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HomeMy WebLinkAbout3031Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 7651808 Appeal No. 3031 Application Dated September 3, 1982 TO: Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on JANUARY 13r 1983 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 IX] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held on December 22, 1982. Upon application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-04-019. The board made the following findings and determination: By this appeal, appellants seek permission to relocate the proposed new dwelling with an insufficient frontyard setback from the east property line at Corey Creek Lane at 13 feet and rearyard setback at 45 feet from the ordinary high water mark in order to locate the house on the filled dredged spoil area. The N.Y.S. Department of Enviroz~ental Conservation has approved this location over the previously approved location, approved during 1979 by this board in Appeal No. 2610 and b~, the N.Y.S. Department of Environmental Conservation under TW #15276- 0186A, and Town Board Wetlands Permit #27 dated September 11, 1979. It is the feeling of the board that the new dwelling structure should not be located any closer than is necessary to the high water mark, and practical difficulties in relation to the insufficient rearyard setback relief requested has not been shown. The premises in question contains an area of approximately 20,000 square feet and is vacant land. It is noted for the record that previous applications have been made to this board under Appeals No. 2610 dated September 14, 1979 and No. 2547 dated May 2, 1979. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allow- ing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method fea- sible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. DATED: January 27, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~age 2 - Appeal No. 1 Matter of THOMAS & J UELINE OCCHIOGROSSO Decision Rendered January 13, 1983 On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3031, application of THOMAS AND JAC- QUELINE OCCHIOGROSSO for permission to construct new dwelling, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the rearyard setback shall be no less than 50 feet from the high water mark (rear property line, whichever is closer); 2. That the frontyard setback from the east property line at Corey Creek Lane shall be no closer than 20 feet; 3. That this approval is subject to compliance with the Flood Plain Management Laws of the Town of Southold. 4. That this approval is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 1580 Corey Creek Lane~ Southold, NY; Corey Creek Estates, Filed Map No. 4923, Lot 28; Suffolk County Tax Map Parcel ID No. 1000-78-04-019. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APP (OV.ED CEIVED AND FILED BY ~:~ ~OUT**~.,.~D TOWN CLERK Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH ~.SAW]CKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 16, 1982 commencing at 7:30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7:40 p.m. Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. Application of MARGUERITE R. WASSON, by Gary Flanner rZ77:45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO~ Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the ing Ordinance, Article III, Section 100-31 for permission to locate dwelling with insufficient front, side and rearyard Nosetbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID ~ 1000-78-4-19. ~age 2 - Legal Notices of Hearings Southold Town Board of Appeals · Regular Meeting for December 16, 1982 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchogue, NY; County Tax Map Parcel ID Nos. 1000-97-4-11, 12 and~lT. '. " 8:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold,. NY; County Tax Map Parcel ID No. 1000-061-04-013. 8:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 54~, part of Lot #35. 8:20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. 'Page 3 - Legal Notices of Hearings Southold Town Board of Appeals · Regular Meeting for December 16, 1982 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. Ail persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 11 affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15, 1982. (Tel. 765-1809) Copies mailed to the following 12/3/82: Suffolk Times L.I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and Mrs. Charles M. Alfred J. Skidmore, Esq. for Mr. William Burkhardt Gary Flanner Olsen, Esq. for Ms. Marguerite R. Wasson Mr. and Mrs. Thomas Occhiogrosso Mrs. Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr., Esq. Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. Lessard (Building Department) Nelson for Theodore and Mel Metalios and Town Board FORM NO, 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To '..'~..~.~..P~....~.'..~..~..q.O.~.