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Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.J., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3031 Application Dated September 3, 1982 TO: Mr. and Mrs. Thomas Occhiogrosso [Appellant (s) ] 77 Vanderbilt Boulevard Oakdale, NY 11769 At a Meeting of the Zoning Board of Appeals held on JANUARY 13 , 1983 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 [ ] Request for The public hearing on this application was held on December 22 , 1982. Upon application of THOMAS AND .JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769, for a Variance to the Zoning Ordinance., Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923; Lot 28 ; County Tax Map Parcel ID No. 1000-78--04-019. The board made the following findings and determination: By this appeal, appellants seek permission to relocate -the proposed new dwelling with an insufficient frontyard setback from the east property line at Corey Creek Lane at 13 feet and rearyard setback at 45 feet from the ordinary high water mark in order to locate the house on the filled dredged spoil area. The N.Y. S. Department of Environmental Conservation has approved this location over the previously approved location, approved during 1979 by this board in Appeal No. 2610 and by the N.Y.S. Department of Environmental Conservation under TW #15276- 0186A, and Town Board Wetlands Permit #27 dated September 11, 1979. It is the feeling of the board that -the new dwelling structure should not be located any closer than is necessary to the high water mark, and practical difficulties in relation . to the insufficient rearyard setback relief requested has not been shown® The premises in question contains an area of approximately 20 ,000 square feet and is vacant land.. It is noted for the record that previous applications have been made to this board under Appeals No. 2610 dated September 14 , 1979 and No, 2547 dated May 2 , 1979. In considering this appeal , the board determines that -the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allow- ing the variance no .substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method fea- sible for appellant other than .a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner. in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. DATED: January 27 , 1.983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) " Paye 2 - Appeal No. 1 Matter of THOMAS & JACQUELINE OCCHIOGROSSO Decision Rendered January 13 , 1983 On motion by Mr. Sawicki , seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3031 , application of THOMAS AND_JAC- QUELINE OCCHIOGROSSO for permission -to construct new dwelling, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the rearyard setback shall be no less than 50 feet from the high water mark (rear property line, whichever is closer) ; 2 . That the frontyard setback from the east property line at Corey Creek Lane shall be no closer than 20 feet; 3. That this approval is subject to compliance with the Flood Plain Management Laws of the Town of Southold. 4. That this approval is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323 , et seq, of the Suffolk County Charter. Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates, Filed Map No. 4923 , Lot 28; Suffolk County Tax Map Parcel ID No. 1000-78-04-019. Vote of the Board: .Ayes: Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki . This resolution was unanimously adopted. APPROVED WEIVED AND FILED BY Hi:L SOUTaiO.D TO 14 CLERK )ATE �1�� I,F3- HOUR 4o�vn Clerl'To 'O you o cl Southold Town Board ®f Appeals OO`'�O 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall , Main Road, Southold, NY on Thursday, December 16 , 1982 commencing at 7 : 30 .o'clock p.m. , as follows: 7: 30 p .m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H- :Bruer, Esq. , Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36 . 7 :35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq. , 117 Newbridge Road, Hicksville , NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots , each having insuffi- cient area and width at .Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7 :40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel , NY; County Tax Map Parcel No. 1000-126-09-013. 01. 7 : 45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY .11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923 , Lot 28 ; County Tax Map Parcel ID No. 1000-78-4-19 . A Page 2 - Legal Notices of Hearings Southold Town Board of Appeals .Regular Meeting for December 16 , 1982 7 :50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114 , Cutchogue , NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie' s Road. Location of Property in Question: Skunk Lane and Leslie ' s Road , Cutchogue, NY; County Tax Map Parcel ID Nos'. 1000-97-4-11 ,' 12 and,:17: 8 :00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1 . Location of Property: West side of Mechanic Street, Southold,, NY; County Tax Map Parcel ID No. 1000-061-04-013. 8 :05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17 (C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8 :10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, 'Mattituck, NY for a Variance for .approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8 :15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which , exceeds the 20o allowable lot coverage. requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 548, part of Lot #35. 8 : 20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price, Jr. , Esq. , 828 Front . Street, Greenport, NY for a Variance . to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012 . 