HomeMy WebLinkAbout3626Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11c~'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
App]. NO. 3626-$E
Application Dated April ]0, ]987
TO: Mr. Glen Moller, Director
NORTH FORK EARLY LEARNING CENTER
600 Wickham~ Avenue, P.O. Box 1053
Mattituck, NY 11952
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June]8, 1987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
IX] Request for Special Exception under the Zoning Ordinance
Article III , Section 100-30(B)
[ ] Request for Variance to the_Zoninq Ordinance
Article Section
[ ] Request for
Application of NORTH FORK EARLY LEARNING CENTER for a Special
Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3]
for permission to establish private (nursery) school [or day care
center] as a nonprofit organization, at premises referred to as the
"Veterans Community Center," north side of Pike Street, east side
of Wickham Avenue, and south side of Hill Street, Mattituck, NY;
County Tax Map Parcel ID No. 1000-140-2-39.
WHEREAS, a public hearing was held and concluded on May 2l,
1987 in the Matter of the Application of NORTH FORK EARLY LEARNING
CENTER under Special Exception Application No. 3626; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and
familiar with the premises in question, its present zoning,
and the surrounding areas; and
are
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a corner lot as defined by
Section 100-13 of the Zoning Code fronting along the north side
of Pike Street, the east side of Wickham Avenue, and the south
side of Hill Street, in the Hamlet of Mattituck, Town of
Southold, further identified on the Suffolk County Tax Maps
as District 1000, Section 140, Block 2, Lot 39.
2. The subject premises contains a total area of 1.41
acres, is located in the "A-40" Residential and Agricultural
Zoning District, and is improved with one frame and metal
building of a size 51.5 by 41.4 feet, as more particularly
shown on survey and site plan prepared by Peconic Surveyors
and Engineers, P.C. May 12, 1987.
(CONTINUED ON PAGE TWO)
DATED: June 18, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
P~age 2 - Appl. No. 3626-SE
Matter of NORTH FORK EARLY
LEARNING CENTER
Decision Rendered June 18, 1987
3. By this application, applicant seeks a Special Excep-
tion under the Provisions of Article III, Section 100-30(B)[3]
of the Zoning Code to operate a nursery school in an existing
building, at premises referred to as "The Veterans Community
Center." The nursery school operation is proposed for a
maximum of 29 children, with four teachers and one adminis-
trator, and with both half and full day programs.
4. Properties to the north (along Hill Street) are
located in the "C-Light Industrial" Zone; properties to
the west, east and south are located in the Residential and
Agricultural Zone.
5. The May 12, 1987 survey and site plan prepared by
Peconic Surveyors and Engineers, P.C. depict a frame and
metal building, having a total first floor area of 22340±
sq. ft. for use in the day-care center's operation. Also
shown are a minimum of 15 parking spaces, including two
handicap spaces, and a fenced-in playground. The existing
building is setback at its closest points 87.6 feet from
Hill Street, 13.7 and 21.8 feet from the southeast
property line (n/o/f Kramer), 68.4 feet from the east
property line, and 173 feet from the westerly property
line along Wickham Avenue. The existing playground area
is set back 27 feet from Hill Street, 18 feet from the
easterly property line, 46 feet from the northeasterly
property line (along Kramer), and 198 feet from Wickham
Avenue.
6. To the best of this Board's knowledge, the subject
premises has never been used as a residence since prior
to the enactment of zoning, and has been used only as a
meeting place or community center. No building permits
have been issued since the enactment of zoning, and the
building does not appear to have been changed or altered
in any manner since prior to zoning.
7. Article III, Section lO0-30(B)
schools, colleges and other educational
subject to the following requirements:
permits ..."Private
institutions,
(a) No building shall be less than 50 feet from any
street or lot line;
(b) The total area occupied by all principal and
accessory buildings shall not exceed twenty percent [20%]
of the area of the lot;
(c) Any such school shall be a nonprofit organization
within the meaning of the Internal Revenue Act and shall be
registered effectively thereunder as such;
(d) Any such school shall occupied a lot with an area
of not less than five (5) acres plus one (1) acre for each
25 pupils for which the building is designed ....
8. In the understanding of this Board after reviewing
this case that the use proposed does not meet the State's
definition for a "school," under the Education Laws, and
that the use intended is a ~'day care center," and the cir-
cumstances of the property do not lend to the conditions
under such a Special Exception permit.
Page 3 Appl. No. 3626-SE
Matter of NORTH FORK EARLY LEARNING CENTER
Decision Rendered June 18, 1987
9. Simultaneously herewith under Appeal No. 3632,
a use variance was granted to this premises for the
operation of a "Day Care Center" in the existing building
as applied.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that the Application for a Special Exception
as applied under No. 3626 NORTH FORK EARLY LERANING CENTER
BE AND HEREBY IS DISMISSED IN ITS ENTIRETY.
Vote of the Board: Ayes:
Doyen, Douglass and Sawicki.
adopted.
Messrs. Goehringer, Grigonis,
This resolution was unanimously
lk
RECEIVED AND FILED 12 f
THE SOUTHOLD TOWN CLL4:~'
DATE ~ '~ ~Y) ;~0,~.. /020
.,,,~,,~..,, , .,~ uti .
To~ Clerk, Town o[
Southold Town Board of Appeals
MAIN RDAD- STATE RDAD 25 ~rlUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
1987
May 21,
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3626SE
PROJECT NAME: NORTH FORK EARLY LEARNING CENTER
This notice is issued pursuant ko Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.'
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application p~nding for the same or similar
project.
TYPE OF ACTION: [ ] Type II IX] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to establish private (nursery)
school (or day-care center) as a nonprofit organization.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Pike St. and Wickhs3n Ave.,_ Mattituck, NY
1000-140-2-39
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use of premises and is
directly related to new construction.
not
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowatski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802. '
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
MAIN ROAD, P.O, BOX 1424
MATTITUCK LONG ISLAND
NEW YORk 11952
WICKHAIvl, W~CKHAM & BRESSLER, f'.c.~
April 16, 1987
Ms. Linda Kowalski
Secretary to Zoning Board of
Town of Southold
Town Hall
Main Road
Southold, New York 11971
Appeals
Re:
Special Exception Application for
North Fork Early Learning Center
Dear Ms. Kowalski:
With respect to your request for additional information
on the above referenced application, I have set forth
the responses below:
1. The maximum number
(29). There are four
administrator.
of students is twenty-nine
4) teachers, and one (1)
2. Enclosed herewith is a drawing showing the
buildings and parking lot. The parking lot is poorly
paved, so identifiable parking slots are not possible.
Also enclosed is a drawing of the playground facility.
3. We have applied for a Pre-C.O. to the Building
Department.
4. We have previously submitted the affidavit
regarding Notices to Adjacent Owners.
5. Regarding the North Fork Early Learning Center's
tax exempt status, please find enclosed a Declaration
of Trust for the North Fork Early Learning Center
Charitable Trust, which was set up to give the North
Fork Early Learning Center tax exempt status until
the Internal Revenue Service rules on the application
for tax exempt status which has been filed by the
not-for-profit corporation organized to conduct the
business of the North Fork Early Learning Center.
