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HomeMy WebLinkAbout3688 . ..... Southold Town Board of A ppeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3688 Application Dated October 27 , 1987 TO: Rudolph H. .Bruer , Esq . [Appellant (s) ] as " Attorney for.'MR. AND 'MRS . ANTHONY 'PIRRERA Main Road Southold ;- 'NY .11971 At a Meeting of the Zoning Board of Appeals held on February 2 , 1988 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance . Article , Section [ X] Request for Variance to the Zoning Ordinance Article III, Section 100-31 , Bulk Schedule . . . . . . . . . ..[. .]. . .Req.ues.t. for Application of ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient width (frontage ) of two parcels in this pending division of land. Location of Property : - North Side of C . R. 48 ( North Road ) , Greenport , NY ; County Tax Map Parcel No . 1000-40-01 -20 , containing a total area of 5 . 20± acres . WHEREAS , a public hearing was held and concluded on January 14 , 1988 in the Matter of the Application of ANTHONY AND SALLY PIRRERA under Appl . No . 3688; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and .the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in Question is situated along the north side of the North Road (a/k/a County Road 48) , Greenport , Town of Southold , having a total acreage of 5 . 2 acres and lot width of 255 . 26 feet , and is located in the "A-80" Residential and Agricultural Zoning District . 2 . By this application , appellant requests approval of the lot width (frontage ) of 127 . 63 feet of proposed Parcels #1 and #2 in this pending two-lot division of land , as more particularly shown on map prepared by. Roderick VanTuyl , P . C. dated September 17 , 1987 , amended December 11 , 1987 . 3. Article III , Section 100-31 , Bulk Schedule , of the Zoning Code requires a minimum lot width of 175 feet . 4. The premises is shown to be vacant and is believed to (CONTINUED ON -PAGE TWO ) DATED: February 2 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) i Page 2 - Appl . No . 3688 Matter of ANTHONY & SALLY PIRRERA Decision Rendered February 2 , 1988 be accessible to a 12 " water main -from the Village .of Greenport Water Company . 5. For the record it is noted that by .prior action taken by this Board under Appl . No . 3354 , area and width variances were denied for the -reasons .noted therein on January 21 , 1986 ; and that an opinion was obtained from the Suffolk County Soil and Water Conservation District dated November 29 , 1985 which recommended a .change in the location of the then-proposed right-of-way outside of the natural drainageway areas . 6 . It is the position of the Board that the layout of the perimeter of this 5 . 208-acre parcel as presently _ exists - with a total lot width of 255 . 26 feet is unique and there is no other method feasible for appellant to pursue other than a variance . 7 . In considering this application , the Board also finds and determines : (a ) the relief requested is not substantial in relation to the requirements of zoning and in relation to those lots generally existing in the area ; (b) a substantial change will not be produced in the character of the neighbor- hood ; (c ) a detriment would not be created to adjoining properties since the lot will in all other respects comply w ith the requirements of zoning ; (d ) the practical diffi - culties are not self-created and are sufficient to warrant the grant of this variance ; (e ) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by granting the variance , as noted below . Accordingly , on motion by Mr . Sawicki , seconded by Mr. Douglass , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 ( Bulk Schedule ) of the Zoning Code for the insufficient lot width [or frontage] of proposed Parcels #1 and #2 of 127 . 63 feet , as applied in the Matter of the Application of ANTHONY AND SALLY , PIRRERA under Appl . No . 3688 , PROVIDED : 1 . That lot area for each parcel will not be less than the current code requirement of 80 ,000 sq . ft . ; 2 . That any and all setbacks and other zoning requirements wi '11 be complied with (without reductions at any time ) .. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . lk GER RD P . GOEHRINGER, CKAIFMAN 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 , New York , on THURSDAY , JANUARY 14 ,- 1988 at the following times : 7 : 35 p .m. Appl . No . 3705 - ARTHUR V . JUNGE for a Special. Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10 , 1987 , prepared by John A. Grammas & Assoc. Zone District : C-Light Industrial . Locat-i'on : North Side of C . R. 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , containing 45 ,589± sq . ft . in lot area . 7 : 40 p .m. Appl . No . 3697 - WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay . Location of Property : South Side of Midway Road , Southold , NY ; Cedar Beach Park Map No . 90 , Lot 113; County Tax Map District 1000 , Section 90 , Block 2 , Lot 6 . 7 : 45 p .m . Appl . No . 36,76 - ANTHONY ROBUSTELLI . (Recessed from December 10 , 1987 as requested ) . 7 : 50 p .m. Appl . No . 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area and width of two parcels proposed in this pending division of land , and establishing insufficient sideyard setback of existing dwelling and accessory storage building on vacant lot (Section 100-32 ) . Location of Property : East Side of Deep Hole Drive , Mattituck , NY; County Tax Map Parcel No . 1000-115-13-12 . 1 (prev . 11 and 12 ) . i t Page 2 - . Notice of Hearings Southold Town Board of Appeals January 14 , 1988 Regular Meeting 7 : 55 p .m . Appl . No . 3706 - MANFRED E. KUERNER. Variances to the Zoning Ordinance , Articles III , Section 100-31 , and XI , Section 100- 119 . 2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback , insufficient total sideyards , excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque . Location of Property : East Side of Carole Road , Southold , NY ; County Tax Map Parcel No . 