HomeMy WebLinkAbout4024
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James DinizJo, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
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
ACTION OF THE BOARD OF APPEALS
Appl. No. 4024:
Matter of RONALD STRITZLER, M.D. Variance to the Zoning
Ordinance, Article III, Section 100-33 (100-30A.4) for permission
to locate accessory tennis court structure in an area other than
the required rear yard on this 4.9+- acre parcel. Location of
Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map
District 1000, Section 94, Block 1, Lot 14. Zone District:
R-80.
WHEREAS, public hearings were held on June 7, 1991 and on
July 12, 1991, 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, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. 5~ne premises in question is located in the R-80 Zone
District at Mattituck, with 339 ft. frontage along the north
side of Sound View Avenue, Mattituck and frontage along the Long
Island Sound.
2. The subject premises consists of a total area of
approximately 4.90 areas and is improved with a one-story frame
house and accessory frame building situated near the front of
the house. For the record, it is noted that town records show
that in 1967 a 1.1+- acre parcel was conveyed to Rodney W.
King. The premises as exists today of 4.9+- acres is recognized
as one lot in common ownership under the zoning provisions (and
is not recognized as two lots as depicted on the survey
submitted with this application).
Page 2 - Appl. No. 4024
Decision Rendered July. 12, 199~
Matter of RONALD STRITZLER
3. Proposed by this application is the location of a 60'
by 120' tennis court enclosed with a fence at a height of eight
(8') feet, all to be situated not closer than 60 feet from the
front property line along Sound View Avenue and not closer than
25 feet to the westerly side property line.
4. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
land and are not personal in nature;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood since it is not uncommon
to locate accessory uses of this nature in areas other than the
waterfront yard areas (which is technically the rear yard area);
(d) the relief requested is not unreasonable;
(e) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT permission in the Matter of the
Application of RONALD STRITZLER, M.D. as applied under Appeal
No. 4024 for the placement of an accessory tennis court
structure in the front yard area as noted in paragraph 3, supra,
and subject to the following restrictions:
1. That there be no lighting (as applied);
2. That the existing screening (foliated areas) remain
near the tennis court, to include replanting where necessary
after the tennis court is built.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
D~,~c,~=~-~ ...... ~ ~Till~. ~hi~ resolution was duly adopted.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.F. RK
DATE..~ ~. ;' .~ HOUB ? ~%' ' '
Town Clerk, Town of Southo!d
GERARD P. GOEHRINGE~
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
NOTICE OF HEARINGS
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
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 gt the Southold Town Hall, 53095 Main Road, Southold,
NY 11971, on FRIDAY, JULY 12, 1991, commencing at the times
specified below:
7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for
variance to the Zoning Ordinance, Article III, Section 100-33
for approval of carport in the front yard area with reduced
setbacks from the front and side property lines. Location of
Property: 1395 Henry's Lane, Peconic, NY; County Tax Map
No. 1000-74-01-10.
7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for
variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate new principal dwelling structure with
insufficient rear yard and side yard setbacks. Zone District:
R-80. Location of Property: Westerly Side of Crescent Avenue,
Fishers Island, NY; County Tax Map No. 1000-006-06-20.5,
containing 2+ acres.
Page 2 - Legal Not
Regular Meeting of July 12, 1991
Southold Town Board of Appeals
7:45 p.m. Appl. No. 4036 ELLEN BRAUNSTEIN. Request for
variance to the Zoning Ordinance, Article IIIA, Section
100-30.A3 to construct addition to dwelling with a reduced rear
yard setback on this corner lot. Lot area is nonconforming in
this R-40 Zone District. 'Location of Property: Corner of Wendy
Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No.
1000-128-5-7. Also referred to as Lot "A" on the Map of
Rollingwo0d Estates.
7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (a)
under Article II, Section 100-23, Article III, Section 100-32
and Bulk Schedule, Column "v," requesting approvals of the
reduced lot area and depth of Parcels 1 and 2, which
nonconformities remain in private ownership following
appropriation of the'total balance of land after acquisition by
the N.Y.S. Department of Environmental Conservation, and
requesting approval of the proposed building area for placement
of principal dwelling structure with related accessory
building(s), having insufficient setbacks in the front yard,
rear yard and lot coverage in excess of the five (5%) percent
limit, and (b) under New York Town Law, Section 280-a,
interpreting non-jurisdiction or otherwise determining access
approval. Location of Property: Along Peter's Neck Road,
extending approximately 2900 feet south of King Street, Hamlet
of Orient, Town of Southold, NY; County Tax Map Parcel Nos.
1000-32-1-part of 2 and 4; also Lot 3 (ROW).
· Page 3 - Legal Not~
Regular Meeting of July 12, 1991
Southold Town Board of Appeals
8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA.
Request for variance to the Zoning Ordinance, Article III,
Section 100-33 for permission to amend previous variance
application and decision rendered July 11, 1990 under Appl.
No. 3944 in order to locate two-car garage building, with
partial enlargement for a second floor with windows, and other
structural modifications as shown on a new construction plan
(includinq plumDing facilities for a half bath), in an area
other than ~he required rear yard. Location of Property: 2~60
Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the
Map of Edgemere Park; County Tax Map No. 1000-145-4-4.
8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE.
Request for a variance to the Zoning Ordinance, Article IIIA,
Section 100-30A.3 to permit addition to dwelling with
insufficient front and side yard setbacks. Premises is
nonconforming as to lot area and width; the subject dwelling as
exists is nonconforming as to the front and total side yard
setbacks in this R-40 Zone District. Location of Property:
595 North Parish Drive, Southold, NY; County Tax Map
No. 1000-71-1-6, containing 28,250 sq. ft. in total area.
100-33 for permission to locate accessory tennis court Structure
in an area other than the required rear yard on this 4.9+- acre
Page 4 - Legal Not
Regular Meeting of July 12, 1991
Southold Town Board of Appeals
parcel. Location of Property: 3055 Soundview Avenue,
Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from
June 7, 1991)
8:15 p.m. Appl. No. 4036'- JO~N AND RICF~%RD ZEISLER. Request
for variance to the Zoning, Ordinance, Article IIIA, Section
100-30A.4 (100-33) for permission to locate accessory two-car
garage structur~ in an area other than the
700 Jacksonls Landing Road, Mattituck, NY;
nonconforming in this R-40 Zone District;
required rear yard at
Lot area is
Map of Jackson's
Landing, Lot #7, filed in the Suffolk County Clerk's Office as
Map #5280; also identified as County Tax Map #1000-113-4-9.
The Board of Appeals will at said time and place hear 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.
Dated: June 24, 1991.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TO: Times-Review Delivered 6/24/91
L.I. Traveler-Watchman For Publication
age 4 - Legal Notic~~
Regular Meeting of July 12, 1991
Southold Town Board of Appeals
parcel. Location of Property: 3055 Soundview Avenue, ~
Mattituck, NY; County Tax Map No~ 1000-94-1-14. (Recess fro
June 7, 1991)
8:15 p.m. Appl. No. 4036 - JOHN AND RICHARD ZEISLER. Request
for variance to the Zoning, Ordinance, Article IIIA, Section
100-30A.4 (100-33) for permission to locate accessory two-car
garage structur~ in an area other than the required rear yard at
700 Jackson's Landing Road, Mattituck, NY; Lot area is
nonconforming in this R-40 Zone District; Map of Jackson's
Landing, Lot ~7, filed in the Suffolk County Clerk's Office as
Map ~5280; also identified as County Tax Map ~1000-113-4-9.
The Board of Appeals will at said time and place hear 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
For more information,
start before the times designated above.
please call 765-1809.
Dated: June 24, 1991.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TO: Times-Review Delivered 6/24/91
L.I. Traveler-Watchman For Publication
APPEALS BOARD MEMBERS
Gerard P. Goebxinger, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio~ Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
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
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY 11971, on
FRIDAY, JUNE 7, 1991, commencing at the times specified below:
7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for
variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate new principal dwelling structure with
insufficient rear and side yard setbacks. Zone District: R-80.
Location of Property: Westerly Side of Crescent Avenue, Fishers
Island, NY; County Tax Map District 1000, Section 6, Block 6,
Lot 20.5.
7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request
for variance to the Zoning Ordinance, Article XXIV, Section
100-242A for permission to enlarge existing nonconforming
accessory building, located partly in the side yard and front
yard areas on this corner lot. Zone District: Agricultural
Conservation (A-C). Location of Property: 10205 North Bayview
Road and the Easterly Side of a Private Road, Southold, NY;
County Tax Map No. 1000-79-5-20.5.
Page 2 - Legal Notiw
Hearing for June 7,~991
Southold Town Board of Appeals
7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert
Taylor. Request for a variance to the Zoning Ordinance, Article
XIV, Section 100-142, 100-141, 100-241A, for permission to
enlarge existing nonconforming dwelling in this Light Industrial
(LI) Zone District with a proposed addition having insufficient
side and front yard setbacks. Location of Property: 21755
County Road 48, Cutchogue, NY; County Tax Map No. 1000-
96-1-18.1.
7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for
variance to the Zoning Ordinance, Article XXVIII, Section
100-281A(7) for permission to construct new principal dwelling
structure upon premises which is nonconforming and has not been
held in single and separate ownership as exists since April 9,
1957. Lot is nonconforming, having a total lot area of 33,668
sq. ft. and 25 ft. frontage (width) along Middleton Road in the
Hamlet of Greenport, Town of Southold, NY; County Tax Map No.
1000-41-2-12.1.
Ii:50 p.m. appl. No. 4024 - RONALD STRITZLER, M.D. Request for~
ariance to the Zoning Ordinance, Article III, Section 100-33 /
/
or permission to locate accessory tennis court structure in an~
rea other than the required rear yard. Zone District: R-80. \
_
ocation of Property. 3055 Soundview Avenue, Mattituck, NY;
ounty Tax Map No. 1000-94-1-14.
Page 3 - Legal Noti~
Hearing for June 7, 1991
Southold Town Board of Appeals
7:55 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES.
Request for variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4B for permission to locate portion of inground
pool with fence enclosure and portion of decking which will be
located within 75 feet from the existing bulkhead, and with a
distance shown at 75 feet from the rip-rap which is between the
bulkhead and the mean highwater mark of Southold Bay. Or, an
Interpretation as to which structural point the 75 ft. setback
requirement shall be from (particularly where more than one
structure exists.) Zone District: R-40. Location of
Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No.
1000-70-13-20.9.
8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND
LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue,
Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a
Special Exception to the Zoning Ordinance as authorized by by
the Board of Appeals under Article VII, Section 100-71, and,
(2) if necessary, a variance to establish professional and
business office use on this 11,656 sq. ft. nonconforming
parcel. Zone District: Residential-Office (RO).
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matter. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
Page 4 - Legal Noti~
Hearing for June 7, 1991
Southold Town Board of Appeals
start before the times designated above.
please call 765-1809.
For more information,
Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TO: Times-Review Delivered 5/14/91
L.I. Traveler-Watchman For Publication
Town Clerk Bulletin Board (lobby)
ZBA Board Members and Files
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
APR I 0, ,
Ronald Stritzler
To oo
51 Stirrup Lane
Roslyn Heights, R.Y. 11577
PLEASE TAKE NOTICE that your application dated September 26, ., 19. ~?.
for permit to ....... CORSTRUCT Alq ACCESSORY TEI~IlS COURT
3055 SOUNUVIEW A~H-dE HATTITUC[, N.Y.
Location of Property .......................
h~6~ Ho: ~}~i ..................... ' ......
