Loading...
HomeMy WebLinkAbout27772850. ~edar Beac~ Rd., So~thold 2/]12/8I CAL~0~6t a~h~ garage W/~~suf~' ~Oht yard setabck ~ LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings at the Southold Town Hall, Main Road, Southold, New York on Thursday, February 12, 1981: 7:35 p.m. Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient frontyard setback at 2850 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown; County Tax Map ID No. 1000-91-1-3.2. 7:45 p.m. Application of North Price, Jr., Esq., 828 Front Street, (Appeal No. 2684) to the Zoning for permission to change existing motel use (or condominium) use in a B Zone. Location and Soundview Ave., Southold; bounded north by Main, Kemper, Zech and Larson; south by and Soundview Ave.; County Tax Map ID No. from 12/29/80). Fork Motel, Inc., by William H. Greenport, NY for a Variance Ordinance, Art. VII, Sec. 100-70 to privately-owned units of Property: C.R. 27 by Soundview Ave.; west C.R. 27; east by C.R. 27 1000-135-2-23. (Recessed 8:00 p.m. Application of Albertson and Katz, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Art. VI Sec. lO0-70A(1)(d), and Art. VI, Sec. 100-62F for permission to construct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S.R. 25), Southold, NY; bounded north by Main Road; west by Mullen; south by Finne and Lucey; east by Locust Ave., County Tax Map ID No. 1000-62-3-21 and 22. Legal Notice of Hearing - Page 2 Board of Appeals Meeting to be Held 2/12/81 8:15 p.m. Application of James D'Aquisto, by R.B. Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to con- struct accessory building in Greenport, NY; bounded north by Manhanset Avenue; east by 1000-43-1-8. frontyard at 3235 Manhasset Avenue, by Reinfurt; west by Sorden; south Pell; County Tax Map ID No. 8:25 p.m. Application of Robert T. Bayley, 55 West 16 Street, New York, NY lO011, by Robert W. Gillispie III as agent, for a Variance to New York Town Law, Section 280-A for approval of access on a private right-of-way off South Harbor bounded north by Stewart and Blake ; west by east by Ballenger; County Tax Map ID No. to property located Road, Southold, NY; Paul; south by Bay; 1000-87-1-21. 8:35 p.m. Application of Michael Caprise, No. 8 the Pines, Old Westbury, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in frontyard area at 345 North View Drive (a/k/a 370 South View Drive), Orient, NY; bounded north by North View Drive; west by Robertson; south by South View Drive; east by Wilson; County Tax Map ID No. 1000-13-1-9. Dated: January 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, six (6) affidavits of publication to: Southold, NY 11971. January 29, 1981 and forward Board of Appeals, Town Hall, FOB~M NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL d ^ N I ~ 19~?/ File No ................................................................. Date ........................................................ , ........ for permit to construct ........................................ at the premises located at .................................... .~.5...0.....~.~..D.~.,.~.....'~.~?..'.n......,~..D...b.. Street ~'0 L.I T f-1 0 /~ g Map .....~T.....,.~,..O. .................. Block .(~..~..~.~..~.......~..~(~.C...H....~.~Lot ..'~..~ '1'l ~ '1'~'t ~ ' ~.~.. is returned herewith and disapproved on the follow;ng grounds ...... J...N.....~..g..l~..~..{.~...~...~- ..................... .!~..~..~.~ ........ ¥..~.:~ ........................ ~.~...-E. ........ ~ ........ !.P..?...T.~..4.. ...................................... .... ~....~....../.-~....~ ..... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ^PPEAL NO. TO THE ZONING BOARD Of APPEALS, TOWN Of SOUTHOLD, N. Y · Name Of Appellant Street and Number ........ ...~..~....~...~.L~....~..,. ................................................................ ..~....L./.L.....HEREBY APPEAL TO , rMunicipality . S?...fnf~ , . . THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~.~'.~....../..¥/../.~.~./. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit .........................................Street and Number Municipality ' State/' ............... ( ) PERMIT TO USE / ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PRoPERTy .2~...~...~......~...~..../~...~.~/.~.....~....~.......