Loading...
HomeMy WebLinkAbout4010 APPEALS BOARD MEMBERS �,F`I '```" ;` .,;` SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman ', Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. ' James Dinizio,Jr. k ``: rJ P.O.Box 1179 Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 `� _ - f' Telephone(516)765-1800 BOARD OF APPEALS TOWN 4 SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4010SE. Application of JOSEPH AND LINDA FISCHETTI for a Special .Exception to the Zoning Ordinance as authorized by Article VII, Section 100-71, for permission to convert existing dwelling for a professional and business office establishment. Location of Property: 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3. Zone District: Residential Office (RO) . WHEREAS, a public hearing was held on June 7, 1991, all those who desired to be heard were heard and their testimony recorded; and WJEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for the conversion of an existing principal dwelling structure, containing a total floor area of approximately 845 square feet into professional and business office use as authorized under Article VII, Section 100-7tB( 2) of the Zoning Code. 2. The premises in question is located along the east side of Oaklawn Avenue in the Hamlet. and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 3, Lot 3 . 3 . The subject premises is improved with a single-family dwelling structure having a total floor area of approximately 846 square feet, and located in the rear yard is an accessory frame storage building, all as shown on the survey map prepared February 6, 1991 by Roderick VanTuyl, P.C. 4. This property, according to town records, has been held in single and separate ownership and used as a single-family PagZ 2 - Appl. No. 41, -SE Matter of LINDA FISCHETTI Decision Rendered July 12, 1991 residence since 1957. The following nonconformities of the land and building exist: (a) nonconforming lot width of 80.80 feet; (b) nonconforming lot area of 11,656 sq. ft. ; (c) nonconforming front yard setback of the principal structure at 15 feet; (d) nonconforming northerly side yard setback of the principal structure at 12 feet; (e) nonconforming setback of the accessory building at less than three feet from the property line. 5. A Pre-Existing Certificate of Occupancy (No. Z19746) has been issued by the Building Inspector for the subject premises dated February 21, 1991. 6. The parking area is shown on the sketch submitted under this application. Nine (9) parking spaces are proposed along the easterly (rear) area of the principal building. 7 . For the record, it is noted that: (a) this Board has granted approval of the substandard lot area and width of the premises for the use proposed herein under Appl. No. 4011 (b) the master plan revisions adopted on January 10, 1989 intentionally re-zoned the subject premises from "A" Residential and Agricultural to Residential-Office (RO) ; (c) there has been no literal change in the dimensions of the property or buildings since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan. In considering this application, the Board also finds and determines: ( 1) the proposed use will � not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; ( 2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3 ) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through ( 1) of Article XII, Section 100-121(C) {2) of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional and business office use, as applied under Article VII, Section x' Page 3 - Appl. No. 4l ,�-SE Matter of LINDA FISCHETTI Decision Rendered July 12, 1991 100-7PB( 2) of the Zoning Code (and subject to site plan approval of the Planning Board) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Absent was Member Grigonis due to illness. ) This resolution was duly adopted. lk GERARD P. GOEHRIN ER, �HAIRMAN APPEALS BOARD MEMBERS F. - '. ;.w:,, = "; SCOTT L.RABBIS Supervisor Gerard P.Goehringer,Chairman '` "'' Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. �� r P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1806 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of . the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on . FRIDAY, JUNE 7, 1991, commencing at the times specified below:. 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side ,yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C) . Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. 4 Page 2 - Legal Notil!" - Hearing for June 7, 1991 Southold Town Board of Appeals 7: 40 p.m.` Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County-Road 48, Cutchogue, NY; County Tax Map No. 1000- 96-1-18.1. 7 : 45 p.m. Appl. No: 4027 - HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. 7: 50 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Property: 3055 .Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. Page 3 - Legal Notil Hearing for June 7, 1991 Southold Town Board of Appeals 7: 55 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to locate portion of inground pool with fence enclosure and portion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists. ) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by by the Board of Appeals under Article VII, Section 100-71, and, ( 2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO) . The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not Page 4 - Legal Noti_ - Hearing for June 7, 1991 ! Southold Town Board of Appeals ` start before the times designated above. For more information, please call 765-1809. Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files tNll �k FORM NO.3 ' TOWN OF SOUTHOLD ;6 BUILDING DEPARTMENT ? TOWN CLERK'S OFFICE si SOUTHOLD, N.Y. NOTICE OF DISAPPRO`IAL a'. Date . . . . . .°�. . . . . . . .�. . . . ., I9 ail. l�, G� II To . . v.-�. . . . . ��-e,� -?- -. . . . . , i . . . .fir. . , - . . . . . . . . ..: . . . . . . . . i! PLEASE TAKE NOTICE that your application dated . . L , • n n for permit . . .