New York State's Department of Social Services, Day
Care Licensing Division, has indicated that the tax
exempt status is routinely approved following licensing
of a day care operation. The licensing of this
particular day care operation requires letters of
approval from the Town of Southold with respect to
the premises.
If additional information is required, please do not
hesitate to call.
DCR:AL
Enclosures
~tru~y~ yours,
The North Fork Early Learning Center Charitable Trust
Declaration of Trust made as of the~day of
March, 1987, by Glenn Moller and Angela Moller, both
residing at Glider Avenue, Riverhead, New York, who hereby
declare and agree that they have received this day from
William A. Cahill, Jr., as Donor, the sum of Ten ($10.00)
Dollars' and that they will hold and manage the same, and any
additions to it, in trust as follows:
First: This Trust shall be called "The North Fork
Early Learning Center Charitable Trust".
Second: The Trustees may receive and accept property,
whether real, personal, or mixed, by way of gift, bequest,
or devise, from any person, firm, trust, or corporation, to
be held, administered, and disposed of in accordance with
and pursuant to the provisions of this Declaration of Trust;
but no gift, bequest or devise of any such property shall be
received and accepted .if it is conditioned or limited in
such manner as to require the disposition of the income or
its principal to any person or organization Other than a
"charitable organization" or for other than "charitable
purposes" within the meaning of such terms as defined in
Article Third of this Declaration of Trust, or as shall in
the opinion of the Trustees, jeopardize the Federal Income
Tax exemption of this Trust pursuant to section 501(¢)(3) of
the Internal Revenue Code, or corresponding section of any
future federal tax code.
Third: A. The principal and income of all property
received and accepted by the Trustees to be administered
under this Declaration of Trust shall be held in trust by
them, and the Trustees may make payments or distributions
from income or principal, or both, to or for the use of such
charitable organizations, within the meaning of that term as
defined in paragraph C, in such amounts and fOr such charit-
able purposes of the Trust as the Trustees shall fromI time
to time select a~d determine; and the Trustees may make
payments or distributions from income or principal, or both,
directly for such charitable purposes, within the meaning of
that term as defined in paragraph D, in such amounts as the
Trustees shall from time to time select and determine
without making use of 'any other charitable organization.
Income or principal derived from contributions by corpora-
tions shall be distributed by the Trustees for use solely
within the United States or its possessions. No part of the
net earnings of this Trust shall inure or b~ payable to or
for the benefit of any private shareholder or individual,
and no substantial part of the activities of this Trust
shall be the carrying on of propaganda, or otherwise attempt-
ing, to influenCe legislation. No part of the activities of
this Trust shall be the participation in, or
(including ~h~ publishing or distributing of
any political campaign on behalf of
office.
intervention in
statements),
any candidate for public
-2-
B. The Trust shall continue forever unless
the Trustees terminate it and distribute all of the princi-
pal and income, which.action may be taken by the Trustees in
their discretion at any time. On such termination, assets
shall be distributed fo~ one or more exempt purposes, within
the meaning of section 501(c) (3) of the Internal Revenue
Code, or corresponding section of any future federal tax
code, or shall be distributed to the federal government, or
to a state or local government, for a public purpose. The
Donor authorizes and empowers the Trustees to form and
organize a non-profit corporation limited to the uses and
purposes provided for in this Declaration of Trust, such
corporation to be organized under the laws of any State or
under the laws of the United States as may be determined by
the Trustees; such corporation when organized to have power
to administer and control the affairs and property and to
carry out the uses, objects, and purposes of this Trust.
Upon the creation and organization of such corporation, the
Trustees are authorized and empowered to convey, transfer,
and deliver to such corporation all the property and assets'
to which this Trust may be or become entitled. The charter,
by-laws, and other provisions for the organization and
management of such corporation and its affairs and property
shall be such as the Trustees shall determine, consistent
with the provisions of this paragraph.
C. In this Declaration of Trust and in any
amendments to it, references to "charitable organizations"
-3-
or "charitable organization" mean corporations, trust,
funds, foundations or community chests created or organized
in the United States or in any of its possessions, whether
under the laws of the United States, any state or territory,
the District of Columbia, or any possession of the United
States, organized and operated exclusively for charitable
purposes, no part of the net earnings of which inures or is
payable to or for the benefit of any private shareholder or ~
individual, and no substantial part of the activities ~f
which is carrying on propaganda, or otherwise attempting, to
influence legislation, and which do not participate in or
intervene in (including the publishing or distributing of
statements), any political campaign on behalf of any candid-
ate for public office. It is intended that the organization
described in this paragraph C shall be entitled to exemption
from Federal Income tax under section 501(c) (3) of the
Internal Revenue Code, or corresponding.section of any
future federal tax code.
D. In this Decla~ation of Trust and in any
amendments to it, the term "charitable purposes" shall be
limited to and shall include only religious, charitable,
scientific, literary, or educational purposes within the
meaning of those terms as used in section 501(c) (3) of the
Internal Revenue Code, or corresponding section of any
future federal tax code, but only such purposes as also
constitute public charitable purposes unde~ the law of
Trusts of the State of New York.
-4-
Fourth: This Declaration of Trust may be amended at
any time or times by written instrument or instruments
signed and sealed by the Trustees and acknowledged by any of
the Trustees, provided that no amendment shall authorize the
Trustees to conduct the affairs of this Trust in any manner
or for ~ny purpose contrary to the provisions of section
501(c) (3) of the Internal Revenue Code, or corresponding
section of any future federal tax code. An amendment of the
provisions of this Article Fourth (or any amendment to it)
shall be valid only if and to the extent that ~uch amendment
further restricts the Trustees' amending power. All instru-
ments amending this Declaration of Trust shall be noted upon
or kept attached to the executed original of this Declara-
tion of Trust held by the Trustees.
Fifth: Any Trustee under this Declaration of Trust
may, by written instrument, signed and acknowledged, resign
his office. The number of Trustees shall be at all times
not less than two, and whenever for any reason the number is
reduced to one, there shall be, and at any other time there
may be, appointed one or more additional Trustees. Appoint-
ments shall be made by the Trustee or Trustees for the time
in office by written instruments signed and acknowledged.
Any succeeding or additional Trustee shall, upon his accept-
ance of the office by written instrument signed and acknow-
ledged, have the same powers, rights and duties, and the
same title to the Trust estate jointly with the surviving or
remaining Trustee or Trustees as if originally appointed.
-5-
None of the Trustees shall be required to
furnish any bond or surety. None of them shall be respons-
ible or liable for the acts of omissions of any other of the
Trustees or of any predecessor or of a custodian, agent,
depositary or counsel selected with reasonable care.
The one or more Trustees, whether original or
successor, for the time being in office, shall have full
authority to act even though one or more vacancies may
exist. A Trustee may, by appropriate written instrument,
delegate all or any part of his powers to another or others
of the Trustees for such periods and subject to such con-
ditions as such delegating Trustee may determine.
