HomeMy WebLinkAbout2674South Side Rte. 25~ ~attituck 3~20~a0- ~
D2appr6vai o~ ~h~u~ a~rea and' width of parcel
to be ~atablished iN m proposed ~ubd~vislo~';
and for permission to reinstate preexlst~ g
nonconforming sideyard setback, and for
approval of access. ~
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
AppealNo. 26~4 ApplicationDated February 27, 1980'
ACTION OF THE ZONING BOARD OF APPEAL~ OF THE TOWN OF SOUTHOLD
To Gary Fl anner 0]sen, £sq., as attorney for
Roy C. Schoenhaar
DATE .2.~..~. ~..~..1 ....
Appellant
at a meeting of the Zoning Board of Appeals on
was considered and the action indicated below was taken on your
~{ X) Request for variance due to lack of access to property N.Y.
( ) Request/or a special exception under the Zoning Ordinance
(X)~ Request for a variance to the Zoning Ordinance A r t. I I I,
( )
January 22, 1981,
Town Law, Sec.
Sec. 100-31
the appeal
280-a
~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph'
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Public Hearing: 3/20/80; 12/80.Application of Roy C.
Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, New
York for Variances to the Zoning Ordinance: (1) for approval of
insufficient area and width of parcels to be established in a
proposed subdivision, Article III, Section 100-31, and (2) for
permission to reinstate preexisting nonconforming sideyard setback,
(3) for approval of access, New York Town Law Section 280-A.
Location of property: South side of Route 25, Mattituck, NY;
bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth;
south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson,
Bilianosl County Tax Map Item No. 1000-143-2-33.2. (SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building ·Inspector ( ) be confirmed (,) be reversed.
FORM ZB4
ZOMNG BOARD OF APPEALS
Upon investigation and personal inspection, the Board finds
as follows.
Appellant has appealed to this Board seeking a variance for
approval of:{a} two parcels in the B-1 Business District
with insufficient area of 27,000 and 26,500 square feet, and 10g
feet and 88 feet in road frontage, respectively, and {b} two
parcels in the A-Residential and Agricultural District with insuf-
ficient area of 35,500 and 23,500 square feet, inclusive of the
proposed right-of-way running 105 feet approximately, along the
north end nf the proposed parcel, and {c) approval of a 20-foot
proposed right-of-way extending from the Main Road to the interior
residential parcel. Existing on proposed parcel No. 1 is an
existing one-story dwelling which would be left with a five-foot
easterly sideyard setback if this variance were granted. It is
the consensus of this Board that the granting of this variance
as applied for will cause an overcrowding of land.
The Board finds that the relief requested is substantial in
relation to the Code requirements; that if the variance is granted
substantial detriment to adjoining properties will be created
inasmuch as the area is presently.congested; that a substantial
change will be produced in the character of the neighborhood; and
that the interests of justice will not be served by the granting
of the relief requested herein.
On motion by Mr. Douglass,seconded by Mr. Sawicki, it was
RESOLVED, that Roy C. Schoenhaar be denied approval of
insufficient area, width and approval of access as applied for.
Location of property: South Side of Route 25, Mattituck,
NY; bounded north by Route 25; west by Matt Agency, Jarzombeck,
Roth; south by Mellender; east by Pumillo, Hallock, Steinhart,
Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass
and Sawicki. Member'Goehringer abstained.
APPROVED
-Chairman Board of Ai~eals
RECEIVED AND FILXD BY
'1'~-SOU'iHOLD TOWN CLERK
Town Clerk, Tovrn of Southold
LEGAL NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended'Code of the Town of
Southold, that the following matters will be held for public
heraings by the Southold Town Board of Appeals at the Town
Hall, Main Road, Southold, NY on Monday, December 29, 1980:
7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle,
N. Bellmore, NY 11710 for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area and
width of two proposed parcels located at the west side of
Pine Tree Road, Cutchogue, NY; more particularly known as
Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County
Tax Map Item No. 1000-104-2-9 and 10.
7:50 p.m. Application of Nicholas D. Yuelss, 6159 Broadway,
Bronx, NY 10471 for a Variance to~theZoning Ordinance,
Art. III, Sec. 100-32 for permission to construct accessory
building in the frontyard area at 56005 C.R. 28, Greenport, NY;
bounded north by L.I. Sound; west by Candan; south by C.R. 27
(North Road); east by Atwan; County Tax Map Item No. 1000-
44-1-19.
8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nassau Point
Road, Cutchogue, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permission to construct attached
garage with an insufficient sideyard setback at 1725 Nassau
Point Road, Cutchogue, NY; more particularly known as Nassau
Point Club' Properties Lot No. 1; County Tax Map Item No. 1000-
104-13-2.4.
Page 2
Legal Notice of Hearings
December 29, 1980 Meeting - Board of Appeals
8:15 p.m. Application of James P. Latham, 580 Plum Island Lane,
Orient, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. 100-31 for permission to construct new dwelling with
insufficient sideyards at 1490 Village Lane, Orient, NY; bounded
north and west by G. Latham; south by McNeill; east by Village
Lane; County Tax Map Item No. 1000-24-2-14.
8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue,
NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-30(C)(1)(c) and Art. XIV, Sec.
lO0-141(B) for permission to establish home occupation in a
residential area exceeding 30% of the area of one floor of the
main building, and a Variance for Approval of Access, N.Y. Town
Law, Sec. 280-A. Location of property: 'Right-of-way off the
west side of Youngs Avenue, Orient, NY; bounded noPth by private
right-of-way; west by Kroepel; south by Reybine; east by High;
County Tax Map Item No. ~1000-18-1-10.
OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS
MEETINGS:
8:45 p.m.
9:10 p.m.
Application of Roy C. Schoenhaar, for approval of
insufficient area and width of four proposed parcels
and for approval of access.
ApPlication of North Fork Motel, Inc. for permission
to change existing motel use to condominium or
privately-owned-units type use.
DATED:
December 4, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish once, to wit,
December 11, 1980 and forward affidavits of publication
to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971.
~ .':: ' L~L'NOTICE ~ · ,.OF ~RINGS'~ '.
NOTICE~ IS HEREBY
GIVEN, pursu~"t~ 'Section
267 afrO. Town. t~m and the
Provisions of~: the Amended
Code of the' Town of- Southold,
. that the ~bllowi~g matters will
be held f~ public hearings by
the South01d ~Town. Board of
Appeals a[ the Town Hall,
Main Road, Southold, NY on
. M0nday,.Decemb~r ~9i 1980.,~
7:35 P:m: App'.lif. ation of
Peter V~:~i, .919' Hariane
'Circle', l~ Ygleflmore, NY 11710
for a V~':to the Zoning
Ordin~lrtl m;'sec. 10o-
31 of- --u c ent
area andf~ of two pro~
posed P~f.~i,,~ed at the
v~est ,id~;~i ~'~. ~ree Road,
Cutch0~ "more partic-
ularly kngwn ~s. Lots 34 and
35A, May of Nassau Farms,
Map iq~.~'~ii79;~'~°Unty Tax
Man~Pl 0.I~. ~ i'.N°'J ~1000'104'2'9
7:50 p.m. Application of
.NicholS.. ,D; Y. uelys, 6159
Broad~. BtO~x, NY 10471
· for ~ V~c~ iO .~e Zoning
' 32 for p~is~,ion to construct
acce so s.in the font-
yard are~,l~$ C.R. 28,
Greenport~: ~1~.; bounded north
by L.I. Sound;west by Can.
dan; S°uth b~ C.R. 27 (North
Road); east by Atwan; County
Tax Map Item No. 1000-44-
1-19.
8:05 'p.m.' Application of
Wilbur A. Baldwin, 1725 Nas-
sau Point Road, Cutcholme,
bounded north by private
right-of:way; west by Kroepel;
South by Reybine; east by
High; County Tax Map hem
~__o. 1000-18.1.10. '
';,~.:,T, HER MATTERS SCHE-
i~ULED i~OR 12/29/80,
~"' ESSED - FROM PREVIOUS
MEETINGS:
~ 8:45 p;m. Ai~olicati0n of Roy
,/.~C. Schoeuhaar~ tot a~proval fir
v~insufficient area and Width
]~roposed [~arcels and fo~
'-9:10 p~m. Application of
North ,Fork Motel, Inc. for.
permission to change existing
motel use to condominium or ·
privately-owned.units, type
DATED: December 4, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONI5,
Chairman
IT, 12/11/80 (4.)
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-Watch-
man once each week for ............. /. .......................... weeks
successively, commencing on the .... ./..( ............................
da , 19~
.............. .
Sworn to before me this ......... / ..................... day of
........... ,
Notary Pu'blic
CLEMENT J, THOMPSON
NOTARY PUBLIC, State of New York
~o. 52-9321725
by .McNei_ll; east by Village
· ·-Lane; C~r V Tax Map Item
~-' LEGAL NoTicE --~."- ~ No. 1000-k. ?14....
- i OFHEARINIG.q ' ?; 8:30 p.m. Application
'- .............. '~:::~/Marianne Well, Skunk Lane~
NOTICE IS HEREBY .
GIVEN, pursuant to Section -~ t;utcnogue, ~¥ tny ~uao~pn
..~;. H. Bruer, Esq.) for a Variance
267 of the Town Law and the ~.i.i': t° the Zoning Ordinance, Art.
Provisions of the Amended ~'.-~ III, sec. 101P30(C)(1)(c) and
Code of the Town of Southold,
that the following matters will :~ii!]'. Art.~ XIV, Sec. 100-141(B) for
be held for public ,hearings by ~'! !~' permission to establish home
the Southold Town Board of ~y? .occuPation in a residential
Appeals at the Town Hall,':: area exceeding 30% of the
/~ area of one floor of the main
Main Road, Southold, NY on ~:!'C~ building, and a Variance for
Monday, December 29, 1980: ;
. C~.Approval of Access, :N.Y.
7:35 p.m. Application of .i?~i~Town Law, Sec. 280-A. Loca-
Peter V. Izzo, 919 Harlane
Circle, N. Bellmore, NY 11710 :~: tion of property:Right-of-way
off the west side of Youngs
for a Variance to the Zoning %:%. Avenue, Orient, NY; bounded
Ordinance, Art. III, Sec. 100-31
for approval of insufficient ~ north byprivateright-of-way;
area and width of two propos- west by Kroepel; south by
· '/:~ Reybine; east by High; Conn-
ed parcels located at the west
side or, Pine Tree Road, Cut- " tyTax Map Item No. 1000-18-1-
chogue, NY; more particular- 10.
ly known as Lots 34 and 35A, OTHER MATTERS SCHED-
Map of Nassau Farms, Map ULED FOR 12/29/80, RE-
CESSED FROM PREVIOUS
C
~NTY OF SUFFOLI~, 1
~ ss:
,TE OF NEW YORK, j
F.o..a~..~.u..~.~.~y.~.O..~. ................. being duly Sworn,
that . ~.., is Printer and Publisher of ~he SUFFOLK
EKLY TIMES, a newspaper published at Greenport, in said
try; and that the notice, of which the annexed is a printed
has been published in the said Suffolk Weekly/ Times
in each week, far . 0.n.e ........................ weeks
No. 1179; County Tax Map r~EETiNGS -. ~, ,'essively commencing on the ...1.~..t.h. ..................
Item No. 1000-104-2-9 and 10 ' '~74 : '
· · ' -~.8:: 5 p.m. Apphcahon of Roy~
7:50 p.m. Apphcahon of of Decemb.e.r. ........ 19.~.Q
' a~ n v.,4,,~' ./~. o~C Schoenhaar, for approvalmsumc~em area L) iii'. ~~
N~chol .......... , 6159 ' - ~ ....... ( .......
Br~dwa-, Bro~ ~Y 1~71 . an~,
for a Variance to'the ~ ' ~ ) width of four propped ~r~ · · · ' ...........
Ordinance, Art. III, Sec. 1~32 ~ (~. cels and for approval of ae~_n~on~ng -.
for ~rmission to comtmct . ~ss. ~ ..... :., ..~ to ~fore me this ~ J.~. ......
Dunlin ........ ne ~:~u p.m. Appucatlonot ~orm 1Of.. ~eoe~b~ .... 1980.. !
~;~ a~aoaC~ Cr~ ~ ~ork Motel, Inc. for per- ·
I
~ n~** .... ~v.~ .... ~,~ .mission.to change existing ~~.'~).....~'....~~.~
......... ~'~' "-' ....... ~ ' :motel use to condominium .....................
north by L.I. Sound; west by . or privately-owned-units ..............
Candan; south by C.R. ~ ... ~ypeuse. . ..........................
(North R~d); east by Atwan;
County Tax Map Item No. ~ ~ DATED: December 4, 1980.