1000-52-2-3 . 8 :00 p .m . Appl . No . 3652 - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance , Article VI , Section 100-61 , Bulk Schedule for approval of insufficient area , width and depth of two parcels in this pending division of land located at the corner of the east side of Kerwin Boulevard and the south side of Main Road , Greenport . Zone District : B-Light Industrial . County Tax Map Parcel No . 1000-53-2-20 ; Pe conic Bay Estates Lots 178 and part of 177 . 8 : 10 p . m . Appl . No . 3699 - EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , and Article XI , Section 100- 119. 2 for permission to construct addition (s ) to dwelling with an insufficient westerly sideyard setback , insufficient total sideyards , and insufficient setback from nearest wetland area along Marion Lake (landward of existing accessory garage structure ) . Location of Property : North Side of Rabbit Lane , East Marion , NY ; County Tax Map Parcel No . 1000-31 -17- 15 . 8 : 20 p .m . Appl . No . 3698 - THOMAS ZIMMERMAN . Variance to the Zoning Ordinance , Article XI , Section 100- 118E for permission to rebuild and repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior Z . B . A. Appl . No . 3590 rendered March 5 , 1987 . Location of Property : 265 Rochelle Place , Mattituck , NY ; County Tax Map Parcel No . 1000-144-04-09 and 09 , containing . 60 of an acre total . 8 : 30 p .m . Appl . No . 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient width (frontage ) of two parcels in this pending division of land . Location of Property : North Side of C . R. 48 (North Road ) , Greenport , NY County Tax Map Parcel No . 1000-40-01 -20 , containing .a total area of 5 . 20± acres . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14 , 1988 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the con- clusion of the subject hearing . For more information, please call 765-1809. Dated : December 31 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary --------------------------------------------------------------------x ATTENTION NEWSPAPERS : Please publish once , to wit , THURSDAY , JANUARY 7 , 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th . Thank you . ----------- ----------------------------------------------------- ----x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL e No. . . . . . . . . . . Date . �. . . . . �-B . . . ., 19 .7. . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . ., 19 for permit to t . . . ? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'/at Location of Property �P. � .`��. . . . . -r� ,.8 . . . -1�R�'`` aa—. .').'•f ' . 1 9 7 . House No. 1 Street T> Hamlet County Tax Map No. 1000 Section . . . . 4.`�Q . . . . Block . . . . . . Lot /. ."?O. . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . C•,B�'• �. .�- t-a-o . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 /0/-7/ ' E11/ E0 TOWN OF SOUtHOLLID, NEW YORK (� APPEAL FROM DECISION OF BUILDING INSRWT(&7 I APPEAL NO. �d SOIIi hom TOW!! CW* DATE ..1012- 7........ TO THE ZONING BOARD OF APPEALS, TOWN OF-SOUTHOLD, N. Y. ANTHONY & SALLY PIRMA 375 North Road 1, (We) ..................................................................of .................................. ........................... Name of Appellant Street and Number ...............Greenport,.......................................................... N:y:..............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE 'BUILDING INSPECTOR ON APPLICATION FOR Vacant Land C.O. .. DATED ...........9/24/87 WHEREBY THE BUILDING INSPECTOR DENIED TO Rudolph Bruer a/c Anthony & Sally Pirrera ................................................................................. Name of Applicant for permit of Main Road, Southold, N.Y. 11971 .................................................. ........................................................................ Street and Number Municipality State ( ) PERMIT TO USE ( )'` PERMIT FOR OCCUPANCY ( X) PEPMIT TO SUBDIVIDE 1. LOCATION OF THE PROPERTY .6.37.45..G..R,.A48............................ .......................... Street . Use District on Zoning Map S. . ... CTM# 1000. . . —40. —1-20. . .........................................: Current Owner Anthony & Sally Pirrera . . ..... . . . ..... ..... . .... Map No. Lot No. 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 I, Sec. 106-20 & Article III, Sec. 100-31 3. TYPE OF APPEAL Appeal is made herewith for ( 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 not) been made with respect to this decision of the Building Inspector or with respect to ,this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 .01 (X ) A Variance to the Zoning Ordinance is requested for the reason that Appellants desire to set—off 2 .162 acres from this 5 .208 acre parcel, resulting in the creation of two (2 ) residential building lots with insufficient lot width, side and front yard set—backs. Form zB1 (Continue on other side) _7 REASON FOR APPEAL 'Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Without the requested lot width variance , Appellants will be unable to obtain the desired set-off and the creation of two, otherwise conforming, two-acre+ building lots . Without the requested set-back variances, Appellants would face the practical difficulties of locating any future construction within the confines of the ordinance, whcih are designed to be compatible with a lot width of 175 feet . 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 At leapt 11 of the seventeen 17 properties lying west of the subject property have lot widths of 100 feet or less . The remaining 6 lots average approx . 140 feet in width. � a 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The width of the proposed lots, ie . 150 feet & 100 feet , will not change the character of the district and will be in conformity with the neighboring properties. STATE OF NEW YORK ) ss COUNTY OF sUPFOLK ) +0ignature Sworn to this .................. .. . ...................... day of...............October......................................... 