The Trustees serving under this Declaration
of Trust are authorized to pay to themselves amounts for
reasonable expenses incurred and reasonable compensation for
services rendered in the administration of this Trust, but
in no event shall any Trustee who has made a contribution to
this trust ever receive any compensation thereafter.
Sixth: In extension and not in limitation of ~the
common law and statutory powers of Trustees and other powers
granted in this Declaration of Trust, the Trustees shall
have the following discretionary powers:
(a) to invest and'reinvest the principal and
income of the Trust in such property, real, personal, or
mixed, and in such manner as they shall deem proper, an~
from time to time to change investments as they shall deem
advisable; to invest in or retain any stocks, shares, bonds,
notes, mortgages, obligations, or personal or real property
(including without limitation any interests in or obliga-
tions of any corporation, association, business trust,
investment trust, common trust fund, or investment company)
although some or all of the property so acquired or retained
is of a kind or size which but for this express authority
would not be considered proper and although all of the trust
funds are invested in the securities of one company. No
principal or income, however, shall be loaned, directly or
indirectly to any Trustee or to anyone else, corporate or
otherwise, who has at any time made a contribution to this
Trust, nor to any one except on the basis of an adequate
interest charge and with adequate security;
(b) to sell, lease, or exchange any personal,
mixed or real property,.at public auction or by private
contract, for such consideration and on sucM terms as to
credit or otherwise and to make such contracts and enter
into such undertakings relating to the Trust property, as
they consider advisable, whether or not such leases or
contracts may extend beyond the duration of the Trust;
(c) to borrow money for such periods, at
such rates of interest, and upon such terms as the Trustees
consider advisable, and as security for such loans to
mortgage or pledge any real or personal property with or
without power of sale; to acquire or hold any real or
personal property, subject to any mortgage or pledge on or
of property acquired or held by this Trust;
-7-
(d) to execute and deliver deeds, assign-
ments, transfers, mortgages, pledges, leases, covenants,
contracts, promissory notes, releases, and other instru-
ments, sealed or unsealed, incident to any transaction in
.which t~ey engage;
(e) to vote, to give proxies, to participate
in the reorganization, merger or consolidation of any
concern, or in the sale, lease, disposition, or distribution
of its assets; to join with other security holders in acting
through a committee, depositary, voting Trustees, or other-
wise, and in this cgnnection to delegate authority to such
committee, depositary, or Trustees and to deposit securities
with them or transfer securities to them, to pay assessments
levied on securities or to exercise subscription rights in
respect of securities.~ and
(f) to employ a bank or trust company as
custodian of any funds or securities and to delegate to it
such powers as they deem appropriate; to hold trust property
without indication of fiduciary capacity but only in the
name of a registered nominee, provided the]trust property is
at all times identified as such on the books of the trust;
to keep any or all of the Trust property or funds in any
place or places in the United States of America; to employ
clerks, accountants, investment counsel, investment agents,
and any special services, and to pay the reasonable compen-
sation and expenses of all such services in addition to the
compensation of the Trustees.
-8-
Seventh: The Trustees' powers are exercisable solely
in the fiduciary capacity consistent with and in furtherance
of the charitable purposes of this Trust as specified in
Article Third and not. otherwise.
Eighth: In this Declaration of Trust and in any
amendment to it, references to "Trustee" mean the one or
more Trustees, whether original or successor, for the time
being in office.
Ninth: Any person may rely on a co~y, certified by a
notary public, of the executed original of this Declaration
of Trust held by the Trustees, and of any of the notations
on it and writings attached to it, as fully as he might rely
on the original documents themselves. Any such person may
rely fully on any statements of fact certified by anyone who
appears from such original documents or from such certified
copy to be a Trustee under this Declaration of Trust. No
one de~ling with the Trustees need inquire concerning the
validity of anything the Trustees purport to do. No one
dealing with the Trustees need see to the application of
anything paid or transferred to or upon the order Of the
Trustees of the Trust.
Tenth: This Declaration of Trust is to be governed
in all respects by the laws of the State of New York.
il lam ~ Ca i , r., o
-9-
Accepted
STATE OF NEW YORK
COUNTY OF NEW YORK
SS.:
Glenn Moller, Trustee
ngq~a Moller, Trustee
On this ~day of March, 1987, before me personal-
ly came William A. Cahill, Jr., to me known and known to me
to be the individual described in and who executed the
foregoing instr~ent, and he acknowledged/~m~.~ he
executed the same. ~ ~/ / ~/~
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
Notary Public
MARIA SCORCIA
NOTARY PUBUC, State of New York
No. 41-478606!
(}ualified in ~)uee~s County
Commission Expires Ma~ch 30, 19'-./
On this ~ day of March, 1987, before me personal-
ly came Glenn Moller, to me known and known to me to be the
individual described in and who executed the foregoing
instrument, and he acknowledged to me that he executed the
same.
Not4u? Public, State of New York
No. 4842181 '~
Q~lified In Suffolk Count~ ~ }
Commini~ gxpk~ M=ch~, ~9~7 Notary Publ:Lc. ~/ ~) ,
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
On this ~ day of March, 1987, before me personal-
ly came Angela Moller, to me known and known to me to be the
individual described in and who executed the foregoing
instrument, and she acknowledged to me that she executed the
same.
Notary 'Phb 1 i'~ ~/~)
-10-
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11S71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
.JOSEPH H. SAWlCKI
April 15, 1987
Daniel C. Ross, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Appl. No. 3626SE
Dear Dani
North Fork Early Learning Center
This letter will confirm our recent conversations concern-
ing the above matter that receipt of the following will help
to expedite the processing of this application:
~_~d~?~-l. Notice of Disapproval from the Building Inspector;
~Cp, ~ 2 Plan showing the existing building, fencing, proposed
arkin~ spaces (min. 10' by 20' each), storage areas, play
areas, egress and ingress (sketch drawn to scale or site plan);
3. Written confirmation as to:
~-~¢'~/~ (a) the maximum number of students, teachers and
employees during the operation of the school;
(b) the areas proposed for use by the school (for
example, first floor, second floor, etc.) in square footage
if possible;
~.~/~5 (c) the status of the nonprofit organization and
regular updates for the file.
If you are able to furnish the above by our April 22nd
deadline, the Board will be in a position to review (on 4/23)
and schedule same for our May hearings calendar.
Please call our office at any time you have questions.
Yours very truly,
Linda F. Kowalski
For the Chairman
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
...'~. ~..~...~...~,..u.~.¢.~.. .......
PLEASE TAKE NOTICE that your application duted .. ~...-~.']. .......... , 19 .~. 7..
for pemfit to ~_- ........'~'~' '~ · ~' '"~.'~ .~ . ~.~ ~... at
Location of Property .~.,~. ~..~[~.~. ~.. ~.~.~...
House No. Streer Homier
County Tax Map No. 1000 Section , J~O Block ~ ~ Lot ,, ~.~.
Subdivision ................. Filed Mat> No ................. Lot No ..................
is returned herewith and disapproved oll tile following grounds.{~..' .~-.. '~... ,,~.¢,,~
......................