~....:~.~.. ...... Street Use District on Zoning Map ......-- ..................... ............ Map No. Lot No.' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Parograp~ of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. T/YPE OF APPEAL Appeal is made 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 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (t~) (has not) been made with respect to this ~ecision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o 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 ~ z~1 (Continue on other side) REASON FOR APPEAL Confi~nued ' ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Noving the garage back further from the road would put it very close to the wetlands. Putting the garage out on the penin- sula would require building a road to it and would spoil a naturally scenic area. Also, any petroleum leakages could run off and threaten wetland areas. The D.E.C. has requested that the garage be moved closer to the road and away from the wetlands. The house is small and has no storage space (crawl space instead of basement). 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 Although this property is 68,000 square feet in area, its unique shape necessitates putting the garage up towards the road to preserve the natural beauty of the peninsula and to protect the wetlands. Other properties in the area do not have the elongated shape of this particular p~ece. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The majority of the homes in the immediate area are now on small lots (1/B and 1/2 acre lots) with front yard setbacks of 20 to BO feet. Sworn to this ................... Z....~.~...~,· ............ day of .................. Notary Public JUDITH T. ~F£RRY Notary Public. State of New York N~. 52C3%~9L~3 Su[:olk Count~ ~ li'siom~ Exo;'~s M~rch 30, j: ST,~TE DEPARTMENT OI~ ENVI, RQN~EI;'E[A'L'J~)N ~IJ~lJloN NEW.~i~,..~ ................................... ~ ' PERMIT ' PERMIT NO. ~15276-0337 "A" UNDER THE ENVIRONMENTAL CONSERVATION LAW I ARTICLE 15, (Protection of Water) ~1[ ARTICLE 25, (Tidal Wetlands) ABTfCLE 24, (Freshwater Wetlands) J~ ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Robert & Diane Gazza ADDRESS OF PERMITIEE 2850 CHar R=a_Ch Noad, SouthDld, NY 11971 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Cart~e l. nlet. DESCRIPTION OF PROJECT Construct a two car gar_~ge _on east ~ide of existing. ~ fam~ 1 y ~a=l 1 ~ ~g ~_O ~ setback 39' f~c~t mean high water, 37' fz~u Boad and 15t fzuLt ~a_~t property line. Project site is on south side of Cedar Beach Noad, west of intersection with Paradis ]'~i~l~-N~(Cily, Town, Village) TOWN NO. DAM NO. PERMIT EXPIRATION DATE t(-OU~Y ~,~t~ P,=nr'h Park I:IA COMMUNITY Southold [ Suffolk 3/31/82 GENERAL CONDITIONS 1, ll~e permittee shall file in the office of the appropriate Regional ~rpl*d expressly, by the execulion of the application, the full legal respon- sibiJily tot all damages, direcl or indirect, of whalever nalure, and by whom- Ih~, walerway or off shore above high-water mark, shall be delmsited or dumped condilion Ihe navigable and flood capacity of the watercourse. No claim shall 8. That the Stale of New York shall in no case be liable for any damage or inlury 1o Ihe structure or work herein authorized which may be caused by or result from future operations underlaken by the State for the conservation or improvemenl of navigalion, or for olher purposes, and no claim or right to compensation shall accrue from any such damage. 9. Thai if Ihe display of lighls and signals on any work hereby authorizod is not otherwise provided for by law, such lights and signals as may be scribed by lhe United States Coast Guard shall he inslalled and maintained by and al lhe expense of the owner. 10. All work carried out under this permit shall he performed in accor- dance with eslabtished engineering practice and in a workmanlike manner. 