� .4�-. . . +.dE.. . . °. . ' . . . . . . . i at; , Location of Property !v.. Q.cx,6G�Q�u1•�f Q . House No. •� Street Hamle t. County Tax Map No. 1000 Section . . Block . . . . �?. .�. . Lit . . . .I- `}� Subdivision . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . . p . . . . o. is returned herewith and disapproved on the following grounds . �•szc,..a',r,,�-s� �/•�'i?���,� Ct ? Z.d 1- .•. . r c. -uk. &.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it . BuiQg Inspector . . . RV 1/80 t 300.�00.�o R E C E I V a C FOWN OF SOUTHOLD, NEW YORK .5'0 A APPLICATION .FOR SPECIAL EXCEPTION FED 2 a 1991 Application No. L4U 10 Southold Town Clerk Date Filed: APPEALS, SO,,UULTHOLD, NEW YORK: //`` / II I (We) , !Nt d-c� h 5��1/ of l z5 �7D�J�'Y PeI,09-a (Residence, House No. and Street 57 '(Hamlet, -State, Zip Coae, Telephone Number) hereby apply to THE ZONING BOV F APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE SECTION �t7p - 7/ SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : v :5 A. Statement of Ownership and Interest. Lli►�1 �! sc, ,e #7 is (are) the owners) of property known and referred to as 23 S-- 6,4 c rok� House No. , Street, Hamlet Svv�2w � r�l/f -7/ identified on the Suffolk County Tax Maps as District 1000, Section �, Block 6-3 , Lot(s) 4� , which is o (is) on a subdivision Map (Filed , "Map of Filed Map No, , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on /,—Cd B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. T e property which- is the subject of this application is zoned RD and [ i.s ,corlsiste,nt with the_use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furni ewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : (S�gn ure Sworn to before me this o2� day of ��br�,Gr K;• �UIL",7 L, 4L AUA� 91 as e S AU1=2 VDI � i m 1 OSEPH FISCHETTI, JR,uisotar 991 '{ PROFESSIONAL ENGINEER � •� 1�1 HobarF Road ZB2 (rev. 2/6/86) ,,,aW€Iuls' �� J�''11 �D Southold IN J�' I e97,1' '�+',f�ri-^..' - I � 4"Y`L•.i• 1 Y um v.,L ...�_ R��',A I r-u, ' �_ I I I Frio 4.� M. Bldg. X G s{� 171.7s F undation C&We, Bath Extension S fy B ement Floors 3 t b Q.7,5 7.S Ext. Walls Interior Knish W��� gP f Extension r i s t Fire Place Heat S f Extension o — of Porch Roof Type 8 i Porch — Rooms 1st Floor f � . Patio Rooms 2nd Floor Breezeway r Garage Driveway Dormer O. B. Y.' TOWN OF SOUTHOLD PERM RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT 11'Imo,{ � - r� -: - f li.h,!n' 11CC•yy FORMER OWNER N E -. ACREAGE p� % 17,r}✓'Q:aaq �rd,eN.,TR�.aF S W TYPE OF BUILDING'. B 6 ry T, !F/17r� tJt' .J 1S. 1 r I \' • /� K : } i... RES. � SEAS. VL. ARM COMM. IND. I CB. I MISC. I Est. Mkt.,Value`; LAND IMP. TOTAL DATE REMARKS y'� Z n o 0 aoaa e / _Y a L' H oo All .�t� 7. y 9 G/. �e - e4 - 3-' NJ /�l�i9NQauQ 4anrof!iC'�'Tdwl�Qa M. T.J.P. asT/Io- AGE BUILDING CONDITIONeo _ 9 _ S � NEW NORMAL BELOW ABOVE FRONTAGE ON WATER .Farm Acre Value Per Acre Value FRONTAGE ON ROAD 000 X p-b' :@ G � _ ,, :. Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Woodland Swampland Brushland House Plot Total ai •..y I w' x w_ • ___ w w r 4 w r iI H ,,' PLAY Ho. AT t Iw -F.!. ['? - .'' 7 4• . 3. : so°.•f' -'lie¢ :Y j .SWJ-WG FrzAmi,._tjTH � ��� ,.y- TES E� :', { �.'S-� Y 'F2• a,l `➢: M'f' t 5, is B-SnI L, 1400P.l o f, � '-r-: v ter:�;�c c� is esn;ar Ff] 4 1` �. i_ozd S,tr ey�r'r:iFzaso erG o. r`w i' \ JP.L Bahl :JrC•;:aar!asi s not F.e cane..i-;s _ --1 01. r t¢�,� 4.r v 3•2oiid YfLo cr:Cr,•Py. fM D2i V l -- I�! r and on he i E _ �. _ -. _--�.--. � � `.�' '/ ?r.:.•L.�:ti^.:':iy,l`O`iC,1"!i71i.i.... ._ �. f SCALE -20 # y TES: '' �` { ;. d, e d e `. %, r]♦a rp r`f ,^1 ` y ..:!- ✓I�:/'.Y 1 0 lA 6 F —✓ • C..fin".b.+ _ �n,•!�^ V =' - - 'r t - - 2 P( n�;y,.��o�,c� November 2, 1992 o . a;= • : n,-rcren Hollows - This minor subdivision is for 4 lots on i (Tacres located on the north side of Bergen Avenue in t,lattituck. SCTM#1000-112-1-16. 1. preliminary Extensions ��QFLc P�� Angel Shores - This proposed subdivision is for 49 lots on 92.74 acres located off Main Bayview in Southold. er�etis�A; -6 SCTM#1000-88-6-1, 4 & 5. Setting of Final Hearings: Edward Zuhoski Estate - Proposed amendment to the= approved minor subdivision of the Edward Zuhoski Estate to h9_cd n; -�r incorporate the 50' right-of-way with Lot #3 . SCTM#1000-102-1-1. Setting of Preliminary Hearings: Highpoint Woods a.k.a. Marion Woods - This major subdivision is for 9 lots on 20 . 5668 acres located on the HE4r)Nr . r north side of Main Road in East Marion. SCTM#1000-22-3-5 & 4/7-FD jz 31-4-15.1 & 31-4-15 . 2. - l Review of Reports: Engineer' s Report '-lac Harvest Homes Estates - Section Two - This major subdivision is for 12 lots on 14. 9 acres located on Oaklawn Avenue and Wells Avenue in Southold. SCTM#1000-70-3-22. f ep , SITE PLANS Final Determinations: Qra, �Q Bridgehampton National Bank - This proposed site plan is for a bank and drive up window- in an existing vacant /U, ,, building in Mattituck Shopping Center in Mattituck. z G SCTM#J000-142-1-2. C7Crur �4 a ,� Linda Fischetti - This proposed site plan is for a a r, office building on 11 ,656 square feet located on'Oaklawn G�r�► c. �n Avenue(, in -Southold. SCTM#1000-61-3-3 . SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Sr+�� Cellular One - This proposed site plan is to erect a 100 ' ( 1021 ) monopole and platform adjacent to an existing L-� r'�i,J1rti_,0A724 square foot concrete block building on a 1. 848 acre lot C-;QesS in the Limited Business district, located on the west side Elijah' s lane, 299 feet north of S.R. 25 in Mattituck. SCTM#1000-108-4-11. 3 . 