~ ./C ! .N. ~., .... ~7... ~ .*.~ ~ ~T.. Date ............... .~..U..~....~.~.., 19 .~. · -~'. ........... .o.~. ~.~. . ~ .~. . 8 : y... . . ( ! .7. . PLEASE TAKE NOTICE that your application dated ................ ~..U..~...{.~..-, 19 .~...~-. for permit to construct~..: .~60 [[_k IN. (?7 .............................. at LocationofProperty I ~.0 C6~E'( Cl~'k~b( ~./~ ~'~orHol. d~ House ......................................................... No. Stroot County Tax Map No. 1000 Section ...... 7 .~. .... Block ...... .tTt ......Lot .. (~. ......... Subdivision .~.0.~..E~...C..~..~...~. ~'Pi~ed is returned herewith and disapproved on the following grounds . . .I..H..o~.O. I~.f.k~..~..tq.w. · · · .F./~..O.N..7-.. ..................... .'r. ........ ( 9.o. :.~. / ...... RV 1/80 Building Inspector TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~xomined ......................................... 19 ........ Approved ........................................, 19 ........ Permit No ..................................... Disapproved o/c ............................................................................................ Application No ................................. (Building Inspector) APPUC^TIO. FOR UILDING PERM'T Date ......... ..~..: ./..~...~..~ ................ , 19 ............ INSTRUCTIONS a. This application must be completely filled in by typewriter o¢ in ink and submitted in triplicate to the Building Inspector, with 3 setg of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ~'-'~('~i~'A'~Yb';~'~"~,'l~'l~¥?~a~[-~--~"r"~e, if a corporation) t State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber o, builde,. Name of owner of premises ..... ~ ........................................................................................................................... If applicant is a corporate, signature of duly authorized officer. ....... (Name and title of corporate officer) Builder's License No ............................ ~.../:/~...~..~.f4~'~c]- ~'J~ , Plumber's License No. ~-~-/O. pi~/~-~u~/4,~, ~'4;~'~,/J, /1~'/' Electrician's License No.~..~.~..~-~.-....--.~'..~..:.~-~k~..~/~~/~ ~/~--sTL ~C/~]/~,;//e Other Trode's 'icense No ............................................... I. Location of land an which proposed work will be do.ne. Mop No.: Lot NO street and Numb~.~..~.P.~..~.~.....~.~..~..~.~.......~.P.~'' ............................................................... ........ 2. State existing use and occupancy of premises and in:ended use and occupancy of proposed construction: a. Exisiting use and occupancy ......... .~.~.~.~... ........ ~...~.- .................................................................. b Intended use and occupancy P//jg/.~/~..~... ~.....~.../..~..ff..~...¢.~'~ 3. Nature of work (check which applicable): New Building. ~/ Addition .................. Alteration ............... Repair .................. Removal .................. Demolition .................... Other Work ................................................ .... (Description) 4. Estimated Cast ............................................................ Fee (t~ l~e ~aid on filing this appli~'i~i ................. 5. If dwelling, number of dwelling units ......... ~. ................ Number of dwelling units on each floor ............................ If garage, number of cars .............~.. ........................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ : Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions qf entire new construction: Front ... ~'..~. Rear 11. Zone or use district in which premises are sit"'ated ..............~.,¢.'~.-~'~T./~.,~/.,,~. 12. Does proposed construction violate any zoning law, ordinance or regulation '~?.'~'~".~.'~'~'~.'.'. ........... W,il lot be regraded ...... 7~--~ ........ ~...~W, II excess fill be removed from pr. emis. es: .?*a~--y-ee~...- (6~No ' PLOT DIAGRAM Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and Jndica£e whether interior or corner lot. STATE OF NEW YORK, t c c COUN Y ................................ - "~'~'"? '~"0~'~/~?-f'~.~.6~'./~,;~'~? ................... being duly sworn, deposes and says that he is the applicam (Name of individual signing~contract) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~erform or have performed the said work and to make and file this application; that all statements contained in th'is applicction are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of .................................................................... ,19 ........ Notary Public, . ................................................... County .......................................................................................... (Signature of applicant) % *RJcr[lvr~_ TOWN OF SOUTHOLD, NEW YORK '$EI~'0A~P~A~L FROM DECISION OF BUILDING INSPECTOR II Tit~! ~ ~ DATE .~,/~/~J~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (w~) ~....~~.