~ Hamer
County Tax Map No 1000 Section 94 Block i Eot
Subdivision ................. Filed Map No ................. Lot No ..............
is returned herewith and disapproved on the follow~g grounds ....~. [~..~. ~..C~.. ~. ~[..~'~'1.~...
100-33 ACCESSORY BUILDINGS 0~ @fldl~R ACCESSORY USES SHALL BE LOCATED IN
REQUIRED ~ YARU.
Acno. EY
' /uil~ng Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
RECEIVED
APPEAL FROM DECISION OF BUILDING INSPECTOR // [ ~/5-~1~
H)R 1
APPEAL NO. ·
DATE ~)..~.~.~...~..."~...~....¥ ~J )J~ c/O
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant - 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 ..~.C-,~..~...JO...~..~.......J.l..)..[~..~...~ .....
WHEREBY THE BUILDING INSPECTOR DENIED TO
..... ~.~.a.~_k~..._.5~...~...z.....~.~...~.~.~.
Name of Applicant for permit
....................................... ~ ........................... ~ .......... ~ .....................................
Street and Number Municipali~ State
(~ PERMIT TO USE
( ) PERMIT FOR ~CUPANCY
1. LOCATION OF THE PROPERW ~.~.~....~.~.~.~.W.i.~:....~.~...~.~i~..)
Street /Hamlet / Use Dstrct ~ Zoning'~
D~stpict 1000 Sectionqd Block I Lot j~ . ten'
........................................... ..c.u ...........
Map No. Lot No. PrJo~ 0~ne~C
2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle S~ti~, Sub-
section and Paragraph of the Zoning Ordinance by numar. ~ not quote the Ordinance.)
Article~ Section ;oo-~ 5
3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate ~x)
(~ A VARIANCE to t~ Z~ing Ordi~nce or Zoning
( ) A VARIANCE due to lack of access (State of N~ York T~ L~ Chop. 62 C~. La~
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appea! No ................................. Dated ............................. ~ ........................................
REASON FOR APPEAL
(J A Variance to Section 280A Subsection
A Variance to the Zoning Ordinance
is r~uested for the reason that
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because gu (J~,rt .,~t,'~c-~'~ ~
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because ~ ~ o~ /~o~,~ ~,O.~ZJl/VT~ ')
3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because "J~' ~J ~\~ -~-~-k~,\ <3-~,\ SJt-~ ~g-k (k~t ~
STATE OF NEW YORK )
/ ) SS
COUNTY OF ((~ ~(r' $ ' ) Signature
Sworn to this ............... '..~,...; ....................... do,of ............ %,.'!.'....(. .............................
.......... .........
' -- ~'~OPERTY ii--'* ?d '~
IO~=~;- ?Y-/.// TOWN OF SOUTHOLD RECORD CARD ": ,i'
oWNER STREET VI LLAGE LOT
FORMER OWNER
DISTRICT ~' '*
ACREAGE ~
TYPE OF BUILDING
COMM.
iND.
LAND IMP. REMARKS
L/ (o O O
NEW
Form
Tillable 1
Tillable 2
Tillable 3
Woodland
TOTAL DATE
BUILDING CONDITION__
/
/ r~°w
Value Per Acre
,q~n o
Swampland
Ac re
B rushJ~ll~-~
/ABOVE
Value
/
6-/0
/-/'dOC.)
J House Plot
Toro I
E z ~.~
>;tension
Extensio¢
Ga rage
3(3
a.; 7,%
la.3 '
Foundation
Basement
Ext. Walls
Fire Place
Patio
Driveway
Porch
Porch
Bath
Floors
Interior Finish
Attic
Rooms 1st Floor
Rooms 2nd Floor
- ~_ $.
· * W ONUM£W r
A VENUE
aEv's~o"sI YOUNG & YOUNG
FEB. 27,1973 40o OSTRANfJEE AVENUE, RIVERHEAD. NEW YORK
i MAR. 19, 1973 , ALDEN W, YOUNG HOWARD W, YOUN
AT MATTITUCK ~u*~
TOW. o, SOUTHOLD ~,,~, /
SUFFOLK CO., N.Y. .~~,,~..,
I
DEPARTMENT OF PLANNING
'SUFFOLK
PATRICK (~. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-5206
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
July 22, 1991
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.
App~l'icant(s)
/tritzler, Ronald, M.D.
Mercorella, Anthony & Maria
Municipal File Number(s)
4024
4034
Very truly yours,
Arthur H. Kurtz
Director of Planning
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUP~aAUGE, LI.. NEW YORK ! 1788
(516) 3EO-~ 192
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, .Ir.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOAR~ 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
Pursuant t'o Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
X Variance from the Zoning Code, Article III, Section 100-33
Variance from Determination of
Special Exception, Article
Special Permit
Southold Town Building Inspector,
, Section
Appeal No.:4024 Applicant: RONALD STRITZLER, M.D.
Location of Affected Land: 3055 Soundview Avenue,
County Tax Map Item No.: 1000- 94-1-14
Within 500 feet of:
Town or Village Boundary Line
Mattituck, NY
X 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
or
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Cha'nnel
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission tolocate accessory tennis
~n a~ nth~r than required rear yard.
~ourt
Copies of Town file and related documenCs enclosed for your review.
Dated:Oul3~ 19,1t),~tl
Page 2 - Appl. No. 40~
Decision Rendered July 12, 199~
Matter of RONALD STRIIZLER
3. Proposed by this application is the location of a 60'
by 120' tennis court enclosed with a fence at a height of eight
(8') feet, all to be situated not closer than 60 feet from the
front property line along Sound View Avenue and not closer than
25 feet to the westerly side property line.
4. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
land and are not personal in nature;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood since it is not uncommon
to locate accessory uses of this nature in areas other than the
waterfront yard areas (which is technically the rear yard area);
(d) the relief requested is not unreasonable;
(e) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT permission in the Matter of the
Application of RONALD STRITZLER, M.D. as applied under Appeal
No. 4024 for the placement of an accessory tennis court
structure in the front yard area as noted in paragraph 3, supra,
and subject to the following restrictions:
1. That there be no lighting (as applied);
2. That the existing screening (foliated areas) remain
near the tennis court, to include replanting where necessary
after the tennis court is built.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, and Villa. This resolution~was duly adopted.
ik
GERARD P. GOEHRINGER/HAIRMAN
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 ~ SOU~OLD
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
ACTION OF THE BOARD OF APPEALS
Appl. No. 4024:
Matter of RONALD STRITZLER, M.D. Variance to the Zoning
Ordinance, Article III, Section 100-33 (100-30A.4) for permission
to locate accessory tennis court structure in an area other than
the required rear yard on this 4.9+- acre parcel. Location of
Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map
District 1000, Section 94, Block 1, Lot 14. Zone District.
R-80. '
WHEREAS, public hearings were held on June 7, 1991 and on
July 12, 1991, 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, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the R-80 Zone
District at Mattituck, with 339 ft. frontage along the north
side of Sound View Avenue, Mattituck and frontage along the Long
Island Sound.
2. The subject premises consists of a total area of
approximately 4.90 areas and is improved with a one-story frame
house and accessory frame building situated near the front of
the house. For the record, it is noted that town records show
that in 1967 a 1.1+- acre parcel was conveyed to Rodney W.
King. The premises as exists today of 4.9+- acres is recognized
as one lot in common ownership under the zoning provisions (and
is not recognized as two lots as depicted on the survey
submitted with this application).
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 O~ SOUTHOLD
SCOTI~ L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 18, 1991
Ronald Stritzler, M.D.
51 Stirrup Lane
Roslyn Heights, NY 11577
Re: Appl. No. 4024 - Variance for Tennis Court
Dear Doctor Stritzler:
Transmitted for your records is a copy of the determination
rendered by the Board of Appeals concerning the above
application.
Please be sure to return to the Building Department and any
other agency for permits or other approvals which are
appropriate for this project. A copy of this decision has
simultaneously herewith been transmitted to the Building
Department for its file and update.
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Southold Town Building Department
Suffolk County Department of Planning
TRANSCRIPT OF HEARINGS
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
FRIDAY, JULY 12, 1991
1
Board Members Present: Chairman Gerard P.
Members: Dinizio, Doyen, and villa
Members Absent: Grigonis (due to illness)
Goehringer and
Linda Kowalski, Z.B.A. Secretary and approximately 35-40
persons in the audience.
Appl. No. 4033
Applicant(s): Randi Lacalamita
Location of Property: 1395 Henry's Lane, Peconic, NY
County Tax Map No.: 1000-74-1-10
The Chairman opened the hearing at 7:30 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey
produced by Roderick Van Tuyl with no specific date
indicating a penned in carport 18 by 35 in the front yard
area. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Now
we're ready for you. If you would kindly state your name for
the record please sir.
MR LACALAMITA: My name is Joseph Lacalamita, my wife is the
owner of the property.
CHAIRMAN GOEHRINGER: How close to the I guess that's the
northerly property line at its closest point is the carport?
MR LACALAMITA: It's approximately midway between the house
itself and the street (Henry's Lane).
CHAIRMAN GOEHRINGER: Okay, but in reference to its closeness
on the side yard area, how close is it to that property line
do you know?
MR LACALAMITA: It's I think three feet.
CHAIRMAN GOEHRINGER: Three feet. Could you measure that for
us please and let us know on Monday.
MR LACALAMITA: Yes I will.
CHAIRMAN GOEHRINGER: Okay. The only reason why I didn't
measure was I was down early one morning looking and I didn't
Page 2 - July 12, 1991
Public Hearing - Randi Lacalamita
Southold Z.B.A.
CHAIRMAN, cont'd: want to go traipsing around your property
looking for monuments or anything of that nature. Okay? Is
there anything you would like to state for the record?
MR LACALAMITA: Well, my father-in-law who's a graphic artist
did the sketch and on the bottom of the sketch I'm sure you
have a copy of it. It said, carport to be settled with
blacktop driveway. I got a copy of it with notations that it
was approved, unfortunately, on the sketch it said that it
was going to be with a blacktop driveway. Unfortunately he
didn't read this green piece of paper that said that it had
to be in the back the yard. Well if it was to be put in the
back of the yard it would be feasible because it's too narrow
to drive four vehicles. He never intended to bangle or break
the law and the structure cost over, close to $4,000. and
we're seeking relief because it's a little expensive to tear
it down, so we're looking for relief.
CHAIRMAN GOEHRINGER: How long has it been up?
MR LACALAMITA: Since May.
CHAIRMAN GOEHRINGER: This past May?
MR LACALAMITA: Yes.
CHAIRMAN GOEHRINGER: And you're planning never to enclose
it?
MR LACALAMITA: Never to enclose it no%
CHAIRMAN GOEHRINGER: And it presently houses approximately
four cars?
MR LACALAMITA: Yes.
CHAIRMAN GOEHRINGER: Alright. And you will call us and tell
us how close it is to that closest property line on the side.
MR LACALAMITA: How soon will we know because they're anxious
to know?
CHAIRMAN GOEHRINGER: Probably in about a week or ten days.
MR LACALAMITA: Very good. I'll call you back and you want
to know from one property ....
CHAIRMAN GOEHRINGER: I want to know from the front monument
on Henry's Lane, how close it is and I want to know how close
it is to that closest property line, which is really like the
Page 3 - July 12, 1991
Public Hearing - Randi Lacalamita
Southold Z.B.A.
CHAIRM3~N, cont'd: northwest side.
MR LACALAMITA: Very good. That's it?
CHAIRMAN GOEHRINGER: That's it.
MR LACALAMITA: Thank you very much.
CHAIRMAN GOEHRINGER: Does anybody else have any other
questions for this gentleman? (He's gone). I'm sorry we had
a discussion concerning the individual setbacks myself and
the Board since the hearing. I had no idea he was leaving.
