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Home My WebLink About3156Southold Town Board of Appeals MAIN ROAD- STATE RI'lAD 25 r~DUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3156 Application Dated July 6, 1983 (Public Hearing held 8/31/83) TO: Mr. and Mrs. William Zingaro [Appellant(s)] P.O. Box 306 Cutchogue, NY 11935 At a Meeting of the above on your the Zoning Board of Appeals held on August 31, 1983 appeal was considered, and the action indicated below was taken [ ] 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 XI , Section 100-119(A & B) [ ] Request for Upon application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for permission to retain hedge height over four feet high along the frontyard along Pequash Avenue, Cutchogue (30100 Main Road), Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. The board made the following findings and determination: By this appeal, appellants seek permission to retain height of exist- ing hedges at six feet commencing at a point 30 feet from the intersection of Pequash Avenue (or Fleets Neck Road) and Main Road, along the front property line at Pequash Avenue and extending to its most southerly point approximately 123 feet. The parcel in question is a corner lot as defined by Article III, Section 100-13. Existing on the premises is a 2½-story, one-family dwelling with porch, and accessory garage J_n the rear yard used for storage purposes. Along the front property line at Main Road, commenc- ing at a point 30 feet from the intersection is an existing hedge four feet in height. The appellants have only requested a variance for hedge height along the southwest (front) property line as noted above. The first 30 feet along both front property lines are to be maintained at a maximum height of 30 inches, and the existing hedge along the Main Road at a maximum height of four feet. Opposite the premises directly to the southwest is a business district. The board agrees with the reasoning of appellants. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no substantial detriment to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the relief requested will be in harmony with and promote the general purposes of zoning; and (5) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3156, application of WILLIAM AND LINDA ZINGARO, for permission to maintain maximum height of existing hedge at six feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: CONTINUED ON PAGE TWO DATED: September 21, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3156 Matter of William and Linda Zingaro Decision Rendered August 31, 1983 That the subject hedge shall not exceed six feet in height along the frontyard area along Pequash Avenue and the maximum 30 inches in height shall be maintained along the first 30 feet from the above-noted intersection. Location of Property: Southeast corner of intersection, Main Road and Pequash Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) This resblution was unanimously adopted. September 21, 1983// : Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR[GONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WEDNESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 of Minor Subdivision #231, Fishers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000- 006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for permission to retain hedge height over four feet high along the frontyard along Pequash Avenue, Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. Fage 2 Legal Notice of Hearings Regular Meeting of August 31, 1983 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to redivide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [4] for per- mission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L. P. Edson). 8:10 p.m. Application for T.J. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) [3] (a) to erect an off-premises-directional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition with insufficient rear and side yard setbacks, and small addition reducing the frontyard setback, at premises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] (a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Page 3 Legal.Notice of Hearings Regular Meeting of August 31, 1983 Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Ave. (Lane), Southold, and more particularly identified as Bayside Terrace Subdivision Map ~2034, Subdivision Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY, by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary for the Zoning Appeals Board, at 765-1809 or 1802, Southold Town Hall, Main Road, Southold, New