Buikling Inspector
NOTICE OFHEABINGS 8:00 p.m. File No, 3629 -
NOTICE IS HEREBY~RWIN AND SONDRA
GIVEN, pursuant to Section 267~HOMPSON. Variance to the
of the Town Law and the Code of ~'Zoning Ordinance, Article VI,
the Town of Southold, the follow-
ing public hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at a
Regnlar Meeting at the Southold
Town Hall, Main Road, South-
old, Ne~; York, on THURS-
DAY, MAY 21, 19~7, at the fol-
lowing times:
7:35 p.m. File No. 3624 - ER-
NEST TARMIN. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for permis.
tures with a setback of less than
100 feet from bluff/bank along
the Long Island Sound. Location
of Property: Right-of. way off the
north side of Main Road, Orient,
NY; County Tax Map Parcel ID
No. 1000-14-2-1.1.
7:40 p.m. File No. 3625 -
PUDGE CORP. Special Excep-
tion to the Zoning Ordinance,
Article VIII, Section 100-80lB)
story "mini-storage" buildings
in this "C-Light" Industrial Zon-
ing District. Location of Prop-
erty: East Side of Horton's Lane,
Southold, NY; County Tax Map
Section 100-62(E) and Article
VII, Section 100-71, for approval
of an insufficient sldeyard set-
back to an existing structure
and proposed new structure re-
suiting from an alteration in the
location of lot line of abutting
parcel to the east. Zone District:
"B-1 General Business." Loca-
tion of Property: Corner of north
side of Main ROad and east side
of Boisseau Avenue, Southold,
NY (Thomp~on's Emporium);
County Tax Map Parcel ID No.
1000-63-03-08.
8:05 p.m. File No. 3586 -
ROBERT AND HELEN
DIER. Special Exception to the
Zoning Ordinance, Article Ill,
Section 100-30(B)[16} for per-
mission to establish "Bed and
Breakfast Use," an owner-oc-
cupied building, other than a
hotel, where lodging and break-
fast is provided for not more
than six casual, transient room-
ers, and renting of not more than
three rooms, in conjunction with
present single.family use and
accessory apartment use estab-
lished under Appl. No. 3597
Parcel ID No. 1000-63-01-10
7 ' ' --~ March5 1987. LocatmnofProp-
~--~ :45 p.m. Fda No. 3626 - ~ ~*v. ~ ~r~v l~n~ ~,uthold
NORTu ~,~ ,~...... ---~ ........ ~ ......
i'~ *' ~n ~n~s NY; Co~ty Tax Map Panel No
LEARNING CE~ER. S~cial 1~0 ~ 7 20
Exception te the ~.ing erda- ] 8'i~;~ ~ileNo 3{39-AR-
c,ncc, Article IlL ~ction 100- ] N~D ~D ~R~N B~IR.
~0(B)[3] for ~rmi~ion to es~b- ~Varian~ ~ ~e ~ning O~i-
?h private tau~ery) ~h~l [O~/nance, A~iclz III, ~tion 100-
day-care cen~r], as a nonp~fit q31, Bulk ~h~ule, for app~val
organization, at premises refer- ~of insufficient a~a and width of
r~ t~as the,,"Ve~rans Commu- ltwo pro~ panels in th s
~]ty uen~r, no~h side of ~ke ~nding division of land
Strut, east si~ of Wickham Ay. ~t Cedar ~ne (and Pine Place),
enue, and ~ sida of Hill ~ast Marion NY "Map of
untff~' ion 2, Ga~iners Bay Es~s
Strut, Mattituck, NY; Co YMap No. 275, ~ 156, 157, 158,
Tax Map Pa~I ID Nol 10~ ' 159, 1~, 167 ~ru 172, inc]u-
140-2-39. · '
7:50"p.ml File;No, 3632-
NORTH FORK EARLY
LEARNING CENTER. Vari-
ance to the Zoning Ordinance,
Article III, Sec~on 100-30(Bll3]
subsections t'a) ~nd td), for per-
mission to establish nonprofit
private tnursery) school [or day-
care center] within existing
building which is set back les~
than 60 feet from Pike Street,
and upon premises having less
than five or more acres, referred
to as the "Veterans Community
Center," north side of Pike
Street, east side of Wickham Ay-
enue, and south side of Hill
Street, Mattituck, NY; County
Tax Map Parcel ID No. 1000-
140-2.39.
7:55 p.m. File No. 3630 -
JOHN RRAMER AND
WAYNE DePETRIS. Variance
to the Zoning Ordinance, Article
1II, Section 100-60(Cl12} for per.
mission to r~place existing
around sign, the lower edge of
which shall be less than four feet
above the ground. Location of,
Property: 54985 Main Road,
Southold, NY; County Tax Map
save, 151, 153; County Tax Map
Parcel No. 1000-037.7-10.2.
8:20 p.m. File No. 3543 -
PETER AND BARBARA
MERZ. Variances to the Zoning
O~r. dj._n_a.~ce,. Article XI, Section
100-119.2 for permission to lo-
cate new single-family dwelling
with iniufficient setbacks from
existing bulkhead and from
highwater areas along Midway
Inlet and Hog Neck Bay, pram-
iceg referred to as 70 Cedar
Point Drive, Southold, NY;
Cedar Reach Park Map, part of
Lots 152 and 110; County Tax
Map Parcel No. 1000-90-02-13.1.
The Board of Appeals wlll
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
'above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the spbject hearing. For
more informatio6,-please call
765-1809.
Dated: May 11, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
Parcel ID No. 100:{9~: t-5.... BOARD OF APPEALS
rATE OFNEW YORK )
! SS:
_DUNTY OF SUFFOLK )
LLC[~L~L_.~iJ~lu[~a .... of Greenport, in
lid County, being duly sworn, says that he/she is
'incipal Clark of THE SUFFOLK TIMES, a Weekly
awspaper, published at Greenport, in the Town
: Southold, County of Suffolk and State of New
)rk, and that the Notice of which the annexed is
printed copy, has been regularly published in
lid Newspaper once each week for 1
· 14th
eeks successively, commencing on the ...........
my of May 19 8.?_
Principal Clerk
~orn to b~rs mo this
~ l~m
NOTICE OF HEARINOS JOHN KRAMER AND
~ Varl.ance
NOTICE IS HEREBY GIV- ' to the Z~g Ordlannce, Arti-
EN, pursuant to Section 267 of cie ill, S4~ron 100.60 (C) [2] for (zc,. FC~ LK
the Town Law and the Code of permission to replace 'existing/° v ..
the Town of Southold, the ground sign, the lower edge of fORK
following public heatings will be
held by the S. QUTH,O~L,D.
TOWN BOARD OF APPEALS
at a Regular Meeting~at the
Southold Town Hall, Main
Road, Southold, NY, on
THURSDAY, MAY 21, 198._7a at
the following times:
7:33 p.m. File No. 3624-
~MIN. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for per-
mission to construct accessory
structures with a setback of less
than 100 feet from bhiff/banl~
along the Long Island Sound.