: .. - . : ....~ .;~ BYORDEROF
1~44-1-19. Application ':of ': "":~T~ SOUTHOLD TOWN
8:05 p.m. ~[L~N K DE VOE
Wilbur A. Baldwin, 1725 Nas- :' BOARD OF APPEA~ NOTARY PUBliC. Sta~e ef New
san Point R~d, Cut. hague, CHARLES GRIGONIS, JR.,
' , .~ , No. 4707878, Suholk County
~-for a Variance to the .~.~1TDli_3580 CHAIRMAN
Term Exp.es hl~rcn 30,
Zo~ng Ordinance, Art. III,
S~. 1~31 for ~rmission to
co~ct at~ched garage
with-an ins~ficient sideyard ~S..,/~.C )7. ~- ~)~/~/~ ~ ~'~ ~c/~,~/_~
setback at 1725 Nassau Point
R~d, Cutehogue, ~; more
particularly known as Nassau . .
Point Club Pro~rties Lot No. ' '
1; County Tax Map Item No.
1~1~13-2.4. .,
8:15 p.m. Application of
James P. ~tham, ~0 Plum
Island Lane, Orient, ~ for a ,.-L~ -
Variance to the Zoning Ordin-
ance, Art. III, Sec. 1~-31 for
~rm~sion to construct new .; ....
dwelling with i~ufficient sid~ ~ - ...~_
yar~
at
14~.
Village
Lane,
Orient, ~;. bound~ north ....
and w~st by,G~ ~am; south~ ~ ....
LEGAL NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Provisions of the Amended Code of the Town of
Southold, that the following matters will be held for public
hearings by the Southold Town Board of Appeals at the Town Hall,
Main Road, Southold, NY on Thursday, December 4, 1980:
7:35 p.m. Application of David and Carmen Olenick 120 Park
Avenue Brooklyn, NY 11217 for a Variance to the Zoning Ordi-
nance, Art III, Sec. 100-35A for permission to construct fence
in the front yard area exceeding height limitations at 185
Private Road No. 10 {a/k/a 4255 South Harbor lane), $outhold,
NY; bounded north by VanDerheuvel; south by Private Road;
west by South Harbor Road, east by ,Jacobs; County lax Map
Item No. 1000-87-1-1.
7:45 p.m. ApplicatiOn of?Edna R. lonnese~, by $idney~Beebe as
a§ent, Main Road, Box 979, Cutchogue, NY for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-31 for permission to
construct garage with an insufficient frontyard setback at
50 Bungalow Lane (a/k/a 1945 Marratooka Road), Mattituck, NY;
bounded north by Bungalow Lane; south by Carr; west by Marra-
tooka Road, east by Darsaklis; County Tax Map ~Item No.
1000-123-2-1.
7:55 p.m.
Application of Harold and Hattie Stetler, 25 Mindrews
Avenue, Bre_n.twood,_ NY._!_l~7~l_7 for a Variance to the Flood Damage
Prevention Law, Chapter 46, Sections'46-7, 46-15, 46-18 for
permission to construct basement (lowest floor) below the
restricted 8-foot base elevation in a special flood hazard zone
at the south side of Wiggins Lane, Greenport, NY; bounded north
by Wiggins Lane; south by Fordham Canal; west by Prato; east by
Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21.
8:10 p m.
Recessed'Hearing.
Fanny Behlen Community Health
Page 2
~' Hearin s (Board of Appea/~ )
Legal Notice g
Meeting to be Held December 4, 1980
Center application for a Special Exception to erect an ambulatory
care clinic on residentially-zoned property at the south side of
North Road, Greenport, NY; County Tax Map Item No. 1000-40-3-3.1.
8:30 p m Recessed Hearing - Application of Fanny Behlen
Community Health Center, P.O. Box 659, Greenport, NY for a
Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and
100-31 for permission to erect an ambulatory care Clinic on
property zoned A-Residential & Agricultural and with insufficient
distance from street line and insufficient distance from the
east side line. Location of property: SoUth side of North
Road (C.R. 27), Greenport, NY; bounded north by North Ro.ad;
west by Fenno; south by Fransisco; east~by Nedoszytko; County
~,Tax Map Item No. 1000-40-3-3.1.
8:40 p.m. Recessing Hearin9 - Application of Roy C. Schoenhaar, ~
by Gary Flanner Olsen, Esq.' Main Road, MattitUck, NY for
Variances to the Zoning Ordinance: (1) for approval of
insufficient area and width of parcels to be established in
a proposed subdivision, Article 'III, Section 100-31, and
(2) for permission to reinstate preexisting nonconforming
sideyard setback, (3) for approval.of access,-New York Town
Law Section 280-A. Location of property: South side of
Route 25, Mattituck; bounded north by ROute 25; west by
Matt Agency, Jarzombeck, Roth; south by Mellender;~east
by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County
Tax Map Item No. 1000-143-2-33.2.
Dated: No~ember 20, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish during the week
of November 24, 1980 and forward five affidavits of publication.
to Linda Kowalski, Secretary, Board of Appeals, SOuthold, NY
11971.
_. m i
lmm
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
~ 267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
that the following matters will
be held for public hearings by
the Southold 'Town Board of
Appeals at the Town Hall,
Main Road, Southold, NY on
Thursday, December 4, 19~0:
7:35 p.m. APplication of
David and Carmen Olenick,
120 Park Avenue, Brooklyn,
NY 11217 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-35A for Permission to
construct fence in the front
yard area exceeding height
limitations at 1~5 Private
Road No. t0 (a/k/a 4255 South
bHoarbor Lane), Southold, NY;
unded north by VanDer-
heuvel; south by Private
Road; west by South Harbor
Road, east by Jacobs; County
Tax Map Item No. 1000-87-1-1.
7:45 p.m.' Application of
Edna R. Tonnes~en, by Sidney
Beebe as agent, Main Road,
vBOX 979, Cutchogue, NY for a
ariance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
Permission to construct
garage with an insufficient
frontyard setback at 50 Bunga-
low Lane (a/k/a 1945 Matra-
tooka Road), Mattituck, NY;
bounded north by Bungalow
'r gal Notices
Lane; south by Cart; we%t by
Marratooka Road, east by
Darsaklis; County Tax Map
-Item No. lJ)0~1~2-~-£
Community HeaIth Center,
P.O..Box 65~ATzm~port, NY
for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-30
and 100-31 for Permission 'to
erect an ambulatory care clin-
( in on property zoned A-Res-
idential & Agricultural and
with insufficient distance from
street line and insufficient
distance from the east side
line. Location of property:
South side of North Road
- (C.R. 27), Greenport, NY;
bounded north by North Road;
' SUFFOLK,
~ ss:
,~'EW YORK,
~ Gustavson being duly Sworn,
ke..., is Printer and Publisher of the SUFFOLK
~ES, a newspaper published ~rt Greenport, in said
hat the notice, of which the mmexed is ~ printed
en published in the said Suffolk Weekly Times
west by Fenno; south by Fran-
sisco; east by Ned~zytko;
County Tax Map Item No. OhO weeks
1000-40-3-3.1. weekr ~or ............................
· .- · ~ vommenc~ng on me .... -~.'~r~ ................
- Apphcahon of Roy C. Schoen- .-
,._ haar, by .Gary Flnnn~.r .O.?~,n: ~ vember ,~ 80
Esq., Mmn Road~ Ma~t~mc~ ........... ~ ,.. ~''''_/
NY for Variances to the zon- '/)fi~--
~E-.!~..~ce:' (1) for ap- ......... /-)/.=r r- ...../,'~- .....................
'--~shed in a orooosed subdivi- ~ u0
" TI~ ' - 19 ~'. · i
~-'~r~c~ l~L~~- ..................
reinstate re~
for approval of access, New_ · .......................................
'York Town l~a~n 21~-A ~
.... -L-~'~'~ ' -~"~.r 9.~. _ r t ~: South
west by Matt Agency, Jar- No. 4707878, Su~folk County
~'~'~~1- ~erm [xp*res Marc~ 30,
~-:~ ~unty Tax Map ~
Dated: November 20~' 1~0.
gY ORDER OF
THE SOUTHO~ ~OWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., '
C~IRMAN
'3~-1TN26
NOTICE ;. IS HEREBY
GIVEN, l~suaxtt _to Section.
"-2~T'~f-the ToW~'' LaW and the
' ~visions of tJ~-'Amended
Code of the Town of Southold,
that the following matters will
be held for public hearings by
the Soutbold Town Board ~f
Appeals at the Town Hall,
Main Road, Southoid, NY on
Thursday, December 4, 1980:
7:35 p.m. Application of
David and Carmen Olenick,
120 Park Avenue, Brooklyn,
NY 11217 for a Variance to the
Sec. 100-35A for permission to
construct f~nce in the front
yard area exceeding height
limitations at 185 Private Road
No. 10 (a/k/a 4255 South
Harbor Lane), Southold, NY;
bounded north by VanDer-
heuvel; south by Private Road;
west by South Harbor. Road;
east by Jacobs; County Tax
Map Item No. 1000-87-1-1.
7:45 p.m. Application of
Edna R. Tonnesen, hy Sidney
Beebo as 'agent, Main Road,
Box 979, Cutchogue, NY for a
Variance to the Zoning Ordin-
ance, Art. HI, Sec. 100-31 for
permission to construct garage
with an insufficient frontyard
setback at 50 Bungalow Lane
(a/k/a 1945 Marratooka
Road), Mattituck, NY; ~bound-
ed north by Bungalow 'Lane;
south by Cat*r; west by
tooka Road, east by
saklis; County Tax Map Item
No. 100~-123-2-1.
_ 8'~' p~m. Recessint Hear-
ins - Application of Roy C.
-'~n~, 'by Gary Flanner '
· ~"~l~e-'~'Esq., Main Road, Mat-
Zoning Ordinance: (1) for
apl~0-~--al-'Sf- insufficient area
an--an--~Width of parcels-to be
~ established i~ a proposed
subdivision, Articl_e.~lI, Sec-
tion 100-31, per-
m'~slS~-'t0 ~eins~at e - tsr~exi~-~-
m~_.~g_, n.q~con~rmmg sKleya_rd__
_ setback~ (3) for approv~ of
access, New York Town 'Law
--S-ect__io=n 280-A. Location o.f
L__property: ,South side of Rome
25, Mattituck; bounded ~orth
~by Rome 25; west by Matt
Agency, Jarzombeck, Roth;
._sarah by Mellender: east by .
Pumillo, Hallock, Steinhart,
-J~k-~n, Bilianos; County Tax
__~Iap Item No'-lb00-143-2-
33.2.
oatem November 20, t980
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
1T, 11/27/80 (5)
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCH:MAN,
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-Watch-
man once each week for ............ / ......................... weeks
successively, commencing on the
da~, .................... 19....~....
Sworn to before me this ~'~ day of
............ ,
Natal/Publ ic
Town Hall, 53095 Main Road
P.O. Box I 179
Southold, New York 11971
TELEPHONE
(516) 765-! 938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 2, 1988
Garrett Strang
P.O. Box 1412
Southold, New York
11971
RE:
Proposed site plan for
Schoenhaar S/s S.R. 25;
133'E/o Marlene Lane,
Mattituck, New York
SCTM# 1000-143-3-2,32,33.2
Dear Mr. Strang:
The latest proposed site plan from June 14, 1988, was
reviewed by the Planning Board in conjunction with your clients
request. The Board declined to submit site specific comments
until the Zoning Board of Appeals has been given the opportunity
to determine to what extent parking may be extended into the "A"
Residential Zone. It should be noted that on the proposed site
plan for the former Coach Stoppe restaurant, which is under Mr.
Schoenhaar's ownership also, the property lines on that proposed
and this proposed site plan do not match up. In other words,
area for parking spaces for the Coach Stoppe (now know as the
Half Shell Republic) is shown on the proposed plan as being part
of the driveway area for Shoenhaar's retail complex. The parking
area for the Coach Stoppe (Half Shell Republic) may have to be
included in t, he Planning Board's review at some point.
CC:
BENNETT ORLOWSKI , JR.
CHAIRMAN
Victor Lessard, Executive Administrator
Gerard Goehringer, Chairman, Zoning Board of Appeals~
James A. Schondebare, Town Attorney
I
TOWN CLERK
Building .Dept.
Planning Bd.
Board of Appeals
765-3783
765-2660
TOWN OF SOUTHOLD
TJ~q~k~ k ~ # ~(~ I~l~l~x x
Main Fload
Southold, N. Y. 11~71
B65-1809
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the .... )DO$1t.r.d.O.f../~p Pe.a! s .............. of the town of...SOU~AQ1 d ..................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New andrecodifiedzoningordinance Appeal No. 2674
Amendment to the zoning ordinance Roy C. S C h o e n h a a r
................ by Gary Fl anner
................ Zoning changes Mai n Road
Mattituck, NY
................ Special permits
.[~, ......... Variances Art . 111, Sec. 100-31, Bulk Sched~mle
Olsen, Esq.