411 . APPEALS BOARD MEMBERS . y ± SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. =rµ � P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-.1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 May 1, 1991 Mr. and Mrs. Joseph Fischetti 1725 Hobart Road Southold, NY 11971 Re: Appl. No. 4010SE and 4011V - 235 Oaklawn Ave. , Southold Dear Mr. and Mrs. Fischetti: This letter will confirm that the above applications have been transmitted to the Board for review and that the public hearings are expected to be at our evening meeting calendared for Friday, June 7, 1991. A copy of the Legal Notice as published by our office will be forwarded to you as confirmation of the exact date and time of your hearing in the near future. Also, by way of a copy of this letter, the Planning Board is urged to forward any comments that they may have not later than June 3, 1991. Should you have questions, please feel free to call. Very truly yours, Linda Kowalski cc: Planning Board Attention: Bob Kassner COUNTY OF SUFFOLaC \ �r j i +PATRICK G. HALPIN �� ✓'i' SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING I. ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 August 1, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) 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(s) Municipal File Number(s) Fischetti, Joseph and Linda -4010SE Fischetti, Joseph and Linda 4011 Very truly yours, Arthur H. Kunz Director of. Planning .' Sits Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI..NEW YORK 11788 (516)360-5192 oUFF®,(��. APPEALS BOARD MEMBERS SCOTT L.HARRIS �� ►� 'Supervisor Gerard P.Goehringer,Chairman Charles Grigonis Jr. �� '�� Town Hall 53095 Main Road Serge Doyen,Jr. `" P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone.(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 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 Plann.ing Commission : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector, Special Exception , Article VII , Section 100-71 Special Permit Appeal No . : 40105F-Applicant: JOSEPH AND LINDA FISCHETTI Location of Affected Land: 235 Oaklawn Avenue , Southold , NY County Tax Map Item No . : 1000- 61-3-3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) X 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 Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to establish professional a"nd business office' use on nonconforming parcel,: Copies of Town file and related documents enclosed for your review. Dated : July 30, 1991 P ,e 3 - Appl. No. O-SE atter of LINDA FISCHETTI Decision Rendered July 12, 1991 ' 100-72B( 2) of the Zoning Code (and subject to site plan approval of the Planning Board) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Absent was Member Grigonis due to illness. ) This resolution was duly adopted. _._.`i CEIVED AND FILED BY i r.l, THE SOUTIiOLD TOWN CLE13ii DATE '%, Y��i/ HOUR Town Clerk, Town of Southold lk GERARD P. GOEHRINGER, .,CHAIRMAN APPEALS BOARD MEMBERS SCOTT L.HARRIS > ^-- Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. T Town Hall,53095 Main Road 3 P.O.Box 1179 James Dinizio,Jr. Robert A.Villa ::✓'`. :,� Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 " ``' Telephone (516)765-1800 BOARD OF APPEALS TOWN Off'SOUTHOLD July 29, 1991 Mr. and Mrs. Joseph Fischetti 1725 Hobart Road Southold, NY 11971 Re: Appl. No. 4010 - Special Exception (Office Use) Dear Mr. _ and Mrs. Fischetti: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A cop y of this decision has simultaneously herewith been transmitted to the Planning Board for its file and update. Very truly yours, Linda Kowalski i Enclosure I Copy of Decision to: Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning I Residential Office (RO) District . [Added 1-10-89 by L.1Tv. 1-198914] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential Q� development along major roads which will provide opportunity for ` limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- ing events, patriotic observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 1?.891 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Editor's Note: This local law also repealed former Art.VII,B-1 General Business District, as amended. 10070 1-25-90 C ! § 100-71 ZONING § 100-71 �— _- (1) Special exception uses as set forth in and regulated by § 100-31B(1)through(7)of the Agricultural-Conservation District. (2) Professional offices and business offices. (3) Funeral homes. (4) Bed-and-breakfast uses as set forth in and regulated by § 100-31B(15), except that no site plan approval is required. (5) Libraries, museums or art galleries. - (6) Wineries. [Added 8-1-89 by L.L. No. 15-1989] (7) Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. [Added 12-12-89 by L.L. No. 23- 19891 .C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural-Conservation - District and subject to the conditions set forth in§ 100-33 thereof. (2) The following signs, subject to the supplementary sign JOSEPH- F1SCHE-TTI,-JR. PROFESSIONAL ENGINEER - Hobarf Road v j� -- -- -- —�- i — - OUthOldj - _ po OF Nttv FISCyF�O�,S - - --_- H+++I up -}- I= 44 - I - 11'-6 x C 1 N � - L O n� - Izxlq. LL lgcsirle �`— -- 'S t`1. �;,a4P� :_r Y-,N iYMI}-...,,. .w' '�'� ., 8:r.. .'F.r-^,�.� ..ar: �1. ..�„ :.w.,C^,4.- .,,max:�. ,. �-... � - .. .. ... -r c ,- - ,. ...,.. ,•S., ... ..-.,., . f<"�.�,...a..r+a1°�. i-'l t.. � .. _ ., t+,.. i. ,%_P Y.. R'C - - -- - - --- --- - - - ---- ---- -- - - - -- Y - SO Z6 ' 019 I 5� Q� �ISCy T °'P,j 'L00 T ISO IvLL) Vi 14- to'-G' JOSEPH FISCHETTI, JR, PROFESSIONAL ENGINEER Hobart Road - 'Southold, N. Y. 11971, V FEB 2 61991 PROFESSIONAL ENGINEER HOBART ROAD SOUTHOLD, NEW YORK 11971 (516) 765-2954 Date: February 25 , 1991 a Reference: Zoning Board of Appeals Linda Fischetti Town of Southold Variance Main Road Special Exception Southold, New York 11971 Dear Linda, As an addition to the above application, the total area to be used for professional/business offices will be the complete first floor which consists of 845 . 6 square feet . In accordance with the ordinance we wi.11 provide nine ( 9) parking spaces as shown on the submitted site plan. T. eph trul you , Fis etti , P.E j ,; APPEALS BOARD MEMBERS ,, = SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � ' ��s a, a , ��y Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS ' Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 19 91 Appeal No. 4010 SE Project Name: Joseph and LInda Fischetti County Tax Map No. loon-6 1-3-3 Location of Project: 235 Oaklawn Avenue , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of one-family to professional office building use This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and . urges coordinated written comments by your agency to be submitted with the next 20 days. {'�C} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of, the property has been made, or C. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site , changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15,days of this letter, we will assume you have waived same, and.we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold., NY 11971 at (516) 765-1809. tr Page 11 - Appl . No.4029 Charles and Angela Kyriakoudes Hearing Transcript of June 7, 1991 CHAIRMAN: Does the bulkhead run the entire length of the property. MR. MICHEL: Yes it does. CHAIRMAN: I couldn't determine that with some of the foliage there. Thats the reason why I asked the question. I don' t have any further questions unless anyone else does. . Thank you very..much for your presentation. MR. MICHEL: You will let us know when it's time for the decision. CHAIRMAN: Is there anyone els.e.� who would like to speak in favor of this application. Would anyone like to speak against the application? There being no further comments , I make a motion closing the hearing and reserving decision. ALL IN FAVOR - AYE. Appl . Nos. 4011V and 4010SE - JOSEPH AND LINDA FISCHETTI The Hearing opened at 8:05 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. Survey prepared by Roderick VanTuyl , P. C. dated February 6 , 1991 indicating a parcel approximately 80 ' plus or minus by 141 . 05 plus . I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Fischetti ? MR. FISCHETTI : Yes . Good evening Mr. Chairman and members of the Board . My name is Joseph Fischetti . I'm here for my wife , Linda , who is actually the applicant . The property was purchased in 1986 prior to the adoption of the zoning ordinance . The property at that time was designated residential /office in the proposed ordinance . The strict conformity of the bulk schedule of the zoning ordinance would deprive us the right of the use of that property enjoyed by other property owners in that zoning district. A check of the zoning map will show that there are three 10-ts on the east side of Oaklawn Avenue which have been purposely and consciously included in the residential office zone . Each one of these properties is less than 40 ,000 sq . ft . The Planning Board and the consultants indicated that this is suited for residential office by designating those as residential office . The rear of the property is the Presbyterian church . On the north side is Dr. Campbell ' s office , across the street is Southold high school . The granting of this variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare . I hope that you will agree with this . Page 12 - Appl . No . 4011 and 4010SE Joseph and Linda Fischetti Hearing Transcript of JUne 7 , 1991 CHAIRMAN : Just for the record it is an interesting point having three parcels designated RO and not one of them meet the 40 ,000 sq . ft . minimum. I have no idea what the wisdom was at the time of the creation of that. Can you give us a.n example to what degree you intend to utilize this premises . MR . FISCHETTI : We only use the downstairs floor. The calculations for the parking are done just for the officearea. The second floor would be used only for storage of records . It would be used for professional office space in accordance with the zoning ordinance , the way it is now for residential office . There would be no changes in the structure or in the site work . Basically , it will stay just as it. There is enough places for five parking spaces for the Planning Board . We know we have to go to the Planning Board for site plan approval on this if you accept it. We spoke to all our neighbors . The neighbor , Rinny Terry on the other side is fine . He has no question . Dr . Campbell is on one side . The people in the back won ' t complain and the school is across the street . I feel that it is very suited for the use of office space . CHAIRMAN : You said you would only be utilizing the first story . MR. FISCHETT : That is correct . CHAIRMAN : What would the second story be ? MR. FISCHETTI : Storage of records . CHAIRMAN : So you would actually be taking , what we refer to as a nonconforming structure or dwelling at this point and placing it into a conformity situation . MR . FISCHETTI : That is correct. CHAIRMAN : I thank you Mr . Fischetti . BOB VILLA : One question . . Is the house being occupied right now? MR. FISCHETTI : That is right. . We have it rented to a nice young family. It is so difficult when the zoning ordinance is in place that it takes so long to get your special exceptions . It has been rented and we will leave them in there until they want to leave but we are doing this. As soon as we find the economy back again we will probably go in there and do some -ii0 k. . CHAIRMAN : Thank you . Is there anyone else . who would like to speak either for or against this application? Seeing no hands , I will make a motion closing the hearing and reserving decision . ALL IN FAVOR : AYE Th resa Reilly ( Prepared from tape recording ) 1V(ll'll:�Vr air.....-.•,--'" NOTICE IS HEREBY GIVEN. .� pursuant to Section 267 of th"Town Law and the he Tn of' Southold,the following publi•hear, ings will beheld by.the SOUTIiO� TOWN BOARD OF APPEAL$. Southold Town Hall,Main Road, Southold,NY 11971,on FRIDAY- JUNE 7, 1991,commencing at the times specified below: 4�028 - 7:30 p-m. Appl. No. RICHARD OLIVERI.Requ st for variance to the Zoning Ordinance•, Article III,Section 100-32 for per- mission to locate new principal dwelling structure with insufficient rear and side yard setbacks:Zane Dis- trict:R-80._Location of Property:, Westerly Side of Crescent Avenue. Fishers Island,NY;County Tax Map District 1000,Section 6:Block 6,Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning ' Ordinance,Article XXIV,Section 100-242A for permission to enlarge with.a distance shown ai 75 feet from existing nonconforming accessory-, the rip-rap which is between the bulk- building,located partly in the side,-.-.* '';:head and the mean highwater mark of yard and front yard areas on this cormt. Southold Bay.Or.an Interpretation as STATE OF NEW YORK) net lot.Zone District:Agricultural ` to which structural point the 75 ft.set- Conservation (A-C). Location of back requirement shall be from(par- SS: Property:10205 North Bayview Road*,_s arly where more than one Ow- COUNTY OF SUFFOL and the Easterly Side of a Private • tare exists.)Zone District:R-40. Road,Southold,NY; County Tax Location of Property: 1425 Kimberly Map No.1000 79-5-20.5. 'Lane,Southold,NY,County Tax Map 7:40 p.m. Appl. No. 4025 - No.1000-70-13-20.9. FJ of Mattituck, In ESTATE OF 7ENMS HARRIS by 8:00 p.m.Appl.Nos.4011V and said County, being duly sworn,says that he/she Is Principal Robert Taylor.Request for a variance 4010SE-Requests by JOSEPH AND Clerk of THE SUFFOLK TIMES to the Zoning Ordinance,Article XIV, LINDA FISCHETTI concerning , a Weekly Newspaper, Section 100-142,100-141,100-241A, property known as 235 Oaklawn published at Mattituck, in the Town of Southold, County of for permission to enlarge existing Avenue,Southold,NY;County Tax ,. Suffolk and State of New York and that the Notice of which nonconforming dwelling in this Light p No. 1000.61-3-3 for.(1).a Spe- Industrial(LI)Zone District with a 'a1 Exception to the Zoning Ordi- the annexed Is a printed copy,has been regularly published in proposed addition having insufficient ce as authorized by by the Board side and front yard setbacks.Location of Appeals under Article VII,Section said Newspaper once each week for weeks of Property:21755 County Road 48, 10071,and.(2)if necessary,a vari- s cessively, commencing on the �- day of Cutchogue.NY;County Tax Map No ante to establish professional and 19 1000-96-1-19.1: business office use on this 11,656 sq. V t�ENV 7:45 p.m. Appl. No. 4027 - 't.nonconforming parceL Zone Dis- ' HAISEY A.STAPLES.Request-for trice Residential-Office(RO). n variance to the Zoning Ordinance. The Board of Appeals will at am d Article XXVIII,Section 100-281A(7) time and place bear any and all per- for permission to construct new prin- sons or representatives desiring to be cipal dwelling structure upon premis- heard in the above matter.Written es which is nonconforming and has 'comments may also be submitted Principal Clerk not been held in single and separate prior to the conclusion of the subject ownership as exists since April 9, • hearing.Each hearing will not start 1957.Lot is nonconforming,having a before the times designated above. total lot area of 33,668 sq.ft.and 25 For more information,please call ��f ft.frontage - (width)along Middleton• 765-1809. ""' _ Swam to before me this� Road in the Hamlet of Greenport, Dated:May 10,1991. . Town of Southold;NY, County Tax BY ORDER OF THE day of 19 Map No.1000.41-2-12.1. SOUTHOLD / urw 7:50 p.m. Appl. No. 4024 - _•r - 'PAWN BOARD /(�I'�� 9 RONALD STRITZLER, M.D. 3 : OF APPEALS DORIS MAR1E HARRtSOH Request for variance to the Zoning APPEALS p fA lmut +e,State of Nair York Ordinance,Article III,Section 100-33 GOEHRINGER l✓ No.52-4W5206-SUMN County,9,3 for permission to locate accessory. CHAIRMAN Carri -_,ibn ExS res April 30,�5_ tennis court structure in an area other ' By Linda Kowalski than the required rear yard.Zone Dism, 7062-1TM23 r trict:R-80.Location of Property: 3055 Soundview Avenue,Mattituck; NY;County Tax Map No.1000-94-1- ` 14. 7:55 p.m. Appl. No. 4029 - CHARLES AN NGELA KYRI AKOUDES.Roque for.variance to the Zoning Ordinance, cle XXIII, Section 100-239AB for permission to locate portion of inground pool with fence enclosure and portion of deck- ing which will be located within 75 .. feet from the existing bulkhead,and ..Z wmait f sstt ,irmw:rum etxtasn B� NOTICE OF HEARINGS Greenport, Town of thold, NY, County Tax > No. ' NOTICE IS HEREBY GIV 1000-41-2-12.1. ;! CO U N l Y OF S U F FO L K 7:50 p.m. Appl. No. 4024-- ss: N,pursuant to Section 267 of RONALD STRITZLER,M.D. S•I*A�I',I: 01= NEW. YO IZ K he Town Law and the Code of he Town of Southold, the Request for variance to the Zon-I ollowing public hearings will be ing Ordinance,Article III,Sec- ield by the SOUTHOLD tion 100-33. for permission to! Patricia Wood,' being duly sworn, says that she is the IOWNBOARDOFAPPEALS locate accessory tennis court:, Editor, of l'HE LONG ISLAND TRAVELER-.WATCHMAN, it the Southold Town Hall, structure in an area other than ':lain Road, Southold, NY the required rear yard. Zone a public newspaper printed at Southold, In Suffolk County; 11971, on FRIDAY, JUNE 7, District:R 80.Location of Pro- and that the notice of which the annexed is a printed copy, 1991, commencing at the times perty:3055 Soundview Avenue, has been ,published in said Long Island '1'raveler-Watchman =pecified below- Mattituck, NY, County Tax j 7.30 p.m. Appl. No. 4028- Map No. 1000-94-1-14. once each week for . . . . . . .. . . . . . . . . . . . . . . . . . . weeks RICHARD OLIVERI.Request 7:55 p.m. Appl. No. 4C ✓ .or variance to the Zoning Or- CHARLES AND ANGELA3� linance, Article III, Section KYRIAKOUDES. Request for SUCCCSSIVCIy, commencing on the . . . . . . . i110-32 for permission to locate variance to the 'Zoning Or- *❑ew principal dwelling structure dinance,Article XXIII,Section clay / � � )g `./ with insufficient rear and side 100-239.4B for permission to yard setbacks. Zone. District: locate portion of inground pool R-80. Location of Property with fence enclosure and por- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Westerly side of Crescent tion of decking which will be Avenue, Fishers Island, NY, located within 75 feet from the County Tax Map District 1000„ existing