Location of Property: Right-of-
way off the north side of Main
Road, Orient, NY; COunty Tax ,
Map Parcel ID No.
I00-14-2- I.I.
7:40 p.m. File No. 3625- ~
PUDGE CORP. Special Excep,
t~-to t~ng Ordinance,:i
Article VIII, Section 100-80(B)
for permission to construct one-
story "mini-storage" buildings.,'
in this "C-Light" Industrial
Zoning District. Location of
Property: East side of Horton's
Lane, Southold, NY; C6unty
Tax Map Parcel ID No.
1000-63-01-10.
t//~.N. 7:45 p.m. File No. 3626:"~
ORTH FORK EARLY/
Exceptiou to the Zoning Or-
dinance, Article Ill, Section
100--30(B)]3l for permission to L]
establish private {nurseryl /
school [or day-care center], as a
nonprofit organization, at
premises referred to as thc
"Veterans CoMmunity Ccnte~'
north side of Pike Street, east
side of Wickham Avenue. and i
south side of Hill Street. M~t-
tituck, NY; County Tax ~M~p ~
Parcel ID No. I000-140-2-39.
~ 7:50 p.m. File No. )632-..~
NORTH FORK EARLY
LEARNING CENTER...
Variance to the Zoning Or-
dinance, Article II1, Section.
100-30CB) [31 subsections (a) and/
Cd), for permission to establish
non-profit private
(nursery)school [or day-care
center] within existing building
which is set back less than 50
feet from Pike Street, and upon
premises having less than five or
more acres, referred to as the
"Veterans Community Centee,'
north side of Pike Street, east
side of Wickham Avenue, and
south side of Hill Street, Mat-
tituck, NY; County Tax Map
Parcel ID No. 1000,140-2-39.
?:55 p.m..File No. 3630-
which shall be leas than four feet
above the ground. Location of
Property: 54985 Main Road,
Southold, NY; County Tax Map
Parcel ID No. 1000-62-1-5.
8:00 p.m. File No. 3629- IR-
WIN AND SONDRA
THOMPSON. Variance to the
Zoning Ordinance, Article VI,
Section 100-62(E) and Article
VIi, Section 100-71, for approval
SS:
being duly sworn, says that she is the
3NG ISLAND TRAVELER-WATCHMAN,
,' printed at Southold, in Suffolk County;
e of which the annexed is a printed copy,
,d in said Long Island Traveler-Watchman
./ ..... weeks
Notary Public
BARBARA FORBES
Notary Public, 8tare of New York
No. 480q846
Qualifie0 in Su£f, llk Country
Commission Expires % 3 ! 19 J~:
8:20. File No. 3543- E~..E_TER_'
AND BARB.~RA HERZ.
Variances t° th~'~oning Or-
dinance, Article Xl, Section
100-119.2 for permission to
locate new single-family dwell-
ing with insufficient setbacks
from existing bulkhead and
l¥om highwater areas along
Midway Inlet and Hog Neck
Bay~ premises referred to as 70
Cedar Point Drive, Southold,
NY; Cedar Beach Park Map,
part of Lots 152 and 110; Coun-
ty Tax Map Parcel No.
1000-90-02-13.1.
The Board of Appeals will
hear at said time and place all
persons or representatives desir- ~
lng to be.heard in each of the~
above matters. Each hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: May II, 1987
BY ORDER OF THE
casual, transient roomers, and
renting of not more than three
moms, in conjunction with pre-
sent single-family use and
acessory apartment use~\
established under Appl. No,
3597 March 5, 1987. Location of
Property: 355' Terry Lane,
Southold, NY; County Tax Map
Parcel No. 1000-65-7-20.
8:15 p.m. File No. 3439-
ARNOLD AND KAREN
BLAIIL Variances to the Zon-
ing Ordinance, Article II!, Sec-
tion 100-31, Bulk Schedule, for
approval of insufficient area and
width of two proposed parcels
in this pending division of land
located at Cedar Lane (and Pine
Place), East Marion, NY; "Map
of Section 2, Gardiners Bay
Esta~s" Map No. 275, Lots 156,
157, 158, 159, 160, 167 thru 172,
inclusive, 151, 153; County Tax
Mao Parcel No. IO00-Oa'~-'LtO.2.
of an insufficient sideyard set-
back to an existing structure and
proposed new structure resulting lencing on the .......... /.~. -- ........
from an alteration in the inca-
tion of lot line of abutting parcet
to the east. Zone District: "B-I ...... ,
General Business? Location of n '-- -- ~ (~'~\
Property: Corner of north stde/ ~
of Main Road and east side of ..... - ..... ;::=:''';:'"'~'~' .... ?~..-7~....
Boisseau Avenue, Southold, NY
(Thompson's Emporium);
County Tax Map Parcel ID No.
1000-63-03-08. - / /
8:05 p.m. File No. 3586- me this
clay of
ROBERT AND HELEN DIER.
Special Exception to the Zohing .........
Ordinance, Article I11, Section .....
100-30(B)[161 for pei~i~si'0h' [0 ~
establish "Red and Breakfasi
Use;' an owner-occupied.
building, other than a hotel,
where lodging and breakfast is /~c.~L~-~c_~... ~..~
provided for not more than six ................................
Southold Town Board of Appeals
~AIN Rr3AD- ~BTATE RDAD 25 BrlUTHI=ILD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel fr~e to call
our office, 765-1809.
Yours very tr~ulv_.. A ~
G'ERARD P. GOEHR~NGER ~
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
a Regular Meeting at the Southold Town Hall, Main Road, Southold,
New York, on THURSDAY, MAY 21~ 198~, at the following times:
7:35 p.m. File No. 3624 - ERNEST TARMIN. Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission
to construct accessory structures with a setback of less than
100 feet from bluff/bank along the Long Island Sound. Location
of Property: Right-of-way off the north side of Main Road,
Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1.
7:40 p.m. File No. 3625 - PUDGE CORP. Special Exception
to the Zoning Ordinance, Article VIII, Section lO0-80(B) for
permission to construct one-story "mini-storage" buildings in
this "C-Light" Industrial Zoning District. Location of
Property: East Side of Horton's Lane, Southold, NY; County
Tax Map Parcel ID No. 1000-63-01-10.
7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. "~
Special Exception to the Zoning Ordinance, Article III, Section
100-30(B)[3] for permission to establish private (nursery) school ~.
[or day-care center], as a nonprofit organization, at premises
referred to as the "Veterans Community Center," north side of
Pike Street, east side of Wickham Avenue, and south side of Hill
Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39.
7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER.
Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3]
subsections (a) and (d), for permission to establish nonprofit
private (nursery) school [or day-care center] within existing
building which is set back less than 50 feet from Pike Street,
and upon premises having less than five or more acres, referred
to as the "Veterans Community Center," north side of Pike Street,
east side of Wickham Avenue, and south side of Hill Street,
Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39.
7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS.