11952
Location of affected land: ....$.Z,~...R.0.u.1;.e..ZS.,...li~t;.l~tJ;.ucJc ...... 10.OO.,.1A3,.Z,.t3..2 ......................
within 500 feet of: (check one or more)
................ Town or village boundary line, or shore line
..X...X. .......... State or county road, parkway or expressway $ o R ° 2 5
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Commen~: Public hearings were held 3/20/80, 12/4/80 and 12/29/80.
On 1/22/81 ZBA denied approval, of insufficient area, width and
access as applie--~-'tr6'F. Copies of file enclosed herewith.
Date: ..... .2..L .6./...8..! ..............................
Date received by Suffolk County Planning Commission
File No .................................
(signed)
.... .L...i..n...d..a.....F..;....K..0.W.~l. ~.k i.,... ~$.~ C r.~ .~ r.y. ........
Title
· Southold Town Board of~ppeals -15- December29, 1980
MR. GARDNER: Thank you.
MR. CHAIRMAN: Is there anyone that has anything they want to
say for this? Anyone to speak against it? (There was no response.)
MEMBER DOUGLASS:
and reserve decision.
I'll make a motion that you close the case
MEMBER GOEHRINGER: Seconded.
MR. CHAIRMAN: It's been regularly moved and seconded to close
the hearing and reserve decision until a little later.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Marianne Weil in Appeal No. 2770.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
/ ~
RECESSED HEARING: Appeal No. 2674. Application of Roy C.
Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY
for Variances to the Zoning Ordinance: (a) for approval of insuffi-
cient area and width of parcels to be established in a proposed
subdivision, Art. III, Sec. 100-31 and (b) for permission to
reinstate preexisting nonconforming sideyard setback, (c) for
approval of access, New York Town Law Section 280-A. Location of
property: South side of Route 25, Mattituck; bounded north by
Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender;
east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax
Map Item No. 1000-143-2-33.2.
The Chairman reconvened the hearing at 8:50 p.m. Mr. Olsen
agreed to dispense with the reading of the legal notice, and
relevant documents.
MR. CHAIRMAN: This is a~recessed hearing on an application
down in Mattituck. Mr. Olsen, do you have something you want to add
to what we already have on it?
GARY FLANNER OLSEN, ESQ.: Gary Olsen, attorney for the appli-
cant, Roy Schoenhaar. This is a continuation of a hearing which
we had some time ago, and I believe there are at leaSt one new
Board member. So maybe I'll repeat myself a little bit; but I
think perhaps it might be important. This application may appear
to be complicated and perhaps a little difficult on its face, but
actually I don't think it really is. There are basically three
or four things that we're looking for. This is a two-stage applica-
~i~tion. One we have to go before the Zoning Board for our variances,
and then we would also go before the Southold Town Planning Board.
. Southold Town Board
ppeals -16- Decem~ 29, lg80
(Mr. Olsen continued):
And I have an application pending before that Board, in the event
that we're successful here. The first thing that we're looking for--
first of all, it's a four-lot minor subdivision. The property in
question contains 2.587 acres, half approximately of which is zoned
B-1 and the other half which would be the southerly half, which is
zoned residential-agricultural use. We're seeking to get two parcels
in the B-1 zoned area. Parcel No. 1 would have 26,500 square feet,
which is only 3,500 square feet less than what the zoning ordinance
requires in the first place. So as far as the area variance for
Parcel No. 1 is concerned, it's a minor change from the required
area. We're only 3,500 square feet short. Parcel No.2is also in
the B-1 zoned area, and that would have 27,000, which is only 3,000
square feet less than the required square footage. Parcels 3 and 4
are located in the residentially zoned area. They are both interior
parcels. There is no access to those two pieces except through a'
proposed right-of-way off of the State Road to these two pieces.
So we're not only looking for area variances, but also for an access
variance. Parcel No. 3 would have the square footage of 23,500 square
feet; and Parcel No. 4 would have 35,500 square feet, which~ almost
complies with the 40,000 square feet of the ordinance. Now, to get
the access to the two residentially zoned parcels, we need an access
variance under Section 280-A of the Town Law and you will see that
the survey of Van Tuyl, which is submitted with the application,
shows an access of a 20-foot strip of right-of-way to get from the
Main State Road to the interior parcels. I don't know of any occa-
sion that the Zoning Board has denied the access variance. It's
not only a practical difficulty but it's also obviously a real hard-
ship if that application would not be granted, because otherwise
there would be no way that anybody could get to the interior parcels.-
Quite frankly it's intended to use the two business-zoned pieces
for what would be permitted under the B-Zone, which is the light
business, basically retail. Mr. Schoenhaar does have a purchaser
for one of the two business parcels; and the whole process of that
sale is contingent upon your approval. If you did not approve this
division and this variance, there would certainly not only be a
practical difficulty but also a real financial hardship to Mr
Schoenhaar. ·
I might point out that under the BzLight Business use, only
20,000 square feet per parcel is required; and both Parcels 1 and
2 way exceed that.
The other thing that we're looking for due to the shape of
the business-zoned property is a width variance. Parcel No. 1
would have 88,000 square feet and -- I'm sorry, 88 feet frontage
on109 the feet. Main State Road, and Parcel No. 2 would have frontage of
I have taken 'the time to make a photocopy of the zoning map and
· Southold Town Board o~Appeals -17-
Decemb9 29, 1980
(Mr. Olsen continued):
also the tax map, to show that all of the other B-1 zoned parcels on
the Main Road in the vicinity of this piece basically are smaller
and the frontage on the Main State Road is a lot less than would be
created on these two parcels. I think the average frontage on the
B-1 parcel on the Main State Road is approximately 70 feet; and I'll
submit this to you for your perusal. (Mr. Olsen submitted a photo-
copy of a small section of the Zoning Map showing the area from
Factory Avenue to Village Lane along the Main State Road.)
I respectfully submit that the granting of not only the area
but the width variances for the two business B-1 zoned parcels would
be in keeping with the general size and shape of the other parcels
within the community; and would not have any adverse effect-- I can't
see any-purpose in posing and not granting the variance-in posing
the present zoning regulations doesn't serve any purpose and as a
matter of fact if it wasn't posed it would require Mr. Schoenhaar
to have a business zoned piece which would be way in excess of the
requirements of the Town, and way in excess of the size and shape
and the width of other parcels on the Mai.n State Road in thelMatti-
tuck area.
There is presently on Parcel 1 a house, and we would like to
keep the house in its present location, and the proposed easterly
sideyard would be five feet, so we're also asking for a sideyard
variance for the house--the required sid'eyard under the zoning ordi-
nance is 25, and then again I don't see any reason why the sideyard
variance should not be granted since the house is there presently,
and it doesn't serve any purpose to require the house to be moved
in my opinion.
I'd also like to bring to your attention that the Zoning Board
on July 24, 1980 received a letter from the Suffolk County Department
of Health Services indicating that the water, the underground water
supply appears to be good and of good quality, and also the sewage
disposal conditions appear to be very satisfactory in that area.
You also received-a letter from the Suffolk County Department
of Planning dated July 25, 1980, and the comment is that the two
lots in the B-1 District should be developed with common parking
and vehicular access as set forth by the N.Y.S. Department of Trans-
portation's letter, so there does not appear to be any dissatisfaction
on the part of the Suffolk County Department of Planning to this
application.
The Department of Transportation letter of May 13, 1980 also
indicated that the vision in that area is very satisfactory. As a
matter of fact, in the second paragraph, the last sentence it states
that "...at this point the sight distance is excellent in both direc-
tions and vehicle conflicts would be minimal .... "
Southold Town Board of Qppeals -18- Decemb 9, 1980
(Mr. Olsen continued):
I'd also like to point out that this is just Step 1. I know
that the Town Board is presently in the process of re-zoning the
small strip in front of this property on the Main State Road to the
widening of the road, and any decision you make will have to be
contingent on that being completed--that the proformer thing should
not be an obstacle to this-proceeding; and also we are before the
Planning Board once this Board makes a determination, and of course
before any structure in parking and so on is completed, particularly
in the B-1 area, we would need site plan approval by the Planning
Board.
I respectfully submit that there will be no offense to the
zoning regulations which will occur .by the granting of our variances.
We cannot provide any additional space on this, particularly in the
B-1 area due to its shape and topography. And I'd also like to
point out that the variances would not alter the use of the property.
That the use would remain the same.
I'd be willing to answer any questions that you might ha.ve.
MR. CHAIRMAN: Is there anyone else that-wants to speak for this?
(There was no response.)
MR. OLSEN: Also, obviously before any structure is built on any
of the parcels we would have to comply with the Health Department
requirements as far as sewage disposal and water supply. Because I
know at the last hearing there was some concern by the residents of
the community as to water supply and quality in the water. The Suffolk
County Health letter seems to indicate that's not a problem, but I
don't think that's a concern of this Board. That's a Health Department
problem.
MR. CHAIRMAN: We have a copy of it in the file.
MEMBER GOEHRINGER:
that you came up with-
Is' there any parking schedul-e or anything
MR. CHAIRMAN: There's this one here.
MEMBER GOEHRINGER: No, that's fOr the Coach Stoppe.
MEMBER GOEHRINGER: For the proposed two lots, or the size of-
MR. OLSEN: That's why I mentioned, before any structure is
put on the business zone parcels, we would have to get site plan
approval by the Planning Board. I think that's a Planning Board
consideration rather than a Zoning Board matter.
MR. CHAIRMAN: Thank you, Gary.
against this? Your name please?
Is there anyone to speak
Southold Town Board peals -19- Dec( 29, 1980
PAUL ROTH: My name is Path Roth, and I represent the Marlene
Lane Civic Association plus some of the affected taxpayers that live
on Bay Avenue. I think most of the points we had against the grant-
ing of a variance was said at a meeting we had back in March, I
think it was. Maybe I'll just reiterate a few of the more important
ones. As far as the variance that Mr. Schoenhaar is seeking for
the business lots that front Route 25, I think the parking and traf-
fic situation there is already very serious due to the restaurant
being on the south side of Route 25 and the shopping center on the
north Side. And even though Mr. Olsen mentioned the line of sight
and the D.O.T. thinks it's adequate, I think these other factors
certainly are very important and they should be considered because
I think they would significantly adversely impact on the general
traffic situation down there' now.
Also again, as far as the development to that area, apparently
Mr'. Schoenhaar if I understand it right plans on bringing in one,
and possibly two businesses in there. I think that again two shop-
ping centers in Mattituck, one being entirely vacant and one being
partially occupied, I think those buildings should be more fully
utilized, before new structures are erected-on vacant land now
And as far as the two lots in the back go, the ones that are
currently zoned residential and agricultural use,I'm afraid that
the right-of-way there, one, might pose somewhat of a hazard fire- ~
wise--it is kind of narrow. I wonder whether fire vehicles would
have trouble entering and leaving the rear lots. They would be set
back quite far from the road and may pose somewhat of a problem.
In addition, a lot of the taxpayers in the area that abut that
property are worried that any children that might live there someday--
instead of taking a long walk down the right-of-way to the Main Road
might just cross through their property and trespass, which is too
strong a word, but may become an annoyance.
I know only a few people tonight could make it--the hour was
late and the time of the year wasn't exactly right for the meeting
tonight. I'd just like to remind you, last time was quite a turnout
from the people in the area who opposed this, and a'petition was
submitted to the zoning committee and the feeling is quite strong
against the granting of these variances. Thank you.
MR. CHAIRMAN: Thank you. Anyone else?
GARY OLSEN, ESQ.: I might just say a few things--
MR.CHAIRMAN: Yes.
MR. OLSEN: In answer to what he said. As far as the access is
concerned to the interior parcels, I'd like to point out that we ~
obviously recognize that the Zoning Board has certain minimum standards
on improvement of the right-of-way, and under your granting the
Section 280-A access Variance, we would have to meet those improvement
requirements--as far as the scraping off of the topsoil, bank run, and
, Southold Town Board
of~ppeals -21- DecemberS29, 1980
(Mr. Olsen continued):
what I'm saying?
MEMBER DOUGLASS: Yes. Is there any time recently that you
have seen cars from the Coach Stoppe parked on that?
MR. OLSEN: No. It's not used for parking. It's overgrown,
and by the way there was some confusion at the first hearing on
the parking issue with the Coach Stoppe. And I have submitted at
your request a parking Plan for the Coach Stoppe, which quit. e
frankly I didn't feel I should provide because the Coach Stoppe
and the property in question are not contiguous. They are separated
by approximately 25 feet, owned by somebody else. It's an unrelated
issue, and shouldn't be tangled over, mixed up with this application.
In any event I did provide it.
MEMBER DOUGLASS:
parking area.
Yeah, but what you provided wasn't legitimate
MR. OLSEN: Well, I provided what we had. ...