19 87 ..... . ary Public NOTARY OFN W YORY NO.52��UAUGU C COMMISSION EXPI AUGUST 31.1989 i.. OWNER — µ STREET VILLAGE DIST. SUB: LOT eli,uv FORMER OWNER N �.} �..�___=ab ACR. j, I "�� G� •i � Cif 17 �` ,- J'�°A"9�"f�,. e -�� ,� j..t�4s'b✓'� ,J c�t� �� - S _W 4 _ TYPE OF BUILDING - Ifpp''-"`� ;( yfj3�':sv-Y 1.:*�..•'..f `� Vv • lf:—, I� - _ — .. rA "RES. r SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1 0,0 Imory-,�z eft J AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable1 4' Tillable 2 Tillable 3 yo Si Woodland Swampland FRONTAGE ON WATER e2 r Brushland FRONTAGE ON ROAD House Plot DEPTH ' BULKHEAD " otal DOCK TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JANUARY 14, 1988 Appl. No: 3688 Applicant(s) : ANTHONY AND SALLY PIRRERA Location of Property: N-ys CR 48, Greenport . County Tax Map ID No. 1000-40 - 1 -2 0 Board Members Present: Chairman Goehringer P. Goehringer. Members: Grigonis and Sawicki . Absent: Doyen and Douglass. Also Preset: Victor Lessard (Building Dept . ) , Linda Kowalski , Z .B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 8:48 o 'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl, P.C. dated September 17 , 1987 . indicating lot number one at 2. 522 acres and lot number two at 2. 686 acres and both of which are approximately 125 feet in width. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Bruer? MR. BRUER: Yes. I believe the application pretty much speaks for itself. I believe an examination you .have of the Suffolk County Tax Map shows that the adjoinging properties as per the application shows that most of them are within the 100 foot width situation. other than that, the property is more than adequately big enough to handle two residences. ;We would certainly be: willing to build far enough back from the bluff to comply with. the bluff ordinance with respect to the town. And I'd like to make ajpoint. The D.E.C. approved the appli- cation as it was originally submitted to the Board i.e: one lot be- ing wider than the `pther. And we ..have resubmitted to them to con- form to the map. And I would see no reason why they would change. their mind in this specific instance and the change was made at the request of the Planning Board which. I understand has even issued a favorable letter with respect to this application. And since we are in agreement, I would ask that (at least the Planning Board and I are in agreement) the Board actually grant the application. And if you have any questions, I 'd be happy to answer them. If I don't have the answers, I will get them. Page 2 - January 14, 18.8 POBLIC HEARING - Anthony and Sally. Pierrera Southold Town Board,. of Appeals CHAIRMAN GOEHRINGER: Would you believe I don't have any questions? Thank you sir. MR. BRUER: Thank you -very much. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor or against this application? Don 't raise your hands all at one time. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. All in favor - AYE. BY Q _ COUNTY OF SUFFOLK 31311f 6i-) la PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KoPPELMAN 360-5206 DIRECTOR OF PLANNING March 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) Anthony & Sally Pirrera 3688 Very truly yours, Lee E. Koppelman Director of Planning Sls Gerald G. -Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. U.. NEW YORK 1 1788 (516)360-5192 22-LH-1:12/87cs 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 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 : Variance from the Zoning Code , Article III , Section100-31, Bulk Schedule Variance from Determination of .Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3688 Applicant: Mr. and Mrs. Anthony Pirrera Location of Affected Land : Nls C.R. 48, Greenport, NY County Tax Map Item No . : 1000- 40-01-20 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary ) _ XX _ 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 Ramikk:jqLR kit insufficient width _(frontage) of two parcels in this pending division of land Copies of Town file and related documents enclosed for your review. Dated : February 26, 1988 ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1 466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (51 6)765-1 222 RUDOLPH H.BRUER fie- (51 6)765-2500 PATRICIA C.MOORE �,./ �� December 22 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski , Secretary Re: Appeal No. 3688 Pirrera, Anthony & Sally Dear Linda: Pursuant to our conversation yesterday, I enclose herewith amended survey which we ask be made a part of the above appeal application. Thank you for your cooperation in this matter . Si cerely, Rudolp H. Bruer o� RHB/df Enc . P � D T LD S Y Southold, N.Y. 11971 (516) 765-1938 December 23, 1987 Southold Town Board of Zoning Appeals Town Hall Southold, NY 11971 Re: Anthony and Sally Pierrera SCTM# 1000-41-1-20 Dear Mr. Goehringer: The Board reviewed the latest survey of this proposal which was revised as per their recommendation. The Board is in favor of this revision subject to a 100' setback from the bluff. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN OD SOUTHOLD TOWN PLANNING BOARD ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1 466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON /// (5 1 6)765-1 222 RUDOLPH H.BRUER /,!� (51 6)765-2500 PATRICIA C.MOORE / December 17 , 1987 K 1 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Att: Valerie Scopaz Town Planner Re: Minor subdivision for Anthony & Sally Pirrera Southold, N.Y. SCTM# 1000-040-1-20 Dear Sirs : In response to your correspondence of November 13 , 1987 ( copy enclosed ) , we submit herewith nine ( 9 ) prints of the revised map and our check in the sum of $300 . 