~~.o~ ..%~...~/~.~.,. .......................... Name of Appellon~ Street and Number .... ~. ....... ~ .......................... ZZ~Z~ .................. ~ ........... HEREBY APP~L TO Municipality Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....~....~...~.......'~,~.,.L...~...~..~... ..... WHEREBY THE BUILDING INSPECTOR DENIED TO . Nome of Applicant for permit of .... ....... Street and Number Municipality State (~')'PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Use District on Zoning Mop Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Perogroph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (V) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous oppeal~h~'l~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~J~ Variance to Section 280A Subsection 3 ('~/6 A Variance to the Zoning Ordinance ( ) is requested for the reason that ~o~ ~z (Continue ~ other REASON FOR APPEAP Continued 1. ~T'~ICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicim~y of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF ) .~.,.~ .............. .~;~;~;;;; ............................... Sworn tr, this ....... ~X'..~....: ............. doy of....~.~ ....................... 19~~ refm Ext~es M~ch ~O, ~ ! COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE:I:' I~. KOPPE:LMAN July 15, 1983 Town of Southold Board of Appeals 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 Ernest E. Wilsberg Jerome E. & M. Dorothy Bloom Robert W. Gillispie, Jr. Madeline J. Heinisch Peter S. Terranova Anthony & Carmela Prisco Alice G. Levien Peter D. Pizzarelli Marguerite R. Wasson Alice G. Levien Mary Sayegh William Keinath Thomas & Jacqueline Occhiogrosso Michael & Annette Collins Andrew Pafitis Nicholas W. Ippolito Allen Ovsianik Theodore & eel Metalios George & Natalie Weiser Harold P. Schwerdt J. Royal & Virginia Gifford Patnick Realty Corp. Ann Wyden & Peggy Heller John F. & Mary McF~ely 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3076 3083 3084 3089 3102 Very truly yours, Lee E. Koppelman Director of Planning GGN:jk Gerald G. New~man Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3031 Applicant: THOMAS AND JACQUELINE OCCHIOGROSSO Location of Affected Land: 1580 Corey Creek Lane, Southold County Tax Map Item No.: 1000-78-04-019 Within 500 feet of: __ Town or Village Boundary Line AK Body of Water (Bay, Sound or Estuary) ~ __ State or County Road, Parkway, Highway, Thruway __ 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. was granted COMMENTS: Applicant ~x~k~permission to r~-lo~a~ dwelling with insufficient front, side and rearyard setbacks. Copies of Town file and related documents enclosed herewith for your review. Dated: July /~, 1983 ~~r~. ~~F~~, Temp. Se d of Appeals Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, /.I., N.Y. ]]cJ?l TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 31, 1983 Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 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 NOTICE NOTICE IS HEREBY GIV- EH, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Ma{n Road, Southold, N.Y. on Wednesday, Decem- ber 22, 1982 conunencing at 7:30 o'clock p.m., and as follows: 7:30 p.m. Application of CHARLES M. AND KATH. RYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. 11971 for a Variance to the Zoning Ordinance, Article BI, Section 100-31 for permission to estab- lish two legal building lots, each having insufficient area and width at W&basso Street; Southold, N.Y.; County Tax ~Map Parcel ID No.s 1000-78-3- 31, 34 an~ '. 7:35:' p~ppiic/mrn~ of WILLIAM~ BURKHARDT, c/o Al~ad J. ~lddmore, Esq., 117 Hewbridge Road, H~cksville, N.Y. 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion tO reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, N.Y.; County Tax Map Parcel ID Nos. 1000-78--3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to estab- lish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laur- el, N.Y.; County Tax Map Parcel No. 1000-126-094)13. 01. ~:45 p.m. Application OfTM THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- hilt Boulevard, Oakdale, N.Y. 11769 for a Variance to the Zoning Ordinance, Artic!e .Ill, ' Section 100-31 for permmslon to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, N.Y.; Corey Creek Estates Filed Map #4923, Lot 28; i~ounty Tax Map Parcel ID No. 1000-78-4-19. ~ 7:50 p.m. Application of COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...................... ./.. .............. weeks successively, eom~q~[~¢ing on the .................................... Sworn to before me this ................................ day of Ndf'o ry Public NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, ~.hat the Southold Town Board of Appeals Regular Meeting end Public Itearings for December 16, 1982 and advertised in tbe December 9, I982 p~b{icatJon of/he Suffolk Times. have beer~ ADJOURNED UNTIL WED- NESDAY, DECEMBER 22, 1982 AT THE SAME TIME~ ~NI) PLACE, Dated: December 10, 1~2. BY ORDER OF HF~ SO.HOLD TOWN BOARD )F APPEA~ GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski, Secretary 76~18~ (1802) )TD1~41~9 COUN'I~k' O.T SUFFOLK, STATE OF NEW YORK, ) s~: .... r ............................ ~ing dull ~ ..... ~s ~rinte~' a~d P'ublishe~ oI ~he WEEKLY TIMES, u uewt~per pubhshed ~t Gre~npoxt, county: und that the noti~, of which ~e ~e~ ~ a pviute~ ~py, h~s ~en published in thc~ o,~d Suffolk Week~ unce in eu~h w~k, for , ~ successively oo~nmencing on {he .... ~ 0.~i) ........ t t ..r,? .... ............. , day of ,r~ ~ ' ... 19. J~. ~ ., , GERARD P, GOEHRINGER CHAIRMAN CHARLES GRIGON~S JR SERGE DOYEN JR ROBERT J DOUGLASS JOSEPH H. SAWICKi MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y, llSTl TELEPHONE (516) 765-1809 December 10, 1982 Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Dear Mr. and Mrs. Occhiogrosso: We regret to inform you that the December 16, 1982 meeting and public hearings have been adjourned to Wednesday, December 22, 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions, please don't hesitate to call our o. flc~ at (516) 765-1809 Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Enclosures Town Board of Appeals SOIITHOLD, L.I., N,Y, 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS. JR SERGE DOYEN, JR ROBERTJ. DOUGLASS JOSEPH H. SAWlCKI NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised Times, have AT THE SAME in the December 9, 1982 publication of the Suffolk been ADJOURNED UNTIL wEDNESDAY, DECEMBER 22, 1982 TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) Instruc%ions to Suffolk Times: Please publish once, to wit, December 16, 1982 and forward one affi- davit of publication to the Board of Appeals, Main Road, Southold, NY on or before December 16, 1982. · Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267' of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Beard of Appeals at the Town Hall, Main Road, Southuld, NY on Thursday, December 16, 1982 commencing at 7:30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., l~ain_Road, Southold, NY 11971 for a Variance~to the Zoning Ordinance, Ar(icle III, Section 100-31 for permission to establish two legal building lots, each haviag insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000- 78-3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURRHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 10~0- 78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flununr Olsea, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of P,'operty: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. ~"7:45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769 for a Variance to the Zor. ing Ordinaece, Article III, "Section 10031 for to re-locate dwelling insufficient front, .side rearyard setbacks at Corey Creek Lane, Southold, NY; Corey Creek Filed Map //4923, Lot 28;' County Tax Map Parcel ID No. 1000-78-4-19. *'- 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lone, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, L~_t #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Loslie's Road, Cutchogun, NY; County Tax Map Parcel ID Nos. 1000-97-4-11,12 and 17. 8:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Sm)th) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-I. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 1000-061~04-013. . · 8:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46- 12 and 46-17(C)[1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A- 4 Flood Zone. Location uf Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06- 002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greanport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Grcenpert, NY; County Tax Map Parcel No. 1000-048-0!-035; Greenport Driving Park Map No. 548, ~lk Weekly Times part of Lot #35. 8:20 p.m. Application for .......... weeks THEODORE AND MEL METALIOS, by Irving L .................. Price, Jr., Esq., 528 Front Street, Greenpert, NY for a Variance to the Zon/ng Ordinance, Article III, Sec- ................ tion 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Read, East Marion, NY; County Tax Map Parcel ID No. 1000-023.01-012.2. 8:20 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article III, Section 10~-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07- 028. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1,19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By IAnda Kowalski, Secretary ITI~I~ being duly Sworn. of the SUFFOLK Greenport. in said nex~l is a printed NEW YORK STATE DEPARTMENT OF ENVIRO.~P~,I, zAI) ~ONSERVA~,~D ~ :~=s,,,,~at~f .... Building 40, S~--Room 2i9 ~ ) C ~?' ta Stony Brook, ~' 11794 ~ (~O?iiTizcl for Z~A file Novcmb~ ~ (516) 751-7900 u~ ...... ~ or Reply Requested 1982 _ ?own ol SouEolfl RE: Permit No. Your recent request to modify the above permit has b,~en reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore. the permit is amended to authorize: '~} '~ -Yi ~"',: t~ } ~.t w,gt~l,']s '~]' lq ' ~' ' ~',~t ~.'