MEMBER DOUGLASS: But not in area per parking place, right?
MR. OLSEN: But the Coach Stoppe piece has nothing to do with
this piece. This piece was purchased at a separate time; it's not
contiguous to the Coach Stoppe property; there is an intervening
landowner. And in my opinion for the Board to get involved with
the requirements for the Coach Stoppe, which is a preexisting situation
with this application is really unfair and irrelevant and immaterial.
MEMBER DOUGLASS: Thank you.
MR. CHAIRMAN: If no one has anything else to add, or any questions,
I'll offer a resolution closing the hearing and reserving decision.
MEMBER SAWICKI: I'll second it.
On motion by Mlro Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Roy C. Schoenhaar, Appeal No. 2674.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
The Chairman called a recess for five minutes at 9:10 p.m.
The Meeting was reconvened at 9:16 p.m.
RESOLVED that the Town Board of the Town of Southold approves the
following transfer~of funds in the Highway Budget: $220.00 from
Unexpended Balance Item II~, Machinery to DM9030.8 Social Security
Item III, Machinery.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
24.On motion of Councilman Murdock, seconded bY Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hire Davi~
Z h~, Cutchogue, New York as a Laborer in the Department of
Public Works, on a six month probationary period at $5.65 per hour.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
25.0n motion of. Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold.award the
insurance for the Town for the .~iscal Year 1981 to Utica Mutual
at the s6m of $82,'493.00.'
Vote of theTown Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, CounCilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: I'd like to ad lib on that if I could a little
bit. January of last year I had a gentleman come in my room by
the name of Mr. Bill Mullen, retired senior citizen from Cutchogue.
He said, "I'm in the insurance business all my life and'I would
like to review the town's policies." I said, "Be my guest. The
public has a right to review." He reviewed it and took him from
January until the end of March and he gave me a nice report at the
end of March with certain recommendations on. I turned it voer to
Councilman George Sullivan and his committee to review and work out
with the present insurance firm. By them working with Mr. Mullen,
with the insurance men, the committee representing the Town Board,
last year for the same coverage we paid $102,000.00. We have saved
$20,000.00 through a community effort. It started with a senior
citizen, retired, went to the Town Board, went to the insurance
firm and the benefit are the residents of Southold Town. To all
concerned, Mr. Mullen, George, Larry was on the committee and the
Town Board I think we have a lot to be thankful for for the type
of individuals who are willing to dedicate their time and effort
without being reimbursed for the benefit of the people of the Town.
I personally would like to thank all concerned and all who were
involved in it.
15
COUNCILMAN MURDOCK: I would just like to add one other comment.
That policy that we now have is a better policy than last year.
It encompasses more coverage for the Town in the realm of public
liability, than we had before.
SUPERVISOR PELL- It is a better policy than we had and it took
the work of many people to get it. Again, I say, thank you.
26. On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby
is authorized and directed to execute an amended agreemen~ between
the County of Suffolk and the Town of Southold for the NYSPIN operation.
Vote of the Town Board- Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: I would like to ask my Councilmen if they have
anything to bring up at this time? Larry? Henry? George? John?
COUNCILMAN NICKLES' We just had a hearing on a change of zone and
it is on the Board's motion would it be in order that we pass a
resolution approving that zone change?
27. Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS the Town Board on their own motion on December 16, 1980
proposed the.?-I General Business District on two parcels on the
Main Road (Route 25), Mattituck, New York~ and
WHEREAS the said proposal was referred to the Southold Town
Planning Board and the Suffolk County Department of Planning
for official recommendation and report, and
16
~EREAS, the Town Board, pursuant tO due notice, held a public
hearing thereon on the 30th day of December, 1980, at 3' 30 P.M.,
at which time all interested persons were given an opportunity
to be heard,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town
of Southold amehds the Code of the Town of Southold by placing
on the "B-l" General Business District property on the Main Road
(Route 25), Mattituck, New York, and more particularly bounded
andn~%~Q~ib~d as follows:
PAR~--~-~--~ ~
Beginning at a point on the easterly line of Sigsbee Road
at the northwesterly corner of land of Morchel, and running thence
along the extension northerly of said easterly line of Sigsbee
Road, N.20°39' 10"W. 43.27 feet t'o the southerly line of existing
Main Road; thenceoalong said southerly line of Main Road, three
courses: (1) N. 53 .28'00"E. 78.25 feet; thence (2) N. 70°18'10',E.
155.34 feet'; thence (3) N. 53°28'00"E. 56.56 feet to the extension
northerly of the westerly line of-Marlene Lane; thence along said
extension, S.20°39' 10"E. 82.40 feet to land of Mattituck Bowling
Lanes; thence along said land and along land of Mattituck Build-
ing Corp. and along land of Morchel, S.70°18'10"W. 285.20 feet to
the point of beginning. Containing 0.422 acre.
PARCEL I I
Beginning at a point on the easterly line of Marlene Lane at
the northwesterly corner of land of Matt Agency, and running
thence along the extension northerly of said easterly line of
Marlene Lane, N.20°39'10"W. 81.36 feet to the southerl~ line of
existing Main Roa~; thence along said southerly line, three
courses: (1) N.53v28'00"E. 17.26 feet; thence (2) N.39°05'30"E.
223.94 feet; thence (3) N.49°17'30"E. 372.60 feet to land of
: McCarthy; thence along the severa$ lands of McCarthy, Wilsberg,
Schoenhaar, and Matt Agency, S.39 05'30"W. 648.44 feet to the
point of beginning. Containing 0.676 acre.
: Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, :~Councilman Nickles, Councilman Drum, Supervisor Pel~l.
This resolution was declared duly adopted.
SUPERVISOR PELL: Does anybody from the floor wish to bring any-
thing up? (no response). We have one more thing we would like
to bring up from the dais up here. Councilman Nickles--
COUNCILMAN NICKLES: Thank you, Bill. It is our last meeting of
the year and it is hard to believe that only 362 days ago we had
an Organization Meeting for 1980. It is really unbelievable how
time flies when you're having so much fun. In fact, this Board
has come a long way.- We took the Supervisor out for lunch today.
Although he was afraid to eat anything. And after we got our meal
I know why. I won't mention where we were at. Also 362 days ago
we had a vacancy on this Board for Councilman and I ~ad the privilege
at that time of nominating the gentleman on my left and I would say
when I introduced him at that time, I said I knew him personally.
I think that was a mistake, I really didn't know this gentleman
personally like I know him now. As some of you have come to
meetings you know we've had some hot times in this room especially
when we first embarked on this. year's journey and think that the
Board, if I may compliment the Board and Mr. Shllivan, I think
that we withstood the fire pretty well and in recognition of
George's contribution to the community and his help to his fellow
Board members, I'd like to offer the following resolution:
Moved by Councilman Nickles, seconded by all Board members,
WHEREAS, George R. Sullivan, a most esteemed member of the Southold
Town Board, whose term of' office as Councilman expires December 31,
1980, and
WHEREAS, George R. Sullivan 'has given generously of his time and.
talents in his faithful service to the Town of Southold residents
as a Councilman since January'2, 1980, and
;~HEREAS, his record of fine service, diligence to duty and dedication
to the Town of Southold and its people deserves the sincere gratitude
of those with whom and for whom he worked, and
WHEREAS, the Town of Southold will be deprived of his wise counsel
and judgment as a member of the Southold Town Board, now, therefore,
be it
RESOLVED that the Town of Southold hereby expresses their most
sincere appreciation to George R. Sullivan for his unselfish and
wholehearted cooperation and untiring efforts on behalf of the Town,
and extend their best wishes for the years ahead, and be it further
· /
/
?
®
OIOC~.~E OF
LON~ ISLAND
I
UNION FI~E
SCI. K)O~ DISTIIICY ~
t, .9
2 .o &(c) L
MATTITUO( '
DISTRICT
MATT ITUCK
PARK
FOR
SEE
TUT-NOTE
GARY FLANNER OLSEN
COUNSELLOR AT lAW
P. O. BOX 38 - MAIN ROAD
MATTITUCK, L. I., NEW YORk 11952
(516) 298-4844
TO:. Southold Town Zoning Board of ~:ppeals
i
Main Road
Southold, New York 11971
Re.' Schoenharr to Surer ~ile # 2762
I hereby request that this hearing be
adjourned until your meeting of December 29,
1980.
SIG
DATE:i_~ 80 /clr
SIGNED
DATE:
PI
D
,D
HENRY E. RAYNOR, Jr., Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
March 14, 1980
TELEPHONE
765-1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 10, 1980.
RESOLVED to report to the Zoning Board of Appeals on its
request for an over-view of the property of Roy C. Schoenhaar that,
although there does not appear to be a necessity for a highway nor
drainage facilities, the areas and widths of all lots do not comply
with the Code of the Town of Southold.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Planning Board 0 -9- ~arch 10, 1980
RESOLVED. to report to the Zoning Board of Appeals on its
request for an over-view of the property of Helen &Anita McNulty
that it is the opinion of the Southold Town Planning BoArd th~at
this property should come in for a subdivision of the 3.2 acres
under current zoning standards as there is sufficient property
all probability for three lots.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski,' Wall, Latham
On motion made by Mr. Orlowski, seconded by Mr, Wall, it was
RESOLVED to report to the Zoning Board of Appeals on its
request for an over-view of the property of Sophie Raynor that it
is the opinion of the Southold Town Planning Board that an approval
of insufficient width and area of the two proposed lots on County
Road 27 is inconsistent with the zoning pattern in the area and with
the development plan for the Town of Southold.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham, Wall
tion made-by Mr. Latham, seconded by Mr. Orlowski, it was
RESOLVED to report to the Zoning Board of Appeals on its ~
request for an over-view of the property of Roy. C. Schoe~haar that,
although there does not appear to be a necessity for a highway nor
drainage facilities, the areas and widths of all lots do not comply
with the Code of the Town of Southold.
Vote of the Board: Ayes: Raynor, Orlowski, Gordon, Wall, Latham
'/~02 motion made by Mr. Orlowski, seconded by Mr. Wall, it was ~;~);
RESOLVED to report to the Zoning Board of Appeals on its
request for an over-view of the property of Eleanor Ruch, known as
lots l, 4,17,18 andl9 on filed subdivision map of "Shorecrest at
Arshamomaque" that the Planning Board finds no objection.
Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham
On motion made by Mr. 0rlowski, seconded by Mr. Wall, it was
RESOLVED to report to the Zoning Board of Appeals on its
request for an over-view of the property of Joseoh Clifford Cornell.
known as lots 6, 7, 8 and 9 on filed subdivision'm~p of "Shorecrest'
at Arshamomaque" that the Planning Board finds no objection.
Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham
-_GA~::Y FlaNNER Oi_seN'
COUNSELLOR AT LAW
P. O. BOX 247 - MAIN ROAD -MATTITUCK, LONG ISLAND, NEWYORK 11952 -PHONE 516 298-484z1-
~e = ~ch~n~ ~a~a~ce tie a ~763
Dear
Ilin lease be advteed that I repreaeat Roy C. Schubert ~ aa A~l~a~ea ~~
fore t~ Southold Zoning B~ ~ Ap~a~. I a~ar~ for a hear~g before ~
~ M~ch 20, 1980. The meeting w~ adjo~ed with~t decis~n wt~ the ~ing to
~ c~ttnue~ at a la,er ~te. I received a letter ~om C~rl~ Gri~on~ ~r.,
~n of the Zoning Beard, dat~ July {9, 19~. ~dicat~g t~t the B~ has
~ matter ~nding Town Board act~n on t~ rez~in{ of ='Old ~ain Head".
bef~e the ~tn{ ~ as we~ a~
~ort
to
help
app~cati~
n~g B~r~, ~ would ap~ec~ y~ e~lder~g t~ ~~ty of ~rmit~
~ cont~ue wit~ t~ ~em~ ~ ~r. Scanner's ~p~iea~, at t~$ ti~, with any
~rmt~s to ~ c~t~gent u~n ~e Town Boa~ comple~ t~ resting pr~ess.
Beet
reynards.
OFO/clr
Robert ~'aeke r
South~d Town Attorney
4~5 ~,~ain Street
Gree~,.~ort, New York 11944
Very truly yours,
Hey C. Sch~enharr
Southold
Town BoardO Appeals -6-~' Octobe~l,
1980
Item No. 1000-35-6-38.
After investigation and~personal inspection, the Board finds
as follows:
Appellant has appealed to this Board seeking a variance for
permission to construct new dwelling with insufficient sideyards,
12.23 feet at the west side and 12.97 feet at the east side,
for a total of 25.20 feet.
The premises in question contains approximately 11,250 square
feet in area, and existing thereon at the southeast corner is a
small concrete block pit. Upon researching, it has been found
that this parcel is known as Lot No. 1 of Cleaves Point, Section
I Subdivision, and has been in single and separate ownership
prior to acre zoning (1971).