2. ` . Page 3 - Legal Notices of Hearings Southold Town Board of Appeals .Regular Meeting for December 16 , 1982 8 :30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary --------------------------------------------------------------------------x Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 11 affidavits of publication to : Board of Appeals, Main Road, Southold, NY, on or before December 15 , 1982. (Tel. 765-1809) --------------------------------------------------------------------------x Copies mailed to the following 12/3/82 : Suffolk Times L. I. Traveler-Watchman Rudolph H. Bruer , Esq. for Mr. and Mrs. Charles M. Nelson Alfred J. Skidmore, Esq. for Mr. William Burkhardt Gary Flanner Olsen, Esq. for Ms. Marguerite R. Wasson Mr. and Mrs. Thomas Occhiogrosso Mrs. Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr. , Esq. for Theodore and Mel Metalios Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. Lessard (Building . Department) and Town Board • FORM NO.3 Y TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL �3` , 19���. . FileNo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . .! . . . . To ��"(liS J.A eQ ! rrC--. . Occ H t o �� Osso -7-7 Vh1VDEP--P ( Lr -bV�,b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a �. . . . . . N' . . .. PI,,EASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . AU��. . .. . ., 19 for permit to construct.. z w�LL-I N Cr• • • • • • • • • . • • • • . . . . . . I . . . . . . . . . . . . . . . . . at Location of Property . . �r . . . . . . BR .' . . . . h.t PZ House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . .. . . . . . Block . . . . . . . . . . . . Lot . . (,9.. . . . . . . . Subdivision CO-`e�. .C �• �FiTled Map No. . . . .4.�.�� . . . . Lot No. . . . ��. g, . . . . . . . . .. is returned herewith and disapproved on the following grounds . . .1. F�ctT. . . j�bNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ZON�.p. . • .�ISTI-�'1eT �d�' •�ESi��IV'�iA �. — ,¢}-G7��C'uLcTuiz�L- l'JSE� Building Inspector RV 1/80 ✓ Cam / �< .. V-0 FORM NO. 1 _ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No. ................................ xamined ......................................... 19........ Approved ....................................... ., 19......... Permit No. .................................... Disapproveda/c ............................................................................................ ................................................................................................................... ................................ . ............................... Building Inspector) APPLICATION FOR BUILDING PERMIT Date ......... '. ..4.......................... .. 19.......... . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (G' Signature of appl' ant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................................................,........................... ......�...,......................................................................................... . Name of owner of premises � '...... '!... ............. cl '!/ L!! r `l0'G�............... ... .............................................. . If applicant is a corporate, signature of duly authorized officer.. ................. .................................................................... (Name and title of corporate officer) Builder's License No. U • f? Plumber's License No. ................................................T r ivm k t� Electrician's License No. ` OtherTrade's License No. .............................................. CAY4/ 9/1 I.- Location of land on which proposed work will be done. Map No.:�O.eC���� � .. Lot No. Street and Numb®N L`.0..��.64&711...�,L65K......4 ...............................................................M.......unic ipapa. . .....lity........ 2. State existing use and occupancy of premises and 'intended/use and occupancy of proposed construction: a. Exisiting use and occupancy ............ ................................... ...................................... b. Intended use and occupancy ...... .......h. �� �� � ........................................................................ i 3. Nature of work (check which applicable): New Building. .................. Addition .................. Alteration ., Repair Removal Demolition..........:..... Other Work (Description) 4. Estimated Cost .......................Fee ............ . .... .............................................................................. . (to be paid on filing this application) 5. If dwelling, number of dwelling units .........I................Number of dwelling units on each floor ............... ............. Ifgarage, number of cars .......... .................................................................. ..................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................. Rear ................................ Depth .....:......... :.... Height ........................ Number of Stories ... ......................................................... Dimensions of some structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................Number of Stories ................................ 8. Dimensions of entire new construction: Front .........gQl... Rear �11 l f Depth —;P � Height. �......... Number of Stories ..1 - ..........1!//. 1�.....!mil /.�... °/�/F.. .�stt°l�'1�4.. ........ ..... 9. Size of lot: Front / 8S t� 6-` Rear ....... .......... ........... .....�.......... � .�.7. ....... Depth 3.7............................ ........... ................... 10. Date of Purchase ... ....f,J.....................................Name of Former Owner c'.. Q 11 Zone or use district in which premises are situated .............. .. /�' r ,,,-• „ 12. Does proposed construction violate any zoning law, ordinance or regulation: U(.. ,. 