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-r - Soutlyth Id wn. Board of Anneals . MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 _41 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3681 Application Dated October 14 , 1987 TO: Marie Ongioni , Esq . [Appel lant (s) ] as Attorney for MR. AND MRS . ANTHONY LEONE 218 Front Street Greenport , NY 11944 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 Variancesto the Zoning Ordinance . Article III , Section 100- 31 , Bulk Schedule [ ] Request for Application of ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance , Article III , Section 100- 31 , 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 acces- sory 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 (previously 11 and 12 ) . WHEREAS , a public hearing was held and concluded on January 14 , 1988 in the Matter of the Application for ANTHONY AND ANGELA LEONE under Appl . 3681 ; 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 a 28 ,689 sq . ft. parcel of land located along the east side of Deep Hole Drive , Mattituck , in the Town of Southold with frontage of 200± feet along Deep Hole Drive and lot depth of 150 feet . 2 . The subject premises is a described parcel of land acquired by the applicants on June 14 , 1982 , as was conveyed and shown by single deed at Liber 9211 cp 257 . This parcel is shown on the current Suffolk County Tax Maps as Lot 12 . 1 of District 1000 , Section 115 , Block 13 . 3 . ' By this application , appellants request the following relief : (a ) insufficient lot area of proposed Parcel One of 13 ,630 sq . ft . ; (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 . 3681 Matter of ANTHONY & ANGELA LEONE Decision Rendered February 2 , 1988 (b ) insufficient lot area of proposed Parcel Two of 15 ,059 sq . ft . ; (c ) insufficient lot width of each proposed Parcel One and Two of 100 feet . 4 . Also noted is an accessory building to be established on a vacant parcel (proposed Parcel One ) which would not be in conformance with either Article III , Section 100-30A or 100-32 of the Zoning Code ( such building is not a permitted princi.pal use ) . 5 . Article III , .Section 100-31 , Bu.lk Schedule of the Zoning Code requires a minimum lot area of 80 ,000 sq . ft. and minimum lot width of 175 feet . It is also noted that the minimum .setbacks of principal structures on each parcel proposed ° (if approved ) under Column "A" of the Zoning Code would be 35 ft. front yard , 35 ft. rear yard , 15 ft . side yard , and 25 ft . total side yards . 6 . The entire parcel of 28 ,689 sq . ft. is nonconforming under the zoning regulations as to lot area . 7 . The percentage of relief requested from the minimum lot area requirement of 80 ,000 sq . ft. is 66 ,640 sq . ft . , or 83 percent as to proposed . Parcel One . The percentage of relief requested from the minimum lot area requirement of 80 ,000 sq . ft . is 64 , 941 sq . ft . , or 81 percent as to proposed Parcel Two . The percentage of relief requested as to lot width for each proposed parcel is 75 feet , or 43 percent . 8. In considering this application , the Board also finds and determines : (a ) The lot area as exists is not excessive and does not overburden the property owner ; (b ) the percentages of relief requested as to lot area and lot width are substantial ; (c ) the premises was acquired by the applicants more than five years ago by one legal description ; (d ) the practical difficulties claimed are not unique and are self-created ; (e ) public water and sewer are not proposed in this project ; (f) the circumstances of the property are not unique ; (g ) a majority of the lots existing in the immediate vicinity are of a size similar to that proposed herein ; however , there are other parcels larger , and ,a precedent could be set ; (h ) the grant of this application will set a precedent for further nonconformities ; ( i ) there is no other method feasible for appellants to pursue other than a variance ; Page 3 - Appl . No . 3681 .Matter of ANTHONY & ANGELA LEONE `Decision Rendered February ' 2 , 1988 (j ) significant economic injury has not been suffi - ciently demonstrated by dollars and cents proof; ( k ) in view of all the above factors and the manner in which the difficulties arose , the interests of justice will be served by denying the relief requested . Accordingly , on motion by Mr . Douglass , seconded by Mr. Sawicki , it was RESOLVED , to DENY the relief requested under Appeal No . 3681 in the Matter of the Application for ANTHONY AND ANGELA LEONE. Vote of the Board : Ayes : Messrs . Grigonis , Douglass and Sawicki . (Members Doyen and Goehringer were absent . ) This resolution was duly adopted . 1 k CHARLES GRIGON/1, , J , . ' Chairman Pro Tem R g 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 . Location : 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 . 3676 - 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 ) . - 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 ; Peconic 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 CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL II-- File No. . . . . . . . . : . . Date . . ., a'P. . . . . . . .. � a � 111 . . . . . . . . . . . . I' PLEASE TAKE NOTICE that your application dated . . . . . . . . . . ., 19 .v. - IJ I , Vl, for perntit to .� " . a . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Prope ty . . . . . . . . .c�-. (Zt1—`�k. . . . • . . . House No. Stree[ Hamlet County Tax Map No. 1000 Section . . . /4-5 . . . . . . Block . . . . Z. . . . . . . Lot �X . . . . . . . I Subdivision•. . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . Lot No. . . . . ...... . . . . . . . . . . I, , is returned herewitli and disapproved on the following grounds . . . . . . . .lo� , �+. . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . .I Building Inspector, I RV 1/80 I ' i I °f 5 TOWN OF SOUTHOLD, NEW YORK UCT�4 - , • E OM DECISION OF BUILDING INSPECTOR APPEAL NO. 3(0[� DATE .............................. TO TH E ZON I NG BOARD OF APPEALS, TOWN O F SOUTHOLD, N. Y. 1, (We)ADIJiON.Y..LEQN.I ..ANTI..ANQELA..LEQXE.......of .................................. Name of Appellant Street and Number Mattituck 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 ........................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO A.NTHQ.0...LF,.QNF,..A.XR...AN.QBJ.,A...LB.QNE........ Name of Applicant for permit of „135,5„Deep• Ho1e,,,Drve Mattituck ,,.......New York, . . . . . . ............. .. Street and Number Municipality State (x ) PERMIT TO USE subdivide ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 1355„Deep Hole Drive'..;, Mattituck , N.Y. Street /HamletUse District on Zoning Map District 1000 Section 115B1ock13:Lot 11 & Anthony Leone & Angela Leone ..................1.2...Current Owner /vlop No. Lot No. Prior Owners QnAlfi r & Helened J. aPolanskaryoxnn 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 1 Section 106-20 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 :dxcch (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 ( ) A Variance to the Zoning Ordinance is requested for the reason that the owner intends to re—establish as separate parcels the lots known on the Suffolk County Tax Map as Section 115, Block 13, Lots 11 & 12. Form zsi (Continue on other side) REASON FOR APPEAL Continued Ry .;':4l. e is 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scry HARDSHIP because the parcel in its current configuration is significantly larger than other lot sizes in the area. Thus the owner is being deprived of the most productive and economically feasible use of the land permitted in this community. Therefore, applicant wishes to subdivide the parcel in the interest of family estate planning and to better provide for his family. The community was designed and built around the concept of moderate sized lots to foster affordable housing for the middle class. The lot in its current configuration is contrary to that intent. 