HomeMy WebLinkAbout4083
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4083.
Application of LEONARD AND DONNA SCHLEGAL. Variance to the
Zoning Ordinance, Article XXIII, Section 100-231, for approval of
fence exceeding the maximum four-foot height requirement in the
front yard area and located along the northerly side property
line. Location of Property: 1475 Home Pike Road, Mattituck, NY;
also shown on the "Map of Point Pleasant," filed in the Suffolk
County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot
Nos. 13, 14 and part of 12 (containing 2.563 acres of total lot
area); County Tax Map Parcel No. 1000-114-1-15.1.
WHEREAS, a public hearing was held on March 5, 1992, and all
those who desired to be heard were heard and their testimony
recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant is requesting approval of
the placement of a stockade fence in the front yard area extending
from the front property line in an easterly direction approxi-
mately 185 feet (along the northerly side property line.
2. The premises in question contains a total lot area of
approximately 88,900 square feet - as shown on the set-off map
approved by the Southold Town Planning Board on August 18, 1982
(for Parcel 01). This parcel is located in the R-40 Zone District
and has a frontage (lot width) along Home Pike Road of 121.14
feet. Access to this property is over Home Pike Road, a private
road, which was the subject of a conditional 280-A approval under
New York Town Law rendered September 39, 1982.
3. The subject premises is improved with a two-story frame
house situated approximately 185 feet from the front (westerly)
Page 2 - Appl. No. 4083
Decision Rendered March 5, 1992
Matter of LEONARD AND DONNA SCHLAGEL
property line, and 15.5 feet from the northerly (side) property
line at its closest points.
4. Article XXIII, Section 100-231 of the Zoning Code
provides that:
Fences ... within five (5) feet of the property
lines may be erected and maintained, subject to
the following height limitations:
A. When located in the front yard along the
front lot line, the same shall not exceed four
(4) feet in height.
B. When located along side and rear yards, the
same shall not exceed six and one-half (6-1/2)
feet in height.
C. When located other than in the front yard
area or along side or rear lot lines, the same
shall not exceed eight (8) feet in height.
5. The fence area which is the subject of this variance
application is that area located in the front yard, along the side
property line, extending approximately 185 feet in length. The
fence area beyond this front yard area does not require a variance
since the height will conform to subsection B of Section 100-231.
6. It is the position of the Board in considering this
application that:
(a) the circumstances related to the land and building
are unique - the minimum requirement in an R-40 Zone District for
the front yard setback is 50 feet, and the principal dwelling as
exists is set back more than three times the minimum requirements,
increasing the size of the limited front yard areas;
(b)
requirement,
feet~;
the relief is substantial in relation to the
being a variance of 50% {from four feet to six
(c) the relief as granted will not be an increase in use
density and is intended for screening and privacy purposes;
(d) the relief, as alternatively granted, is not
unreasonable and is due to the uniqueness of the property as noted
previously;
Page 3 - Appl. No. 4083
Decision Rendered March 5, 1992
Matter of LEONARD ANDDONNA SCHLAGEL
(e) although there is an alternative for appellants to
pursue, the appellants' request is not unreasonable and is
practical under the circumstances;
(f) the variance, as alternatively granted, will not in
turn be adverse to the safety, health, welfare, comfort,
convenience, or order of the town, be adverse to neighboring
properties, or alter the essential character of the neighborhood.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY the relief as requested for a six foot fence
the entire 185 ft. length, and BE IT
FURTHER RESOLVED, to GRANT an alternative permitting the
following fence height relief:
(1) the first 24 ft. extending easterly from the front
property line (at Home Pike Road) have a gradual reduction in
height from the six ft. height to a height of 4'6" {for better
visibility for vehicles exiting the premises).
(2) there be no extensions for fencing along or within other
front yard areas above four feet (only that as granted for the
northerly {side} property line in the front yard area).
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio,
Villa and Goehringer. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER/ CHAIRMAN
/
RECEIVED AND FILED
THE SOUTHOLD ~,~" ;" ........
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen,
James Dinizio, ,Ir.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTY L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall,
New York 11971, on THURSDAY, MARCH 5,
times specified below:
53095 Main Road, Southold,
1992 commencing at the
(1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance
(hearing reconvened). For permission to establish business
sales office in addition to existing uses as an owner-occupied
two-family dwelling with manager's quarters. The lot area
applicable to each use in this Hamlet-Business Zone District is
20,000 per unit/use. The lot as exists is nonconforming for the
existing principal uses having a total lot area of 20,129+- sq.
ft. Location of Property: 795 Pike Street, Mattituck, NY;
County Tax Map Parcel No. 1000-140-2-23.
Page 2 - Legal Not
Hearings for March 5, 1992
Southold Town Board of Appeals
(2) 7:35 p.m. Appl. No. 4083 LEONARD AND DONNA SCHLEGAL.
Variance to the Zoning Ordinance, Article XXIII, Section
100-231, for approval of fence exceeding the maximum four-foot
height requirement in the front yard area and located along the
northerly side property line. Location of Property: 1475
HomePike Road, Mattituck, NY; also shown on the "Map of Point
Pleasant" filed in the Suffolk County Clerk's Office on May 17,
1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12
Icontaining 2.563 acres pf total lot area); County Tax Map
Parcel ID No. 1000-114-1-5.1.
(3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR.
Variances to the Zoning Ordinance, Article XXIV, Section
100-244B, for permission to reduce setbacks, and Article XIV,
Section 100-142, for lot coverage at more than thirty (30%)
percent of the total lot area. Applicant/owner is proposing to
locate a proposed principal storage building in this Light
Industrial (LI) Zone District and will be required to obtain
approval from the Southold Town Planning Board concerning the
site plan regulations applicable for this nonconforming lot.
Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map
of Peconic Bay Estates, Lot No. 176; County Tax Map ID No.
1000-53-2-9.
(4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3, for
Pdge 3 - Legal Notic~
Hearings for March 5 , 1992
Southold Town Board of Appeals
approval of open porch (deck with roof) replacing previous deck
structure, with an insufficient rear yard setback and lot
coverage at more than twenty (20%) percent of the total lot
area. This parcel of land is located in the R-40 Zone District
and is nonconforming as to lot area (containing 3201 sq. ft.),
width at 45 feet, and lot depth at 71.41 feet. Location of
Property: 319 Champlin Place, Greenport, NY; County Tax Map
Parcel No. 1000-34-3-41.
(5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a
Variance to the Zoning Ordinance, Article X, Section 101B(12)
and Section 100-102, Bulk, Area and Parking Schedule, for
permission to establish retail sales of packaged food and
non-food items as usually found in a convenience store, as an
accessory to the existing gasoline service station, eliminating
the service and repair areas (which were conducted in the
existing bay areas of this one-story building.) Subject
premises is nonconforming as to total lot area and depth in this
"B" General Business Zone District. Location of Property: 7400
Main Road, Mattituck (Laurel School District), NY; County Tax
Map Parcel No. 1000-122-7-1.
(6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN
CENTONZE - regarding premises known as 5700 North Road (County
Road 48), Mattituck, NY; County Tax Map Parcel No.
