HomeMy WebLinkAbout4235
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 4235 (REHEARING).
Matter of the Application of KIM FALLON and CYNTHIA
SUTRYK. Re-Hearing pursuant to Resolution of Beard of Appeals
adopted June 13, 1994 to re-consider and re-hear appellants' variance
appHeation under Article III, Section 100-33, based upon the April 4,
1994 Notice of Disapproval from the Building Inspector, to locate
accessory building[uae in the front yard area. Location of Property:
3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel
1000-94-2-5.
WHEREAS, an application was made for a rohearino~ of Appeal
No., 4235 by Cynthia Sutryk, and a resolution was uoanimously adopted
at a publie meeting held on June 13, 1994, granting the applicant's
roquesting for a rehearing for the reasons stated theroin; and
WHEREAS, after due notice, a public hearing and rohearing was
held on July 14, 1994, at which time all those who desired to
be heard wers heard and their testimony recorded; and
WHEREAS, the Boami has carefully considered all testimony and
documentation submitted ceneerninE this application; and
WHEREAS, Board Members have personally viewed and
familiar with the promi.~es in question, its present zoning, and the
surroundin~ areas; and
WHEREAS, the Board made the following finrlino~s of fact:
1. The applicants under Appeal No. 4235 have z~quested a
rehearin~ concerning their oz'iginal application pertalnin~ to a VaI'iance
from Article III, Section 100-31, and Article XXIII, Section 100-231,
which roquir~s that an accessory building be located in a requirod ~ear
yard due to misunderstandings between the applicants, the ChAirman and
Board Members at the prior heavings pertaining to a ~estriction or
non-~estriction on the number of animals to be housed and permitted
under the zoning ordinance and/or the variance determination. The
application for a buildln~ permit upon which thi~ appeal is based shows
that the accessory (ba~n) builclin~ is proposed to be situated in the
northerly (front) yard area.
Page 2 - Appeal No. 4235
Matter of KlM FALLON and CYNTHIA SUTRYK
Decision Rendered July ~41994
2. For the record, a determination was rendered on June 8,
1994 by this Boa~l granting a conditional varitnee for the location of
an accessory barn buildlng and horse cerral area, for the housing of
two horses. This is a rehearing and new determination under that
application.
3. The premises in question is located in the Agricultural-
Conservation Zone District and eontain.~ a total area of five and 5.32
acres. This parcel is improved with two foundations, one for a new
single-fRmily pursuant to Building Permit No. 21929Z issued 314/94, and
the other for the subject accessory barn (for which no permits have
been issued) located north/northwest of the dwelling foundation under
construction. A survey dated and received May 3, 1994 shows the
dwellin~ under construction a distance of 176+- from the easterly front
property line (from the inner edge of a private right-of-way) and 122+-
feet from the southerly property line. Using the surveyor's scale, the
dwelling foundation is 310+- feet from the closest northerly line and
170+- feet from the westerly property line, at its closest points.
4. For parcels of this nature with a private right-of-way
extending the entire depth (483.46 feet) of the property as well as
frontage along a town road (Sound View Avenue of 119.13 feet), the
property is considered a corner lot with two front yards. Section
100-232 provides that the rear yard may be defined as Cone yard other
thtn~ the front yard to be a rear yard, and the other or other side
yards .... " It is the position of the Beard that the layout of the land
as a corner lot lends to the difficulties in locating a permitted a
accessory barn stlnlcture with coin, al a~ea while at the same time meeting
the yardi and setback regulations and appropriate di.~tances for housin~
of the horse(s).
5. For record purposes, it is noted that thi~ budding is
proposed for accessory use incidental to and used by the residents and
occupants of thi.~ dwelling, and my not be used for profitable or
g~inful purposes. By the grant of thlg variance, thig budding, as
located in the front yard, may not be enlarged, re-located, or othex~gise
altered except by additional application and formal review of the
Board of Appsal~ and subject to further eempli~nee with the codes in
effect at that future time.
6. The use of the accessory barn is proposed for horses, which
pursuant to Section 100-31(C-8) is a permitted accessory use, provided
that such animals shrill not be housed within forty (40) feet of any lot
line. The proposed buildino~ and corral aroa structure are shown to
also be in confornmnce with the nmxdmum height requirements pertinent
to accessory structures at eighteen (18) feet. <See code definition
"height").
Page 3 - Appeal No. 4235
Matter of KIM FALLON and CYNTHIA SUTRYK
Decision Rendered July 14 1994
7. The hearing record is lengthy and confirms opposition from
owners of the adjacent (adjoining) parcels on the north and south sides
of the applicants' property, and other concerns - some related to this
project and some unrelated. ~ull consideration hR.~ been made of the
entire hearing record by Beard Members, and additional restrictions
relating to the use and location of this barn and horse corral area have
been made a condition of this variance. The neighboring residences to
the north are approximately 120 feet from the proposed horse corral area
and more than 260 feet between the accessory barn and other residences
(north). The rear yards of the northerly neighboring parcels
immediately abut the applicants' northerly front yards. The corral area
and barn are for housing and keeping of the owners' two horses and a
pony.
8. It is the position of the Beard in considering this
application that:
(a) the circumstances aro uniquely related to the
preperty particularly since the code defines two yard az~as to be
front yards;
(b) the relief is not substantial in relation to the
requirements and will be distant from neighboring buildlnows and
neighboring properties; the setbacks at its closest point is to the
westerly property line at 54+- feet;
(c) the variance ~equested does not involve an increase of
dwelling unit or use density, and the use of the premises sh~LI romain
residential;
(d) the relief rsquested will not cause a substantial
effect on avsil~ble governmental faailities since the structure is a
permitted use unde]~ Section 100-31C, and will be used only incidentally
to the residents and occupants of the dwelling;
(e) thero is an alternative available for the applicant to
pursue by locating the accessory ba~n and corral az~a in the limited
rear yard - which is that area closest to the southerly dwelling (Dr. R.
Hariri) without a variance;
(f) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the town, or
be adverse to the neighboring properties since additional requirements
have been imposed for compliance and extra efforts by the prspel~ty
OWl]er.
Page 4 - Appeal No. 4235
Matter of KlM F,~I.I~)N and CYNTHIA SUTRYK
Decision Rendered July. 14 1994
NOW, THEREFORE, on motion by Member Dinizio, seconded by
Member Wilton, it was
RESOLVED, to RESCIND the previous Resolution of this Board
adopted June 8, 1994 under Appeal No. 4235; and BE IT FURTHER
RESOLVED, to GRANT i'a variance as requested under Appeal
No. 4235 to locate a 24 ft. by 22 ft. accessory building in the
northwesterly front yard area not closer than 54 feet from the westerly
property line and 120 feet frem the rear yard property of Parcel No.
1000-94-2-3 (now or formerly Kavisris as per survey), and SUBJECT TO
THE FOLLOWING CONDITIONS:
1. The use of the barn and corral area shall be limited to an
accessory use personal to the landowners and not for profitable or
commercial use;
2. The the accessory barn is limited to stalls for only two
horses and a pony (or three horses, or ttrvee ponies); more than three
will require a further hearing for reconsideration, after a new,
subsequent appHcation.
3. Any and all manure shall be stored and disposed of in a
proper nmnner so as not to cause odor, fly infestation or other
adversity to neighboring landowners.
4. There shall be no horse training services or riding
in-~tructions by the landowners (such as a ridino~ academy-type use)
to non-residents at the property;
5. The 100 ft. by 90 ft. horse corral (fenced area) shall be no
closer than 120 feet to the northerly property line at its closest
point, no closer than 200 feet to the easterly property line,
no closer than 40 feet to the westerly property line, and shall not
be located south of the dwellin~ foundation area.
6. The accessory playhouse building now situated in the front
yard and presently under construction shall be located to a proper
position in the required rear yard prior to the issuance of any buildin~
Page 5 - Appeal No. 4235
Matter of KIM FALLON and CYNTHIA SUTRYK
Decision Rendered July 14 1994
permit.
Vote of the Board:
Villa and Wilton.
Ayes: Messrs. Goehringer, Dinizio, Doyen,
This resolution was duly adopted.
RECEIVED AND FILED BY
THE SOUTt{OLD TOWN Cl.k~K
DATE HOUR
Town _Clerk_, Tow~nn o~ Southol_d
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 4235.
(Also - See Beard's Determination after a Rehearing, which Determina-
tion was filed subsequently. )
Matter of the AppHeation of KIM FALLON and CYNTHIA
SUTRYK. This is a ~equest for a Variance under Article III, Section
100-33, based upon the April 4, 1994 Notice of Disapproval for a permit
to construct accessory building in the front yard area. Location of
Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map
Parcel 1000-94-2'5.
WHEREAS, after due notice, public hearings were held on
May 4, 1994 and June 8, 1994, at which time all those who desired to
be heard were heard and their testimony recorded; and
WHEREAS, the Beard hag carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, Beard Members have pereonslly viewed and are
f~mili~r with the premises in question, its present zoning, and the
surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This appileation is a request for a Variance from Article
III, Section 100-31: .a~..d. Article XXIII, Section 100-231 which requires
that an aeeessory ouuamg be located in a required rear yard. The
application for a building permit upon which this appeal is based shows
that the accessory (barn) building is proposed to be situated in the
northerly (front) yard area.
2. The promises in question is loeated in the Agricultural-
Conservation Zone District and contains a total area of five and 5.32
ac~es. Thi.~ parcel is impreved with two foundations, one for a new
single-family pursuant to Building Permit No. 21929Z issued 314[94, and
the other for the subject accessory barn (for which no permits have
been issued) located north/northwest of the dwelling foundation under
construction. A survey dated and received May 3, 1994 shows the
dwelling under construction a distance of 176+- from the easterly front
property line (frem the inner edge of a private right-of-way) and 122+-
feet from the southerly property line. Using the surveyor's scale, the
Page 2 - Appeal No. 4235
Matter of KIM FALLON and CYNTHIA SUTRYK
Decision Rendered June 8, 1994
dwelling foundation is 310+- feet from the closest northerly llne and
170+- feet from the westerly property line, at its closest points.
3. For parcels of this nature with a private right-of-way
extending the entire depth (483.46 feet) of the property as well as
frontage along a town road (Sound View Avenue of 119.13 feet), the
property is considered a corner lot with two front yards. Section
100-232 provides that the rear yard may be defined as "one yard other
than the front yard to be a rear yard, and the other or other side
yards .... ~ It is the position of the Beard that the layout of the land
as a corner lot that lends to the difficulties in locating a permitted a
accessory barn structure with corral area while at the same time meeting
the yard and setback regulations and appropriate distances for housing
of the horse(s).
4. For record purposes, it is noted that this building is proposed
for accessory use incidental to and used by the residents and occupants
of this dwelling, and may not be used for profitable or gainful
purposes. By the grant of this variance, this building, as located in
the front yard, may not be enlarged, re-located, or otherwise altered -
except by additional application and formal review of the Board of
Appeals and subject to further compliance with the codes in effect at
that future time.
5. The use of the accessory barn is proposed for horses, which
pursuant to Section 100-31(C-8) is a permitted accessory use, provided
that such snlnmla sh~ll not be housed within forty (40)feet of any lot
line. The proposed building and corral a~ea structure are shown to
also be in conformance with the maximum height requirements pertinent
to accessory structures at eighteen (18) feet. <See cede definition'
"height~>.