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 hardship results from the fact that, many years ago, the then current owner of this parcel held title to ,more than one contiguous lot., Thus, when the law with respect to the ownership of contiguous lots was amended, the separate parcels merged. Clearly, this fact is unique and is not shared by all property owners in the area. - At the time of the development of this community, the lots were designed to be approximately '100 'x 150, or 15,000 square feet. Most lots in the community still approximate those dimensions. It is only because of the merger that the instant parcel is larger. A set-off of this parcel will create two lots typical in size to all other lots in the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area consists of lots which are comparable to the proposed lot sizes. Attached hereto is a copy of the- Suffolk County Tax Map of Dist. 1000, Sect. 115, B1. 13, the area surrounding the instant parcel. The Tax Map illustrates that other lots in the area are similar in size to the proposed lots and supports the conclusion that the proposed lots are in con- formance therewith. In fact, the parcel is described on the Suffolk County Tax Map as two separate lots, "11 and 12" of Block '13, each measuring approximately 100 x 150. Only as a result of a prior owners inadvertence were the two parcels merged. Applicant should not suffer economic and familial hardship for such inadvertence and/or lack of knowledge of the law. Furthermore, the proposed set-off is in harmony with and will promote the general purpose of the zoning .ordinance. It will not prevent the orderly and reasonable use of adjacent properties. In fact, it will foster the continued development of the community as it was intended in the original plans filed. Finally, the safety, health, welfare, comfort, convenience and order will not be adversely affected by proposed use. STATE OF NEW YORK ) ss ........ ............... ..... . .. .......................... COUNTY OF ) A HO LEO' E i ure Swornto this .....(''...................................... day of �[..................................... 19 �7 44� ............................... ................................................. otary Public MARIE ONGIONI NOTARY PUBLIC, State •f No* York No. 24.4765191 Qusdifiod in Kings County Ceeshissien Expi►oaz,',31 , 19 TOWN OF SOUTHOLDT RECORD CARD M -i.2 OWNER STREET VILLAGE DIST. —S6q6- LOT FORMER OWNER // N { s E ACR. I P r; G� S W TYPE OF BUILDING �RES. SEAS. VL. FARM v COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS G G a �� � /,� "� y ��� ,� sue,' >���� �7 Z 0 Z O # ��' nd� » ^ G �p CG ns1�r. GZo/dl %C �5`G a o O ov �7 I o 0 J (�0Aj c 5U B LDI®G/CONDI T 1Oc NE\A/ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre _ Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER , Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Tota DOCK I . nnnnnn nnnnnnnn nnnnn nnn . �• � - nnnnnnn nnnnnnnnn nnnnnnnn nnnn nnnnnnn0 ■nnnnnnnn - - nnnnn ONE n nnnnnnnnEnn n n■ nn nnnn n An r�nnnnnnn t u2 nnn�innn •n��• nn. nnnnnlnnnnr - nnnn n nnnnnsi nn0 W. F3 No ': nnnn�in nnnnnnnnnnnnnnnnnnnn Fes. fi 3 . K • _ nnnnn t nnn nn�ON NOnnn - Zlo -W, yy nnnnnnnn®nnn nn - � _. .nnnnn � _ 6 � nn n eei® nnnnnn s v _ nnn ■ r ■r� n�lnf�nnnnnnlnn s nnnnnnn nn��nnnnnnnnnnnnn nnnnnn nnnnn. .-� �nnnnnnnnnn nennnnn�'�.����nnnnnnnnn Rooms I st Floor • TRANSCRIPT OF fl____tING SOUTHOLD MOWN BOARD OF _APPEALS REGULAR MEETING OP THURSDAY, JANOARY 141 19818 3681 Applicant(a).: ANTHONY AND ANGELA LEONE -..Location of Property.! E/s Deep Hole Drive, Mattituck .County Tax.Map ID No. 1000-115"13 .12_ 1 Board .Heabere present: 'Chairman Goehringer P: Goehringer, .Membera:: .Grigonis, and, 8aw4cki. Absent*,,,. .Doyen and Douglaae. Also Present: Victor Lessard (Building •Dept. ) , Linda Kowalski, Z.B..A. Secretary and, approximately . -persons in the audience. The- Chairman- opened the hearing at• 7:50 o'clock p.m: and . read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER:. I have a copy of a survey. The most recent date is September 16, 1987 indiciating .the house lot of 15,059 square feet and the-lot wi:th. the one-story framed building on it of 13,630 square . feet.. And T have a copy of-. the Suffolk County Tax Map indi- cating this and surrounding properties in the, area. Mr. Ongioni would you like to. be heard. MS. ONGIONI: '. , l have ..a memorandum which I would like to submit�to:: the Board for their review in conjunction with this application. I have sufficient for all the members. ; .As the •application states and as the survey detects, my client would like to re-establish two separate lots for this parcel. The reason he wishes to create separate- buildable parcels because he is planning for the future of his children. What he plans: to do at:.some point in the future when his children are adults,, is . to construct a dwelling for one of them to use. That will prevent him from leaving the area. As we:.-all know, affordable housing : is very .scarce ,and all• too many of our young peo- ple are being forced to leave the area. And Mr, and Mrs. Leoni would like -to prevent that from happening . to their family. They would therefore, like to have their separate lots in order that they will be able to construct a dwelling sometime in the future. Now, as you can see from the survey, these two lots are quite substandard. Admitedly, they are:zvery substandard viewing today's zoning codes and the requirements for lot size. However, when taking in the context of this particular community and the fact that there are many many lots comparable in size to the proposed lot. I think that's encum- bant on the Board to grant thi:s' area variance. The,'memorandum that Page ?,. - January 14 ' 988 _ } PUBLIC HEARING - A iony and Angela Leone Southold Town Board of Appeals MS. ONGIONI (continued) : I've just submitted to you outlines the considerations that the courts have set forth for Zoning Boards in considering area variances and whether an area variance should be granted. Thelmajor consideration is the practical difficulty of that of a property owner will be con- fronted with, weighed against the hardship to the public and the detri- ment to the public. And I . submit to the Board, that in this particular instance, there is no detriment to the public, to the neighbors, to the town as a whole if this area variance is granted. In !.Tact, I found a survey of lot sizes in this particular subdivision. I've analyzed lot 120, 13 and 14 in this -particular district and section of Southold and I 've fouind that the vast majority of lots range between 10, 000 and 30, 000 square feet. In.-fact, over 90% of the :.lots in this particular subdivision range between 10, 000 and 30, 000 square feet. Well below the current code requirements for lot sizes. The point being, that all of these lots are particular substandard giving today' s standards. However, the community was designed in a time when the lot sizes were substantially smaller. For that reason and the fact that these two lots were separate lots and only because o.f someone' s inadvertness to their merge, it would be in the interest of justice to re-establish these two lots as separate parcels and it certainly would not be con- trary to the character of the neighborhood. CHAIRMAN GOEHRINGER: Thank you. MS. ONGIONI: Do you. have any questions? CHAIRMAN GOEHRINGER: Not right at the moment. Only the fact that there is an euxisting building on it and it appears that the building is an accessory building. It does not meet any of the. setback re-. quirements of a principal building. j3o therefore, if the Board did : approve the application, there would be restrictions placed upon that particular. building so as it remained as an accessory structure and not a principal dwelling. Just so you're aware. Thank you. MS. ONGIONI: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the ap- plication?. Any questions from Board members. Hearing no further questions, I 'll make a motion closing the hearing reserving decision until later. All in favor - AYES BY �.C�.l/�_ l✓ L °��. . Southold Town Board of A eats 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 February 4 1988 Marie Ongioni , Esq . 