York. .................................................................... end of notice-- Instructions to newspapers: Please publish once, to wit: Thursday, August 25, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before August 30th. Copies to the following on or about 9/19/83: John J. Clavin Elizabeth Schwieger and Margaret Murray Richard Reunis and Mrs. William Zingaro David Kapell, as agent for D. and Mrs. Charles Woolley Inc., as agent Mr Ms Mr Mr Mr Mr Environment East, Papgiannakis for A. Delaney Michael J. Hall, Esq, for Peter Luhrs Mr. Robert Ketcham, as agent for T.J. Lukas and Puerto Verde Rest. Mr. William B. Peters, Cutchogue Free Library Mrs. Patricia L. Blake, as agent for M. Clust (Smith) Edward J. Boyd V, Esq. for Mr. and Mrs. E.J. Boyd Town Clerk Bulletin Board Supervisor & Town Board Members Southold Town Planning Board & Z.B.A. Members Posted on Z.B.A. Bulletin Board 8/19/83 FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ...... ~-~.~.~ ........ Z.~. ................ , l~ To ~.~. ~. Z~.~..~:...~.~..O.. ........... (owner or authorized agent 6f owner) ..~ z. ~.~...~~.. ~ ~.~....~ ~ (address of owner or auth~rized~agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ..~/A~....~.~.~. ............. Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that ~ ........... ~...~..~.~~.~ ~ ' / (state character at viola[ion) ( ~Z~....~z2.zO~.....~.~.c.r~/.~ ........................................................................ in violation of .................. ~.../~ .... ~.~ ...... ~. ~.~. (State section or paragraph of apblicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the~w and to remedy the conditions above mentioned forthwith on or before the ................... ~.~ ......... : ................................ d~y of ............. ~e~ ............................ ~.~ ' The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ~,2.~.~.~.....~/...~.....~K('"'Z.. ~....~.:.~x~.~Cc/~.~../.....,~unty 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 r JUL, 0,$ ]c 83 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~/".~','o/ DATE ..... .7...T~...'7~...~.. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...... ~.i.?:?::~.~..~...~.J:.n..~ia....Z..i..n..~.,~'~ ............. of ?.0. Box 306 Name of Appellant Street and Number ..................... C..u..~.o,.g..u..e, ...................................................... .................. New York. ........ .NIERVRy APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Order to remedy violation - Hedge Height 1. LOCATION OF THE PROPERTY ...~q]:~..l'~:~..~.o..a..cl....&.....5..5..~..e..q..u.~...s.]~....A.¥.~.: ................................ Street Use District on Zoning Map .... ? ...................... Map No. Lot No 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.) Art XI Sec i00-119A & 100-119B (Renumbered Feb 1, 1983) 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. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~ (has not) been made, with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a vartance and was mode in Appeal No ........................... Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A 5ubsect,on 3 A Variance to the Zoning Ordinance is requested for the reason that Zoning does not permit hedge exceeding 4'-0" in height along front yard area. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because noise level due to very heavy car traffic on RT. 25 and particularly on Pequash Ave. for full length of our property denies us privacy and use of oar front porch and back yard as leisure space without some relief from the hedges. This occurs primarily during the summer months when windows are open and noise level on Pequash which is due to backed up traffic reaches a peak. 2. The hardship create~ is UNIQUE and is not shared by all ~roperties alike in the immediate vicinity of this property and in this use district because our home is on a corner lot and therefore our side yard is considered frontage on Pequash and causes a hardship due to noise level and lack of privacy in both front and back yards due to back up of exceptionally heavy traffic during the summer months. This does not effect our neighbors who are not on a corner. 3. The Var,once wou~Id observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the hedges on Pequash would be will trimmed and would exceed 4'0" only to allow us to have use of our yard as an area to be enjoyed, without backed up traffic on Pequash denying us our privacy and causing the hardship of vehicle noise day and night which also enters our home when windows are open during the summer months. COUNTY OF Sworn to this ..................................... day o{ ................ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE~: E, KOPPELMAN DIRECTOR OF PLANNING Town of Southold Board of Appeals October 18, 1983 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 Commission 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 Richard Reunts W~illiam &,~inda,Zingaro~ Charles & Claire Wooley A. Delaney Peter Luhrs T. J. Lukas John J. C!avin Edward & Hazel Boyd 3155 3156 3158 3160 3161 3162 3164 3165 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning ~J Geral~ G, ~ew~an Chtef Planner NAUPPAUGE,~,I,,N~W YORK 11788 Southold Town Board of Appeals MAIN RI3AD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XI , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section -- Special Permit Suffolk County Charter, the refers 100-119(A) & (B) Appeal No.: 3156 Applicant: WILLIAM and LINDA ZINGARO Location of Affected Land: 55 Pequash Avenue and South Side S.R. 1000- 102-03-007 County Tax Map Item No.: Within 500 feet of: XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway S.R. 25 Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 ~~~ax~r°val to heiqht at a m~mum of are enclosed. retain hedge feet. Copies of minutes and decision 25, Cutch. Copies of Town file and related documents enclosed herewith for your review. Dated: October 11, 1983. Secretary, Board of Appeals Legal Notices Ordinance, Article 785-1809 &603, Southold Town HgI~F Main Road, LEGAi~NoTICE Section 100-32 for permission to construct acces- Southold, New York. nl~a ~ 1TA25-4320 *. ...... P_ro. visi.o~ns_of the ,A_mended side of Great PeconicS~Uathv ~ } SS: c~xle of me 'rowe of ~outhold, Boulevard Laur~ a Regular Meeting and the · Count,, To~ ~,~- following Public Rearings will 1000-128-02.009 .be ,heldb_ytheSoutholdTown''i 8'05pm ~pplicationfor zoning lSoard of Appeals at ' : Pl~.:~, ¥ .;-; ....... u, ~reenport, in the Town Hall . . - ...... vnflD, vy mzcnael, · . ......... , M.a. in ~oad, ~.. 3. Hall, Esq., 218 Front Street, ! smd County, being duly sworn, says that ]~,/she is ooumom, ~ew ¥orr, On Greenport, NY for a Specialll Principal Clerk of THE SUFFOLK TIMES, e Weekly / WEDNESDAY, AUGUST 31, · Exception to the Zoning 1983 commencing at 7'30 Ordinance, Article VII, Newspaper, published et Greenport, in the Town o'clockp.m, andasfotlows:' - Section 100-70(B)[4] for of Southold, County of Suffolk and State of New , 7:30 p.m. Applicati5n of permission to establish a JOHN J. CALVIN, Madeline public garage/repair station York, end that the Notice of which the annexed is Avenue, Fishers Island, NY ~i in this B-1 General Business a printed copy, has been regularly published in for a Variance to the Zoning ~ 'District, premises known* as Ordinance, Article . III, **. 45845 North Road, Southold one DS~erlfinOist~ss..1__0~31.~a~hd !~00~, _for · .~.1~; County Tax Map Parce~ said Newspaper once each week for · ~..~-..~.u~_..,.~_.,_~o_.. weave .~o. 1000-5,~02-17 (Owner* L weeks successively, commencing on the 2 ~th ..~.u.~ymmumgmanarea ,P. EdsonL. ' * ~ omer than the required renr , 8:10pm Applicauon~orT dayof ~ard, at p. remtses known as ' J L~,'by l~. Ketcham i ' ' L°t '3 °f Min°r Subdivisi°n agent' B°x 295' East Marl°ri' ~ff'~' ~' 0~ ¥0~ , * ~ ' #234 Fishers Island Utility NY for a Variance to the Zon- e. i i Co., and more particularly lng Ordinance Article VI, ~?¥ PUBLIC, State. or New Yet# ~/, · known as County Tax Map Section 100 60(C)[3](a) t ~ , p ' o . arcel No. 1000-006-08-3.3. erect an off-premises-direc, m [xp.es Uarc~ ~0, 19~.~ ~/ - Principal Clerk . ~/?:35 p.m. Application of ELIZABETH SCHWIEGER · and MARGARET MURRAY, ' Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, ~oOr approval of three pre{xp, ed ts, each having insufficient area, width and/or depth, and/or insufficient setbacks of ~tien ~ .lot lines, located at the ~ .east stde of Light House Road, · Southald; County Tax Map Parcels No, 1000-31-02-001 and 7:40 p.l~[ Application of RICHARD REUNIS, 1500 Ordinance, Article III, Sec- , tion 100-30(C) for permission tio,~, sign upon premises of T. J. Lur~s for the Puerto Verde Sworn to before me this ~ ~ th Restaurant at 69700 Main TRa~axd,._Gre~_nport, NY;Count~/ dayof August 19 83 ax Map k'arcel No. 10004)45- 8:15 P'''~ APplication ~f CUTCHOGUE FREE LI- lng Ordinance, Article VII, 8ecUen i00-71, Bulk Schedule, ~or permission to construct nd(Utien with hmufficient rear and sideys~d sethachs, and small addition reducing the * frontyard setback, ·at ~ Tax Map PareeJ No.~ 15102- 05-~ aedpe~t uf ~. 