I'm sorry I apologize.
(UNIDENTIFIED): Do you want us to call him back?
CHAIRMAN GOEHRINGER: No that's alright.
MEMBER DOYEN: No unless someone had a question.
CHAIRMAN GOEHRINGER: I mean I think he pretty much answered
all our questions. Did you have any questions?
MEMBER VILLA: The only question I had was, did I hear him
say he couldn't drive to the backyard?
MEMBER DOYEN: It seems that he did say that.
CHAIRMAN GOEHRINGER: Well I think the property falls away in
the back.
MEMBER DOYEN: He's got a 21 foot offset on that side.
CHAIRMAN GOEHRINGER: Yeah I know. Alright well we're going
to get the approximate side yards that this thing and the
front yard that this thing is off so we'll make a
determination at that point.
MEMBER DINIZIO: What was submitted to the building
department?
MS KOWALSKI: That was what was submitted to the building
department.
MEMBER DINIZIO: This, right here?
MS KOWALSKI: That yes and I have another one.
MEMBER DINIZIO: I'm wondering how he could have approved
that.
Page 4 July 12, 1991
Public Hearing - Randi Lacalamita
Southold Z.B.A.
MS KOWALSKI: And this. Do you have a copy of the building
permit.
CHAIRMAN GOEHRINGER: Yes.
MEMBER DINIZIO: So okay.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to
speak in behalf of this application, either for or against?
Seeing no hands (TAPE CUT OFF)
Appl. No.: 4028
Applicant(s): Richard Oliveri
Location of Property: Crescent Ave, Fishers Island, NY
County Tax Map No.: 1000-6-6-20.5
CHAIRMAN GOEHRINGER: (TAPE CONTINUED) That has been again
postponed, so we will continue that postponement and I will
offer a resolution postponing it without a date at this
particular point.
ALL IN FAVOR - AYE
Appl. No.: 4036
Applicant(s): Ellen Braunstein
Location of Property: Corner of Wendy Dr and Pec. Bay Blvd.,
County Tax Map No.: 1000-128-5-7 Laurel, NY
The Chairman opened the hearing at 7:45 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the survey produced by
Alden Young, dated October 1, 1975 indicating a one story
frame house almost perfectly centered in the property, a
little more toward the rear of the property. And I have a
copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. It appears that the
application that is before us is for an addition to the rear
of the dwelling which is approximately 15 x 15. We would
like to ask the agent for the applicant if he would like to
speak please. Just state your name for the record if you
would?
MR REILLY: Norm Reilly, president of A. Reilly and Sons. If
you have any questions I would be happy to answer them.
CHAIRMAN GOEHRINGER: This will be a permanent addition to
the rear of the dwelling?
MR REILLY: That's correct. It's attached.
Page 5 - July 12, 1991
Public Hearing - Ellen Braunstein
Southold Z.B.A.
CHAIRMAN GOEHI~INGER: What kind of foundation will it be?
MR REILLY: It will be according to the building codes of the
Town of $outhold, State of New York, we'll have a crawl space
and it will be framed according to the building codes.
CHAIRMAN GOEHRINGER: And I assume the setback I believe is
35 feet and you will have if the Board is so willing to grant
this application, a 25 foot setback so you are looking for a
reduction of approximately 10 feet?
MR REILLY: That's correct.
CHAIRMAN GOEHRINGER: What is the approximate offset off the
corner of the house?
MR REILLY: Approximately 5 feet.
CHAIRMAN GOEHRINGER: Okay great. I don't have any other
questions, it's a one story addition right?
MR REILLY: Yes. It will, slope roof, a. couple skylights and
that will be that.
CHAIRMAN GOEHRINGER: Does anybody have any problems with
that?
MEMBER VILLA: Yeah, are they going to leave all of that
dense landscaping intact back there, you're not going to take
any of that.
MR REILLY: That's correct, nothing will be touched back
there at all.
CHAIRMAN GOEHRINGER: Does anybody have any other questions7
I have no problems with this application I'll make a motion
to approve it as applied for.
ALL IN FAVOR - AYE.
Page 6 July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
Appl. No.: 4032
Applicant(s) Mary and Peter Blank
Location of Property: Peter's Neck Road, Orient, NY
County Tax Map No.: 1000-32-1ipart of 2 and 4 also lot 3
The Chairman opened the hearing at 7:50 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a map produced by
Young and Young or Howard Young the most recent date is June
4, 1991. Indicating parcel one which is an area which is the
nature of this application of 1.6461 acres and parcel two an
area of 1.7478 acres and I have a copy of the Suffolk County
Tax Map this and surrounding properties and for the record
this was a condemnation I believe by the New York State
Department of Environmental Conservation and these are the
remainder parcels left from that condemnation. Mr. Angel
would you like to be heard concerning this?
MR ANGEL: Yes I would.
CHAIRMAN GOEHRINGER:
you?
It's so nice to see you again. How are
MR ANGEL: I haven't been here in a while.
CHAIRMAN GOEHRINGER: Yes you haven't.
MR ANGEL: Really not since Bob Villa got on the Board.
his pavilion face it's a different setting. Can I, do I
speak into the microphone?
With
CHAIRMAN GOEHRINGER: Unless anybody complains.
MR ANGEL: I prefer just not standing back and addressing you
directly in the bank.
CHAIRMAN GOEHRINGER: You can hear it?
MS KOWALSKI: I think so. I'll let you know if I don't.
MR ANGEL: I'll speak loudly. Does the audience want, do
they hear better if I speak in the mike.
CHAIRMAN GOEHRINGER: There's a microphone right here.
MS KOWALSKI: It might be better.
MR ANGEL: I'll do whatever you want me to do.
Page 7 - July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MS KOWALSKI: You better use the mike, that would be better.
CHAIRMAN GOEHRINGER: You know what you could do, you could
pull that table over if you wa~ted to use it.
MR ANGEL: Is it better if I speak to the mike? Mr.
Goehringer was correct this is an application for variances
of lots that were in fact reduced in size as a result of
condemnations by the New York State Department of
Environmental Conservation, the DEC. As I said my name is
Stephen Angel I represent the applicant, an attorney in
Riverhead and what we're seeking here are a series of
variances from your Board. A front yard variance as your
Board describes front yards, from about 60 feet to 40 feet
and a rear yard variance from 100 feet to 60 feet. A lot
depth variance from 400 feet to 40, but the way you measure
your lot, the way you define lot depth, did I say rear yard
or depth, lot depth is sort of unusual in the ordinance and
the nature of our variance here is not going to be as great
as it sounds as you see in the survey. And finally a lot
coverage variance, we want to increase the permissible lot
coverage in this five acre zone from 5% to approximately 16%
and 24% given the remaining parcels. Now Mr. Goehringer
identified a survey or a couple of surveys I think that were
prepared by Young and Young in this case. We have updated
those surveys and I would like to present essentiality the
same surveys to you with some additional information on them
and they most recently revised today. The first survey which
is marked as "A" is a survey of the area showing the building
envelope that we are requesting. The ones showing the
variances that we are requesting.~ It has bunch of
information on it, which you have on those other surveys but
it also includes the 5 foot contour from the Suffolk County
Topo. And the precise measurement of the depth of lot as
measured by your ordinance. In addition to the other stuff
that you see on the one that's already been submitted and
with your permission Mr. Goehringer I would like to hand this
out. I have a bunch of copies for you, how many would you
like?
MS KOWALSKI: About six would be great.
MR ANGEL: How we produce this. I think Howard is ..... Now
I have a survey also prepared by Young and Young which is
delaminate "B" which shows the extent of the building
envelope if all setback requirements were adhered to, given
the lot configuration we're left with. Or the lot
configurations we're left with after the DEC taking and you
will see it's dramatically less. If you look at those
parcels and they're both shown on Plain "B", parcel one
Page 8 - July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MR ANGEL, cont'd: originally consisted of 4.1742 acres,
parcel two originally consisted of 9.1525 acres all of the
land not remaining was taken by the DEC on October 26, 1990.
We're left with as you said Mr~ Goehringer parcel being
1.6461 acres and parcel two being 1.7478 acres clearly less
then what's required under the 200 square foot minimum zoning
requirement in this zone. Now I've mentioned to you briefly
what the requested variances are, I don't think that I need
to go over with them again. We respectfully submit that in
this situation we have a practical difficulty, obviously the
difficulty was created by the condemnation for the record we
have opposed the condemnation from day one, the Blanks of the
many people who were involved in the, as lot owners,
condemnation conducted by the DEC were perhaps one of two or
three that have actually not sit with the DEC they fought it
out and tried to maintain their property and did not arrive
at a voluntary agreement. There's no self created hardship
by doing this. As I said the DEC took their property there
is not even an agreement as to price on their property. That
is going to be the subject of a claim in the court of claims.
The variances that we're seeking I respectfully are not as
substantial as they seem at first glance. The property
around that is developed on lots are not in the, certainly
are not 5 acres, the ones on Peter's Neck. There are some
that are small there. More over the lot sizes themselves
that we're left with are surrounded by a tremendous amount of
open land that the State has taken, it used to be part of it.
We're not in a situation where by allowing the development of
these two parcels you are creating houses on what are going
to appear to be smaller parcels. They-are going to be
surrounded hopefully in perpetuity by the large expansive DEC
acquired wetlands. It's not going to effect the substantial
change in the character of the community, we can't solve the
problem other then by getting variances from you. I should
point out in this regard that in all their conversations and
in all their approach to dealing with the Blanks the DEC has
taken a position that what is remaining, in other words these
parcels one and two that you see, are buildable parcels.
They have made payments to Mr. and Mrs. Blank in accordance
with law, they have to make an advance payment and those
advanced payments are predicated on these two parcels being
buildable. I'm not saying you are bound by that, but the DEC
has treated it as such. It's not like they required or paid
for the use of these parcels. They have assumed through
purposes of their condemnation that we can get a building
permit on each one of these parcels.
CHAIRM3%N GOEHRINGER: Why did they do that Mr. Angel rather
than allowing the variances to occur first?
Page 9 July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MR ANGEL: They wanted to take the property. Their timetable
is their own. They just did it. They were convinced, in my
conversations with them, know whether they are wrong or right
they were just convincing, based upon unidentified
conversations with people in this town that they were going
to remain as buildable parcels. They never explained to me
why they were convinced of that. Though I have had numerous
discussions about the value of property and they have always
taken the position, that what remains are two building lots.
But as far as waiting for a variance, I personally think that
they have an agenda, they wanted to acquire a whole bunch of
properties in Orient. The properties were acquired under
funds that were made available back in 1972 on the 1972
environmental bond act. They developed their agenda and they
just went ahead with it. I don't think that they made
municipal approvals. There wouldn't be municipal approval
applications on anything that they did in the Orient
positions.
CHAIRMAN GOEHRINGER: Thank you.
MR ANGEL: The other thing that is involved in this
application is there's also a 280A application because we are
building on a private road. That's a little bit of an
interesting question, because I think 280A requires an
application for a variance to build on a road that's not part
of the official map. If you look at your official zoning map
the road is on that map. I leave it to you people to decide
whether the 280A application would be necessary in this case.
I believe that when my associate John Wagner checked into the
necessity of the 280A application there was a subdivision
done at the end of Pete's Neck off this road within the last
few years, a minor subdivision and I don't believe that that
had a 280A application. That doesn't necessarily mean that
we shouldn't, but I want to bring that to your attention. We
previously submitted single and separate certificates that go
back until 1962, we're led to believe that in 1962 and even
prior there to has been thereafter for a few years the town
uniformly allowed divisions to these large lots without the
necessity, especially where there's only a five lot and four
lot subdivision, not be a necessity of minor subdivision
frugal. I'm here and the Blanks are here to answer any of
your questions.