1000-140-2-11. Applicants, as contract vendees, are requesting:
Page 4 - Legal Notic~
Hearings for March 5 , 1992
Southold Town Board of Appeals
(a) Appl. No. 4082 - Variances to the Zoning Ordinance,
Article VII, Section 100-72 for approval of the nonconforming
area of the lot area for the establishment of two principal uses
by the addition of a professional dental office on the first
floor, and retaining livable floor area on the second floor (for
a single-family dwelling unit), all within the existing
structure. The lot area applicable to each use in this
Residential-Office (RO) Zone District is 40,000 sq. ft. This
lot is nonconforming as to area and width.
(b) Appl. No. 4081 - Special Exceptions to the Zoning
Ordinance, Article VII, Section 100-71B(2 & 7) for permission to
establish first floor professional dental office, as permitted
by Section 100-71B(2), and a second floor apartment not
exceeding 750 sq. ft. livable floor area, as permitted by
Section 100-71B(7).
(8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND
MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance,
Article VIII, Section 100-82 for approval of an addition, for
storage purposes only, having an insufficient setback from the
westerly side property line. Subject premises is a
nonconforming lot located in the Light Business (LB) Zone
District. Location of Property: North Side of County Road 48
and the Westerly Side of Kenny's Road, Southold, NY; County Tax
Map Parcel No. 1000-59-7-33.
Page 5 - Legal Noti~'
Hearings for March 5,
Southold Town Board of
1992 ~
Appeals
(9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239 and Article
III, Section 100-32, Bulk, Area and Parking Schedule, for
approval of the upland area of proposed Lot ~1 (79,449 sq. ft.)
and proposed Lot #2 (74,568 sq. ft.), and for approval of the
insufficient width of proposed lot #2 (73.37 ft) along Cox's
Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision
Application also pending before the Southold Town Planning
Board. Location of Property: Easterly side of Cox's Neck Road,
Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5,
containing a total of 3.765 acres.
The Board of Appeals will at said time and place hearing
any and all persons or representatives desiring to be heard in
the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the times designated above. For more
information, please call 765-1809 or visit our office.
Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Copies have been forwarded to the following on or about 2/14/92:
L.I. Traveler-Watchman, Inc.
Times-Review
Marie Ongioni, Esq. (Attorney for Michael Herbert)
Mr. and Mrs. Leonard Schlegal
Mr. Joseph F. Barszczewski, Jr.
Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan)
Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze)
William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe)
Anthony Salvatore, Esq. (Attorney for E. Sievernich)
Individual Files and Board Members
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
/ __ Date../..~..~..,~. ............... ,
~o z.~.~.~.~~..~~
....... .vy.~~.~..v~. ~~
PLEASE TAKE NOTICE that your ann ication dated /
House ~o. ' ............ Stree[ ' ~ ..... H~/~
County Tax Map No. I000 Section ... Z~.' .... Block ..... ~Z ..... Lot .....
Subdivision ................. Filed Map No ......... ' ........ Lot No ........ ' ..........
is returned herewith and disapproved on the following grounds ..~...~~.~
~ , ~- '-'; .............. ~..
.~~ ..... ~. ...... ~.<~~ ...........................
.... ..... ' .....
~~ .......................
~'~~ --
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~'~)
DATE ../..T./.~.~ ...............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, ........... of
Name of Appellor~J ' Street and Number
.... /~.~-.~..~.-~-'' /.~.- ................................................................... . .-/~..;...~.-'. ............... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
District 1000 Section/F/ Blockoi Lot~ C re -
....................................... "~ .......................... tJ.. ur n~ Owner
Map No. 'Lot No. Prior Owner
WHEREBY THE BUILDING INSPECTOR DENIED TO
po 7 b. Le t. .............................
.............. ~[;;~;' of Appl~dnt for permit
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
I.OCAIION OF THE PROPERTY ...........................................................
Street /Hamlet / Use District on Zoning Map
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.)
Articl~r~77-- Section /OO-2.~/
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(~,'~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (~as no~ been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
[ ) request for a variance
and was made in Appea! No ................................. Dated ............................. ~ ........................................
REASON FOR APPEAL
('/) A Variance to Section 280A Subsection
( ) A Variance to the Zoning Ordinance
( )
is requested for the reason that (_~t ~t~ '~.1~
Form
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATIO~ OF THE ORDINANCE would produce practical difficulties or unneces-
p sory HA~RDSHIP b,ecouse, O~-' /qo~-S~._ ~lO,.O_~.r~r~-~-~ ~ gon~ ~
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because 0~"~. l OCo~J~-for'~ O~Z'"~f-~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE[ DISTRICT because. C)dF-hO,_r~ b~T~Dpe~ Ok.xDFleK~ O,~l~o h~
STATE OF NEW YORK )
)
COUNTY OF ~.~,"-~- )
SS
S,q~ do of '~ o
Sworn to this ..~....~'.~ ........... Y ...................... ~'"'"~................ : 9 ~ ~
, , ~ ~'-~. ' -~"~-------~ ~ ~ ._ ~' ~ ~-~'~'~-k._
I~ e ~, - //~'--/- ~'"/ TOWN 'OF-SOUTHOLD_ PROPERTY REI:ORD CARD
OWNER STREET
R~. ~Z~ S~S. VL ~ FA~ COMM. CB. MISC. Mkt. Value
~DIN~ CON ~;ed' ' /
FAR~~ Acre Value Per / 'V~lu~
Tillable I
Tillable 2
Brushlan$ FRONTAGE ON ROAD /.
House Plot DEPTH
~ ~ BULKH~D
Total DOCK
M. Bldg.
Extension
Extension
-
I:xtens~on
Porch
Porch
Breezeway
Garage
Total
Foundation
3asement
F. xt. Walls
Fire Place
Type Roof
~ecreation Room
Dormer
Driveway
Bath / ~.
Floors ~
Interior Finish ~'. ~ ,
Heot ~ ~', ~/.~.
Rooms 1st Flor
R~ms 2nd Floor
Dineffe
LR.
DR.
BR.
FIN. B.
-'~ ............ LAND OF
FALZOM
t'IA'FTIT LIC kf.
] P, ir4.0~, SUBD VI.; ON
: t'"'fAD~"' '
........ t:..b P.
1
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN ITtLL
SOUTItOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFOt%MING PREMISES
THIS IS TO CERTIFY that the
/'~'/ Land
/_~ Building(s)
-- Use(s)
located at 1600 Private Road #21 (Home Pike Road)
August 26,
No. Z~1878
Mattituck
Street Hamlet
shown on County tax map as District 1000, Section 114 , Block 01
Lot part of 5, does{not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
l'and has insufficient area and width.
1983
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /Z/Land /2/Building(s)
/Z/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and .may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFrW. D that, based upon information presented to
the Building Inspe~to_r's' Office, the occupancy and use for which this Certifi-
cate is issued is as follows: one-family dwelling. *
· The Certificate is issuedto CHARLES P. & N'INA ZIEGLER
of the aforesaid building.
(owner, ~e s se~ xrr-terca-at)
Suffolk County Department of Health Approval
N/A
UNDERWRITERS CERTIFICATE NO. N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises I-LiS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the B~uilding Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable c'6dea ~nd regula-
tions.