11. If granted under Articles 24 o~ 25, the Department reserves the right ~o reconsider this apl~'oval 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 permil, the moditication of the wetland hereby authorized has not been completed, the applicant shall, without expense to the Slate, and to such extent and in such time and manner as the Department of Environmental Conservation may require, r~,move ali or any portion of the uncompleted structure or fill and restore the site to ils 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 applicant any right to trespass upon the lands or inlerfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, litle or interest in real or personal properly held or vesled in a person not a party Io the permit. 13. The permittee is responsible fm obtaining any olher permits, ap- provals, lands, easements and rights-of-way which may he required for this projecl. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is conlingenl upon strict compliance with the special conditions on Ihe reverse side. 95-20-4 (9/75) CC: Law Enforcement (see BEVERSE SiDe) SPECIAL CONDITIONS 16. 1'7. 18. 19. Applicant shall be liable for any damage to adjacent waterway resulting any phase of th~ permitted construction. Construction is to conform with plans submitted 2/6/81. There is to be rain/real disturbance to land and vegetation be .~ee~n construction site and mean high water. There is to be no filling or e~cavat~ng or placement of permanent structures in th~ 39' buffer zone between m~_n high water and proposed garage. PERMIT ISSUE DATE PERMIT ADMINISTILATOR I ADDRESS 2/26/81 DAN,~:,. J. LARKIN I BLDG, 40, SUNY PERMIT SIGN No. TW 15276-0337 "A" has been issued to: Robert&DianeGazza address: ~0 ~ _c~ ~, ~u~, ~ for: 11971 Construct a two car garage on east side of existing one family dwelling t~ be setback 39' frcm m~n high water, 37' frcm Road and 15' frc~ east property line. Project site is on south side of Ce~qr Beach Road, ~est of under the Environmental Conservation Law, intersection with Paradise P~. Article 15, [Protection of Water) Article 24, [Freshwater Wetlands) Article 25, [Tidal Wetlands] Article 36, [Construction in Flood Hazard Areas) New York State Department of Environmental Conservation 95,20-1 (9/75) Formerly EA-93 Permit Administrator 2/26/81 Date Issued 3/31/82 Expiration Date COUNTY OF SUFFOLI~ DEPARTMENT OF PLANNING (516) 360-5513 T~n of Southold Board of Appeals March 3, 1981 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 Robert & Diane Gazza Albertson & Katz 2777 2780 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman C~%ie f l'lanner TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . B.oard..of. Ap.l~ea] s ................ of the town of.. 5.O.~lt, bp.l.d .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Appeal No. 2777 Robert and Dtane Gazza 2850 Cedar Beach Road Southold, NY 11971 ................ Special permits ...... ~.X.. .... Variances ~rto ][[s Sec, ]00-31 Location of affected land: ~8~e~a~`~B~ea~`h~R~r~d~5~u.t~h~1~d~Y.~(~1~Q~*-.~9.]~*-~)~.-.~3.~Z ~. within 500 feet of: (check one or more) ...... .X..X. .... Town or village boundary iine, or shore line CedBr Reach Harbor ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ ~ream or drainage channel owned by the county or for which the county has established channel lines, ................ ~ate or county owned parcel on which a public building is situa~d Commen~: Publ&c heartng was held 2/12/81 and permission was granted to construct attached garage wtth an Insufficient frontyard setback of not less than 37 and stdeyard setback of not less than 15 feet, subject to the conditions shown on the attached decision. Date: 2/27/81 Ltnda F. Ko~alskt, Secretary Tit/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Page 2 d~° Southold Town Boar f Appeals February 12, 1981 Regular Meeting MR. ROBERT GAZZA: any questions. I have nothing further unless there are MR. CHAIRMAN: We have here a note dated 2/5/81 from Bob Gazza: ...On 2/4/81 the DEC sent me a letter stating there was a possible wetlands violation on the lot next to this one which is owned by my wife, and that they were holding off on any decision concerning the garage until the above matter was settled. On 2/5/81 at a meeting in the DEC offices between Charles Hamilton of the DEC and myself, it was agreed that the wetlands were not infringed upon but that the upland grading did not meet their requirements. I was told that if I paid a no lo contende penalty of $100.00 and shortened the garage by four feet, they would drop the violation and approve the garage. I agreed to do this. I now have to resubmit the application on 2/6/81 with the garage shortened by four feet which I will do. Mr. Hamilton said I can expect approval in a few weeks. Signed Bob Gazza .... MR. CHAIRMAN: Have they indicated how long it would be until you would hear from them (DEC)? MRS. GAZZA: They said in a few weeks. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of the Appeal of Robert and Diane Gazza, #2777. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. RECESSED HEARING: Appeal No. 2684. Application of North Fork Motel, Inc., by William H. Price, Jr., Esq. as attorney, 828 Front Street, Greenport, NY 11944 for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or condominium-type) use in a B-Zone, located at the North Side of North Road (C.R. 27), Southold, NY, County Tax Map ID No. 1000-135-2-23. The Chairman announced the hearing will be further recessed until the next regular meeting of this Board, to wit, March 5, 1981. j' ! ! /~' / APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ck~ Southold Town Board of Appeals MAIN ROAD- I~TATE ROAD 25 E~DUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 February 4, 1981 Mr. and Mrs. Robert Gazza 2850 Cedar Beach Road Southold, NY 11971 Re: Appeal No. 2777 Variance Application for Attached Garage Dear Mr. and Mrs. Gazza: Please provide us with a copy of the D.E.C.'s determination mentioned in your recent application at your earliest convenience. Yours very truly, CHAIRMAN CG:lk APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. 'T.E~R-Y--T-~-I4~'~ ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~cki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 February 4, 1981 Mr. and Mrs. Robert Gazza 2850 Cedar Beach Road Southold, NY 11971 Re: Appeal No. 2777 Variance Application for Attached Garage Dear Mr. and Mrs. Gazza: Please provide us with a copy of the D.E.C.'s determination mentioned in your recent application at your earliest convenience. Yours very truly, JR. CHARLES GRIGONIS, CHAIRMAN CG:lk LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following mat~ers will be held for public hearings at the Southold Town Hall, Main Road, Southold, New York~on Thursday, February l~f. 1981: 7:35 p.m. Applig~tion - Robert and Diane Gazzat 2~0 .... ~Cedar Beach Road~ Southoldl . NY for a Variance to the Zoning Ordinance, Art. III '~_ ~Sec. 100-31 for permission to-__ construct attached garage with . an insufficient frontyard set- ~oack at 2850 Cedar Beach'.. r Road, Southold, NY; bounded ~north bY C°dar Beach Road:_ west by D. Gazza; south by ~ Cedar Beach Harbor; east by ~edar Beach Harbor and un- .know,n; County Tax Map ID. 7:45 p.m. Application of North Fork Motel, Inc., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance (Appeal No. 2684) to the Zoning Ordin- ance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or condominium) use in a B Zone. Location of Property: C.R. 27 and Sound- view Ave., Southold; bounded north by Soundview Ave.; west by Main, Kemper, Zech and Larson; south by C.R. 27; east by C.R. 27 and Sound- ua view Ave.; County Tax Map ID Jo!~! No. 1000-135-2-23. (Recessed ~ from 12/29/80). ~d~ 8:00 p.m. Application of ~ Albertson and KarT. Main Road, Southold, NY for a ~ Variance to the Zoning Ordin- · ~ ance, Art. VI Sec. 100-70A(1) · (d), and Art. VI, Sec. 100-62F ~l for permission to cons~xuct ' addition to existing building L with an insufficient rearyard setback at the South Side of ~ Main Road (S.R. 25), South- old, NY; hounded north by ], Main Road; west by Mullen; · ~ south by Finne and Lueey; east by Locust Ave., County Tax ~ Map ID No. 1000-62-3-21 and 22. ~ 8:15 p.m. Application of James D,Aquisto, by R.B. ~l Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-32 for permission to construct ac- cessory building in frontyard at 3235 Manhasset Avenue, Greenport, NY; bounded north by Reinfurt; west by Sorden; sooth by Manhanset Avenue; east by Pell; County Tax Map ID No. 1000-43-1-8. 8:25 p.m. ~p_p~ce~'~ COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. ./. ......................... weeks successively, commencing on the ~ day of .~..