8:~0 p.m. Application of CUTCHOGUE FREE LI- EI~LR¥, Box ~5, Cutchogue, high fence aceessory to the NY for a Spe~al ExenpUen to principal structdre (dwal* the ZOntnE O~lbumee, ArUcle ling), known as 1500 Beebe . VII, Sectios 100-70(B)[l](a). DMve, Cutchogue; Cmmty Tax for pe~ien to use Map Psrcal No. 10~0-105-05- addition for library use at · ;;~,T~"'"" ;..'"" .~tauA : 'rex Map y~ No. 1~1~ ~i~ARO, r.O. Box 3~, }~d~. . ~, ~ f~ a Va~ = [. 8:30 p.m. Application for to tee zoning Ordinance,] ~ MARJORIE ~. CLUST ~e~,~tio~I~llg(A{,(SMITH). by Patricia L. & B) for ~i~ ~ ~ ~' Blake, as agent, Box 166, ~_~g~ height 9ver four feet ~ ~old, ~ for a V~nce ~ .. ~i~al~ ~ ~e ~ O~n~, ~e ~sn Avenue, ~tcno~e, ~ fill, ~ Section 1~-31 for at premises known as 55 [~ission to r~divide four ~ Av~ue (~1~ Ma~ ~ ~laM~ioh~lo~ Which have ~=Koad)~ Cutchogue, .NY; ~ ~eeome merge, into two ~ty Tax ~p Panel No~ : p.m. Applicatton for Lane and the ~st side of DIMI~IOS PAPGIANNAK- . ~ Ave. (~e), ~old, ~, ~ D. ~U, ~ agent, ~ and more particularly ~nt.S~t, G~n~rt, ~ - ~ ~ ~ide T~a~ lot a V~nce ~ ~e ~ Subdivision Map ~2034, ~i~, ~e ~I, ~U~ Su~vision ~ 4, 5, 13 and !~-31, Bulk Schedule, ~ .14; ~ty Tax Map Pa~e~ redivide two parcels, each ~ No. 1~, 5, 12, and 13. hvi~ ~flcient ar~ and * 8:40 p.m. Application for ~d~ a~ 1~ ~ ~ w~t : EDWARD J. and HAZEL K. ~slde uf Stars R~d, East BOYD,~ ~bi~on :~r~.on, N~; Stars Manor ~'~l~,byE. J.~ydV, ~i~ ~p ~, ~ ~ Esq., for a Variance to the and 21; County Tax Map ~ ~i~qce,~eHl, :~ No. 1~1 a~*~ ~tion 1~ for ~rmi~ion '~. ~ ';'*~ ~ * ~ * ,: * to eonst~ct accessory ~' ?:55 p.m. Application of ~a~s~rnge~din~e CHARLES and CLAIRE frontyard area uf pr~mises ~, ~ ~va~ ~d ~o~ ~ ~ ~b~on ~d, ~z~, ~oumold, NY for a Sodthold, NY; County Tax Variance to the Zeni~g Map*Parcel ~o. 10~-081-03- ~n~, ~e HL ~Uon 1~ for ~iofl ~ b~ld *- Dat~: A~t17 1~. ~rag~s~age b~ ~ ~e · ~; BY O~ER OF frontyard area at premises ~ T~SO~HO~TOWN : ~ ~ ~ ~va~ ~d ~ ..... BOA~ OF ~PE~ ( near Bayview), Southold; GE~ p. ~E~INGER County Tax Map Panel No. · ~I~ :I~. For further information 8:~ p.m A~U~Uon for A. concerning the ' above DE.NEY, byEn~re~ent hearings, please contact ~t, ~., ~n N~k ~ne, ~ Kowa~, ~ for · NOTICE IS HEREBY GIV. EN, pursuant tO ~ection 2670f 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 Seuthold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WED- NESDAY, AUGUST 31, 198.3 commoncing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madelinc Avenue, Fishers Island, N.Y. for a Variance to the Zoning Ordinance, Article HI, Sec- tions 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 Minor Subdivision #231, Fish- ~rs Island Utility Co. and more particularly known as County Tax Map Parcel No. 1000.006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House R6'ad, $outhold, N.Y. for a Variance ~o the Zoning. Ordinance, Article 111, Section 100-31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or .depth, and/or insufficient setbacks of existing buildings due to loca- tion of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and' 002. - 7: o ? ca ti.on RICHARD REUN1S, 1500 Bee- be Drive, Cutchogue, N.Y. for a Variance to the Zoning OrdinanCe, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the. principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZIN- / GARO, P.O. Box 306, Cut- [ chogue, N.Y. for a Variance to [ the Zoning Ordinance, Article ~ Xl, Sections 100-119 (A&B) for '~ permission to retain hedge ~ height over four feet high ~) along the frontyard along Pe- / quash Avenue, Cutchogue, at / premises known as 55 Pequash [ Avenue (30100 Main Road), ~ Cutchogue, N.Y.; County Tax ~ Map Parcel No. 1000-102-03- 007. ' -- ~ 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapoll, as agent, 400 Front Street, Greenport, N.Y. for a Variance to the Zon, ing Ordinance, Article IH, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located offthe west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcel~ N°~' 1000.22-04-001 and 002. 7:55 P.m. Applicati0h''°f CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Yi for a Variance to the Zoning Or- dinance. Article IH, Section COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wo~J, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a publi: newspaper printed at Southold, in Suffolk County; and thct 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 ~5'~' Sworn to before me this .............. ~....~. ............ day of D IMI'i'RIOS pAPGIANNAKIS, by D. Kapell, as agent/ 400 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located offthe west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000.22-04-001 and 002. 