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Home My WebLink About3088 Southold Town Board of Appeals MAIN I~OAD- STATE I~rlAD 25 SOUTHOLD. L.I.. N,Y. 11¢J'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3088 Application Qated February 15, TO: Mr. and Mrs. John DiVello Drawer 1402 Westphalia Road Mattituck, NY 11952 1983 (Public Hearing held 3/23/83) [Appellant (s)] At a Meeting of the above on your [ the Zoning Board of Appeals held on March 23, 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 Request for Variance to the Zoning Ordinance Article VIII, Section 100-80A Request for The public hearing on this matter was also held on March 23, 1983. Upon application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct one-family dwelling in this "C-Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02- 032. The board made the following findings and determination: By this appeal, applicants seek permission to utilize the east end of the subject premises for one-family residential use and to con- struct a one-family modular home. The premises in question is vacant land, containing 1.426 acres, and is zoned "C-Light Industrial." Abut- ting the premises on the north are the Long Island Railroad and several homes in the A-Residential District. Abutting the premises on the east are Mary's Avenue (Road) and an A-Residential Zone. In considering this appeal, the board determines that the use applied for will not alter the essehtial character of the neighborhood; that the use will not preven~ the orderly and reasonable use of adja- cent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent- use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance, as noted below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3088, application of JOHN AND FRANCES DiVELLO for permission to construct modular home and use same as a one-family residence, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOW- ING CONDITION: That only 40,000 square feet shall be applied for residential use (around house). (CONTINUED ON PAGE TWO) DATED: March 29, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2- Appeal No, 3088 . . Matter of JOHN AND FRANCES DiVELLO Decision Rendere~ March 23, 1983 Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), MattituCk, NY; County Tax Map Parcel ID No. 1000-140-02-032. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY T}iE SOUTHOLD ~ · O w ~ CLERK DATE~/~ ~/~ APPROVED -'~airman Board o~ g~oa~i Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 27~ of~the Tow~ 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 on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane~ East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 ~f Minor Subdivision of christine King, Map No. 117, with an adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving &n insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side Of Ole Jule Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. plication of JOHN AND FRANCES DiVELLO, Drawer 1402, ~ Westphalia Road, MattituCk, NY for a Variance to the ZOning Ordinance, jArticle IV Ii, Section 100-80A for permission to construct one-family dwelling in thi~ "C-Light. Industrial" Zone._ Location of Property: 605 Mary's Road (a/k/a 309 Hill Street), MattituCk, NY; County Tax Map P~r~l~011~ii~0~03~ WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for permission to construCt screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID No. :1000-31-!7~002. Page 2 - Board of Zoning Appeals Legal NOtice of Hearings Meeting to be Held 3/23/83 7:50 p.m. Application of CHESTER M. MAYER, 2265 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to erect fence exceeding the maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-3I, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxi- mum allowable lot coverage at 910 Old Shipyard Lane, Sou~hold, NY; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-04-0022. 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire Premises: C.R. 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, ~y Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; county Tax Map Parcel ID No. 1000- 59-6-21. 