~~- ........................... ] 9~//. .... Sworn to before me this ~ 0 day of r~otary ~t.,~tc L~' LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, lhe following matters will be held for public hearings by the Southold Town Beard of Ap- peals at the $outhold Town Hall, Main Road, Southold, New York on Thursday, Feb- rusty 12, 1981: ~ication of NY for a Variance to ~ ng mane-e~-~,rt. III,' construct at tach _ed__gitr.~g~ wi~ff~ ns uffi.,ci'~ set b~a_~a~ ~ Ce~- ~ogi~O~o]~. ~'~: bounded _Jiorth b~Y.lY.~ lt~-oh RnadL ~t e, sL. b_.=v~l~ _Ga_z~_~.;_ .s. o u t h by CedarBeach Harbor; e~ yb~ __C.e,~... ~lT~ un- <.known; C o u n~' '~'~ 1Wf~-~-ID- North Fork Motel, Inc., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance (Appeal No. 2684) to the Zoning Ordi- nance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or condominium) use in/ a B Zone. Location of Proper- ty: C.R. ~/ and $oundview Ave., $outhold; bounded north by Soundview Ave.; west by Main, Kemper, Zech and Lar- son; south by C.R; ~/; east by ' C.R. ~ and ~i, iew Ave.; '"'r:~l~Zlg~'' Maii~. 7 COUNTY OF SUFFOLR, I STATE OF NEW YORK, ~ ss: .~)~¥~.d, ~l.,...~.~.~.e.z'. .................. being duly Sworn, says that .he ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and thnt the notice, of which the mmexed is u printed copy, has been published in the ~aid Suffolk Weekl~ Times once in each week, for . .01T~ ...................... weeks successively commencing on the ...~.~.~.h. .................. day of ..... January........ 19. ~.~ Sworn to before me this . .~.~.h. .... day of ~.~l~.:~f ......... 19~J... .............. ..... APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T 7-.,'~ ,'~ ',' T;JT::: LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~cki Southold Town Board of Appeals MAIN ROAD- STAT TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING HELD FEBRUARY 12~ 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, February 12, 1981 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Gr'lgonis, Jr., Chairman; Robert J. Douglass; Gerard P. Goehringer; and Joseph H. Sawicki. Absent was: Serge Doyen, Jr. (Fishers Island). Also present were Mike Stahl (Suffolk Times), Mrs. Shirley Bachrach (League of Women Voters), Mrs. Ruth Oliver (North Fork Environmental Council) and Mr. Henry Lytle (Southold-Peconic Civic Association). PUBLIC HEARING: Appeal No.'2777. Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, New York for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient frontyard setback at 2850 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown; County Tax Map ID No. 1000-91-1-3.2. The Chairman opened the hearing at 7:35 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.oo. MR. CHAIRMAN: We have a section of the County Tax Map showing this property and the surrounding properties, and a survey of the property. It is a long, long parcel and it's really limited. Is there anyone that would like to add anything further to the application? Copies of Legal Notice 1/27/81: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Supervisor Mr. and Mrs. Robert Gazza William H. Price, Jr., Esq. for North Fork Albertson and Katz R.B. Hudson as agent Robert T. Bayley Mr. Robert W. Gillispie III for Bayley Michael Caprise Motel, Inc. Individual appeal files Z.B.A. members JUDITH T. TERRY . TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 14, 1981 To: Southold Town Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 2777, application of Diane and Robert Gazza for a variance. Also included is Waiver of Notice signed by Diane Gazza, Proff of Mailing Notice to Cedar Beach Park Owners Association-F. P. Francia, Short Environmental Assessment Form and map of property surveyed for North Fork Equities, Inc., Notice of Disapproval from the Building Department. SHORT ENVIRONNiENTAL ASSESSIJENT FORIJ ~ -------~) In order to answer ~he questions in this short that project and the likely impacts of the action. It is not expected that additional studies, research or other investigations ,.;ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been ans~vered No it is likely that this project is not signi£icont. . -.. (d) Environmental Assessment ~. W~11 pro~ect result in a large physical change to the project site or physically alter more then 10 acres o~ land? ........................ Yes~N 2.