CHAIRMAN GOEHRINGER: How long has this road been in
existence?
MR ANGEL: Well the road was created as a separate parcel in
1962. How long is it physically been there?
Page 10 July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Yeah.
MR BLANK: 1938.
CHAIRMAN GOEHRINGER: And how long has it been in actually
improved to the point of either asphalt or some sort of hard
base surface.
MR BLANK: 1955, something like that.
CHAIRMAN GOEHRINGER: Thank you.
MR ANGEL: And there's one thing that by the way John was
going to be here tonight, but somebody is ill in his family,
he could be here so I'm handling this all by myself. He
promised that he'd bring Linda a copy of the Peconic Bay
Estuary CEA, the critical environmental area map and a
resolution. It is possible, again I'm not sure, that we fall
within that area. I'm not as you can see from looking and I
have an extra copy of this map, as you can see from looking
at it is not a very paced boundary.
CHAIRMAN GOEHRINGER: We've had that trouble with the flood
plain maps, I assure you.
MEMBER VILLA: Jerry could I ask you a question?
CHAIRMAN GOEHRINGER: Sure.
MEMBER VILLA: Mr. Angel, I don't have'a problem with the 40
foot setback from the front,~ from the road too much, but
looking at the parcels, looking at parcel one, just working
off this as a one inch equals 100 feet, it would appear that
the depth of parcel is about 60 feet plus or minus. The
building envelope. Now, the Trustees will require a 75 foot
setback from the wetlands, have the Trustees been approached
at all on this?
MR ANGEL: No they haven't. The reason, in fact, I'm going
to brutally honest with you, I'll just tell you what
happened in this application. When we originally drew the,
or asked Howard Young to draw the lines, we suggested a 75
foot setback from the wetlands line and Howey told us, Howeys
very familiar with this area. Howey was the surveyor for the
DEC on all the acquisions and has been involved in
applications representing people on both sides and he
suggested the setbacks that we have now because I guess with
the DEC taking he was familiar with the DEC approving a
setback similar to the ones that you see here. He had made
that suggestion to give us more area in which to deal with
Page 11 - July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MR ANGEL, cont'd: the zoning, more area to deal with placing
the structures for a house.
MEMBER VILLA: Well I just, I ~as just wondering if your
clients would you know if you reduce that 60 foot plus or
minus to meet the 75 foot from the wetlands you still have a
35 foot building envelope and most houses aren't 35 feet in
depth.
MR ANGEL: Which one are you talking about parcel one or
parcel two?
MEMBER VILLA: Parcel one. Parcel two you even have a
greater depth with that one is about 90 feet plus or minus.
MR ANGEL: Well needless to say, we like the flexibility,
certainly 35 feet to build a house is sufficient, but here
you are talking about, we want an area that may be sufficient
to place a deck or a pool, we don't know what's going to come
in ultimately when an application is made to build a house.
We realize that we have to make an application to the DEC
after we come before you and we have to make an application
to the Trustees, all of those applications will be made. So
if I have a way to, if I can take a position I would sooner
have the building envelope as it appears on the survey and
then make my application to the Trustees and deal with their
setback before that Board.
MEMBER VILLA: They are looking down a loaded gun, so to
speak, because you have already gotten~a variance from us.
MR ANGEL: We haven't gotten a variance from them though.
MEMBER VILLA: No. I know. But it makes it more difficult.
That's why I was wondering if you could live within the
existing setbacks without requiring the variances.
MR ANGEL: Well to be honest with you, I think that parcel
one, there would be a diminution in value in the lot if we
went to a 35 foot, if we went to the 75 foot setback. Parcel
two is more, is...
MEMBER VILLA: Yeah it's 90 feet.
MR ANGEL: Is a bigger area, we have more room to play with.
Once you get down in this area, I don't know if you have
visited the property Bob, you have, it's magnificent
property.
MEMBER VILLA: Oh yeah.
Page 12 July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MR ANGEL: I mean it's one of the two nicest lots I've seen
since I've been practicing on Long Island. In my opinion,
the constriction of the building envelope in lot number,
given by that additional 50 fe~t, may make a substantial
difference in value to the parcel, because you are looking at
a parcel that is going to appeal to somebody with means.
MEMBER VILLA: Well you are talking about a deck or
something, would they be at all adverse to restricting a
major, you know a major building where you would require a
foundation and everything else to the 75 foot.
MR ANGEL: I haven't laid it out but, it sounds, we certainly
could look at that. The idea of the building envelope since
nothing has been designed as yet and we're left with the
condemnation facing us that assumes that you guys have done
all this is to find out whether we do have the right to
build on those lots, certainly that's an important issue for
us in facing the condemnation part. But you know, I mean I
can't, we haven't analyzed that setback, but it seems to me
that if the house is, if the foundation is sufficient enough
for a house and there is more room which could fit deck and
other accessory structures could probably be easily livable.
CHAIRMAN GOEHRINGER: Any other questions?
MEMBER DINIZIO: Just as far as size is concerned of parcel
one, what is the footage, the road frontage of the buildable
lot? I ...
MR ANGEL: What is the what?
MEMBER DINIZIO: The road frontage of the buildable parcel.
There is no measurements on here so I really can't.
CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a
298 + 146 + 99.
MEMBER DINIZIO: No, no I'm talking about just this part.
MEMBER VILLA: You're talking about the envelope.
MEMBER DINIZIO: Just right here.
CHAIRMAN GOEHRINGER: Oh, the envelope.
MR ANGEL: We could scale that off. It's 140, 1 inch equals
40 or 1 inch equals 100.
CHAIRMAN GOEHRINGER: 1 inch equals 100.
Page 13 - July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
MR ANGEL: What does that look like Bob about 160, 1757
MEMBER VILLA: Probably more t~en that about 180.
MR ANGEL: Okay 180. And the other one's maybe 200. We have
no expectation that there would be structures in that entire
area. What we've chosen is a building area in which we can
impose the structures. I don't think there's any intention
of developing a 24% coverage on this lot with impervious
materials, you know we would, if you felt it necessary to
limit the percentage of coverage to something less then that
if it fit in this area we would have no objection to that.
What we want is ...
MEMBER VILLA: That's an area where you could put a house.
MR ANGEL: An opportunity, yeah an area where we could put a
house potentially a pool if they wanted it potentially a
deck. Some area where we can locate those structures, that's
what we're looking for.
CHAIRMAN GOEHRINGER: When you referred to the 16% of lot
coverage, Mr. Angel, you are referring to lot number one or
lot number two?
MR ANGEL: 16% is lot, the 16% lot coverage is the total
building envelope shown on "A" for lot number one, given the
reduced size of the lot. The 25%, and it's slightly more
than that, it's shown on the map by the way, the computation,
all these computations are on that new map. You'll see it on
the side, it's 24.7 and 16.8 and it shows it Jerry on the
right hand side.
CHAIRMAN GOEHRINGER: Yeah.
back to the first map.
I see it now. I was still going
MR ANGEL: If you use this .... By the time Howey prepared
this today he put on just about everything. The only thing
we don't have on is the flood zone, which I tried to read and
is either A6 or B something.
CHAIRMAN GOEHRINGER: We have a copy for you if you want it.
MR ANGEL: I have a map too. But as you know, the flood zone
questions are going to, they'll have to be determined at a
construction phase, if whatever the construction requirements
of the particular zone we're just going to have to move them.
CHAIRMAN GOEHRINGER: Right. Does anybody else have any
Page 14 - July 12, 1991
Public Hearing - Mary and Peter Blank
Southold Z.B.A.
CHAIRMAN, cont'd: further questions concerning this?
Anybody in the audience like to speak concerning this
application? Seeing no hands,.Mr. Angel, I assume we'll
continue with the deliberation~ after this and any other
further questions gentlemen? Okay. Hearing no further
questions we thank you for your presentation and I'll make a
motion to close this portion of the hearing reserve decision
until later. We'll extend this hearing until Monday in
receipt of information from the Planning Board concerning the
subdivision in this area.
MS KOWALSKI: Just a written part of the record.
CHAIRMAN GOEHRINGER: Written portion.
ALL IN FAVOR - AYE.
Appl. No.: 4034
Applicant(s): Anthony and Maria Mercorella
Location of Property: 2260 Peconic Bay Blvd., Laurel, NY
County Tax Map No.: 1000-145-4-4
The Chairman opened the hearing at 8:15 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan,
the placement of the building appears to be in the same
position as it was in 1990, the difference and the nature of
this application appears to be the fact that we are now
asking for a second story accessory dwelling for storage
purposes. How do you do sir., would you kindly state your
name.
MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella
I'm the applicant.
CHAIRMAN GOEHRINGER: How do you do? Is there anything you
would like to state for the record Judge?
MR MERCORELLA: Yes, we would rather put the preliminary
plans together rather hardly after remodeling the
which is located on the same piece of property and so that we
did not consult at length with an architect. But this house,
after having dispensed with certain sums of money to remodel
it, leaves us short of any storage area. We have no basement
because of the wetland situation, we have no attic space
because of the height restrictions and we have a half acre of
property and we do have a deck, we have considerable garden
furniture and I do a lot of gardening and we need to store
our gardening equipment and our garden furniture and other
Page 15 - July 12, 1991
Public Hearing - Anthony and Maria Mercorella
Southold Z.B.A.
MR MERCORELLA, cont'd: things we are intending to everyday
living in some area other than the house. The house itself
when we applied, when we built the house we conformed to the
original envelope, the original foot. We didn't apply for a
variance with respect to that. So it's a question of
convenience, the story this time and also we want to conform
the accessory dwelling to the existing house, so there would
be some symmetry. We had previously asked for a, a pull down
ladder, but that wouldn't afford us the excessive building to
store these rather large things upstairs. Also we intend to
buy a boat perhaps and we would like to store that in the
garage and that would preempt us from any necessary storage
space. Basically that's it.
CHAIRMAN GOEHRINGER: Could you tell us the purpose of the
half bath on the second story.
MR MERCORELLA: The half bath is really a, I would want a
sink and a toilet basin so that I'm in the garage or in the
little work shop that I would like to put in the garage I
don't have to run back to the main house.
CHAIRMAN GOEHRINGER: Will the building be heated in any way?
MR MERCORELLA: No sir.
CHAIRMAN GOEMRINGER: Okay. I thank you so very much.
Before you sit down, does anybody have any questions from
this gentleman? Thank you so much. Is there anybody else
who would like to speak either in favor or against this
application? Seeing no hands I'll make a motion closing the
hearing reserving decision until later.
ALL IN FAVOR - AYE.
Appl. No.: 4035
Applicant(s): Mr. and Mrs. Eugene Croasdale
Location of Property: 595 North Parish Drive, Southold, NY
County Tax Map No.: 1000-71-1-6
The Chairman opened the hearing at 8:20 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a sketch, it's
actually a site plan produced by Garrett A. Strang
Architects, the most recent date is June 19, 1991 indicating
the proposed garage addition approximately 13 feet from North
Parish Drive and it appears 16 feet wide and approximately 22
feet deep and approximately 4 feet from the westerly property
line. I have a copy of the Suffolk County Tax Map indicating
Page 16 - July 12, 1991
Public Hearing - Mr. and Mrs.
Southold Z.B.A.
Eugene Croasdale
CHAIRMA/~, cont'd: this and surrounding properties in the
area. How are you Mr. Strang?
MR STRANG: I'm fine thank you~ yourself?