6. The hearing record is lengthy and confirms opposition from
owners of the adjacent (adjoining) parcels on the north and south sides
of the applicants' property, and other cencerus - some rolated to this
project and some unrelated. Full consideration has been made of the
entire hearing rocerd by Beard Members, and additional rostrictiona
roiating to the use and location of thi.~ barn and horse corral area have
been made a condition of this variance. The neighboring residences to
the north are approximately 120 feet from the proposed horse corrsl aroa
and more than 260 feet between the accessory ba~n and .other residences
(north). The rear yards of the northerly neighboring parcels
immediately abut the applicants' northerly front yards. The corral area
and barn a~e for housing and keeping of the owners' two horses.
7. It is the position of the Beard in censidering this
application that:
Page 3 - Appeal No. 4235
Matter of KlM FALLON and CYNTHIA SUTRYK
Decision Rendered June 8, 1994
(a) the circumstances are uniquely related to the
property - particularly since the code defines two yard areas to be
front yards;
(b) the relief is not substantial in relation to the
requirements and will be di.~tant from neighboring buildings and
neighboring properties; the setbacks at its closest point is to the
westerly preperty line at 54+- feet;
(c) the variance requested does not involve an increase of
dwelling unit or use density, and the use of the premises shall remain
residential;
(d) the relief requested will not cause a substantial
effect on available governmental facilities since the structure is a
permitted use under Section 100-31C, and will be used only incidentally
to the residents and occupants of the dwelling;
(e) there is an alternative avnilAble for the applicant to
pursue by locating the accessory barn and corral area in the limited
rear yard - which is that area closest to the southerly dwelling (Dr. R.
Hariri) without a variance;
(f) the variance will not in turn be adverse to the
safety, health, welfare, comfort, eenvenienee, or order of the town, or
be adverse to the neighboring properties since additional requirements
have been imposed for compliance and extra efforts by the property
owner.
NOW, THEREFORE, on motion by Member Villa, seconded byr
Member Dinizio, it was
RESOLVED, to GRANT a variance as requested under Appeal
No. 4235 to locate a 24 ft. by 22 ft. accessory building in the
northwesterly front yard area not closer th~n 54 feet from the westerly
property line and 120 feet from the rear yard property of Parcel No.
1000-94-2-3 (now or formerly Kavlaris as per survey), and SUBJECT TO
THE FOLLOWING CONDITIONS:
1. The use of the barn and corral area shall be limited to an
accessory use personal to the landowners and not for profitable o1~
~ommercial use;
2. The the accessory barn is limited to the storage of two
horses; more than two horses will require a further hearing for
reconsideration.
Page 4 - Appeal No. 4235
Matter of KlM FALLON and CYNTHIA SUTRYK
Decision Rendered June 8, 1994
3. Any and all storage of manure shall be disposed of in 'a
proper manner which will not be adverse to neighboring landowners.
4. There shall be no riding instructions by the landowners
such as a riding academy-type use to non-residents at the property;
5. The 100 ft. by 90 ft~ horse corral (fenced area) shall be no
closer than 120 feet to the northerly property line at its closest point
and no closer than 200 feet to the easterly property line, and shall not
be located south of the dwelling foundation area.
Vote of the Board: Ayes: Messrs. Geehringer, Dinizio, Doyen,
Villa and Wilton. This resolution was duly adopted.
lk //'
/ RD P. GO~HKeINGER ~/
/ CHAIRMAN /
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE HOUR
/
Town Clerk, Town of ~outho,d_
APPEALS BOARD MEMBERS
C-erard p. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Ri~h-,d C. Wilton
Telephone (516) 765-1809
Appeal No. 4235
Project/Applicants:
County Tax Map No.
Location of Project:
TYPE II
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.Q.R.A.
ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 13, 1994
Klm Fallon and Cynthia Sutryk
1000-94-2-5
3200 Soundview Ave., Mattituck,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Accessory building in the fr0nt yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
5'rATI~dENT OF ml~l~Nt
THE WATER SUPPLY AND SEWA~
SYSTEMS FOR THIS RESIDENCE WILL
CONIfORM TO THE STANDARDS OIr TH[
5UFKOLK CO. DEPT. OF HEALTH 5ERVICE~.
($)
APPLICANT
COUNTY DEPT. OF HEALTH
APPROVAL P'OI~
SUFFOLK
SERVICES -- FOR
CONSTRUCTION ONLY
DATE:
H. S, REF. NO.:
APPI~OvED:
~UFFoLK' CO. TAX MAP QESt~NATION:
SECT. ~.OCK PcL.
D~: L. P.
/
?, %?.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TO'iYN CLERK'S OFFICE
SOUTHOLD, N.Y.
APR - 5 1994
NOTICE OF DISAPPROVAL
Date .... APRIL 4, 94.
To CYNTHIA SUTRYK & KI}{ FALLON
55 HARBOR VIEW AVE.
MATTITUCK, NEW YORK 11952
PLEASE TAKE NOTICE that your application dated MARClt 30, 94
........................... 19 .....
mr permit to CONSTRUCT AN ACCESSORY BARN
Location 3200 SOHNDVlEW AV~.
of Property ................. I~TTITUCK, 1~ YORK
House No. ' .......................
County Tax Map No. 1000 Section 94 Street Hamlet
5
.............. Block . 2. Lot ......... ~ ....
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the ~llowing grounds . ~SORY BUILDINGS AND
STRUCI~S OR OTtt~R 'ACCESSORY USES SI~L BE LOCA~U IN I.~.' P, EQUIRED BEAR YARD.
ARTICLE III GlinT. 100-33. ' ................................
ic,;o ......... ' .......
IRED BY IBI/ ZONING BOAP, D OF APPEALS.
RV 1/80
i
TOWN O1~ ~OLD
Examined ................. 19...
Approved .......... ~, ......19... Permit No ........
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765 1802
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
BOARD OF HEALTII ........
3 SETS OF PLAHS ........
SURVEY .................
CIIECK ..................
SEPTIC FOR:I
CALL .F~,.b/.~ ........
MAIL TO:
Date ?'..~.~.~.. ?.? ........ , 19 ?K
CYNTHIA E. SUTRYK
KlM M. FALLON
55 HARBOR VIEW AVE.
ORDER OF
558
admit ahthorizec~ inspectors oh ~remises and'in building f~)r necessary'inspectit~ns~--
~d to the Building Inspector, with 3
adjoining premises or public streets
diagram which is part of this appli-
Building Permit·
ennit to the applicant. Such permit
ver until a Certificate of Occupancy
r a Building Permit pursuant to the
[ther applicable Laws, Ordinances or
or demolition, as herein described.
using code, and regulations, and to
(Signature of applicant, or name, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, 'lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
......... ................................................................................
Nameofownerofpremises .K,'~t FAt. coD A~I~ ~¥,~m4,~.
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
:: ,
(Name and title of corporate officer)
u' '
Blder s L~cense No ..........................
Plumber's'License No .........................
Electrician's License No .....
Other Trade's License No ......................
1. Locationoflandonwhichproposedworkwillbedone. ,3200 J'o~.,,~e, ~'~,.~ ~4,t~._
.....................
House Number .......................... · .....
Street ........................
Hamlet
County Tax Map No. I000 Section ... ?¢/ Block
............................ Lot
Subdivikion ..................................... Filed Map No. Lot
(Name) .............................
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use.and occupancy
b. Intended use and occupancy '
3. Nature of ark (check which icable): New Building .......... )n .... ~l,erat on .........
Repair .............. Removal ............. Demolition .......... .~..-..?v4Ot~0'' !j~ ':It~,~¥0rk. !..
4. Estimated Cost . /.~?'r't) (Description)
.................................. Fee
5. If dwellin,, numbe- -~ .... (to be pa~id.,0~ng this application)'
· ~ o, · ui awelllng units M...;~.~_ _r~
· u garage, num her of cars ruling units tm*eWcr~floor ....
6. ' " '" ................. . ............................ ': ~.-.77]. · ...... i .........
7. ~ibm;S~;oSnS's ~x~;iCnl~ls~%cm[j;eds (]~cT~.a.n~%;tPeclfy nature and extent of each type of us ... ' ........
He ght Nu - Y_ .......... ...... Rear . ... Depth ............
............... mt)er of Stories ......... ...............................................
Dimensions of same structure ~vith alterations or additions: Front ................. Rear ..............
8. sions of en;i;; ~;2J,L'XL' .~.Helgh~t ..,, .......... ......... Number of Stories ..........
- ,~ua~truc[lon: Pron[ .......... ;. · Rear ...... . . Depth
9. ~H. eight ............... Number of Stories.. ~ ..... . ' '. .............
alze of lot: Front ...................... Rear ...................... Depth
10. Date of Purchase .................. ......... Name of Former Owner . .
11. Zone or use district in which premises are situated ......................
12. Does proposed construction violate any zoning law, ordinance or regulation: ........... ' ....................
13. Will lot be regraded ............................ Will excess fill be removed fr ' ·
14. Name of Owner of premises &~,~co,o4('r,~,w,. ~,~,&.,.~ '"-t4-at'o-- _ om premises. Yes No
Name of Architect , ~ - ................ Phone No..~ ?;,7..¥~..x . ..
........................... auoress ................. Phone No ....
Name of Contractor .......................... Address ....... · .... Phond No' . ........ '
15. Is this property within 300 feet of a tidal wetland? *Yes ........ No ........
· If yes, Southold Town Trustees Permit may be required. '
.... PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
· interior or corner lot.
STATE OF NEW~YORK,~ ~/,
COUNTY s.s
........................................... being duly sworn, deposes and says that he is the applicant
(Name of individu.41 signing contract)
above named.
He is the .......... . ...........................
(Contractor, agent, corporate officer, etc.) .....
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application: that all statements contained in this application are true to the best ofhis knowledge and belief; and that the
Work wi/l be performed in the manner set forth in the application filed therewith.
Swam to before
.......... ~. ....... .T. dayof /..~.g.. f .c'~..c~. .... ,19 ~'.¢-(
· . ,,, .... . y_)
TOWH OF 50UTHOLD0 NEY/ YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPF-~L NO. 4/°2, ~"'~--"
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.............. /c.. ............. ...... ...............................
Name of Appellant Street and Number
....~...(~"'~1_'7~..%}.~,','~.- ..................................................................... ..-~,..~, ............. HEREBY APPEAL TO
Municipality 5tote
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
Street and Number Municipali~ State
PERMIT TO USE
PERMIT FOR OCCUPANCY
]. LOCATION OF,THE PRpPER~Y %..~.....C~. ~.(~``(~``(~``(~``(~..~..Q.~)..~...~.~..~..A...~..~.~...~..~.~L~.~...Y/.~
Street /Hamlet / Use District on Zoning Map
District lO00 Section~HBlock~ Lot ~ ~ rent
...................................................... ~ur ~ner K/'~ ~c~ ~ ~y~r~z~ D,~y~
MopNo. 'LotNo. Prior Owner
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 ~ Section
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
('~) A VARIANCE to the Z~ning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) ~ been made with respect to this decision
of the Building Inspector or with respect to this property.
Such oppeat was ( ) request fora special permit
[ ) request for a variance
crud was made in Appeal No ................................. Dated .................. t .......... , ................ ~-; .....................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
(
is requested for the reason that
Form Z'~I (Continue on other side)
REASON FOR APPEAL
l. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because;
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
CHARACTER OF THE D1SIKICT because
The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
STATE OF NEW YORK )
COUNTY OF )
Si~natgr'e .
Sworn to this ........ Z.~.....2~. .......................... day of ..... ..~...~./cq. k
......................................... ~9 ¢'~
/Notary Public
LINDA J. COOPER
Notary Public, State of Nnw York
NO. 4822563, Suff~olk Count'~!