*NO BUILDING PERMIT MAY BE ISSUEDONGRANTED UNTIL~c~d
APPROVAL OF ACCESS HAS BEEN
PER ZIEGLER'S APPEAL ~;3025,
SEPTEMBER 30, 1982. Buiidi~g Inspector
...... "k '~ i~ y~ ....... ,"~ '..
TOWN OF SOUTHOLD PROPERTY RECORD CARD ,///, ~'~
'~ ~, I
OWNER STREET VlL,LAGE DIST. SUB.
-' ~ S W ~PE OF BUILDING
ES. ~ / o S~S. V~ FA~ COMM. CB. MISC. Mkt. Value " ' -
~NO IMP. TOTAL DATE RmARK~
AGE BUILDING CONDITION
N~ f NOR~L BELOW ABOVE
FAR~ Acre Value Per Value
Acre
vompland FRONTAGE ON ~ATEE
r~shlond FRONTAGE ON ROAD
rose Plot DEPTH
M. Bldg.
Foundation
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage
Patio
OoB.
Total
Basement
Ext. ~'o s
Fire Place
Type Roof
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Recreation R. oom Rooms 2nd Floor
Dormer
Driveway
]nette
DR.
IBR.
FIN. B.
;ARY FLANN£R OLSE~'I
COUNSELLOR AT LAW
AFFIDAVIT
Re: Charles P. Zieg]er ~,
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK )
Charies P. Ziegler, being duly sworn, deposes and states and follows:
That I am the owner of house described on Suffolk Ccunty Tax Map
as 1000 - 114 -'1 - Part of #5. I believe that said house was constructed
prior to the issuance of Certificate of Occupancy.'and has been used for many
years as a residence and is, in my opinion, suitable for single residential
purposes.
Charles P. Zie~gler~
Sworn to before me this
day of Ju]y,,~983
NOtary Public
Gary F~LANNER OiSEN
COUNSELLOI~ AT LAW
July 26, 1983
Re: Ziegler Certificate of Occupancy
File #3505
Dear Mr. Fisher:
As per our conversation, I am returning your Notice of
Disapproval. I am simply looking for a pre-existing CO
for the house located on Parcel 1.
Very truly yours,
GFO:mew
Enclosure
Town of Southold
Building Department
Town Clerk's Office
Southold, NY ]190]
Attention: George Fisher
- /¢
~EY /,.4AP
,!
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ......................... : ......
To ........
County Tax Map No. 1000 Section ..... /./...~ .... Block ......... l .... Lot .
ivision ................. ~ No. ~ .~.. ~... Lot'No.~:'~ ....
is retu~ed herewith and disapproved on the follow~g grounds, r .'..~...~..~~..
Build~ Inspector
'''t'':/ , · ~' ~1"' ' ' .: ·
· ' "'/; ' ' ) ..~.~..3 &3____
PLEASE TAKE NOTICE that your apphcat~6n'datede .... ;~,~t,;~ ........... 19 .......
.......... .......... [ .....,..../~ ........ ~ ..... [ ........... ~. ,:~ ,
Locati°n of Property ......... :'.~7.~... ~.( ~e. ~[... ((~(n
~s~ NO. ' Street ~ Ham/et
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZ[O, JR.
Southolcl Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I,, N.Y. llCJ?l
TELEPHONE (516) 765-1809
March 3, 1989
Rudolph H. Bruer, Esq.
Main Road, P.O. Box 1466
Southold, NY 11971
Re: Appl. No. 3317 - Thomas Perillo (Variances)
Dear Rudy: /~
This letter will confirm that the followinq action was
taken, by the Board of Appeals at our Special Me~ting held
February 9, 1989 concerning the above application:
RESOLVED, that the improvements as inspected by Chairman
Goehringer and Member Dinizio, to the existing right-of-way
extending from Westphalia Road to the premises of the applicant,
Thomas Perillo, (1000-114-1-7, BE AND HEREBY ARE APPROVED AND
ACCEPTED TO BE IN COMPLIANCE with this Board's decision,
conditions No. 2(a) through (d) under Appeal No. 3317 rendered
February 14, 1985.
This resolution was unanimously adopted.
Copies of this letter are simultaneously being transmitted
to the Building Department and Planning Board for their record.
Yours very truly,
lk
CC:
Linda Kowalski
Board Secretary
Building Department
Planning Board
Southold Town Board of Appeals -5- February 14, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3317:
Upon application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq.,
Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31 fo~ approval of insufficient area and width of
parcels in this proposed division of land located at Silkworth Road
and Home Pike, Mattituck, NY; District 1000, Section 114, Block l,
Lot 7.
The board took the following action:
WHEREAS, the public hearing on the appeal application of THOMAS
PERILLO, Appeal No. 3317, was held on February 14, 1985, and all
~ny from said hearing have been taken into consideration by
each board member in making these findings and determination;
WHEREAS,~ at said hearing, there was no opposition given in the
record; and
WHEREAS, each of the board members have viewed and are familiar
with the premises in question and its surrounding area; and
WHEREAS,
determination:
the board made
the following findings of fact and
1. The property in question is located in the "A-80" Residential
and Agricultural Zoning District;
2. The property in question is identified on the Suffolk County
.Tax Map as District 1000, Section 114, Block 1, Lot 7, and is shown
on survey map dated May 30, 1984 as vacant property of a total of
3.1974 acres;
3. Article III, Section 100-31, and Bulk Schedule of the Zoning
Code, requires a minimum area of 80,000 sq. ft. and minimum lot width
of 175 feet for each proposed parcel of land established subsequent
to June 10, 1983 (date effectuated);
4. Parcel #1 is proposed to be 1.5323 acres (66,746± sq. ft.)
consisting of Part of Lot 19, and 20 of a former 1916 subdivision
of "Point Pleasant," having frontage along Home Pike Road of 144.20±
feet and an average lot width of 248.10 feet, with frontage along
Darby's Branch of Mattituck Creek of 352± feet (along a tie line).
5. Parcel #2 is proposed to be 1.6651 acres (72,531 sq. ft.)
consisting of Lots 17, 18, and part of 19 of the former subdivision
Southold Town Board of Appeals -6- February 14, 1985 Regular Meeting
(Appeal No. 3317 THOMAS PERILLO, continued:)
of 1916 of "Point Pleasant," and having frontage along Home Pike Road
of 80± feet and an average lot width of 150± feet with frontage along
Darby's Branch of Mattituck Creek of 260± feet (see survey dated
May 30, 1984).
6. In viewing the area, the board finds: (a) the neighboring
parcels to the west to be of a size similar or smaller than that
proposed by this application, varying from 44,000 sq. ft. and greater
for area, and from 80' lot width and greater; (b) the relief.
is the minimal available under the circumstances.
7. The right-of-way in question is private and is pending
acceptance by this board as to anticipated improvements in accordance
with the September 30, 1982 decision of this board under Appeal
No. 3025, pursuant to New York Town Law, Section 280-A.
