.E.C. has inspected and approved the location of the building since you have located it very close to the wetlands. This morning I visited the site to post notice that "Stop Work Order" is still in effect and met your concrete contractor. He stated that he had ordered a concrete delivery for foot- ings today at 2:00 p.m. I instructed him to cancel del- ivery and not to proceed until I have given approval. I have contacted the office of D.E.C. today and they are going to have someone from their office visit your property to make an inspection of the proposed location of your building. When D.E.C. has made their inspection and they are satisfied with the building location; and the filling you will be required to do in order to have your foot- ings a minimum 3'-0" below grade; at that time, this office will let you know when you may proceed with con- struction. Should you fail to comply with these conditions you may be charged with failing to comply with an Mr. & Mrs. O¢¢hiogrosso May 15, 1984 Page 2 order from the Building Inspector and you could be subject to prosecution under the statute. If you have any questions contact me at this office. EH~hd Enc. regarding this matter, Ed Hin~dermann Building Inspector FORM NO. 5 TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ---- ,XT©p ORDER TO REMEDY VIOLATION (address of owner or authorized agent of owner) / PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Lows, Ordinances'or Regulations ~.C'..~7z/~.~..~....~......~...~. ..... at premises hereinafter described in that ..~../././...j(.~...c~?.~...~..~......(~/~/~./.~...¢...c~..`.~..~.~/~.~/~/~.~ (state charac.~er of violation) V-Z/' / in violation of ...~.,~..,~....~...c~..~.. ......... ~-~'~....~....~..T. .......... Z: .............. /.~.~.......~..Q.....~.~.. ..... (State sep~ion or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ......... /~..~.......~).(,~.~,,~.....: ...................... day of ....................................................... 19 ........ The ~_ ises to which this ORDER TO REMEDY VIOLATION refers are situated at ../.~'~.O....Q,J:2ZTL~,¢Z*'..J~'~/~...~.~/Z~- .............. County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. / Building Inspector ' BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : Thomas & Jacqueline Occhiogrosso : to the Board of Appeals of the Town of Southold : TO: Mariette J. & Ano Bates 7 M~rry Lane Westbury, New York 11590 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 requesta (Variance)~ [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 1580 Corey Creek Lane. Southold~ New York Tax Map No. 1000-78-04-019, Lot #28 3. That the property which is the subject of such Petition is located in the following zoning district: A. Re s ident ial/A~r icultural 4. That by such Petition, the undersigned will request the following relief: A frontyard setback of 12% feet from the east property, line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Se~tiop. 100-31 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].6) 76'5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 19, 1984 Petitioner Post Office Address 77 Vanderbilt Boulevard Oakdale, New York 11769 NAME Mr. and Mrs. Ano Bates PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 7 Merry Lane Westbury, New York 11590 P27 Q ' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) & Mrs. Ano Bates 7 Merry Lane N.Y. lj590 .20 ~ .95 7/19/84 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: [~ZLDL~q ~TFTT.T.~R , residing at &] .Tm~qcmr~ Romd; R~v~rt~a~ma N~w York ] ] qOl , being duly sworn, deposes and says that on the __ day of ,Tll]y , 19 84 , 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 thc 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- rice at Riverh~d; Mew York ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before me this day~f July ,19 84 '[he X,Y.S. Er~v,runmenl,ll Qualig.y i<(:vi~-_.w mission of this~l~l~rm, and ~ erlvlr'onmenlal made by this bo,~lI~ before any action is ta iew wi l I be SHORT ENV IRO:~,~.ENT ~L INSTRI~T!CNS: (a) In order to answer the questions in this ~hort EAF is ia ase~ed that the preparer will use currently availa~le infor~.ation coneernin~ the proJec~ and likely impacts of the action, I~ is not e~peoted that additional mtudims, rmsemrch or o%~er investigations w~i be ~der%a~en, (b) If any question ha~ been answered Yes the project ~y be sl~iflcan% and a ccmpleted Environmental Assessmenu Fo~ i~ neces$az7. (c) If all questions have been answered No iu is l~ely t~% %his project nc% significant. (d) ~n';ircnnent~l 1. W~l pro39c~ rest% in a large physical to the proJec~ ~ite or physically al%er more %bmn lO acres of land? · · · · · . · · · · · Yes .