T6rm Fxpires Dece'mDJ 31, 19 -" ~
PROJECT I.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be comDleted by Applicant or Project sponsor)
1. APPLICANT/SPONSOR I 2. PROJECT NAME
3. PROJECT LOCATION:
~ New ~ Expansion ~ Modification/alteration
8. WILL PROPOSED ACT;ON COMPLY WiTH ~ISTING ZONING OR OTHER ~ISTtNG ~NQ USE RESTRICTIONS? ~ Yes ~ NO If NO, describe ~rietly
m. Does *c~=o. ~.votv~
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete ti3e
Coastal Assessment Form before proceeding with this assessment
OVER
1 .(Continued on reverse side)
this form, and an envlronmen~ I elew ;~11 be made by
before any actioh is taken, this board
SHORT ENVIRONMENTAL ASSESSSIENT FO~!
I~NSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of th~ 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 sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered NO it is likely that the
project is not significant.
(d) Environmental Assessmen~
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 unique or
%u%~ual land form on the site? Yes NO
3. Will project alter or have a large effect on
an existing body of water? Yes NO
4. Will projec~ have a potentially large impact on
groundwater quality? .__.Yes No
5. Will project significantly effect drainage flow
on adjacent sites?
6. Will project affect any threatened or endangered
plant or animal species? Yes . No
7. Will project result in a major adverse effect on
air quality? Yes .No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes NO
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircamental area by a local agency? __Yes No
10. Will project have a m~jor effect on existing or
future recreational opportunities? Yes No
11. Will project result in major traffic problems Or
· cause a major effect to existing transportation
.' systems? . Yes _~No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes No
13. Will project have any impact on public health
or safety?
Yes No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes No
period o~r have a major negative effect on the ~
character of the community or neighborhood?
Is there public controversy concerning the
project?
15.
'ZBA
_ Date:
QUESTIO~;AIRE
FOR FILI}TG WITH YOUR Z.B.A. APPLICATIO~T
A. Please disclose the names of :
the owner(s} and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate. sheet may be attached.}
~,~ F~c~,,~
B. Is the subject premises listed on the real es=aCe market ~or
- sale. or being shown to prospective buyers? { } Yes
{~ } No. (If ~, Dleasa a~-h =uU7 o~ "oond/r~ns,, of
C. Are therm a~zy%Truposal~ tm =hange~r alter l~d
{ } Yes {Y} No
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the property bulkheaded between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? ....
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ///~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fencas
which e~4~t and are not ~ho%rn on t-he survey map that you ara
submitting? i/~? If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If n--~e, please state.
H. Do you or any co-owner also own Other land close to this
parcel? .. ~ If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations
parcel ~
proposed use
conducted at this
and
^utndrized Signature ~d Date
3/87, 10/901k
§ 97-13
WETLANDS
§ 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Sourhold. [Added 6-5-84 by L.L. No. 6-1984!
~fE ~'i~,N-DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 b.v_ ,I..L No. t;-1985]: -,"2~ ' ',' ~', '"-' ~
~ ~I'DAL WETLANDS: "
(1) All lands generally covered or intermittently cov-
ered with. or which border on. tidal waters, or lands
lying beneath tidal wakers, which at mean low tide
are 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 ocher
Iow 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, tall cordgrass, high
bush. cattails, grcundseL ~rshrn~llow a~d law
All l.~nd immediately ndjacent ~o a tidal wetland as
defined in Subsection A(2) and lying ~vithin seven-
ty-five (75) feet landward of the most landward
edge of sm-b a.tidal wetiand.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 2.1-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York: and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) and lying wkh-
in seventy-five (75) feet landward of the most land-
ward edge of a freshwater wetland.
9705 z.*.s.ss
TOWN OF $OUTHOLD PROPERTY RECORD CARD
OWNEI{ ~
RES.
LAND
Tillable
SEAS.
IMP,
STRE~.~¥~ OeP
N
$
VL
TOTAL
-(GOO
FARM
DATE
VI LLAGE
W
SUB. LOT ~
ACR.
TYPE OF BUILDING
COMM. CB. MICS. Mkt. Value
RENb~RKS
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DECLARATION OF COVENANTS~--~k~DATE
RESTRICTIONS
THIS INDENTURE made this ~ day of ~ , 1987, by
/SUNBOW ASSOCIATES residing at 1065 Hyatt Road, Southold, New York,
hereinafter called the ~
~, the Declarant is th ' ·
e owner ~n fee s~mple of a certaln
parcel of land situate at Mattituck, Town of Southold, Suffolk C~unty,
New York, and designated on the Suffolk County Tax Map as District
Section 100, Block 2, Lot 5.i containing approximately 3~.6 acres,
0~.~ being the same premises acquired by the Declarant by deed dated
~[~ ~'-~llC~ and recorded in the Suffolk County Clerk's
Occie on December !0, 1986 in Liber 10188 of deeds at page 17, and
referred to hereiu as the "- ,
pre~.~ses- and
WHEREAS, the Declarant intends to subdivide said premises for
residential purposes and desires to subject said premises to certain
conditions, covenants and restrictions in order to preserve the
maximum open space, natural scenic beauty and natural vegetation and
to prevent overcrowding and to conserve the ground water resources
of the Town of Southold, and
1000,
WHELEAS. the
Town of Southold
the premises as a
lots or parcels.
n~=~. has a~!ie~
for approval of the subdivision and development of
Minor Subdivision, to contain not more than four (4)
NOW, THEREFORE, the Declarant does hereby declare that the
aforesaid premises and every portion thereof is hereby held and shall
be conveyed subject to the conditions, covenants and restrictions
hereinafter set forth, and that every purchaser of said premises,
-1-
or any portion ther ~, by the acceptance of a ~ed thereto,
covenants and agrees that the premises so purchased shall be held
subject to the covenants, conditions, and restrictions hereinafter
set forth.
1. No lot or plot as shown and designated on the Minor
map approved by and filed with the Southold Town Planning
be
Subdivision
Board shall
further subdivided.
2. No dwelling,' or other building or structure shall be erected
maintained within 100 feet of ~he top of the bluff or cliff adjacent
or
to Long Island Sound.
3. In order to prevent the erosion of the bluff or cliff adjacent
to Lon Island Sound, no vegetation shall be removed ther'efrom nor
disturbed in any manner, nor shall any stairways, paths or other'
struct,~res be placed or maintained thereon, without the written
approval of the Southold Town Planning Board.
4. That all of the covenants, conditions and restrictions contained
herein shall be construed as real covenants running with the land and
shall continue and remain in full force and effect at all times as
against the owner of the premises or any portion thereof in perpetuity.
Said covenants, conditions and restrict~_ons ..... ~ ¼= ' ~' . .... inure
to the benefit of and be enforceable by the Declarant, their heirs,
successors and assigns; any owner of any portion of the aforesaid premises,
their heirs, successors and assigns, and the Town of Southold, and its
successors and assigns, and the failure of any of the foregoing to enforce
any of such covenants, conditions and restrictions shall in no event
be deemed a waiver of the right to do so thereafter.
-2-
HAND DELIVERED
Southold Town Board of Appeals
Main Road
Southold, NY
May 2, 1994
Re: Application for Variance of Fallon
Suffolk County Tax Map Number 1000-94-2-5
Dear Sir or Madam:
The undersigned are homeowners adjacent to the property seeking the
variance. On the map attached to the filing we are Mr. Demetrio and Ms. Madeline
Laveglia on the property formerly Kavlaris (94-2-3), Mr. David DiSalvo and Ms.
Margaret Scheffs on the property formerly Zimnowski (94-2-4), and Dr. Robert Hariri
and Ms. Margaret Hariri (94-2-6).
All of us were attracted to Soundview Avenue for its scenic side and rear
views over unspoiled farmland as well as the sense of open space and quiet. Two of us
(94-2-3,4) purchased our homes in the past year understanding that a two story house
would be built on the hill of the rear subdivision adjoining our properties. While this
would negatively affect our view and the privacy, the consolation was that such
placement would create a large front yard protecting us by code from any future
structures which would have immediate impact on us.
We would like to welcome Ms. Fallon and Ms. Sutryk as neighbors, but
are led to wonder by their actions whether the feelings are reciprocal. We now have the
addition of their mini bike, skimobile and overland vehicle. They poured a considerable
foundation for a barn in the front yard without any permits or neighborly consultation.
This was done with prior knowledge from the Building Inspector that a variance would be
necessary. They have put us in the uncomfortable position of questioning their intentions.
While we are sympathetic to their reasons for wanting this accessory barn in
the front yard, we are not sympathetic to its proposed use to house horses. The additional
environmental stress of flies, odors and ground pollution would affect all of us. Two of
the properties (94-2-3,6) have windows and outdoor decks which will be in direct sight of
this structure.
Ms. Fallon has since told us that the structure will be one story, will house
only two horses, and that she will keep the area clean and horses away from our property
lines. Therefore, seeing that the foundation is already in place and in the effort to avoid
any future conflict and build good relations, we will not seek to sway the Board to deny
Ms. Fallon's and Ms. Sutryk's request, provided in return the Board, if it does in fact grant
the variance, do so only upon the following conditions:
1. That the housing of animals in said structure be limited to two horses;
2. That any corralling or keeping of said hvo horses be a minimum of forty
feet from the undersigned property lines;
3. That the area for keeping of said two horses be kept reasonably clean
and unoffensive to the adjoining neighbors;
4. That said structure be limited in height to 17 feet and be so designed and
constructed so as to be in keeping with the scenic beauty of the area; the roof will be a
gabled A-Frame with either asphalt or wood shingles and the siding will be of either
board and batten, or wood shingles.
If Ms. Fallon and Ms. Sutryk are equally concerned to build good relations
and are true to their representations, then we see no reason to their objecting to any of the
above conditions; without such we are united in opposition to the variance.
Very truly yours,
MARGARET H~RIRI
nEN ETPdO LA~VEGLJ~
LA L
MARGARET SCHEFFS
~ behalf of ~e S~;heffsTrust
'" iz.q,~"d '~-~j ~-) ~-'~
5On'behalf of the ~ch~ffs Trust
3100 Soundview Avenue
Mattituck, NY 11952
May 4, 1994
HAND DELIVERED
Southold Town Board of Appeals
Main Road
Shouthold, NY
Re: Application for Variance of Fallon
Suffolk County Tax Map #1000-94-2-5
Dear Sir o~ Madam:
With regards to the letter you received dated May 2, 1994
from Laveglia, Scheffs, and Hariri the undersigned were under the
impression at the time that there were no ordinances prohibiting horses
and corrals from the front yard. We felt that since we might have to
suffer horses either way, with or without the barn in the front yard,
at least with the variance request we could have a 40 foot buffer. We
now understand that zoning ordinance 100-31-C-1,8 would prohibit horses
and the structure of fences in the front yard and that this variance
request is for both accessory structure and accessory use.
We are now clearly stating our objections to such accessory
use. Ms. Fallon's and Ms. Sutryk's property has frontage which
adjoins our rear and side yards. The possibility of having our rear
yard surrounded by horses and fencing would cause us definite hardship
for the following reasons:
1)
It would cause us to suffer from the attendant flies,
odors, noise and ground pollution particularly as the
summer winds are from the south.
2)
It could lead to the removal of ground vegetation and
erosion.
3)
The above along with the erection of necessary fencing
would be an eyesore for us and would alter the
established character of open unobstructed farm field
and scenic view.
4)
As the land rises in elevation as it approaches our
house and our rear deck looks out over this land it
would be both undesirable and unfeasable to establish
any buffer yards or screening.
5)
Our well water is subject to the northern migration of
ground water and is already at the border of state
limits for nitrates. Horse pollution in our immediate
area would be a further detriment.
Certainly these reasons are in keeping with "matters to be
considered,, under zoning ordinances 100-251 and 100-264 and we fail to
see how the granting of such variance will lead to the "conservation of
adjoining property values".