13. Will lot be regraded ...... ............. Will excess fill be removed from remises: ��P� (►/ No ' premises, 4�p 771d, ! '� Ption�� 14. Name of Owner of .�5..... . k:'.rs��!?yF....•.....•.... Address ....... ' e No.4;xP-„.��.'W,...... Name of Arc� l..7g?/d/ i� jSi..-;. -/��/fi./G2ossre... Address Phone Phone No. ...................... Name of Contractor � ...5 :L�I��TA�vL�, !/s?1�.,,,,••-, Address ,�:. 5.,,.,�f�,,,,, Phone No. ' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and -indicate whether interior or corner lot_ STATE OF NEW YORK, t COUNTY OF ................................f S.S ..................being duly sworn, deposes and says that he is the applicant (Name o individual signinccontract) above named. Heis the .......................................................:................................................./....................................................................... (Contractor, agent, corporate officer, etc.) of said owner, or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this opp'licetion are true to the best of his knowledge and belief; and thar the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ............................................1 19........ NotaryPublic. .................................................... County .................................................................................. (Signature of applicant) TOWN OF 'SOUTHOLD, NEW YORK $E���P�!ESZAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.�-30`31 TM ad * DATE ....................... .. ... �� TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y, 1, (We) IAP � Ce.of ..'11. .AMD. B/l , . !Az.......................... Name of Appellant Street and Number 5� .l�OA� ......../ : ..........................�/�P�9.............. ..../0r�'.........:.:HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ... �a .... �.1 ��.v2........ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of - //7G ..y ..40W..........D/ ... ....... !.................y.... Street and Number Municipality State (✓f PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF.THE, PROPERTY .... . ee1�T.. ft � . ... ..... ...... Street Use District on Zoning Map Map No. Lot No. 2. ' PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Ag� _R I 3. TYPE OF APPEAL Appeal is made herewith for ( V) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low 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_ Vorionce to Section 280A Subsection 3 (� A Variance .tcx lhe�Zoning Ordinance is requested for the reason that Form zs1 (Contipue qn�/theP side) .iY9. �d•�lfF 7r_ .:T 1'�?N9Y�.�,1�V�! vi„ljo-4,114mf REASON FOR APPEAL` • Continued 1. 'STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because U 1 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 41 .�� i. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss ................. ..... ............ COUNTY OF ) Signature ""— Sworn to this ........�1 .?. ............. day of.... v. .��....................... 19 .. . .... .... ......... Notary Public nlLUAM H,PRICE,JR. way PUBLIC.State of New York Suffolk Countq No 4644944 rerM Expires.March 311,,1983. P O P420PEF-Zz-Y f � e 115 - POAUTHORIZED Y€RAT:DN C) ADf�171073 ` 1��f 1• 4 / THIS SURVEY-7$-A WOL'ATION CIF '7'�+ F • ��� �/�►� =T10N 7209 OF'THE NEW YORK STATE • 1 V 1� �LC" �„r�.ac„r i• r7'.✓�Dy/h�y IDUCATION LAW.' t I i COPIES OF THIS SLVY MAP NOT BEARING .THE LAND SURVEYO.'S1INKED SEAL OR ((,J� IMBOSSED SEAL SH LL J40T BE CONSIDERED I O 1 - 70 BE A VAL_ TRU COPY, O "` GUARANTEES INDICA,EDiHEREON SHALL RUN I d► 8�°���f r' ONLY TO THE 7E;SG, +3�W V/HOM THE SURVE' ` IS PREPARED, AND O;J,HIS BEHALF TO THE fciLF COMPANY, GOY FN__NTAL AGENCY . L.NDING INSTITUTION LISTED HEREON, qNp { TO THE ASSIGNEES OF THE'LENp,I,'G IT 1. . i' .•� TUTION.GUARANTEES AREt?1<OT O ADDITIONAL �t No-he: L_oi-Hcattf(�Y5 5cr two# 0- si�rt�f-r1�M: t C7 = tarot rutn�E rf- .! ! .!_ (3 \� �levcr>Ltn�B 6�taa1lr! vec. zd' t977. f v'c!i'a my Q;©. el4v. - If.W. in erg; in I o: - �r��•tov�/y I 2 'r. Arrrerrc&xy 0---c.12,P-9-78 Glxr 71t3 h¢fe Fr'r6-r Awc-�vkcw 7'e He 1rt.�c�.rt71 .Gc�. r 00 .:4�- � '- � L/Cevt Sid Lc7ttd �w c�r•� ar14: New-)r atr� COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter_ , the following applications which have been referred to the Suffolk County Planning . Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Ernest E. Wilsberg 2811 Jerome E. & M. Dorothy Bloom 2977 Robert W. Gillispie, Jr. 2978 Madeline J. Heinisch 2979 Peter S. Terranova 2983 Anthony & Carmela Prisco 2984 Alice G. Levien 2985 Peter D. Pizzarelli 2986 Marguerite R. Wasson 3015 Alice G. Levien 3020 Mary Sayegh 3021 William Keinath 3023 Thomas & Jacqueline Occhiogrosso 3031 Michael & Annette Collins 3038 Andrew Pafitis 3042 Nicholas W. Ippolito 3044 Allen Ovsianik 3048 Theodore & Mel Metalios 3059 George & Natalie Weiser 3071 Harold P. Schwerdt 3076 J. Royal & Virginia Gifford 3083 Patnick Realty Corp. 3084 Ann Wyden & Peggy Heller 3089 John F.. & Mary McFeely 3102 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L. 1., NEW YORK 11788 I- o Southold Town Board of Appeals ��- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. : 3031 Applicant: THOMAS AND JACQUELINE OCCHIOGROSSO, Location of Affected Land: 1580 Corey Creek Lane, Southold County Tax Map Item No. : 1000-78-04-019 Within 500 feet of : Town or Village Boundary Line _XX Body of Water (Bay, Sound or Estuary) Gdre X Cf-ee'k 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. was granted COMMENTS: Applicant 3kax Rtx�kW permission to re-looate dwelling with insufficient front, side and rearyard setbacks. Copies of Town file and related documents enclosed herewith for your review. Dated: July 1983 /? G��' ='i✓l� Temp. Secret ry, Board of Appeals Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 OI �� TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 31, 1983 Mr, and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER. CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department NOTICE NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of COUNTY OF SUFFOLK ss: the Town Law and the Provi- STATE OF NEW YORK sions of the Amended Code of the Town of Southold, a Regular . Meeting 'and , the following public hearings will Patricia Wood, being duly sworn, says that she is the be held,by the Southold Town `Board of Appeals at the Town' Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Hall, Main ,Road, Southold, a public newspaper printed of Southold, in Suffolk County; N.Y. on Wednesday, Decem- ber 22, 1982 commencing at and that the notice of which the annexed is a printed copy, 7:30 o'clock p.m., 'and as follows: has been published in said Long Island Traveler-Watch'- ,r 7:30 p.m. Application of man once each week for ..............weeks . ...................... .. CHARLES M. AND KATH- 1611 zz, RYN BLASS NELSON; by / Rudolph H. Bruer,Esq.,Main successively, Comm nc�ng on the .................................... Road, Southold, N.Y. 11971 day d ........... ......................................... 19........ for a Variance to the Zoning _ Ordinance, Article•III, Section . �.� 100-31 for permission to estab- """ "' "'' """••""..... """""""" fish two legal building lots; each having insufficient area and width at Wabasso Street- Southold,, _ N.Y.; County Tax Map Parcel ID No.s 1000-78-3- >� -i31, 34 and 36. Sworn to before me this / ....... day of 7.35 p. . Application of WILLIA 'BURKHARDT, c/o ,,,,,,,,,,,,,,,,,,,, 19..... ........... . Alfred J. kidmore; Esq., 117 Newbridge Road, Hicksville, N.Y. 11802 for a Variance to the Zoning Ordinance, Article III Section 100-31 for permis- sion to reestablish two legal ••• •• .............................. building lots, each 'having , N• 3ry Public ifisufficient area.and width at ! Wabasso Street, Southold; { CLEMENT J.TVHOMPSOpd N.Y.; County Tax Map Parcel . NOTARY PUBLIC,State of Neat Yorit ID Nos. 1000-78=3-39 and 41. Residing.52-9321725 7:40 p.m. Application of g P Suffolk Caur4y MARGUERITE R. WASSON, Commission Expires March 10,1 by Gary Flanner.Olsen, Esq.,. Main Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to estab- lish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic-Bay Boulevard, Laur- el, N.Y.; County Tax Map Parcel No., 1000-126-'09-013. O1. S p.m. Application of f OMAS AND JACQUELINE CHIOGROSSO,..77.Vander- Boulevard, Oakdale, I 69 for a Variance to the ing Ordinance, ArticleIII, tion 100 31 for permission re-locate dwelling with ufficient front, side and ryard -setbacks at 1580ey Creek Lane, Southold, .; Corey Creek Estates d Map #4923, Lot 28; nty Tax Map Parcel ID No0-78-4-19. 7:50 p.m. Application. of COUNTY OF SUFFOLK. I Legal Notices STATE OF IMEW CORK. � ss: NOTICE OF ' _ Troy Gus-tgxrson ADJOURNMENT . . . . . . being dually Sworn. PLEASE TAKE NOTICE that the Southold Town Board says that . he . , is Printer and P ublishez of the SUr OLY of Appeals Regular Meeting.. and 'Public,. 'clearings for ,: WZEKLT TIMES, a newspaper published fit GseealpOrt. in svid December 16; 1982 and. advertised in the December 9, 1 county; and that the notice, of which the annexed is a printed 1982 publication of the Suffolk Times, .. - have ' been copy. has been published in the scdd Suffolk Weekly °I'mes ADJOURNED CIN` I'L WED. NESDAY, DECEMBER'22;: once in each week, for . . . . .one. . . . . . . . . . . . . . . . . .reeks 1982 AT THE SAME*TIMES-.'` 16th AND PLACE.Dated:December 10,19II2. successively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . 4,1 BY ORDER OI' day ®f 1 THE W B LD . . . . . . � . . . . . . . . . . . . . TOWN BOAOARD OF APPEALS ` .4... GERARD P.COEIIRINGER Sworn to before sale his . .'! 6th. . . CHAIRMAN By Linda Kowalski,: day of . . . T)e CeMT)e�'. . . . 29. B 2. J �/ Secretary765-1809(180-9). ���� ✓ ,0� UGL_ 1TD16-4129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAELEN K. DE VOE NQIARY PUBLIC, Stale of New York No. 4707878, Suffolk County. Term Expires Nlarch 30. 19k� l h S TO oard of Appeals MAIN ROAD -. STATE ROAD 25 S❑UTH❑LD, 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 December 10 , 1982 . JOSEPH H. SAWICKI Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale , NY 11769 Dear Mr. and Mrs. Occhiogrosso: We regret to inform you that the December 16 , 1982 meeting and public hearings have been adjourned to Wednesday, December 22 , 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions , please don' t hesitate to call our office at (516) 765-1809. Yours very truly, GERARD P. GOEHRINGER ' CHAIRMAN By Linda Kowalski, Secretary Enclosures �f Southold Tows Board 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 NOTICE OF ADJOURNMENT JOSEPH H. SAWICKI PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16 , 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL WEDNESDAY, DECEMBER 22 , 1982 AT THE SAME TIMES AND PLACE. Dated: December 10 , 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) -----------------------------------------------------------------------x Instructions to Suffolk Times: Please publish once, to wit, December 16 , 1982 and forward one affi- davit of publication to the Board of Appeals, Main Road, Southold, NY on or before December 16 , 1982. ?y i..da. Item -or c i�.'^,an. /Me?;bors Copies "J NE14 YORK STATE DEPARTMENT OF ENVIRONM4TAD OgN�!s.ERVATTJTJJlt-,r his Azant Building 40, SUNY--Room 219 ( ) Stony Brook, NY 11794 C Y'�'r `o --- ( JJ'OriUinal f'or ZL11 file (516) 751-7900 ( ) Comma is or Repay Requested Novembeh 1, 1982 AML MMENT TO PERMIT Town of Southold RE: Permit No. 10-32-0-3 ?eloc�ti. �n �f =Ious� and sanit-.