Variance to the Zoning Ordinance, Article III, Section 100-60(C)[2]
for permission to replace existing ground sign, the lower edge of
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting May 21, 1987
which shall be less than four feet above the ground. Location
of Property: 54985 Main Road, Southold, NY; County Tax Map
Parcel tD No. 1000-62-1-5.
8:00 p.m. File No. 3629 - IRWIN AND SONDRA THOMPSON.
Variance to the Zoning Ordinance, Article VI, Section 100-62(E)
and Article VII, Section 100-71, for approval of an insufficient
sideyard setback to an existing structure and proposed new
structure resulting from an alteration in the location of lot
line of abutting parcel to the east. Zone District: "B-1 General
Business." Location of Property: Corner of north side of Main
Road and east side of Boisseau Avenue, Southold, NY (Thompson's
Emporium); County Tax Map Parcel ID No. 1000-63-03-08.
8:05 p.m. File No. 3586 ROBERT AND HELEN DIER. Special
Exception to the Zoning Ordinance, Article III, Section 100-
30(B)[16] for permission to establish "Bed and Breakfast Use,"
an owner-occupied building, other than a hotel, where lodging
and breakfast is provided for not more than six casual, transient
roomers, and renting of not more than three rooms, in conjunction
with present single-family use and accessory apartment use
established under Appl. No. 3597 March 5, 1987. Location of
Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel
No. 1000-65-7-20.
8:15 p.m. File No. 3439 ARNOLD AND KAREN BLAIR. Variances
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of insufficient area and width of two
proposed parcels in this pending division of land located at
Cedar Lane (and Pine Place), East Marion, NY; "Map of Section
Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159,
160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel
No. 1000-037-7-10.2.
8:20 p.m. File No. 3543 PETER AND BARBARA HERZ. Variances
to the Zoning Ordinance, Article XI, Section 100-119.2 for permis-
sion to locate new single-family dwelling with insufficient
setbacks from existing bulkhead and from highwater areas along
Midway Inlet and Hog Neck Bay, premises
Point Drive, Southold, NY; Cedar Beach
152 and llO; County Tax Map Parcel No.
referred to as 70 Cedar
Park Map, part of Lots
1000-90-02-13.1.
8:3~p.m. File No. 3~BENJA~MI~ HERZWEI~G an__d_ ~LLIA~M
MOORE. Var~k~ce to th~ing Ordinance, Article XI, Section
100-119.2 for~on to locate new single-family dwelling
with an i ns_u~ setback from nearest wetland grasses/areas.
Location o_~/~._ ro~erty~x~.East Side (#375) Meadow Lane, Mattituck,
NY; ~l>~of Mattituck Es~,~.es #4453, Lot 42; County Tax Map
Pa/r~c~el No. 1000-115-0~07.~,~
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - May 21, 1987
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of the
above matters. Each hearing will not start before the time
allotted. Written comments may be submitted prior to the con-
clusion of the subject hearing. For more information, please
call 765-1809.
Dated: May ll, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Copies to the following on or about 5/11/87:
Suffolk Times (personal delivery)
L.I. Traveler-Watchman (personal delivery)
Town C~erk Bulletin Board
Z.B.A. Office Bulletin Board
Mr. Ernest Tarmin, Box 2043, Main Road, Orient, NY 11957
Mr. James L. Gray, Sr., President, Pudge Corp., 1040 Horton
Mr. and Mrs. Glen Moller, North Fork Early Learning Center,
Box 1053, Mattituck, NY 11952
La, Sld, NY ll9
Mr. John J. Kramer P.O. Box 1406, Southold, NY 11971
Mr. Wayne DePetris
1,,¢f~ .... A M~c Jos~-h J Sncllcnbur§, r,,vot~ ~uou, ~uukhuld, NY 1i97i
~~aT ~A --~-'" · for Mrs. Donald Dean)
, ,' ,
Mr. Garrett A. Strang, R.A. (Agent for Thompson's Emporium), Box 1412,
Main Road, Southold, NY 11971
Mr. and Mrs. Robert Dier, 355 Terry Lane, Southold, NY 11971
John M. Wagner, Esq., Box 279, 108 E. Main St., Riverhead, NY ll901
J. Kevin McLaughlin, Esq., 828 Front St., Box 803, Greenport, NY 11944
Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (Attorney for Blair)
Patricia C. Moore, Esq. (Rudolph H. Bruer, Esq.), Attorney for
Mr. and Mrs. Peter Herz, Main Road, Southold, NY 11971
J. Kevin McLaughlin, Esq. (Attorney for Mr. Blair)
Box 803, 828 Front Street, Greenport, NY 11944
Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935
William D. Moore, Esq., Clause Commons, Suite 3~ Box 23, Mattituck 11952
(Herzweig & Moore Application)
Individual ZBA files
ZBA Members with copies of files
Building Department (Vic Lessard)
WlCKHAiVl, WlCkham & BRESSLER, p.e.
MAIN ROAD, P.O. BOX I424
i~ATTITUCF~ LONG ISLAND
NEW YORA II952
April 8, 1987
Zoning Board of Appeals
Town of Southold
Town Hall
Main Road
Southold, New York 11971
Attention: Ms. Linda Kowalski, Secretary to the ZBA
Re: Special Exception for North Fork Early
Learning Center
Dear Ms. Kowalski:
Enclosed herewith please find:
1. Application for Special Exception under Section
100-30-(B) (3);
2. Seven copies of the site plan, which in this
case, is the tax map showing the premises and the plans
for the original building;
3. Wetland Letter;
4. Short Environment Assessment Form;
5. Check to the order of Southold Town Clerk for
$150.00 to cover filing fee;
6. Copy of deed into Veterans Community Center,
Inc.
We have sent out the notices to adjacent property owners
and will submit the notices and affidavit when the return
receipts are received.
DCR:AL
Enclosures
V~ trul~ yours,
~aniel C. Ross
APR 1, 0 1987
~, WN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
Application No.
Date Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
GLENN & ANGELA MOLLER, d/b/a
I (We), ~n~m~ wn~ ~T.V T~ou~ ~ Of NO Number, Glider Avenue,
........................... '(Residence, House No. and Street)
Riverhead. New York 119~1 '(516) 369 8132
(Hamlet, State, Zip Code, Tel6phone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE , SECTION iO0-30-(BI~)SUBSECTION
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
SEE ATTACHED
TO OPERATE A NURSERY SCHOOL ON THE PREMISES.
A. Statement of Ownership and Interest.
VETERANS COMMUNITY CENTER, INC. is(~x) the owner~ of
~roperty known a~'d referred to as VETERANS COMMUNITY CENTER. INC. on
(House No., Street, Hamlet)
Northeast corner of Pike Street and Wickham Avenue. Mattitunk
identified on the Suffolk County Tax Maps as 'District ]000, Section 140.~]0ck 02D0,
Lot(s) 039.000 , which is not (~ on a subdivision Map (Filed --,
"Map of "Filed Map No. ,
and has been approved by the Southol~ Town Planning Board on
as a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner on May 19, 1949
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
The property was designed for, and has been used as, a meeting place
for groups of people.