CHAIIAN5~/~ GOEHRINGER: Good, thank you.
MR STRANG: The application I think pretty much states what
we're trying to accomplish here. We have an existing house
that was built probably somewhere in the mid sixties, mid to
later sixties. It does not have a garage. My client, Mr.
Croasdale, is not the original owner or the person who built
the house, he's purchased it I guess in one of the resent
years and is the second or third owner. He has a need for a
garage. The placement of the house, I guess at the time it
was built it was set with a minimum front yard, now for what
reason I can't say. I believe that the front yard, existing
front yard was in compliance with the zoning at the time it
was built. And we have no real alternative as far as a
placement for a garage on this property. There is a driveway
there presently where he can park his car on site, but again
we'd much rather prefer to be able to house his car in the
garage and since we can't put the garage in the rear yard and
there's really no room to place it on the side, given the
side yards as being what they are. We're left with this as
our only alternative for the placement of the garage.
CHAIRF~%N GOEHRINGER: It's an interesting situation because
we have been wrestling with the differences between front
yards and rear yards in waterfront parcels for years and the
problem that we have is that we always wanted enough area so
that if the garage door was closed, the car would at least
being outside of the garage would be on the person's property
and not hanging out into the road and that's one of the
problems that we have here with this particular application,
unless you had a Honda civic, the car is going to hang out
into the road.
MR STRANG: Well the reason if you'll note on the site plan
did indicate that although the property line is given, the
actual right of way is wider than the actual pavement which
is normal in most communities today and the edge of the
pavement is depicted on the site plan and there is a 25 foot
dimension from the edge of the pavement to the garage if they
were parked in the front of the garage, so in essence,
although the vehicle would not be totally contained within
the property, it still would not extend out into the public
traveled road.
CHAIRFJ~N GOEHRINGER: Okay and what is the purpose of the 4
Page 17 - July 12, 1991
Public Hearing - Mr. and Mrs. Eugene Croasdale
Southold Z.B.A.
CHAIRMAN, cont'd: feet from the, I assume that's west..
MR STRANG: The 4 foot side yard on the west is presently as
you see noted on the site plan~there is an existing entry
porch which is our intention to become a basic vestibule
transition area. There is a door that comes from presently,
that comes from this porch and enters into the kitchen area,
which is in what I'll refer to as the southwesterly corner of
the house, that is the garage, I'm sorry is the kitchen and
there is a door from the kitchen out into this area that's
noted as a porch, so the 4 foot is sort of dictated so that
we have 3 feet left over if you will from the existing corner
of the house to allow entrance into this area without having
to walk through the garage and get to the door to the
kitchen.
CHAIRMAN GOEHRINGER: What's the approximate height of the
garage wall in that 4 foot setback area.
MR STRANG: It would be a normal 8 foot wall, obviously
probably one course of block or cell above grade, because 8
inches is mandated by code to be from existing grade to the
beginning of framed structure, so we'd be looking at maybe 9
feet to the plate line and then give a little.
CHAIRMAN GOEHRINGER:
both sides.
MR STRANG: That's right
imagine at the present time.
base to the road as I
CHAIRMAN GOEHRINGER: I don'~ have any other questions. Does
anyone else have any questions? Mr. Villa? Dinizio?
MEMBER DINIZIO: No.
MEMBER VILLA: I know why you have the three foot offset, but
is it really a problem to line up the garage so you'd have a
7 foot offset, I mean we normally require what's it 10 feet?
CHAIRMAN GOEHRINGER: Yes.
MR STRANG: The side yard would normally be 10 feet in this
district, yes. If we were to slide over the other 3 feet
that would basically mean you'd have to walk through the
garage to get into the vestibule if we go that particular
transitional area and into the kitchen, through the kitchen
door, so we did shift it off to the side specifically so that
you could have a door at that point or opening or someway to
get into this transitional area to get into the kitchen
without having to open the garage door per say and walk
Page 18 - July 12, 1991
Public Hearing - Mr. and Mrs. Eugene Croasdale
Southold Z.B.A.
MR STRANG, cont'd: through the garage.
MR VILLA: I realize that but you still, even if that we
would have to grant a variance~because it would be 7 feet
instead of 10.
MR STRANG: That's true. Even if it were to be in alignment
with the corner of the house we would need a variance still
for the side yard and it really, we did look at the
possibility of shifting it further to the east which would
prevent, would present a difficulty in that we have a window
in the kitchen, the only window in the kitchen is basically
right on that corner of the house facing the southerly
direction and we would then be coming over that window and
not allowing any natural light to come into the kitchen.
CHAIRMAN GOEHRINGER: Also the other thing would be of course
if the Board would grant any type of alternate relief or this
application as it stands, it will clearly state that there
would be no closing of any other side yards and the other
side yard would be the east side yard.
MR STRANG: That's right I don't see any reason why we would
have (microphone not picking up) no further encroachment on
the other side that would maintain a 17 foot side yard.
CHAIRMAN GOEHRINGER: Okay. We'll see what else develops,
thank you very much for your presentation. Is there anybody
else who like to speak either for or against this particular
hearing? Seeing no hands I make a motion closing the hearing
reserving decision until la,er.
ALL IN FAVOR - AYE.
Appl. No.: 4024
Applicant(s): Ronald Stritzler, M.D.
Location of Property: 3055 Soundview Ave, Mattituck, NY
County Tax Map No.: 1000-94-1-14
The Chairman opened the hearing at 8:30 pm and read the
notice of hearing and application for the record.
CHAIR/4AN GOEHRINGER: One behalf of Dr. Ronald Stritzler it
is a hearing that we have postponed from the last regularly
scheduled meeting and, Doctor, you have patiently sat there
through the major portion of our hearings tonight and you are
very welcome to speak, we do have some questions of you.
DR STRITZLER: I'm the applicant and I would be happy to
answer any questions or address the issue of why we selected
Page 19 - July 12, 1991
Public Hearing - Ronald Stritzler, M.D.
Southold Z.B.A.
DR. STRITZLER, cont'd: this however you wish.
CHAIRMAN GOEHRINGER: Why don't you address that issue of why
you selected that area. I
DR STRITZLER: For those of you who have seen the property I
think, would recognize that the contours of the property are
very steep and there are numerous trees throughout as well as
lawns and gardens and berms that we have worked on for quite
a few years now. The particular site that we have chosen is
one where we have a vegetable garden many years ago and we
know it's been level and although there has been some
incredible pollination and growth there over the years, it
looks a lot like the amazon jungle. There is actually very
few trees that have to be taken there as opposed to any other
conceivable site where there would be more than 24 trees that
we have calculated. There, there may be at most 4 and only 2
and obviously both the cost involved in leveling the land and
the environmental effect have made this a seemingly the most
preferable site. And also there's an issue here that we can
punch in right from the road with the equipment necessarily,
excuse me, do the tennis court, whereas at , actually any
other site the equipment would have to come on our land and
would certainly cause some problems in terms of lawns and
gardens we have.
CHAIRMAN GOEHRINGER: Dr. the approximate size of the court
itself, is how wide?
DR. STRITZLER: It's approximately 120~ feet in length, maybe
140 feet, I forget frankly, by 65. I'm not, frankly I've
forgotten those exact measurements, I didn't look at the
dimensions before I came, I'm sorry.
CHAIRMAN GOEHRINGER: Right. And the fence you're proposing
is 8 feet or 10 feet?
DR. STRITZLER: 8 feet, it's an 8 feet fence, said by the
person to put it up to be "invisible". It's not a chain-link
fence by the way.
CHAIRMAN GOEHRINGER: Oh, it's not a chain-link.
DR. STRITZLER: It's not a chain-link fence, it is a
that is much less visible than a chain-link.
CHAIRMAN GOEHRINGER: And the court will not be lighted?
DR. STRITZLER: It will not be lighted.
Page 20 - July 12, 1991
Public Hearing - Ronald Stritzler,
Southold Z.B.A.
M.D.
CHAIRM~N GOEHRINGER: Well we'll go over to my other two
gentlemen over there, fellow Board Members, and ask them if
they have any questions concerning this application.
MEMBER VILLA: My only concern is that it's quite close to
the neighbors house, the neighbors house is very close to his
property line and that's why I was wondering if it couldn't
possibly be shifted to some extent.
DR. STRITZLER: I'm not sure, which house?
MEMBER VILLA: Well on the survey it says something about
Rodney W. Cane or John Miller I'm sorry.
CHAIRMAN GOEHRINGER: John Miller.
DR. STRITZLER: That property there, there's no
house there, I actually spoke to the man who's actually
willing to come here with me to support my presentation
actually. So in terms of that particular man, there is no
objection. In terms of fixing it, I would be willing to
shift it to any reasonable degree, but the shifting will then
involve the knocking down of trees, to a significant number.
CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you
so much for coming in and it's a pleasure meeting you. I was
up the other night in between, the lights were on, not in the
house, there were some spot lights on, I did run up with my
old pick up and I did look at the area~ It's a beautiful
piece of property. Absolutely magnificent.
DR. STRITZLER: Thank you very much.
CHAIRMAN GOEHRINGER: We'll do the best we can for you.
Thank you again. Hearing no further questions I make a
motion closing the hearing reserving decision until later.
ALL IN FAVOR - AYE.
Page 21 July 12, 1991
Public Hearing - Joan and Richard Zeisler
Southold Z.B.A.
Appl. No.: 4036
Applicant(s): Joan and Richard Zeisler
Location of Property: 700 Jackson's Landing Rd, Mattituck,
County Tax Map No.: 1000-113-~-9 NY
The Chairman opened the hearing at 8:35 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey produced by
Roderick Van Tuyl P.C. dated July 11, 1991 indicating a
proposed garage in the dotted postage stamp area that most
surveyors usually use showing approximately 23 feet from the
front property line, 9 feet from the southwesterly property
line and somewhat falling within the normal conformities of
the existing dwelling. And I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in
the area. Mr. Zeisler would you like to be heard?
MR ZEISLER: First of all I just want to say it's Joan not
John Zeisler.
MS KOWALSKI: Oh. That's a typo. I'm sorry.
MR ZEISLER: I'm now calling her Joan. We're moving out here
permanently and we really need the garage for just storage
space, we're going to have ground. There's going to
be no becoming a nuisance. Certainly an accessory building
as a garage and a storage space above and on the rear walls.
You know the normal.
CHAIRMAN GOEHRINGER: Okay. ~ Is it going to be a one story
garage?
MR ZEISLER: Well it's the same, I'm sorry, here is what it's
going to look like.
CHAIRMAN GOEHRINGER: Okay.
MEMBER VILLA: It's the same height as all the other
buildings.
CHAIRMAN GOEHRINGER: All the other attached buildings.
Okay and what's the approximate size 20 X 20?
MR ZEISLER: 20 X 20. And we're not doing any excavating,
it's going to be on a slab. Do you want to see a nice
picture?
CHAIRMAN GOEHRINGER: Really nice. I remember when we had
the original Flood law variance. Thank you. All those
Page 22 - July 12, 1991
Public Hearing - Joan and Richard Zeisler
Southold Z.B.A.
CHAIRMAN, cont'd: portions of those buildings were actually
brought in, were they brought in separately or were they
built on site.
MR ZEISLER: No, they were all built, everything was built on
site.
CHAIRMAN GOEHRINGER: Everything was built on site.
MR ZEISLER: And as I say the DEC will give a letter of non-
use decision. We have over the 10 and half feet in the
width. We haven't gotten it yet, but they told me on the
phone, with the 10 and half feet and where as we have DEC
approval for everything else and this is the furthest away
from the water so.