In considering this a~peal, the board also finds:
existing
will not
That(the ~elief requested is minimal;
That this propJsed'is consistent wi~h those parcels generally
in the surKounding neighborhood;
That there will be no Jffect on population density and thereby
effect available governmental facilities;
4. That there is no substantial'changJ in the character of this
area or a substantial detriment to adjoining properties;
5. That the circumstances are unique;
6. That the relief requested cannot be obviated by another
method feasible to appellant other than a variance;
7. That in view'of the manner in which the difficulties arose,
justice will be served by allowing the variance, as~' conditionally noted
below.
£
NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED,
the Matter of
BE AND HEREBY
that the relief requested under Appeal No. 3317 in
THOMAS PERILLO as shown on survey dated May 30, 1984),
IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:·
1. That there'6e
division};
2. New York Town
no further lot size
Law, Section 280-A,
reductions (no further
concerning conditions as
Southold Town Board of Appeals -7- February 14, 1985 Regular Meeting
(Appeal No. 3317 THOMAS PERILLO, continued:)
imposed by this board involving the subject right-of-ways, extending
from Westphalia Road and along premises of the applicant, as follows:
(a) Commencing from Westphalia Road and extending along
the premises in question: Il] a minimum width of 15 feet and [2]
such minimum 15-foot width shall be surfaced with a minimum depth
of two inches of packed three-quarter-inch stone blend so as to
afford access for emergency vehicles. Such stone blend may be
either applied to the ground surface and shaped, or the surface
may be excavated to permit the application of packed blend to a
depth of two inches;.
(b) Commencing from Silkworth Road and extending along
the premises in question:. £1] a minimum width of 15 feet and [2]
such minimum 15-foot width shall be surfaced with a minimum depth
of four inches of packed three-quarter-inch stone blend so as to
afford access for emergency vehicles. Such stone blend may be
either applied to the ground surface and shaped, or the surface
shall be excavated to permit the application of packed blend to a
depth of four inches;
(c) 'Where the terrain of the land over which such access
roads are traversed is such that drainage problems may occur, the
applicant and/or owners shall be required to construct such
drainage facilities as may be recommended by this board;
(d) That this access road must be maintained at all
times in good satisfactory condition as stipulated above for
access by.emergency.vehicles;
(e) That this access road be approved, after notification,
by the Board of Appeals as to meeting the above requirements.
Location of Property: Silkworth Road and Home Pike Road,
Mattituck, NY; lO00-114-1-7.
Vote of the Board:
Douglass and Sawicki.
of all the members.
Ayes: Messrs. Goehringer, Doyen, Grigonis,
This resolution was adopted by unanimous vote
Southold Town Board of Appeals
-10-
September 30, 1982
Regular Meeting
(Set-Ups for 10/21/82 continued:)
Appeal No. 3036 -
Appeal No. 3037 -
Appeal No. 3038 -
Appeal No. 3040 -
Appeal No. 3041 -
Appeal No. 3042 -
Appeal No. 3044 -
Appeal No. 3029 -
Ralph and Jane Armbrust
Martin and Alma Suter
Michael and Annette Collins
Joseph D. Burruano, Esq.
Peter R. McDonnell
Andrew and Katy Pafitis
Nicholas W. Ippolito-
North Fork Bank & Trust Co.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
RESERVED DECISION: Appeal No. 3025.
Upon appliCation .............. ~
_~ by Gary Flanner Olsen, Esq.,
Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article
II, Section 100-23(C) and Article III, Sections 100-30 and 100-31, Bulk
Schedule, for permission to locate buildings with insufficient setbacks
as exist on the premises due to the proposed location of the subdivision
lines and for permission to retain garage use of building on Lot No. 2,
and for a Variance for Approval of Access, New York Town Law, Section
280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision
Los No. 12, 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolkf
County Tax Map Parcel No. 1000-114-1-5.
The public hearing on this application was held on September 9,
1982, at which time the hearing was declared closed, pending additional
research and deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks: (a) permission to divide the
entire 3.5-acre parcel into two parcels, Parcel 1 having an area of
89,000+- square feet with a road frontage of 121.14 feet, and Parcel 2
having an area of 44,000+- square feet with a road frontage of 80 feet
radius; and (b) approval of access over private roads known'a~ -~
Home Pike Road, extending 519 feet over Silkworth Road, and extending
further approximately 499 feet to Westphalia Road. The access roads
in question are shown to have a minimum width of 30 feet. Existing on
the land in question is a large one-family house on Parcel 1 and a
garage structure in disrepair on Parcel 2 set back 12 feet from the
southerly sideyard line and slightly forward of the front of the
house on Parcel 1. The premises in question front along Mattituck
Creek and approvals have been obtained from the N.Y.S. Department of
Environmental Conservation under Permit No. 10-82-0185.
For the record, it is noted
has approved this subdivision as
of the Code on August 18, 1982.
that the Southold Town Planning Board
a "set-off" pursuant to Section 106-13
It is the opinion of the board that to deny the relief requested
Southold Town Board of Appeals -il-
(Appeal No. 3025 - Decision for Charles p.
September 30,
Regular Meeting
Ziegler, continued:)
1982
would result in practical difficulties to the applicant in that: (a)
there is more than 40,000 square feet of land area applied to.each
parcel and without a frontage variance, a division would not be
possible; (b) the structure on Parcel 2 is existing and is located
with reasonable setbacks from all property lines, and without this
variance, the building would have to be removed; (c) this access is
the only way feasible to this property, and is also utilized for access
to other parcels along this route.
In considering this appeal, the board determines that the variances
requested are not substantial; that the circumstances herein are unique
and practical difficulties have been shown; that by allowing the vari-
ances no substantial detriment to adjoining properties would be created;
that the difficulty cannot be obviated by a method feasible to appellant
other than a variance; that no adverse effects will be produced on
available governmental facilities of any increased population; that
the relief requested will be in harmony with and promote the general
purposes of zoning; and that the interests of justice will be served by
allowing the variances requested, as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3025, application of CHARLES P. ZIEGLER
be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the building existing on Parcel 2 at the time of this
determination and as shown on the Amended Map of 8/31/82 shall not be
considered a principal structure or dwelling. In the event that at
any time in the future this building on Parcel 2 is to be used, reno-
vated or occupied as a principal building, the same must be moved so
as to conform with all front, side and rear yard requirements of the
code for principal buildings.
2. That no sideyard variances shall be granted for any dwelling
erected on either of these two parcels.