218 Front- Street Greenport , NY 11944 Re : Appl . No . 3681 - Anthony and Angela Leone (Variances ) Dear Mrs . Ongioni : Transmitted for your records is a. copy of the recent findings and determination rendered by the Board of Appeals in the above matter . Yours very truly , Linda Kowalski Board Secretary Enclosure Copy of De"cision to :. Building Department Planning Board �oc��FFDC���G Southold Town Board of App' eali'... MAIN ROAD - STATE ROAD _25 SOUTHOLD, L.I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD January 14, 1988 MEMBERS- GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. - SERGE DOYEN, GL ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3681 PROJECT NAME: ANTHONY AND ANGE'LA LEONE -- 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:Approval of insuffici-ent area and. width of two parcels in this -pending division of land and establishing insufficient sideyard setback of existing dwelling and accessory building on vacant lot LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Deep Hole Drive,, -Mattituck, NY . 1000-115-13-12 . 1 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) The relief requested is not directly related to new con- struction. 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 own Clerk Bulletin Board. (3� Information. has been submitted 'by applicant or his agent . ind eating that the project wi..11:.not involve the disturbance of wetland grasses .or areas subDect-to flooding which may be considered wetlands. 11Ic NOTICE OF HEARINGS : - 7 55 p*m Apol No. ,3706- 8 20• -p.m. 'Appl. No: ,:3698- MANFREl7 E KUE €3 RNER.. I'HMAS fZIMMERMAN. NOTICE IS:HEREBY-GIV a anew to :_„ Zo. rig-Or Variance to:;t, a ri Or- NOTICE:purspant o Section 267 of adman Angie I1I,'section dtnance, A title XI, Section the Town Law and the Code:of 100- j and; XI, Section 100-118E-for r approval of deck the Town .O'f�Sotith ,..the f 100-I 9 2 for permission to con= and.to rebtii d/repair existing following Bearings=wilPbe held strict,`additions to existing nonconforming structure which by. the SOUTHOI D POWN dwelTu g with'a reduced`souther- ;exceeds 50%'--`of fair valise`of. BOARD ly back-, e>cd thosea n gat the Southold:. total stdeyards, excessive`lot limitations -f Prior B.A... Town` I�al1,,:: Main' Road; coverage and:=with as msvffi AP01 No 3590 rendered March Southold„NY.on THURSDAY, c►ent. : etbacle from.bulkhead 5,=1987- Location of Property: JANUARY. -14,- 1988 at. the along "Old Cove'' .at Ar- 265 Rochelle Place;'Mattituck, following trmes: shamomaque.Location of Pro- NY-,'County`Pax Map-Parcel No. 7.35 O.M.: Appl. No. 3705- perty East Side of Carole Road, 1000-144-04-09 and.08,contain- ARTHUR `V: GE for, a. Southold,NY;County Tax Map mg .60+ of.an acre iota! Special'�Ez PareeT, tothe:Zonng .No 1006-52 2-3: cepfion � Ordinance,Article VIII,Section 8 UO-P m•"Apply No. 3652- 830.p.m. Appl No: 3688- 100=80(B) .for permission'to GUIDO AND ANNA CIACIA. ANTHONY-AND SAL'LYPII, establish electrical shop use and ariances- to. the.,Zoning :.Or- s RA. Varian to" ,e.. rang . •construct;two'buildings located: ... dinance, .Article NI,,,Section . Ord ance,.Article III;Section -as`shown on Site:.-Plan dated. I00-61;,Bulk Schedule for:ap- 100-31, Bulk Schedule, for ap- March 10, 1987,.;preparedby - = prove]'' of insufficient area, prove! of'insuffitlent width John.`A Grammas':'& Assoc width`arid depth of two,-parcels (frontag0oftwo parcels"in.this Zone District:, C-Light In- in this pending division of land. pending division of land.Loca- dustrial..Location: North Side located:at,'the corner of.the=East lion of Property:North Side of of:'C R. 48 'Cutchogue, NY, Side_of Kerwin Boulevard and C R.''48 (North`Road);''Green- County-Tax Map District 1000, 'the South Side of Main.Road, Section-96,$lock 1,Lot`I9,con Greenport. :Zone 'District; -B-, port; NY, "County "Iax 1VIap taming 45,589± sq ft: in lot Light.'.Business County:Tkx .4" 20,.con- Parcel No4000 area: Map Parcel."IVo i000-53-2-20; taming a total area:of.530± 7:40 p m Appl No .3697- Peconic.Bay Estates Lots -178 acres.. - WILLIAM-.-�AND' `PAULA :and part of 177. The Board of,Appeals will hear at said time and lace all TUI for-a Variance to the _%S- p m. AppL No. 3704- 1? " - T�1lT!C� - .".:1/CCV/�Ti�'i C TW CI�f�CA MTTOC,� 4-« M/Iofr Coning:Urdinance, Article 1c , MLL'JJ 1�aL J111/V A%AJ. - Y t Section.100-119,2.f&peimfs1.ion Variances to the _-Zoning r-. i g to be heard in each of the n to reconstruct an extend=.porch dinance, :Article.-III, Section above'matters:Ea&. earing will within,;,75 feet of .:existing 100-35, 3i lk`Schedule as to ex- not start before the time allot- :':.bulkhead.along Little Pe-conic cessive lotcoverageand Article ted. Writte,wcomments maybe -Bay: ':Locatioh, of .Property: XI,-Sectioar110-119.2 as to con- submitted prior toahe conclu- South Side of Midway;Road,. struction within' ithin 100-:feet of sion-of the subD hearing.For -Southold, NY, Cedar_ Beach bulkhead aril ordinary high more information, please call Park,1VIap_No. 90, Lot 1I3;.. water mark along Long Island' 765-`1809 County Tax Map District 1000, Sound, for the proposed con- Dated:December LA987 ,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-DOWN ANTHONY"-1 ROBUSTELLL. of Property 1400 Sound Beach' BOARD OF APPEALS ed.;rom Decetnber CHAIRMAN 10,. Drive, Mattituck, NY; Capt: GERARD P GOEHtINGER, (Recess 1987..as requested) Kidd Estates Lot No.37,Coun=. 7c50 p.m._,Appl No 3681- 4y. Tax Map Parcel No. Linda Kowalski, ANTHONY' AND 'ANGELA 1000.-106-1 35 -` Board Secretary LEON . Variances-to the Zon- -IT.1/7/88(2) trig Ordinance,'Article III,,Sec Schedule,.for . approval of-insufficient:area and. Width:of two parcels proposed- In this pending division.of land,. and establishing insufficient sideya..rd .setback of.'Odsting dwelling and accessory.storage _,::building on vacant lot(Section .` 100-32). Location of Property: =:East:Side of Deep Hole Drive, Mattituck,'NY; County Tax �ap Parcel No. 1000-115-13-12.1 x,'(prev.:ll and 12).- 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 . . . . . . . . . . . . . . . . . . . . . . . . . . weeks -7 4�4 successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . .. 19 . . . . . . . . . . . . . . . . . . 1,,/✓ . . . . . . . �i Sworn to before me this . . . . . . . . . . .// . . . . . . . day of . . . . . . . . . . . , 19 . P . . . . . . . . . . . . . . . . . . .. U : ✓ � . . . . . . . Notary Public BARBARA FORBES Notary public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 3/ i I i tion 160-31, 'k-Schedule, for Location of Property. ` regal Notices: approval fit i .icient area and Sound,Beach.Drive, Mattituck; width of two parcels proposed m NY,Cpt kidd-Estates.Lot#37;' fithis`'pending division. of"landCounty .Taz :Map Parcel No establishing insufficient 1000-106 1 35:: y ORK ) NOTICE OF HEARINGS sideyard setback of.