The selling point of our house was the rear yard and deck and
before purchasing we made our inquiries with both Town Hall and Ms.
Fallon about the possibilities of any future developments (other than
the proposed new home) that would negatively affect the status of our
property. We were assured that there would be none. We know of
several people who have horses adjoining their properties and they have
nothing but warnings to give us as to the flies and stench.
The reasons Ms. Fallon and Ms. Sutryk give for the appeal are
not very compelling. They are choosing to locate their new home so as
to maximize their view particularly from their rear yard. They created
a relatively larger front yard and a smaller rear yard yet that
"smaller rear yard" is still larger (almost 200' sq.) than either of
the two rear yards their frontage adjoins. It appears they want the
benefits of such creation but not the drawbacks. They state in their
application that their rear yard is not a desirable location for
horses. If they do not want to be burdened with the effects of horses
in their rear yard, why is it fair that we should be?
Therefore, while we can sympathize with the granting of a
variance for the accessory barn we are opposed to the granting of a
variance for accessory use for horses without the additional condition
(which will replace condition #2 of the letter dated May 2, 1994):
2) That any corralling, fencing, keeping or grazing of said
two horses be within 100' of said accessory barn.
We feel this is a fair compromise and that the applicants, if
they are good neighbors, will understand our concerns.
The signatories of the previous letter have been in
consultation with us and are in agreement with the contents of this
letter and seek the same outcome. All of us are concerned that the
granting of a variance with the conditions outlined opens up the
question of future conflict, enforcement and remedies and we look to
the board to act prudently.
y truly yours,
Margaret Scheffs /~
On behalf of the Scheffs Trust
David DiSalvo
On behalf for the Scheffs Trust
L *)' ~..'~ ~ *' J.:' * -% , ',~' ,;.; * ~ · ~.~,~!. ~ j , .... ~ .~- , ; a * SUFFO/KCO. HEALTH DEPT. APPROVA/
~ ~ ,,.F..., .~ .
~ ~ .......... · ~ ~, -,~ - .':.~ ..? ~'-':..*' ~..TZ~./;¢r';~,~2~ ¢~.~ ~' ~. .... . ? ~.,. - .. ' ,.. . . ,. .',.
~t ' ~ , . ~' , -~'.1~ ~, .- .' ', ' -.~:// ~ ~' ~,~:' ~ '~:~',~'; .~'~'.. '
, " ~ . · ,: , ~ · ~ v..,' ~/~ ~0~',~.~... '
' ' , ' ~ ' · I ~ ~ ~. / .;: ~'~'~Tf41~ ~UT~ ~,~:' o,s~. sect. B~ ~.
, ~ I~ ' · ~ ' * 1% ~. r~ .,.:
· ~e~-. ~ · ~., ~ ~,'~ ' .'
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ROO, RICK~ANTUYL P.C. ~ ~,
· ,:.":': ' f,¢. V....-- ~ ~'~ ~'~ ~"" ~ '..
~ ' ' LICENSED LAND SURVEYORS .~'
May 20, 1994
Southold Town Board of Appeals
Southold, NY
Re: Application for Variance ofFallon - SCTM #1000-94-2-5
Dear Sir or Madam:
At the May 4, 1994 variance hearing the undersigned along with the
petitioner, Ms. Sutryk were instructed by the Chairman to try and reach a compromise in
the hall.
Our prime concern was the number of horses and where they would be
corralled. The plan as presented by Ms. Sutryk that evening placed most of the hardship
on the Scheft and Laveglia residences, particularly in light of the prevailing southeast
winds and open view.
We left the hall meeting with a compromise plan as follows:
1. Ms. Sutryk gave us verbal assurances that there would be only two
horses and a pony;
2. We reoriented the corral area more to the rear of the property so as to
minimize the effects of wind, view and well pollution (see attached plan). This more
equally shares the burden while allowing an even larger riding and grazing area as well as
shade trees to the western edge.
3. We have no objection to a 5 foot corral fence providing it is of the open
post and slat wood design typical of such fences, which we believe Ms. Sutryk plans to
erect.
4. We have seen the barn plans and have no objections except for the use
ofT-111 type siding instead of shingles or board and batten.
This plan could not be presented that evening as it was late and Ms. Sutryk
wanted to show it to Ms. Fallon first. We all hope this compromise plan meets with Ms.
Fallon's and the Board's approval.
Thank you.
MAP~ARET SCHF,~rS
fsth.e S~f~sT~st
On behalf of the Scheffs Trust
55 Harbo~'~3ie~v A~:enue
Mattituck, fi;. Y. 1195£
Juno 10, 1994
Board of Appeals
To%on of Soutkold
Application fi;o° 4£85
Please be advised tkat tke /~orse barn in
question %vas designed to kouse a q~a~imum of tkree korses.
It ~as not ~y intention at tke June 8tk Hea~ing to li~it
myself to tke t~o kowses I p~esently o~n; nor did I intend
to mislead tke Board into possibly understanding I ~ould ~ant
to kouse ~ore tkan tkree.
I apologize for any misrepresentation.
¥'ery truly yours,
Kim Fallon
NIOIF ~AUREEN B£IRTH
~ 20" E
~ 'N 65° 21'
COR,
ACT.
· MAP
soUND
3,110.68'
t~/IEW A
N. 71' 03' 30" E
N/oIF ED wARD
& DOROTHY
zIMNO.SI
AREA = 5.32 acres
N/oIF suNB~~'U
S 65' 36' 50" W
AssOCIf TES
~A¥ - 3 199/1
I! LIe. NO.
?.Co
SOUND
3,110.68'
NIO/F EDWARD
& DOROTHY
.L
AcT.
· MAP
VIEW A
N 71' 03' 30" E
TIE
acres
S 65' 95' 50" W
A$$OClA, TE$
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
June 27. 1994
TO:
Dr./Mrs. Robert Hariri
Mr. and Mrs. Dernetrio,Laveglia
Schef, fs Trust
John W. Robinson
Robert Rowebl
Cynthi~ Sutryk
Klm Fallon
RE:
Fallon and Sutryk - Rehearing
Variance for Accessory Barn in Front Yard Location
Ladies, and Gentlemen:
Enclosed for your update, and ~information is a copy of the Legal
Notice which confirms ,July 14, 1994 at 7:45 p.m. to. be, the date and
time of- a rehearing, in.the:Matter,of the Appti~ation.,of Klm' Fallon
and Cynthia. Sutr. yk. The Board Members granted Ms. Sut~yk~.s
written request for a rehearing, based upen,a misunde~stand~ng~by
Board Member(s) of informatior~ p~esented at the heaHng~ by the
appticants.
This is the ,only notice that-will be sent to you concerning the .date
and time of the,rehearlng. Please-feel free to call if you have.any
questions,
Very truly yours,
Enclosure
Linda Kowalski, Clerk
Board of Appeals
Mailing List for 5/a,/9~ Hearings Notice:
Claude A. Sher
u,3 Ridge Road
Searington. NY 11507
Rudolph H. Bruer. Esq.
Main Road
Southold. NY 11971-1q66
Mr. Thomas A. Palmer
P.O. Box.218
Cutchogue, NY 11935
Kim Fallon
55 Harbor View Avenue
Mattituck, NY 11952
Mr. Jon Co Kerbs
~q0 Riley Avenue
Mattituck, NY 11952
Mr. Frank Cichanowicz
Briarcliff Landscape
P.O. Box 222
Peconic, NY 119S8
Samuels ~ Steelman Architects
25235 Main. Road
Cutchogue, NY 11935
Stephen L. Ham III. Esq.
u,5 Hampton Road
Southampton. NY 11968
Mr. Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
Mr. and Mrs. Alex Wipf
gq0 West Creek Avenue
Cutchogue, NY 11935
Mr. John Thatcher
F.I. Nature Conservancy
P.O. Box 132
Green Village, NJ 07935
Robert T. Bayley, AIA
150 LAKEVIEW Terrace
East Marion, NY 11939-0595
Del±vered to NEWSPAPERS 4/19/94
Copies of all files in board boxes
and to Chairman 4/19/94.
Copy of legal notice to:
Town Clerk (for coord.)
Buildin90ept.
Posted on Town Clerk Bulletin
on 4/19/94,
Board
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
Law and th~ Code'of ~he To~v~ ~f
hearings will be ~heid by :the
'~6. 8:00 p~m, Appl. No, 4253 ~
aad MARY WISSEMANN'.
? ~vmiaa~.ba~ed u~p~t~the June.16,,
~' cons~ct a~es~ g~e building
Map of C~ Be~ ~M, N,Y4
County.~ax Map P~I No. I~
4-11.1. The subject premises is a
(inClu~ng low ]~ subje~ m
lng) and is dc~ned as a corner lot
~fing along CI~ View R~ ~d a
6. 8:10 p.m. Appl. No. 4254 ~
DEPOT ENTERPRISES, INC~
STATE~ NEW YORK)
) SS:
.tnv. . O.F S OLK)
of Mattituck. il
said County, bet~ duly sworn, says that he/ah,
is Principal Clerk of THE SUFFOLK TIMES,
Weekly Newspaper, published at Mnttituek.
the Town of $outhold. County of Suffolk
State of New York, and that the Notice of whie]
the nnnexed is a printed copy, has been tegulm
ly published in said Newspaper once each
for [ weeks stteeessively, commencing ol
the ~day of ~L_ 19~.~__.
area of approximately 30,500 square
feet and fronts along Brushes Creek., /
Peconic Bay Boulevard, and
Mcsrobian Drive. Street Address:
1780 Paconic Bay Boulevard, Laurel.
N.Y.; County Tax Map Parcel No.:
1(X;0-145-4~2.1 (prev. I &2). ~Tax Map Parcel ID No. 1000-102-2:
2. 7:35 p.m. Appl. No. 4252 -- I12.1. Subject premises is zoned
DENNIS R. and ANN L: BANNON, Residential-Office (RO) and contains
Variance to the Zoning Ordinance; a total lot area of 1.6± acres.
Article IliA, Section 100-30A;3: I "The Board of Appeals will at said
based up°n the June16'1994 N°fic°': ~ / fime* and Placc hear any aad al per-
of Disapprovil from the Building. = '
proposed addition with an insufficient,
rear yard setback. The subject premis-.
es contains a total lot area of approxi:
mataly 12,300 square feet and is a
corner lot. Location of Propeny: 855
Mary's Road (a/k/a 645 Hamilton'
Avenue), Mattituck, N.Y.; Count),
Tax Map Parcel ID No. 1000-140-~
3. 7:40 p.m. Appl. No. 4251 --
MARILYN $. MORSCH, Variance.
to the Zoning Ordinance, An`icle lllA~
Section 100-30A.3~ based upofi the.~
June 6. 1994 Notice of Disapproval
from the Building Inspector, for
approval of an "as buiW' wood deck L:
addition with a side yard setback at
, less than the required 15 feet and less
3 than the total side yards r~q-ui~l~d ~t t~
· and 20 feel The subject premises
! c, ontains a (c0nforming)'tol~l(lot!a~eai~~
p~:4Q.409, square feet in ~lhis~-40
:Di. su-icc 1%~ Loc~on?6 .~0%'/~h
Sea D~Ve, $outh0~ld~.N.~,~o~ty
Tax map Parcel No~ 1000-54-$~
~4~ 7:45 p~m ~PpL, No742~-°~
KIM FALLON and CYNTHIA ·
SUTRYK. ReLHearing pursuant'tO f
Resolution of Board of Appeals
and re-hear appellants' variance ap-~* -
plication under Article IE, ~ectionL.,
100-33.=based upon the April 4, 1994~':t
Notice of Disapproval from the'
Building Inspector, to Iocate~ acccs.