Residential
C. The property which is the subject of this application is zonedA-Agricultural/ and
[ ] is consistent with the use(s) described in the Certificate of Occupancy being
furnished herewith.
[ ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
N° Certificate °f Occupance °n th:°pert~c
[ ] is vacant land.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss.:
S re me this~d~d~ ay of April ($~gnatdre) Daniel C. Ross of Wickham,
WO~ /.~----~~-~ , 1987. Wickham & Bressler, P.C.
Attorneys for Glenn Moller and
~ ! Angela Moller, the tenants of
(~otary Public) ARLEN£B. LOMBARDI the premises, d/b/a/ NORTH FORK
NOTARY ~UBLIC, State ot New YorkEARLY LEARNING CENTER.
ZB2 (rev. 2/6/86 ) No. 7587450, Suffol~ County
Term Expires Sept. 30, 1988
BQARD OF APPEALS, TOWN OF SOUTHOLD
GLENN ~at~Sr ~GPI~ i.~°~IS~LER d/b/a :.
NORTH FORK EARLY T.RA~T~ C~m~
to the Bo~d of Appeals of the Town of Southold :
Frank D. Tyler, Box 1~-11~ 1435 Pike
Kramer, 1385 Pike Street, Mattituck,
NOTICE
TO
ADJACENT
PROPERTY OWNER
Street, M~a~ituck,NY 11952
New York I1952
TO:
Mr. a~Js.
Ms. Viola H.
Mr. and Mrs. Joseph W. Petrauskas, P.O. Box 530, Mattituck, NY 11952
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of th~ undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (5[~ecial Exception) (Special Permit) (Other) [circle cho£ce]
TO operate a nursery school on the property. ).
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribedasfollows:Tax Map No.: 1000 140.00 02.00 039.000 Prnp~r~y
on the northeast corner of Pike Street and Wickham Avenue.
3. That the property which is the subject of ~ucb. Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: Special Exception
under 100-30 (B) (3) of sou~hn]~ T~wn ~.~n~ng Cg~e_
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article Sectic~ 100-30 (B) (3)
[ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-way.
6. Tha~ within five days from the dare hereof, a written Petition requesting thc relief specified above will
be filed in the Southoid Town Clerk's Office at Main Road. 5outhold, New York and you ma)' then and there
examine the same during regular office hours. (516) 76'5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
risht to appear and be heard at such hearing.
Petitioner GLENN MOLLER and ANGELA MOLLE:
0whets ' Names :VETERANS COMMUNITY CENTER,
Post Office Address
Daniel C. Ross, Esq.
Wickhamr Wickham & Bressler.
P.O. Box 1424, Main Road
Mattituck, New York 11952
NAME
ATTACKS
CERTIFIED MAIL
ADDRESS
Mr. and Mrs. Frank D. Tyler
Box 1211, 1435 Pike Street
Mattituck, New York 11952
Ms. Viola H. Kramer
1385 Pike Street
Mattituck, New York 11952
Mr. and Mrs.
P 281 ~28
Joseph W_ D~ ......
p
RECEIPT FOR CERTIFIED MAIL
Yc
~ 281 ~.~29
M&M Frank D. Tyler
pike.. Street rk 1~952ii!
Ma~.itu~k, New Yc .
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
Arlene B. Lombardi , r~idingat Cutchoaue. New York
, being duly sworn, deposes and says that on the 8th day
of April ,19 87 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck~ New York ; that said Notices were mailed to each of said persons by
-- /
Sworn to before me this
day of
April , !9 87,
(This side does not have to be completed on form transmitted to adjoining
property owners.)
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your
survey (or certified sketch), to scale, or other evidence.
1. Are there any wetland grasses on this parcel? Yes ~
(Attached is a list of the wetland grasses
defined by Town Code, Ch. 97 for your reference)
2. Are there any proposals to change or alter land
contours (except as exists)? Yes
V
3. Are there any existing structures, including
fencing,
concrete barriers, decks, etc? Yes
4. Are there any patios or other types of
construction at or :below grade level? Yes
5. If project is proposed for an accessory
building or structure, is total height at
more than 18 feet above ground level? Yes
State total height if above 18 feet:
6. If project is for principal building or
structure, is total height more than 35
feet above ground level? Yes N~
State total height if above 35 feet:
Are there other premises under your ownership
abutting this parcel?
8. Are there any building permits pending
this parcel (or abutting land, if any,
your ownership)?
on
under
Yes (~
9.a)Are there any other applications pending
concerning this property before any other
department or agency (including State, Town, ~
County, etc.)? Yes
b) If there is an application pending a town
or other governmental agency, is the
application for a different project on ~
this parcel? Yes
State Action requested by Other Agency:
10. Please list use or operations conducted upon the subject property
at this time i~IUI~SEi~¥ S¢~IOOT..
proposed
I ce~ that~qe aboveylstatements are true and are being submitted
f6r ~/eli&lnce-bt(i~h(~-~oa~'~) of Appeals in considerin, g my_apJ~li.cation.
Sigd~at~b~rJe~'~Property Own'er) (Authorized A~ek~t) 0_~ ~J
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or hinds
lying beneath tidal waters, which at mean Iow tide
arc covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, toll cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wethmd.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmentol Conservation Law of the State
of New York; and
(2)
All }and immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z. 2.~- s5
SHORT ENVIRONMeNT.AL .ASSESSSIENT FORM
.INSTRUCTIO?~ S:
(a) In order to answer the questions in this short gAF is is assumed that the
preparer will use currently available information concerning the project and the
likely impacts of the action. It is not expected that additional studies, research
or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be aignifican= and a
completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
,not significant,
(d) ~--nvironmental Asse ss.men%
1, Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? , . , , . , · , , · ... Yes ~ No
2, Will there be a major change to any unipue or
unusual land form found on the site? , · · Yes ~ No
3. Will project alter or have a large effect on
an existing body of water? , , , , , , · · --. Yes ~ No
&. Will project have a potentially large impac~ on
groundwater
qual.~y. · , · · · · · · · · Yes No
5,Will project significantly, effect drainage flow
on adjacent sites? ·
6, Will project affect any threatened or endangered
plant er anLma! species? , . · , , ° , ° · .... Yes ~ No
7, Will project result in a major adverse effect on
8. Will project have a major effect on visual char-
acter of the com. munity or scenic views or vistas
known to be important to the com~nunity? ' * * I Yes ~ No
9. Will project adversely impact any site or struct.-
ute of historic, prs-historio~ or paleontological
importance or any site designated as a critical
environmental area by a local agency? * . · .. Yes ~__ No
lC. Will project have a major effect on existLug or
future recreational opportunities2 · · · Yea ~'~ Ne
ll. Will project result in major traffic problems or
cause a major effec~ to existing ~ransportation
12. Will projec~ regularly cause objectionable odors,
noise, glare~ vibration, or electrical disturb-
ance as a result of the project's operation? . __ Yes k No
13. Will project have any impact on public health or
l&. Will project gffect the existin~ communit7 by
directly causing a growth ~n oerma~;ent Fopula-
period or have a major negative effect on the
character of the community or neighborhood?. .. Yes ~ No
Southo!d Town Board of Appeals
}lain Road
Sou=hold, NY 11971
Re: Appeal Application of GLENN MOLLER & ANGELA MOLLER
Location of Property: The Le$i~n-"B~llding,
.~a~tituck, New York
In reference to the New York State Tidal Wetlands Land-us
Regufa=ions, 6 NYCRR, Part 661, and Ar=icle 25 of the Ne;.; York
Environmental Conservation Law, please be advised the= t:
subjec= property iQ the " ' · ·
wl~hln appeal amDl-,'~ ,~.~.