`esistmg 8:20 p m Appl. No: 3698 - ). ss, NOTICE IS . _HEREBY dwelling and accessory storage THOMAS ZIMMERMAN.' ' IVEN,pursuant to Section 267: building on vacant lot (Section Variance to the Zoning.Ord- FOLK ) f the-Town Law and the Code of 100 32), Location of;Property nance;.Article XI, Section.100- ie Town of Southold,the follow East Side'of Deep. Hole:Drive, 118E for approval of deck and to ., "ig hearings will be held by the Mattituck,.NY,County Tax Map rebuild/repair=existing noncom- ntent0 of Greenport, in OUTHOLD TOWN BOARD Parcel ;No 1000-115 13.121 formingatructurewliichexceeds dul sworn,says that he/she is )F APPEALS.at.a- Regular.' (prev 11 and 12) ,50%of fair value of`same and g Y Y fasting at the Southold"Town; 7.55 m. Appl-". No: 3706 k whi h exceeds those limitations p• . f THE SUFFOLK TIMES, a Weekly fall,Main Road;Southold,New MANFRED E ;KUERNER ' Hof or Z.B:A. AppL`No.;3590 'ork,on'ITiURSDAY,JANU- ' a .Variances to the'Zoning Ord enered March b;•1987 Looa- lished at Greenport, in the Town 1RY 14, 1988 at the,followmg man e,Articles.IIl,%Section 100 do of Property 265 Rochelle,` unty of Suffolk and State of New imes;-. t a ;s `3I;and XI;'Seetion 100-119.2 for place, Mattituck, NY;.Gounty 7:35 p m Appl No. 3705 permission to construct adds Tax Map Parcel No:.1000 144- a he Notice'of which the annexed is kRTHUR. V,_JUNGE for a tions to existing dwelling with a 04-09andO8,contaimng 60+of ° has been regularly published in Special Exception to the Zoning .reduced.southerly sideyard set an'acre total, 7rdinance,Article VITi,Section . back, '':' insufficient total 8.30 p m Appl Not 3688.- =- r once each week for 1 L00-80(B) for permission to es- aideyards,excessive lot coverage :?ANTHONY AND SALLY 7 ;ablish electrical shop use and. :;and with an insufficient setback PIRRERA.. Variance ,to-.,the Vely; commencing on the onstruct two buildings located _from bulkhead along"Old Cove" Zoning,"Ordinance;.Article III, 1 r 19$$_ is shown on"Site-Plan dated at Arshamomaque. Location of Section.100.31; Bulk Schedule- Vlarch 10, 1987, prepared by Property:.East Side. of Carole for.approval of insufficient width John A.Grammas&Assoc.Zone. Road Southold,NY;County Tax (frontage)of two parcels in this, District: C-Light Industrial.Lo- ,Map Parcel No.1000-52-2-3i pending division of land. Loca '.-, cation: North Side of C.R. 481 8:00 p.m._Appl. No, 3652.- ` tion`of Property:-.North Side of Cutchogue, NY, County, Tax, GUIDO AND ANNA CIACIA. R_,-48:(North'.Road), Green- Princi al Clerk. Map District 1000, Section 96, , . -'Variances to'the Zoning-Ordi-` port,NY;County.Tax Map Par- p " Block 1, Lot. 19, containing, nance;.Article VI, Section 100- cel No. 1000-40-01-20, contain 45,589±s4.ft.in lot area 61, Bulk Schedule for approval jug a total area of 5.20±acres. 7:40 p.m. Appl. No. 3697 of insufficient area, width and The Board of Appeals will me this WILLIAM AND PAULA depth of two parcels in this'pend- hear`at said time and place all 19,� TUITE for a Variance to the ing,division of land located at- persons or representatives desir AmARY K.DMMt4 Zoning.Ordinance, Article XI; the. corner of the East Side of ing to be heard in each of the _ �,�rr,RY p!}6t!C,St to of t�evq,York Section 100-119.2 for permission Kerwin: Boulevard and the above'matters, -Each hearing irTfel�COuliti lyo.4498aO�� to reconstruct and extend porch -South Side of Main Road,Green- will not start before the time al �airgs C9t�roar within 75 feet of existing"bul- port.Zone District:B-Light Bus- lotted. Written comments may khead along Little-Peconic Bay. Z ness;..:County.,Tax-Map 'Parcel ; bs submitted prior to the-conclu . Location of Property:South"Side No.. 1006-53-2-20;_Pecwnfe Bay i sion of the'subject hearing For of Midway Road,Southold;'NY; Estates Lots.178 and part of 177 J. more" inforcriation, please, gall Cedar Beach Park Map No. 90, g;10 p.m: Appl. No. 37% =765-1809. Lot 113; County Tax Map Dis- JAMES MESKOURIS. Van Dated:December 31,1987 trict 1000, Section 90, Block 2, anres to the Zoning Ordinance,-_" BY ORDER OF THE Lot 6. Article III,Section 100-31,Bulk SOUTHOLD TOWN - 7:45 p.m: Appl: No. 3676 - Schedule as to excessive lot BOARD OF APPEALS ANTHONY ROBUSTELLI. coverage,and Article XI,Section-.,!,. GERARD P.GOEHRINGER, ' (Recessed-.from _December 10, 100-119.2 as to constructio + -CHAIRMAN 1987 as-requested). within 100 feet of bulkhead and ` Linda Kowalski, f'7:50 P.M.' Appl. No. 3681 - '''ordinary high water mark along Board Secretary ANTHONY AND ANGELA Long Island Sound,for the prop- 58034TJ7 LEONE Variances to the Zon osed construction.of open decksr ingSudrnance-A=tide III,.Sec attached to existing- Mtlt_9' 1 \f cii tj 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 and date of 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 RARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (816) 477-2048 MEMORANDUM Applicant : Anthony and Angela Leone Request : Request for an area variance to the Town of Southold Zoning Ordinance for applicant ' s. property located at 1355 Deep Hole Drive , Mattituck , N. Y. Dated : January 14 , 1988 Applicants are seeking to re-establish their property as two separate parcels . The premises were originally two separate lots , but due to inadvertance merged at the time of transfer of title . One parcel will measure 15 , 095 square feet and the other will meas- ure 13 , 630 square feet . Applicants are requesting the area vari- ance to provide for their family ' s future . Specifically , in antic- ipation of the continued housing crisis in Southold Town for young people and in order to avoid the unfortunate result many young people are facing , Mr . and Mrs . Leone wish to re-establish a sepa- rate buildable lot and to eventually build a house for one of their adult children to occupy . The Board is very familiar with the scarcity of affordable housing in the Town and the unfortunate re- sult that many young people are left no alternative but to leave the area. Mr . and Mrs . Leone are trying to prevent this avoidable reality and help their children get started locally . Clearly , this is a valid personal objective and will in the long run be to the benefit of the Town. Accordingly , it would be a severe hard- ship on the applicants and their family if the area variance is denied . It is well settled that the standard by which a request for an area variance is to be measured is whether strict compliance with the Zoning Ordinance will result in practical difficulties to the applicant . Although practical difficulties has never been precisely defined , it appears that the standard contemplates a balancing test whereby the hardship to the applicant is weighed against the detriment to neighboring properties and the public generally (In the Matter of Campus v . Delaney , Board of Appeals of the Village of Scarsdale , 69 AD2 990 , 463 N. Y. S . 2nd 308) . The hardship to the applicant herein far outweighs any remote and in- significant detriment to the community . In fact , applicant sub- mits that there would be no detriment to the community for the reasons hereinafter set forth . f � According to the Courts , five criteria are to be considered by a Zoning Board when considering applications for area variances : Criteria 1 . How substantive the variance is in relation to the requirements . Criteria 2 . The effect , if the variance is allowed , of the increased population density thus produced on available governmental facilities (fire , water , garbage and the like) . Criteria 3 . Whether a substantial change will be pro- duced in the character of the neighborhood or a substantial detriment to adjoining properties created . Criteria 4 . Whether the difficulty can be obviated by some method , feasible for the applicant to pursue , other than a variance , and , Criteria 5 . Whether in view of the manner in which the difficulty arose and considering all of the above factors the interests of justice will be solved by allowing the variance Matter of Wachsberger v . Michalis , 19 Misc . 2nd 909 , 912 , 191 N .Y . S . 2nd 621 , 642) . According to The Law of Zoning and Planning , 3rd edition , 2 Rothkopf , the relevant criteria for area variances are as follows :. "The questions properly before the board of appeals on an application for a variance from ' area restrictions . '---are : 1 . Whether compliance with the strict Let- ter of the restrictions governing area , set- backs , frontage , height , bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions un- necessarily burdensome . 