__X__ No Yes X No Yes X No ¥~s X No Yes X " Yes X Yes X No 2.Will there be a major chanEe to any unique or unusual land fo~ found on the slue? , , Will project alter or have a large effect on an existin~ body of water? · · , , · · · · Will project have a potentially large lmpac~ on groundwater quality? · , · · , · · * · WLll project significantly effect draLuage fl~ on adjacent sites? * · * * * * * , * · 6. Will project affect any tkreatened Or endangered plant or animal species? . . . , . · · 7. Will project result in a major adverse effect on 8. Will project have a ~mJor effect on visual char- know~ to be i~.portant to the co~.munity? , . . Yes X No 9· Will project adversely Lt..pact any site or struct- ure of historic, pre-historic~ or paleontoloElcal importance or any Bite designated as a critical environmental area by a local agency? · · · 10. Will project have a ~Jor effect on existing or 11. Will project result in major traffic problems or cause a major effect to existing transportaeicn systems7 · · · · · · * · , , * * Yes X NO 12. Will project regularly cause objectionable OdOrS, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · __ Yes__~X No 13. Will project have any impact on public health or Will project Affect the exioting community by directly causin~ a ~rcw%h ~n perman.nt popula- charac%~ of t~e community Cr nel~l~borhoc~?. , Yes----X 15. Is there public con~rovcrs7 concerning the project? Yes _~ No ? Yes __X__ No Yes X No Yes X,, No QUEST!ONNAIRE 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 ~rook, NY 11794, (tel. 516-75~.-.7900), if you have checked Box #1 and/or Box #6 below. PJea~e either call their office or personally visit them at their Stony {3rook 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. [ ] 3. [ ] ~. [ ] [xj 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 st.'uctures bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75~ from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward cdge of tidal wetlands, waterfrol~t area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will alsu 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). IO/H3lk JUDITH T. TERRY TOW CLERK 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 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: January 17, 1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice -- is hereby given that ~he Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Steve Tsontakis, on behalf of Thomas and Jacqueline Occhiogrosso, for a Wetland Permit to construct single family dwelling and provide access for construction, driveway and off street parking on the west side of Corey Creek Lane, Lot #28, Map of Corey Creek Estates, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Steve Tsontakis on behalf of Thomas and Jacquel~e OcchiogTosso~''~ TOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands P=rmit No ..... ,1..L}.6. .......... has been granted by the Southold Town Board according to information furr~ished in Application No ...... .1.~..1 .......... filed by Applicant ,~.l;~.~.~...(i^...T.~.QD.t~kj~s ....... on behalf of · Occhio ross ..T...h..o.m...a..s....&....J..a..c..q.u...e.[!!.~.e. on ........ ~.n..e....~..4. ....... 19,8_3. ...... A map of the proposed work will be kept on file in the Town Clerk's Office under the application number given. - Permit granted to do the following work ~c..~.n~.s'.t.~r..u`.c..t.~.s.!.n.q!.e.~.f..a..m.~i~y~.d~..w~.e.'~[[9g'~!~d'~ ........ access for construction, driveway and off street park Location of property on which work to be done ~.w.~.e~s.t.~.s.!~d~..e.~.C..~.'r.?.~y~C.~r~e~.e~k.~.L~.a.~n~.e.~.'~..~..u..t~'h.~'[~. .... .................................................................................. ..................................................................................................................................... ?.; ................. Creek, Bay or Harbor fronting property .d~?..e~'d.~j.e~.d~'c~.a''~.a...n.~.~.~f.~f.~.~.~f~'C..~'?.~e.~¥~.C...r~.` ................. ,....~.. Size of work: Lsngth ~.°..n..e..~.f..a..m~[~(~.d~.w.~.e.[!!9.cJ~.1~.3.~..f...~..t.~.f..r.~.m.~.t..h..e..~.e..a..s..t..e..r.p~.m..~..s.~9~.~9~ and house southermost location a minimum of 25 fro. fro~. the land- Width .w...a..r..d....m...°..s..t.. ~...°. [ .t.i..o..n....o..f...t. !.d...a. !...w...e..t.l.a..~ ~ ~.. 9~9.~g.. ~ ~ ~.. ~ ~.~.[ i...~ ...... i~ ........ Height Above High Water .... .3....f..,e~..t....a..v..e..r..a._q.,e. ............................................................. Depth Below Low Water --- Yards to be none Excavated ..................................................................................................... Yards to be Filled ..a.p.p...r..o..x.j..m..a..t,e.l.y...1..7..5....c..u..,b.j~..y.a...r.d...s. ............................................ Manner in which material is to be removed or deposited ..... ~..a~.~''a..d..e'.~.~.~r.~`b.`a'..k..c..h~.~..e~.a''n...d.~'s~.c~.~.9~p. ..... Intended use of property ...... .r..e..s.!.d.~.en..t)~.a.[~~?.~~.s.!.n.q[.e.~~.f.a...m.]~~.y.~~.r`e..s.!`d...e..n..c..e. ............................................. NEW YORK STATE DEPARTMENT OF ENV RONMENTAL CONSERVAT ON. Expiration Date ~.F.~e.~.b..r..u..a..r.~1~9~`.~.~.9~.8.~.~!~.F~w..~.~.R..K.~.H.~.A.~.5~N.~.~...T.~..C.~.M.~M.E~@~6~zE~ Numberof Inspections Renu red 2 - TOWN CLERK TO BE NOT F ED WHEN PROJECT S COMPLETED. Inspection Fees ........ .~...~ ........................................................................................................... Liability Policies in the Amount of ...... ?.7.T. ............................................................................................. The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval.