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HomeMy WebLinkAbout3759 ti VT APPEALS BOARD MEMBERS , '- ' SCOTT L. HARRIS Gerard P. Goehringer, Chairman ��''�+ y.. �. Supervisor Charles Grigonis, Jr. � ,� t Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS' , Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF-SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of Tony Scarmato, Inc. for a Variance the Zoning Ordinance, Article XI, Section 119.2,. for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in. the matter of the Application of TONY SCARMATO,, Inc. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board .has carefully considered all. testimony and documentation submitted concerning this application' WHEREAS, the Board Members have personally viewed 'and are familiar with the premises in question, its present zoning, and the surrounding areas; and 1. This is an application for a Variance under Article -XI, Section 100-119.2 B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet, (revised to be 4 ft. 10 inches away from the Bulkhead) from the ordinary highwater -mark along Peconic Bay (or Orient Harbor, and 6 feet from the existing bulkhead (which exists 40 ft. landward of the highwater mark) , as shown on the sketched survey submitted with this application (revised February 15, 1990 to show that the gazebo will be 4' 10" away from the bulkhead) and depicted by the recent photograph„ (part of the file) . Page 2 - Appl. No. 3759 Matter of TONY SCARMATO Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3 . For the record it is noted that the property was the subject of prior application under Appeal No. 1662, rendered September 28, 1972 and under Appeal No. 1623, rendered August 10, 1972, which. address limitations of the nonconformities at the premises. 4. Article XI, Section 100-119.2 B, of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rip or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was Page 2 - Appl. No. 3759 Matter of TONY SCARMATO Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of . 86+- of an acre. 3. For the record it is noted that the property was the subject of prior application under Appeal No. 1662, rendered September 28, 1972 and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. 4. Article XI, Section. 100-119.2 B, of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rip or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was TTE Y/�'�)7 0 7.."- Town C' �, `� APPEALS BOARD MEMBERS u ^ >" n�+ SCOTT L. HARRIS � �..�. �. �Fa�� Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki R.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of Tony Scarmato, Inc. for a Variance the Zoning Ordinance, Article XI, Section' 119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the matter of the Application of TONY 'SCARMATO, 'Inc. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board .has carefully considered all testimony and documentation submitted concerning this application' WHEREAS, the Board-Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and 1. This is an application for a' Variance under Article -XI, Section 100-119.2 B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet, (revised to be 4 ft. 10 inches away from the Bulkhead) from the ordinary highwater mark along, Peconic Bay (or Orient Harbor, and 6 feet from the existing bulkhead (which exists 40 ft. landward of the highwater mark) , as shown on the sketched survey submitted with this . application (revised February 15, 1990 to show that the gazebo will be 4' 10" away from the bulkhead) and depicted by the recent photograph (part of the . file) . Page 2 - Appl. No. 3759 Matter of TONY SCARMATO Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area . of .86+- of an acre. 3 . For the record it is noted that the property was the subject of prior application under Appeal No. 1662, rendered September 28, 1972 and under Appeal No. 1623, rendered .August 10, 1972, which address limitations of the nonconformities at the premises. 4 . Article XI, Section 100-119-2 B, of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip'-rip or similar structure exists and which is adjacent to tidal water bodies other than the Long Island. Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: ( a) the relief requested is not ', substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was JV Page 3 - Appl. No. 3759 Matter of TONY SCARMATO Decision rendered October 6, 1988 RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, for the placement of accessory (gazebo) structure with an insufficient setback from the bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there .be no lighting which would be adverse to neighboring areas; 3 . That the accessory structure remain as a gazebo and not to be converted for any other use (except by approval of the Board of Appeals) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen. (Member Sawicki was absent due to serious family illness. ) (Member Dinizio abstained) . This resolution was duly adopted. The Hearin of TONY SCARMATO Ap peal ppeal No. 37-5-9 -was==re,-opened �. on=Kebrua_r-y=.15�,, 1990 to add new measurements on the parcel showing that the gazebo is in actuality U-feet=„l0 inches away from the bulkhead, which is shown on the survey that has been revised as of February 15, 1990 to render a decision onjMatch 1. RESOLVED, to GRANT a Variance in the matter of the application of TONY SCARMATO as applied for placement of a Gazebo as located on the survey to be A feet 10 inches away from the bulkhead. lk/df GERARD P. GO HRINGER/CHAIRMAN 6 , COFOI ,, x, J_zrat , r Southold Town Board of � -� Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on Thursday, February 15, 1990, at the following times: 7 : 30 p.m. Appl. No. 3910 - SOUTHOLD AGWAY. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1) , Section 100-231 A, for permission to construct a 6 ft. high fence in- front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax map No. 1000, Section 60, Block 1, Lot 5. 1 Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 15, 1990 ' 7:35 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the . Zoning ordinance, Article XXIII, Section 100-230 C ( 1) , Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area, fence exceeds permitted 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 7 : 40 p.m. Appl. No. 3759 - To conduct a hearing of October 6, 1988, after decision has been rendered in the matter of ANTHONY SCARMATO 12ft Property Location: 235 Huckelberry Mill Road, East Marion, NY; County Tax Map No. 1000, Section 31, Block 16, Lot 9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated February 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda L FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . ... . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . 19 . . To 714w;) ( '^. ' ` . . . . . z 1 LEASE TALE NOTICE that your application dated . t=. . . .va.2 . . . . . . .. 19 �. . for perniit to constnict . 1... . . . . . . . . . , , • „ . . . . . . • . . . . ... at Location of Property - !' Housc No. Street Hamlet County Tax Map No. 1000 Section . . . . .C' I . . . . Block . . . . . . . . Lot P l. . . . . . . . . . . Subdivision . . . . . . . I-iled Mal) No. . . . . . . . . . . . . . . . . Lot No . . . . .. . . . . . . . . . . . is returnee! herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building.Inspector nv 1/2o TOWN OF SOUTHOLD, �4N�Y ' ►Y V APPEAL FROM DECISION OF BUILDING INSPECTOR 'APPEAL NO. JUL b DATE „July l !. 1988 TO THE ZONING BOARD OF APPEALS, TOWN OF 1 TONY SCQRMQTO, INCs..........................of ................16 West„46th ,Street..................... Name of Appellant Street and Number ......................New York New York HEREBY APPEAL TO ................................................................. .... ........... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ......Aril 27, 1988 .................. .... WHEREBY THE BUILDING INSPECTOR DENIED TO J. Kevin McLaughlin,a/c..Tong.Scarmato . .. ... ... .. .. . Name of Applicant for permit of 828 Front Street Greenp6rt New York ...................................................... ......................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .235..Hucke1berry.Mill Road, East Marion Street /Hamlet / Use District on Zoning Map District 1000 Section031 Block0161-ot 09...Current Owner Tony Scarmato, Inc. ........................................................ ...................... 1VIap No. Lot No. Prior Owner 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.) Article XI Section 119.2 3. TYPE OF APPEAL Appeal is made herewith for (.Please check appropriate box) (,X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (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 z ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance. is requested for the reason that the appellant had a gazebo erected upon his premises within 7511 of the water. At the time of purchasing the gazebo, the appellant was assured that all necessary permits would be obtained; Form zsi (Continue on other side) ..,' cPA \ J ` 1 REASON FOR APPEAL ati' ., w, Continued 1. STRICT APPLICATION OF :THE,ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the appellant in good faith relied on the assertion that all permits would be''obtaine"d. "`Tfi6 'Appellant did not intentionally violate the required set back from the water. To now require the appellant to remove the existing gazebo would be an unfair burden upon him and there is no other suitable location on his property for this gazebo. 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 the appelant's property is fully bulkheaded.. The gazebo is placed approximately 46' from the water and between a steep bank and the bulkhead. There is actually no other useful location for the gazebo on the property. 3. The Variance would observe the spirit of the Ordinance and WOULD N07 CHANGE THE CHARACTER OF THE DISTRICT because several houses in the district are located closer to the water than the appellant's small gazebo. This small accessory building will have no adverse impact on the neighborhood and will actually enhance the surrounding properties. STATE OF NEW YORK ) / ss ... .. ... , .... ........ COUNTY OF SUFFOLK ) Signatur Swornto this .............................................. day o .................. ............ ................... 1988 Notary Public LAURIE E.GRAEB Notary Public,State of New York No.4821818,Suffolk County Term Expires September 30,1988 ■■■9■■■ MONSOON■ ■OMEN■■■■■ .:. °;:� y, � :; ;: ' - I■■illy■ ■■■■■M■MM■E■■■N■N■■ .. irIrP-,Eu 111■■ ENS■■■■■■■■SOS■MM■■ fir:,: 'pr, 1 ,. =S■©i�iWE _�:_yl■MM��i■M�i����■ia■■■ 'gar,°''Yl" .'gp"' RS}<1n"g',+Y ' r e'+�t �y. ■�_�/ lk " K:.• fxa. _•i-rmn - "'R�3r` 'rcn .a:ta M°K*.'—°k„_ ■■■��■■ ���r�����NMM■■M■M■■N M. Bld ON in MMA ' __C• - - n •• Rooms 1st Floor L TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT A 3 ►.. ,'-cFf� Cry t ' !�' ;(,!. ..1 �-. L-SG FORMER OWNER N r) / E� ACR. j Q S W TYPE OF BUILDING SCA M !aNe.. �• K�lv�rzo��c RES. SEAS. VL. M COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 4. �GE 6 0 o BY I DI G C8 T N 7•1 a$/ 9 So�D 'Na SrAmPs /oN SCAM A;o e. is io C NEW `a o ORMAL BEL A OV �l C. /6�3/f FARM Acre cLe Per Value Acre � `ice. ..�i.;.,•, .•� _a f� Tillable 1 1 HrL I OB6 ` -, -3 9 Tillable 2 - Tillable 3 C c�- 9 7740 Woodland -- o ,3 S •� 3`� /I.9 0 t y I FRONTAGE ON V�ATER �^ Swampland .. t_� ,/ 3��,o o _ yn Brushland FRONTAGE ON ROAD „ a House Plot DEPTH r s s BULKHEAD kh DOCK i a s i �.Mfp.. vyr.ya/py/y ...n +•+YHw..-n.r-. ...M•+M••.•,...., ... . .. 177= H.f JL �� 30 iy ' so.49 u•f ��i _• 07 0 1 \ ` N� NT • • � V` U y U 11 I ` Ll-16 I co fit.. d -- / P; MAP OF P�eo��ae'rY +� .. . Sux w4f YAA E4 7- *NNW it :: ``; �O/V`Y �G/b+RMATO, 1. NC• br.�r. AT' ram. toy C04IM EASr MBAR/o/Y MI tram AM.. hmot MIRA GL/oro>►tcad •��+^ ,.. - VAN T Y :� ;�- • iron.�o%pe .,I;; ?Z-. V4217 .�.. •,yj.:�. rya: ,. „ G • �oarc� . Southo Town Board of. Appeals -2- August 100 1972. The Boar Inds that the public conyen&sync® and welfare d justice will be rued and the legally established or per ted use of neighborhood pr ®rty and adjoining use d .s�tricts grill not be permanently or substa .ally injured and the spit of the Ordinance will be observed. On motion by Mr. Bergen, econded b Hulse, it was RESOLVED Emma Enterprises, In . , Main Road..' Mattituck, New York, be GROTED permission to locate dff omises subdivision identification sign on property of Leonard loca on the south side of Peconic Bay Boulevard, Laurel, Ne ork, subject o the following conditions: 1. That the si LAUREL COUNTRY ESTATES a located at least 10 feet sofith of the property line. 2. Thi permission shall be sub-'act to all ru es and regulations erning signs in the Town of Southold as s ted in the Southold Town Zoning Ordinance. 3. Permission shall expire in two years. Vote of the Board: Ayes:- Messrs: Gilli:pie, Bergen, Hulse PUBLIC HEARING: Appeal No. 1623 - 7:35 P.M. (E.S.T. ) s, upon application of Alan Cotgreavo, Huckleberry Hall, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less .than required area and frontage. Location of property: Huckleberry Hill, East Marion, New York, bounded north by Right of Way, Wenk and others; east by other property of the applicant; south by Peconic Bay; and west by TzBar. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers,, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? .MARILYN NORIKELUN: I am appearing in their behalf.. TIM CHAIRMAN: Would you bay that March 15th would be the earliest date that these cottages would be used? MRS. NORKELUN: There is no hear in them so it would be later. Southold Town Board of -Appeals -3- August 10, Y2 THE CHA RM&N: This is entered by a private right o way. Do you know the reason for these dotted lines y? MRS. NORKELUN:, That's a fence. The fence will follow this line when it's divided. THE CHAIRMAN: is there anyone else who wishes to speak for this application? (There was no response.). THE GUIRMAN:' Is there anyone present -who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with less than. required area and frontage. The Board finds that. applicant owns property, off a private right of way, called Huckleberry Hill, East Marion, Now York, running from an existing road to the beach, Peconic Bay, and that the property totals .97 acre. The Board finds that the proposal is to keep the main house and separate three houses for sale. The houses to be separated are in the These western portion of the lot consisting of about 3/4 acre. are summer cottages without heat. The. Board agrees with the reason- ing of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this propor.ty and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of .the Ordinance.. On .motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED Alan Cotgreave, Huckleberry Hill, East Marion, New York, be GRANTED permission to divide property with less area and frontage than required, located at Huckleberry Hill, East Marion, Now York, as applied for, -subject to th® follo,4ing conditions: 1. That the use of these three summer cottages shall remain strictly for seasonal use during the period from March 15 through November 15 (eight months) . 2. That any improvements which may be applied for in the future (in the event that those three cottages are sold) shall require the approval of the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gilli pie, Bergen, Hulse. dr .c 1 S S hold Town Board .of Appeals -10- September 28, 1972 The Boa Inds that strict. application of the Ord .af� would produce pr ical difficulties or unnecessary-hardship; the hardship created is 'que and would not be s. ed by all properties alike in the immediate v nity of this preq5erty and in the same use district; and the varian will nat'change the character of the neighborhood, and will obser the spirit of the Ordinance. On motion by Mr. Berge.., seconded b lr. Grigonis, it was RESOLVED Anthoiappa a/c Nicholas S�awha, Acorn Avenue, Farmingville, 'New o k, be GRANTED permission to re a the established (avarage ) setback on premises located on Lo 6, Map of Saltaire Estates, Mattituck, New York, as applied f o Vote of the Board: ,Ayes :- Messrs: Gillispie, Bergen, Grig is, Doy PUBLIC HEARING: Appeal No. 1662 - 8:35 F.M. (E.S.T. ) , upon application of Tony g,carmato, 11 West 46 Street, New York, N. Y. , for variance and modification of previous action of Board of Appeals in accordance with Article III, Section 301 of Zoning Ordinance. Location of property: Private Road (Huckleberry Hill Road) off west side of Bay Avenue, East Marion, New York, bounded north by Wenk & Baltz; east by F. Mandaro; south by Gardiners Bay; west by F. LeBar. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance and modification of previous action of Board of Appeals, legal notice of. hearing, affidavit attesting to its publication in the official newspapers, and notice to, the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak f or this application? IRVING L. PRICE, JR. , ESQ. : I am here to represent the applicant. THE CHAIRMAN: The application states that the reason for the appeal is "amendment of decision of Zoning Board of Appeals dated August 10, . 1972 for the reason that applicant, as contract purchaser, wishes to vary conditions under which original variance to divide property was granted.$' The application is signed by Irving L. Price, Jr. MR. PRICE: I would like to have the decision of August 100 1972, changed to read "to improve westerly building on premises into an all year single residence and to us® a two smaller buildings on east for accessory use as residences for one week in each of the mon s from November 15 to March 15". The previous decision read "easterly" building on premises, otc. , and two smaller ,buildings on "west". J - Southold Town Board of Appeals -ll- September 280 1972 THE CHAIRMAN: Is there anything else that you wish to add? MR. PRICE: ' In our informal discussion on September 7th it was indicated that the present request would be satisfactory. THE CHAw1R14AN: 11his is a confirmation of our informal dis- cussion. We were trying to minimize as much as possible any increase in density without depriving a man the use of his property. We understand that he wants to make a year round residence of the larger house. I believe that we stressed that there should be no change in the outside dimensions. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection" the Board finds that applicant requests modification of the original decision of the Board of Appeals dated August 10, 1972 concerning application of Alan Cotgreave, Huckleberry Hill, East Marion, New York, for the reason that applicant, Tony Scarmatop contract purchaser of Cotgreave, wishes to vary conditions under which original variance to divide property was granted. The original application was granted with the stipulation that the cottages remain strictly for seasonal useage during the .period from March 15 through November 15, 8 months. Applicant requests permission to use the cottages as an accessory use during the remaining four months. of the year. The Board finds that strict application . of the Ordinance would produce practical- difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the. spirit of the Ordinance. On motion by Mr. Gillisp ie, seconded by Mr. Grigonis, it was RESOLVED Tony Scarmato, 11 West 46 Stroet, Now York, N. Y. , be GRANTED modification of the original decision of the Board of Appeals dated August 10, 1972, as applied for, subject to the following conditions: That there bo no enlargement of the two small buildings to the east which may be used as accessory uses to the main residence for one week out of each month during the period from November 15 through March 15. The main house when it is remodeled shall meet all requirements of the Housing Code. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Y5>p 1 APPEALS BOARD MEMBERS ® SCOTT L. HARRIS I Supervisor. Gerard P. Goehnnger, Chairman a i Charles Grigonis, Jr. �1 yb� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. 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 Planning Commission : XX Variance from the Zoning Code , Article XI , Section119. 2 Variance from Determination of Southold Town Building Inspector; Special Exception , Article Section Special Permit Appeal No . : 3759 Applicant: Tony Scarmato , Inc. Location of Affected Land : 235 Huckelberry Mill Road , East Marion , NY County Tax Map Item No . : 1000- 31 -16-9 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . - - approval of COMMENTS: Applicant is requesting [min xft gazebo structure with with an insufficient setback from existing bulkhead Copies of Town file and related documents enclosed for your. -review. Dated : Apri 1 .24 , 1990 (�L91 SCOTT L. HARRIS APPEALS BOARD MEMBERS, `�- Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. `� Town Hall, 53095 Main Road Serge Doyen,.Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 7654800 April 16., 3 9.90 ,7 , Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato, Inc. Dear Mr. McLaughlin: Transmitted herewith for your file is a copy of the revised Decision of March 15, 1990 from the Zoning Board of Appeals. Please be sure to _return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to the Building Department to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda -Enclosure Copy of the Decision to: Building Department Suffolk County Planning ter,. U Southold Town Board of Anneals 4'r MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. February 6, 1990 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato (Variance) Dear Mr. McLaughlin: This letter will acknowledge receipt of your application for a variance 'and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearingon this -application is ,expected to be held on or about February 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience - during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Tony Scarmato dff COUNTY OF SUFFOLI, _ APR J ►��o PATRICK G. HALPIN v SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 April 25, 1990 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 of 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) Tony Scarmatoi Inc. 3759 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, Lt., NEW YORK 11788 (516)360-5192 \ ATTORNEY AT LA 828 FRONT.STREET,R O.BOX 803 GREENPORT,NY 11944 (516)477-1016 December 12, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000-31-16-9 Gentlemen: I have enclosed a copy of my letter to you dated March 6, 1989 , along with a copy of.Mr. Wieczorek' s response thereto. Obviously, the Building Department will not issue a Certificate of Occupancy for the gazebo until the variance is modified to reflect the true distance from the bulkhead, which is apparently 4 ' 10" . As indicated in my previous correspondence, the gazebo has always been permanently affixed at the same location. The six (6) foot figure was an approximation given to me by the applicant. The purpose of the original variance application was to allow the gazebo to remain where it had been contructed by the manufacturer. Please advise me as to what steps must be taken to modify the variance to reflect the actual situation as it exists. Ver ruly o r , J. in McLau�h in JKM/bl enclosures: ltr dtd 3/06/89 Mr. Wieczorek' s re ' se i ATTORNEY AT LAW' 828 FRONT STREET, P.O.BOX 803 GREENPORT,NY 11944 (616)477.1016 March 6, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 V Re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000 - 31 - 16 - 9 Gentlemen: My client has received a notice from the building department that the location of his gazebo is in violation of the variance obtained. As I am sure everyone agrees, the necessity for the variance arose because of the original placement of the gazebo by the contractor within 75 feet of the water. Therefore, application for a variance allowing the gazebo to remain as placed was made and granted. As part of the application, the applicant indicated that the gazebo was approximately 46 feet from the water and 6 feet from the bulkhead. In fact, the gazebo is 4 ' 10" from the bulkhead. The gazebo is also, and has always been, permanently cemented into the ground. The intent of the variance application was to allow the gazebo to remain as it then, and now, exists. Please advise me of how we can resolve this matter. Very truly yours, J. Kevin McLaughlin JKM/lg cc: Building Department rr VICTOR LESSARD Town Hall, 53095 Main Road PRINCIPAL BUILDING INSPECTOR P.O. Box 1179 Southold New York 11971 (516)765-1802 FAX(516)765-1823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD April 28, 1989 COP J. Kevin McLaughlin, Atty. 828 Front Street - P.O. Box 803 Greenport, New York 11944 Re: Building Permit #17867-Z Suffolk Co. T.M. #1000-31-16-9 Tony Scarmato, Inc. Dear Mr. McLaughlin: In answer to your letter requesting advice on how to resolve the problem concerning Mr. Scarmato' s gazebo the following is needed: 1. Relief must be granted from the Zoning Board of Appeals wherein the ( 6) six foot setback from the bulkhead must be 4 ' 10" . 2. An Underwriters inspection certificate of the electrical work must be submitted. to the Building Department. Thank you for your efforts to resolve this problem. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek, Ordinance Inspector VRW:gar .Southold . Town�:.Board_ of A is ppea MAIN --ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD October. 6 , 1988 MEMBERS GERARD P. GOEHRINGER; CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3759. PROJECT NAME: TONY SCARMATO, INC. 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. This board determines the within project not to have a sigiifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION :OF ACTION: Gazebo structure with insufficient setback from existing bulkhead along Peconic Bay LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 235 Huckelberry Mill Road, . East Marion, NY .31-,16-9 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from theweterfront or , tidal area a;s . other construction and/or a bulkhead in good condition. C Tie relief requested is a setback variance as regulated by Section 61713 6 NYCRR, . .SEQRA FOR FUATHAR INFORMATION, PLEASE CONTACT: Linda Kowalski; Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me the Zoning Ordinance, Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 nce in front- yard area,f nce exceeds permitted 4 STATE OF NEW YORK) ft. in height. Property Location: 358 North Sea D 've, Southold, )SS: County Tax o, l000,Section COUNTY OF SUFFOLK) 54,Block),Lot 19. 40 p.m. Appl.No.3759 —To . co duct a hearing of October 6, Pa ri i a HPdnP�r of Mattituek, In - 1933, after decision has been ren- dered in the matter of ANTHONY said County, being duly sworn,says that he/she is Principal _ SCAR-MATO INC. Property Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, ,NOTICE OF HEARINGS Location: 235 Huckelberry I fill NOTICE IS HEREBY GIVE\, Road, East Marion, NY; County published at Mattituck, in the Town of Southold, County of Pur Tax Dlap No. 1000, Section 31, Suffolk and State of New York,and that the Notice of which suant to Section 2a7 of the Town Block 16,Lot 9. `aw and the Code of the Town of The Board of Appeals will at said the annexed is a printed copy,has been regularly published in >outhold, the following hearings time and place hear any and all per- All be field by the SOUTHOLD sons or representatives desiring to said Newspaper once each week for 1 — weeks :'OW.N BOARD OF APPEALS at a. be heard in each of the above mat- successively, commencing On the 8 t h dayof regular Meeting, at the Southold ters. Written comments may also ;own Hall, Main Road, Southold, be submitted prior to the February 1990 �-Y 11971,on Thursday. February conclusion of the subject hearing. 5, 1990, at the following times: Each hearing will not start before 7:30 p.m. Appl. No. 3910 — time allotted. Additional time for ;OUTHOLD AGWAY.Variance to your presentation will be available,. ~ :'ie Zoning Ordinance, Article if needed. For more information, :XIII, Section 100-230 C (1), please call 765-1309. section 100-231 A, for permission Dated February 6, 1990 construct a 6 ft. high fence in BY ORDER OFTIIESOUTHOLD Principal Clerk -ont yard area. Property Location: TOtiV.\BOARD OFAPPEALS 705 Youngs Avenue, Southold, GER4RDP.GOEHRL\GER ` 'ounty Tax Nlap No. 1000,Section CHAiRNLAN ),Block 1, Lot 5." By Doreen Ferwerda I Worn to b f0 me this NIARY K.DEGNAN 7:35 p.m. Appl. No. 3879 — 6563-ITF3 HARLES MALONE. Variance to iJ1ARY P1!t'IIC,State of New York /n. day of 19 ;:,!rnty30.4�498&0 ra r_:;sires rebruary yf 19 COUNTY OF SUFFOLK NOTICE OF HEARINGS STATE OF NEW YORK . ss: NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Patricia Wood, being duly sworn, says that she is the Code of the Town of Southold, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the following hearings will be held by the SOUTHOLD a public newspaper printed at Southold, in Suffolk County; TOWN BOARD OF APPEALS and that the notice of which the annexed is a printed copy, at a Regular Meeting, at the has been published in said Long Island Traveler-Watchman Southold Town Hall, Main Road, Southold, NY 11971, on once each week for . . . . . . . . . . . . . . . . . . . . . ./. . . . . weeks Thursday,February 15, 1990,at the following times: successively, commencing on the T 7:30 p.m. Appl. No. 3910- y g . . . . . . . . . . . . . . . . . . . . . . SOUTHOLD AGWAY. Variance to the Zoning Or-.. day of . . . . . . . . . . . .. ., 19 .9U. dinance,Article XXIII,Section 100-230C(1),Section 100-231 A, for permission to construct a 6 • • • • • • • . . . ft.high fence in front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax Map No. 1000, Section 60, Block 1, Lot 5. Sworn to before me this day of 7:35 p.m. Appl. No. 3879- " " CHARLES MALONE. Variance_ to the Zoning Or- dinance,Article XXIII,Section 100-230C(1),Section 100-231 A, for permission to construct a 6 ft.fence in frontyard area,fence j exceeds permitted 4 ft.in height. / ✓� ✓ Property Location: 358 North Sea Drive, Southold, County j Notary Public BARBARA A. SCHNEII)ER Thx Map No. 1000, Section 54, NOTARY PUBLIC,State of New York Block 5, Lot 19. No.4806846 7.40 p.m.Appl.No.3759-To Qualified in Suffolk County conduct a hearing of October 6, Commission Expires 1988, after decision has been rendered in the matter of AN-, THONY SCARMATO INC. Property Location: 235- Huckelberry Mill Road, East- Marion, NY, County Tax Map- No. 1000,Section 31,Block 16„ Lot 9. The Board of Appeals wil said time and place hear any and all persons or representatives desiring to be heard in each of the above matters.Written com- ments may also be submitted- prior to the conclusion of the' subject hearing. Each hearing, will not start before time allot-• ted. Additional time for your presentation will be available,if' needed. For more information, please call 765-1809. Dated: February 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD- OF APPEALS- GERAR.D P. GOEHRINGER' CHAIRMAN' By: Doreen Ferwerda 1X-2/8/90(26) C00 a : Southold ' Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,`N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. r TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free to. call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff 't ATTORNEY AT LAW 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (616)477-1016 March 6, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000 - 31 - 16 - 9 Gentlemen: My client has received a notice from the building department that the location of his gazebo is in violation of the variance obtained. As I am sure everyone agrees, the necessity for the variance arose because of the original placement of the gazebo by the contractor within 75 feet of the water. Therefore, application for a variance allowing the gazebo to remain as placed was made and granted. As part of the application, the applicant indicated that the gazebo was approximately 46 feet from the water and 6 feet from the bulkhead. In fact, the gazebo is 4 ' 10" from the bulkhead. The gazebo is also, and has always been, permanently cemented into the ground. The intent of the variance application was to allow the gazebo to remain as it then, and now, exists. Please advise me of how we can resolve this matter. Very truly s, i �a gh JKM/lg cc: Building Department n fs( /`e� .�. , � �. aA/ / y21 �o aN�• V COUNTY OF SUFFOLK OL lid PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING November 1, 1988 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) Carol A. Maguire 3740 Seymor & Merle Levine 3750 The Cove at Southold (Henry J. Smith) 3756 Tony Scarmato, Inc. 3759 John J. Jessup 3763 Denis O'Brien 3764 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (51 6)360-51 92 Southold T ®wn hoard of A.� eats `�q v ��� x�v MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. 0Y JOSEPH H. SAWICKI Pursuant t'o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xx Variance from the Zoning Code , Article XI , Section 100-119 . 2 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3759 . Applicant • Tony Scarmato, Inc. Location of Affected Land : 235 Huckelberry Mill Road, East Marion, NY County Tax Map Item No . : 1000-31-16-9 Within 500 feet of : Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . Applicant is requesting approval of COMMENTS: A p p q g jt&�g� �q gazebQ structure with an insufficient setback from an existing bulkhead alon Peconic Bay. Copies of Town file and related documents enclosed for your review. Dated : Ocotber 27, 1988 J / �r � TOS®nth®Idwn Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, GL October 20, 1988 JOSEPH H.SAWICj I James Din1z1o, Jr. J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato, Inc. Dear Mr. McLaughlin: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Please be sure to return to the Building Inspectors` Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to the Building Department to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No. : 3759 Applicant(s) : TONY SCARMATO Location of Property: 235 Huckelberry Mill Road,East Marion Tax Map ID No. : 1000-31-16-9 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious . family .illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing , as published in the suffolk Times and L. I . Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a. copy of a survey. ',.-.'...The- date is cut off but it was produced . by Roderick VanTuyl, .the date is cut off. Showing the approximate placement of the gazebo approximately 6 feet from the edge of the bulkhead and approximately 46 feet from the ordinary high water mark of. the Great Pedonic .Bay. And I have a letter from Kevin McLaughlin, Esq. wh6 indicates that he wishes that we hold this particular hearing over until the next regularly scheduled meeting so that he can appear on behalf of his client. His client is. not going to be here also, Is that correct. Is Mr. Scarmato here? No. Alright. So we 'll ask if there 's anybody in favor of the application Anybody against the application? I 'm not going to say it 's going to be an easy night because I know what ' s going to happen. So I won 't say that. So I 'll make a mo- tion closing the hearing reserving decision until later. All in favor - AYt. BY ATTORNEY AT LAW' 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477.1016 October 3, 1988 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re_ : Tony Scarmato, Inc. Appeal No. 3759 Dear Board Members: Neither I nor my client will be able to attend the public hearing in the above-referenced matter on October 6, 1988. I believe that the application for a variance to allow the existing gazebo to remain is self-explanatory. Should the Board have any questions in this regard, please forward same to my office for prompt review and response. Very truly yours,_ J. 1�vinLaug li J / � JKM/lg / F0 ire,1i O 1 3 5 g Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: July 26, 1988 Transmitted herewith is Zoning Appeal NO. 3759 application of Tony Scarmato, Inc. for a variance. Also included is: Notification to Adjacent_ Property Owners; Short Environmental Assessment Form; Idtter relative to NYS Tidal Wetlands Land Use; Noti.ce.•of� Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • „ i,,�7-� Judith T. Terry Southold Town Clerk AT'=ORN EY AT LA `LCli7 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 July 25, 1988 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Tony Scarmato, Inc. Variance Gentlemen: Enclosed .herewith please find application in triplicate for a variance. Also enclosed please find three copies of the survey, notice to adjacent property owner, questionnaire, short environmental assessment form, and my check in the sum of $150. 00 for the fee. If you have any questions please do not hesitate to contact me. Very truly yours, 6�1- Kevin McLaughlin Enclosures - +te .+.-�+wM+4-•----- :...r_,s..-,,..,-. .�.r,._.n.....,...,.... _.....1....wN::y.w. IV t. • ��. 3 0 \:j*�O;ram' 9 � � i t lu j q •O ) I � •� Jel / VI i - � y�•e. j 3 y I a i I - f-t 1 u a , � -_ Opt x Ln C_ ..... .i'+ ,A # efi�:rT �•� M 0 .0 •'.1`••!l'iR '. oaf. r 44 R O R '• ' MAP GF P OF'E,eTY 5uRV6YED Ao/t d �olv)-- SC AR M AT 0, live ` AT• ,. EAST mo eo,�,µ; . . MAR/ON -a /V4irVK': YORfc �r . ...r Scale . '?O'e/'� �'` G.�crdnt.� C _•r: . '.,, . ;� .' . . . s r,..v eyed S•� &Wane ;.�..,.�y BAN Tvr �j '•r.• .: �.yr � ..c.��r�� fit:. . _._�..._.�.... ._..-.�.,.. ._s. ._ .'' . .... _�....,...�.�.....,:,.,.._,�. _ ,.,- ... ,,.-r_ _ - -�. ...��. .,:;�,_ ...... -- .-,. - •2 t9 Page 3 - Notice of Hearings Febuary 15, 1990 - Regular Meeting Addresses of Notice of Hearings sent to: Town Clerk Bulletin Board Zoning Board of Appeals Bulletin Board L.I . Traveler-Watchman Traveler Street Southold, NY 11971 Suffolk Times, Incl. 7780 Main Road, Box 1500 -Mattituck, NY 11952 J. Kevin McLaughlin 828 Front Street P.O. Box 803 Greenport, NY 11944 Southold Agway P.O. Box 608 Youngs Avenue Southold, NY 11971 Tony Scarmato, Inc. 16 West 46 Street New York, NY 10001 Charles Malone 1671 Stevens Avenue North Merrick, NY 11566 NOTIC "OF,HEARINGS NOTICE- ; IS" HEREBY GIVEN, pursuant to Section . 267 of the Town Law and the 8:00 .-•-••• Appl. No 3758— . . 8_:40 p.m. .Appi. No. Code of the Town of Southold, T�IEODORE KUDL.INSK1 .9.15 p.m.Appl. No. 3776— '3769SE—CUTCHOGUE HOWARDANDMARGARET the following hearings will be jA• Variance to .the. Zoning FARMS. LTD. (a/k%a GR1S- . held by the SOUTHOLD Ordinance, Article,lI1, Section BRODIS, Special Exception to . TINA VINEYARDS)., Special the Zoning Ordinance, Article TOWN BOARD OF APPEALS 100-31 for permission:to.con- -Exception to the Zoning Ordi-_ at a Regular Meeting at the struct open deck addition with nance, Article 111, .Section "Id I;Section 100 30B(15)for per- Southold Town Hall, Main an insufficient.rearyard setback ,� rission to establish Accessory 100-30B for permission to estab- Road, Southold,NY 11971, on from existing dwelling,.at pre Apartment in a proposed addi- lish Winery,at premises located tion to existing dwelling,.at'pre- THURSDAY, OCTOBER 6, mises known as 605 Highwood along the north side of the Main 1988, at the following times: • Road, "Highwood at-Bayview" Road, Cutchogue, NY; Count raises known as 435 Eastward 7:35 p.m. Appl.'No. 3765= Subdivision.. Lot No. 8, Tax Map Parcel County., Ct„Mattituck,NY;County Tax JOSEPH SPITALIERE for a Southold,NY;County Tax Map •,Map Parcel No. 1000-115-7-9. `1000-109-01-13. :.:;The Board ofAppeals will at Variance to the Zoning Ordi- Parcel No. 1000-78-9-50. 8:50 p.m. Appl:•No:,37r;4: nance, Article III, Section 8:05 p.m.ELSIE D.YOUNG. said time and place hear any and ° DEN O'BRIEN for Variances all, persons or 100-31 for the placement of a' ." Appl. No., —Special to the Zoning Ordinance,•Arti- P representatives new dwellingstructure with a re- Exception to the Zoning Ordi- - desiring to be heard in each of cle I11, Section 1.00-3f and-Ar " the.above matters.Written com- duced setback. from the front nance for permission to estab-• ticle XI, Section 100-119.1..for..:.` property line. Location of Pro- lish Accessory Apartment in an menu may.also lu submitted existing dwelling permission.to erect tennis court riot.to the conclusion of the petty: Right-of-way •located �. g g structure in ac- :: ;with 10-ft. high .:fencing and;' P along the east side of Cedar cordance with the requirements -subject hearing. Each hearing.-, of Article III,Section 100-30B, gazebo structure in an area other will not.start before the time al-. Beach Drive, Southold, :(just• than the required rearyai�d, at; lotted. For.more information,.. south of General Wayne ne Inn subsection 15.Location of Pro Y ) '' premises identified on the Suf- lease call 765-1809... . and extending in an easterly and perty:. 480 � 6risson Lane, folk County Tax Maps as Dis-. P thence southerlydirection to this Southold,NY;County Tax-Map Dated: September 16, 1985. Parcel No. 1000-78-1-10:3.. trio 1000, Section 3, Block 3,` BY.ORDER OF Parcel identified on the Suffolk Lot 3 5; ,along Private Road,, THE SOUTHOLD TOWN Count Tax Maps as, Appl. No. 3761 V_Variance Y P Fishers Island N.Y.. ... 1000-90-4-14. to the Zoning Ordinance, Arti BOARD OF APPEALS . 7:40 cle III, Section 100-30B(l5)[M] . 8:55 p.m. Appl.'No. 3778 GERARD P. GOEHRINGER, p.m. Appl. No. 3768= BRETT AND JANET KEHI . FRANK AND SANDRA CUR- to allow conversion of dwelling Variance to the ZoningOrdi- CHAIRMAN RAN for a Variance to the Zon- for Accessory Apartment with By Linda Kowalski 3S nance, Article II1, Section 1X,`9/29/88 50 ing Ordinance,Article III, Sec- Certificate of Occupancy dated 100-32 and removal of Condi- tion 100-31 for construction of after January 1, 1984,although tions rendered under Appeal a pool with deck and fence en- Affidavit of Building Inspector indicates ..dwelling met,.,the...._. No.-3641 on June 1S, 1987 in n ..- closure with an insufficient order to allow conversion of the frontyard setback and excessive requirements for a Certificate of ( subject building as livable area 0?3 (1 lot coverage over 20 percent),at Occupancy had application g ( P )� in proposed reconstruction plan- r\ premises known as 780 Hay- been made in a timely fashion. of dwelling,at premises known waters Road, Cutchogue, NY; Location of Property:480 Gris- as 5500 Main Bayview Road, County Tax Map Parcel No: son Lane,Southold,NY;Coun- Southold,NY;County Pax Map , 1000-111-01-016. ty Tax Map Parcel. No. Parcel 1D No. 1000-78=4-32. 7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. '9:05 p.m.`.Appl.,•Appl. No. ' JOHN J. JESSUP for a Vari- • 8:15 p.m.JOHN T.BEEBE=G 3774SE—H&S ASSOCIATES. ance to the-Zoning Ordinance, Variances to the Zoning Ordi- Special Exception to the Zoning ! Article 111, Section 100-31 for nance, Article I11, Section Code, Article; :VII, Section. 100-31 for approval of insuffi- cient /construction of an addition at 100-70B for permission to con- - the westerlyside of the existing cient area and width of two pro- g ,k e posed parcels in this proposed struct ,(mai addition in .existing / dwelling with a reduction in the building,(maintaining:the west- total sideyards, at premises set-off division of land,located prly yard setback)'for-,use part- known as 90 East Road,Cutch- a along Beebe:Drive,•`.Cutchogue, ly for sales of auto parts,added_ ogue,NY;County Tax Map Par- _~ NY;County U. x-Map;PareekNo. storage, and engine-rebuilding. cel No. 1000-I10-7-15. - 1000=103-3-part of Lof 5. shop,at.premises located along 7.50 p.m. Appl. No. 3759— 8:20 p.m.ROBERT AND DI- ANNA BAKER.Special Excep- the north side of the Main TONY SCARMAIU. INC. for tion to the Zoning Ordinance, Road, Cutchogue, NY; County a Variance to the Zoning'Ordi- Tax,.. Map -Parcel. No. nance, Article XI,_ Section Article III,Section 100-30B(16) for permission to establish Bed 1000-102-2-24. . 100-119.2 for approval of gazebo• and Breakfast establishment in structure with an insufficient an existing dwelling,at premises setback from an existing bulk- known as 2900 Boisseau Ave- head along Pn Bay,at pre- nue,Southold,NY;County Tax Huckknown as.elberry Mill Road, East 235 Map Parcel No. 1000-55-6-9. uck Marion, NY; County Tax Map 8:30 p.m. Appl. No. 3779—. Parcel No..1000-31-16-9. ) PETER AND DESPINA MAR- 7:55 p.m. Appl. No. 3755SE KOPOULOS for a Variance to IMOTHY CO T FFEY AND the Zoning Ordinance,.Article THE COVE AT SOUTHOLD III, Section 100-31 and prior INC. Special Exception to the Appeal No. 3623 rendered May Zoning Ordinance, Article 111, . 11, 1987 for approval of'struc- Section 100-30C,for permission ture(s)with reduced sideyards;at to erect off-premises sign.Loca- Premises known as Lot #16, tion of Property:South Side of .I Captain Kidd Estates,along the Main Road, Southold, NY; south side of Sound Beach County Tax Map Parcel No. I Drive, Mattituck, NY; County 1000-75-06-7.3. (Recessed from I . - Tax Map Parcel No. j Prior Meeting). 1000-99-1-24. COUNTYOF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks Z successively, commencing on the . . . . . . . . . . .C.�9. . . . . . . . d o . . . . . . . . . . . . . . . . .c9-. Sworn to before me this . . . . . . . . . .� . . . . . . . . day of 4 . �-� . . . . , 19 . . .. . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . Notary P lic KA-,R..! W. COEEGESSON NOTARY PUBLIC, State of New York No. 4842180 Qualified in Suffolk County Commission Expires I ' I I non of rroperty.auuui o,uc.,. Main Road, ,Southold, 'NV. '� "south side-'of souna aseacn �....._:c._.a_. •.._= ^----.. ..._ >'-Drive.•Mattituck_' NV rn,.nt,,�­- .._..._.-�..__ agal Hofiees cial Exception the Zoning Ordi- Map Parcel No.1000-55-6-9. I nance,Articlepn.100-30C, 8:30 p.m.Appl.No.3779—PP- for permission .ct off-'Premises TER AND DFSPINA MA NOTICE OF HEARINGS sign. Location roperty:-South OpOUI O for a Variance tL NOTICE IS H>;dREBY'GIVEN, Side of Main Road,Southold;NY; Zoning Ordinance,Article III,Section �ursuant to Seotip'f.267 of the Town County Tax Map Parcel No. 1000 100-31 and prior Appeal No. 3623 ,aw and the Code of the Town of. 75-06-7.3 (Recessed from Prior rendered-May 11,1987 for royal �� :outhold,the following hearings will Meeting). Y PP e held by the SOUTHOLD T03M 8:00.p.m. Appl. No. 3158 ":of:structure(s)with reduced sideyards, THEODORE KUDL.INSKI. JR`. at premises known as Lot #16, ;OARD OF APPEALS at a Regglar ;Captain Kidd Estates, along south -leeting at the Southold Town Hall," Variance to the Zoning Ordinance;, `,;side of Sound Beach Drive, me n to of Mattituek, in fain Road,Southold,NY 11971,on. Article III,Section 100-31 for per- Mattituck, NY; Count Tax Ma y y p 'HURSDAY.OCTOBER 6. 1988 at mission to construct open deck addi- - Y P 1 sworn says that he/she is Principal Lion with an insufficient rea and set= Parcel No. 1000-99 1-24: ie following tirtfes: D 8:40 p.m. Appl. No. 3769SE — LK TIMES, a Weekly Newspaper, 7:35 m. Appl. No. 3765 — back from existing dwelling; at ' P PP CUTCHOGUE FARMS LTD (a/k/a �SEPHSPTfA .TRR fora Variance . Premises known as 605 Highwood In the Town of Southold, County Of Road, "Highwood at Bayview". GRISTINA VINE YARDy,Special the Zoning Ordinance,Article III, Subdivision Lot No. 8, Southold, Exception to the Zoning_Ordinance, ew York,and that the Notice of which ecdon 100 31 for the placement of a NY; County Tax Map Parcel No' Article III,Section 100-30B forper- copy,has been regularly published in --w dwelling structure with a reduced 1000-78-9-50. mission to-establish Winery, at ocati from the front properly line. 3:05 p.m.ELSIE D.YOUN. Premises located along the north side a each week for 1 weeks ovation of Property: Right-of-way of the Main Road,Cutchogue,NY; sated alongthe east side of Cedar Appl.No..3760SE—Special g 2 9 County Tax Map Parcel No. 1000- nCing On the day Of each Drive,Southold,(just south of.. ' Exception to the Zoning Ordinance for permission to.establish Accessory 109-01-13.- enetal Wayne Inn)and extending,in D` '. 8:50 p.m. Appl- No. 3764 — r easterly and thence southerly Apartment in an existing dwelling . 9:5 p.m. N for Variances to the irection to this parcel identified on - structure in accordance with there= quirements of Article III, Section.. Zoning anOrdinance,rtl Article III,n 100n:e Suffolk County Tax Maps as 100-30B,subsection 15.Location of. 100-31 and Article XI,Section 100- �Mavfw__, =-90-4-14. 