2 . Whether a grant of the variance ap- plied for would do substantial justice to the applicant as well as to other property owners in the district , or whether a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners . 3 . Whether relief can be granted in such fashion that the spirit of the ordinance will be observed and public safety and welfare secured . 2 - t y In considering these basic questions the Board should take into consideration the na- nature of the zone in which the property lies , the character of the immediate vicinity and the uses contained therein , whether , if the restriction upon the applicant ' s property were removed , such removal would seriously affect such neighboring property and uses ; whether , if the restriction is not removed , the restriction would have a tendency to create hardship (to any extent) to the owner in relation to his efforts to make normal im- provements .in the character of that use of the property which is a permitted use under the use provisions of the ordinance" . In applying the above criteria , the following is found : 1 . The requested area variance is 81% for one parcel and 83% for the second parcel (see criteria 1 above) . While this admittedly is a substantial deviation from the present zoning requirements , the proposed lots will be in conformance with the character of the neighborhood . The following chart sets forth the lot sizes in District 1000 , Section 115 , Blocks 12 , 13 and 14 . Applicants parcel is located in Block 13 . RANGE OF LOT SIZES District 1000 , . Section 115 TOTAL # 1 to 10 ,001 to 20 , 001 to 30 , 001 to BLOCK LOTS 10 , 000 sq. ' 20 , 000 sq. ' 30 , 000 sq. ' 40 000 sq. ' 12 24 2 8%) 13 54%) 7 (29%) 2 (8%) Current 13 24 0 11 46%) 12 (50%) 1 4% Proposed 13 25 0 13 52%) 11 44%) 1 4% 14 19 11 (5%) 1 _10 (53%) 8 (42%) 0 This chart illustrates that the vast majority of lots range between 10 , 000 square feet and 30 , 000 square feet , or deviations from 63% to 88% . On average in these blocks 91 . 33% of the lots are between 10 , 000 and 30 , 000 square feet . Presently , 51% of all lots range from 10 , 000 to 20 , 000 square feet and 40 . 33% of all lots range from 20 , 000 to 30 , 000 square feet . Under the proposed subdivision , 53% of the lots will range from 10 , 000 to 20 , 000 square feet , and 38 . 33% of the lots will range from 20 , 000 to 30 , 000 square feet . Clearly , therefore , the proposed parcels will conform with the character of the area. 2 . Because of the size of neighboring lots presented in No . 1 above , (a) the character of the area will not be changed if the - 3 - I area variance is granted (see criteria 3) , and (b) there will be no substantial detriment to adjoin- ing property owners (.see criteria 2 ) . 3 . The applicant is not in a financial position to persue other alternatives to alleviate the hardships (see criteria 4 above) . 4 . Finally , the interests of justice will be served by granting the variance . Under the circumstances , I urge the Board to grant the re- quested area variance . Respectfully submitted MARIE ONGION Prepared for Submission at the Zoning Board of Appeals Public Hearing , January 14 , 1988-7 : 50 P .M. , Southold Town Hall , Main Road , New York 4 - MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2048 November 19 , 1987 Ms . Linda Kowalski Southold To-wit Zoning Board of- Appeals _,ot-hold Town Hall "la:in n ;R'o a d S o!_-, L 1i o 1 d , flew York 11971 Re : AT11 j )_.eal N.o . 3681 Anthony and Angelajl_aonre J K.p.w a sjc.i I am in receipt of your letter d'aie-'&`No*V' eM"b6r'13 ,' 1987.' Enclosed herewiLh are the following : Suff<)ik, Couril'y Depor-L.ment of Health exenipLion dated Nlovep,flu*er 12 , 1987 . Co--py of Ce-rtificates of Occupancy for all structl-ores cn the pro-porty . An applica-cion is before the Planning Board for its -Input e to a T.pl.J.c q ti c,tj . Final-ly , T am appluina foy the required DEC waiver . P.ow-- l 0 GV a T T a n d e r s L-n!i(-i t',Ij.L the event tile waiver is not issued to the pub.lic hear-l-ng ., the 'hearing will- not be delayed . Thank you for your. -.cjui. Le.,qv and cooperation . I shall k e e F, you advised of the P1 _'3__tnnJ.ng Board action . .Vc,. y truly yours , /41 IMA ZIE ONG!ONI A J j W 1';-A S' cc < Afli:1-finny ajid, A!ig-e'_' a Leone P .-c 'I' D s� 1 Y Southold, N.Y. 11971 (516) 765-1938 November 19 , 1987 Marie Ongioni Attorney at Law • 218 Front Street Greenport, NY 11944 Re: Set-off for Anthony and Angela Leone Dear Ms. Ongioni: r The following action was taken by the Sputhold Town Planning Board, Monday, October 19 , 1987. RESOLVED that the Southold Town Planning Board deny the set off for Anthony and Angela LEone located at Deep Hole Drive, Mattituck, SCTM# 1000-115-13-11 and 12 since the lots proposed are less than the required minimum area for zoning. Proposal is for 2 lots on 28, 689 square feet. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD BO/jd �P �. AA/4 I , FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z,1.1 124. . . . . . . . . . Date . . . . .August 1 1. . . . . . . . . . . . . . . . .. 1982. THIS CERTIFIES that the building s, , , (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 1355 Deep, Hole. Drive Matti.tuck /-louse No. Street Ham%t County Tax Map No. 1000 Section . .1 5. . . . . ,.Block . . 3. . . . . . . . . . .Lot . .1 1 , &, .12. . . . . . • Subdivision . . . .X. . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. .X . . . .Lot No. % . . . . . . . . . . . Requirements for a private one-family dwelling built prior to conforms substantially to the Appheation-fnr-iilding Tenlrit fieretofore-flied irr-this vf8a noted Certificate of Occupancy . . . .p r i 1. 2 3 . . . , . . , . • 1 19 5 7 pursuant to which$aiiding fermit-No. . . . Z 1.1 12 4, , , • , , ;, , , , dated . . . . .August . 1 1. . . . . . . . . . . . . 19 8? ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . a, private one-family dwelling and two accessory, storage. buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . .Ann P o s n a n s k i . (owneraesxe•er-terrene. . . . . . . . . . . . . . . . . . . . . . I of the aforesaid building. i Suffolk County Department of Health Approval . . . . . . n/r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . .ri/.r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Building Inspector Rev.1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . , Z12670. . . . . Date . . . . . . . , , August 6 . . . . . . . . . . . . . . . . . . . .. 19$4. THIS CERTIFIES that the building . . . . . . .addition. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Location of Property 1355 Deep Hole Drive Mattituck House No. Street . . . . . . . . . . . . . . . . . . . . . . .Hamlet County Tax Map No. 1000 Section . . . . .115 .Block 13 .Lot . 11 & 12 . . . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . . . . . . X . .Lot No. X conforms substantially to the Application for Building Permit heretofore filed in this office dated October .13. . 19 8 4. pursuant to which Building Permit No. . . . .12 6 8 9 Z. . . . .. . . . . . dated . . . .October 1.3 . . . . . . . . . . . . 101. ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . addition to one—family dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . . ANTHONY & ANGELA LEONE (owner,%eeee-er �j. . . . . . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . N/A . . , . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . .N 5 P 9.3 7 4: . . . . Building Inspector Rev.1/81 i SO"� ®Id �ow� and ®fAppeals 01� I_ ® 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 November 13 , 1987 Marie Ongioni , Esq . 218 Front Street Greenport , NY 11944 Re : Appl . No . 