-.ry system. Thomas Ja.c iueline Occ'hio7rosso 77 Vander'.Dilt 31vd. 0--.kd-tlP, ; 11?69 Dear .fir. ',Irs Occ'iiomrosso : Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: 4elocatin^ the or000sed house to 13 feet from the easternmost ,Droo-rt,y line , and the houses southernmost loc 3.tion a minimum of 25 feet from the mean iiq-h water mt-i.rk or the landwardmost :portion of tidal wetlands along; t-ie canal. The sanitary system m ast be a -ninimum of 100 feet from all tidal wetlands. -.11 house construction must take ol:-7tce on the orevioT.asly filled dred-:re:1 spoil area.' This letter is. an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. cc : S')uth-.ld Town 3oa.rd Very truly yo s,� .'"sin Rn :out :old, LI , 1j . 1197jr`/ Daniel`J Lar ` Region Permit Administrator DJL:cz // ? • e 5 6 42�� � oCJ board Q Appois Tavin of Southold. 3G Town Board' of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 i APPEALS BOARD MEMBERS G.ERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS October 23 JOSEPH H. SAWICKI 1982 Mr . and Mrs . Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale , NY 11769 Re : Appeal No . 3031 Application for a Variance New Location for Proposed Dwelling Dear Mr . and Mrs , Occhiogrosso : Late yesterday afternoon we were again informed by Mr . Dennis W. Cole, Environmental Analyst of the D . E . C . in Stony Brook , that your proposed new location of this dwelling at 13 feet from Corey Creek Lane ( on the east) will require an amended application and amended approval from their agency, The Board of Appeals has again reviewed all documents that you have submitted for the variance application and it is their opinion that the p.ppropriate amended D: E , C . permit has not been received . It is imperative that this amended permit for this new location be filed with our office prior to scheduling this matter for a public hearing . It is our understanding that Mr . Cole was to contact you by telephone yesterday and. perhaps this amended D . E . C . permit can be received soon . :_: Please keep us advised., and in the event our office receives the amended permit for this new location prior to November 3rd , the deadline for the next Regular Meeting , we can place this matter on the November agenda . Yours very trul , GERARD P . GOE' RINGER lk CHAIRMAN / Southold Town' Bard f o Appeals MAIN ROAD - STATE ROAD 25 SOUTH❑LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS October. 19, 1982 JOSEPH H. SAWICKI Mrs. Jacqueline Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: Appeal No. 3031 Application for a Variance Dear -Mrs. Occhiogrosso: Receipt is acknowledged of your letter dated October 18, 1982 regarding your recent variance application. Also, at our next meeting the board will consider schedul- ing your application for a public hearing; however, it is not necessary for you to be present until the date of the public hearing. In the .interim, please forward a copy of the DEC permit which you refer to in your letter requiring you to relocate the new dwelling and a copy of the DEC map. We do have a copy of the map approved by the Health Department which you have provided for our files. We are sorry if there has been an inconvenience, but be assured that we are only trying to determine our file complete with copies of all other agency approvals. Apparently, the DEC does not have the same plan in their file as you are proposing in your variance application; and without being sure that both approvals coincide, there may be a delay that we are trying to prevent for all involved. Please send us the information mentioned above in order that we may complete our file and expedite the processing. Yours very truly, GERARD P. GOEHRINGER lk ' CHAIRMAN i A5, v' Al Ja/ tee /a d'.lam%, L '. � %®`,'fz, rid ZVe- ell ae il n r .ice' GH%G•i�Pi ���i�d ..�`��✓� �i �� � �L/ ..- -�/o�/� /���'%�`���r- y f � o \W OLI( Southold Town f o®ard Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.-Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR ROBERT J. DOUGLASS October 4 1982 JOSEPH H. SAWICKI Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re : Appeal No. 3031 Dear Mr. and Mrs. Occhiogrosso: Regarding your most recently-filed appeal for a variance to construct new dwelling with insufficient front, side and rear yard setbacks, it has been noted in the application the reasoning you give for this "amended" location would be due to noncompliance with D.E. C. and Health Department approvals. In researching the history of this parcel, we find that prior variance applications have been filed, and .on October 11, 1979 a variance was granted under Appeal No. 2610 for a very similar location to that which you are now applying for. =--It is also noted that in 1979, the D.E. C. permit (No. TW15276-0186A) and Town Wetlands Permit (No. 27) have allowed the construction of a single-family residence. We are enclosing copies of the 1979 approvals for the construction of a single-family residence on the parcel in question. At your convenience would you please notify us as to why there are changes from the previous permits, and if you wish to proceed with this new application, it is requested that these amendments be filed with the D.E.C. and Health Departments and approved by their agency prior to scheduling the variance for public hearing. Yours very truly, lk GERARD P. GOEHRINGER Enclosures . CHAIRMAN New York State Department of Environmental Conservation Ala Regulatory Affairs Bldg. 40 SUNY Stony Brook, NY 11794 751-7900 �� Robert F. Flacke � Commissioner September 21., 1982 /c � �v NOWo f Peals Town 0 -p�i � lp�� Southold Town Board of Appeals Main Rd State Rd. 25 Southold, NY 11971 Re: 10-82-0326, Thomas and Jacqueline Occhiogrosso Dear Ms. Kowalski: I am enclosing copies of the plans that were approved by this office for the