8:10 p.m. Application of FRANK AND BRENDA CICHANOWICZ, Lupin Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning ordinance, Article III, Sections 100-32 ~and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97- 9-15 and 16. 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID N~. 1000-78-4-41.2. 8:25 p.m. Application for PORT OF EGYPT ENTERPRISES, INC., Page 3 Board of Zoning Appeals Legal Notice of Hearings Meeting to be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient ~rontyard setback and to use p~oposed addition for retail sales in this'"C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the Secret&fy at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to Newspapers: Please publish once, ~o wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1S83. Legal Notice of He~ ~,ngs for March 23, 1983 i Copies to the follow~ing on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY-11743 Mr. and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 Mr. and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 Ann Wyden and Peggy He!ler, One Harris Court, Great Neck, NY 11021 Ann Wyden and Peggy Heller, 2015 Bay Avenue, East Marion, NY 11939 Mr. Walter Gaipa (builder), Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq.~ a~rorney for Chester M. Mayer Abigail A. Wickham, Esq., attorney for Ernest H. Prussner Mr. Gerry L. Horton, (builder) for North Fork Baptist Church New Suffolk, NY 11956 North Fork Baptist Church, C.R. 48, Mattituck, NY 11952 Mr. and Mrs. George Penny IV, Soundview Ave (~9305), Southold 11971 Skinny Dip Pools, Inc., Box 108, Mattituck, NY 11952 (Hand given Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogne 11935 Rudolph H. Bruer, Esq., attorney for Mrs. Ann O'Sullivan Mr. George A. Cottral (builder), for Port of Egypt Enterprises Greenport, NY 11944 Port of Egypt Enterprises, Inc., Main Road, Southold, NY 11971 Mr. Scott Thomas, 138 Sterling Avenue, Greenport, NY 11944 3/14) L.I. Travler-Watct~man (personal delivery) Suffolk Times, Inc. (personal delivery) Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTI-IOLD, N.Y. NOTICE OF DISAPPROVAL ~/~,~z~,-~ ..... /.L/.~..~,. ' ·../-d..~.,.7.,. ?.~..~ ~. PLEASE TAKE NOTICE that ¥our~l>pIlcation aarea ......................... , .. '.,. for permit to construct.:..O.&r~¢:.....~..~.~ ~c2.... ~e-d~//Z./.t~..~ ..................... at Location of Property'/t~.u~.s~.~o.~ County T~ Map No. 1000 Section .. ~ ...... Block . ~.~ ....... ~t .~ ~ ..... Subdivision ..... ~ ........ Filed Map No ................. Lot No ....... .-7 .......... is returned herewith and disapproved on the following grounds . .~.~.~/.~.~.. ..e...~ .~.~;.~.-....&~ .~.~ .~.. ~..~...'~..~.~. (~...~ ~/~ ~.. ..~ ~ .... '.~ (.~.~.~~~.. ~:~... ~ ~..~ .... ./~~ ....... d~T~ ~ ~d. ..... ~ . . ~ ~ ~ ~.., . ,~ .. ..... B~ldMg Inspector RV 1180 Examined ................. 19... FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 785-1803 Application No ............... Approved ................. 19... Permit No ............ Disapproved a/c ....... '. ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date -/~-/~ I9 INSTRUCTIONS a. This application must be completely filled iu"by typewriter or in ink and submitted in triplicate to the Bulk' Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according tc schedule. b. Plot plan showia_.g location of lot and of buildings on premises, relationship to adjoining premises or public str~ or area<, and giving a detmled description of layout of property must be drawn on the diag-ram which is part of this'ap cation c. The work covered by this application may nor be commenced before issuance of Building Permit. d. Upon apprc;'al of this application, it~e Buik!ing Inspector will issue a Building Permit to the applicant. Such per shall be kept on the premises available for inspection throughout the work. e. No buildiag sbali be occnpied or used in whole or in part for any purpose whatever until a Certificate of Occupa: shall have been granted by the Building Inspector. APPLICATION IS tIEREBY MADE to the Building Department for the issuance eta Building Permit pursuant to BuiI~/ng Zone Ordiuance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordiuanee: Reg~llations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein desofik The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, mac admit authorized inspectors on premises and in buildings for necessarf inspections. ........ .._~(Sign'Smre of applicant, or name, if a corporation) (Mailiug address ofappiicant) I State whether applicant is owner, lessee, agent, architect engineer, general contractor, electrician, plumber or built Nam~ of owner of premises ~J~'"~/'~ ~z. ,/-/'~,~/~-~.S ~' ~ (as on the tax roil or latest deed'l I aptgJmant ~s a corporation, signature of duts, authorized officer. (Name and title of corporate officer) No. ............ lectrician's License No ....................... · 2. Sta' ttber Trad'a's License No ...................... L atibn of land on which proposed work will be done. ................ co n~y T~ mp No. mOO S~tio.... !. ~ ......... e~o=k .... ivision .......... Filed Map No. ~ ~ Lot ...... (Name) existing use and occupancy of premises and intended use and occupancy of proposed construction: use and occupancy ... ~ ~ ~1 ~ .... ~.~ ..... upancy - ~ -O '~.: :- . ':' --:.~...-' Nature of work (check whict, applicable): New Building ....... Add.!i~9_.n_LLL.- ...... teraao. ¢ Repalr .... 77.. Removal ..... ~._,.., Demoht~on .............. Otk~r ~ork ...... Estimated Cost 6~7, a~~ Fee ..................................... (to be paid on filing tiffs application) ,~ n ~ . ...... Nnmber of dwelling units on each floor ............. If dwdting, number of dx~ d ,no units ....... / If garage, number of cars ..... ~ ................................................................. If business, commercial or mixed occupancy, speedy ~a:ure a~:d extent of each type of use ~.. Dimensions of existing sm~cturcs, if any: Front .... ~...~ ..... Rear . .~-. ........ Depth .............. Height ............... Number of Stories .~ ~ ............................ Dimensions ef same structure with alterations or additions: Front .............. Rear ....~.. · .~ D. ~,~, -- ~ 1~ ~ ,~ . . ~ Number of Sror!es ........... ., ......... Dm~uns~ons oI ~nt~ru new construction. Front . ,~ .... R~ar . .~ ...... P Hci,'ht Number of StoNes ........................................ g .............. ................ ~ - - De th /M ' Sizeoflot: Front ../~ ............... ~ear ...................... P . "~ '''~ ...... ~:5 .... Date o'fPurcbase ... A~ ................ :.. Name of Fom~er Owner .~. L~c~M~// ..... Zone or use dist~ct in which Cremises are situated. Z~'~. ~~ .............................. Does proposed conslruction violate any zoning law, ordinance or regula:ion: ............................... WilJ lot be resraded ............................ Will excess fill be removed from premises: Yes Name of Owner of premises . .ff~d~ ..... ' .....Address ... ~ ~ ........ Phone No ............... Na n~ of Architect ........................... Address ...... Phone No ....... Name of Contractor~..~q'~. ~f¢~A.~ddress ~i'~' ~, ~... Phone No. PLOT D~AG R~M kocate clearly and distinctly all bnH~ings, whether ex~sting or proposed, and, h~dicare M1 set-back dLmsns[ons fron .er.j ~ncs. Give srre*t and block number or descfiF tion according to deed. and show street names and mmcate ,tehor or corner lot. being duly sworn, deposes and says that he is the ,'tppliear e is the ................. ~ ......................................................... (Contractor. agent, corporate officer, etc.) f said owner or owners, and is duly author/zed to per£orm or have performed the said work and to make ant3 file th .>plication; that all statements conraiaed in this application am true ro the bce/of his knowledge and belief; and that t~ 'ork will be performed in the manner set forth h~ the application filed therewith. worn to before me this ~.~C[fV~ TOWN OF SOUTHOLD, NEW YORK FEB 1 ~'IYEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Nome of Appellant Street and Number .................. ~..~...~.~.~..~.(~. ............................................. ,.~....',~.. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ,.~..~.,c....../~.?../._./..?....~../. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ....... ....... ......... ............. ................ State Street and Ndmber Municipality ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~R.~S..flLCG~...~ ....... ~]~.