(pl,.a.. check ~e box)
] May be located )~ithin 300 feet of tidal wetlands
however, constructed along thc water-lying cdc.9
of this property is a bulkhead in very gcod '
condition and at least 100 feet in ~length.,
] May b~ 'located wl.%hln 300 feet of tidal wetlands.
however, cons~ructcd along the %~a~e~r-lying edge
of thi~ property is a bulkhead ~n need of (minor)
(major) repairs, dnd aspr~:{imate!v feet in
length. ' ' -
[ !
[ ],
-fx
May be located "- ' .
w~h~n 300 feet of tidal wetlands;
however, constructed along the %~ater-lying edge
of this proper~y is a bulkhead less than 100 feet
in length.
May be loc"'ted :-~ithin 300 feet of t~da! wetlands;
and there is no bulkhead or '~ ~-~,,.
on the premises.
Is not located within 300 feet of tidal Wetlands
to the best of ~!y knowled{3e.,
[Starred items (~) indicate your ~"onert.
not appear to fail within the j ~'..
u-l-¢.lc.lon o,2 thc N.y.s' D.E.C.
Daniel C. Ross ~ ~ .(
Wickham, Wickh~m & Bressler, P.C.~,~{/~/i.,.\ /I ~ I/~
Main Road, Mattituck, NY 11952 --~2 ~ ' . ,' .~ -
,~rn~v. for G19n~ Moller and Ange%a Moller
~.uIL: ~: proposes pro]act ~alls. w~u~.~in D.E.C. jurisdiction,
approval must be received an{~ su[~mlttdd to our office befoce
your asplicntion can be scheduled loc a public
AC-I. -.Iq.
Forty-nine.
residing at Mattituck, Suffolk County, New York,
JVin~teen Hu~ndred and
his wife,
VETERANS'C0~UNITYCENTER,
rich, organized and existing under the 2aws
P~ ies o/ tl~ fl~t pa~, mhd
INC., a membership corpora-
of the Stete of New York,
with office and principal place of business at ~ttituck,
County, New York,
Suffolk
of th~ second p~rt,
Three Thousand an% 00/100 ......................................
(~5,000.00 ) lawful money o/the United
~ by ~ ~rty of ~ ~ ~,
~ ~by ~mnt ~nd rede ~nM t~ ~r~ of t~ seco~ ~, its
successors and ~sig~ forzver, all t~t tract or parcel of land
situated at ~tti~ck, To~ of Southold, Suffolk County, New York,
bounded and described as follows:
BEG~;G at a ~int foxed by the intersection of the Easterly
line of Wic~ Avenue and the Northerly line of Pike Street, ruling
thence Northerly alo~ the Easterly line of Wic~ Avenue, 188 feet,
more or less, to e point formed by the intersection of said Easterly
line of Wic~am Avenue and the Southerly line of Hill Street; ~ing
thence Easterly along the Southerly line of Hill Street, 52~ feet, mo~
or less, to land of Abbie Con.in; ruling thence Southerly along said
kand of Abbie Con. in, 218 feet, mo~ or less, to land of ~oseph Ad~s;
~u~ing thence along said land of ~oseph A~s first In a Westerly
2i~ction, 1~0 feet, and thence in a Southerly direction 1~ feet to
~he Northerly line of Pike Street; ~ning thence in a Westerly directio:
zlong the Northerly line of Pike Street, 1~1 feet, more or less, to
~oint or place of beginning.
TOGETy~R wi~h all the right, title ~nd interest of the parties of
~he first par~, of, in ~nd to those portions of Pike Street and Hill
~treet adJacen~ ~o ~he praises to the center t~n~thereof.
t ,2953 94
part le~ of'the/$rst part in and to said premises,
of the s~ond part, its successors and assiIln~ forever.
said parties of the first part
That said parties of the first part
cove~"t~nt
as follows:
seized of said premiaes in fee simple, and have good right to ~onve!t the same;
~. That the p~rty of the second p~rt shall q~istl~ enjoy the said
prerr~ses ;
~gll~h. That the part les of the first p~rt will e~ect~te or proe~re any
f~r~her necesso;ry assurance of the title to said premises;
will forever the title to said premises.
~A'~b. That the ~rantor will receive the consideration for this conveyance
and wilt hold the right to receive suck consideration as a tr~st fund to be applied
first for the pterpose of paying the cost of the improvement and will apply the
same first to the payment of the cost of the improvement before using any part
of the total. Of the same for any other purpose.
'~ll~l*l'~*Og. the Pm~ies o/,~ ~rst ~ ~ve
~re~n~ set their ~nd ~nd 8~l t~ ~y ~ ~r first ~ve
Cedric H..~ickham ~
Claretta S. Wickham ~
On this 19th
Forty-nine
da~/ of~y ~¥ineteen Hundred and
before me, th? subscriber,personally appeared
CEDRIC H. WICKHAM and CLARETTA S. WICKHAM
to me personally known and known to me to be the same persons described
in and who executed th~ within Instr~ment, and t hey severally
acknowledged to me that they executed the same
C,~m~k~ ~,ptr~ ~ 30, 1950
RECORDED
3:~-(~. ~
R. FORD HUGHES
~K OF SUFFOLK ~UN~
-Z
Legend
Rea(~)t__ COUNTY OF SUFFOLK I~wm $OUTHOLO
Co~,~ly Center ]~X$?aACT #0. fO00
~,L . m Property Tax Service AgencyJ~t.~d~,
,:.,,k,od. ~ ,....w yo,~
i~ ~ c..,.,.
KEY MAP
S. 74 ~ 22'00" W,
0
o
$30. 00'
NIO/F VIOL/),
H. KRI~MER
SURVEYORS
S't6) ?65 '
R O. BOX 909'
MAIN ROAD
SOUTHOLO~ N.Y, 11971
N.Y.S. LIC, N0.49668
ENGINE!ERS , P.C,
SI DE WALK
162,58"
PIKE
STREET
AREA-'' 1.41 ACRES
SURVEY AND SITE PLAN
OF PROPERTY
AT
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
lO00 140 02 ~9
SCALE I "= 20' '
MAY 12 ,1987
the L,I. A. L.S. and approved and adopfbd
for such uae by The New York State Lamd
OLDG ZONE A
POST OFFICE DIST.
FIRE DIST.
SCHOOL DIST
APPLICANT ;
NORTH FORK EARLY LEAIRNING CENTER
87- 411
-- MATTITUCK
-- MATTITU CK
-- MATTITUCK