The Board finds and determines that the relief requested
in relation to the Code requirements is not substantial; that
if the variance is granted no substantial detriment to adjoining
properties will be created; that the interests of justice will
be served by the granting of the relief requested; that no ad-
verse effect is produced on available governmental facilities of
any increased population; and that no substantial change will be
produced in the character of the neighborhood.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
IT IS RESOLVED, that Yasar Gucer by granted a variance to
the zoning ordinance, Art. III, Sec. 100-31 for permission to
construct new dwelling with insufficient sideyards SUBJECT TO
THE FOLLOWING CONDITION:
That the east sideyard maintain a minimum of 15 feet and
the west sideyard maintain a minimum of 10 feet.
Location of property: 45 Osprey Nest Road, Greenport, New
York; bounded north by Osprey Nest Road; west by Manners; south
by Paulisen; east by Dawn Estates Shopping Center. County Tax
Map Item No. 1000-35-6.-38.
Vote of the Board:
Goehringer and Sawicki.
Ayes: Messrs. Grigonis, Douglass,
Absent was: Mr. Doyen.
Mat.ter of'~Roy C. tSchoenhaar, Appeal No. 2674. The secretary
advised the Board members that Mr. Olsen, attorney for Mr.
Schoenhaar, had requested that this matter be 'scheduled for
the next regular meeting and that if a decision has 'to be made
before the Town Board rendered a decision concerning the zoning,
\it could always be made "subject to" such Town Board decision.
)~ motion was not made to schedule this matter to re-open the
ng at th!~_~ time.
Southold
Town BoardO
Appeals -5- Octobet~w~l, 1980
Special Meeting
Appeal No. 2760 -Application of Richard Anderson, by Gary
Flanner Olsen, Esq. for approval of access
to a parcel located at Wunneweta Pond,
Nassau Point, Cutchogue, NY.
Appeal No. 2761- Application of James R. Wheeler, by
William H. Price, Jr., Esq. for approval
of insufficient area, width and depth of
parcels located at Kenney's Road, Southold.
Vote of.the Board:
Goehringer and Sawicki.
Ayes: Messrs. Grigonis, Douglass,
Absent was: Mr. Doyen.
Matter of Eccles Pridgen, Appeal No. 2746.
On motion by Mr. Douglass, seconded by Mr. Grigonis,
WHEREAS, on September ll, 1980 applicant filed-a.variance
for approval of insufficient width of a parcel to be established
at the south side of Peconic Bay Boulevard, Laurel, New York; and
WHEREAS, on October 10, 1980, this Board referred the
subject appeal to the Southold Town Planning Board for its
input concerning the proposed project which would also involve
their board; and
WHEREAS, on October 16, 1980 the Southold Town Planning
Board recommended that "...the property be divided into three
lots (rather than two) with lot lines running east and west
with a right-of-way over same (rather than running north and
south)...l';~and
WHEREAS, on October 27, 1980 this Board has received a
formal request that this appeal be withdrawn;
NOW, THEREFORE, BE IT RESOLVED, that this matter be with-
drawn as requested by appellant herein.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
~ RESERVED DECISION: . Appeal No 2747. ApPlication of
Yasar Gucer, by Charles S. DeVoe, ~630 Orchard Street, Orient
k.~New York 11957 for a Variance to the Zoning Ordinance, Article
/III, Section 1~0-31 for permission to construct dwelling with
? insufficient sideyards at 45 Osprey Nest Road, Greenport, NY;
bounded north by Osprey Nest Road; west by Manners; south by
/~l~f~/"Paulisen; east by Dawn Estates Shopping Center County Tax Map
Southold Town Board of Appeals
SOUTHOLD, L. I., N'. Y. 119'71
TELEPHONE (518) 785-1809
APPEALS BOARD
MEMBERS
ROBERT W. GiLLtS~;E, j~., CHA;~viA~'
CHARLESGRIGONiS, JR. r Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
To:
Southold Town Board
Re:
Re-Zoning of the "Old Main Road" in MattituCk
Date:
July 29, 1980
Gentlemen:
It is our understanding that the Town Board is or
in the near future will be considering the re-zoning of the
"Old Main Road" in Mattituck by way of merging the highway
section into each individual parcel adjoining thereto and
zoning it same.
Currently before the Board of Appeals is an appli-
cation of Roy C. Schoenhaar, Appeal No. 2674, requesting
approval of insufficient area and width of four proposed
parcels and of which involves property fronting along the
"Old Main Road." The Board has recessed this matter
pending Town Board action on the above.
We respectfully request that you keep us advised
regarding same.
CG:lk
cc: Building Department
Singerely yours,
CHARLES GRIGONIS, JR.
CHAIRMAN
Board of Appeals
Town of Southold
C
COUNTY OF SUFFOLK
DEPARTMEIqT Of PLANNING
(516) 360-5206
LE'£ E. KOPPELMAN
DIRECTOR OF PLANNING
July 25, 1980
Petitioner: Roy C. Schoenhaar
.J
Mun. File No.: 2674
S.C.P.D. File No.: SD-80-4
Gentlemen:
Pursuant to the requirements of Sections 1323 to.1332 of the Suffolk County
Charter, the above captioned application which has been referred to the Suffolk
County Planning Commission is considered to be a matter for local determination.
The decision of local determination should not be construed as either an approval
or disapproval.
Comments: The two (2) lots in the Business "B-I" District should be developed
with common parking and vehicular access as'setforth by the N.Y.S.D'.O.T.
Very truly yours,
Lee E. Koppelman
Director of Planning
by.
CHiEI: PLANNER
VETERANS MEMORIAL HIGHWAY · RAUPPAUGEo L. I., NEW YORK ·
OCOUNTYOF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
COMMISSIONER
July 24, 1980
Mr. Charles Grigonis, Jr., Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: Appeal No. 2674 - Roy C. Schoenharr
Dear Mr. Grigonis:
I am in receipt of your letter dated July 10, 1980.
Information on the groundwater supply was provided by a home built in 1975
directly to the West (Parcel 31) of the above referenced property. The
well for this house was 58 feet deep with a total of 40 feet of water. The
quality was good at that time.
In addition, soil conditions should be suitable for subsurface sewage dis-
posal; however, please note that residential lot sizes of less than 40,000
square feet are not recommended in areas using private wells and sewage dis-
posal systems.
Very truly yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:cah
COUNTY CENTER · RIVERHEAE), NEW YORK 11901
(516) 727-4700
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1'809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
July 10, 1980
Suffolk County Health Department
County Center
· Riverhead, NY 11901
Re: Appeal No. 2674 - Roy C. Schoenharr
Dear Sirs:
This Department has received an application for a variance
requesting approval of insufficient area and width regarding
property to be divided into four lots, two residential and two
business (B-l) located at the south side of Main Road, Matti-
tuck, adjacent to the "Coach Stoppe" property west.
It has been brought to the Board's attention that the
water supply in the area is inadequate and of poor quality.
The Board requests your comments and/or recommendations on
the proposed project(s) at your earliest convenience.
Enclosed are copies of all documentation in the file.
Please call if we can be of assistance in providing
additional information.
Sincerely yours,
~Charles Grigonis, Jr.
Chairman
By: L.F. Kowalski
Secretary
Enclosures
~e~ard I,. ~oehringer
21, 1980
P~. ~erald G. Newman, Chie£ Planner
Su££olk County PlannAng Coaunission
Veterans Memorial HAqhwaM
Hauppa~qe, NY 11787
Re~ &ppeal No. 2674 - Roy C. Schoenhaar
Dear Hr. Ne~uan,
Bn~looedherewAthare copies o£ the n~tnutea o£ the
public hearing h eld H arch 20, 1980, whi~hwere inadver-
2end~ynot ir~luded in,he set o£ photocopies ~orwa~ded
to you ~uly 10, 1980.
Thank you £or Four aaolotance regarding this matter.
Sincerely yours,
CHA~X~8 GRXGONZB, ~/R.
C~XZ~V, AN
By LindaKowalski
Secretary
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
765-1809
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the B~d Of ]lkp~!l&lS of the town of
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
Re~ &ppe&! No. 2674
................ New and recodified zoning ordinance
Roy C. $ohoenhaar
................ Amendment to the zoning ordinance ~15 ~J~Okoff
Brooklyn, NY
................ Zoning changes by (lazy Flanner OIsen~
................ Special permits ~ ,~t.~
Mattttu~k, NY 11952
........ XX..Variances AL~,. VII# BeC. 100-71; ~. III, SeC. 100-31
Location of affected land:...~./..1~.....~...~...~...O..~...~. A....4~..d. ~..O....~...~.....C..O...&...C~......~....t~).. ~..~......~...~.~ .~...~1~'....~,...'~....~..1~..~e
within 500 feet of: (check one or more) ~t~,~,J,t'J, ckt N~V
1000-143-3-33.2
................ Town or village boundary line, or shore line
........ ...3~..... State or county road, parkway or expressway ~[Ottt~l 25
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments: Appl:i. oant :La reqlmetla~ T;)~Z'm, tSStO~ ~0 ~ate fo~ lot. o~t
of t~, ~~y r~esttng approval of ~suff~ol~t ~ea of t~
· he B~d ros~c~ully r~uests cowry Pl~n~g*a c~~s ~d/o=
~~ndat~ono ~fore ~ action ~o t~, p~ou~t to Section
1332,
(signed)
...........
Title
Date received by Suffolk County Planning Commission ................................ ....................................................
File No .................................
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5206
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
July 17, 1980
Town.bf Southold
B~ard of Appeals
Re:
Mun. File No.:
Roy C. Schoenhaar
2674
Gentlemen:
piea~e be advised that pursuant to Sections 1323 to 1332 of the Suffolk CounLy
Charter, the above captioned application will not be reviewed because of noncompli-
ance with requirements for notice and maps as stipulated in Informational Bulletin
No. 8 of the Suffolk County Planning Commission. The following information will
only be accepted upon submission through the offices of the municipal referring
agency.
Please provide a copy of the transcript of the public hearing. Thank you.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
· HAUP?AUGE, L. I., NEW YORK
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P O. BOX 38 · MAIN ROAD · MATTITUCt~, LONG ISLAND, NEW YORK 1195;~ · ~=~HONE 516 :~98-4844
June 6, 1980
Re: Schoenhaar to Surer
File # 2762
Dear Mr' Grigonis:
Enclosed herewith please find a sketch of the parking facilities for the Coach
Stoppe parcel. As you are aware, this parcel is not the property for which a
variance is being sought. As I have indicated in the past. I feel that the re-
quest of your Board for such a parking plan is irrelevant and immaterial to
the variance application. However, in a spirit of cooperation, I am submitting
same.
~In again referring to your letter of May 15. 1980.
complete.
Please advise as soon as a decision has been
the "old highway" portion of the subject premis,
items 2 and 3 should now be
GFO/ra
encl
i~a~ing the zoning of
GARY ~NE'R. OLSEN
Southold Town Board of Appeals
Town Hall
Southold, New York 11971
Attn: Charles Grigonis, Jr., Chairman
cc: Roy
C.
Schoenhaar
· '~ ply HEAD
HWY'
$.H.8'!81 )/
'l
Southold Town Board of Appeals
-c:;OUTHOLD, L. I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
· -,..,,-.,-,,, , ................. C:
CHARLES GRIGONIS, JR., Chairman
SERGE DOYEN, JR.
TERRY TUTHI LL
ROBERT J. DOUGLASS
Gerard P. Goehringer
May 15, 1980
Gary Flanner Olsen, Esq.
Box 38, Main Road
Mattituck, NY 11952
Re: Appeal No. 2674. Application of Roy C. Schoenharr
Dear Mr. Olsen:
With reference to your April 25, 1980 letter,
the Board has considered your request and it is
the consensus of the Board that this matter be held
in abeyance pending receipt of the following:
1. Decision of the Southold Town Board regarding
the request of the Southold Town Building Inspector
pertaining to the zoning of the "old highway" portion
of the subject premises;
2
Recommendations Df the New York State
Depart-
Transportation; ~~ S/~ o/W& ~
ment of
3. Determination as to whether there appears to
be adequate parking for adjacent property also owned
by the applicant herein, to wit, the "Coach Stoppe"
and "Deli" premises.
We will keep you informed regarding developments.
Very truly yours,
Chairman
By: Linda Kowalski
Secretary
Region 10 Office: New York State Office Building
Veterans Highway, Hauppauge, New York 11787
'~1~ NEW YORK STATE
DEPARTMENT--OF TRANSPORTATION
William C. Hennessy, Commissioner
May 13, 1980
Southold Town Board of Appeals
Main Road, Route 25
Southold, New York 11971
Attention: Mr. Charles Grigonis
Re:
Appeal No. 2674, south side
Route 25 between Marlene Lane
and Bay Avenue.