~Z~[~S ....... ~.]~: ....................... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (~')/ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 ~ PREVIOUS APPEAL A ~revious appeal (has)(,(hos~_~) been mode with respect to this decision of the Buildmg Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance aha was made n Appeal No .............................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR ARPEAL Continued STRICT APPLICATION OF THE ORDINANCE would proauce practicdJ difficulties or unneces- sar,, HARDSHIP because 2 The hardsh D creoted's UNIQUE and is not shored ay all properties alike in the immediate vicinity of this property and in this use district because 3 The Vonance ,*ould oaserve the spirit of the Ordinance aha WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~%~//,¢~/(/~-~ /¢.¢~: /(~2.~'//)~2/¢7- ~_¢~'tCg-ciA: ¢2 & COUNTY O ) Signature Sworn re this i~.'~.. ............................................ day Notarv Public ~mL~sion Ex~'.res t~arch 30, COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING 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 Allen Ovsianik John & Frances DiVello George & Sybil Penny Roger L. Munz & Victor Catalano Roger L. Munz & Victor Catalano Charles & Sylvia DeLuca 3049 3088 3095 3100 3101 3105 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RI'lAD- STATE RnAD 25 SnUTHOLD, L.I., N.Y. 11c:J'71 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 VIII, Section I00-80A Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3088 Location of Affected Land: County Tax Map Item No.: Within 500 xx 605 Mmry's Ro~d, 1000-I40-02-032 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area Applicant: JOHN AND FRANCES DiVELLO M~ttituck Thruway State or Federally- State or Federal Park Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant Within One Mile of An A~rpor£. COMMENTS: Applicant i~x~~permission to dwelling in this "C-Light Industrial" Zone. construct one-f~mil¥ Copies of Town file and related documents enclosed herewith for your review. Dated: July ]~/, I983 Temp. Se d of Appeals $outhold MAIN ROAD- STATE APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Town Board of Appeals ROAD 2S SOUTHOLD, L.I.. N.Y. 11971 TFI FPHONE 1516) 765-1809 March 29, 1983 Mr. and Mrs. John DiVello Drawer 1402 Westphalia Road Mattituck, NY 11952 Re: Appeal No. 3088 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 SURVEY FOR fiLK COUNTY DEPARTMENT OF HEALTH SERVtC~ ~J~'~JV £/V£1_LO 8 FOR APPROVAL OF CONSTRUCTION ONLY AT ~N ~ SOUTHO~ DATE HS R~. ~. SUFF~ CO~TY, NEW N~U~IZEO ALTE~TI'~ O~ ~OITION APPROVED SURVEY HEAL~ OE~RTMEHT*OATA ~ A~R~ ~ C~STRUCT ENGINEER ~ ~ HOWARD W. YOUNG, ~NO SURVEYOR ~ ~ ~T~ ~ ~C(W), ~C TA~iS~a CE~S(~) ~ ~E~ ~ ~ ~ N.~ S. LICENSE NO.45893 ~E ~ FIE~ ~Tl~S ~ OR DATA OBT~ F~I OTHERS 27 Anoatok Drivl NY 11743 for a V. Flood Plain Law, Chapter for permission t below the minimum-requi for placement utilities and equ A-7 Flood Zone Property: 1010 East Marion, i Point Filed Ma, Lot 60; Court{ CESSPOq SERVICE , c. DAYSMAN MORRIS, Pres, "31 Ynsrs of Prompt & Dependable Service" 2760 YENNECOTT DRIVE $OUTHOLD. L.I., N.Y. 11971 765-$$00 Parcel ID No. 1,0 ContraCtors 7:35 p.m. A ' JOHN ANi KOWALSKI, I TWIN FORK Avenue, Greenl] Variance to N .......... Ordinance, Arti, rEVER PAINTAGAIN RT.4~, MATt/TUCK,N.y. Aluminum & Vinyl Siding,. Trim, Roofing, Leaders and Gutters. Remodeling, Home Improvements, Blown Insulation. ~E~ ~TIMA TE$. 100-31 for a ( Occupancy of Minor Subdivtsi King, Map No adjustment of 1, Lots 3 and insufficient ro~ Lot No. 3 an insufficient from the existi Lot No. 4. contains an a one acre. ADDITIONS (Sl$ Property: WE RENOVATIONS Jule Lane MROOFING765-312 County Tax i~ NO. 1000-114-12- BOB 7:40 p.m. JOHN AN[ DiVELLO, ] STATE OF NEW YORK ) ) SS 3OUNTY OF SUFFOLX ) ~..a....r_?..~....~_?...a....n.......R..~...?...k....o. .................... .~..... of Greenport, in said County, says}/~/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, pubIished at Greenpert, in the Town of Southold, County of Sutfoik, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week week(s) successively, commencing the....1...7..~.~ day March 19 ............... 