permit mentioned above. (Please notice the linear sanitary system and the retaining wall 'at the base of the fill which is sloped on a 1:3 grade) . The plan your office forwarded has the home approximately 40' from ordinary high water mark and appears to be "tilted" in a east-west direction. As I mentioned in our telephone conversation, this Department has no objection to the residence being located closer to the road and in fact, we encourage it in this case, as it would move the residence and retaining wall back away from the wetlands located in the central portion of the lot. Naturally, the home should remain 45' north of the mean 'high water Mark- Please inform this office on what your final approval consists of so that both permits are identical and, therefore consistent. Sincerely yours, Dennis W. Cole Environmental Analyst DWC:dr Enc. .,;.Y,•'CJ,� �'"*�`�l ..., *ts+t�b:�,rr,,.?+,�" "'" `�°9Cr"d� ;C:�.� c�} i.._. _ ... fl�wd:a � +fl MCJ sp.. ay : • .:AII. -N ! 00 . 'µ,I•..q r�.ram(-r ; ..�� � ./�.� � •i� +�y �j 4 i ., <Y'JDYJC6'!t1%'6?� �;�/_ Ia1V7l.�§7/.�� •�sr�1� •. �/ , . ' 6461�PEV vc�rc>' ,. col ippa A k`�� ROD ',�J•Bn ; •��j� �'� +P),f .� /__- . n Cg '14 r a 001 ,ea 4, 40 . ' � 'y„t�, �J�c,,I �C>:.q...m:•� �CJC.7A! `��f{,J 1 _� '�(,, $�,', •�+ta' •I n ! :..,':•ra•d r�",'�a�t'► r'fP'1N ;r Lam, 'O;� ;�r.��.� � � .�i � .} >l� � !t1�Pi�11CC�k 01' Y r ��•,.,+�yhtap•'.d.�X' '"ors 4'pg:avr'H'tm0' AW1 Q! em 3H1 Ol AYdO .. vAa 9ia!1� rs:ilt 9.�tv taw s'll++dtvn� t' . '' :.C,►i. ®®!1 S �_... JdC�i3 OI1VA'V iB,Oh l LONV IV35 O'.550?Mft 3A2it5 0,`»f1$Nl,• �z��a lf�tt't svw Aa, . situ to satab�:. • ., '«. ;. 1 .8 • MOAA •raa►i�a�s toa►mauve p3mtriaw~ t+, ' �, , ,�w,'•``�C ... �.� .,r di �j11. � f Ili' _ l,r'~,w ,T' ► {��r't i,A77' • i �r��" s padd a � ,o 5 hoard of r wR of Foul], Old Olt I.f 3 ys ,� � ���+�� `�*� �:�,�.._.:,.,....v;.:�..w�rt..�..;,.�...�. • Board of Appeals _ ..._. .. � Town of Southold LO yy I f a � � ';;' 1�"Fxl?v'. �3 � .: �,',r °nF y�}t�• ,bu�e�ir a` �x�ti,v � �t<.�A r , "f +.� . I k� Southold Town Board o Appeals f 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 September 13 , 1982 JOSEPH H. SAWICKI Mr. Dennis W. Cole Environmental Analyst N.Y. S. Dept. of Environmental Conservation Building 40 , SUNY - Room 219 Stony Brook, NY 11794 Re: Your Permit Nos . 10-82-0326 and TW 15276-0186A Applications of Thomas Occiogrosso Z.B.A. Appeal Nos. 3031 and 2610 Dear Mr. Cole : Continuing on our telephone conversation today with Dave DeRidder, we are enclosing a copy of the project proposed with this board in order that you may compare same with your records to be sure that both plans correspond. As you know, during 1979 the applicants received a D.E.C. permit to construct a new dwelling under TW #15276--0186A and the applicants also received a variance from this board to con- struct a new dwelling as required by the 1979 D..E.C. permit (35 ' off Corey Creek Lane East and 123 ' off Corey Creek Lane North) . The most recent D.E.C. permit #10-82-0326 locates the home five feet from the most landward edge of tidal wetlands. The plan submitted for an amended variance to our board locates the house 13 ' from Corey Creek Lane East and 144 ' off the northerly side of Corey Creek Lane, 45 feet more or less from the ordinary high water mark. Any information you can give concerning this new location will be most helpful. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures Secretary ` 0 NEW YORY. STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY--Room 219- Stony Brook, NY 11794 (516) 751-7900 August 31, 1982 AMENDMENT TO PERMIT RE: Permit No. F.rrnr i r Sanitary System Location Thomafi and Jacqueline Occhiogrosso ?7 Vanderbilt Blvd. Oakdale, N.Y. 11769 Dear fir. Occhiogrosso : . Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: Construction of the sanitary system a minimum of 100 feet from tidal wetlands with a linear arrangement along the. east property line. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very /t�ru�l yours, rs, J �Git-fl Flop: Daniel J. Larkin Regional Permit Administrator DJL:cz 1 PERMIT NO. YOR _ JE DEPARTMENT OF ENVIRONMENTAL C(OVA 10-82-0326 a . PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW _ ARTICLE 15, (Protection of Water) L.__I ARTICLE 25, (Tidal Wetlands) _ HARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO . Thomas and Jacqueline Occhiogrosso ADDRESS OF PERMITTEE 77 Vanderbilt Boulevard, Oakdale, NY 11769 CATION OF PR' IECT(Section of stream, tidal wetland, dam, building) Corey Creek on the southwest corner of Corey Creek Lane fronting Corey Creek SCTM 1000-078-04-19 DESCRIPTION 01: .,'.OJECT Construct a one family dwelling and associated sanitary system. Home is to be located 5 feet from the most landward edge of tidal wetlands and the sanitary system a minimum of 100 feet from said wetlands with a linear arrangement along west property line. COMMUNITY NAME(City,Town, Village) TOWN Southold Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk September 30, 1983 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work, improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintained cepted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner. sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in accor- ever suffered, arising out of the project described herein and has agreed to dance with-established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that'may have a tendency to modification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such 5.. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may require, the waterway or on shore above high-water mark, shall be deposited or dumped remove all or any portion of the uncompleted structure fill and restore the at the locality shown on the drawing hereto attached, and, if so prescribed site its former condition. claim shall be made against the State of New o York on accountre of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration party to the permit. in the position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood.flows or endanger project. the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation; or other modification of the Hazards — Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding, without expense to the State, and to such extent and in such time and manner 15. By acceptance of this permit the permittee agrees that the permit as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on the condition the navigable and flood capacity of the watercourse. No claim shall reverse side. be made against the State of New York on account of any such removal or alteration. 95-20-4(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. Backfill with approximately 200 cubic yards of clean upland fill to be trucked in. 17. The home is to be placed on the previously filled area with all additional fill limited to the immediate vicinity of the home. The fill is to be graded on a 1' vertical to 3' horizontal slope contained by a 1' high retaining wall along the wetland edge and shall be stabilized vegetatively within two weeks of final grading. All construction and activities are to be confined to the previously disturbed area only. 18. There is to be no disturbance to the existing tidal wetland vegetation or topography outside the home area. SEE ATTACHED ADDITIONAL CONDITIONS PERMIT ISSUE'DATE PERMIT ADMINISTRATOR 1 ADDRESS NYS Dept. of Env. Conservation July 15, 1982 aneil J. Larkin ' Bldg. 40, SUNY, Stony Brook, NY 11794 cc: NYSDEC Law Enforcement - Region-1--; C rey Creek Civic Association, D. Alfano, President USACE ITEW YOP.K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, State University of New York Stony Brook, New York 11794 516-751-7900 July 15, 1982 Mr. and Mrs. Thomas Occhiogrosso 77 Vanderbilt Boulevard Oakdale, NY 11769 Re: 10-82-0326 Dear Mr. and Mrs. Occhiogrosso: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRR Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any condi- tions, please contact the Regional Regulatory Affairs Office, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, .Stony Brook, New York 11794. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very truly your, �f Daniel J., -arkin Regionals ermit Administrator DJL:ll Encls. - 1e • N.•rhes water supply: 'sewage uisposa2 and I ?','3 q far this residence frill con— I o�in_fo—t,M standard of .the 'Suffolk 'County Departmemt of Health"Service; . . .' �_ •' _ - r 7.70 T A 4 VL44 47 ,�,—•-- - ,�. ' _- '` ..`..�7 7:` ���YV': `. uNs,UTho1:fD l ':nTION 01!ADDIFION A VICIATION OF [6UC/�l C 9 C N.1V.YOWf SFAFt )�`. 1 '�;v �.I.D,f4 L%.w Y� ..•: f r, t�r t. �. fr r. ,VbtC,AAl Lxk..e,:fe:"5 ,`(fir 1F!•;1'IfAAINQ �J ' 1 i�,.LS •vf.: Ji ! � �:r. i r "lti' -•Ttr+_l'V Ll:.l 'J•.t, C� > rmil. _.G�U �V• •,�. :. � '-i.F.L�:1��.,IY_(• ••` Y r ��`r•, _ - :Tr.'Zi�i`�.�_�+:•� _ ,`v tRA 'RU• - . i Yy _•Z7"�;�i'V,.�3-.� ., -`` �•"+ '- �-' , y +: ,. '' - •'7.' �Tt::D��=C.'.)t-2.f,r_" - _ '� I r r• ''`` r +.,� •'9fa TdE'.AaT':.a3,OP Tc. ::t�DL\'G ltl`ISTL, I. .-' - - •... _ <"• I t:.�� •-' - s•: lilt 71J�v`UARktII::S ik• ',Z, .i \, .1"• ('[�`'; S , :•r-�;:J �E .:dT.7Yirl�6£FRABI�E :'•�hDD[�10j_1,4LIINSI � rtcn 'GR5ULau�tFr • :'> =-fir •., O` •�1+.1,• �,. .�F �.,; L�.,; ��-� ',::. ` �- • i;u,.� L. ;_` �..��;; Now%, Hut?ipe1�S- _Corgi10 p `Q• . �� ft lkor in ff Su f1k-C«Jrr .cr-ks . - '_'� ---- -. - = , - :_ .• -��� __ �_ x•,f_ -office as�1'la_� Nca.�9�3.�- ��_. . - .� - .'- .N , tJ �/• !I `ll� �o. TaX srq arr: • _ El 117�t7UittEN f N ,r / Q ref QH I /l _ Tr'-Ne l�b.ld8-5-lO M EXCAVAVOII U` PECrO� REQUI 0 ' OLK g01JNTY DEPARTMENT'.OF HEALTH SERVICES ' tA x �. FOR APPROVAL OF CONSTRUCTION ONLY C DATE :3/ HS REF. APPR Gam` � � �jfL - -. lo-,,c -"- Ftr�t ,4trr�r-rcJcYr�=�"i-1�'fe Irosurt7+�ce Co. 1 fzoDE►IF(c< VAN 7jyn- Town Oi �ou�ol 1 '7 �' L!JYcerlt�eod llrrd Sc�twac�aFrtS Town Hall, 53095 Main Road P.O.,Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3, 1982 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal' No.- 3'031 application of Thomas and Jacqueline 0cch'iogrossio for a variance. . - Also included is 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 ; and survey of property. /J4udith T. Terry JMbn Southold Town Clerk Enc osures R 10111 • TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. j .Town C.1er� ft#iofd �a-- DATE ' TO THE ZON I NG BOARD OF APPE�A,.-LDS, TOWN O F SOUTHO,LDD, N. Y. 1, (We) Ts?i1� s �'. �atl�cx� i4:.! i�PG�'�SSG�of ...?..`7..,�'�%/.1/dg,-f/,,4&.. 1/!- .r.......................... Name of Appella;n.t Street and Number Gar? ........!': t...........................11, ............. , `.'•.......:...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED .." ............ ti:... .................... . ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO oe g. Name of Applicant for permit of 7 Street and Number Municipality State 04) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATI.O.N .OF THE PROPERTY ...... ' .i,.,... t'���`..¢J.e, 4.......................... ............ Z ....... Street Use District on oning Mop 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.) ra 1 3. TYPE OF APPEAL Appeal is made herewith for ( d) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL"A previous appeal (has) (has not) been made with respect,to this decision of the Building Inspector or with respect to this property. Such appeal was (, ) request for a, special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .................n.................