bulkhead, and with a Section 6, Block 6, Lot 20.5v� distance shown at 75 feet from 7:35 p.m. Appl. No 4026- the rip-rap which is between the Sworn to� before m e this . . . . . . . . . . . . �� . . . . clay o f JAMES AND PATRICIA bulkhead and the mean 30YLE. for variance to Request highwater mark of Southold q Bay.Or,an Interpretation as to �� )9 9/ he Zoning Ordinance, Article Y rp • " " " " " " " " XXIV, Section 100-242A for which structural point the 75 ft. , permission to enlarge existing setback requirement shall be (particularly where more :ronconforming accessory from , IOuilding,located in the side yard than one structure exists.)Zone /; Q and front yard areas on this cor- District:R40.Location of Pro- :���,, -, �• , • , • • ;ier lot. Zone District: perty: 1425 Kimberly Lane, Agricultural Conservation (A Southold,NY;County Tax Map Notary Public Q.Location of Property: 10205 N 1000-70-13-20.9. BARBARA A. SCHNEIDER. North Bayview Road'and the 8' 1. Nos. 4011V NOTARY PUBLIC,St^te of New York Easterly side of a Private Road, a d 4010SE- equests by No.4806846 Qualified in Suffolk Coyynty J SEPH D LINDASouthold,NY,County Tax Map Commission Expires�j31 No. 1000-79-5-20.5. FIS I concerning pro- 7:40 p.m. Appl. No. 4025- perty known as 235 Oaklawn ESTATE OF JENNIS HARRIS Avenue,Southold,NY:County by Robert Taylor.Request for a Tax Map No. 1000-61-3-3.for:(1) variance to The Zoning Or- a Special Exception to the Zon- dinance, Article XIV, Section ing Ordinance as authorized by 100-142, 100-141, 100-241A, for the Board of Appeals under Ar- permission to enlarge existing ticle VII, Section 100-71, and, rioncomforming dwelling in this (2) if necessary, a variance to Light Industrial (LI) Zone establish professional and District with a proposed addi- business office use on this 11,656� Lion having insufficient side and sq. ft. nonconforming parcel: front yard setbacks.Location of Zone District:Residential-Office Property: 21755 County Road (RO . •48,Cutchogue,NY;County Tax The Board of Appeals will at Map No. 1000-96-1-18.1. said time and place hear any and 7:45 p.m. Appl. No. 4027- all persons or representatives HALSEY A. STAPLES. Re- desiring to be heard in each of quest for variance to the Zoning I the above matters.Written com- Ordinance,Article XXVIII,Sec- ments may also be submitted tion 100-281A(7)for permission prior to the conclusion of thel to construct new principal dwell-: subject hearing. Each hearing will not start before the times ing structure upon premises: designated above. For more in- which is nonconforming and j formation,please call 765-1809. has not been held in single and' Dated: May 10, 1991. separate ownership as exists BY ORDER OF THE since April 9, 1957. Lot is non- SOUTHOLD TOWN conforming, having a total lot BOARD OF APPEALS area of 33,668 sq.ft.and 25.ft. GERARD P. GOEHRINGER . frontage (width) along Mid- C14AIRMAN dleton Road in the Hamlet of 02 ,By: Linda Kowalski APPEALS BOARD MEMBERS l; :: 5. a SCOTT L.RABBIS �,► ,„ A. ,. Supervisor Gerard P.Goehringer,Chairman V^.. Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. - _, � P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516).765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure ��- p Copies of the Legal Notice for Hearings to be held 6/7/91 were sent to the �� following on 5/14/91: Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 5/13/91 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. z Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 Environment East, Inc. £ RR #3 - 3075 Indian Neck Lane Peconic, NY 11958 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 Ronald Stritzler, M.D. 51 Stirrup Lane ROSLYN Heights, NY 11577 Mr. Michael A. Michel, ASLA � �� � Michel & Associates 9 Village Square Glen Cove, NY 11542 Mr. and Mrs. Joseph Fischetti, Jr. 1725 Hobart Road Southold, NY 11971 �O��FF D�KCOGy JUDITH T. TERRY iC Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G ►Tt Southold, New York 11971 MARRIAGE OFFICER y S Fax (516) 765-1823 Off" Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: ZONING BOARD OF APPEALS FROM: OFFICE OF THE TOWN CLERK DATE: FEBRUARY 26, 1991 RE: ZONING APPEAL NO. 4010 Transmitted herewith is ZONING APPEAL NO. 4010 (SPECIAL EXCEPTION. APPLICATION) :for LINDA FISCHETTI together with the Notice to Adjacent Property Owners, the Pre-Existing Certif- icate of Occupancy, the Notice of Disapproval from the Building Department, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, the Site Plan, and a drawing of the First Floor,, and a letter from Joseph Fischetti, Jr. to the Zoning Board of Appeals Judith T. Terry Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of . NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I That i he in on"of the undersigned to petition the Board of Appeals of the Town of Southold to request ariance ecial Exceptio ) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 235 Oaklawn Avenue, Southold 3. That the property which is the subject of such Petition is located in the following zoning district: R.O. Residential Office District 4. That by such Petition, the undersigned will request the following relief: 1. Special Exception use as permitted for Professional/Bus . office 2 . Reli,,f. from the 40 ,000 square foot lot requirement 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought,by the under- signed are Article V I I Section 10 0-71 B j ] Section 280-A, New York. Town Law for approval of access over right(s)-of-way. 