3681 - Anthony and Angela Leone (Variances ) Dear Mrs . Ongioni : This letter wJ..11 acknowledge. ..recei.pt 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 fora public hearing. It is requested in the interim that you proceed with the [ X] Planning Board [ X] Co . Health [X] DEC (for waiver) 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_i11 be scheduled for the earliest available _hearin.g date . If the above documents ) are submitted within 30 days* it is expected that a public hearing would be held about the early part of January. 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 as confirmation . Please feel free to call at any time if you have questions . Yours very truly , GERARD P . GOEHR.INGER ..CHAIRMAN By Linda Kowalski *together with copies of. all Certificates of Occupancies for the existing buildings cc : Planning Board Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14 , 1988 Copies Mailed to the following 12/22/87 : Mr . Arthur V . Junge , 6880 Nassau Pt. Road , Cutchogue 11935 Mr . and Mrs . William Tuite , 1777 Harvard Ave , Merrick , NY 11566 Mr. and Mrs . Anthony Robustelli , 48 Revere Road , Manhasset , NY 11030 Marie Ongioni , Esq . as Attorney for Anthony & Angela Leone Patricia C. Moore , Esq . , Edson & Bruer , as Attorneys for Manfred E . Kuerner Guido and Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill , Es.q .. as Attorney for Edward and Barbara Betsch Mr . Thomas Zimmerman , 39 Eric Lane , New Hyde Park , NY 11040 Z . B. A. Chairman and Members with maps , etc . Delivered to the following 12/22/87 : Planning Board (Diane and Valerie ) Building Department ( Inspectors-2 ) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery to the Suffolk Times and L . I . Traveler on 1 / /88 S�F FL!CpG✓ s ::0 -� a Town Hall, 53095 Main Road O `•�. ;.: �' 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 October 14, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3681 application of Anthony & Angela Leone 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 Southold Town Clerk MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2046 Mr . Gerard P. Goehringer , Chairman Southold Town Board of Appeals Main Road , State Road 25 Southold , New York 11971 Re : Application of Anthony and Angela Leone Dear Mr.. Goehringer : I am the attorney for Anthony and Angela Leone in their application to set off their property at 1355 Deep Hole Drive , Mattituck , New York. Enclosed herewith are the following requirements of the Zoning Board of Appeals relative to the application : 1 . Application in triplicate,, 2 . Short Environmental Assessment Form, 3 . Zoning Board of Appeals Questionnaire , 4. Copy of Notice of Disapproval . 5 . Copy of Certificate of Occupancy . 6 . Four prints of survey ; please note that the structure on the property line will be demolished . 7 . Check in the sum of $150.00 representing the filing fee . I am forwarding the Notice of Adjoining Property Owners and I shall forward it shortly If you require anything further , please advise . Thank you for your cooperation . Very truly yours , MARIE ONGIONI MO/jb Enclosures MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2048 November 6 , 1987 Msi Linda Kowalsi;.i -Soy hold Town ?onivis Beard of Appeals .Southold Town Hall. -,,.,a�; . ,. n R o a-d . Southold , N-._ Y . 11971, '34 J7/ Re : Applicati"on 'of Anthony Le-on:e ; ea?r Ms . Kowalski : Enclosed herewith are the notices to adjacent property o.-iners for the above captioned application. If you require anything further with respect to this application , please advise . Very truly yours , A, MARIE ONCIORI y0/.gib Enclosures BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY AND ANGELA LEONE NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER MR. AND MRS . FRANK ZALESKI 1035 DEEP HOLE DRIVE MATTITUCK , NEW YORK 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special xce tion (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1355 Deep Hole pkjV_e.i-. ___. Mattituck N. Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to set—off part of the lot to re—establish two separate and di st; nct parcels as described in the Suffolk County Tax Map as Dist , 1000 . S 115 , R1 1 -3 Lots 11 & 12 . The proposed lots will measure approximately 100 x 150 , typicle of a1 of in the c m ni 5. at t ie provisions PI eToutUrd Town Zoning Code applicable to the relief sought by the under- signed are Article 1 Section 106-20 [ ] 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 publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: t'/V? S� �ZV7 Pet•tione Owner ' Na C-s,:ANTH NY & ANGELA LEONE Post Office Address c/o Marie Ongioni Esq 218 Front St . , P. 0. Box 562 reenpor Y . 11944 PROOF OF MAILIN_Q OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: JANET R()YLE residingat 124 Ludlam Place , Greenport , New York , being duly sworn, deposes and says that on the 6 _ day of NnvPmhar 119 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 pecso_ns.,as-shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Staies"Post Of- fice at Greenport , N. Y . ; that said Noticesftwere Wailed to each of said persons by (certified) (wmgis=ez# mail. . Sworn to before me this daa f as , 19 8 7 c Notary eublic MARIE ONGIONI NOTARY PUBLIC, State of New York No. 24.4745191 Quo.ified in Kings County Cemtnlufen Expires/����( , t� (This side does not have' to be completed on form transmitted to adjoining property owners . ) P 572 922 809 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ^ Sent to T Mr . Frank Zaleski i Street and No. 1035 Deep Hold Drive P.O.,State and ZIP Code o Mattituck , N . Y. 1195 d q Postage $ * Certified Fee 7� Special Delivery Fee / Restricted Delivery Fee Return Receipt Showing �� to whom and Date Delivered / 04 Return receipt showing to whom, rn Date,and Address of Delivery TOTAL'"Po goo,Fees $ LL c Postmark of Dat&.";.n LL a I BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY AND ANGELA LEONE NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr . Walter Drumm Deep Hole Drive Mattituck , N . Y. 11952 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) (Spec ia xce tRon (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: 1355 Deep Hole 1x.iver __y Mattituck N. Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to set-off part of the lot to re-establish two separate and distinct p, ral - as described in the Suffolk County Tax Man as Dist 000 , Sect - 119 , B1 13 Lots 11 & 12 . The proposed lots will measure approximately 100 x 150 , typicle of a'l�ll T ofS in the c m ni 5. at the provisions oPt�ieTou'Mrd Town Zoning Code applicable to the relief sought by the under- signed are Article 1 Section 106-20 [ ] 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 publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Pe it•0ne Ownet�s Na�s,:ANT ONY & ANGELA LEONE Post Office Address c/o Marie Ongioni Esq . 218 Front St . , P. 0. Box 562 reenpor , 11944 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Janet Boyle , residingat 124 Ludlam Place , Greenport New York , being duly sworn, deposes and says that on the 16 day of November , 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 rriailed'at"th"e United States Pbst Of- fice at Green=ort , N_ Y ; that said Notice s�weteiled to each of said persons by (certified) (segis-fepedl mail. JANE BOYLE 71_��7 Sworn to before me this day of Novembja 19 87 Notary ublic MART ONGIONI NOTARY PUBLIC, State of New York Nit. h•47g5191 Quo ifieil In King* County Cotnmiulen E�Ptre 2� 19 (This side does not have to be completed on form transmitted to adjoining property owners . ) P 572 922 807 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) r` Sent �r . Walter Drumm streeV8'blO. Hole Drive m oP.O.,Rate and ZIP Code d attituck N.Y. 11952 q Postage $ * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered U � Return receipt showing to whom, m Date,and Address of Delivery mTOTAL . e and Fees $ LL o Po' friark or Date \ F tL rn , a BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY AND ANGELA LEONE NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr . Henry Romanowski Theresa Drive Mattituck, N . Y. 