~br~.~uil~ing/use n~he gr~fi~ aid'
~ a o and we v;r~ ven u e~Jdatll i~k~jq .¥~%~
County Tax Map Parcel 1000-94.2.5,-
sons or representatives desiring to be
heard in the above matters. Written
commenti ~nay also be submitted
prior to the cof~lusion of the subject
bearing. Each hearing will not start
before the times designated above. If
you wish to review any of the above
files or would tike to ~'iqugst more
information, please do not hesitate to
call 765-1809 or visit our office.
Dated: June 27, 1994..
BY ORDER OFTHE
SOUTHOLD TOWN
BOARD OF APPEALS
· ~ GERARD P. GOEHRINGER;
:, ~ CHAIRMAN
' ~' By Linda Kowalski
798S-lT~u30 ';
Ouall~te~n Suffo~6OO4~4k Coumv ~.~ Principal Clerk
4, 100-33) and under prior varianceff'
de~enni~ May II, 1~3 ~rAp-
~al N0; 4157, for ~ission to m~-
ffy t~ ~rly y~ ~i~ck for
~ccesso~ bali court. Location
~ 320 ~t ~e ~ 293~
Main R~, Cuteho~e, N.Y.; ~un~
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of
Southokl, that the following
public hearings will be held
by the SOUTHOLD TOWN.
BOARD OF APPEALS, at
~fi~,,~od~hold To~vn Hall,
53095 Ma, in Road, South01d,
New ~'.York 11971, on
THURSDAY, .JULY 14,
1994, ', ~ommenclng at . the
times ~specified below:
1. 7i30 p.m. Appl. No.
4250- WILLIAM AND
HELEN cHILDS. Variance
to the Zoning Ordinance, Ar-
ticle 111, Section 100-33C
based upon the March 29,
1994 N'otice of Disapproval
from the Building Inspector
for permission to locate ac-
cessory garage with reduced
front yard setback(s) on this
corner lot. The subject
premises contains a total lot
area of approximately 30,500
square feet and fronts along
Brushes Creek, Peconic Bay
Boulevard, and Mesrobian.
Drive, Street Address: 1780
Peconic Bay Boulevard,
Laurel, NY; County Tax Map
Parcel No. 100-145-4-2.1'
(prev. l&2).
-2. 7:35 p.m.?AppL;N~
4252- DENNIS R. and
L. BANNON;".-Variance i't6
the Zoning Ordinance, Arti-
cle IliA, Section 100-3,0~A.3.,%
Notic6' of Dis~3pro~)al'fr6'~
the Building lnspectorj_~o~
mission to locate,propo~
itlon w~th an
ed add , ~ ,.
· nt rear yard setback;'T~e
subject premises' Eontams a.
total'· lot' ~ar~fi~ of Japprox-
imately 12,300~ square 'fe°t
and is a corner lot.
of Proper~y
Road (a/k/a 64~
"wood deck addition with a
side yard ~ack at less than
the requir~ll~ 15 feet and less
than the total side yards re-
quired at 15 and 20 feet. The
subject premises 'contains a
(conforming) total lot area
of 40,409 square feet in this
R-40 Low-Density Residen- .
tial Zone District. Property
Location: 630 North Sea &~.
Drive, Southold, NY; Coun7"
ty ~ax Map Parcel No.
1~54-5-16.
. 4. 7:45 p.m. Appl~No.
~ 4235- KIM FALLON and
CYNTHIA SUTRYK. Re-
Hearing pursuant to Resolu-
tion. of Board. of Appeals
'adopted June 13,' 1994 to re-
consider and rehear ap-
pellants' variance applica-
tion under Article Ill, Sec-
tion 100-33, based upon the
April 4, 1994 Notice of
Disapproval from the
Building Inspector, to locate
accessory building/use in the
front yard area. Location of
Property: 3200 Soundview
Avenue, Mattituck, NY~,
County Tax Map Parce~/~
1000-94-2-5.
5. 8:00 p.m. Appl. No.
4253- JOHN AND MARY
WISSEMANN. Variance
based upon the June 16, 1994
Notice of Disapproval from
the Building Inspector for
permission to construct ac-
cessor~ garage building;with
' an insufficient fr0~t yard"set-
~bfick3~t 580 Clea~ Road,
: Lot No.~47. ~nd part of 4?.on.
~tlib%~:De~l{Ji~ineht~ Map ~'of
cOUNTY OF sUFFOLK
STATE OF NEW YORK
ss:
Patricia wood, being duly sworn,
says %hat she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Sou%hold, in
suffolk County; and that the notice
of which %he annexed is a printed
copy, has been published in said
Traveler-Watchman. once each week
for ~ weeks
succesS~vely, commencing on the
day of .... '~'' ............ '
Sw~o~n to before ~e on this
...3?3 .... day of
19 /
c6unty ~Tax Map Parcel N0. ' -' n -f Pro"~rt'''
~}'~il 1 .The ~subject
"'.' o~6~m~m~tely45,~
~.~2,~,,~ ~.~au laha~ No~l~-10~2~l~!~''
,Suo]~-~tO s~o~. ~, Residential-Office ~RO)
,s A corner
Cedar Beach, Southold, NY; Notary Public
BARBARA/L SCHNEIDER
NOTARY PUBUC. State of New
No, 480C0846 .
{~u=l fled in Suffolk
uest~ mdre: infor- ~
No.
APPEAI.~ BOARD M~MBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
Jame~ Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
May 2, 199L[
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMO FOR THE FILE
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
Re: Appl. No. u,233 - Klm Fallon and ano.
Ms. Fallon stopped by to deliver three prints of a construction plan
(2 sheets each set) of the proposed barn in the front yard.
I asked Ms. Fallon whether or not she will be proposing a horse
corral or fencing relating to the barn use. and she said she will at
some point in the future for two horses,
It was suggested that Ms. Fallon bring with her to the hearing on
5/4 a proposal for a corral and location for the horses since it is
an accessory use normally in the rear yard as well. (The corral and
horse use was not submitted initiatly as par~ of the permit or
variance application but may be a consideration by the Board of
Appeals in its decision for a barn {with or without corral) in the
front yard.
cc: Board Members (FYI)
APPEALS BOARD MEMBERS
Gerard R Goehrin~er, Chsir~--
~er~e Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
R~h~ C. Wi]Mn
Telephone (516) 765-1809
BOARD OF APPF_ALS
TOWN OF SOUTHOLD
April 20. 199~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
Klm Fallon and
Cynthia .$utryk
55 Harbor View Avenue
Mattituck. NY 119S2
Re: Appeal. No, q235 - Proposed Accessory Barn in: Front Yard
Dear Ms. Fallor~ and Ms. Sutryk:
Supplementing our, letter of~ April 19. 199~. this will, confim that
the following documents are needed to complete, your~file:
An original, and.six copies (for a total of 7) of a building
construction plaa. providing all details: includin~ height
from natural grade~ .location of~ door{s), the direction doors will
be facing on the site, general design. The proposed use of the
barn will also be required, as well as the height and: Ic~[ion
of all fencing, existing and proposed, or other structures which
will be in,the front yard {such as a corral).
Please furnish our office with the above-documents as early es
possible~ Thank:you.
Very truly yours.
CHAIRMAN
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARINGS
NOTICE lS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the i
Code of the Town of
Southold, that the following ~
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall, !
53095 Main Road, Southold,.
New York 11971, on~
WEDNESDAY, JUNE 8,[
1994, commencing at the
times specified below: "' I
1.7:30 p.m. Appl. No. 4235-
KlM FALLON AND CYN-
THIA SUTRYK. (Hearing
Continued from May 4, 1994).
This is a request for a variance
based upon the April 4, 1994 ~
Notice of Disapproval fromi
the Building Inspector to
locate accessory building inI
the front yard area. Location i
~...of Property: 3200 Soundvie. e.e.e.e.e.e.e.e.~ I
Avenue, Mattituck, NY; Coun- i
ty Tax Map Parcel
1000-94-2~5.
2. 7:35 p.m.~4.ppl. No. 4234-
ALEX AND MARION
WIPE (Hearing Continued
from May 4, 1994). This is a
request for a variance under
Article III, Section 100-33C
for permission to locate an ac-
cessory garage with a fron-
tyard setback at less than the i
required 40 ft. front yard set- ~
back. This parcel is noncon-
forming with a lot area of ap-
proximately 22,000 sq. ft. and [
frontage of 118 ft. Location of I
Property: 940 West CreekI
Avenue, Cutchogue, NY;[
County Tax Map Parcel No. /
1000-1,03-13-7 = ~
3.7:40 p.m. AppL No. 4246-
LKC CORP. and JASTA,
INC. This is a request for a
Special Exception for permis-
sion to establish a drinking
establishment use as listed
under Article XI, Section
100-10lB in an existing prin-
~ ~._..~ipal. building. The subject
premises is nonconforming
with a lot area of approx-
imately one-half acre and
115+ ft. frontage along the
north side of the Main Road
a.nd is located in the B-General
Business Zone District. Pro-
perty Address: 6955 Main:
Road, Laurel, NY; County Tax i
C~OR:50 p.m. Appl. No. 4245-
GE AND SUSAN
TSAVARIS. This is a request
for a variance under Article
XXlll, Section 100-239.4A for
permission to locate swimm-
ing pool with fence enclosure
within 100 feet of the bluff of
the Long Island Sound. Loca-
tion of Property: 2170 The
Strand, LOt 111 at Pebble
Beach Farms, East Marion,
NY: Parcel ID No. 1000-30-
2-53.
5. 7:55 p.m. Appl. No
4244SE- DEPOT ENTER-
PRISES, INC. This is a re-
quest for a Special Exception,
as amended, to include ap-
proval for the location and use
of a proposed addition to the
existing principal bui d ng
located at 320 Depot Lane,
Cutchogue, New York. The
proposed addition is an expan-
sion of the existing recrea-
tional membership club and is
located in the Residential-
Office (RO) Zone District.
.~Property ID No.
1000-102-2-12.1.
6. 8:05 p.m. Appl. No. 4249-
SANFORD AND SUE
HANAUER. This is a request
for a Special Exception to
establish and operate a Bed
and Breakfast in accordanc~
with the provisions of the zon-
ing code at Article III, Section
100-31B(15), with owner-
occupancy, and as an ac-
cessory tothe existing prin-
cipal residence. Location of
Property: 4105 Soundview
Avenue, Mattituck, N~ Coun-
ty Tax Map Parcel No.
1000-94-3-part of 1.7, also
known and referred to as Lot
No 2 on the Subdivision Map
of'Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240-
JOHN CROKOS. This is a re-
quest for a variance under Ar-
ticle XXIX, Section I
100-239.4A based upon the
May 4, 1994 Notice of Disap-
proval from the Building In-
spector for permission to
locate swimming pool with
fence enclosure within I00 feet
.~i f the bluff along the Long
sland Sound. This property
was the subject of prior Ap-
peals under Appl. No. 4204 as
rendered 12/8/93 and Appl.
No. 4140 as rendered 2/23/94.
The subject premises is im-
proved with a single-family
dwelling and contains an area
of approximately 40,000 sq. ft.
(total lot area). Location of
Drive, Orient, I~Lot No. 7
on the Map ot~hnd View
Estates; County Tax Map
Parcel No. 1000-14-2-3.11.