~ ~ n ,',~qp,r ~VS~' This letter is an amendment to the original permit and as such, shall be posted at the Job site. All other terms and conditions remain as written in the original permit. Very trrly youl's, Danie~i J~ Larktn Regional Permit Administrator DJL:cz Board ot Ap~oais ~ Tov~n of Soulhold Southold Town Board of Appeals == APPEALS BOARD MEMBERS GERARD P, GO£HRINGER, CHAIRMAN CHARLES GBIGONIS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 23, 1982 Hr. and Hrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 Application for a Variance New Location for Proposed Dwelling Dear Mr. and Mrs. Occhiogrosso: Late yesterday afternoon we were again informed by Mr. Dennis W. Col~ Environmental Analyst of the D.E.C. in Stony Brook, that your proposed new location of this dwelling at 13 feet from Corey Creek Lane (on the east) will require an amended application and amended approval from their agency. The Board of Appeals has again reviewed all documents that you have submitted for the variance application and it is their opinion that the appropriate amended D]E.C. permit has not been received. It is imperative that this amended permit for this new location be filed with our office prior to scheduling this matter for a public hearing. It is our understanding that Mr. Cole was to contact you by telephone yesterday and perhaps this amended D.E.C. permit can be received soon. Please keep us advised~ and in the event our office receives the amended permit for this new location prior to November 3rd, the deadline for the next Regular Meeting, we can place this matter on the November agenda. lk Yours very true, , JGERARD P. GOEHRINGER CHAIRMAN Southold Town Board of'Appeals MAIN I~OAD- C~TATE ROAD 25 SDUTHOLD, L.I. N.Y. 11~71 TELEPHONE (516) 765 1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWiCKI October 19, 1982 Mrs. Jacqueline Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 Application for a Variance Dear Mrs. Occhiogrosso: Receipt is acknowledged of your letter dated October 18, 1982 regarding your recent variance application. Also, at our next meeting the board will consider schedul- ing your application for a public hearing; however, it is not necessary for you to be present until the date of the public hearing. In the interim, please forward a copy of the DEC permit which you refer to in your letter requiring you to relocate the new dwelling and a copy of the DEC map. We do have a copy of the map approved by the Health Department which you have provided for our files. We are sorry if there has been an inconvenience, but be assured that we are only trying to determine our file complete with copies of all other agency approvals. Apparently, the DEC does not have the same plan in their file as you are proposing in your variance application; and without being sure that both approvals coincide, there may be a delay that we are trying to prevent for all involved. Please send us the information mentioned above in order that we may complete our file and expedite the processing. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN GERARD P GOEHRINGER. CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN, JR ROBERT J DOUGLASS JOSEPH H SAWtCKi Southold Town Board of Appeals MAIN ROAD- r::TATE: ROAD 25 SrlUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 October 4, 1982 Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 Dear Mr. and Mrs. Occhiogrosso: Regarding your most recently-filed appeal for a variance to construct new dwelling with insufficient front, side and rear yard setbacks, it has been noted in the application the reasoning you give for this "amended" location would be due to noncompliance with D.E.C. and Health Department approvals. In researching the history of this parcel, we find that prior variance applications have been filed, and on October 11, 1979 a variance was granted under Appeal No. 2610 for a very similar location to that which you are now applying for.--It is also noted that in 1979, the D.E.C. permit (No. TW15276-0186A) and Town Wetlands Permit (No. 27) have allowed the construction of a single-family residence. We are enclosing copies of the 1979 approvals for the construction of a single-family residence on the parcel in question. At your convenience would you please notify us as to why there are changes from the previous permits, and if you wish to proceed with this new application, it is requested that these amendments be filed with the D.E.C. and Health Departments and approved by their agency prior to scheduling the variance for public hearing. Yours very truly, lk GERARD P. GOEHRINGER Enclosures CHAIRMAN New York State Depadment of Environmental Conservation Regulatory Affairs Bldg. 40 