3. That the access roads to these parcels shall be improved in
the following methods:
(a) Commencing from Westphalia Road and extending approxi-
mately 499 feet along Silkworth Road: [1] a minimum width of fifteen
feet and [2] such minimum 15-foot width shall be surfaced with a
minimum depth of two inches of packed three-quarter-inch stone blend
so as to afford access for emergency vehicles. Such stone blend may
be either applied to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a depth of
two inches;
(b) Commencing from Silkworth Road and extending approxi-
mately 519 feet along Home Pike Road: [1] a minimum width of fifteen
feet and [2] such minimum 15-foot width shall be surfaced with a
Southold Town Board of Appeals -12- September 30,
Regular Meeting
(Appeal No. 3025 - Charles P. Ziegler, continued:)
1982
minimum depth of four inches of packed three-quarter-inch stone blend
so as to afford access for emergency vehicles. Such stone blend may
be either applied to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a depth of
four inches;
4. Where the terrain of the land over which such access roads
are traversed is such that drainage problems may occur, the applicant
and/or owners shall be required to construct such drainage facilities
as may be recommended by the Town road engineer;
5. That this access road must be maintained at all times in good
satisfactory condition as stipulated above for access by emergency
vehciles;
6. That this access road be approved by the Board of Appeals or
Town road engineer as to meeting the above requirements;
7. That this variance is subject
County Planning Commission pursuant to
Suffolk County Charter;
to referral to the Suffolk
Sections 1323, et seq. of the
8. That this variance is subject to approvals from the N.Y.S.
Department of Environmental Conservation and the Southold Town
Planning Board;
9. That no certificate of occupancy shall be issued for these
premises or for the construction of any buildings or structures, or
for existing buildings or structures on these premises, to which
this access is referred until all of the conditions set forth herein
have been complied with.
Location of Property: Home Pike Road, Mattituck, NY; Map of
Point Pleasant Subdivision Lots 12, 1'3 and 14; Suffolk County Tax
Map Parcel No. 1000-114-1-5.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
DEPARTM£NT OF PLANNING
COUNTY OF"SUFFOL~'
ROBERT Jo ~E~
SUFFOLK COUNTY EXECUTIVE
ARTHUR H. KUNZ
DJRECTOR OF PLANNING
March 30, 1992
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Schlegel, Donna
4083
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
(516) 833-5t92
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Purst~nt to Article ~ of the SuffoLk County Acl~st-rative Cc~e, The
Board of ~pe~ls of the ~ of Southold, New York, here_by refers the following
t~ the Suffolk C~)t~nty PlarmJ_ng Cum~tssion:
XX Variance from the Zoning Code, Article xxIII , Section 100-231
__ Variance from Determination of Southold Town Building Inspector
~ Special Exception, Article , Section
__ Special Permit
Comments:
Appeal No: 4083 Applicant: Donna Schlegel
Location of Affected Land: 1475 Home Pike Road, Mattituck, NY
County Tax Map Item N0.: ]000-114-1-5.1
Within 500 feet of:
_ ;Town or Village Boundary Line
xx Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
· Within One Mile of a Nuclear Power Plant
~ Within One Mile of an Airport
Applicant is requesting permission..to construct a 6' fence
in front yard
Copies of Town file
Dated: 3/20/92
and related
documents enclosed for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 20, 1992
Mr. and Mrs. Leonard Schlegal
1475 Home Pike Road
Point Pleasant
Mattituck, NY 11952
Re: Appl. No. 4083 - Fence Variance
Dear Mr. and Mrs. Schlegal:
Please find attached a copy of the Board's findings and
determination rendered concerning the above application.
Please be sure to return to the Building Inspector's Office for
issuance of your fence permit or other approvals which may be
necessary in this project. A copy of this determination has
also been furnished this date to the Building Department for
their update and permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Suffolk County Department of Planning
Southold Town Building Department
Page 3
Public Hearing
Southold ZBA 3/5/92
Appeal # 4083
Applicant (s): Leonard and Donna Schlegal
Location of Property: 1475 Home Pike Road, Mattituck, NY
County Tax Map No. : 1000-114-1-5.1
The Chairman opened the hearing at 7:35 p.m. and read the notice
of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a survey indicating the approximate
placement of the fence, which is basically on the northerly property
line running from a distance on top of the hill, or just below the bluff
to the private road. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Is there
somebody who would l~ke to~be~-heard? You are Mrs. Schlegal? Would
you like to use the mike and say something? There is nothing you would
like to say for the record? Can we ask you a question?
MRS. SCHLEGAL: Yes
CHAIRMAN GOEHRINGER: Now I am going to ask you to stand up and use the
mike. You can just stand up, you don't have to use the mike okay.
Can you tell me why you need the fence 6 (six) feet in height past the
house? Meaning from the house to the private road.
MRS. SCHLEGAL: There has just been a house built very close to the
proximity of our property, which is about fifteen (15) feet from our
property line and it is quite an invasion of privacy besides there is
a lot of rubbish and barrels and every other kind of thing, it sort of
reflects on the property.
CHAIRMAN GOEHRINGER: Okay, this is done after they have completed the
house? There is still debris there.
MRS. SCHLEGAL: Well they have ab oat there with big plastic tarps and you
know little by little there is more and more things of garbage collect-
ing. It hasn't gotten any better.
CHAIRMAN GOEHRINGER: I was up there. This was the original older house
that was on this lot and then the lot was divided. It that correct?
MRS. SCHLEGAL: Right.
CHAIRMAN GOEHRINGER: Okay. I am trying to think of the prior owners
names. I am not being s~uccessful, it doesn't really make any difference.
Now, one lot away from yours to the north there is a 6 foot fence which
encompasses almost the entire piece of property. The slatted fence.
Right.
MRS. SCHLEGAL: Right.
CHAIRMAIN GOEGHRINGER: And actually blocks the Right-of-Way, so that
you have to stop at your neighbors property, turn around, you couldn't
Page 4
Public Hearing--Schlegal
Souhtold ZBA 3/5/92
proceed all the way through the loop and all the way back right around.
MRS. SCHLEGAL: No. It doesn't proceed through as on the map on the
Suffolk County map.
CHAIRMAN GOEHRINGER: We will see if it generates any questions from
the Board. Let me Just ask anybody. Is there anybody here that would
like to speak in favor or against this application..
MR. SCHLEGAL: One other thing. Part of the reason for the fence,
because of the lay-out of the properties in that area, we are all
adjoining the creek, we are facing the creek. The rear yards are
backed up to the creek. And there is no real place for storage
or anything behind them because of the bluff areas. So basically you
don't have any choice but to keep any boats or garages or cars or
parking to the front yards of the houses and that was the main reason for
putting the fence up. It is just to offer privacy to both neighbors
and ourselves. Because you really can't put stuff down on the beach.
He does have a boat there, I'm sure he will have cars and whatnot.
CHAIRMAN GOEHRINGER: Am I pronouncing your name right? Schlegal.
For the record just let the person who is transcribing this know that
this is Mr. Schlegal speaking. Thank you sir. Is there anybody else
that would like to speak either pro or for or against this hearing.
Seeing no hands, we will ask any Board members have questions after
viewing this property. Anybody have any specific problem with it,
MEMBER DINIZIO: Yes. The dog wouldn't let me on the property.
CHAIRMAN GOEHRINGER: The dog wouldn't let you on the property. That
is a specific problem. Hearing no further questions, I make a motion
closing the hearing, reserving decision until later.
MEMBER DINIZIO: Second.
Ail in favor - Aye. Members: Grigonis, Doyen, Dinizio, Villa.