7:S5 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold. N.Y. for a Variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to build garage/st6rage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, N.Y. for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 32 for permission to construct accessory garage / storage building in the frontyard area at premises located at the south side of Great Peconie Bay Boulevard, Laurel, N.Y.; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael. J. ,~Hall, Esq:t 2~l.8~ronL~S~e..et, Greenport, 'N.Y. for a Special Exception to the Zoning Ordin- ance, Article VII, Section 100-70 (B)[4] for permission to establish a public garage/re- pair station in this B-1 General Business District, premises known as 45845 North Road, Southold, N.Y.; County Tax Map Parcel No. 1000-55-02.17 (Owner: LP. Edson). 8:10 p.m. Application for T.3. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (C)[3](a) to erect an off-premises-direc- tional sign upon premises of T.J. Lnkas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Sched- ule, for permission to con- struct addition with insuffi- cient rear and side yard set- backs, and small addition reducing the frontyard set- back, at premises known as 28735 Main Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935. Cutchogue, N.Y.for a Special Exception to the Zoning Ordinance. Article VII, Section 100-70 (B) [I](a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Cutchogue, N.Y.; County Tax Map Parcel No. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100-. 31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Avenue (Lane), South- old, and more particularly identified as Bayside Terrace Subdivision Map #2034, Sub- division Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, $, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, N.Y. by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/ storage building in the front- yard area of premises known as 3880 Robinson Road, South.. old, N.Y.; County Tax Map Parcel No. I000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1T-8/25/83(94) t Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 3.5 SOUTHE3LD, L.I., N.Y. 11cJ'7~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI September 21, 1983 Mr. and Mrs. William P.O. Box 306 Cutchogue, NY 11935 Zingaro Re: Appeal No. 3156 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 be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 5DUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONrS, JRr S o E. O o R o A o SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKt Notice of Determination of Non-Significance APPEAL NO.: 3156 PROJECT NAME: WILLIAM AND LIN-DA ZINGARO This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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 [ ] DESCRIPTION OF ACTION: Hedge over 4' Unlisted [ ] along frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: Pequash Avenue and Main Road, Cutchogue. more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been~ sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is not within 300' of critical environmental area. Dated: July 28, I983. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUDITII T. TERRY TOWN CLI-~R K REGISTRAROI VITAl SI \II511CS 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 July 6, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3156 application of William & Linda Zingaro 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. ~_~ j~ c ,.',,~. ,4.0 ZA. .... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of 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 Q(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is 19qated adjacent to your property and is des- cribedasfollows: '.~"~cVl~,C, ./Lt,,~t'..~ [~) ~ ~-~ ~'~'~__OD~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request[~h~ following relief: · $. That the provisions of the Southold Tow]~ Zon.~ing Code applicable to the relief sought by the under- signedare Art-Lcle , "~ Seo.t:.ic~. [00 ~ ~ ~/ ~. ,~ ICaO '- / l ~ ~ 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) '/65-'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 ar~l beheard at such hearing. Dated:, ~/~O/~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 3O6 753 418 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) C RmEy E SHOW TO WHOM AND DATE DELIVEREO AN D ADDRESS OF P 306 753 417 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: .