00 , in payment of the additional application fees . We await the Board 's comments . Sincerely, Rudolph H. Bruer RHB/df Encs . cc: Mr , and Mrs . Anthony Pirrera Southold Town Zoning Board of Appeals COUNTY OF SUFFOLK MICHAEL, A. LO MME SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A.PAUZER i DISTRICT MANAGER hoC 121.31fl VA December -1, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Re: Appeal No. 3686 Appeal No. 3687 Appeal No. 3688 Frederick .& Diane Raymes Jon C. Kerbs Anthony & Sally Pirrere (Variance) (Variance) (Variance) In accordance with your recent request enclosed please find reports on the three appeals listed above. These assessments were prepared by Allan S. Connell, District Conservationist with the USDA Soil Conservation Service: I hope that you will find them helpful in reaching your decisions. If we can be of further assistance please let us know. Very truly yours, Stanley A. Pauzer, "'` `� I ��:1 for District Manager- C :��') Z^,ti Enclosures 164 Old Country Road V" ` »2 A f i 20 RIVERHEAD,NEW YORK 1.1901 - (516)727-2315 j y�.0.1�.. ..a C.� .�� "�,r '? `i S.Ski Sri •. ah United States Soil _� cs Department of Conservation ^ Agriculture Service 164 Old Country Road Riverhead, New York 11901 727-2315 November 30, 1987 Mr. Stanley A. Pauzer, District Manager S.C. Soil & Water Conservation District 164 Old Country Road Riverhead, New York 11901 . Dear Stan: I have completed my inspection of the Pirrera-property. (Appeal No. 3688 - Anthony and Sally Pirrere (Variance)-),. A report was prepared for this property on November 29, 1985, under the name of Long Island Shores, Appeal No. 3354. A copy is attached for your review. The property is in the same condition as my original inspection. The bluff is well stabilized with vegetation. There is no indication of any erosion problems. There are two natural drainageways traveling over. the face of the bluff and they should not be disturbed or altered to provide access to Long Island Sound. Any stairways or access points should be located so .as to avoid these two areas. Native vegetation within 100 feet of the bluff edge should be left undisturbed. Runoff from the new homes should be directed into the ground with gutters, downspouts and drywells. Runoff from driveways..and other impervious areas should be diverted away from the bluff edge. If I may be of further assistance with this project, let me know. Sincerely, Allan S. Connell, , District Conservationist Attachment ® The Soil Conservation Service SCS-AS-1 is an agency of the 10_79 Department of Agriculture 127 Fast Rdver''C.ad, ''10-_G7 Yor�- 1.1.901 Nove-r.:her 29, 1985 1:r. Stanle-17 A. Parz.er, District Manager Suffolk, County `'oil a-rid T-a.ter Conservation. ')i-strict 127 Fast Main Street nive-.Tread, Nldw York. 1.1.901 'Dear Stan: I liave recently COD-pieted ;wy investigation. of the proposed su'"-,?.i_vision Imam as Long, Island Shores in Grceenpor_t. "l:ie north i end of the Propert'j fronts Long Island round.. '?.":ic sketch plan. for the subdivision shows tl..i(* ton o" the bluff to be located OCLI.7een 2-5 -and 30 feet above n�an sea level. 'r~e scaled dist+snce, Cm. the site plan, from the foot of the bzml- to the top of the bw-gz is l0r) feet ire aswred along the proposed rif�tt oi-*.aa�r. "ince I 7as unable to starve"; t:":e- sJ.te to veri.Ey 0ae top. of ban,- location by e 1.P_vatiOn, I atterm ter, to ;Io so ,by neasuring ]r0^i t�"'f actual foot Of the hanl: to the top of the iJari'ti. "5.ccording to aT- measuremnnts the tog of the bm� alon- the propo:.od ri. l:�.t of--:;a is 150 feat .;roi-n t!::e foot of the ban?:. r�it upon uy obserVat: on8 't %' ears a5 t! Of tl':P_ hc12''. CIOSP_1y xoll or-s the 35 foot contour line. S;TCLIld rf?COi"r'.,^7'.., ti''c),l` il'?E: �rmllt 17n ?.,. t.t� 1 c -t n i �h r t ri.:..., t....._� c:.bsc-n , t. o h5 cor c.+uct Fng a. sur- 4ey to d.r1::e2t"Ane ti'l-- nctual. eJ.rv:itio " or t1le -OJJ of the iC proposed _3:1 S ?.0 L: E?il tTir-1 Sit �3!c?T�. S located in. c'3 natural Ora'S:s^.g(?C qy along t:"-.e face- o:: ti-).{ 'Jl,uf . I:f- tt,.[7 S c].r�?? Is �?i.sturhed in any' .ay, such as, icy the installation, of a st8.7..mmy, severe erosion problems could result. 1• I;rould reca-?nm-md mvin tl ce r,�E"'"?t-O.i-t?r?y either east Or 'west - o�r t:..e natural-* drai�a�es:�a.;�. - If I ray be of further assistance Atli this j.,.)raJe.ct please. let -m k m,7. �Un cere ly y ours, _^..1I8P S. rarmell District Conservatimist FULA- TO, S d Southold, N.Y. 11971 (516) 765-1938 November 13 , 1987 Rudolph H. Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Set-Off -for Anthony and Sally Pirrera N/s County Road 48, 3350 ' W/o Moore' s Lane North, Greenport Dear Mr. Bruer: With regard to the above-referenced application, the application should be for a minor subdivision; the fee being $400 plus $150 inspection- fee. Please revise the maps to state minor subdivision. The revised map should show the property with each lot having at least 125 ' of road frontage. Upon receipt of the revised map and. fee, the Planning Board will proceed with .your application. Sincerely,, Valerie Sco azU Town Planner cc: Zoning Board of Appeals, S�FF��c01 , Southold T® 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. November 17 , 1987 SERGE DOYEN, JR. ROBERT J. DOUGLASS JQ5.EPH H. SAWICKI Mr. Stanley A. Pauzer , District Manager Suffolk County Soil and Water Conservation District Peconic Plaza - Route 58 164 Old Country Road Riverhead , NY 11901 Re : Appeal No. 3688 - Anthony and Sally Pirrera ( Variance ) Dear Mr. Pauzer:, We presently have an application pending in which the pro:perty owner proposes to divide their premises for the future .construc.tion of two dwelling structures , as more particularly shown on the attached survey map . The subject premises fronts along the Long Island Sound and along the north side of Middle Road (C . R . 48 ) , Greenport , and is presently vacant land . May we ask your assessment of this project prior to our scheduling this matter for a . public hearing? Enclosed for' your file are copies of the proposed survey or sketch , County Tax Map showing the immediate area , and any other relevant information . . Please 'don ' t hesitate to call if additional information is necessary . Thank you for your time and assistance . Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN Enclosures Fro Southold Town Board of A ppeals oj�ol ��ot' 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. November 16 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Rudolph H. Bruer , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Appl . No . 3688 - Anthony & Sally Pirrera (Variance ) Dear Rudy : This letter w.i.11 acknowledge receipt of your recent application before the. Board of Appeals . . The Board members will. be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your ,application for a "public hearing. It is requested in the interim that you proceed with the EX] Planning Board E concerning their jurisdiction in this matter in order that they may submit their written comments , formal action , or other input as early as possible . Upon receipt of their input , your application w.ill be scheduled for the earliest available hearing date . If the above document (s ) are submiitted within 20 days , it is expected that a public hearing would be held about the latter part of December. A copy of ' the notice, of hear- ings as published in' the Long Island Traveler-Watchman and the Suffolk Times will be sent to you a's confirmation . Please feel free to call at any time if you have questions . w; Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By, Linda Kowalski cc : Planning Board ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (51 6)765-1 222 RUDOLPH H.BRUER (51 6)765-250❑ PATRICIA C.MOORE October 27 , 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-Off for Anthony & Sally Pirrera Southold, N.Y. SCTM# 1000-040-1-20 Dear Sirs: On behalf of our clients , Anthony and Sally Pirrera, his wife, we submit herewith for your consideration an application for the division of their Southold, N.Y . property. We respectfully request that the Board consider this a set-off. Enclosed please find the following: 1 . Application for Approval of Plat in duplicate 2 . Twelve (12 ) copies of the subdivision survey map. 3 . Form letter re drainage, etc. 4 . Part I of Short Environmental Assessment Form 5 . List of adjoining property owners 6 . Completed application questionnaire 7 . Our check , in the sum of $250 . 00 , in payment of your application fee. To applicants ' knowledge, reservation contained in Liber 5138 page 104 (Exhibit ' I ) is the only existing restriction of record which applies to the subject property . We await the Board ' s comments or recommendations . Sincerely, Rudolph H . Bruer RHB/df Encs . cc: Mr , and Mrs . Anthony Pirrera Southold Town Zoning Board of Appeals ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1 466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (51 6)765-1 222 RUDOLPH H.BRUER (51 6)765-2500 PATRICIA C.MOORE October 27, 1987 James I . Monsell , Superintendent Village of Greenport, Utility Dept. 236 Third Street Greenport, N.Y. 11944 Re: Set-off for Pirrera North Road, Greenport, N.Y . Dear Mr . Monsell: . We are applying to the Suffolk County Dept. of Health for their approval of the proposed set-off shown on the enclosed survey. It is required that we provide that department with a Letter of Water Availability from the Village of Greenport. f ly response will be appreciated. , . Bruer nd Mrs . Anthony Pirrera Southold Town Zoning Board of Appeals ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEW YORK 11971 LEFFERTS P.EDSON (S 1 6)765-1 222 RUOOLPH H.BRUER (51 6)765-2500 PATRICIA C.MOORE September 28, 1987 Suffolk County Dept. of Health Services Wastewater Management Section County Center Riverhead,- N.Y. 11901 Re: Set-off for Pirrera Southold, New York SCTM# 1000-040-1-20 Dear Sirs: This office represents Mr . and Mrs . Anthony Pirrera, the owners of the above-referenced property and applicants for subdivision approval under Article VI of the Suffolk County Sanitary Code . Accordingly, we enclose herewith the following: 1 . Four (4 ) copies of the subdivision map 2. Application for Approval of Realty Subdivisions and Developments 3 . Realty Subdivision Environmental Assessment Questionnaire 4 . Our check in payment of your application fee, in the sum of $9 . 00 With respect to the SEQRA determination, we ask that you treat this application as an uncoordinated action, conducting your own review, as the Town of Southold will not consider same without Article VI approval . Should this proposal meet with your approval , please return two ( 2) endorsed maps directly to this office. Sincerely, Rudolph H. Bruer RHB/df Encs . cc: Mr . and Mrs. Anthony Pirrera NEW YORK,STATE DEPARTMENT JVIRONMENTAL CONSERVATION tioJlltts , JOINT APPLICATION FOR PERMIT -Please read ALL instructions on back before completing this application.Please type or print clearly in ink.Attach additional information as needed. ❑ARTICLE 9,TITLE 1,ARTICLE 43 6NYCRR 646(LAKE GEORGE RECREATION ZONE) ❑ARTICLE 15,TITLE 3(AQUATIC PESTICIDES CONTROL)� ❑6NYCRR 327(AQUATIC VEGETATION) ❑6NYCRR 328(FISH) ❑6NYCRR 329(INSECTS) S ❑ARTICLE 15,TITLE 5 6NYCRR 608(PROTECTION OF1._WATERS) T ❑For the construction, reconstruction,or repair of a DAM or other impoundment structure. A , T ❑For the disturbance of a STREAM BED OR BANKS or,excavation in or fill of NAVIGABLE WATERS. .