Dear Mr. Grigonis:
This is in reply to your letter of April 25, 1980 concerning.a parcel of
land along the south side of Route 25 between Marlene Lane and Bay Avenue
opposite the A & P Shopping Center in Mattituck, Town of Southold.
It is our recommendation that access to the State Highway be granted.
However, this access should be opposite the most easterly drive to the
A & P Shopping Center. At this point, sight distance is excellent in both
directions and vehicle conflicts will be minimal.
We appreciate your interest in safety and if we can be of further help do
not hesitate to contact this office.
T. C. Hoffma~/
Regional Tr~g2[c Engineer
Region 10 ~
TCH:FM:DK
GARY FLAN N Er OLS EN
COUNSELLOR AT LAW
P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE 51S ;:='98-4544
April 25, 1980
Re: Schoenharr Variance
File # 2762
Dear Mr. Grigonis:
In reply to the Board's letter of April 15, 1980, please be advised that the 15 foot
right of way owned by the applicant is paved and is available for parking for the
Coach Stoppe.
The premises subject to the variance application are not paved and have never been
used for Coach Stoppe parking. Accordingly, the Coach Stoppe and Deli parking
are not dependent upon using the subject premises.
As I have indicated to you and the other Board members, th
should be considered by itself and not in conjunction wi the
The two parcels are not contiguous and it is my position
have raised in your Resolution of March 20,
the application. Certainly said issues would not be
were owned by any one other than the applicant.
application
pr, operty.
which you
immaterial to
et premises
I hereby request that the Board reschedule the hea~
GFO/ra
ce
oppe
ues ~
1980~_~e irr~evant and]imms
not be ra~ed if the ~bjet F
Charles Grigonis, Jr. Chairman
Southold Town Board of Appeals
Southold, New York 11971
cc: Roy C. Schoenharr
Southold Town Board of Appeals
ROAD-~TAT£ ROAO ~-5 SOUTHOI. D, I...I., N.Y. 11c~71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONI$, JRt, CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
April 25, 1980
Mr. T.C. Hoffman
Regional Traffic Enqineer
N.Y.S. Department of Transportation
New York State Office Building
Veterans Memorial Highway
Hauppauge, New Yo~k 11787
Re: Appeal No. 2674 - Application of Roy C. Schoenharr
Dear Mr. Hoffman:
This Department has received an application for permission
to divide a parcel of land located at the south side of Route
25, Mattituck, wherein he proposes four undersized lots, two
in the A-Residential & Agricultural Zone and two in the B-1
Bdsiness Zone as shown on the attached survey.
One of the matters which is of concern to the Board is
traffic safety inasmuch as directly across the State road is
the A & P Shopping Center, and in the immediate area several
intersections. Therefore, we respectfully request your~/~
comments, suggestions or recommendations on the proposed
project.
If you have any questions, please do not hesitate to
call. Thank you for your assistance.
Sincerely yours,
CHARLES GRIGONIS, JR.
Linda Ko~alski -
Secretary
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
~,T.-'-.~,T ';.'. C:LL:~.":r,j~., C: :A:?:.';.;,:~
CHARLESGRIGONIS, JR. I' Chairman
SERGE DOYEN, JR.
TERRY TUTH ILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
SOUTHOLD, L. !., N.Y. 119'71
TELEPHONE {516) 7~-1800
April 15, 1980
Gary Flanner Olsen, Esq.
Main Road, Box 38
Mattituck, New York 11952
Re-
Appeal No. 2674 - Roy C. SChoenhaar
South side of Main Road~ Mattituck
Dear Mr. Olsen:
Attached for your file is a copy of the Board of
Appeal's resolution adopted March 20, 1980.
As you know, this matter is being held in abeyance
pending receipt of: (a) information as to whether or
not the 15-foot right-of-way owned by the applicant is
available for parking for the Coach Stoppe, and if
not, could it be made available; (b) parking plan
of the "Coach Stoppe" and delicatessen also owned by
the applicant in order.to determine whether Coach
Stoppe and delicatessen parking are dependent upon
using the subject premises.
Very truly yours,
Enclosure
Linda Kowalski
Secretary
Southold Town Board of Appeals
SOUTHOLD, L. !., N.Y. 119~'1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
March 28, 1980
Gary Flanner Olsen, Esq.
Ma~n Road, Box 38
Mattituck, New York 11952
Re: Appeal No. 2674
Applicat~on of Roy C. Schoenhaar
Dear Mr. Olsen:
The Board is in receipt of your application for apprOval
of insufficient width and area of a parcel to be divided
located on the south side of Route 25, Mattituck.
One of the matters which is of concern to the Board is
the question of adequate parking facilities for the Coach
Stoppe. It is our Understanding that the patrons of the Coach
Stoppe use one of the parcels which is to be set off. It is
also our understanding that there is a 15-foot right-of-way
running between the parcel allocated to the Coach Stoppe and
the parcel to the west thereof. An analysis of the required
parking spaces for the Coach Stoppe has been made. Such
analysis indicates that if the 15-foot right-of-way is avail-
able for parking that the Coach Stoppe would then have ade-
quate parking. However, if persons other than the applicant
have a right over said.-right-of-way, then of course this could
not be considered parking for the Coach Stoppe since the person
5avlng such right has a right to have the right-of-way
unobstructed.
Accordingly, before the Board proceeds further in this
matter, we would like to have you submit proof to the Board
of the matter of the right-of-way and the persons who have
easements therein. Pending the receipt of this information,
the Board will continue to hold this matter in abeyance.
Very truly yours,
CHARLES GRIGONIS, JR.
CHAIRMAN
By Linda F. Kowalski
Secretary
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O, BOX 38
MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 1195~ · PHONE 516 :>98'4844
March 36, 1980
Re:Schoenharr to Suter
File # 2762
Dear Mr. Grigonis:
Pursuant to the request of the Zoning Board, I have ascertained that the Applicant,
Roy C. Schoenharr, is the owner ,of the premises commonly referred to as the
"Coach Stop" located to the east of the subject premises. As you are aware, the
subject premises and the Coach Stop parcel are not contiguous since they are sep-
arated by a twenty foot wide parcel owned by Joseph Pumillo. I have also been in-
formed by Mr. Schoenharr that the subject premises are not and never have been
used for the Coach Stop parkin~;~particularly since there is the intervening twenty
foot Pumillo parcel and since the subject premises are not paved.
Also pursuant to your request, I am enclosing herewith a copy of a survey prepared
by Howard Young dated January 17, 1972, showing the Coach Stop parcel. Also en-
closed please find a survey prepared by Roderick Van Tuyl, dated July 3, 1979, showing
the twenty foot wide Pumfllo parcel.
Lastly, I am enclosing a copy of Mr. Schoenharr's Deed dated August 9, 1979 for the
subject premises. Please note that the intervening Pumillo parcel must remain un-
obstructed in that no fences, signs, or structures of any nature whatsoever shall be
built or erected thereon.
It is my position that the Application submitted to the
sidered by itself without any reference to the Coach Stop
are not contiguous and that one has nothing to do with
is anything further that you wish from me.
should be con-
the two pie~e~
advise if there
GFO~'clr
EnCSo
Southold Town Zoning Board of Appeals
Main Road
Southold, New York 11971
Att: Mr. Grigonis - Chaii-inan
cc: Roy C. Schoenharr
[St.
)00
-~C.
~3o~
Lock
·
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PF30 (60'7} Otandafll N.Y,~.T.U. F~ Bargain emi b Deed, with Covenant egelnet Orenj~Aem4ndivkkml et' Coq)mld(m .... $
COI~ULT YOUR LAWYER BEF~NING TH~ INSTRUMENT--THIS INSTRUMEI~i~IOULD BE U~ED BY LAWYI~ ONLY.
THIS INDENTURE, made tho --~-~-'-~'~'¥-of' 'Augus t, "ineteen hundred and seventy-nj.e,
3675 350
BEfl~£N JOSEPH PUI~LLO, residing at Ma±n Road (no street number),
Mattituck, New York; THOMAS PUMILLO, residing at 86 Chestnut Street,
Floral Park, New York; CHRISTINA ALGERIA, residing at 69 Fresh Pond
Road, Calverton, New York; CATHRYN NUNZIATO, residing at 131 Thurms
Estates, Calverton, New York; and ANGELINA PUMILLO, residing at
Main Road (no street number), Cutchogue, New York,
party of the first part, and
ROY C. SCHOENHAAR, of 315 Wyckoff Avenue,
Brooklyn, New York,
party of the second part,
WITNESSETH, that the party of the first pert, in consideration of
............... ($10.00) ..................... - - - - -
lewfui money of the United State~, and other good and valuable consideration paid
by the party of the second part, doe~ hereby grant and release unto the party of the second part, the heirs, or
aucce~ors and assigns for the party of the second part forever.
ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, attuate, lying
and beinginthe Town of Southold, County of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINniNG at a point on the southeasterly side of Main (State) Road
at the northwest corner of the herein described premises where the
same is intersected by the northeasterly side of land now or formerly
of Matt Agency, said point or place of beginning being also distant
133 feet, more or less, northeasterly as measured along the southeast-
erly side of Main (State) Road from the corner formed by the inter-
section of the easterly side of Marlene Lane with the southeasterly
side of Main (State) Road;
RUNNING THENCE from said point or place of beginning along the south-
easterly side of Main (State) Road, the following two (2) courses and
dis tances:
1) North 39 degrees 24 minutes 00 seconds East 110.31 feet;
2) North 49 degrees 36 minutes 00 seconds East 86.75 feet to the
southwesterly side of a 20 foot right-of-way;
THENCE along the southwesterly and along the southerly sides of said
20 foot right-of-way, the following two (2) courses and distances:
1) South 23 degrees .1;4 minutes 30 seconds East 261.31 feet;
2) North 71 degrees 03 minutes 00 seconds East 20.06 feet to land
now or formerly of Hallock;
THENCE along said last mentioned land, and along the land now or for-
merly of Berninger and along land now or formerly of Jackson, South
21 degrees 56 minutes 10 seconds East 269.91 feet;
THENCE continuing along land now or formerly of Jackson, North 71 de-
grees 22 minutes 10 seconds East 79.80 feet to land now or formerly
of Biliunas;
THENCE along last mentioned land, South 19 degrees 48 minutes
30 seconds East 75.0 feet to land now or formerly of Shewell;
THENCE along said last mentioned land, South 71 degrees 22 minutes
10 seconds West 266.30 feet to land now or formerly of Litchhult;
THENCE along last mentioned land and along land now or formerly of
S. Skuro and along land now or formerly of J. Skuro and along land
now or formerly of Matt Agency, North 23 degrees 44 minutes 00 seconds
West 516.30 feet to the southeasterly side of Main (State) Road, at the
point or place of BEGINNING. in commonLwit
TOGETHER with a Right of Way/over all that
~£-~xn pAot, piece or
parcel of land, situate, lying and being in the Town of Southold,
County .of Suffolk and State of New York, more particularly bounded
and described as follows:
BEGINNING at a point on the southeasterly side of Main (State) Road
at the northeast corner of the herein described premises where the ·
same is intersected by the northwesterly side of land now of ]toy
Schoenhaar, said point or place of beginning being also distant
351 feet, more or less, northeasterly as measured along the southeast-
erly side of Main (State) Road from the corner formed by the inter-
sideSeCti°nof Main°f the(state)easterlYRoad;side of Marlene Lane with the southeasterly
RUNNING THENCE from said point or place of beginning alon the sou -
easterly side i a g th
re) Road, South degrees minutes
00 seconds West/Co a point in the land. s now or formerly of the Estate
of Frank Pumillo as hereinabove described: ..... ·
~,,~,w,~ ......... sarong the lan~s ~ 'hereinabove C
:'~',,i,x,T xt'~ ~;e;?o. uth .23 degrees 14 minutes 30 seconds East/146.37 f~e~zey
co xanos now of Joseph Pumillo;
THENCE along said lands of Joseph Pumillo, North 64 degrees 21 minutes
30 seconds East 20.02 feet to lands now of Roy C. Schoenhaar;
THENCE along said lands of Roy C. Schoenhaar, North 23 degrees 14 min-
utes 30 seconds West 151.71 feet to the southeasterly side of Main
(State) Road, at the point or place of BEGINNING.
The foregoing described Right of Way shall remain unobstructed in that
no fences, signs, or structures of any nature whatsoever shall be built
or erected thereon, and this covenant shall bind the heirs, executors,
administrators, successors or assigns of the parties of the first part.
SUBJECT to any state of ~facts that an accurate survey may show.