SUNY Stony Brook, NY 11794 751-7900 ~ September 21, 1982 Southold Town Board of Appeals Main Rd State Rd. 25 Southold, NY 11971 Robert F. Flacke Commissioner ]'om of $ouL,' olti Re: 10-82-0326, Thomas and Jacqueline Occhiogrosso Dear Ms. Kowalski: I am enclosing copies of the plans that were approved by this office for the permit mentioned above. (Please notice the linear sanitary system and the retaining wall at the base of the fill which is sloped on a 1:3 grade). The plan your office forwarded has the home approximately 40' from ordinary high water mark and appears to be "tilted" in a east-west direction. As I mentioned in our telephone conversation, this Department has no objection to the residence being located closer to the road and in fact, we encourage it in this case, as it would move the residence and retaining wall back away from the wetlands located in the central portion of the lot. N~turally~ the home should remain 45' north of the mm~n h~h water mark. Please inform this office on what your final approval consists of so that both permits are identical and, therefore consistent. Sincerely yours, Dennis W. Cole Environmental Analyst DWC:dr Enc. 3-3 ! Board ol Appeals Tnwn ol South. old GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 September 13, 1982 Mr. Dennis W. Cole Environmental Analyst N.Y.S. Dept. of Environmental Building 40, SUNY - Room 219 Stony Brook, NY 11794 Conservation Re: Your Permit Nos. 10-82-0326 and TW 15276-0186A Applications of Thomas Occiogrosso Z.B.A. Appeal Nos. 3031 and 2610 Dear Mr. Cole: Continuing on our telephone conversation today with Dave DeRidder, we are enclosing a copy of the project proposed with this board in order that you may compare same with your records to be sure that both plans correspond. As you know, during 1979 the applicants received a D.E.C. permit to construct a new dwelling under TW #15276--0186A and the applicants also received a variance from this board to con- struct a new dwelling as required by the 1979 D.E.C. permit (35' off Corey Creek Lane East and 123' off Corey Creek Lane North). The most recent D.E.C. permit #10-82-0326 locates the home five feet from the most landward edge of tidal wetlands. The plan submitted for an amended variance to our board locates the house 13' from Corey Creek Lane East and 144' off the northerly side of Corey Creek Lane, 45 feet more or less from the ordinary high water mark. Any information you can give concerning this new location will be most helpful. Thank you for your assistance. Yours very truly, Enclosures GEP~ARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary N~ YORK STATE DEPARTMENT OF ENVIRONmeNTAL CONSERVATION Building 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 August }1, 1982 AMENDMBNT TO PERMIT RE: Permit No. Errqr ~ 2~t~y System Location Thoma~ and Jac~ueline ~? 7%nderbilt Blvd. O~kdale, ~!.Y. 11769 Occhio~rosso Dear Mr. Occhlo~rosso: Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: Construction of the sanitary system a minimum of !00 feet from t~dal wetlands with ~ tlne~r arrangement along the, east orooerty line. This letter is an amendment to the original permit and as such, shall be posted at the Job site. All other term, and conditions remain as written in the original permit. Very truly yours, Daniel J. Larkin Regional Permit Administrator D,TT,t az ENVIRONMENTAL PERMIT ' PERMIT NO. 10-82-0326 UNDER t,E ENwRONMenTAL cONsERvaTIOn LAw ARTICLE 15, (Protection of Water) [] ARTICLE 25, (Tidal Wellands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 35, (Construction in Flood Hazard Areas) PER~aiT ISSUED T3 Thomas and Jacqueline Occhiogrosso ADDRESS OF PERqlTTEE 77 Vanderbilt Boulevard, Oakdale, NY 11769 ~,tlON OF P" !ECY(Section ot stream, tidal wetland, dam, building) Corey Creek on the southwest corner of Corey Creek Lane fronting Corey Creek SCTM 1000-078-04-1 DE$CR1PTIONG, :OJECI Construct a one family dwelling and associated sanitary system. Home is to be located 5 feet from the most landward edge of tidal wetlands and the sanitary system a minimum of 100 feet from said wetlands with a linear arrangement along west property line. COMMUNITY NAME (City, Town, Village) TOWN Southold Southo id ~;o~k~k FIA COMMUNITY NO. DA,S4 NO. GENERAL CONDITIONS 1. The permiltee shall file in the office of the appropriate Regionat Permit Administrator, a notice of intention to commence work at least 48 hours in advance of /he time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order thr, work suspended if the public interest so requires. 3. As a condition of the ;ssuance ot this permit, the applicant has ac- cepted expressly, by the execution of the application, the tull legal respon- sibJlily for all dar~ages, direct or indirect, of whate';,er nature, and by whom- ever suffered, arising out of the proiect described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descripUon resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving ~arge refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawi~g hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or huIkheads, such as will prevent escape of the material into the waterway. 