8. 8:15 p.m. Appl No. 4241-
RICHARD LAN. This is a re-
quest for a variance under Ar-
ticle IliA, Section 100-30A.4
(ref. Article Ill, Section
100-33) based upon the May 4,
1994 Notice of Disapproval
from the Building Inspector in
a building permit application
to construct pool and deck in
the front yard area, as an ac-
cessory use. Location of Pro-
perty: 230 Bridge Lane, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-111-15-1.4 and
1.5 (Tax Map Parcel No. 1.4
totals 2.478 acres and Parcel
No. 1.5 totals 1.088 acres). The
subject premises is located in
an R-40 Low-Density Residen-
tial Zone District.
9. 8:20 p.m. Appl. No. 4243
-- MOORE"S LANE
HOLDING CORP. This is a
request for a variance under
Article V Section 100-53B,
Section 100-31C (tel Section
100-33), and Section 100-231,
based upon the May 4, 1994
Notice of Disapproval from
the Building Inspector for per-
mission to locate acessory uses
(tennis court, swimming pool
and pool clubhouse) in an area
other than the required rear
yard, and with tennis-court
fencing at a height of more
than four feet when located in
a front yard area. Location of
Property: 475 Cedarfields
Drive, Greenport, NY; Coun-
ty Tax Map Parcel No.
1000-40-5-1.42. The subject
premises is located in the
Hamlet-Density Zone District.
10. & 11. 8:25 p.m. TONY
AND MARIA KOSTOULAS.
Location of Property: 1035
Aquaview Avenue, East
Marion, NY; County Tax Map
Parcel No, 1000-21-2-13. This
property is nonconforming as
to total lot area in this R-40
Zone Distridt.
Appl No. 4098 - (Continued
Hearing) This is a request for
a variance under Article
XXIll, Section 100-239.4 for
approval of a deck extension
located within 100 feet of the
bluff of the Long Island
Sound.
A
ppi No. 4248- This is a
quest for a variance under Ar-
ticle IliA, Section 100-30A.3
for approval of a deck addi-
tion with insufficient side yard
12. 8:35 p.m. Appl. 4247-
HUGH T. and CAROL L.
CONROY. This is a request
for a Special Exception to
establish an Accessory Apart-
ment in conjunction with the
owner's occupancy within ex-
isting residence as authorized
under Article III, Section
100-30A.2B and Section
100-31B(14) of the Zoning
Code. Location of Property:
~Westerly side of Gin Lane,~
Southold, NY; also referred to
as Lot No. 2 on the Subdivi-
sion Map of Bay Haven filed
in the Suffolk County Clerk's
Office as Map 2910; further
identified on the County Tax
Maps as 1000-88-3-6.
13. 8:55 p.m. Appl. No.
a~'~o-
*-,-r~D AD~LI~N SY'VERSON~
This is a request for a varianc~
under Article ILIA, Section
100-30.1 based upon the May
2, 1994 Notice of Disapproval~
by the Building Inspector for]
approval of the proposed in-
sufficient lot area and insuffi-
cient lot width of proposed
Parcels No. I and No. 2. Loca-
tion of Property: Pdyate Road
No. 17 extending off the
easterly side of Camp Mineola
Road, Mattituck, NY; Coun-
ty Tax 'Map Parcel No.
1000-123-6-17. The .subject
premises contains a total lot
area of approximately 1.2
acres in total area and is
located in the R-40 Low-]
Density Residential ZoneI
District. I
The Board of ApI~eals will
at said time and place hear any
and all persons or represen-.
tatives desiring to'be heard in
the above matters. WrittenI
comments may also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or
need to m:luest more informa-
tion, please do not hesitate to
call 765-1809 or visit our
office.
Dined: May 23, 1994
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN .
By: Linda Kowalski
IX'5/26/94(40!]
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn,
says that she is the Editor, of the
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
Traveler-Watchman once each week
for /
............................. weeks
success~vely, commencing on the
S~w_~n to before me on this
....---~;...day of
.......... ...~.. ~ ........... , ~9~?
Notary Public
BARBARA k SCHNEIDER
NOTARY PUBLIC, State of Ne~
No. 4806~46
Qualified in Suffolk Com~
Commission Expir~ $"/3//~
-- NOTICE OF
pUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuam to 8cclion 267 of the Town
Law and the Code of Ihe Town of
Southold, thai the following public
hearings will be held by the
SOUTHOLD TOWN BOARB OF
APPEALS. at the Southold Town
Hall, 53095 Main Road, Soulhoid,
New York 11971, on WEDNESDAY,
JUNE S, 1994, commencing at the
time specified below:
I. '/:30 p.m. Appl. No. 4235 --
KlM PALLON and CYNTHIA
SUTRYK. (Hearing Continued from
May 4, 1994). This is a request for a
variance based upon the April 4, 1994
Notice of Disapproval from the
Building Inspector to locate accessory
building in the front yard area.
Location of property: 3200 Soundvicw
Avenue. Martituck, NY; County Tax
Map parcel 1000-94-2-5.
2. 7:35 p.m. Appl. No. 4234 --
than he required 40 ft. front yard ~t-
back. This parcel is noncol~ining
with a lot area of aPpr°~,,~2
Location of p~operty: 9~0 West Creek
Avenue. Cutchogue. NY; County Tax
3. 7:40 p.m. Appl. No. 424
LKC CORP. and .lAS'FA, [NC. This
is a requast for a Special Exception for
permission to establish a drinking
establishing usc as lis~d under Article
XL Section 100-I01B in an existing
pefinc Ga build ne. The subject p~mis,
s is I~orconforming w h a ot area of
ft. frontage along the north side of the
Main Road and is located in the B,
General Business Zone Dlstrict.~
Property Address: 6955 Main Road,
Laurel, NY; County Tax Map No.
1000-122-6-36.
4.7:50 pm. Appl. No. 4245 --
GEORGE and SUSAN TSAYARIS.
This is a request for a variance under
Article XXIII. Section 100-239.4A for
permission to locate swimmlngpool
the bluff of the Long Island Sound.
Location of Property: 2170 The
Strand, Lot 111 at Pebble Beach
Farms, East Marion, NY; Parcel ID
No. 1000-30-2-53.
5. '/:55 p.m. AppL No. 42445E ~-
DEPOT ENTERPRISES, [NC. This
is a request for a Special Exception. as
amended, to include approval for the
location and use of a proposed addi-
tion to thc existing principal building
located at 320 Depot Lane, Cuichogue,
New York. The proposed addition is
ational memhership club and is located
in the ResidentiaI-OfEce (RO) Zone
District. property ID No. 1000-102-2-
SANFORD and SUE HANAUER.
This is a ~eqecst for a Special Excep-
lion to establish and operate a Bed and
B~eakfasl in accordance with the pro~.
visions of the zoning code at Article
IlL Section 100-31B(15), with owner-
occupancy, and as an accesso~ to the
existing principal residence. Location
of Property; 4105 Soundview Avenue,
Mattituck, NY; County Tax Map
parcel No. 1000-94-3-part of l.?, also
known and referred to as Lot No. 2 on
the Subdivision Map of Robert and
Jean Lenzer.
JOHN CROKOS. This is a request
for a variance under Article XXIX.
Section 100-239.4A based upon the
May 4, 1994 Notice of Disapproval
from he Building inspector for per-
mission to locate swimmingpool with
fence enclosure within 100 feel of thet
bluff along the Long Island Sound.
This property was the subject of prior
Appeals under AppL No. 4204 as ren-
dered 12/8/93 and AppL No. 4140
rendered 2123/93. The subjeci prenus-
es is improved with a single-family
dwelling and contains an area of
approximately 40,000 gq. ft. (total lot
area}. Location of Property: 2110
Grand View Drive, Orient, NY; Lot
No. 7 on the Map of Grand View
Estates; County Tax Map Parcel No.
8. 8:15 p.m. Appl. No. 4241 --
RICHARD LAN. This is a requesi for
a variance under Article IliA. Section
100-30A.4 (ref. Article ill. Section
100-33) based upon the May 4. 1994
Notice of Disapproval from the
Building Inspector in a building pe~nit
application to conslruct pool and deck
use. Location of Property: 230 Bddge
Lane, Culchogue, NY; County Tax
1.5 (Tax Map parcel No. 1.4 totals
2.478 acres and Parcel No. 1.5 totals
1.088 acres}. The subject premises is
located in an R-40 Low-Density
Residential Zone Distrlet.
9. 8:20 p.m. Appl. No. 4243 --
MOORE'S LANE HOLDING
CORP. This is a request for a variance
0nder Article V Section 100-53B,
Section 00-3lC(tel Section 100-33}
four feet wMn Iocaled m a ·
area, Location of property: 475
Cedarfields Drive, Oreenporl, NY;
5- 1.42. Thc subj P~
MARIA KOSTOULAS' Location of
7945-~ITMy26 '~'~ / ,-
f THE SD~FOLK T~, a
at ~tfltuck, ~
Co~ of ~o~ and
, ~d ~at the Nofl~ ~ w~
p~t~ copy. h~ b~n m~-
once ~ch w~k
commenC~ O~
Principal Clerk
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF I
PUBLIC HEARINGS
NOTICE IS HEREBY:
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of.
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWNI
BOARD OF APPEALS, atI
the Southold Town Hail,
53095 Main Road, Southold,
New York 11971, on
WEDNESDAY, MAY 4, 1994,
commencing at the times
specified below:
1.7:30 p.m. Appl. No. 4223
CLAUDE SHER. This is a re-
quest for a variance under Ar-
title XXIII, Section 100-231, '
based upon the April 7, 1994
Notice of Disapproval from
the Building Inspector for a
building permit to erect fenc-
ing around a proposed tennis-
court structure which will ex-
ceed the maximum height re-
quirement of the code when
located in the front yard.
Location of Property: 1480
Old Woods Path, Southold,
NY; County Tax Map Parcel
No. 1000-87-1-21.
2. 7:33 p.m. Appl. No. 4236 -
ELEFTHERIOS PAPPAS
and OTHERS. This is a re-
quest for a variance under Ar-
'dele XXIII, Section 100-231,
based upon the April 19, 1994
Notice of Disapproval (up-
bated from September 21,
11992) for a permit to construct
:fence/gate and gate post which
!will exceed four-ft, height re-
~quirement when located in the
front yard. Location of Pro-
40 p.m. Appi. No. 4235 -
FALLON AND CYN-
THIA SUTRYK. This is a re-
quest for a variance under Ar-
ticle III, Section 100-33, bas-
ed upon the April 4, 1994
Notice of Disapproval for a
permit to construct accessory
building in the front yard area.
Location of Property: 3200
Soundview Avenue, Mat-
tituck, NY; County Tax Map
Parcel 1000-94-2-5.
5.7:45 p.m~ Appl. No. 4231 -
ALEX AND AFRODITE
BOUKAS. This is a request
for a variance under Article
VII, Section 100-71B(2) which
requires a lot area of 40,000
sq. ft. per Special Exception
use category in the
Residential-Office Zone
District. The subject premises
is nonconforming containing
21,051 sq. ft. in area and 97.76
ft. in lot width. Location of
Property: 14695 Main Road,
Mattituck, NY; County Tax
Map Parcel No. 1000-114-8-5~
6. 7:45 p.m. Appl. No. 4230SE;
- ALEX AND AFRODITE
BOUKAS. This is a request
for a Special Exception under
Article VII, Section ic~
100-71B(2) for the proposed
conversion of an existing'
single-family dwelling to pro-
fessional office(s) in this
Residential-Office Zone
District. Location of Proper-
ty: 14695 Main Road, Mat-
tituck, NY; County Tax Map i
Parcel No. 1000-114-8-5. ~
7.7:52 p.m. Appl. No. 4217 -:
THOMAS PULS and DON- I
NA RICCO. (Carryover from
March 2, 1994). This is a re-,
quest for a variance under Ar- I
tide III, Section 100-33 for,
petty: 68755 C.R. 48, Green-
port, NY; County Tax Map
Parcel No. 1000-33-5-14.