~-~ C' ~/'~. °. / c'"~ ~ ~"'~'/~ "~ J-- , being duly sworn, deposes and says that/on the OT ~(~ ( ., 19 ~ _, deponent mailed a true copy of the Notice set forth on the re- ve~ side her~f, directed to each of the above-named persons at the addresses set opposite [heir respective name; that the addresses set opposite The names of said persons are the addresses of said persons as shown on the curre~s~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice ~t ~ ~ o~ ~ ~ ; that said Notice~ wer~ mailed to each ~ ~ persons by day of .{~ t~ , 19 _ ~Z ~ N;tary P~c/ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Sou[hold, N.Y. Certificate Of Occupancy No Z 1.1.0 } p. Dare ....... I~4 y. 2',' ., 19 ~3.~ THIS CERTIFIES that the building 5'. t.~l 55 .......................... LocatfonofPr0pertv .............. ..20J0.Q ...... Nain Road Cutchogue Hoc, se NO Street Ha~l~ Count':, Fax Map No. 1000 Section .1.':~.k' ........ Block . . .q~ .......... Lot . . .QQ? ........... Subdivision . . .X ........................... Filed Map No. ~ ....... Lot No. X Requirements for a private one-family dwelling built prior to confor~ns substantially to the A. Dp4i.ga-t~n-fo~q?m41di.ng-t~mR_ho/e. tofo~e. 4'}t~d_h~_tqqis_of(~ed~t~d Certificate of Occupancy /~ P r }.1.. ~ 3 ............ , 19 5.7. pursuant to which l}t~}dkrg-P~rmi* No..} 1 ] ~31.2. ............. dated ..... Nay. 2.7 ................ 19 82. , was issued, and conforms to all of the requirements of the applicable prey sons of the law. The occupancy for which tNs certificate is issued is ......... .a, p.r~iv a.t.e..one.-.£amJ_.ly, gt~.e. 1 1 J-Bg .¥ ~.t.h .OC ~.e.~ 9ry..~..~p.-.qa. i?. g~.iT.ag.q.' ....... The certificate is issued to John Madzelan & wife (Estate of Helen Madzelan) (owner, I~$.~e.or- of the aforesaid building. Suffolk County Department of Health Approval ...q ./.r. UNDERWRITERS CERTIFICATE NO .... Budding Inspector Rev. 1/81 To: Southo!d Town Board of Appeals '. blain Road Southo!d, NY 11971 Re: Ap_ aal Ap licatio o'- ~ation 9f Property: Dear Sirs: In reference to the New Yo~,, S~a~e Tidal Wetlands Land-Use Regulations, 6 N~CR.~, Part 66z, an~ Article 25 of the New York State Env~ ~= ' ~ -~onmen=_l Conservation Law, please be advised that the subject property i~ the within appeal application: (please ~'~ C ...... One box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 fee5 in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. - - [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be loc[ted within 300 feet of tidal wetlands; ~and there is no bulkhead or concrete wall existing on ~h~ premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred '~= l~ms (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.§. D.E.C.] Sincerely yours, your application can be scheduled for a public hearing. 0 O E~ SHORT ENVIROh~-~ENTAL ASSESS~NT FOP~M INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information ooncerninE the proJsot and likely impacts of the action. It is not expected that additional studies~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be si~nificant and a completed Environmental Assessment Form is necessa~l. (c) If all questions have been answered No it is likely that this project is no__~t si~nificant. (d) ~--nviror~ental Assessment 1. Will project result in a large physical to the project site or physically alter more than 10 acres of land? . . . . . · . . Yes ~'~ No 2. Will there be a major change to any u~ique Or unusual land form found on the site? Yes X NO 3- Will project alter or have a large effect on an existing body of · , · · · Yes~ No Will project have a potentially lares impaCo on groundwater quality? · ' · · . · · Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? · · ' · ' · · Yes No 6. Will project affect any threatened or endangered plant or animal species? . . . · · . Yes~ No 7. Will project result in a major adverse effect on air quality? · · · · . . · Yes~ No 8. Will project have a mmJor effect on visual char- ac%er of the community or scenic views or vistas know~ to be important to the community? · · · -- Yes No 9. Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmen%al area by a local agency? · · · Yes~ No 10. Will project have a major effect on existing or future recreational opportunities? · · . Yes~_ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · . · . Yes.~ No 12. Will project regularly cause objectionable odors~ noise~ glare, vibration, or electrical disturb- ance as a result of the project's operation? . ''I Yes~ No 13. Will project have any impact on public health or ~.-- safety? · · · ......... Yes~ No l&. Will project iffect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of %he com. munity ~r neighborhood?. . YesF'% No p~c/c~rcv~oncerning the prs,ect? 15. Is there :.4 ~E,,,. t e(~)a COUN'TY OF SUFFOLK _ °" t'- , o -'t° __ '~' R I Properly Tax Service Agency r