119:1 for permission to'erect tennis 7:40 pan. Appl. No.c 3768 = Property: 480 Grissom Lane; RANK AND SANDRA ]BRAN Southold, NY, County:Tax Map; _;Vcourv.with 10-ft:high.fencing.,and, Parcel No.1000-78-1-103. --.'gazebo structure in an area other than Principal Clerk ,r a Variance to the Zoning Or di- Appl.No.3761-V—variance the required rearyard, at premises mce,Article III,Section 100-31 for , to the Zoning Ordinance,Article III, . identified on the Suffolk County Tax mstruction of a pool with deck and ,Section 100-30B(15)(M) to allow, Maps as District 1000, Section,3, "nce enclosure with ana insufficient ''conversion of dwellingfor Accesso Block 3,Lot 3.5,along Private Road, ontyard setback and excessive lot ry Fishers Island,NY. )vera a over 20 percent),. a t Apartment with Certificate of Occu- g ( P )' pansy dated after January 1,.1984,al= 8:55, p.m. Appl. No. 3778 — lis emises known as Y, CountHaywy Tax- though Affidavit of Building Inspector BRETT AND JANET KEHL — 19 m oad,Cutchogue,NY; County Tax indicates dwelling met the re= Variance to the Zoning Ordinance, MARY K.DEGNAR :ap.Parcel No.1000-111-01-016. :` -Article III,.Section 100-32 and re- NOTARY PUBLIC,State of New York 7:45 p.m. Appl. No. 3763 —T 9uirements for a Certificate of Occu- �Uffolk CoUntV fvo.u'4°Ro0 pansy had application been made in a i mt moval of Conditions rendered under �j� rorm Expires Febtuatl9�v -Z i J S r P for, Variance , timely fashion.Location of Pr -..Appeal No.3641 on June 18, 1987 e Zoning Ordinance, Article III, " Y °� '- 480 Grissom Lane, Southold, NY; ' 'in order-to allow conversion of the xtion 100-31 for construction of an County Tax Map Parcel No. 1000= subject building.as livable area in (dition at the westerly side of the 78-01-10.3. proposed reconstruction plan of isting dwelling with a reduction in' 8:15 p.m. JOHN T. BE B .— dwelling,at premises known as 5500 c total sideyards,at premises known Variances to the ZoningOrdinance, Main Bayview Road,Southold,NY; Article III Section 100 90 East Road, Cutchogue, NY; 0 County Tax Map Parcel ID No. wnty Tax Map Parcel No. 1000- , -31 for ap 1000-78-4-32. 0-7-15. proval of insufficient area and width _ of two proposed parcels in this pro-• 9 05 p.m.Appl.No.3774SE—11 7:50 p.m. Appl. No. 3759 — a posed set-off division of land,located &S -ASSOCIATES Special- Ex-)NY SCARMATO INC.for a ,;along Beebe Drive,Cutchogue,NY;' ";";;caption to the Zoning Code,,Article. rriance to the Zoning Ordinance; County Tax Map Parcel No. 109q =�.Section 100-70B for permission title XI,Section 100-119.2 for ap 103-3-part of Lot S. , to.construct addition to existing oval of gazebo structure with an. 8:20 p.m. ROBERT AND DI-'`;.,I..,,building, (maintaining the'westerly' sufficient setback from an existing ANNA BAKER,Special Exception to,;` yard setback)for use partly for sales lkhea,miser along P 35 H Bay, at the Zoning Ordinance, Article III, of auto parts;added storage,and en- ntises known as 235 Huckelberry Section 100-30B(16)for permission gine-rebuilding shop,at premises lo- ill Road,East Marion,NY;County to establish Bed and Breakfast estab- sated along the north side of the Main Cutchogue, NY; County Tax " lishment in an existing dwelling, at 7:55 p.m. Appl. No. 3755SE, Map Parcel Nof1000-102-2-24. {+. MOTHY COFFFY AND THEAvenue,Southold,NY; County T premises known as 2900 Boty Taxx a . 9:15 p.m. Appl. No. 3776 — )VE AT SOUTHOLD,INC.Spe- HOWARD AND MARGAR T_:_ .,_ Special Exception to the mitted-priorto the conclusion of the Zoning Ordinance,Article III,Section subject hearing.Each hearing will not 100-30B(15)for permission to estab- -start before the time allotted. For lish AccessorX Apartment in a pro- more information, please call 765- - posed•addition to existing dwelling,at - -1809. premises known as 435 Eastward CL, Dated:September 16,1988. Matinuck, NY; County Tax Map BY ORDER OF Parcel No.1000-115-7-9. THE SOUMOLD TOWN The Board of Appeals will at said BOARD OF APPEALS time and place hear any and all per- GERARD P.GOEHRINGER, scgs,or representatives desiring to be CHAIRMAN heard in each of the above matters. By Linda Kowalski Written comments may also be sub- 6071-1TS29 O Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI, 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. _ b Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. . Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you. have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Southold Town Board of Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF HEARINGS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6 , 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a ' Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7: 45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, . Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. . 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing.bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7: 55 p.m. Appl. No. 37555E - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7. 3 . (Recessed from Prior Meeting) . 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI , JR. Variance to the Zoning Ordinance, Article III, Section 100731 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. :.8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8: 05 p.m. ELSIE D. YOUNG. Appl. No. 37605E - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3 . Appl. No. 3761-V - Variance to the Zoning Page A —Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals - Ordinance, Article III, Section 100-30B(15) {M) to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates. dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proppsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8: 20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of ' Hearings Regular Meeting of October 6; 1988 Southold Town Board of Appeals 8: 30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot *16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 37695E - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS) . Special Exception to the Zoning Ordinance, Article III, Section 100-3.OB for permission to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl_. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3 , Block 3 , Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No.. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III , Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area .in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 37745E - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-708 for permission to construct addition to existing building, (maintaining the westerly yard setback),,.for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map -Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct. , Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. -----------------------------------------------------------------x 4' M �Yr Southold f Town Boardo Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 l � o TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. Y IWIfb, Jr. ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119. 2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an application for a Variance under Article XI, Section 100-119.2B, as ' amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor) , and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark) , as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file) . 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of . 86+- of an acre. 3 . For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. Page 2 - Appeal No. 3759 Matter of TONY SCARMATO, INC. Decision Rendered October 6, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not .personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead,, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3 . That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness. ) (Member Dinizio abstained. ) This resolution was duly adopted. VN& lk QRA` I3` '.