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) 7E 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. Dated: Petitioner Owners ' Names : Linda k'isch.etti Post Office Address 1725 Hobart Road Southold. New York i1971 Tel . No . ( 516 ) 765-2954 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] FEB 2 51991 I K PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Dr. John C. Campbell Main Road Southold. New York 11971 John Kuczynski 1375 Ackerly Pond Road Southold, New York 11971 Rensselaer Terry Oak lawn Ave Southold, New York 11971 Presbeterian Church Main Road Southold, New York 11971 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) 'jOS pG hSG1W 14/ , residing at , being duly sworn, deposes and says that on the E S' day Of , 19 `l , 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 asses of wn of Southold;that said Notices were mailed at the U d States Post OT- fice at SDJs n ro ! ;that said Not'c s were ile to ea of s 'd persons by certified registered) ail. Sworn to before me this day of "1;:g1Q . , 19 9— JOSEPH FISCHETTI, JR. PROFESSIONAL ENGINEER lff'A�g !L&"_ ,Hobar>' Road Notary Publvc Southold, N, L 11971 (This side does not ha''.v,e to be completed on form transmitted to adjoining property owners . ) P-271---448 982_ _—_ —____ ___ P 271 448 984 _- P_ 271-4.48 983 —__— __ __— P 271--- 448- 985 RECEIPT FOR CERTIFIED MAIL— RECEIPT FOR CERTIFIED MAIL- - RECEIPT FOR CERTIFIED MAIL - - — RECEIPT FOR CERTIFIED MAIL- NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL — NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) — (See Reverse) NSent to D�,_s /��.ri/ N Sent to Tin_-_ 1/G rysl� Sent to iv.5 �` � Sent to \r¢ J� f_ 0 Street and No. Off/ 7f/� „� m Street \�rrd7�aJ(/✓W! l�iJ m Street and Now /���I o Street an[J / �F/f1G_ �/r}'� `�!' n y P.O., ate a ZI e P.O..Sta P.O..State W. P.O.,St�daD Vd 4[`2d li9 7/ /Postage S t7 ? Postage S g ? Postage S � Postage S Certified Fee Certified Fee Certified Fee Certified Fee Specialaelivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restrict; liv ee9. Restricted Delivery Fee i s Restricted Delivery Fee Return Receipt _ Retu cei g ;qa Return Receipt showing / j1 Return Receipt showing to whom an D tow and verP to whom an eyed l 1 (f to whom and Date Del Return �9� !�• Returmpeceipt LKcwrnb to kho Retuco rn om. ' rn Return Receipt Date.t. .d Endres f l 'vii rt Date.-4d Addre^�rtttliv 'v Dale. m :� r - - n n m t ;. Date,and Add yf het very TOTP Vista a ac+n Fges -- — �+ g a TOTAL Post _ nd t, g S 0 TOTAL osla a and Fees S TO IslaFees ^) _ 0 Post r or Datd, 4_ r'Go m Postmark Cate w�- m Po.r r�yk or Da J m Postmark or ,�e `�� ) EF 9 l E E `r, E & LL a U. - a� a a a FORM NO.3 =5 . '''I .c•,. TOWN OF SOUTHOLD BUILDING DEPARTMENT iI TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL + i� Date . . . . . . . . . . . . .9. . . . :. f ., 19 To . . A- . . . -� . . . i �!! c. . ... i t , PLEASE TAKE NOTICE that your application dated 1' I for permit I f Location of Property No. c . LOut!-yt 1.�, cJ�Q douse . r1 . . . . . . Street Har,71et ry County Tax Map No. 1000 Section . . . . .Wp. . . . Block . . . . Q' . Lot . .�. . . ' . . � Subdivision . . . . � I + f.I Filed Map No. Lot No. is returned herewith and disapproved on the following grounds ���-. � E�.,,t • 00. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . � • � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r; I . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . Its . . . . . . . . i . . . . . Buil� ng Ins .pector . . . -f' t j!RV 1/80 FORM NO. 4 : TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. } PRE EXISTING CERTIFICATE OF OCCUPANCY No� Z-19746 DATE: February 21, 1991 THIS CER1`IFIES that the building ONE FAMILY DWELLING Location of Property 235 OAKLAWN AVENUE SOUTHOLD, NEW YORK _ House No. Street Hamlet County Tax Map No. 1000 Section 61 Block 3 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private One Family _ Dwelling built prior to: APRIL 9, 1957 pursuant to which 's N CERTIFICATE OF OCC. #Z-19746 dated FEBRUARY 21, 1991 i was issued, and conforms to all of the requirements of the applicable I i provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY COAL BIN & PLAYHOUSE i Theicertificate is issued to LINDA FISCHETTI _ (owner) i i of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A I PLUMBERS CERTIFICATION DATED N/A j *PLEASE SEE ATTACHED INSPECTION REPORT. G i Building Inspector Rev. 1/81 41 i QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) B. Is the subject premises listed on the real estate market for -�. salq,­or being shown to prospective buyers? { } Yes No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes { } No , / D. . 1. Are there any areas which contain wetland grasses? yy O 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and ' the upland building area? WU 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tgw Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co truction at or below five feet above mean sea level? �r/� (If not applicable, state "N.A." ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? _Nt�q If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you o any co-owner also own other land close to this parcel? lJ If yes, please explain where or submit copies of deeds. I. Please list p es nt se or operations conducted at this parcel S f; and proposed use pleo 0-06 ,o O JOSEPH FISCHETTI, JR. t PROFESSIONAL ENGINEER Auth ized Sign ture and Date Mobar} Road _ I.wt J a /7 5liliQ Southold, 'N, y, .I 197,1 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: L -rr LL� v A. 1IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but -not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land;"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-85 617.2 Appenrii;, �. SCE R State Envircinmental Quality Revie w SHORT ENVIRONME�JTq L ASSESSMENT FORM? PART I—pRoJECT INFORMATION To For UNLISTED ACTIONS Qnly t. APp f be comnleted by Applicant or p LI NT I�S..J/PONSO�/R� L/ Project sponsor) ��V/� ✓ /S( 'ke 2. PROJECT NAME 3. PROJECT LOCATION: / • INunlefoallty Sv v t-,ry /4Co 4• PRECISE LOCATION(Street address and road intersection ominent landmarks Uetc 2 etc or Provide map) S. IS PA0POSED ACTICN: ❑llew ❑Esoanslon CRIB 6- DES ltoolfieatlonlalferatlon. E PROJECT BRIEFL 7. AMOU:Jr OF LAND AFFECT D: Initialiv A- * / 8. VIILL PROPCSEC%•CTIO:� acres Ultlmatvly CC:.SPLy WITH EXISTING ZONING OR OTHER acres Yes ❑No It No•describe brletty EXISTING LAND USE RESTRICTIONS? 