3.7:35 p.m. Appl. No. 4232 -
THOMAS PALMER and
JOAN GIBBS. This is a re-
quest for a variance under Ar-
ticle ILIA, Section 100-30A.3,
based upon the March 2, 1994
Notice of Disapproval for a
lot-line change of two substan-
dard parcels, having insuffi-
cient area and width as exist
and as proposed. Location of
Property: 2140 and 2200 Deep
Hole Drive, Mattitock, NY;
County Tax Map Parcels
1000-123-4-4 and 5.
permission to locate swimm-
!ng pool with fence enclosure
m an area other than the re-l
quired rear yard or required!
front yard. Location of Pro-
perty: 1350 Eugene's Road,
Cutchogue, NY; County Tax
Map Parcel No. 1000-97-6-1.2.
8. 7:55 p.m. Appl. No. 4234 -
ALEX AND MARION
WlPF. This is a request for a
variance under Article III,
Section 100-33C for permis~
sion to locate an accessory
garage with a frontyard set-
back at less than the required
40 ft. front yard setback. Thin
parcel is nonconforming with
a lot area of approximately.I
22,000 sq. 'fi: a~iontage (lot [
width) Of 118 t~bcation of [
PropeYty: 940 West Creek l
Avenue, Cutchogue, NY;!
County Tax Map Parcel NO.
1000-103-13-7.
9. 8:00 p.m. AppL No. 4238 -
JON C. KERBS. This is a re-
quest for a variance based
upon the April 18, 1994 Notice
of Disapproval for a permit to
alter roof line for a height
above the 18-foot limitation in
a preexisting accessory
building with garage and ren-
tal apartment (Pre-C.O. Noitf~
Z6034 isaued 8/1/74); Article
IIIA, Section 100-30A.4 (ref.
100-33). Location of Property:
440 Riley Avenue (previously
known as 590 Riley Avenue),
Mattitock, NY; County 'Pax
Map Parcel No. 1000-143-4-10.
10. 8:05 p.m. Appl. No. 4226
- THOMAS KELLY. (Car-
ryover from last hearings
calendar).
11. 8:10 p.m. Appl. No. 4203
- KIM CAMPBELL. (Third
and Final Hearing). This is a
request for a variance under
Article based upon the
November 30, 1993 Notice of
Disapproval for a permit to
reconstruct new accesory
building, which replaces an ac-
cessory building existing prior
to September 1993 - and which
contained a nonconforming
guest cottage use as an ac-
cessory to the main residence
(see Pre-C.O. No. Z5912 dated
5/15/74). Location of Proper-
ty: Private Road at East Har- i
bor, Fishers Island, NY; Coun-
ty Tax Map Parcel No.
1000-4-4-16.
12.8:15 p.m. App-l. No. 4203SE
- ROBERT E. BIDWELL.
This is a request for a Special
Exception under Article III,,
Section 100-31B(13) for ap-'
proval of winery uses in ex-
isting building and proposed
building. The site plan shows
that the property is situated
along the south side of C.R.
48, Cutchouge, NY, is zoned
Agricultural-Conservation,
and is identified on the Suf-
folk County Tax Maps as
100-96-4-4.3 containing 15.4 +
acres.
13. 8:25 .p.m. Appl. No. 4237
ROBERT PELLIGRINI.
This is a request for an
amendment to Special Exgep-
tion No. 4065 (rendered
January 23, 1992, for the pro-
cessing of grapes grown at the
premises and sales of grape
wine), to convert a portion of
existing building as a cooking
facility (kitchen) for private
use. Location of Property:
23005 Main Road, Cutchouge,
NY; County Tax Map Parcel
No. 1000-109-1-8.7.
14. 8:35 p.m. Appl. No. 4218
- JOHN STRIPP. (Carryover
from last hearing calendar.)
Variance for front yard set-
back of new dwelling. Private
Road, Fishers Island.
1000-7-2-9.
15. 8:35 p.m. Appi. No. 4220
- JOHN STRIPP. (Carryover
from last hearing calendar.)
Variance to locate accessory
swimming pool with fence
enclosure in the front yard.
Private Road, Fishers Island.
1000-7-2-9.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written
comments may also be gub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or
need to request more informa-
tion, please do not hesitate.to
call 765-1809 or visit our
office.
Dated: April 19, 1994.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD
OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
.R'~Z 'By Linda Kowalski
1X4/21/94(80)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn, says tbat she is the
Editor, of THE LONG ISLAND TRAVELER-WA1CHMAN,
a public newspaper printed at Soutbold, iP SuHoik County;
and that the notice of :',,hich the annexed is a printed copy,
bas been published in sa~d Long [sian,'1%aveler-Watchman
once each week for / weeks
successively, commencing on tile
d.y o, ...... .......
Sworn to before me this ........... ~'~'.i'''... day of
15)..
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of t,'-e;'~ Yor~
~t?~; ~d in S=HOa~ Cot~y /
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of lhe Town
Law and the Code of the Town of
Soulhold, that the following public
hearings will be held by the
SOUTHOLD TOWN BOARD OF
APPEALS. at the Southold Town
Hall. 53095 Main Road. Southold.
New York 11971. on WEDNESDAY,
MAY 4, 1994, commencing at the
times specified below:
CLAUDE SHER This is a request for
a variance under Article XXIII.
Section 100-231, based upon the April
7. 1994 Notice of Disapproval from
the Buikling Inspector for a building
pem~0 to erect fencing around a pro-
Old Woods Path. Soulhold. NY;
County Tax Map Parcel No. 1'000-87-
STATE OF NEW YORK)
) SS:
f~0UNTY OF SUFFOLK)
(~t~_ ~p.. ~ of Mattituck, in
said County, being duly sworn, say~ that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper, published at Mntfltuck, in
the Town of Southold, County of Suilolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once e~eh week
for I weeks successively, COmm~n~.~ on
the ,2. l day of ~)lfl I 19~.
RICCO. (Ca~yover from March 2, building and propo~d building. ~e JOHN ~. (C~ovcr from ~
1994). This is a request for a variance
under Article IlL Section 100-33 for
permission to locate swimmingpool
with fence enclosure in an area other
site plan shows that the properly is sit-
ualed along the south side of C.R, 48.
Culchogue, NY, is zoned Agricultural-
Comervation, and is identified on the
Suffolk Coumy Tax Maps as 1000-96-
,L43 Cgmaining 15.4± acres.
q3. 8:25 p.m. Apph No. 4237 --
ROBERT PELLIGRINL This is a
request for an amendment to Special
Exception No. 4065 (rendered January
23, 19~., for Iht processing of grapes
grown at [he premises and sales of
grape ~ine), to convert a portion of
hearing calendar.) Variance to locate
accessory swimmingpool with fence
enclosure in Iht front yard. Private
Road, Fishe~ Islmd. 1000-7-2-9.
The Board of Appeals will al said
lime and place hem' aay and all per-
sons or rep~":~.matives desiring to bo
Comments may also be submitled prior
to the conclusioa of the subject hear-
ing. Each hearing will not slat~ before
thc times dcsigmued above, If you ,
wish to review Ibc files or need to
GIBBS. Th s is a request for a vari- frontyard setback at less than the
ance under Ankle IliA, Section 100- required 40 ft. from yard setback. This
30A.3, based upon the March 2. 1994 parcel is nonconforming wilh a
Notice of Disapproval for a lot-line area of approximately 22,000 sq. ft.
change of two substandard parcels,
haying insufficient area and widlh as
ex,st and as proposed. Location of
Propony: 2140 and 2200 Deep Hole
Drive. Mattiluck, NY; County Tax
Map Panels 1000-123-4-4 and 5.
4. 7:40 p.m. Appl. No. 4235 --
KlM FALLON and CYNTHIA
SUTRYK. This is a request for a vari-
ance under Article Ill, Section 100-3.~,
and frontage (lot width) of 118 fl.
Location of Properly: 940 West Creek
Avenue, Culchogue, NY; County Tax
Map Parcel No. 10(~-103-13.7.
9, 8:00 p.m. Appl. No. 4238 --
JON C. KERBS. This is a request for
a variance based upon the April 18,
1994 Notice of Disapproval for a per-
mit to alter roof line for a height above
the 18-fool limitation in a preexisting
based upon the Ap~l 4, IgO4 Notice of accessory building with garage and
Disapproval for a permil [o const~ct ~ntal apanmen (Pre-C O No Z6034
~re* -- -~ .,, ..- : ,~,,~ssued 8/I/74}; Ankle IliA Section
, , a.uca~m~,fPlopenj~"~20O 100-30A.4 (rcf. 100-33). Location of
Soundview Avenue. Mattituck, NY; ~ Property: 440 Riley Avenue (previous-
County Tax Map Parcel 1000-94-2-5. ly known as 590 Riley Avenuel,
S, 7:45 p.m. AppL No. 4231 -- Mattituck, NY; Counly Tax Map
ALEX and AFRODITE BOUKAS. Parcel No. 1000-143.4-10.
This is a request for a variance under 10. 8:05 p.m. Apph No. 4226 --
Article VII, Section 100-71B(2I which THOMAS KELLY. (Canyover from
requires a lot area of 40,000 sq, ft. per last hearings calendar).
Special Exception use category in the : I I. 8:10 p.m. Apph No. 4203 --
Residential-Office Zone Districl. Thc
subject prendses is nonconformin~
containing 21,051 sq. ft. in area and
97.76 ft. in lot width. Location of
Property: 14695 Main Road.
Maltiluck, NY; County Tax Map
Parcel No. 1000-114-8-5.
6. 7:45 p.m. Appl. No. 4230SE --
ALEX and AFRODITE BOUKAS.
This is a request for a Special Excep-
lion under Article VII. Section 100-
71Bf2) for Ihe proposed conversion of
an existing single-family dwelling to
professional office(si in this Resi-
dential Office Zone Disu'ict. Location
KlM CAMPBELL. (Third and Final
HearingJ. This is a request for a vari-
ance under Article based upon the
Ngvember 30. 1993 Nolice of Disap-
provai for a permit to reconslruct new
accessory building, which replaces an
accessory building existing prior to
Seplember 1993 -- and which con-
lathed a nonconforming guest collage
use as an accessory ~o the main resi-
dence (sec Pre-C.O. #Z5912 dated
5/15/741, Location of Property: Private
Road al Easl Harbor, Fishers Island,
NY; County Tax Map Parcel No.
1000-4-4-16.
of Property; 14695 Main Road, 12. 8:15 p.m. AppI. No. 4203SE __
M:'4~l~ck, NY; Counly Tax Map ROBERT E. BIDWELL This is a
P ~-1!4-8;5. requcs! fora Special Exception under
"~.N.o. 4217 -- Article IlL Seclion 100-31B(13) for
. ~,~A approval of winery uses in exisdng
cxisling!building as a cooking facility
(kitchc~ for private use. Location of
Properly: 23005 Main Road;
Cutcbogue, NY: County Tax Map
Parcel Nb. 1000-109-1-8.7.
14. 8:35 p.m. Apph No. 4218 --
JOHN ~FRIPp. (Canyover from lesl
heanng ~alendar.) Variance for front
yard selback of new dwelling. Private
Road, Fishers Island. 10~0-7-2-9.
15. 8:35 p.m. Appl. No. 4220 --
request more infmmarion, please do :
not hesitate to call 765-1809 or visit '
Daled:Aprillg, 1994. ' '::*~'? ~ ?, -
BY ORDER OFTHE SOUTHOLD
TOWN BOARD OF APPEALS , '.