March 20, 1980
Southold Town Board
Town Hall
Main Road
Southold, New York 11971
Gentlemen:
New York State straightened Main Road Route 25 between Sigsbee Road
and Bay Avenue, Mattituck, several years ago. The old section, "01d
Main Road" was turned over to the Town who, in 1965. and 1974, turned
~'~his property over to. the adjoining property owners. This are~''f~'~-.
not marked on the Building Zone Map. I say it should be zoned B-1
to merge with the rest of their zoned B-1 property. .-
I suggest the Town Board, if possible, on their own motion make this
B-1 zoned. The Town Clerk's records show the four parcels to the
east of Marlene Lane as going to John and Ann Skuro, Frank and Joe
Pumillo and Ernest and Harold Wilsberg in August, 1974. The parcels
to the west of Marlene Lane went to Mattituck Bowling Lane, M~ttituck
Building Corp. and Gunther Morchel in September, 1965.
Very truly yours,
GEORGE H. FISHER
Sr. Building Inspector
encl.
G~/mw
? .,, x
-~. '2:-
.J
March 20, 1980
Southold Town Board of Appeals
Main Rd.
Southold, NY 11971
Gentlemen:
Please be advised that the request for a four lot subdivision
of insufficient area, to be considered on the above date for
Mr. R. S~hoenharr, is located adjacent to property owned by
my father-in-law. (Stanley Sledjeski)
Kindly file this letter with the Schoenharr folder.
gPg
Very truly yours,
PETITION
We, the undersigned taxpayers of the Town of Southold are
opposed to the granting of a variance for the following
relief: area, width, side yard and access variances
In the Matter of the Petition of Roy C. Schoenhaar to the
Board of Appeals, Town of Southold for the property described
as follows: North by Main Road; East by Pumillo; and others;
South by Joseph Mellender; West by Matt Agency; and others.
Address
/
Page 2
Page
Addre s s
LEGAL NOTICE OF HEARINGS
Pursuant to Section 267 of the Town Law and Provisions of
the Amended Building Zone Ordinance of the Town of Southold,
public hearings will be held by the Board of Appeals at the
Town Hall, Main Road, Southold, New York on Thursday, March 20,
1980 ~n~the folio~ing:
7:30 P.M. Application of GERARD H. SCHULTHEIS, 3 Detmer Road,
Setauket, New York for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct dwelling
with an insufficient frontyard setback. Location of property:
Holden Avenue and Dick's Point Road, Cutchogue; bounded north
b~~ Hurff, northwest by Case, south by Dick's Point Road and
Holden Avenue, northeast by Blohme; County Tax Map Item No.
1000~110r~2~9.
7:45 P,M. Application of HELEN & ANITA McNULTY, by John C.
D~ller, Box 39, Laurel, New York, for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for approval of insuffi-
cient area and width of parcels to be established in a proposed
subdivision. Location of property: Peconic Bay Boulevard and
Laurel Lane, Laurel; bounded north by Peconic Bay; west by
Thoet, Ehlers, Teter; south by Peconic Bay Boulevard; e~st.by
Charles J'~ MONulty Estate. 1000-145-2- part of 001.
7:55 P.M. Application of SOPHIE RAYNOR, 17 Sound Road,
Greenport, New York, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for approval of insufficient width
and area of parcels to be established in a proposed minor
subdivision, and for approval of access, New York Town Law
Se~tioh 280'%~.' Location ofjproperty:' 69035 l~orth Road,
Greenport; bounded north and west by Tasker, south by North Road,
Legal Notice of Hearings -2-
March 20, 1980 Meeting
east by Straussner, Sfaelos Realty, Brandi.
Item No. 1000-35-1-7.
County Tax Map
8:05 P.M. Application of ROY C. SCHOENHAAR, c/o Gary
Flanner Olsen, Esq., Box 38, Main Road, Mattituck, New York,
for Variances to the Zoning Ordinance as follows: (1)
approval of insufficient width and area of parcels to be
established in a proposed subdivision, Article III, Section
100-31, (2) permission to reinstate p~eexisting nonconforming
sideyard setback, (3) approval of access, New York Town
Law Section 280-A. Location of property: South side of Route
25, Mattituck; bounded north by Route 25; west by Matt Agency,
Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock,
Steinhart, Jackson, Bilianos. County Tax Map Item No.
1000-143-2-33.2.
8:20 P.M. Application of ELEANOR RUCH, by Richard J. Cron,
Esq., Main Road, Cutchogue, New York for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for appr6val of
insufficient area and width of parcels known as filed Subdivision
Map of Shorecrest Lots No. 1, 4, 15, 17, 18, and 19 at Arshamo-
maque, Southold, New York. County Tax Map Item Nos.
!0'00~52v3~20, 22, 25, 29, 30, 31.
8:35 P,M. Application of JOHN CLIFFORD CORNELL, by Richard J.
Cron, Esq., Main Road, Cutchogue, New York for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for approval
of insufficient area and width of parcels known as filed Sub-
divi~sion Map of Shorecrest Lots No. 6, 7, 8, 9 at Arshamomaque,
Southold, New York. County Tax Map Item Nos. 1000-52-3-28, 32,
33, 34.
Dated:
March 4, 1980.
BY ORDER 'OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once commencing
Thursday, March 6, 1980 and forward six (6) affidavits of pub-
lication before March 11, 1980 to: Board of Appeals, Town Hall,
Main Road, Southold, New York 11971. (516) 765-1809.
Legal Notice of ~ earings -3- ~4arc 0, 1980 Meeting
Copies personally delivered to:
Long Island Traveler Watchman
Suffolk Weekly Times 3/4/80
3/4/80
Copies mailed to applicants or their agents: 3/4/80
Mr. Gerard H. Schultheis, 3 Detmer Road, Setauket, NY 11733
Mr. John C. Diller, a/c Helen & Anita McNulty
Box 39~ Laurel, NY 11948
Mrs, Sophie Raynor, 17 Sound Road, Greenport, NY 11944
Gary Flanner Olsen, Esq., Box 38, Main Road, Mattituck,
Roy C. Schoenhaar
Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935, a/c of
Eleanor Ruch and a/c of John Clifford Cornell
Copies:
Posted on Town Clerk Bulletin Board 3/4/80
Given to Supervisor W. Pell 3/4/80
Mailed to Board of Appeals Members 3/4/80
LEGAL NOTICE
OF HEARINGS
Prusuant to Section 267 of
the Town Law and Provisions
of the Amended Building Zone
Ordinance of the Town of
Southold, public hearings will
be held by the Board of
Appeals at the Town Hall,
Main Road, Southold, New
York on Thursday, March 20,
1980 on the following:
7:30 P.M. Application of
GERARD H. SCHULTHEIS, 3
100-31 for approval of insuf-
ficient width and area of
parcels to be established in a
proposed minor subdivision,
and for approval of access,
New York Town Law Section
280-A. Location of property:
69035 North Road, Greenport;
bounded north and west by
Tasker, south by North Road,
east by Straussner, Sfaelos
Realty, Brandi. County Tax
Map Item No. 1000-35-1-7.
8:05 P.M. Applicatign of~
- 'C -
38, Main Road, Matt ,
~~s follows:
(1) approval of insufficient
width and area of parcels to be
established in a proposed
subdivision, Article III, Sec-
tion 100-31, (2) permission to
reinstate preexisting noncon-
forming sideyard setback, (3)
approval of access, New York
Town Law Section 280-A.
Location of property: South
side of Route 25, Mattituck;
bounded north by Route 25;
west by Matt Agency, Jar-
zombeck, Roth; south by Mci-
lender; east by Pumillo, Hal-
lock, Steinhart, Jackson, Bil-
ianos. County Tax Map Item
No. 1000-143-2-33.2.
8:20 P.M. Application of
ELEANOR RUCH, by Richard
J. Cron, Esq., Main Road,
Cutchogue, New York for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
31 for approval of insufficient
area and width of parcels
known as filed Subdivision
Map of Shorecrest Lots No. 1,
4, 15, 17, 18, and 19 at
Arsharnomaque, Southold,
New York. County Tax Map
Item Nos. 1000-52-3-20, 22,
25, 29, 30, 31.
8:35 P.M. Application of
JOHN CLIFFORD CORNELL,
by Richard J. Cron, Esq.,
Main Road, Cutchogue, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
insufficient area and width of
parcels known as filed Sub-
division Map of Shorecrest
Lots No. 6, 7, 8, 9 at
Arsharhomaque, Southold,
New York. County Tax Map
Item Nos. 1000-52-3-28, 32,
33, 34.
Dated: March 4, 1980
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
IT, 3/6/80'(1-3¥)
COO~TY 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;
~nd that the notice of which the onnexed is a printed copy,
r. os been published in said Long Island Traveler-Watch-
man once each week for ............ / .......................... weeks
successively, commencing on the ...~.. ..................................
............................... :: .... 'dZ'.' ...... 'il. ..... ' .........
Sworn to before me this ....... ~.. ..............day o~
CLEMENT J. THOMPSON
NOTARY PUBLIC, State of New Yo~k
No. 52-9321725
Redd~g in Suffolk C~nly ,,~,
Comm~ Expire~ March 30, 1~"
LEGAL NOTICE
OF HEARINGS
Pursuant to Section 267 of
the Town Law and Provisions
of the Amended Building Zone
Ordinance of the Town of
Southold, public hearings will
be held by the Board of
Appeals at the Town Hall,
Main Road, Southold, New
York on Thursday, March 20,
1980 on the following:
7:30 P.M. Application of
GERARD H. SCHULTHEIS, 3
Detmer Road, Setauket, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct dwelling with an
insufficient frontyard setback.
Location of property: -Holden
Avenue and Dick's 'Point
Road, Cutchogue; beunded
north by Hurff, northwest by
Case, south by Dick's Point
Road and Holden Avenue,
northeast by Blohme; County
COUNTY OF SUFFOLK.
~ ss:
STATE OF NEW YORK.
minor subdivision, and for
approval of access, New York
Town Law Section 280.A. Lo-
cation of property: 69035 North
Road, Greenport; bounded
north and west by Tasker,
south by North Road, east by
Straussner, Sfaelos Realty,
Brandi. County Tax Map Item
No. 1000-35-1-7.
8:05 P.M. A001icatJon_ of
Ku¥ c. ~CHOENHAAR, c/o
Tax Map Item No. loo0.110-2-9.
7:45 P.M. Application of
HELEN & ANITA McNULTY,
by John C. Diller, Box 39,
Laurel, New York, for a Var-
iance to the Zoning Ordinance,
Article III, Section 100-31 for
approval of insufficient area
and width of parcels to be
established in a proposed sub-
division. Loc~ tion of property:
Peconic Bay Boulevard and
Laurel Lane, Laurel; bounded
north by Peconic Bay; west by - tsox ~, Main Road, Mattituck,
Thoet, Ehlers, Teter; south by
Peconic Bay Boulevard; east
by Charles J. McNulty Estate.
1000.145-2- part of 001.
7:55 P.M. Application of
SOPHIE RAYNOR, 17 Sound
Road, Greenport, New York,
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for approval of insuffic-
ient width and area of parcels
to be established in a pro.posed
New York, for Variances to
the Zoning Ordinance as fol-
lows: (1) approval of insuffic-
ient width and area of parcels
to be established in a proposed
subdivision, Article III, Sec-
tion 100-31, (2) permission to
reinstate preexisting noncon-
forming sideyard setback,. (3)
approval or' access, ~ew York
Town Law Section 280-A. Lo-
cation of property: South side
of Route 25, Mattituck; bound-
ed north by Route 25; west by
Matt Agency, Jarzombeck,
Roth; south by Mellender;
east by Pumillo, Hallock,
Steinhart,. Jackson, Bilianos.
County Tax Map Item No.
1000-143-2-33.2.
8:20 P.M. Application of
ELEANOR RUCH, by Rich-
ard J. Cron, Esq., Main Road,
Cutchogue, New York for a
Variance to the Zoning Ordin-
ance, Article III, Section 100.
31 for approval of insufficient
area and width of parcels
known as filed Subdivision
Map of Shorecrest Lots No. 1,
4, 15, 17, 18, and 19 at Arsha-
momaque, Southold, New
York. County Tax Map Item
Nos. 1000-52-3-20, 22, 25, 29, 30,
31.
8:35 P.M. Application of
JOHN CLIFFORD COR-
NELL, by Richard J. Cron,
Esq., Main Road, Cutchogue,
New York for a Variance to
the Zoning Ordinance, Article
III, Section loo-31 for approval
of insufficient area and width
of parcels known as filed Sub-
division Map of Shorecrest
Lots No. 6, 7, 8, 9 at Arsha-
momaque, Southold, New
York. County Tax Map Item
Nos. 1000-52-3-28, 32, 33, ~]4.
Dated: March 4, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TM6-3400
I~OENI NO. ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
- * NOTICE OF DISAPPROVAL
............ 8o
File No ................................................................. Dat~ ........................................................ , 1~ .......
PLEASE TA~:~IO~[(~,E,~9_t yopK,cqpRUcc~tion dated .................................................... , 19 ........