7, WHA r IS PRESET L Ario USE IN VICIr/1iY OF PROJECT? Res�dcnttal ❑industrial Oescnoe: Commercial ❑ r Agriculture ❑parWForestlppen stiace ❑Other W. CCIS%.C: STATI,^,:r INVOLVE A PEAMIT APPROVAL•OR FUNOIlrG,NOIN OR U 57ATE OR LCCAL)7 LTlhfAf �( ELY FROM ANY OTHER GOVERNME ❑Yes L,E1 No •• - N TAL AGENT IFtDERAL, 1 II Yes,list agcncyts)and permmaPprovals t 1. COES ANY AS ECT CF TH ❑Yes E AC7IUlI HAVE A CUriRENiLY VALID PEAhtIT On APPROVAL? !lo It yes,Itst agency name and permit/aOProval • 12. AS A HESULI`OF PROpOSEO A ' c.TlOrl WILL EXISTING PERhtlrinpp{ZOVgI REQUIRE MODIFICATION? Y•l ❑f10 1 CERTIFY THAT THE INFORMArtorl pROV10 / -1 f1--•t� / // EO ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AD011eanit30onsor name;^ L��1 L�/a / /SC/•�eYrif / Slgnaluty: / �1 �, Data: I! the action is in the Coastal Afea• and you are a CDastal assessment For state agency, complete the m before proceeding With this asSessmenI OVER 1 (Continued on reverse side) r• vironmental e Sn Quality Review sl rnof this form, and an environmentalrvw illbemeLy thi �ad before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information'concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. e (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes 2. Will there be a major change to any unique or unusual land form on the site? Yes No 3. Will project alter or have a large effect on `an existing body of water? _Yes No 4. Will project have a potentially large- impact on groundwater quality? f _Yes No • 5. Will project significantly effect drainage flow on adjacent sites? .Yes V_No 6. Will project affect any threatened or endangered plant or animal species? _-Yes t/No 7. Will project result in a major adverse effect on air quality? Yes r/vo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas f known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicdl importance or any site designated as a critical envircnmental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes N 11. Will project result in major traffic problems or cause a major effect to existing transportation .systems? —Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? - —Yes No 13. Will project have any impact on public health or safety? - / Yes pO 14. Will project affect the existing community by directly causing a growth in Permanent popula- tion of more than 9 percent over a one-year period or have a major negative effect on the . Yes N° character of the community or neighborhood? 15. Is there lic controv s JOSEPH 'FlscHE project? concerning the 'OROFE21ONAL ��' R• 'Hobart ENGINEER Preparer's Signature: 'Southold Road L . 1147E Representing; )?il _ Z9a y/75 Date: 2, 2'S/yJ ,14-16-4(2/871—Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT!SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality County, 4. PRECISE LOCATION(Street address and road intersections,Prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑ModificatloNalteratlon 6.`DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 13 Residential ❑Industrial �Q Commercial ❑A riculture Describe: 9 ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVEflNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes ❑No If yes,list agency(s)and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ❑No If yes,list agency name and permitiapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ❑No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantisponsor name: Date: Signature: Elfthe action is in the Coastal Area. and you are a state agency, complete the Coastal assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in .the subject premises and a description of their interests: (Separate sheet may be attached. ) rM� B. Is the subject premises listed on the real estate market for - salter being shown to prospective buyers? { } Yes { ✓} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there a:£iy proposals to change or alter land contours? { } Yes No D. 1. Are there any areas which contain wetland grasses? lyv 2. Are the wetland areas ,sown on the map submitted with this application? Al 3. Is the property bulkheaded been the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co truction at or below five feet above mean sea level? (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? lye If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /y If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you o any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list resent u e oFj operations conducted at this parcel s /GE 5 and prop ed use — v s � a JOSEPp 1 FISCHETv JR._ PROFESSIONAL ENGINEER 'Hobart ad Auth rized S gna re d ate Southold, !►, Ya 119.71 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L.No.6-1985]: L 1 v' A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but-not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the'Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-2s-a5 - Legend - - RET"'° U COUNTY OF SUfFUM . c..nL�. ..;,;.. __ __ x,,...,n,m«u.._—x.__ SLe.i«rL«w. ne ^ —00 _— Real Property Tax Service Agency FILltDEOF 060 D...,_r i..r Lr•• -- •«.D:«�«L:•. __.._. P•r...P•x:ar L-._ P.—_'J•N D.-..•h 6Y \I ' ,C.LEmf[fi •, s•L'^ —____ Li}„p;«.�..L�.• _—.L--- e'«EP. X•�•eD�.•.•:w" e]', Courtly Cenlef DIS7PICTND.I000 �,—,� pi•,s L,.r, _—_— P.,N.,:,<.u.. _ r•�x.. n mow— ']"'� Riverhead,L.I.,New York D«••�c•..d•r«, PROPERTY MAP P P o- ' ..� s•,•d D..,.:«EN• __vn-_. s..n•.r.:.L:". _—s'-- s.e,.,:..r ei«,x. rnl c.�r.i«•e e... ue o-, t 1 • t e .; 45 .;ZM1 �i• ' ep,t� „ o SR. o• s. 9. • "b. °y4�°� i9i^g t. ,\i+ t, 9e20..') Y` b ..•M1•cM1 / o z se •+ « 1-0 yN +•^ t °•`" Rp. =o°aoe a \t �'i N\� �• ® " 7 ar 92 Sb; g . t % \ 0, M1 Sa F G a 'S.• •° `O tNo e,5•\`` f 5OJ \ , 3 f�Ft l rd f is czlr- T?/c :Em `. ...... ......... s: �0 p..D legend >/ KEY"1P or.f L.. —-- ....P.. ---...T..,u•. -- r a.....,,... Ei P i 'I r, •rf>r.OF—SOUTHOLD SECTION No. x...__ yM...,.rL« ,,,, � COUNTY OF SUFFOLK __.___ i - � 7 f �I � J% !^• �. ' _' Sail :, � ;,� �`' ��� `'ram ::=i