:-~ ~ -:--' GERARD p. OOEHRINGER
~ ~ :~ = CHAIRMAN
:~ -' -'~- By Linda Kowalski
,7915- ITA21 ,
, -:::g. ·
Copies of Legal Notice s~ent to the following 5/24/94:
Cynthia Sytruk and Kim Fallon
55 Harbor View Avenue
Mattituck. NY 11952
Mr. and Mrs. Alex Wipf
940 West Creek Avenue
Cutchogue, NY 11935
LKC Corp.
P.O. Box 843
Jamesport. NY
119~7-0843
Mr. and Mrs. George Tsavaris
2170 The Strand
P.O. Box 385
East Marion, NY 11939-0385
Dr, Joseph Lizewski
Depot Enterprises. Inc.
320 Depot Lane
Cutchocjue. NY 11935
Mr. and Mrs. Sanford Hanauer
4105 Soundview Avenue
P.O. Box 281
Mattltuck, NY 11952-0281
Attn: Keith
Keller-Sandgren, Associates
10 Mineola Avenue
Roslyn Heights. NY 11577
Mr. James Fitzgerald
P.O. Box 617
Cutchogue. NY 11935-0617
Moore's Lane Holding Corp.
P.O. Box 1143
Cutchogue. NY 11935-1143
Patricia C. Moore. Esq.
P.O. Box 23
Westphalia Road
Matt'ituck. NY 11952-0023
Mr, and Mrs. Hugh T. Conroy
380 Gin Lane
Southold. NY 11971
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham~ NJ 07928
Scheffs Trust
3100 Soundview Avenue
Mattituck, NY 11952
M/M Demetrio Laveglia
97-24 116th Street
Richmond Hill. NY 11419
Copies to TB, BD, PB, TA Departments
Copies of Legal Notice se~to the followlng;6/27/94:
Cynthia Sutryk and Kim Fallon
55 Harbor View Avenue
Mattituck. NY 11952
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham; NJ 07928
Scheffs Trust
3100 Soundview Avenue
Mattituck. NY 11952
M/M Demetrio ,Laveglia
97-24 116th Street
Richmond Hill. NY 11419
Mr. and Mrs; William Childs
1780 Peconic ,Bay Boulevard
P.O. Box56
Laurel~ NY 11958-0056
Mr. and' Mrs.
P,O. Box 920
Mattituck. NY
Dennis Bannon
11952-0920
Mr. Mark' Davis
Mattltuck. NY 11952
Mr. William Kelly
{Builder for Wissemanns-)
22355, Cox Lane~ Unit ~4
Cutchogue~ NY 11935
Mr. and Mrs. John,,Wissemann
P.O. Box 524
Southold. NY 11971 [for forwarding to Germany)
Charles J. Bleifeld, M.D. {Owner- of' 50' ROW; north ' of Wissemanrt)
North Shore Orthopedic SurgeFy
48 Route 25A, Suite 106
Smithtown, NY 11787
Patricia C. Moore,- Esq. (Re. Morsch)
P.O. Box 23
Westphalia. Road
Mattltuck, NY 1195'2-0023
Copies to Town Clerk (TB g TA). P.B. and,Building. Department
Copies of ZBA files, as of date of filing; to ZBA Membe~s-6/24/gu~
for inspections
Posted on Town Clerk Bul,letin 'Board 6/27/9[~
Delivery to Local Newspapers (Traveler-.& Times 6/27/90,)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 24, 1994
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
TO:
RE:
Applicants
Public Hearings - June 8. 1994
Dear Sir or Madam:
We are in receipt 'of your recent -application under the Southold,Town.Zoning
Ordinance and. have forwarded notice for publication this week to the,local and
official newspapers of the. Town, to wit: Long Island, Traveler 'and- Suffolk
Times.
Copies of your file have been distributed to the .Board Members for additional
review, and individual on-site inspection; expected within-the next 10 to 14
days. If you have not already staked the proposed new construction, we
ask that you please do so immediately.
It is requested that one of the property owners, or if the. property owner is
not available~ then someone: fully familiar with the property, appear .at the
public hearing, at. the time specified in the attached Legal. Notice. If your
presentation, should be lengthy, a draft or final written copy is always
appreciated. You should feel free to submit additional~ documentation to
support this application 'at any time before; or during, the.public hearing~
Please: do not hesitate to call our office if you~ have questions concerning
your application or related matter.
Yours very truly,
Linda Kowalski
Clerk. Board of Appeals
Enclosure
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 19. 1994
Town Hall, 55095 Main Road
P.O. ]~x 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
RE:
Applicants
Public Hearings - May q. 1994
Dear Sir or Madam:
We are in receipt of. your recent application under the Southold Town. Zoning
Ordinance and: have,forwarded notice for publication this,week to the local and
official newspapers of the Town. to wit: Long Island Traveler and Suffolk
Times.
Copies of your file have, been distributed to the Board Members for additional
review and individual on-site-inspection, expected within-the next 10~ to 1~,
days. If you have-not already , staked the proposed new. construction.- we
ask that you please do so immediately,
It is requested that one,of the property owners, or if the property owner is
not available, then someone fully familiar with the property, appear at the
public, hearing at the time specified in the attached Legal Notice. If your
presentation will be lengthy, a draft or final written copy. is always
appreciated. You should feel free to submit~ additional, documentation to
support this application at. any-time before, or during, the public,hearil~j.
If you have any questions, please call our office.
Yours very truly.
Linda Kowalski
Clerk. Board of Appeals
Enclosure
BOARD OF~A~AApPEALS' TOWN OF SOUTHOLD~_,,
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request;~~pecial Exception) (Special Permit) (Other) [c±rcle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ~oo -~ o~' ,'v'Z) I/'.,Z-~'~,.J
·
3. That the property whic~h is the subjec~ of such Petition is located.in., ?.e. fol~lowin~z~oning di,strict:
4 That b'~ such Petition, the undersigned will request the following relief:
~ . .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
sighed are Article 2~ Section /,~0-33 .
I [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in lhe Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7, That hefure 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, ndwspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:' /'/-//: ~'
Petitioner
Owners ' Names:
Post Office Address
Te]. No.
[Copy of sketch or
purposes.]
plan showing proposal
to be attached:foP ,convenience
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Z i~35 7D6 DEE
F>Receipt for
Certified Mail
NO Insurance Coverage Provided
(See Reverse}
State and ZIP Code
Posle§e
Return Receipt Showing
Whom & Date Delivered
Return Receipt Showing to Whom,
Date and Addressee's Address
TOTAL Postage
& Fees
tmark or Date
Z E35 7D& BE~
Receipt for
- Certified Mail
No Insurance Coverage provl
~ Do not use for International
~'~'~ (See Reverse) -- _
Street 8nd NO , ~l.
Z ~35 ?D6 ~
Receipt for
Certified Mail
No InSurance COVerage Pro
Do not use f . vided
or International Mail
~66L q~ '008~ mJ~ Sd ~ -, ~-' ' ~ ~
~f~,'/.~ ~ ~ ZlfS~ ". ..... ~ayst~aton[h~/~ day
of ~f~,'~ ,]9 ~ . de~u.en[ mailed a true copy of [he Notice sez forth on the re-
verse side hereof, directed [o 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 addresse~ of said persons as shown on
the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of-
fige2~ _ x~ ~,' ~ ;that said Notices were mailed to each of said persons by
~ettifie~ (registered) mail. ~ .
Sworn to before me this /~,~
day of ~,~ .19 ~'-~
'~otary Pub(lc
UNDA J..COOPER
Notary Public, State of New York..,
No. 4822563, Suffolk Cou~ty~ ()! /
Term Expires Dec~ 31, 19....'~."-~
transmitted
to adjoining
(This side does not have to be completed on form
property owners.)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
$outhold Town Zoning Board of Appeals
FROM: Judith T. Terry. Southold Town Clerk
DATED: April 12. 1994
RE:
Zoning Appeal No. 4235 - Klm Fallon and Cynthia Sutryk
Transmitted herewith is Zoning Appeal No. ~235 KlM FALLON and
CYNTHIA SUTRYK for a variance. Also included is: Notice of
Disapproval from the Building Department, dated April 4, 199u,;
Notice to Adjacent Property Owners; survey; Short Environmental
Assessment Form; and ZBA Questionnaire.
Judith T. Terry
Southold Town Clerk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
AFFIDAVIT OF MAILING
Linda Kowalski. residing at Matittuck. New York. being:duly
sworn, deposes and, says that on the,27th day of June; 1994,.
deponent deposited a true copy of the Legal Notice of Hearings (to be
held July 14. 1994 by the Board of Appeals of the Town of
Southold.) with the Mail Delivery Room of the Southold Town Hall, to
the following persons at the addresses set oppesite their respective
names; that the addresses set opposite ,the names of said persons
are the addresses of said persons shewn on, the current assessment
roll of the Town of Southold; that said Notices were mailed at-the
United States Post Office at Southold, NY,
Lfnda Kowalski
Sworn to before ,me this
day of June~ 1994.
Notary Public
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
July 19, 1994
Cynthia Sutyrkand
Klm FaHon
5 Harbor View Avenue
Mattituck, NY 11952
Re: Appl. No. 4235 - Variance for Barn Building
Dear Ms. Sutryk and Ms. Fallen:
Please find enclosed a copy of the findings and determination rendered
after the rehearing was concluded on Thursday evening by the Beard of
Appeals concerning your variance application, together with a copy of the
previous findings and determination rendered at the Beard's June 8, 1994
Re~u~r Meeting.
No building construction activities are permitted, and you are required
to return to the Building Inspector for completiozfaction ofbuilding permit
application and supporting documents and for issuance of a building permit
by the Building Inspector for this barn building and corral structures. As
you know, the pmynouse structure under construction must be removed to a
proper location and a building permit will also be necessary for that
structure. We have furnished copies of this approval to the Building
Department office for their update on their Notice of Disapproval and for
permanent recordkeeping purposes.
Very truly yours,
Enclosure
Copies of Decision to:
Town Building Department
Mr. and Mrs. David DiSalvo
Mr. and Mrs. Demetrio LavegHa
Linda Kowalski, Clerk
Beard of Appeals
& DOROTHY
N/o/F MAUREEN BEIRTH
SOUND ' vIEW A
N 71° 03' 30" E
2gl8.64'
5.32 acres
' I~AP
S 65' 35' 50" W
· t
i AssOClATE$
SUNBE~U
SUFFOLK CO. HEALTH DEPT, APPROVAL
H,S, NO.
STATEMENT OF INTENT
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO, DEPT OF HEALTH SERVICES.
(SI
APPLICANT
SUFFOLK COUNTY
SERVICES -- FOR
CONSTRUCTION ONLY
APPROVED:
DEPT. OF HEALTH
APPROVAL FOR
SUFFOLK CO. TAX MAP DESIGNATION:
DIST. SECT. BLOCK PCL
OWNERS ADDRESS:
55' z¢,.;.".~'o~' ~?;~e~ ~'~.
DEED: L. P.
TEST HOLE STAMP
SUFFOLK CO. HEALTH DEPT· APPROVAL
H.S. NO.
STATEMENT OF INTENT
THE WATER SUPPLY AND SEWAGE DISF~DSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO DEPT. OF HEALTH SERVICES.
(Si
APPLICANT
SUFFOLK COUNTY DEPT. OF HEALTH I
SERVICES -- FOR APPROVAL FOR
CONSTRUCTION ONLY
DATE:
APPROVED:
SUFFOLK CO TAX MAP DESIGNATION:
DIST. SECT BLOCK PCL
5-6- ,:,.. r~'-.:~,-L~';.,: ~;;
Z
,ooo 094