(Transciibed by tapes recorded on 3/5/92)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Jarlaes Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 5,
1992
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4083
Project/Applicants: Leonard and Donna Schlegal
County Tax Map No. 1000- 114-1-5.1
Location of Project:1475 HomePike Rd., Mattituck,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of fence exceeding the m~ximum four-foot height
requirement in the front yard ~rea
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
NOTICE IS HEREBY ~
EN, pursuant to Section 267 of
The Town Law and the Code of
the Town of Southold, the
following matters will be held
for public bearings before the
SOUTHOLD TOWN BOARD
OF APPEALS at the Southold
Town Hall, 53095 Main Road,/
Southold, New York 11971, on
, THURSDAY, MARCH 5, 1992
specified below:
(1) 7:30 p.m. Appl. No. 4075-
MICHAEL HERBERT.
Variance (hearing reconvened).
For permission to establish
business sales office in addition
occupied two-family dwelling
with manager's quarters. The lot
area applicable to each use in
this Hamlet-Business Zong.
District is 20,000 per unit/us~.'
ming for the existing principal
uses having a total lot area of
20,129+ sq. ft. Location of Pro-
perty: 795 Pike Street, Mat>/'
tituck, NY; County Tax Map
Parcel No. 1000-140-2-23.
/~ (2) 7:35 p.m. Appl. No. 4083-
LEONARD AND DONNA
SCHLEGAL. Variance to the
Zoning Ordinance, Article
XXIII, Section 100-231, for ap-
proval of fence exceeding the
maximum four-foot height re-
quirements in the front yard arca~',
and located along the northerly' I
side property line. Location of
Property: !475 HomePike Road,
Mattituck, NY; also shown on
the "Map of Point Pleasant"
filed in the Suffolk County
Clerk's Office on May 17, 1916'
as Map No. 720, filed LOt Nos.
13, 14, and part of 12 (contain-
ing 2.563 acres of total lot area);~'
County Tax Map Parcel ID No.
I000q14-1-5.1.
(3) 7:40 p.m. Appl. No 4071-
JOSEPH F. BARSZCZEWSKI,
JR. Variances to the Zoning Or-
dinance, Article XXIV, Section
I00-244B, for permission to
reduce setbacks, and Article
XIV, Section 100-142, for lot
(30%) percent of the total lot
area. Applicant/owner is pro-
posing to located a proposed
principal storage building in this
Light Industrial (LI) Zone
District and will be required to
obtain approi'al from the
Southold Town Planning Board
concerni~)g the site plan regula-
tions applicable for this noncon~,
forming lot. Location of Pro-
petty: 145 Kerwin Boulevard,
Greenport, NY; Map of Peconic
,,, Tax Map ID No.
(4) 1:50 p.m. Apph No. 4084-
MARY C. BRENNAN.
Variance to the Zoning Or-
dinance, Article ILIA, Section
I00-30A.3, for approval of open//
porch (deck with roof) replacing
previous deck structure, with an
insufficient rear yard setback
and lot coverage at more than
twenty (20%) percent of the
total lot area. This parcel of land
is located in the R-40 Zone
District and is nonconforming
as to lot area (containing 3201
sq. ft.), width at 45 feet, and 1o~ I
depth at 71.41 feet. Location of
Property: 319 Champlin Place, !
Greenport, NY; County Tax I
Map Parcel No. 1000-34-3-41.
(5) 7:55 p.m. Appl. No. 4074-
AMAC, INC. (Sukru Ilgin) for
a Variance to the Zoning Or-
dinance, Article X, Section 10lB
(12) and Section 100-102, Bulk
Area and Parking Schedule, for/'
permission to establish retail
sales of packaged food and non-
food items as usually found in
a convenience store, as an ac-
cessory to the existing gasoline
service station, eliminating the
service and repair areas (which
were conducted in the existing
bay areas of this one-story
building.) Subject premises is/
nonconforming as to total lot
area and depth in this "B"
General Business Zone District.
Location of Property: 7400
Main Road, Mattituck (Laurel
School District), NY; County
Tax Map Parcel No.
1000-122-7-1.
(6 and 7) 8:00 p.m. DR.
PHILIP J. CENTONZE andJ
MARILYN CENTONZE --
regarding premises known as
5700 North Road (County Road
48), Mattituck, NY; County Tax
Map Parcel No. 100-140-2-11.
Applicants, as contract vendees,
are requesting:
(a) Appl. No. 4982- Variances
to the Zoning Ordinance, Arti-
cle VII, Section 100-72 for ap-./'
proval of the nonconforming
area of the lot area for the
establishment of two principal
uses by the addition of a profes-
sional dental office on the first
floor, and retaining livable floor
area on the second floor (for a
single-family dwelling unit), all
within the existing structure. The
lot area applicable to each usej
in this Residential-Office (RO)
· Zone District is ~40~000 ~ ft. '
This lot is nonconforming as to
area and width.
(b) Appl. No. 4081- Special
Exceptions to the Zoning Or-
dinance, Article VII, Section
100-7lB (2&7) for permission to
establish first floor professional
dental office, as permitted by~,~
Section 100-71B(2), and a
cond floor apartment not ex-
ceeding 750 sq. ft. livable HourI
area, as permitted by Section!
100-71B(7).
(8) 8:15 p.m. Appl. No. 4076-
FUTURE SCREW MACHINE
PRODUCTS (MR. AND MRS.
WARREN E. HUFE, JR.)
Variance to the Zoning Or-,,~
dinance, Article VIII, Section
100-82 for approval of an addi-
tion, for storage purposes only~
having an insufficient setback
from the westerly side property
line~ Subject premises is a non-
conforming lot located in the
Light Business (LB) Zone
District. Location of Property:
North side of County Road 48./
and the westerly side of Kenny's
Road, Soothold, NY; County
Tax Map Parcel No.
1000-59-7-33.
(9) 8:20 p.m. Appl. No. 4068.
ELEANOR SIEVERNICH.
Variance to the Zoning Or-
dinance, Article XXIII, Section
100-239 and Article III, Section
100-32, Bulk, Area and Parking,,,//
Schedule, for approval of the
upland area of proposed Lot #1
(79,449 sq. ft.) and proposed LOt
~ (74,568 sq. ft.), and for al~
proval of the insufficient width
of proposed lot ,q2 (73.37 ft.)
along Cox's Neck Road (a/k/a
Cox Lane). This project is a
Minor Subdivision Application
also pending before the~
Southold Town Planning Board.
Location of Property: Easterly
side of Cox's Neck Road, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-113-8-5, con-
mining a total of 3.765 acres.
The Board of Appeals will at .
said time and place hear any and
all persons or representatives
desiring to be heard in the above 80
matters. Written comments may,.~
also be submitted prior to the
.conclusion of the subject hear-
lng. Each hearing will not start
before the times designated
above. For more information,
please call 765-1809 or visit our
office.
Dated: February 13, 1992.
BY ORDER OF THE
SOUTHOLD TOWN~
BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN I
By: Linda Kowalski
IX-2/20/92(4), I
COUNTYOF SUFFOLK
STA'I'I:. OF N[-"W YORK
Pa'tricia Wood,' bcing duly sworn, says that shc is thc
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Soud~old, in Suffolk County;
and Ihat the noticc o1' which the annexed is a printed copy,
h.,s hcen j~ub shed in said Long l~lnncl 'l'r;~vclt'r-Walchm;m
once t'nch week for. ............. / weeks
successively, co,m'nencing on the .......... .~'~..~..~ .......
.~,.v(u'n h)heror¢ me Ihis ~' ~(
.' .................... day of
~ebruary ~92.
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, Sl,~te o[ New York
rio. 480G846
Qualilied in Sullolk Co~JntyI
Commission Expires
NO'~CE L511ER~BY GiVEN,pur-
suant to Section 267 of the Town
Law and the Code of the Town of
will be held for public hearings
OF APPEALS at the Southold Town
llall, 53095 Main Road. Southold,
New york 11971, on TIIURSDAY,/
MARCll 5, 1992 commencing at
(1) 7:30 p.m. Appl. No, 407.5 --
M1CIIAEL IIERBEF-T- Vartane'~~/~t
(hearing reconvened). For perm~s-
sion to establish business sales of-
an owner-occupied two-family
dwelling with manager's quatlcrs.
The lot ama applicable to each u
in this llamlet-Business Zone Dis-
trier is 20,000 per unit/usc. Thc lot
as exists is nonconforming for the
tel lot area of 20,129+ sq. fL Loca-
Mattituck, NY; County Tax Map
Parcel No. 1000-140-2-23.
~'(2) 7:35 pm. AppL No. 4083 --
! LEONARD AND DONNA SCIILF.- /
GAL. Variance to thc Zoning Ordi-
/ nG~ncc, Article XXIB, Section 100-
231, for approval of fence exceed-
ing the maximum four-foot height
and located along the northerly side
property linc. Location of Prop-
erty: 1475 llomc Pike Road, Matti-
uck NY )also sh,own on thc "Map ·
of Point I leasant' fi ed in he Suf-~
folk County Clclk's Off icc on May
17, 1916 as Map No. 720. filed Lot
Nos. 13, 14 and part of 12
(containing 2.563 acres pf total lot
area); County Tax Map Parcel ID
No. 1000-114-1-5.1.
O) 7 40 p.m. AppL No. 4071 --
IOSEPII F, BARSZCZEWSKI. J
Variances to thc Zoning Ordinance,
Article XXIV. Section 100-244B,/
for permission to reduce setbacks.
=nd Ae, icl¢ X1V, Section 100-142,
locate a proposed principal storage
building in this Light Indu$trlal
(LI) Zone District and will be
required to obtain approval from
the Southold Town Planning lloard/
Property: 145 Kerwin Boulevard,
. Greenport, NY; Map of peconie
Bay Estates, Lot No. 176; County
Tax Map ID No. 1000-53-2-9.
(4) 7:50 p.m. AppI. No. 4084 --
MARY C. BRENNAN. Variance to
thc Zoning Ordinance, A~ictc HIA/
open po{ch (deck with rooO rcplac-
insufficient rear yard setback and
(20%) percent of the total lot area.
R-40 Zone District and is noncon-
forming as to lot area (containing
3201 sq. ft.), width at 45 feet,
7:55 p.m. AppI. No. 4074 --
INC. (Sukru llgin) for a
iancc to the Zoning Ordinance,
rtiele X, Section 10111(12) and
100-102, Bulk, Area and
Schedule, for permission/
~ establish retail sales of packaged
food and non-food items as usually
found in a convenience store, as an
accesso~ to ~he existing gasoline
service station, eliminating the
service and repair areas (which were
conducted in the existing bay areas
of this one-story boilding.) Subject
scs is nonconforming as to
General Business Zone District. Lo-
cation of Properly: 7400 Main
Road, Mattituck (Laurel School
District), NY; County ]'ax Map
Parcel No. 1000-122-%1.
(6 and 7) 8:00 p.m. DR. PIIILIP
I. CENTONZE and MARILYN CI.{N-
TONZE -- regarding premises
known as 5700 North Koad
(County Road 48). Mattituck, NY;//
County Tax Map parcel No. 1000-
140-2-11. Applicants. as contract
(a) Appl. No. 4082 -- Variances
to the Zoning Ordinance. Article
VII, Section 100-72 for approval of
pdncipal uses by the addition of a
single-family dwelling unit), all
this Residential-Office (Re) Zone
District is 40,000 sq. ft. This lot is
(b) AppI. No. 4081 -- Special
Exceptions to the Zoning OMi-
71B(2 & 7) for permission to
lion 100-71B(2), and a second
Light Business (L]I) Zone District.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
t
(/~/'~ ~'~-/~: c:-//~' ._ of Mattituck, in
~ld ~un~, bel~ du~ ~orn, .ys that he/she · PflnclpM
Clerk of THE SUFFOLK TIMES, n Weekly Newspaper,
publ~hed at Matffiuc~ In t~ Town of Southold, ~un~ of
Suffolk and S~te of New Yo~, and that the Notice of which
t~ a~exed b a ~nt~ eo~, ~ b~n r~ula~ ~bl~ In
said Newspaper once each week for / weeks
successively, commencing on the ~ day of
~ p~ ~ 01 g~ Y~
pflncl~nl Clerk
Sworn to before-- ~
ELEANOR SIEVEI~ICII. ,
to 0m Zoning Ordinance, A~icle~j
KXlII, Section 100-239 and Article
[II. Section 100-32, llulk. Area and
?arking Schedule, for approval of
he upland area of proposed Lot gl
?9.449 sq. ft.) and pro.seal Lot
t2 (74,568 sq. ft.), and for
proval of tbe insufficient wid~ of
proposed lot ~2 (73.37 fl.) along
Cox's Neck Road {a&/a Cox ~ne}.
Thi~ project is a Minor Su~ivision
Application also pending before
· e SOU~old ~3wn IHanning ftoard
of 3.765 acres.
The Board of Appeals will at said
time and place hearing any and all
pcrsons or representatives desiring~
to be heard in Ibc above matters.
Written comments may also be
information, please call 765-1809
Dated: February 13, 1992.
BY ORDER OF 11 IE SOU1] IOLD
TOWN BOARD OI: APPEAL.S
GIHLM~.D p. GOEIIRINGER
By Linda Kowalski
7294- I TF20
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOA~ OF APPEALS
TOWN OF SOU~O~
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written eopy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
Enclosure
GERARD p. GOEHRINGER
CHAIRMAN
By Linda Kowalski
JUDITH T. TERRY
IFOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
TO:
FROM:
RE:
DATED:
SOUTHOLED TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
ZONING APPEAL NO. 4083, DONNA SCHLEGEL
JANUARY 31, 1992
Transmitted is application for variance submitted by Donna Schlegel together
Notice to Adjacent Property Owners, Short Environmental Assessment Form,
Questionaire for filing with the ZBA application, Building Department Notice
of Disapproval, Copy of map of Point Pleasant, where the property is located.