83~ ~//~~ , ~ ' Sworn to before me this..,.l..7..~ .......................... day of....~..c-.~ ............................. ' 19.__.~. ............... : .......... , ......... ...... NOTARy PUBLIC, State pt New York No. 4707878. Suffolk County~ Term ixmres March 3~, 19~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section j 276 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 Sootheld Town~ Board of Appeals on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m:' and as follows: 7:30 p.m.. Application of JAMES AND DORIS IDLER, 27 Anoatek Drive, Huntington, NY 11743 for a Variance to the Ordinance, Article III, Section Flood Plain Management : ~:100-35Aforpermissiontoecect Law, Chapter 46, Section 46-7 ~Ience exceeding the for permission to utilize area~. ;~'maximum height requirement below the .eight-foot :~[0f four feet within the minimum-required elevation ~.frontyard area at 2265 King for placement of electrical i?Street, Orient, NY; County utilitie~ and equipment in this ;~ Tax Map Parcel ID No. 1000- A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map ; Parcel ID No. 1000-035.05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenpert, NY for a Variance to the Zoning Ordinance, Artiele III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117, with an.,. adjustment of lot 1/ne betweefi 5ors 3 -and 4, leaving insufficient road frontage for Lot No. 3 and leaving an insufficient sideyard setback from the existing dwelling on a;~: 7:50 p.m. Application of Drive and 4135 Skunk Lane, ~CHESTER M. MAYER, 2265 Cutchogue NY Hickory ~King Street, Orient,NY for i Acres Map 3325, Subd. Lots 1 · .~;Variance to the Zoning · and2; CountyTaxMapParcel ID Nos. 1000-97-9-15 and 16. , 8:15 p,m. Reh,e, aring in the matter of ANN O SULLIVAN, by Rudolph H. Bruer, Esq., ~&ain Road, Southold, NY for a L~'Variance for approval of '.. access pursuant to New York Town Law, Section 280A. 'L 016-~-043.2. ~; ' ~,~ · . Location of Parcel in ~: 7:55 p.m. Application of Question: 569'2 Main Bayview ERNEST H. PRUS~NER, 910 :;. Road, Southold, NY; County 'Old Shipyard Lane, Southeld, r:, Tax Map Parcel ID No; 1000- NY for a Variance to the ~-4.41.2. ~-f:~ '.'~ ~ ~. Zoning Ordinance Article III ., 8:25 p.m. Application for Section 100-31, Bulk Schedul~.~'~ PORT OF EGYPT ENTER- .for permission to construct PRISES, .INC., 62500 Main extension .reducing the Road, SOuthold, NY (by rearyard setback~ and George A. Cottral) for a exceeding the ~0% maximum : Variance to the Zoning allowable lot coverage at 910 : Ordinance, Article VIII, Old Shipyard Lane, Soothold,. ~; Section 160-~0A for permission NY; Founders Estates Map ~to construct addition with an 8;14, Subd. Lot 91; County Tax ~ !~:insufficient frontyard setback Map Parcel ID No. 1000-064.04. :~and to use prope~ed ,,a, ddition 0022. ;~ ~,/~ for reteil nales in this C-Light g:00 p.m. Applin~tion of / ~Indnstrial" Zone. l,ooation of NORTH FORK BAPTIST ~'Proporty: 62500 Main Road, CHURCH, C.R. 48, Mattituck, <~ Southold, NY; County Tax NY (by Gerry L. HortOn) for a Map Pareal ID No. 1000-05~06- Variance to the ,Zoning ' 006. · ~::~, ~,~;:~v~:~ ~: ~ Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Pie Jule Lane Mattituck, NY; County Tax Map Parcel ID N 114- 2-013.3 Westphalia Road, Mattituck, ~'~7.'40 p~tion o1'~, NY; County Tax Map Parcel JOHN AND FRANCES ~ IDNo. 1000-!21-02-~I.1. , DiVELLO, Drawer 1402, .[ 0:05 p.m. Application for Westphalia Road, Mattituck, ] GEORGE AND 'SYBIL ~NY for a Variance to the/ PENNY, by Skinny Dip Pools Zoning Ordinance, Article ~. Inc., Box 108, Mattituck, NY VIII, Section 100-60A for~-~' for a Variance to the Zoning permission to construct one- [ Ordinance, Article III, Section family dwelling in this "C-~ 100-32 for permission to ~t Industrial" Zone. ~ - coustruct swimmingpoel and Location of Property: 605 [ fence in the front and side ~o_ad (a/l//a 3-05 Hill ~ yard areas at 9305 Soundview S_,tree. t),_ M.at. titu_ck, .NY_; I Avenue, Southold, NY; County _County Tax Map Parcel ID,/ Tax Map Parcel ID No. 1000- No. 1000-1~-{~-~q~ ~' ' 59-6-21. - /. "~:45 p.m. Application of 8:10 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID,, NO. 1000-31-17-~1~ Ordinance, Article IlL Section Any person Wishing to be 