~.for pe. rmit to cpnstruct ........................................ at thej4premises located at ....................................
...................................................................... Street /
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disopproye&'on the follow;ng groun~f§"r.~,,2, ............................................ :r_~"-""
. .~ ......................................... ~ ........... ~ .~k&~ ........................................ : ........................ . ........ ="'"~'~ .....
............... ~ ............. ~ .... ~...' ~ ........ · ....................................................................................
l eeo-' l '1 ~ - 3 --3"~. 2,.
Building Inspector
~g AI ~ F /-'~ ~"! /L'~
~ k, B'I
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLESGRIGONIS, JR.t Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure.
DESCRIPTION OF PROJECT
appe,~l No. 2674. Application of ROY C. SCHOENHAAR, by'
Gary Flanner Olsen, ESq., Main Road, Box 38, Mattituck, NY 11952.
Location of Project: South side of Route 25, Mattituck,
New York. County Tax Map Item No. 1000-143-3-33.2.
Permission Requested: (a) Variance approving insufficient
width and area for four proposed lots; (b) Variance reinstating
preexisting nonconforming sideyard setback; (c) Approval of
access, New York Town Law 280-A.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affi'davit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax Map showing the subject property, &other documents as
may De required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated: Feb. 28, 1980.
Posted on Town Clerk Bulletin Board 3/4/80.
.~N OF SOUTHOLD '
SHORT ENVIzONMENTAL ASSESSMENT FORM'
'INSTRUCTIONS:
('a) In order to answer the questions in this short EAF i~ is assumed
thai the preparer will use currently available in[ormation concerning Che
projec¢ and the likely impacts of the ociion. ]t iS not expected Cha¢
additional siudies, research or other ~nves¢igolions will be under¢aken.
(b) I~ any question has been answered Yes the pro)ec¢ may be
slgniF~can¢ and a comple¢ed Environmental Assessment Form is necessary.
(c) I~ all ques¢ions have been answered No i¢ is iikely Cha¢ Chis
projec¢ is no~ S~gn~cont.
(d) E~'~onmenCa~ Assessmen~
~han }0 ac~es of }and? ........................ Yes~ No
~, ~}~ ~he~e be a ma~o~ change ~o any unique o~
-unusual }and fo~m ~ound on Che
3, W~}} p~o]ec~ a}~e~ o~ have a }a~ge effec~ on
existing body o[ waCe~~ Yes~ No
4, ~ p~o~ec¢ have o poCen~a~}y ~o~ge ~mpac~ ,
on g~oundwa~e~ qua}~¢y? .... · .................... ~es~'No: ~ ..
flow on adjacent, s~¢es? ........................ , Yes~: Nq
'~, ~}} 'p~o]ec¢
endangered p~an~ o~ anSma~ species? ........... .,. Yes~ :N°
7, W~}~ p~o]ec~ ~esu}~ ~n a ma]o~ adverse
ua~¢y? Yes ~ No'
8, W~}~ p~o~ec~ have a mo]o~ effec~ on v~sua}
cha~ac~e~ o~ ~he commun~¢y
v~s~as known ¢o.be ~mpo~¢an¢
~, W~} p~o~ec¢ adversely ~mpac¢ an~ s~¢e o~
pa}eon¢o}og~ca} ~mpo~once o~ any s~e
designated as a c~co} env~onmen~a~ a~ea
}0, ~}} p~o~ec~ 'have a ma~o~ e~ec¢ on existing
o~ ~u~u~e ~ec~ea¢~ona} oppo~¢un~¢~es? ......... . ~es~_N°
}}, ~}} p~ojec¢ ~esu}~ ~n ma]o~ t~aff~c p~ob}ems
o~ cause a ma]o~ e[fec~ [o ex~s¢~ng
~anspo~a¢~on sysCems? ....................... . Yes~ No
~2. W~ p~o]ec~ regularly cause ob]ect~onab~e
odo~s~ no~se~ g~a~e~ v~b~at~on~ o~ e~ec~r~ca~
d~stu~bance as a ~esu~ of ~he p~o~ec~'s
Yes~ No
operation? ....................................
~3. W~ p~o~ec~ have any ~mpact on public hea~h
o~ safety?. '. . ...... Yes~ No
directly causing o growth in permanent
Population of more than 5 percent over o one
year period or have o major negative effect
on the character of the community or
n ghbo hoo ? ..f ........................ -. _Ye X No
is the~e pubic c~o~sy concerning
.
- u~
~ DAT E~ 1 0
REPRESENTINGF°r: ROY C. Schoenhaar 27 1980
O O
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
February 27, 1980
TELEPHONE
(516) 765-1801
To: .
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2674 application of Roy C. Schoenhaar
for a variance. Also included are notification to adjoining property owners
as follows: Joseph Pumillo, Mattituck, N.Y. 11952; J. Arthur Hallock,
Mattituck, N.Y. 11952; Evelyn Steinhardt, 35 Sussex Road, Elmont, N.Y. 11003;
Edna F. Jackson, Mattituck, N.Y. 11952; Anna Biliuns, Mattituck, N.Y. 11952:
Joseph Mellender, 225 Van Dalia Avenue, Brooklyn, N.Y. ; Matt Agency, Inc.,
10200 Main Road, Mattituck, N.Y. 11952; Jean Jarzombeck, Bray Avenue,
Mattituck, N.Y. 11952; Rose Roth, RR # 1 Box 52 C, Mattituck, N.Y. 11952:
Mildred Litchult, RR # 1 Box 52 B, Mattituck, N.Y. 11952
JTT/bn
cc:file
Enc./
Town Clerk
GARY FLAN n er OLS eN
COUNSELLOR AT LAW
Pm O. BOX 38
MAIN ROAD · MATTITUCK, LONG ISLAND. NEW YORK 1195;~ · PHONE 516 298-4844
February 27, 1980
Re: Schoenhaar to Surer
file # 2762
Dear Mrs. Terry:
Enclosed herewith please find three copies of a VarianC~plication, Notice
to Adjoining Landowners; a Short EnvirOnmental Ass~sme~ Form, and the
filing fee of $15.00. Please submit same to the Zo~gmg Board to be sCheduled
for a public haaring. // /
Very tr ,~U~/yo~, /
GFO/clr
Enc s.
Judith Terry
Southold Town Clerk
Main Road
Southold, New York
11971
cc: Roy C. Schoenhaar
cc: Southold Town Zoning Board of Appeals
cc: Southold Town Planning Board
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7~'
TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y.
~, ~ ...~.o.y..~......S. mh.o..~n.h..a..a..r. .......................... of .... ~l~...~.~k~ff.A.v.~na~ ....... : ............... : ........
Name of Appellon.t Street and Number
................. 1Rrs~'lr.n ............................................................. ~e~..¥.c~.~ .....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
( )
( )
Name of Applicant for permit
of
,~.Z..~...W.y.ckoff. Av.e aue ........... Bm. ookl~v~, ............. l~aw.. ~o~ ..........................
Street and Number ' Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(x) , VARIANCE ~
1. LOCATION DF THE PR~PERTY~..~...z~....(~.~.t.e.~..~..~D..~.~.B~.~.3..5.;:~.~`~.t.1;i.1;B.9..~.L~.~.E~..~A''
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.)
Article VII Section 100-71; Article III Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
(x) A VARIANCE due to lack of access :(State of New York Town Law Chap. 62 Cons. Laws
" A~t. 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
and was made in Appeal No ................................. Dated ......................................................................
(x)
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZBI
(Continue on other side)
REASON FOR APPEAL
O O
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ·
sary HARDSHIP because Applicant seeks to divide the subject premises into four par-
cels. Parcels 1 and 2 are located in B-1 Zoned District and said parcels would be
used for retail store purposes. There is an existing building on Parcel 1 which re-
quires a side yard VarianCe.
Parcels 3 and 4 are located in an A Zoned District and would be utilized for residen-
tial purposes and access thereto would be over a 20 foot right of way as shown on the
annexed survey, which is made part of this Application.
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 Applicant's premises is lOcated
partly in, i aB-:l Zoned Di~triat~and partly in an A Zoned District.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the parcels to be created would be in generally
keeping with the size and shape of the other parcels in the area and would not
change the character of the neighborhood.
STATE OF NEW YORK )
)
COUNTY OF SUFFOL]~
SS
Roy C. S~
Gary Olsen, as attorney
Sworn to this .................... .2...7..t..h. ................. day of ..... F..e.braary. ............................... 19 80.
(/qotary Public
LYNN RUSSELl:
.;,i.).,3L!,]. State of New Yor~
{~e;m!.7 - 52-4793046
::q:.:~:.s ~dc.4ch 30, 19~
O
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Roy C. Schoenhaar -
to the Board of Appeals of the lown of Southold
TO: Joseph Pumillo f.
J. Arthur Hallock
Evelyn B, Steinhardt
Edna F, Jackson
Anna Biliuns
YOU ARE HEREBY GIVEN NOTICE:
Joseph Mellender
Matt Agency Inc.
Jean Jarzombek
Rose Roth
Mildred Litchult
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) (:~]h*a[L~~:~:t~rJftI~l~i[fal~(the following relief: Area~ width~ side ,yard,
and access Variances ~' ..... ).
2. lhat the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Main Road; Easl by Pumillo; and others; South b7 Joseph -
Mellender; West by Matt Agency and, others.
3. That the property which is the subject of such petition is located in the following zoning district:
1~-1 and "A"
4. That by such Petition, the undersigned will request the following relief: Vnr~_ nee fo*' ip.m,t'¢{tq~nt
area and width; insufficient side yard and approved access
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article VTT Section 100-71; Article III Section 100-31 and Section 280 A Town Law
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 ma), then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be h~ matter by the
Board of Appeals; that a notice of such hearing must be published at least five dajy~prior to]the date of such
hearing in the Suffolk Times and in the Long Island Traveler'Mattituck Watchm/fn, newspafiers publiShed in the
Town of S°uthold and designated for the publication of such notices; that yo)l' or yo~ r~Oresentative have the
riDated:ght to ap pear 2/27180and be heard at such heart, ng. . ~r''y~~//..///r~ ~/~_~C. Sch
Petitioner Gar~Flanner Otsen--
Post Office Address
P; O: ~o~r 3~1: M~.~n Road
" Mattituck, New York 11952
Phone: (516)-298-4844
C
NAME
Joseph Purnillo
J. Arthur Hallock
Evelyn B. Steinhardt
Edna F. Jackson
Anna Biliuns
Joseph Mellender
Matt Agency Inc.
Jean Jarz ornbek
Rose Roth
Mildred Litchult
PROOF OF MAILING OF NOTICE
ADDRESS
Mattituck, New York 11952
Mattituck, New York 11952
35 Sussex Road
Elrh°n[ , New York 11003
Matti[uck, New York 11952
Mattituck, New York 11952
225 Van Dalia Avenue
Brooklyn, New yOrk
10200 Main Road
Mattituck, New York
Bray Avenue ·
Mattituck,' New~Y0rk 11952
11952
RR #1, Box 52 C
Mattituck, New York 11952
RR #1, Box 52B
Mattituck. New York
11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
Cherie Lynn Russell , residing at (no number) Yler~en
New York , being duly sworn, deposes and sa~s that on the 2 ?th day
of February ,19 80 ., 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 n;~mes of said persons are the addresses of said pers~0ns as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck: New ¥orl~ ; that said Notices were mailed to each of said persons by
(certified) (~l~l~:mail.
Sworn to before~ ~ ~ ·
day of ~
Cherie Lynn FL~ssell
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPEC~I'OR
TOWN HALL
SOUTHOLD, N. Y. 11971
145 ~
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NOTE:
//
4.00 OSTRANDER
AL.DEN W. YoUN(3
ilROiriellON&l.. ENGINEER &NO
LAND suMVEyOR. N.Y.I, LIC, NO, 1~4E
FOR:
ROY C. SCHOEtVHAA
R
MA T TI TUCK
o~ SOUTHOLD
sUFFOLK CO,, N.Y.
"= 40' JAN. 17, 1972
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To(,vm ex,:: .~u-r~oc.o, N.Y.
UNAUTHORIZED ALT.rRATiOM OR ADDiTIoN
I'O THIS SURVLy IS A VIOL,\Th~,N
SEC~ON 7209 OF ~E
ED~ATION LAVv.
THE LAND ~jR%,~vO~:3
~BOSSED SS>',L .E~;ALL
~ bE A VALID iKU~ C'.91 :.
~f GUARANTEES ffdD~C :j :lD
15 P~E~AKED, /.~b O~
TITL~ COMPANy, ~Ov, k ~,;,,jtNFA~
LENDING INS?iTUT~GN ~. , .D i.:;~?>N' AHO
TO THE ASSigNEE3 OF [HE
TUT;ON. GUARANTEEs ~
O ADDI?IONAL INSTEI'UTj~$
~NER5.