CHAIRMAN GOEHRINGER: Great. Thank you very much. You want
your get a picture back right. We have a tendency to keep
pictures, do want this back?
MR ZEISLER: Yeah, that I need.
CHAIRMAN GOEHRINGER: That's alright as long as I have the
site map. Thank you. Is there anybody else who would like
to speak in favor or this application? Is there anybody who
would like to speak against the application? Hearing no
further comments, I make a motion closing the hearing
reserving decision until later.
ALL IN FAVOR - AYE.
(Hearings transcribed by
tape, not present at
hearings )
Page 7 - Appl. No. 4027
Halsey A. Staples
Hearing Transcript of June 7, 1991
MR. STAPLES: It may have been a mismeasurement on their part. I don't know.
It may have been a rise where they did the test hole or they may have picked
the highest point.
CHAIRMAN: You have Health Department approval for this lot then.
MR. STAPLES: Yes, yes.
CHAIRMAN: O.K.
MR. STAPLES: I have met or excelled in every board except the building
department had 6 problem with Joe Deyer owning all the lots. That's the
only thing I had a problem with.
CHAIRMAN: That Health Department approval is predicated on your using the
Town water system. Is that correct?
MR. STAPLES: Yes, that is correct.
to use it so I will be using it.
If city water is available you have
CHAIRMAN: Thank you very much Mr. Staples. Is there anyone else who would
like to speak in favor of this application? Anyone like to speak against the
application? Any further questions? Hearing no further questions I will make
a motion closing the hearing and reserving decision until later.
ALL IN FAVOR - AYE.
Appl. No. 4024 - RONALD STRITZLER, M.D.
The Hearing opened at 7:55 p.m.
The Chairman read the legal notice for the record and the application
before hearing testimony.
CHAIRMAN: Survey by Young and Young dated February 14, 1973 indicating the
nature of this lot. Actually it is a total of 3.9 acres but this particular
lot is 2.464 and the location of the tennis court is 60' from Soundview Avenue,
25' from the westerly property line. We will ask the applicant in reference
to size . I have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Is Dr. Stritzer here?
LINDA: He didn't think he could make it. There is a letter in the file.
CHAIRMAN: O.K. Did he indicate to us if this was going to be lighted or
unlighted.
Page 8 - Appl. No. 4024
Ronald Stritzler, M.D.
Hearing Transcript of June 7, 1991
LINDA: I don't think so.
CHAIRMAN: Do we have any indication that these lots are in single and
separate ownership or if they are merged and what are they.
LINDA: They are merged. I couldn't find any approval upon it.
CHAIRMAN: Therefore, we don't have to worry about putting a primary structure
on, this being the only primary sturucture on this lot.
LINDA: That is correct. I can assure you of that.
CHAIRMAN: He is not looking to build a house on his front lot.
LINDA: Not today. He is aware of it.
C~AIRMAN: The only question I have for the good doctor is if he intends to
light the tennis court. If you want to close it or what do you want to do.'
Do you want to close it or recess it until he gets back to us. What do you
want to do on this?
LINDA: I don't want to close it until we get an answer.
CHAIRMAN: O.K. Is there anyone else who would like to speak in favor of this
application? Is there anyone who would like to speak against this application?
Soundview Avenue in Mattituck tennis court in the frontyard area. There is
no one here. I will make a motion closing the hearing based upon the fact that
the letter comes back within two weeks, if not, we will have to reopen the
hearing. I make that as a motion.
ALL IN FAVOR - AYE
Appeal No. 4029 - CHARLES AND ANGELA KYRIAKOUDES
The Hearing opened at 7:57 p.m.
The Chairman read the legal notice for the record and the application
before hearing testimony.
CHAIRMAN: Copy of the site plan from Michel & Associates most recent~date is
3/1/91. Nature of this application is basically Zoning Ordinance 239.4 and
distance from. I have a copy of the Suffolk County Tax Map indicating this
and surrounding properties in the area. Could I ask you to state your name
for the record. You don't have to get up.
questing approvals of the reduced lot
NOTICE OF HEARINGS --
NOTICE IS HEREBY GIVEN,
:~uant to S~ctinn 267 of the To~
w and the Code of the Town of
~thuld, the following matters will
held for pubhc heatings before gte
)UTHOLD TOWN BOARD OF
>PEALS at the Southold Town
dl. 53095 Main Road, Southuld,
[ 11971, on FRIDAY, JULY 12,
~1, c~rnmencing at the iL'ne speci-
d below:
7:30 p.m. Appl. No. 4033 --
~NDI LACALAM1TA. Reques~ for
nance to the Zoning Ordinance.
dele ~I, Section 100-33 for ·p-
,val of carport in the front yard
i with reduced setbacks from the
at and sid~ property lines.
Property: 1395 Henry's Lane,
-"onic. NY; County Tax Map No.
}0-74-01-10.
7:35 p.m. Appl. No. 4028 --
CHARD OLIVERI. Request for
dance to the Zoning Ordinance,
ucle rrr, Section 100-32 for per-
';sion to locate new principal
citing stmctute with insufficient
,r yard and side yard seth·cks.
ne District: R-S0. Location of
,vcny: Westerly Side of Cresceet
cnue, Fishers Island, NY; Co~nv]
~ Map No.
~ng 2+ acres.
7:45 p.m. Appl. No. 4036 --
LEN BRAUNSTEIN. Request for
.;ance to the Zoning Ordinance,
ticle I~A. Section 100-30.A3 to
:s~ruct addition to dwelling w~h ·
iuced rear yard setback on ~is
' loc Lot a~a is noncc~fom~in$ in
R-40 Zone DistticI. ~on of
,~eny: Corner of W~dy l~ive
:onic Bay Bonier·id, L~urcl, NY;
uny/Tax Map No. 1000-12g-5-7.
~o referred to as Lo~ #A" on the
~p of Rollingwood
7:50 p.m. Appl. No. 4032
~RY AND PETER BLANK.
peal: (a) under Anicie II, Sectic~
0-23, Article m, Secti~ 100-32
I Bulk Schedule. Column "v." re-
which nonconfonmlies remain in pti-
vale ownership following ap-
propriation of the total balance of
land ~ter acquisition by the N.Y.S.
Department of Environmental Con-
servmofl, and l~queslin8 ~proval of
the proposed building ama for place-
ment of principal dwelling structure
with related accesso~/ building(t),
having insufficient setbacks in the
front yard. ~ar yard and lot coverage
in excess of the five (5%) percent
limit, and (b) under New York Town
Law. Section 280-a. inteq)reting non-
jurisdiction or otherwise detomtining
access app~val. Location of Proper-
ty: Al~g Peter's Neck Rind, extend-
lng appmXtmately 2~00 feet south of
King St~et, Hamlet of Orient. Town
of Southold, NY; County Tax Map
Parcel Nos. 1000-32-1-pen of 2 and
4; also L~ 3 (ROW).
8:00 p.m. AppL No. 4034 --
ANTHONY AND MARIA MER-
CORELLA. Request for variance to
thc Zoning Ordinance, Article HI.
Section 100-33 for pe~nission to
amend previous vailance application
and decision rendered July 11, 1990
under Appl. No. 3944 in order to
locate two-car garage building, with
partial enlargement for a second floor
with windows, and other structural
modi~c~tions as showtt on a new c~l-
· traction plan (including plumbing
facilities for a half bath), in an area
other than the required rear yard.
Location of property: 2260 Peconic
Bay Boulevard, Laurel, NY; also
known as Lot 19 on the Map of Edge.
mere Park; County Tax Map No.
10(X)-145-4-4.
8.'05 p.m. AppL No. 4035 -- MR.
AND MRS. EUGENE CROAS-
DALE. Request for a vail·nco to gte
tie· 100-30A.3 to permit addiliea to
dwelling with insufflci~t frmu and
tid~ yard setbacks. Promises is
conforming as to let area and width;
the subject dwelling as exists is
nonconforming as to thc front and
toCtl side yard setbacks in tl~ R-40
ZOn~ Distdcu Location of P~peny:
595 Noah Pa~ish Drive, Southold,
NY; County Tax Map No. 10(]0-71-1-
6. containing 28,250 sq. ft. in total~
9~8~10 p.m. Appl. No. 4024
RONALD STRITZLER, M.D. Re-
quest for variance to the Z~ing Ordi-
nance, A~icie I~ Section 100-33 for
co~tt stmcmm in an area other than
the ~xluired tear yard on this 4.9't:
acm parcel. L~cation of Property:
~05!; Soundview Avenue, Mattituck,
NY; County Tax M~.p No. 1000-9~ff
l~Recessed frma Amc 7, 1991)
8:15 p.m. AppL No. 4037 --JOHN AND
RICHARD ZEISLER. Request for vstiance
tie· 100-30A.4 (100-33) for penulstion to
locate ncc~sso~ two-c~r garage st~ct~ in
an a~a ether than the required rear yard at
700 Jackson's Landing Road, Mattituck.
NY; L~ ama is nonconforming in this R-40
Zone Disttict; Map of Jackson's I~nding,
Lei #7, filed in the Suffolk Ceonty Cletk's
Office as Map #5280; also identified as
County Tax MaD # 10(I0-113-4-9.
Th~ Board of Appeals will at said time
and place hear any and all persons or
sentetivcs deshlng to be heard in gte above
matt=rs. Wtinen ca-·menu may also be sub-
mitt=d prior to gte conclusinn of lbo subject
hearing. Each he·nh# will not start bdetz
the times designated ·bore. For mom
information, please call 765-1809.
I~ted: June 24, 1991.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRIHOER
CHAIRMAN
STATE OF NEW YORK)
) sS:
COUNTY OF SUFFOLK)
/ ~. ~/' I r~ i ~c_ ~ c.-~ ,~.~./of Mattituck, In
said County, being duly sworn, says that he/she Is Principal
Clerk of TNE SUFFOLK TIMES, a Weekly Newspaper,
publIshed at Mattltuek, In the Town of Southold, County of
Suffolk and State of New York, and that tho Notice of which
the armoxad Is a printed copy, has been regularly published In
said Newspaper once each week for ! weeks
successively, commencing on the ~ 7 day of
~.~'~,
Principal Clerk
Swom to before me this
day of ,'2
COUNTYOF SUFFOLK
sst
- Patricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
once each week for . .................. /(, , weeks
clay ol ....
Notary Public
BARBARA A. SCHNEIDER
NOIARY PUDLIO, st?re 0l New York
I
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
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 hearings before the
SOUTHOLD TOWN BOARD
OF APPEALS at the Southold
Town Hall, 33095 Main Road,
Southold, NY 11971~ on FRI-
DAY, JULY 12, 1991, commen-
cng at the times spec fiedl
below:
7:30 p.m. AppL No. 4033-
RANDI LACALAMITA. Re-
quest for variance to the Zoning
Ordinance, Article [[1, Section
100-33 for approval of carport
in the front yard area with
reduced setbacks from tbe front .~
and side property lines. Loca-
tion of Property: 1395 Henry's
Lane, Pecoinc. NY; County Tax
Map No. 1000-74-01-10.
7:35 p.m. Appl. No. 4028-
RICHARD OLIVERL Request
for varianc~ to the Zoning Or-
{finance, Article 111, Section
100-32 for permission to locate
new principal dwelling structure
with insufficient rear yard and
side yard setbacks. Zone
Distriet: R-80. Location of Pro-
petty: Westerly side of Crescent
Avenue, Fishers Island, NY;
County Tax Map No.