100-31 for approval iof lot heard concerning the above having insufficient area and matters should appear at the frontage along Westphalia times and place- above Road. Location of Entirel~ specified, or he may contact Premises: C.R. 48 and the Secretary at 765-1809 (or 1802). ~ '.A,: · . -.; Dated: Marchll 1983. ='h BY ORDER OF - THE SOUTHOLD TOWN BOARD OF APPEALS ~ GERAP, D P. GOEHRINGER ,~ - ' CHAIRMAN 1TM17-4192 ~ __ -FRANK AND BRENDA CICHANOWICZ, Lupin Drive,, and Skunk Lane, Cufchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpoo], detached garage, and fence .exceeding the maximum- ~erormitted four feel within the ~ as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, N.Y. 11743 for a Variance t~ the Flood Plain Managemeot Law, 'Chapter 46, ~ ~,6-7~ for permission'to ufll~e are~ below the eight-foot minimum.~ required elevation for place- ment .of electrical utilities and equipment in .this A-7 Plund~ Zone. Location of Property:' 1010 Maple Lane, East Mas- ion, N.Y.; Cleaves Point P'fled ?~Map 4650, Subd. LOt ,60; County Map ID · 7:35 p.m. Application JOHN AND LIHDA KOWAL- SK1, 404 Atlantic' Avenu~e, a ' lo the Zoning Ordinance, Ar, title, Hi, Section 100-31 for a Certifieatq of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117', with an adjustment of lot line between Lots 3 and 4, leaving..-~.~ insu~cient road frontage for Lot No. 3 .and leaving an insui~cient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane, Matti- tuck, N.Y,; County Tax Map Parcel ID No. '1000-114;12- · 013.3 and~ 4 ~ ~'-7:40 p.m. Application of~ JoHN ~ND FRANCES DJ. VELLO, Drawer 1402, West- phalia Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article VIII, Sec° tion 100-80A for permission to construct one-family dwelling in this "C-Light Industrial~ Zone. Location of Property: 605 MarT's Road (a/k/a 305 Hill Street), Mattituck, N.Y.; County Tax Map Parcel ID No. 1000-140-02-032. : /:'~ p.m. Application of AHN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, N.Y. 11021 for a Variance to the Zoning Ordin- ance, Article Hi, Section 100- 31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Mar- ion, N.Y.; County Tax Map Parcel ID No. 1000-31-17-002, 7:50 p.m. Application of CHESTER M. MAYER 2265 King Street, Orient, N.Y. for Variance to the Zoning Or- dinance, Article III, Section 100.35A for permission to erect fence exceeding the maximum height requirement of four feet within the front- yard area at 2265 King Street, Orient, N.Y.; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Section 100-31, Bulk Schedule, for permission to construct extension reducing the rear-. yard setback and exceeding the 20% maximum allowable~ - lot coverage at 910 Old Ship- .yard Lane, Southold, N.Y.; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No~ ..... and that the notice of which t~l~nnexed is a printed copy, has been published in said L~ Island Traveler-Watch- man once each week for .........................../. ............ weeks successively, commencing on the / '~ ~' doy .................... , Sworn to before me this ?~ ~ ................................ day of ............ ................. , CLEM E,'~I' J. THOMPSON NOTARY PUBLIC, ~te of Hew Y0rA '~, 52-9321725 JUDITH T. TERRY OFFICEOFTHE TOWN CLERK TOWN OF SOUTHOLD February 15, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3088 application of John & Frances DiVello 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. RECEIVED TOWN OF $OUTHOLD, NEW YORK FEB 1 5 APPEAL FROM DECISION OF BUILDING INSPECTOR Tow. Clerk Southold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ................... /~....~...~.~.~..~.~ ............................................. ../~....¢ ........... HEREBY 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 of Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~¢..)7..../¢..~-..,.~.~..: ....... .~.....~,.~/...~..~.~/.c. ....... ../~...:~: ....................... Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa~oph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (J/ 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 PREVIOUS APPEAL A previous appeal (has) (~as~) been made with 4. respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'orm ~,~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because ir) u 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because -7.