❑401 WATER QUALITY CERTIFICATION E ❑ARTICLE 15,TITLE 15 ❑6NYCRR 601 (WATER SUPPLY) 06NYCRR 602(LONG ISLAND WELL) ❑ARTICLE 15,TITLE 27 6NYCRR 666(WILD,SCENIC AND RECREATIONAL RIVERS) RTICLE 24 6NYCRR 662,663(FRESHWATER WETLANDS) ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) ❑ARTICLE 34 6NYCRR 505(COASTAL EROSION) 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES(If any) 2. APPLICANT IS A/AN Owner ❑Operator ❑Lessee ' ❑Municipality/Governmental Agency (Check as many as apply) 3. OF APPLICANT(Use Full flame) c`CIL-L^ 711WThoAtv MAILING A�E S TELEPHONE(Where can be reached during day) POS FFICE STATE ZIP CODE 4. NAW OF El Owner ent/Contact Person ,(Check one) ING AD DR TELEPHONE(Where can be reached during day) (57 7 :5 /Zz 2- POST OFFICE STA E ZIP CODE � 119*71 5. PROJECT/FACILITY LOCA ION(Mark location on map,see Number 1b on reverse side) ' Q County aA�4,J I Town or city 0 I Village A&42.,, �pdel STRUT A DRESS(If iffere ff applic POS FFICE STATE ZIP CODE 64' n/�o��' /� lr 6. NAME OF STREAM OR BODY OF WATER 7. HAS WORK BEqUA ON PROJECT? If YES,attach explanation on starting work without permit, includes dates. 8. WILL PROJECT T LIZE STATE LAND? El Yes No Show work on map and/or drawings. ❑Yes No 9. PROPOSED USE: 10. PROPOSED STARTING DATE: 11. APPROXIMATE COMPLETION DATE: 12. FEE OF(NYS Permit Only) Private ❑ Public ❑ Commercial /1 S U��� Enclosed 13. PROJECT DESCRIPTION: (e.g.quantity and type of material to be excavated,dredged or used for fill or rip rap, location of disposal sites; type of structure to be installed;height of dam; size of impoundent;capacities of proposed water sources;extent of distribution system;etc.) SeG E�pSP� a:��fJiS��J �Qlti 14. WILL THIS PROJECT RE IRE ADDLTI y L FEDERAL, STAT AND/OR LOCAL PERMITS? Yes ❑ No If yes, please list: 4��LCJC�� IAJ>L 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions,damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 provides for a fine of not more than$10,000 or imprisonment for not more than five years, or both, whrey an applicant knowingly and willfully falsifies,conceals,or covers up a material fact;or knowingly makes or uses a false,fictitous or fraudulent statement. (LM I hereby authorize the agent named in Number 4.above to submit this application on my behalf. DATE SIGNATURE TIT PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE Southold - Town Board of Apph ea MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 11117 TELEPHONE (516) 765-1809 APPEALS BOARD .MEMBERS. y ,January 14 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3688 PROJECT NAME: ANTHONY 'AND' 'SALLY VIRRERA -- 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 signifi- 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: Insufficient lot width (frontage) of two parcels in this pending division of land * LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: C.R. 48, Greenpor-t,- NY 100.-0-40-1-2Q 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) Th `s 4 lot-lane variance as regulated by Section 617. 13, 6 NXCRR. FOR FURTHER 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 .. . \ a. , NOTICE OF HEARINGS -.7-55 p*m.Appl. No. 3706. 8;20 :p:m. Appl. No. 3698- MANFRED. E. KUERNER. 'THOMAS. ZIMMERMAN. NOTICE IS HEREBY GIV. I ananees to,the l onmg Or- Variance. :to,the .ZoningOr- EN,purspant to Secti6n,267 of dmance, Article• :_III, ::Section A.inarice, Article'.XI,''Section . the 7bwn Law and the Code of 100 3i, and XI",. Section 100-118E for-:approval of.deck the Town of Southold, :the 100-119.2 for permiWon.to con- and :to rebuild/repair existing following hearings will be held struct additions:to. existing nonconforming structure which -- -by':the 'SOUTHOLD TOWN dwelling-with a reduced souther- exceeds'356 of'.fair value-of BOARD LS at a ly ideyard setback,.insufficient same and which exceeds.those Regular Meeting at the Southold total sideyards, excessive lot limitations of Prior ZB.A. Town .Hall; Main :Road, coverage.and wtth;an nsuffi= App1.No.3590nendered lvlarch. :Southold,NY on THURSDAY, cient .setback from bulkhead 5,.1987..Location..of Property: , JANUARY 14, 1988 at the along ``Old Cove at Ar- 265 Rochelle Place,'Mattituck, following times: shamomaque.Location of Pro- NY,County Tax Map Parcel No. 7:35 p.m. Appl. No. 3705- perty:East Side of Carole Road, 1000-144-04-09 and 08;contain- ARTHUR V. JUNGE for..a Southold,,NY;County°Pax Map ing .60± of an_.acre total:-.. SpeciaMxceptiontothe.Zoning Parcel No.1000=52-2-3. Ordinance,Article VIII,Section 8:00,p.m. Appl. No. 3652- 8:30 p.m. App1 No. 3688- 100-80 B for GUIDO AND ANNA CIACIA. O permission ,to [es.-... NTHONY AND SALLY PIR Or- establish electrical-shop use and Variances to the Zoning Or- RA. Variance to a e ning construct two buildings located dinance, Article VI, Section dinance, Article III, Section ,as-shown.on Site Plan dated i00-61,. Bulk Schedule for ap- 0=31, Bulk Schedule, for ap- March'•10, 1987;''prepared by 7,proval of insufficient area, oval _of':.insuffitlent width John-A. Grammas .& Assoc width:and depth of two parcels ontage)of fwo,parcels in this Zone District: C-Light 'In in this pending.division of land nding division of land.Loca- dustrial. Location: North Side located at the corner of the East n of Property:North Side of of C.R. 48, Cutchogue, NY, Side of Kerwin Boulevard and R. 48 (North Road), Green- County Tax Map District 1000, -the South"Side of Main Road, Section96,Block 1,-Lot I9,con- Greenport. Zone District: B- rt,_ NY; County Tax Map daining 45,589± sq. ft. in lot Light Business.. County 'Pax, rcel;No, .1000-40-01-20, con- area. Map Parcel .No. 1000-53-2-20; ming a total area'of 5.20± 7:40 p.m. Appl. No. 3697_ Peconic Bay Estates Lots 178 r . WILLIAM AND PAULA and part of 177. The•"Board :of Appeals will hear at said time and lace a TUI P for a: Variance to the `8:10 P.M. Ap,p(l. No. 3704- P aonrng urdinance,,:Artrcle Xt, u rA'11ilLJ 1�1-LJ1iVURlu. -n-rc ens.or repTeEentat der.::' Section 100-119.2_for permrsst n Variances tote Zoning r- -ing to be heard in each of the to.reconstruct and extend porch. dinance, Article 'I11, Section above matters.Each hearing will within 15- feet .of ,existing 100-31, Bulk Schedule as.to ex- -not start before the:time allot- bulkhead along Little- cessive lot coverage,and Article ted:'Written.comments maybe Bay. Location of Property: XI,-Section.110-119.2'as to con- .:submitted.prior.to the conclu- South;Side.of Midway.Road, struction. within 400 .feet of sion of:the subject'hearing.For Southold,' NY, Cedar;Beach bulkhead. ,and "ordinary high more. information, .please call Park Map No. 90, .Lot 113; water mark,along-Long,Island Z65-1809 County Tax Map,District 1000, Sound,:for the proposed con- Dated December'31, 1987 .