1000-006-06-20.5, containing
appropriation of the total
balanc~ of land after acquisition
by the N.Y.S. Department of En-
vironmental Conservation, and
requesting approval of the pm-
posed building area for place-
ment of principal dwelling stru~
ture with related accessory
building(s), having insufficient
setbacks in the front yard, rear
A:I0 p.m. AppL No. 402~--~
RONALD STRITZLER. M.D.
uest for vari~nc~ to the Zon-
ing Ordinance, Article llI, Sec-
tion 100-33 for permission to[
the ~quired rear yard on this
(Recessed from June 7, 1991).
ZEISLER. Request for variance
(100-33) for permission to locate
CHAIRMAN
By: Linda Kowalski I
1X~/2'//91!~1) ]
cF'
~~PEALS 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
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. If you or your
representative should require more than 20 minutes to present
your case, it is suggested that the extended presentation be
submitted in writing at the hearing (if possible).
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,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
JUL 5 ":
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
.lames 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 1.179
Southold, New York 1/971
Fax (516) 765-1823
Telephone (516) 765-1800
June 10, 1991
Ronald Stritzler, M.D.
153-07 Union Turnpike
Flushing, NY 11367
Re: Appl. No. 4024 - Variance for Tennis Court Structure
Property at 3055 Soundview Avenue, Mattituck
Dear Dr. Stritzler:
This letter will confirm that the Board Members, by unanimous
vote, have postponed the public hearing on your variance
application for questions concerning lighting and the particular
location you chose. It is, therefore, necessary that either you
or a representative appear in your behalf.
The hearing will continue during the Regular Meeting held on
Friday, July 12, 1991. A copy of the Legal Notice as published
by our office in the Times-Review and The Long Island
Traveler-Watchman, Inc. will confirm the exact time of this
public hearing, and will be forwarded to you in a few days.
Very truly yours,
Linda Kowalski
444 Lakeville Rd.
Lake Success, N. Y. 11042
(516) 358-1600
£
O NALI)~ ST-I~ R,-:iV~ I7:-: !
May 10,
153-07 Union Turnpike
Flushing, N. Y. 11367
(718) 591-5500
1991
Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application #4024 - Variance for a tennis court.
Dear Appeals Board Members:
I am unable to be present at the hearing on June 7,
1991 because of my daughters marriage in Mattituck
on June 8, 1991.
I would like to reiterate that the survey when I
purchased the property indicated two lots, one with
a dwelling, the other a side lot with high brush
and some trees. The location of the property on the
~ound nullifies placing the tennis court (or any
structure) in the back yard. The general configuration
of my property and the neighboring properties are
such that no geologic, ecologic nor human harm nor
annoyance would ensue from siteing the tennis court
at the location indicated in this variance application.
In fact, the court probably would not be visible
from the road nor neighboring properties.
Sincerely yours,
Ronald Stritzler, M.D.
444 Lakeville Rd.
Lake Success, N. Y. 11042
(516) 358-1600
153-07 Union Turnpike
Flushing, N. Y. 11367
(718) 591-5500
1991
Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application #4024 Variance for a tennis court.
Dear Appeals Board Members:
I am unable to be present at the hearing on June 7,
1991 because of my daughters marriage in Mattituck
on June 8, 1991.
I would like to reiterate that the survey when I
purchased the property indicated two lots, one with
a dwelling, the other a side lot with high brush
and some trees. The location of the property on the
Sound nullifies placing the tennis court (or any
structure) in the back yard. The general configuration
of my property and the neighboring properties are
such that no geologic, ecologic nor human harm nor
annoyance would ensue from siteing the tennis court
at the location indicated in this variance application.
In fact, the court probably would not be visible
from the road nor neighboring properties.
Sincerely yours,
Ronald Stritzler, M.D.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
.lames Dinizio. Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OFAPPEALS
TOWN OFSOUTHOLD
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
May 1, 1991
Ronald Stritzler, M.D.
51 Stirrup Lane
Roslyn Heights, NY 11577
Re: Appl. No. 4024 - Variance for Tennis Court
Dear Dr. Stritzler:
This letter will confirm that the above application has
been transmitted to the Board for review and that the public
hearing on this application is expected to be held on
Friday, June 7, 1991 during the evening.
If your project is one in which new construction is
proposed: (1) please flag the outside corners, which will be
viewed by individual board members prior to the advertisement of
this matter in the Long Island Traveler-Watchman and Times
Review newspapers, and (2) provide photographs of this flagged
area to include the existing construction, if any, for the
file.
A copy of the Legal Notice as published by our office will
-be forwarded to you as confirmation of the exact date and time
of your hearing in the near future.
Please feel free to call our office at any time if you have
any questions concerning the processing of your application.
Very truly yours,
Linda Kowalski
lk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Robert A. Villa
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 23 , 1991
T"EPE II ACTION DECLARATION
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
Appeal No. 4024
Project/Applicants: R0nald Stritzler, M.D.
County Tax Map No. 1000- 94-l-]4
Location of Project: 3055 S0undview Ave., Mattiruck,
NY
Relief Requested/Jurisdiction Before This Board in this Pro~ect:
Permission to locate accessory tennis court structure ]n an
area other than t~e required rear yard.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Enviror~nental Quality Review Act of the Enviro~unental
Conservation Law and Local Law #44~4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances detez~nines this
application to fall under the established list of ~rpe II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
mc
JUDITH T. TERRY
TOWN 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 1 I971
TELEPHONE
(516) 765-1801
TO:
FROM:
RE:
DATED:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
ZONING APPEAL NO. 4024, RONALD STRITZLER
APRIL 10, 1991
Transmitted is application for variance submitted by Ronald Strizler, together
with Notice to Adjacent Property Owners, Building Department Notice of Disapproval,
Short Environmental Assessment Form, ZBA Questionaire, deed to property, and
(4) four copies of the survey map.
Copies of the Legal Notice for Hearings
to be held 7/12/91 were sent to the
following on 6/26/91 except as noted:
Times-Review (delivered 6/24/91)
Long Island Traveler-Watchman, Inc.
(delivered 6/25/91)
ZBA Board Members with copies from files
Individual hearing folders
Original posted on Town Clerk Bulletin
Board 6/24/91
Ms. Randi Lacalamita
1395 Henry's Lane
Peconic, NY 11958
Mr. Paul Reich
P.O. Box 384
Peconic, NY 11958
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
(for Oliveri)
Steve Latham, Esq. (Re: Oliveri)
Twomey, Latham, Shea & Kelley
P.O. Box 398
33 West Second Street
Riverhead, NY 11901
Mr. Norman Reilly, Jr.
A. Reilly & Sons, Inc.
P.O. Box 98
Mattituck, NY 11952
John M. Wagner, Esq.
108 East Main Street
P.O. Box 279
Riverhead, NY 11901
Tech Associates
3900 Veterans Memorial Highway
Bohemia, NY 11716
Mr. and Mrs. Anthony J. Mercorella
2260 Great Peconic Bay Boulevard
Laurel, NY 11948
Mr. Garrett A. Strang,
P.O. Box 1412
Southold, NY 11971
R.Ao
Ronald Stritzler, M.D.
51 Stirrup Lane
Roslyn Heights, NY 11577
NOTICE IS HEREBY GIVEN;'
~,~u~t to Section ~7 of _~, Town.
Law and thc-~¢ T,~j~n. ox
Sou~old, ~e foHo~{ ~bB{ h~'
Southold Town HaB, Ma~ R~d,
Southold, ~ ~19~1, on ~IDAY,
~NB ~. 1991. c~anc~g at~e
RICHARD OLIVB~. Req~st for
vanCe to ~e ~g O~ance,
A~cle ~, S~ 1~-32 for ~r-
mission to locate new principal
t~ct: R-80. ~ct~on ~
Westerly Si~ ~ Cr~t Argue,
~ ~, ~ ~ Bilk 6,
~.5.
~:35 p.m. Appl. No. 4026 -
~AMES ~D pA~A BOYLE.
Request for v~ m ~
O~h~, A~de X~V, Sec~
1~2A f~ ~ ~ ~e
e~f n~o~f accesan~.
b~dhs, ~md ~y h ~e ~de
y~ ~d~ty~ ~ m ~ ~ ~M B~Y' ~, ~ h~ ~
Conse~tion (A-C). Loca~on of
and ~e Bas,ray Side of a ~vato tu~ exists.) Zone District: R-40.
Road, Southold, NY; County Tax
Map Ho. 1000-'~-5-20.5.
7:40 p.m. Appl. No. 4025 -
ESTATE ON JENN]S HARRIS by
~ Taylor. R~u=st for a vatisnce
to d2e Zening OrcReance, A~cin X~',
Sec~ 100-142. 100-141, 100-241A,
for permission to enlarge eddstiu{
n~nceofon~ dwe~ in d~ Light
p,,~d a~lhlcn bevln{ insufli~ent
side and front yard set. cks. Location
of P~: 21755 Co,~ty Road
11~00.9~-1-18.L
7:45 p.m. Appl. No. 4027 -
HALSEY A. STAPLES. Request for
variance to the Zouins Ordinauce,
A~ XXVBI, ~'{,~ 100-281AG)
clpai dwelling suucu~ ~
es which is noucc~fonniog and
rite been beld in siflgle and separate
ownership as exhts since April 9,
1957. Lot is nonconfonnlng, having a
~ lot a~ea of 33,668 sq. f~ and 25
fL frontage (width) along Middle~n
Road in the Hamlet of Oreenpert.
Town of Southold, NY; County Tax
/~ap N~ 1000-41-2-191.
7:50 p.to. Appl. No. 4024 -'~
RONALD STRITZLER. M.D.
Request for variance to the
O~dlnsnce, Article I~ Section 100-33
for permission to locate accesso~
) tann~ o~fl stmcm,~ in an ,Lrc, ~
trlct: R-SO. Location of Propers)':
3055 Soun<Jview Avcnu~ Msttitock,
NY; County Tm MAp Ne. 1000-94-1-
14.
7:55 p.to. Appl. No.
--CHARLES ANI~GELA KY~-
AKOUDES. Rcque~or varhnce to
~he ZeGing Onfinance,~'~ficin ~
Sectien 100-239.4B for permimm to
locme per~en of inSfound pool with.
fence endosme and ix~on of deck.
ing which will be located within 75
fee~ f~xn ~he existing bulkhead, smd.
l~en of l~upetty: 142~ Kimbedy
Lane, Southeld, NY; County Tan Map
No. 1000-70-13-20.9.
8:00 p.to. AppL Nos. 401IV and
4010SE - Bequests by JOSEPH AND
LINDA FISCHETTI concerning
property known es 235 Oaklewn
Avenue, Southold, NY; Co~uty Tax
Map Nb 1000-61-3-3 fo~. (1) n ape-
Mace u autborLzea by by ~he Board
of Appeals under Afllcle Vii, Sec~ien
100-71, and, (2) if nec~s~/, · v~i-
ante to establish professional and
gtoe end ldnc~ bear m~y and all per-
sore or ~ptesenmives desiring to be
heard in the above toattor. Wtltteu
comtoents ma), alan be submitted
{nlor to tbe ceuciuslon e~ tbe subject
hea~ng. Bach heating vdli nor strum
before ~he times designated above.
For mom information, please call
765-1809.
Dated: MAy 10, 1991,
BY ORDER OF THE
SOUTHOLD
TOWN BOARD OF
APPEALS
GI~m~ARD P.