-~,,(/~ /~'~ /~,.('lb~,~'T ~)l,o,~l.-ur,,U ~ ~ STATE OF NEW YORK ) ss COUNTY O Signature Sworn to this .................... ../../.~.'......-..~. ......... day of ......... JUD'T.t T. TER, ,~ Not:~ F'ubl & State of [law York No. 52-C344D53 Suf[o',k Coun~t~ Commission Expires March 30~ 19~/ 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 to request a (Variance) (Special Exception) (Special Permit) (the following relief: 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: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 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. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS For the record, Mr. DiVello's property by Town Roads and one side by the Long applicant's knowledge. is bordered on three sides Island Railroad to the John DiVello STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: , residing at , being duly sworn, deposes and says that on the __ day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public -- (0). In order t~, answer the questions in this short EAF it is assumed tha~ the prepo;-er ~.~}} use currently ovo~ob}e ~nfor~iat$on concerning the pro,ecl and the }~he~y ~mp~cts oF the action. ~t ~s not expected that additional stud~es, zeseozch o~ other ~nvest~got~ons ~'~ be undertaken. (b) If any question has been ons'.~ered Yes the p~o)ect may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been Gnswcred [~o if is likely fhof fhis project ~s not ~ gnzflcont Environmental /~ ..... ~ · ]. %'I~ pzoject resu~--in ~ large physical change ~o ihe projccL si~e or physically olfer more ~h~.in 10 acres o~ lal]c~9 .................... Yes 2. ¥/ill t}~cre bco major chanoe {o any unique 2~" -unusual land fo~m found on fhe site? .... Yes 3. ¥1ill pro3ecf alter or have a large ef~ecf on 'w exisfinG body of wafer? .................... .. Yes. , 4. ¥;ill pro3ecf hsvc o poicntiGlly lorDe impocf on ground%'taicr quality? Yes 5. ¥;ill pro3ec~ significantly cf feet drainage ~ · . flo~., on odjocenf sites? Yes No 6. ¥,'ill pro3ecf of f ecl ~ny lhreafcaed or endc, ngercd plonf or animal species? ..... Yes ~ No 7. ¥1ilt pro jeer rcsul~ in o major adverse effe~['" '' on air qualify? Yes 8. ¥;ill prnjecf hc]ve o major elf cci on visual chc~racfer off the co[.]munily or scenic views or vis'fas known ¢o:bc: imporlonf ~o fbe communify?. Yes ~Jqo ~. YJill projecf adversely impac[ any site or .. sirucfure of hisioric, prehistoric or paleontological importance or any sife designc, tcd 05 o cri[icc~] environmental ~reo by o local agency? ............ -.=...v~-.v....~..~..~- Yes 10. ¥/ill project h~,ve e major effect on or fu[urc rccreofiono] opporiunifies? ......... Yes 11. ¥1ill proj(:ct result in .major froffi'c problems ' ' or. cou~e o major elf cci fo tronsportof~on systems? Yes ~No 12. ¥;ill projecf reDulorly cause objecfioneble odors, noise, glare, vibration, or elccfricol disturbance o5 o result of ihe projecf'5 Yes opcrotlor,?.. ' . . or .safety? .................................... Yes V/No 14. ¥;ill project affect the exls~ing community by directly cousin9 o Dro%'rth in permcncnt population of more ti%on 5 pcrcc{]f over o one year period or hove o major neoolive on the chorocier of the community 0r 'gl b } d? Y 15. Is there public controversy concerning the cs' /N projecf? ...................................... Y o (Today's Date) To: Re: Southold Town :.lain Road Southo!d, NY Board of Appeals 11971 Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, PaLt 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check 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 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 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 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.] Sincerely yours, ~_/~Signature please) Box 812 11952 Southold Main Rd. Southold, Town Zoning Board of Appeals NY 11971 Gentlemen: Please be advised that the following parcel, house, farm was sold by the office that I am connected with, however, ~wX~r~z~~~X I therefore, do not have any interest in this application. gPg Very truly yours, '"Gerard P. Goehri~ger