`COEEHR`INGER • CHAIRMAN 1� Southold . Town Board of Appeals c { s, :�W MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. n.. " Jr. ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an application for a Variance under Article XI, Section 100-119.2B, as ' amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor) , and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark) , as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file) . 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623 , rendered August 10, 1972, which address limitations of the nonconformities at the premises. Page 2 - Appeal No. 3759 Matter of TONY SCARMATO, INC. Decision Rendered October 6, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3 . That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness. ) (Member Dinizio abstained. ) This resolution was duly adopted. lk RI&I Y: l7OEHRINGER i CHAIRMAN . .Copies to the following on or about 9/21/88: . Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for 'Tony Scarmato, Inc. 4-- 828 Front Street, Greenport, NY 11944 Mr. Wilbur. Klatsky,. The Cove at- Southold, 5044 Expressway Drive South, Ronkonkoma,: NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail .A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. . Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney - for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 , Mail List continued for October 6, 1988 Legal Notice: H & S Associates _ P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) ,14=16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR ' Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Tony Scarmato, Inc`. Tony Scarmat6, Inc. 3. PROJECT LOCATION: 235 Huckelberry Hill Road Municipality East Marion County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) . See Attached Survey Map 5. IS PROPOSED ACTION: L`?New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant had a gazebo erected on- hi ' premises approximately 46' from the water and fronted by a bulkhead. Applicant seeks an area variance to allow said gazebo- to remain within 75' of the water. 7. AMOUNT OF LAND AFFECTED: Initial) Approx. 75' 1' Y acres Ultimately Ap�rox"'. 75 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes [3No If No,describe briefly Gazebo is within 75' feet of water in violation of set- back requirements of Town Code, Article XI, Seciton 119.2 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? LICHesidential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe:- 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes ❑No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes ERNo If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes �'No ICERTIFY HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE O na a C.Applicant/sponsor Date: Signature: If the 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) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board 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. (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 X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or future recreational opportunities? _Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have any impact on public health or, safety? _Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X No period or have a major negative effect on the chara4public tr ommunit or ne �borhood? 15. Is thn ov a ning the proje Yes XNo Preparer's Signatu /Representing: TonInc. /�`(� ZBA `9/75 Date / Ol QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED l%ITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there .any proposals to change or alter land contours? X)OW& No 2 . a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) No b) Are there any areas open to a waterway without bulkhead? XX No 3. Are there existing structures at or below ground level, such as patios , foundations, etc? House foundation Yes SIX 4. Are there any existing or proposed fences, cpncrete barriers , decks , etc? XV<MX No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. XXIQW No 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground ' level? State total:' ' * ' ' ' ft. XX3AK00 N/A 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy. of deed. XXXaM No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? XXX9M No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board XXZgY,X No Town Board XX' M No Town Trustees XX= No County Health Department Xxl= No Village of Greenport XXMYX No N.Y.S.D.E.C. Yes NXNXX Other XXXK9X No 10. Is premises pending a sale or conveyance? If yes , please submit copy- of names or purchasers and conditions of sale. (from contract) XX M X No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? XXXW No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time HOUSE AND TWO COTTAGES and proposed ADDTION OF GAZEBO Please submit o ogra hs for the record. I certify the ab�- ve atements are true and are being submitted for reliance b - h and of peals n considering my app cation. / � P gna ' rZ5 ` ( xople-rty - r Authorized A nt) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- ' 85 by L.L. No.6-19851: 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, hik,-h "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-H5 Cli 13 s 9 v, 10 14 2.3 A cl 4ZAtel kc) % V 0 V N JA NO 0 A all kc% ♦ EAST lb- MARIO�-CEMETERY Ib ft. V MARION LAKE' IS.$A 10 .6, TOWN OF SOUTHOLD 0 • 4* • IURDERWATEM LAND) V MARION L 6 0 z 6a. TOWN OF SOUTHOLD N7, (UNDERWATER LAND) 0 b 1 lb ♦ 6, ems• 4• 2.1 A VI Q J6 a, 10 U5 ob", l N e %j SEE SEC NO.038 o' KEY MAP Legend 00 POO Ni.,Lino ---F 46.1 Lino sbji,i,i—La P4-.. (34) a--- P..P—d By C-1,Li- Fi,.Di- 030 SC4LEVIFLET T—Ll-- W.I.vi..ic 0 0 f."" — MIQUEL BAKER. JR. D......C.—0...' S-1.4 Di---inn 62" — o, Bl.k N.. Ll" N.Y' ui X.3 11 Di.na,LZ ---L-- S.Ld--La Lino VillR;.Lim Nod A— 12A(d) C.. P.k ni.Ricl Lino --.p- P—1 No. 23 12A1.) Di-icl Line --.s S.Ld.—mn BI.,$fl.. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of TONY SCARMATO, INC. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 235 Huckelberry Mill Road, East Marion, New York, Tax Map No. 1000-031-016-09 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural-Residential 4. That by such Petition, the undersigned will request the following relief: a variance of the 75' set back requirement from the water to allow petitioner's gazebo to remain approximately 40' from the water and fronted by a bulkhead. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 119.2 [ ] 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) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that.a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the.Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold-and-designated for the'publicati`on of such notices; that you or your re sentative have the right'to'appear and be heard at such hearing. Dated: July —, 1988 eti o Ow rs ' Names : To s rmato, Inc. Po Office Address 8,8 Front Street, PO Box 803 Greenport, .New York -11944 Tel . No . ( 516 .) 477-1016 [Copy of sketch or plan s:how•i.ng .p:roposaJ to be atta-Ched for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Robert Kawrowski and Wife 40 Hawthorne Road Garden City, NY 11530 Marie Wenk Box 154 East Marion, NY 11939 Frank C. Mandaro and others 167 Bache Avenue Staten Island, NY 10306 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Laurie. E. 'Gr.aeb residing at Ole Jule Lane Mattituck, _.New York , being duly sworn, deposes and says that on the 22nd ,day of July , 19 88 , deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ;that said Notices were mailed to each of said persons by (certified) PWgAYdfKdJ mail. le LAU IE.:1'E.`:,'GRAEB Sworn to before me this 22nd day o Jul , 19 8 Notary Public IRVING L. PRICE, A. IRVING L. PRICE, JR. NOTARY PUBLIC, State of New York NOTARY PUBLIC, State of New York N"• .W No. 3161450 Qualified in, iuffolk County. Qualified in Suffolk County Commission txpirps Nov. 30, 19 Commission Expires Nov. 30, 19F'g (This side does not have' to be completed on form transmitted to adjoining property owners.. )