-Section 90,:Block 2,Lot 6. struction•of open decks attach- -BY:ORDER OF'-THE .7:45 'p.m. Appl. No.,3676- ed to existing.dwelling.Location SOUTHOLD TOWN ANTHON6Y. ROBUSTELLI. of Property;.1400 Sound Beach 'BOARD OF APPEALS (Recessed: rom December 10, Drive; Ivlattituek,::.NY; :Capt. GERARD P. GOEHRINGER, 1987 as requested) . , `.. Kidd Estates.Lot No.:37;Coun- CHAIRMAN 7:50 p.m.' Appl. No. 3681- ty .Tax .Map Parcel' No. Linda Kowalski, ANTHONY AND ANGELA 1000-106-1-35. Board.Secretary Variances-tot the.Zon- 1T-1%7/88(2) ingg O finance,.Article III,Sec- tion.100-31,Bulk Schedule,for approval-of insufficient-area and width'of two parcels-proposed -in this pending division of land, and establishing insufficient sideyard setback of existing dwelling and accessory.-storage building on vacant lot(Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County'.Tax Map Parcel No. 1000-115-13-12.1 (prey 11 and_12), r COUNTY OF 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 . . . . . . . . . . . . . . . . . . . . . r. . . . weeks successively, commencing on the . . . . . . . . . . 7. . . . . . . . . . da . . . . . . . . . . . ., 19 . Lam/ Sworn to before me this . . . . . . . . . . . . . . . . . day of `" �. . . . . . , 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires a-,, _3./19 �� ks 7 , Southold Town Board of Appeals �N3 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 and date o'f the public hearing concerning your recent application is a copy, of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tr 1 G f RARD P . G0EHRiNGER CHAIRMAN Linda Kowalski. Secretary and Board Clerk Enclosure - Town Hall, 53095 Main Road P.O. Box 1179 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 October 27, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is' Zoning Appeal No. 3688 application of Anthony & Sally Pirrera for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry v Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY & SALLY PIRRERA NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. .That e Intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: N/s County Road #48, 3350± feet southwesterly of Moore's Lane North, near Greenport, Town of Southold, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: "A-80"-Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: permission to set-off a 2.162 acre residential building lot, with insufficient lot width, fran this 5.208 acre parcel 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I Section_ 106-20 & Article III, Section 100-31 [ ] 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�5-180.9. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 10/27/87 Rudolph H. Bruer, Esc ., Petitioner Owners ' N a m e s Anthony & Sally Pirrera Post Office Address Main Road, P.O. Box 1466 Southold, N.Y. 11971 (Te] . (516) 765-1222 ) 4!L•%' '• • ) a7q PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Marilyn Crystal & ano. 114 E. 72nd Street New .York ,. N .Y. 10021 Bert Crystal & wf . 114 E . 72nd Street New York , N.Y. 10021 Nicholas Parlamis 8923 Shore Road Brooklyn, N.Y. 11209 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Mary Diana Foster residing at (No#) McCann Lane, Greenport, 'NY ------------------ being duly sworn, deposes and says that on the day of October , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Southold','N.Y. ; that said Notices were mailed to each of said persons by (certified) 6Udkktgjt§0 mail. Sworn to before me this C: -41 day October , 19 87 G Notar ublic pONALO M.MCCAYHEY VOTARY PUBLIC,State MIN York ft um Septe bu 22,988 (This side does not have' to be completed on form transmitted to adjoining property owners.. ) SiiO:"r F,-'%/11 j Sri=i; I ;`,ES I-U :I II•ISTPUCTIO.IS : , o.) Ire order to answer the questions. in this short EAF it is assum�-d that the preparer will use currently cv'oi.lable 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 onswered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If. all questions have been answered No it is likely that this. project . is riot significant : (d) Environmental Assessment 1 . IYi 1 pro.ject 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 found on the site? . . . . . . . . . . Yes X No 3 . Will project alter or hove o large effect' on existing body of water? . . . . . . . . . Yes X No 4.. Will project have. a potentially lorge impact , on groundaoter quality? - Yes •X ' No -.5 . ' Wil.1. 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•. S . Will project have o major effect on visual character of the community or scenic views or. vistas known to : bc important to the community? Yes X ' No 9 . Will project adversely impact any site or , structure of historic, prehistoric or ' paleontological importance or any site designated as a critical enviX-onmentol Brea by a local agency? . . . . . . . . . Yes X No 10 . Will project have a major effect on existiho or future recreational opportunities? . : . . . . . . . Yes X No' 11 . Will project result in major traffic problems or co.us.e a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . Yes. X No 12 . Will pr.bject rejularly cause objectionable odors, .. noise,' glare, vibration, or electrical . -.- disturbance as a result of the pr. oject ' s ` , opero;tion? . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes' 'X . No- 13 . %lill - projecthave any impact on public health. . or .safety? . . . Yes X No l4 . '1'lill project affect the existing communityby��' directly causing a growth in permanent population of more thon 5 percent over a one year period or have o major . necga•tive of-f ect `1: on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . Yes X No.. 15 Xs there public controversy concerning the jproject? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No PREP/%RER S SICNATURE REPRESENTING_47?fOA.1 DATE /0 7. n n �j PROJECT I.D.NUMBER it IEW YORK STATE DEPARTMENT OF ENVIRONMENTA -ISERVATION - -- -- -- - ---DIVISION OF REGULATORY AFFAIRS--. - - - - - - . State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Anthony & Sally Pirrera Set-off for Anthony & Sally Pirrera 3. Project location:NIS C.R.#48, Greenport Municipality Town of Southold County Suffolk 4. Is proposed action: lkNew ❑ Expansion ❑ Modification/alteration 5. Describe project briefly: Set-off of 2.162 acre -lot,for residential building_ purposes, from this 5.208 acre parcel 6. Precise location(road intersections, prominent landmarks,etc.or provide map) Location map attached hereto 7. Amount of land affected: Initially 5.208 acres Ultimately 5.208 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? ❑ Yes ® No If No,describe briefly The 'set-off lot proposed is of insufficient width in this A-80 zone. 9. What is present land use in vicinity of project? ® Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does taction 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 permitlapprovals N.Y.S. DEC - Tidal Wetlands Permit (subdivision) Suff. Co. Dept. of Health - Approval under Art. 6, Suff. Co. Sanitary Code Southold Town Planning Board - Subdivision, a royal 11. Does any aspect ofthe action have a currently valid permit or approval? ElYes 13 No If yes, list agency name and permitlapproval type 12. As result of proposed action will existing permitlapproval require modification? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e: Date: 10-22-87 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 PART II Environmental Assessment(To be completed by Agency) A. Does action exceed any Type 1 threshold in 6 NYCRR,Part 617.12? If yes,coordinate the review process and use the FULUEONG FORM EAF. ❑ Yes ❑rNo .. B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a negative declaration may be superceded by another involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion, drainage or flooding problems?Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain briefly C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly. C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. i i C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1-C6? Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. r PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural);(b)probability of occurring; (c)duration;(d)irreversibility;(e)geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed.action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Prepare(: Name Preparer's SignaturefTitle Date Re: Applicat of Anthony & Sally Pirrera Premises; ureenport, N.Y. QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, .6 NYCRR, Part 661, requires an application to the N.Y.S. Department.of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at .their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions), as early as possible in order that we may continue processing your Z.B.A. application. [�) I. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of. the property [ ) at least 100' in length [ ] 3. Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ) 50' existing road [ ] existing structures [x] bluff area more than 10' in elevation above mean sea level ( ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. _ [ ] 7• Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your applications) . 10/831k r Re: Appli( ton of. Anthony & Sally Pirrera Pre is,z_a: Greenport, N.Y. 'QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED "WITH 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 �uestions below , please be sure to depict these areas on your survey or certified sketch ) , to scale , and submit other supporting documents- tion. 1 . Are there any proposals to change or alter land contours Yes No. seaward of area under construction? 2 . Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes No Town Code , Ch . 97 for your reference . ) 3. Are there existing structures at or below ground level , Yes No such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yes No' 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes ]JANo average ground level ? State total : _ ft . 6 . If project is proposed for principal building or N/A structure , is total height at more than 35 feet above Yes No average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If yes , please submit copy of deed . .8. Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes 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 Set-off approval Pes No Town Board - Town Trustees Y s County Health Department Article yz approval _ Yes No Village of Greenport Yes N . Y-. S . D . E. C. Tidal Wetlands Pernu t to s vi e e s N o-. Other Yes 10 . Is premises pending a sale or conveyance? If yes., please submit copy of names or purchasers and conditions of ' sale . (from contract ) . Yes _ No 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12 '. If ne.w construction is proposed in an area within 75 feet of wetland grasses , or land area at ari eleva- tion of five feet or. less above mean sea level , have you made .application to the Town Trustees for an N/ inspection 'for possible waiver or permit under Yes No the requirements of Ch . 97 of the Town Code? 13 . Please list present use or operations conducted upon the subject property at this time vacant 5.208 acre parcel — a n d proposed Two (2) residential building lots I cer that the above statements are true and are being submitted for.'` . re is c e of Appeals in considering my- application . gnat a ro erty wner Authorized Agent dol H. Bruer, Attorney for Applicant 3/87 1 k J • ll 1 1 ♦ f 4 \ J �0 ltfrfo)f �Iy) \ I ),I •.Alcl {` . \ (r• ' I N cou■t[ or )urrot.■ / RNA, U) ¢o Io:aal VILLAGE Q ► ■ o J\ r OF ( `v. 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