14-1C=-~ (2]87)~Text 12
PROJECT LD. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
FART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT /SPONSOR I 2. PROJECT NAME
SEQR
5. I$ PROPOSED ACTION:
[~/N ew [] Exoansion ~ MoCllflcaflonlalteratlo~
6. DESCRIBE PROJECT ERIEFLY:
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
l[~Re:lidemlal [] Inau$lrial [] Commercial [] Agriculture [] Pad~ForesllOpen space
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE eEST OF MY KNOWLEDGE
/-/7
If the action is in the Coastal Area, and you are a state agency, complete tt~e
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
I~NSTRUCTIONS:
(a) In order to answer the questions in this short F2%F it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be 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 Assessmeh~
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? Yes: 0
2. Will there be a major change to any unique or
u~u~ual land form on the site? Yes o
3. Will project alter or have a large effect on
an existing body of water? ~Yes / No
4. Will project have a potentially large impact on
groundwater quality? Yes ~No
5. Will project significantly effect drainage flow
on adjacent sites? · Yes /No
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 ~ o
known to be important to the community? Yes N
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envireamental 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 t~affic problems or
cause a major effect to existing transportation
· systems? ___Yes ~ o
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes
13.Will project have any impact on public health
or safety?
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 o
period or have a major negative effect on the
charact~ of the community or neighborhood?
Is there public controversy concerning the
project? .
15.
~reparer,s Signature:
Representing:
ERA g/q5
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
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 b~ attached.)
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{~ No. Jif Yes, pl~se a~n~h ~op~ of "condi~on~" of sa~e.)
C. Are there an~l~roposals tm =hange~r alter land contours?
{ } Yes {~} No
De
1. Are there any areas which contain wetland grasses? ~
2. Are the wetland areas shown on the map submitted wih~---
this application? ~
3. Is the property bulkheaded between the wetlands area and
the upland building area? ~/,)
4. If your property contains w~tlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? ~p
E. Is there a depression or sloping elevation near the area of
proposed q~nstruction 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~Mt a~.~ are not shown on the survey map that you arm
s~bmitting? ~0~ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~0~ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? ~0 If yes, please explain where or submit copies
of deeds.
I. Please list. pr~se,nt use or operations conducted at this
parcel ~, '~4~
proposed use P6~,'~L-~_ and
Au6~orized Sig~atu~ and Date
3/87, 10/901k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. -No. 6-1984]
~'ETLANDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-26-
· ' TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on. tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters t~ a maximum depth of
five (5) feet, including but not limited to banks.
bogs. salt marsh, swamps, meadows, fiats or other
low lying lands subject to tidal action;
(2) Ali 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 cordgr~ss, high
bush. catt3ils, groundsel, mars}~-n~llow ~nd l~w
(3)
All l~ud immediately adjacent ~ a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater ~vetlands" as defined in Article 24. Ti-
tle 1, § 24-0107. Subdivisions l(a) to 1(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 with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z- ~-5. s5
M]~
R-80
~1 A-C
MATTITUCK
R-80
LIO
R-EO
R-81~
GREAT
PEGONIG
BAY
.>
--,_,:,,~J. ~j COUNTY OF SUFFOLK .... SOLITHOLD
, ~ ........ ; '~' r ..............
§ 100-230 ZONING § 100-232
the particular district shall not in the aggregate occupy
more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the
roof for each additional foot in height greater than the
specified height.
(3)
AIl mechanical equipment necessary to operate building
services, which equipment is located on the roof Of a
structure, shall be screened in a manner approved by the
Planning Board.
Retail sales in residential districts. Notwithstanding any other
provision of this chapter, all premises located in any
residential district and upon which retail sales are conducted
shall be subject to site plan approval by the Planning Board,
pursuant te the provisions of Article XXV.
§ 100-231.. Height of fences, walls and hedges.
Fences, walls, hedges or other live plantings within five (5) feet of
the property lines may be erect~i and maintained, subject te the
following height limitations:
. When ]oeated in the front yard along the front lot line, the
same shall not exceed four (4) feet in height.
B. When located along side and rear yards, the same shall not
exceed six and one-half (6½) feet in height.
C. When located other than in the front yard area or along side or
rear lot lines, the same shall not exceed eight (8) feet in height~
§ 100-232. Corner lots.
A. On a corner lot, front yards are required on beth street
frontages, and one yard other than the front yard shall be
deemed to be a rear yard, and the other or others side yards.
B. On all corner lots, berms, walls, fences and hedges or any other
potential obstruction to vision shall not exceed a height of two
and one-half (2½) feet above the average street level within an
10133
114.'1-J, t
............... -- , $ F&,~IN6 AVE
SURVEY OF
LO TS 15, 14. 8~ PlO 12
"MAP OF POINT PLEASANT"
AT MATTI TUCK .~ 0 V
,.o,,,,,, o,. so,.,,-,.,o,_o
FILED MAYIT, 1916 NO, 720
SUFFOLK COUNTY, N.Y.
1000-1t4- 01-5.1
SCALE I"= 40' ~ . '
JUNE 19~1987
APR. 14, 1989 (TOPO,)
MA Y 18, 1989 ( revision )
ELLAR
,
/ oO' '~' '-" *, -
23 22 21 20 19 18
Io
~0
LO~
13
,,/
LOT 14.
LOT 15
CERTIFIED TO;
FIRST AMERICAN TITLE INSURANCE
COMPANY OF NEW YORK
TITLE NO. 632 - S - 25~4
AOUEBOGUE ABSTRACT CORP.
ROOSEVELT SA VINGS BANK
LEONARD C. SCHLEGEL
DONNA M. SCHLEGEL
//
Prepared in accordance with the minimum
standards for title surveys as eetab/ished
by the LI.A.LS. and approved and adopted
for such use by The New York State land
Title A ssociation.
~EYORS, P.C.
BOARD OF API~ALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
to the Board of AFpeals of the To~wn of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is th~ intention of the undersigned to petition the Board of Appeals of ~he Town of Southotd
to request a~(Special Exception) (Special Permit) (Other) [circle choice]
2. That the property whictl~,S the subjec%~f t~h,e Petiti~q is~located adiacent to your property and is des-
cribed as follows: /~//~- ~'~' ~-.~ ~-. ~/~' ~'~
/-
3. Thai the pro~_ert~7/~hich_ is the subject of such Petition is located in the following zoning district:
J
$. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
signed are kcticle _"~'~'x~T~
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard of Appeat~; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Oared:' I L-
Petitioner
Post OfficF~ A~di'ess I.
Tel. No. [57~ )~F-~I~7._
[Copy of sketch or plan showing proposal to be
purposes.
NAM~
PROOF OF MAlt, lNG OF NOTICE
ATTACH CE:RTXFTEO NAIL REC~'-TPT
AODRESS
829:475 506
,.Certifie~Mail Receipt
No Insuran?~ Coverage Provided
Do not use~or International Mail
(See Reverse)
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
ss.:
· being duly sworn, deposes and says that on the ~T"day
of ~' ~odn. v¥ ,19 c~ ,~. , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directfed to each of the above-named persons at the addresses set opposite their reSpective
names; that the addresses Set opposite the names of said persons are the addresses of said persons as shown on.
the current assessment roll of the Town of 5omhold; that said Notices were mailed at the United.Stai[es Post Of-
; that said Notices were mailed to each of sai, j.~ja~ns by
Sworn to ~re me this
dayof ~x~ ~6~1~~Z-
(This side does not have to be completed on form transmitted to adjoining
property owners.)