~'lill there be o mo~or change to any unique or ' -unusual land form found on the sitS? .......... Yes ~No 3. Will project alter or here o large effect on . existing body of ,voter? ........................ .. Y~s. 4. ~'till project have o potentially large impact , on groundwater quality? ....................... Yes 5. ¥1ill project significantly effect drainage ' ~o ~. Will flow prooect°n ?djacentaffectSiteS?on~ ................ threatened or i[ii[[[i Yes' ~ ~' endangered plant or on~mol ~pecies?... Yes 7. %'Iill project result in o major adverse effect Yes on air quallty?~ ...... 8. project hove' 'i 2r .... effect' ...... on ':wsuol .... / character of the community or scenic views or vistas known to:be important to the community? -Yes ?. %viii project adversely impact any site or .- structure of historic, prehistoric or . paleontological importance or any site / designated os a critical environmental oreo b / by a local agency? ............ ~:...~-~.v.-...~..~..w. Yes. N~ 10. %~ill project hove o major effect on existing or future recreational opportunities? .......... Yes '11. Will project result in.major traffic problems / o~ cause a major effect to existing transportation systems? ........................ Yes 12. Will project .regularly cause objectionable / odors, noise,' glare, vibration, or electrical · disturbance as o result of the project's . operotlon? ......... ' ............................ Yes. ~ ~6/No 13. %?illproject hove any impact on public health or.safety? ....... Xes directly causing o gro~,;th in permanent population of more than 5 percept over a one year period o~r hove o major negative effect on the character of the community or neighborhood9 15. Is there public controversy concerning the project? ......... ../; .......................... PREPARER'S REPRESENTING DATE EAF it is assumed the preparer will use. currently available information concerning the Yes,. Yes (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~0~ ~7~ 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 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 leas~ 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 %he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C. DoE.C.] Sincerely yours, TOWN OF SOUTNOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.a~lll ~,: S / 9S/ DATE ............................ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~(We) ~.:~: ...... 2:~....~.~ ..... o,~.~.~...~2~..Z~.'....~Z2 ............ Name of Appello~t Street and Numar ~ ~ ~ O ~..~. ...... HEREBY APPEL TO ~unicipality THE ZONING BOARD OF APPEAL5 FRO~ THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PER~IT NO ..................................... DATED ..~.~r~,.~..~ WHEREBY THE BUILDING INSPECTOR DENIED TO .A.~..~....~......~z:~ ....... ~ome o{ Applicont {or permit o~ ~.~.....~.....~m~..~.....~.~.~ ....... ~.~ .............. Street and Number Municipali~ State/ ( ) PERMIT TO USE / ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY~ ................................................................ ~...~, ................... Street ...~0.0..,.~L~.L.<.&~ ........................................ ~op ~o. kot ~o. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph 9f ,the Zoning Ordinance by number. Do not quote the Ordinance.) ~-~ 74,~-.v 3, T~E OF APPEAL Appeal is made herewith for (L/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 52 Cons. Lows Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~kfs) (has not) been made with respect to this decision of the Building Inspector or with respect to this prbperty. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (L~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Moving the garage back further from the read would put it very close to the ~etlandn. l~tting the garage out on the penin- art.tn w~uld requX~e building a road to it and ~ould spoil a natu~all~ .ee~lc area. Also, any petroleu~ leakages could z-4n off and threaten ~etland areas. The D.E.C. hen requested that the garage be moved cloner to the road and a~ay f~oa the wetlands. The house is .mall and has no storage space (e~aw1 space instead of basement). 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 Although this prepe~ty is 68,0OO square feet in am, Xts unique shape necessitates putting the garage ,p tmmrds the ~d to preserve the natural beauty of the pe~Xnsula and to protect the wetlands. Other prope~ties in the am do not have the elongated shape of thin p&~'tieular p~eee. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because . ~- The m~ority of the ~s in the l.~ediate ama a~e now en · ~all lots (1/3 and 1/~ ae~e lots) with front yard herb&eke of ~O to 30 feet. STATE OF NEW YORK ) COUNTY 0 ) Sworn to this ................... Z...~.......7~.... ........ day of ............. 7~---~ ........... JUDITH T, TERRY Notary Public, S.~ate of New York / No. 52-037~953 Suffolk Count~ Commission Expires March 30, 't9<)./ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ? ? ? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)....~..L.~ .......... ..~.' ................................. o ~5'-c) ~/tFZ ~e-~/~/4 /~P ~ 01 ~ ~ f ............................................................................ Name of Appellant Street and Number ...~.....u..~?,, ........................................................ ,,/~.,:~/,.. .......... HEREBY APPEAL TO Municipality Slate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........~.'~.../..?. ....... /..?...~..J'.. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...........................................................Street and Number '~'~'~'i'~J~ .................... ~"'~"/"' ................ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE ............................................................................................ ~.:... Street Iooo - ?/- / - Iv~op Na. Lot No. Use District on Zoning Map 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. xTYPE 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 Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (,b~ (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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (L/)/ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~7~,,~ ~'o~m :SBt (Continue on 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 prope~ies alike in the immediate vicinity of this property and in this use district because Ac-~u e=~, ~+~ s ?r~e~-a- 3. Tine Variance wound observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNT*ss...<.. Sworn to this .............................................. day of ............... ~ ..... 19047' Notary Public, S~ -ate of New York No. 52-03~9~3 guffo~k Court ~mmlssion Exp;re~ March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: YOU ARE HEREBY GIVEN NOTICE: //?// NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Sou]hold to r, equest a~(Special Excepfio~,) (Special Permit) (the following relief: ~L~ ~d,&.~,~C~._ ~. 2. That the prop~r~ w~ch/is the~bjec~ of~e Pe~tion~ Io~eO a~jacent to your property and is des- cribed as follows: ~ C~ ~ ~ ~/. ~d//~d/~ 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: $. That the provisions_of,the Southqld Town Zoning Code applicable to the relief sought by the under- s gned are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 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 Trave[er-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 z '~ / ~ i NAME PROOF OF MAILING OF NOTICF ADDRESS RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) - ~o~ POSTAGE f $ . ~ ~~ ~ ~ , ~ing duly sworn, deposes and says that on the /~ day of ~h'~ . ' ,19 ~/ , deponent mailed a true copy of the Notice set forth on the re. verse side hereof, d~rected to each of the above-named pe~ons at the addresses set opposite their respective names; that the addresses set oppmite the names of ~id pe~ons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that ~id Notices were mailed at the United States Post Of- rice at ~ ~ ~ N~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to,~efore me this day of ~.~ ,19 ~ Notary Public ~ JUDITH T. TERRY Notary Public, State of Ne~ York Ho, 52-0344963 Suffotk County,/ Commission Expires March 30, January 13, 1981 WAIVER OF NOTICE To Whom It May Concern: I, Diane Gazza, waive any right to receive notice of petition from Robert and Diane Gazza concerning the construction of a two-car garage with a setback of 37 feet at 2850 Cedar Beach Road, Southold, N.Y. Diane Gazza 2710 C~dar Beach Road Southold, New York llg?l /r/~. r~ $00.400 0 0 0 RD. (60') CEDAR BEACH HARBOR /0'