6. There shall he no unreasonable interference with navigation by the work herein authorized, 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation ot said waters or flood flows or endanger the health, safety or welfare of the people of the State, or Koss or'destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shatl not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove ail or any portion of the uncompleted structure or fill and restore ~o its former condition the navigable and flood capacity of the watercourse, No claim shall be made against the State of New York on account of any such removat or alteration. 95-20-4 (9/75) (gee REVERSE SIDE) 8. That the State of New Ymk shall in no case be liable for any damage of injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard sball be installed and maintained by and at the expense of the owner, 10. All work carried out under this permit shall be performed in accor- dance with establ[sbed engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, Ihe applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of EnvironmentalConservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. NO claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicanl any right to trespass upon lhe lands or interfere with the riparian rights of olhers to perform the permilted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements ot Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - guitding Permits) and in no way signifies that the project will be free from flooding. 19. By acceptance of this permit the perodttee agrees that the permit is contingent upon slrict compliance with the special conditions on the reverse side. SPECIAL CONDITIONS 16. Backfill with approximately 200 cubic yards of clean upland fill to be trucked in. 17. The home is to be placed on the previously filled area with all additional fill limited to the immediate vicinity of the home. The fill is to be graded on a 1' vertical to 3' horizontal slope contained by a 1' high retaining wall along the wetland edge and shall be stabilized vegetatively within two weeks of final grading. Ail construction and activities are to be confined to the previously disturbed area only. 18. There is to be no disturbance to the existing tidal wetland vegetation or topography outside the home area. SEE ATTACHED ADDITIONAL CONDITIONS PERMIT ADMINISTRATOR ' A PERMIT iSSUE DATE J , I DDRESS NYS De-t. of Env. Conservation July 15, 1982 ~aneil J. _Larkin~. ~J~O~/~*~l I ~ Bldg. 40, SUN , Stony Brook, NY 11794 cc: NYSDEC Law Enforcement - Region~.{'~ , C~rey Creek Civic Association, D. Alfano, President USACE ~W YORK STATE DEPARTMENT OF E.;VL.ONMENT~L CONSERVATION Building 40, State University of New York Stony Brook, New York 11794 516-751-7900 July 15, 1982 Mr. and Mrs. Thomas 0cchiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: 10-82-0326 Dear Mr. and Mrs. Occhiogrosso: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRR Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any condi- tions, please contact the Regional Regulatory Affairs Office, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York 11794. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very truly .yours, ~ Daniel J.~,~Zarkin Regional~ermit Administrator DJL: 11 Encls, OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLI) Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 ~,516) 765-/80/ September 3, 1982 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3031 application of Thomas and Jacqueline Occhiogrossio 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 of property. Judith T. T;rryi~'' Southold Town Clerk FECIIYED TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...zz:.. ]/a'.:.,,~.~.;~,~... :~ .~.>f.~., ' .......................... Name of Appellant Street and Number ..... ~....~../~?X.¢7. ........ /..~.r~ ........................... /ff,,~,~ ................... .~. .. /./. .,. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL'CAT,ON FOR PBRM,T No .................................... DATED ...~.~G....~..Z.:../..?.E.~ ...... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ....................~ ;";:,~:~,~.a,,,~:.' ,. ..................... -,,~. c;"~7.z.~:~ ~,z~ .................. ~ : ~.../..-....../,- ~'~.,e .... Street and Number Municipality State PERMIT TO USE ( ) ( ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ...... ~,Zt~/...d;Z~:~f/.,L..?../Z~.~: ................................................ /Street Use District on Zoning Mop ...~t: ............ .~.-~.t..(..~.~....~:./~/~.....~ 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.) 