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 O A Variance to the Zoning Ordinance is requested for the reason that 0L 14111>��/ /�� r�l�,'/G !/,t` �l/Ca ice!✓ G/� ep� /O!/It� ��/jI / f��j �,' f�-�•�. �'!/ y�'G vG1�S �.I C/, �`�t��r��1 ..5" rc.Y�Gi.+d'r� Form ZBl l/ (Continue on othei side) REASON FOR. APPEAL - Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties,or,unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored-by. -all properties alike in the immediate - vicinity of this property and in this use district because ( Q AL 3. The Variance would observe the spirit of the Ordinance and WOULD NOT, CHANGE THE CHARACTER OF /THE DISTRICT because 0 ell STATE OF ss '... .................. . ........ .... ..... ....... g... COUNTY ) Signature Sworn to this ............... .. day of...... av� ::::::::... 19 � OL Notary Public ELIZABQH ANN NP.WItl1 NOTARY PUBLIC, di State of New Na No. 52.8125850, Suffolk VI3/ `r•m F.nires March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of =�� '��,a,�I�IB�- ��u��l,Rassd NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Wwvz_� &�s PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (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: 3. That the property which is the subject of such Petition is located in the following zoning district / /�1Ap fBti &u tG C,e&k- kivr� 4. That by such Petition, th u dersi d will request the following relief: S, Co �. ® S,W, LO e�)clz o .A-Z W. fi� 'elk. ' tv (5. hat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed alr� Article Z4 Section 0 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: .. //iph.39S '�iyp </l�Bd�l��ilfi�" ��iOGRosso Petitioner Post Office Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) . ss.: COUNTY OF SUFFOLK) residing at y I//AW G44A!/ib. 41Y,41749 being duly sworn, deposes and says that on the / day of , 19 Z— , deponent mailed a true copy of the Notice set forth on the re- verse sid 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 as essment roll oft Town of Southold;that said Notices were mailed at the United States Post Of- fice at g :10H'Per ;that said Notices were mailed to each of said persons by (certified) (aspiowwd) mail. w Sworn to,Vf�ore m this �r �`� , day of ? CAI 119 IF�— Notary Public,. WILLIAM H, PRICE. A �yOTARY PUBLIC,State of New York Suffolk County No.4644944 Term Emies March X 1983 - (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY .,l1971 Re: Appeal Application of �Jdh�lrS ��� �G�/i�G��'/�" 6Vee-6 off, Sd Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations , 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in' length. * ( ] May be "located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this- property is a bulkhead less than 100 feet in length. [� May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises . - ( ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Since ly yours, -fSig ature plea ) ASSESS1. EN I t-U,:t I1.1STPkTIO1`-1S : o In order to answer the questions in this short EAF it is assumed that the preporer will use currently ov-oilable information concerning the project and the• likely impacts of the action . 'It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If all questions -have been answered No it is likely that this project is not sig'nif icdnt : (d ) Environmental Assessment 1 . V11i i l pro,ject result -in a large physical change _ to the project' site or physically alter more than 10 acres of -land? . . . :. . . . . . . . . . . . . . . . . Yes No 2 . Will there "be a major change to any unique or . -unusual land form found on th.e site? . . . . . . . . . . Yes SZNa 3 . Will project alter or have a large effect ' on existing body of water? . . . . . . . . . . . : . . : . . . . . . . Yes VNo 4.. Will project have a potentially large impact , / on groundwater quality? -- Yes °`(No 5 . . 1'/ill, project significar,t,ly .effect .drain6ae . .. flow on adjacent sites.? .:. . : . .. . . . . . . . . . . . . . Yes 6 . Ilill project affect any threatened or endangered plant or animal species? . . . . . . . . • Yes (JNo . 7. Will project result -in',,a major adverse effect on air quality? . . .. . . . . _ . . .-. . . . . . . : . . . : . . : . Yes�N0 S . Will project have a mojor .effect on visual character of the community or scenic views or. vistas known tp : be important to the community? Yes ✓No P . Will project a�versel� impact any site or ~- structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by o local agency? . . . . . . . . . . : . .. . . . . . . . . . Yes No 10 . Will proje-ct have a major effect on existing . • or future recreational opportunities? . : . . . . . Yes7No 11 . Will project result in major - traffic problems . or cause a major effect ' to existing / transportation systems? .,. . . . . . . . . . . . . : . . Yeses/ No 12 . Ilill project regularly couse objectionable odors, noise,' glare, . vibration, or electrical . disturbance as a result of the pr. oject ' s � I operakion? . . .. . . . . . . . . . =• . . Yes J No 13 . Will - project have an'), impact on public health or .'sofety? . . . . . . . . • Yes No 14 . Will pioject �.affect the existing community by. directly causing a growth in permanent population of more than 5 percent over a one year period or have o major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . • . . . . . . Yes No 15 . Is there public controversy concerning* the project? . . -YCSA No PREPARER ' S SIG1•IATURE REPRESENTING^ DATE 71"4 7 R A - o 25 r n 1 �2J 2 , _ 3/0 �. 2 B 90 i _ 3 goo, bo' i i(q rc J 320,+ m b 5y N 4 e 4(c) o o- y' 40 m - c �\ 39• a/9z/3J, J � s, ST a. P\ �r7�, ss• q 42 36 M ��� 4 q 43 z 3 24 N (c 23 s• _ "m w n e � 4 � 4z 6 9 0 (241 O- y 208 ^Nr S _ ioa' ioa' 404 q� a• _ _ 8 1251 (28i •2 '� 4 20 21 c 128 128 2is• O LA• - 9 ioo' 17 8 J t _ 10 z 2'1 261 51 I - - ..-. i4. Leg erjd no ~a