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (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: 1355 Deep Hole _Drivel.___ Mattituck , N . Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to set-off Part of the lot to re-establish two separatp and distinct narrels as described in the Suffolk County Tax Map as Dist 1000 , Sect , 115 , R1 13 Lots 11 & 12 . The proposed lots will measure approximately 100 x 150 , typicle of al ll lot in the c m ni 5. That tTie provisions o�tieoutth�fd Town Zoning Code applicable to the relief sought by the under- signed are Article 1 Section 106-20 [ ] 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) 7t;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard atv such lhearing. Dated: q ion r-e- - Names..:AN ONY & ANGELA LEONE Post Office Address c/o Marie Ongioni Esq . 218 Front St . , P . 0. Box 562 reenpor Y . 11944 PROOF OF MAILINCnF NOTICE __� ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Janet Boyle residing at P1a e Green port New York being duly sworn, deposes and says that on the day of Nn-1remhPr , 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 CST PPnznnrt , N Y ; that said Noticest*�eVe rMailed to each of said persons by (certified) (,cog"ift4 mail. JANET OYLE Sworn to before me this —er day of_November , 19 87 Notary Pu lic 0A`, I nNr !C_tNJ1 NOTARY WVaI.IC. Stgte of N.w York .. .. .'7 in K; 03 C°vntt 19 (This side does not have' to be completed on form transmitted to adjoining property owners . ) P 572 922 808 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) r Sent to T Mr . Henr v Str and No. theresa Drive co a P.O.,State and ZIP Code o Mattituck N . Y . 11 52 c� Postage $ ui � Certified Fee S Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return receipt showing to whom, co Date,and Address of Delivery c TOTAL Poi tage..and Fees" S U. o o Postm4 or Date c E 0 a.. FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. . .. . Z12670. . . . . . Date . . . . . . . . . . . .August. 6 . . . . . . . . ., 19K THIS CERTIFIES that the building . . . . . • additidri. . . . . . . . . . . . . . . . . . . . . Location of Property 1355 Deep Hole Drive .Mattituck House No. Street Hamlet County Tax Map No. 1000 Section . . . . •115 . .Block . . . . 1.3 . . . . . . . .Lot . .11 & 12 Subdivision . . . . . . . . . . . .X. . . . . . . . . . . . . . . . . .Filed Map No. . . . . . .Lot No. . . .. . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . October . . . . . . , 1984. pursuant to which Building Permit No. . . . .12689Z. . . . dated . . . .October 13 . . . . . . . . . . . . 1984, ,was issued, and conforms to all of the requirements . . . . . of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . addition to one—family dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to ANTHONY & ANGELA LEONE . . . . . . owner lessee-®ri�+er��J. . . . . . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . N/A . . . . . . . . .. . . . . • UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . .N599,374,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 14-16.4(9184) �i PROJECT I.D.NUMBER �. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION , DIVISION OF REGULATORY AFFAIRS T State Environmental Ouallty 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 Anthony and Angela Leone 3. Project location: Municipality Southold County Suffolk 4. Is proposed action: ® New ❑ Expansion ❑ Modificationlalteration 5. Describe project briefly: Subdivide one acre parcel into two seperate lots. 6. Precise location(road intersections,prominent landmarks,etc.or provide map) 7. Amount of land affected: Initially acres Ultimately acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? ❑ Yes ® No If No,describe briefly Special exception from Town Zoning bulk lot requirements will be required.. 9. What is present land use in vicinity of project? © Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parklandlopen space ❑ Other Describe: 2 acre residential parcels improved by single family dwelling. 10. Does action involve a permit/approval,or funding,now or ultimately,from any other governmental agency(Federal,state or local)? ❑ Yes U No If yes,list agency(s)and Perm it/approvaIs 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes C? No If yes,list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes 1Z No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n me: Angela and Anthony Leorie Date: Z f• `' ` r • 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 • SHORT VIVIR011MENTAT. ASSES" r F01114 111STRUCTIO1-St (a) In Order to answer the quostiona in this short EAF is is assumed that the proparer will use currantly available infonn-.ttion concerning the project and the likely impacts of the action. It is not expected that additional atudioe, roeeurch or other investigations will be undertaken. (b) It any question has been answered Yen the project rrny be significant and a ccr..plotad Environmental Assessment Form is necessary. (c) If all questions have been answered Ito it is likely that thin pro•J(!ct is not significant• (d) $.nvironmentnl Ansnnsment 1. Will project result in a large y�hynical change to the project site or physically alter more than 10 acres of land? • • • • • . . • • • . • Y e v X Ito 2• Will there be a major change to any unique or unusual land form found on the site? . . . • . Yon �_ 110 3. Will project alter or have a largo offoct on an existing body of water? • • • • .• • • • • • -_ Yen X Ito En 4. Will project have a potentially largo impact; on groundwater quality? • • • • • • • • • • • • You X Ito ``' in 4 5• Will project significantly• effect drai.nago flow on adjacent sites? . . . . . . Yns X Ito of ., _J ! 6• Will project affect any throatunoll or endung,erod -plant or animal spccies? . • • • • • • • • • . Yc'1 _X Ito •_. n 79 Will project result in it major advor:in offoct on air quality? • Ye.-i X Ito $• Will project have 'a major offoct cn visual char- acter of the COMnunity or scenic views or vistac =: v known to be important to tho cur mun.ity? Ycn �� Ito N 9• Will project advornely impact any sito or struct.- uro of historic, pro-historic, or paleontological importance or any site designated an it critical onvironmental area by a local agency? 9 Yon . X Ito 10. Will project have a major offoct on existing or future recreational opportunitios? • . . Yes .X Ito 11. Will projoct.result' in major traffic problems or cause a major affect to existing; transportation systems? you X No = 12. Will project regularly cause objectionable odor.^., noise, glare, vibration, or electrical disturb-ance as a result of the projectI3 cperation? Yon X Ito •:J 13• Will project have any impact on public health or V safat7? • • • . '• • • • • • • • -- Ye.,. X NO 14. Will project offoct the axiuting; community by directly causing; a Growth in permanent pupula- tion el' more than 5 percent over a c'ne•,your period or have a major negative o ff ect un the character of tho community :r nei,;hborhood? . Yes X No 15• Is there public contrr0vurn• conca nin,; :he project? Yca _}�^ 110 PREPa.1ER'S SIGNATIME-1 _- TITLE: Attorn_ev- REPRES=;TING: Anthony Leone & Angela Leone I),1•PL•': Jima L t r• ' 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 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 ? Yes (No) 2 . a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by- Yes (16) Town Code , Ch . 97 for your reference . ) *b) Are there any areas open to a waterway without bulkhead? Yes C-No) 3 . Are there existing structures at or below ground level , Yes ( � such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yes 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes (No) average ground level ? State total : _ ft . 