3 TYPE OF APPEAL Appeal is made herewith for (¥) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons Laws Art 16 Sec 280ASubsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that Form ZB1 REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance / / (Continue 0n other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vic,nfl,, of this property and in thfs use district because 3 Z~:r v'c:r~cw~ce wr~uld 3bserve the spirit of the Ordinance and WOULD NOT CHANGE THE C! IAi,?,CZER OF THE DISTRICT because COLiNTY Or~).~J..~ ) Signature ~,~m t- this ................... dav of ............. 19 Notary ~ublic ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the lown of Southold TO: /~,~/£ 7L-/~- ~/~S NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th..B.t.-iz-i~.~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~((Var',ance~'(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district;t ,, / _ 4. That by such Petition, the undersi~9.e)d will request the following relief: (~hat the of the Southold Town ZoningCode to the relief the under- provisions sought by ~on 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 may then and there examine the same during regular office hours. (5'16) 7~5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 268 340 194 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the ~'.~'-da~/ of ~...~J ~ ,19 '~'~'~' _, deponent mailed a true copy of the Notice set forth on the re- verse ~ide'"her~o~, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; (certified) (z,m~slms~d) mail. Sworn to.fore me~L~is . day of ~, 19 ~ Notary Publi~-./~~--'-~ that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by WlU. lkM i4~ PRICE. JR ,~iOTARY PUBLIC. State of New Yod~ Suffolk County No. 46d14944 Term £xp~es Mafcl~ 30 1983 (Today's Date) To: Seutho!d Town Board of Appeals Plain Road So~ ~nolo, NY 11971 Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i8 the within appeal apelication: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the · ~ w~e_ ly_~g edge of this property is a bu==n~ad in very good condition and at least 100 feet in length.* [ ] N~v.~ b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this proparny is a bulkhead in need of (minor) (major) re~airs, and ae~roximate!y feet in length. ~_~hzn 300 feet of tidal wetlands; May be located '~ ' however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] S in c 9~a 1 y yours, ~ig~ature plea~ .7 J~TRUC, ~ (o] ]n order to answer the questions gn th±s short EAF it is assumed thoL the preparer ¥~$~ use. currently available ~nformo¢$on concerning project and thc likely impocls of ~he action. I~ is noi expected oddi%ioncl studies, research or o%her investigations will be underiaken. (b) If on7 question has bee~ ons~ercd Yes the project may be ~zgnz~zcon~ ~nd o comp!eled Environmen%ol Assessmenl ~orm is necessary. (c) If ol! questions h~ve been answered Ho il is likely ~h~l this projccl is hal (d) 5n'/ironmen~al Assessmeni · '" ~. h'iil project resuiL in o targa physico! change '' to the project s~e 6r physice!lz ol~e~ ~ore ~non 10 acres at l~r~e Yes.' o 2. ¥/ill lhere bco major change 1o cny unique or / . -unusuo! land form found on the si~ ~e ........... Yes 3. Will pzojac¢ oller or hove ~ lorge eFFecl on existing body cfi walez? ....................... Yes 4. Will pro3ect hove a potentially large impocl . on ground',','aier quality? ........................ Yes 5. Will project significontly ~= ~ dzo~neg " Yes, N fZow on ~o3ocenL sites? ..................... ~.. 6. Wilt prosect of Feet any threotened or endangered ploni az onimol species? ........... Yes 7. Will projcc¢ ~esult in ~o mojoz adverse e{Feki . on air quelily? ............ Yes g. ~'/iZi p~ojecl have ~ mojo~ efifiecl on visuo% caozoc~er o{ the communily or scenic views or / vistas known to be importont to the community?_ 'Yes,~ 9. ¥/i~ project adverse%y i~poct en>, site . structure of hisioric~ prehisloric or paleontological imporlonce or on? site deni~noted os ~ criticci environmenl~l eros b>' o local agency? ............ ,.:.....-~..~.-.-.~.-~..~- Yes~No 10. ¥/i!! project have o msjor effect on existing or future recreational opp~r~ '~'~s~ 11. Will project result in .sojor treffic problems '' or cause o major effect ia ex,lsting 12. ¥Iill project .regulorly cause objectionable o~ozs, halsa, glere~ vi~rotion~ or e!ectric~! disturbance es a result of the project's opcrolion? .--% ; Yes '~ No 13. Will proje~t ~ovc any impact on public heelth or.celery? .................................... 15. _ Yes, x/'No pPoject ~,rfect the existing community by.-- ' directly causing o growth in permanent population of more than 5 perceot over a one year period or have a m~jor negative effect on tho character of the community or neigliborhood? ................................. Is there public controversy concerning the projecte c s__Xj_N o ' '~',~r, S SIC, bLT . REPP. ESEHT I NC DATE