6. If project is proposed for principal building or structure , is total height at more than 35 feet above Yes HNo) average ground level ? State total : ft . ---- 7 . Are there other premises under your ownership abutting Yes (NoJ 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 Cwo) 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 (ems) No Town Board es No Town Trustees Yes No County Health Department _ Yes No Village of Greenport Yes No N . Y . S . D . E . C. ( e sY No Other Tes No 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers Yeses) and conditions of sale . (from contract ) . 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes -Ctv) 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 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 t i m e single family residence _ a n d proposed single family residence *Please submit photographs for the record . I 'certify that the above statements are, true and are being submitted for relianc y the Board of Appeals in co'nsidering my . application . Si "NANO pe L wner Authorized Agent 3/87 1 k § 97-13 WETLANDS § 97-13 ` TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- / 85 by L.L.No.6-19851: 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 title are covered by tidal water:}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, gill cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to,'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. 13. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environnienuil Conservation Iaw of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 130)tint] lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." ' 9705 2-25•Hii PF30(6177)Standard N.Y.B.T.U.For~ 0"7 Bargain and Sale Dead,with Covenant against Gn Acts-Individual or Corporation. CONSULT YOUR LAWYER BEFI 1IGNING FHIS INSTRUMENT—THIS INSTRUME COULD BE USED BY LAWYERS ! THIS INDENTURE, made the 14th day of June, nineteen hundred and ei ht two g y- , NS;.R92R PAGE 257 I BETWEEN ALFRED J. POSNANSKI, residing at Box 30; Plainfield, New Hampshire 03781; MARY ANN SONIER, by ALFRED J. POSNANSKI, her attorney-in-fact, under Power of Attorney recorded in Liber 9183, j page 48, residing at 316 St. Patrick' s Street, Houma, Louisiana 70360; and HELEN POSNANSKI COX, by ALFRED J. POSNANSKI, her attorney-in-fact, under Power of Attorney recorded in Liber 9183, page 50, residing at P. 0.. Box 188, Brent, Alabama 35034, \�C1 party of the first art, and . p ANTHONY LEONE and ANGELA LEONE, his wife, both residing at 29 Miriam Road, Mattituck, New York 11952, i I � � I party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100----------- -7-----------------------------($10.00)----------------------- dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the parry of the second part,the heirs, or Dist. successors and assigns for the party of the second part forever, ` 1000 ' ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying Sec. 115d() and being mgm at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ' Block 13-0er BEGINNING at an iron pipe set on the easterly side of Deep Hole Drive distant southerly 1205. 93 feet from the- intersection of the easterly Lots side 'of Deep Hole Drive with the southerly, side of New Suffolk Avenue; from said point of beginning ,011000 RUNNING THENCE the following four courses and distances, all along opp160 the lands of Frank Zaleski, to a monument set in the easterly side of Deep Hole Drive, to wit: South 87 degrees 19 minutes 20 seconds East 150 feet to an iron pipe; a`,rsc 2. South' 2 degrees 21 minutes 40 -seconds West 81.53 feet to an iron Pipe; °nzusy i South 13 degrees 33 minutes 00 seconds East 100 feet to a monument and 4. South 85 degrees 50 minutes 10 seconds West 150 feet to a monument on the easterly side of Deep Hole Drive; RUNNING THENCE Northerly along the easterly side of Deep Hole Drive on a course with a radius of 280. 50 feet, 129. 70 feet to a point; RUNNING THENCE Notth 2 degrees 40 minutes 40 seconds East 70.30 feet still along the easterly side of Deep Hole Drive to the iron pipe at the point or place of BEGINNING. BEING AND INTENDED to be - the same premises described in deeds recorded in Liber 4298, page' 363, and Liber 4468, page 444. RECEIVED- , ..$..._�1�..�'.. ' REAL 6STATE JUL 14 1982 TRANSFER T 4 r SUf FOLK Col1NTY 6IA.EF9211 PAGE 259 rr '' STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF N Rff, COUNTY OF G CQF+Z— ss: On the 14th day of June, 19 82, before me On the I day of 19�2-, before me personally came ALFRED J. POSNANSKI personally came �1 d /i'1 �r�e _11114 Igo.,n a n S(c.k.. to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged executed the foregoing instrument, and acknowledged that he executed the same. that executed the same. (% T�1!C%t 1' THIA, fi. RO' o}r:n FluLiic GERALYN GERLE ' NOTARY PUBLIC,State of New York My Commis�,oii L rplrrs t rctobcar 2�, 1a8'. No.4150631,Suffolk Countp q Term Expires March STATE OF NEW YORK, COUNTY OF SUFFOLK, ss. : r4--�'�ar�. On the 14th day of June, 1982, before me personally came ALFRED J. POSNANSKI, to me known to be the individual described in, and who executed, the fore- going instrument, and to me known to be the attorney-in-fact of MARY ANN SONIER and of HELEN POSNANSKI COX, the individuals described in, and who by their attorney-in-fact, executed the same and acknowledged that he executed said instrument as the act and deed of each of said MARY ANN SONIER and HELEN POSNANSKI COX by virtue of a Power of Attorney executed by each dated March 17, 1982, and March 16, 1982, respectively, recorded in the Office of the Clerk of the County of Suffolk on the 14th day of May, 1982, in Liber p 9183, page 48, and in Liber 9183, page 50, respectively. I Q Y THIA Q, F' Ilc MY roisslon E);alrayF70 Octofot9ryjor ill 11d84 ` - 1', r • a wa,ilqutlt Ulm ?'air wrrU SECTION With Covenant Against Grantor's Acts '�j BLOCK c� Title No. �v��d- 0 5v� LOT ALFRED J. POSNANSKI, MARY ANN COUNTY OR TOWN SONIER and HELEN POSNANSKI COX Recorded at Request of TO lE UFE TITLE INSURANCE Company of New York ANTHONY LEONE and RETURN BY MAIL TO ANGELA LEONE, his wife Stephen D. Siegfried, Esq. Standard Form of New York Montauk Highway Board of Title Underwriters Hampton Bays, N.Y. 11946 Distributed by P Y L&FIFE TITLE INSURANCE zip No. Company of New York CJ N J U_= _ (L 1 .� _WJ ? " u CDL ° LLc; <a rn Or O' w cc - o U W W cc > U. W L OW cc r I , r _ ts1��R91211 P A GE258 TOGETHER with all rights,title and interest, if any, of the parry of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party ofthe first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parry of the second part,the heirs of successors and assigns of the party of the second part forever. V AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part;in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund �ie,:jlili;:"tt)ifaf .;.' ��...��.. to be applied fffst f Dr th,e purpose Qf.:payf ng the cost of the improvement and will apply the same,first to the peyment . to f;r k of the cost of the irrlpro`• ,v-", 9 �IAre using any part of the total of the same'for:any'other_purpose._` The word "party" shall be construed as if it read "parties"whenever the sense of this indenture,so requires.✓ ? IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year.first above written: JN PRESENCE OF• v� f 41ed J. Posnanski, individually s A ed .J.. Posnan as attor- ne i fa for ry, Anri 'S ier { �W � 4 ZOO e os ans i, as actor- i nee in fact for Helen Posnanski -' ° ~ .� ^ ` ' _ ?F� zs 31.1 14 la It 20 21 20 To ' Iz 12 17 16 is AW 21- SECT".Wj SOUTH LD JL ��V Real Property Tax Service Agency Riverhead, L. I., New York FOR PARCEL No SEE SEC No 123-03-026 It 14 . . N. yw li o p �a•- �.' r Yd e 3 ,a i fir•.!•4• �rd., , - :i. •.Y •;L'. 28 ^ r�. iP - -+'•- 13 $ •'_t: i., .•tip• .,;��� • :';,a-rca Y:r. ,S«z. :t���:":.,: ..q'r� _:a'.i� .F':•`v'' L'�:: '•i°';-:P i ';'x �•y- ; na•'14 _ .^-` •: _ .:r. 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