GOEHR~fGER
CHAIRMA~
By Linda Kowalski
7062-1Tlv123
STATE OF NEW YORK)
}SS:
COUNTY OF SUFFOLK)
~,!~,~/C~ ~ ~-f-'~ ~-- of Mattltuck, In
sold county, being duly sworn, soys that ho/she b Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, and that tho Notice of which
tho annexed is a printed copy, has been reguisfly published in
said Newspaper once each week for ~ weeks
s~osslvely, commencing on tho ~ day of
vt/u / ,g -
Principal Clerk
Swom to before me thb ~ ~
dayof ~./~
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
The Town Law and the Code of
the Town of Southold, the
following public hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at the Southold Town Hall,
Main Road, Southold, NY
11971, on FRIDAY, JUNE 7,
1991, commencing at the times
specified below:
7:30 p.m. Appl. No. 4028-
RICHARD OLIVERI. Request
for variance to the Zoning Or-
dinance, Article III, Section
100-32 for permission to locate
new principal dwelling structure
with insufficient rear and side
yard setbacks. Zone District:
R-80. Location of ProPerty:
Westerly side of Crescent
Avenue, Fishers Island, NY;
County 'Pax Map District 1000,.
Section 6, Block 6, Lot 20.5:~'c
7:35 p.m. Appl. No 4026-
JAMES AND PATRICIA
BOYLE. Request for variance to
the Zoning Ordinance, Article
XXIV, Section 100-242A for
permission to enlarge existing
nonconforming accessory
building, located in the side yard
and front yard areas on this cor-
ner lot. Zone District:
Agricultural Conservation (A-
C). Location of ProPerty: 10205
North Bayview Road and the
Easterly side of a Private Road,
Southold, NY; County Tax Map
No. 1000-79-5-20.5.
7:40 p.m. Appl. No. 4025-
ESTATE OF JENNIS HARRIS
by Robert Taylor. Request for a
variance to The Zoning Or-
dinance, Article XIV, Section
100-142, 100-141, 100-241A, for
permission to enlarge existing
noncomforming dwelling in this
Light Industrial (LI) Zo~
District with a proposed addi-
tion having insufficient side and
front yard setbacks. Location of
Property: 21755 County Road
48, Cutchogue, NY; County Tax
Map No. 1000-96-1-18.1.
7:45 p.m. AppL No. 402%
HALSEY A. STAPLES. Re-
quest for variance to the Zoning
Ordinance, Article XXVIII, Sec-
tion 100-281A(7) for Permission
to construct new principal dwell-
ing strttcture upon premises
which is nonconforming arid
has not been held in single and
separate ownership as exists
since April 9, 1957. Lot is non-
conforming, having a total lot
area of 33,668 sq. ft. and 25. ft.
frontage (width) along Mid-
dleton Road in the Hamlet of
Greenport, Town of Southold,
NY; County Ta~ap No.
/""5:50 p.m. Appl.
No.
' RONALD STRITZLER, M.D.
Request for variance to the Zon-
ing Ordinance, Article Ill, Sec-
tion 100-33 for permission to
locate accessory tennis court
structure in an area other than
the required rear yard. Zone
District: R-80. Location of Pro-
perty: 3055 Soundview Avenue,
Mattituck, NY; County Tax
Map No. 1000-94-1-14.
~7:55 p.m. Appl. No. 4029-
CHARLES AND ANGELA
KYRIAKOUDES. Request for
variance to the Zoning Or-
dinance, Article XXIII, Section
100-239.4B for permission to
locate portion of inground pool
with fence enclosure and por-
tion of decking which will be
located within 75 feet from the
existing bulkhead, and with a
distance shown at 75 feet from
the rip-rap which is between the
bulkhead and the meafic
highwater mark of Southold
Bay. Or, an Interpretation as to
which structural point the 75 ft.
setback requirement shall be
from (particularly where more
than one structure exists.) Zone
District: R-40. Location of Pro-
petty: 1425 Kimberly Lane,
Southold, NY; County 'Pax Map
No. 1000-70-13-20.9.
8:00 p.m. Appl. Nos. 4011V
and 4010SE- Requests by'
JOSEPH AND LINDA
FISCHETTI concerning pro.
perty known as 235 Oaklawn
Avenue, Southold, NY:.County
Tax Map No. 1000-61-3-3 for: (1)
a Special Exception to the Zon-
ing Ordinance as authorized by
the Board of Appeals under Ar-
ticle VII, Section 100-71, and,
(2) if necessary, a variance to
establish professional and
business office use on this 11,656r
sq. ft. nonconforming patchY?
Zone District: Residential-Office
(RO).
The Board of ApPeals will at
said time and place hear any and
all persons or representatives
desiring to be heard in each of
the above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before the times
designated above. For more in-
formation, please call 765-1809.
Dated: May 10, 1991.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
\~b By: Linda Kowalski
IX-5/23/91(62}
COUNTY OFSUFFC
STA'I'['~ OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG iSLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been .published in said Long Island Traveler. Watchman
once eacl~ week for ..................... ./. .... weeks
Sworn Io before me Ibis ..................... clay or
Notary Public
BARBARA A. SCHNEIDER
NOIARY PUBLIC, SlTte ot New YorX
No. 4806840
Qualified in Suffolk Cotjnty/
Commission Expires 0°/31p,2.
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
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. If you or your
representative should require more than 20 minutes to present
your case, it is suggested that the extended presentation be
submitted in writing at the hearing (if possible).
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,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copies of the Legal Notice for Hearings
to be held 6/7/91 were sent to the
following on 5/14/91:
Times-Review
Long Island Traveler-Watchman, Inc.
ZBA Board Members with copies from files
Individual hearing folders
Original posted on Town Clerk Bulletin
Board 5/13/91
Stephen L. Ham III, Esq. ~-~ D~i~'
45 Hampton Road
Southampton, NY 11968
Steve Latham, Esq. ~ ~
Twomey, Latham, Shea & Kelley
P.O. Box 398
33 West Second Street
Riverhead, NY 11901
Mr. and Mrs. James Boyle
10205 North Bayview Road
Southold, NY 11971
Environment East, Inc. ~ ~"~'~' £~-~
RR #3 - 3075 Indian Neck Lane
Peconic, NY 11958
Mr. Halsey A. Staples
29 Middleton Road
Greenport, NY 11944
0Ronald Stritzler, M.~.~
51 Stirrup Lane ,/I
SLi~N Heights, NY 11577
Mr. Michael A. Michel, ASLA
Michel & Associates
9 Village Square
Glen Cove, NY 11542
Mr. and Mrs. Joseph Fischetti,
1725 Hobart Road
Southold, NY 11971
Jr.
4000 w.
!"' AVENUE
#~VI$1ONS' YOUNG & YOUNG
. ~'.~V;~'I ........ ~ ........... . ........... ....
RONALD
~T MATTITUCK '
TOWN OF SO~THOLD
SHORT E~)/IRONMENTAL ASSESSME~JT FOR~I
For UNLISTED ACTIONS Only
PART I_PROJEcT INFQRMAT[oN (To be comn;eted by AODlic~nt or Project
'KS
'
c--~- -i::ennfS Cg,..., ~,A'- ' or',
THE ACTIOt~, HAVE A CURRENTLY VALID PER~.TIT Off APPROVAL?
[] ¥,s ~o ACtion WILL EXISTSNG PERMITIAPPROVAL 'REOU~nE t, lOOIFICAi' ON~ - ~
' "'"" I~ In the Coastal Are;]. and You are.
~ - .......... ~'" ~'~~~'~ '"~ I
OVER ' ~'~ -~s~t ~
1
(Continued on re~zer=e s~de}
2. ~iZl there be a ma~ot chnn~o co any unicue o~
Will PrOject have a m~jo~ e~fecc on exi=cinq or
~ill Pco~ec: reqularly Cauue ob~ec:ionablo odor=,
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 ~e attached.)
B. Is the subject premises listed on the real estate market for
sal~or being shown to prospective buyers? { } Yes
{v'} No. (If Yes, please attach copy of "conditions" of sale.)
C. Are there/ny proposals to change or alter land contours?
{ } Yes {%/}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? ~0
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
of jurisdiction?NO ~ /~¥a~ ~uv~/~
determination
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
(If not applicable, state "N.A.")
level? ~ ~ C~ S~¥~% ;
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? ~Q If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~O 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? ~% If yes, please explain where or submit copies
I. Please list present use or operations conducted at this
parcel 1~9~lemc~. and.
Authorized ~igna~uie ar~ 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]
WETLANDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-26-
85 by L.L. No. 6-1985]: '-~' ~ "~ ~ "' ~ ~ ~
~T- ~-~DAL WETLANDS: ~
(1) All lands generally covered or intermittently coy-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, 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, fiats or other
low lying lands subject to tidal action;
(2)
All banks, bogs, meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following:, salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
fy-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
"Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, 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 with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 2- 2~- ss
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THL5 INDENTURE, made the l~th day of March , nineteen hundred and seventy-three
BETWEEN LOUISE SI~JRDSON, individually ~nd as ldministratrix w~th the
Will ~nnexed, of Frances Ao Greenwood, Deceased, residing at #?00 Fl:.
Washington Avenue, New York, N.Y. 10040,
paxty o£ the first part, and
RO~ALD STRITZLER~ residing at 51 Stirrup Lane,
Roslyn Heights, New York
party o£ the second part,
wrrNF_~.~ETH, that the party of the first part, in consideration of
5U;IDRED' ~' "and 00/100 .......... ($82,500.00) .....................
lawful money of the United States, and other good and valuable consideratim~. ~paid
by the party of the second part, does hereby grant and release unto the party of the second part, tbs beg.rs or
successors and assigns o£ the party of the second part forever,
lying
ALL that certain ~ot, piece or parcel of land, with the buildings and imi>rovements thereon erected, situate/
at Mattituc~, in the Town of Southhold, County of Suffolk and State
~of New york, bounded and described as follows:
BEGINNING at a point for~ed by the intersection of the northerly line
of Sound View Avenue ~rith the westerly line of the land of R. Matalene
foz~erly of A.H. Nahler, and running thence from said point of beginni~
South 88 degrees 40 a~tnutes West along the northerly line of Sound Vie~
Avenue 195.10 feet to a~onument;
TltENCE South 73 degrees 18 ~tnutes O0 seconds West still along the
northerly line of Sound View Avenue 143.95 fee~ to a ~ontment and la~d
now or formerly of RodneyW. Kingl
THENCE North 21 degrees 36 ~tnutes O0 seconds West along last mentione-
land and passing thru a mon,,-ent 459.82 feet to the average high water
~ark of Long Island Sound;
THENCE Wortheasterly along the said average high water ~ark of Long
Island Sound the following two tie line courses and distances:
(1) North 65 degrees 05 s~tnutes 20 seconds East 120.97 feet;
(2) North 57 degrees 50 ~nutes 20 seconds East 313.68 feet to
land now or formerly H. Matalene, formerly of A.W. Mahler;
THENCE Southerly along last mentioned land, the following three (3)
courses and distances: ~'
(1) South 26 degrees 24 minutes O0 seconds East, 273.97 feet;
(2) South 0 degrees 23 minutes 00 seconds East, 177.50 feet;
(3) South & de~rees 10 minutes 00 seconds East 173.02 feet to
the northerly line of Sound View Avenue, at' the point or
place of BEGINNING.
TOGETHF_~R with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises hereii~ granted unto' the party of the second part, the heirs or
successors and assigns of the party of the s~comi part forever.
SUBJECT to the interest ~ a portion of said. premises)of
~ita C. Sheffield under the Last Will and Testament of
Frances A. Greenwood deceased dated April 25, 1968 admitted 'to
Probate by the Surrogates Court~ County of New York.
AND the party of bhe first part covenants that she has not done
or suffered anything whereby the said premises have been encumbered
in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNF.,~ WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
Louise Sigu~son, individually and
as Administratrix with the Will
annexed, of Frances A. Greenwood,
deceased.
STATE OF N~=~ YORK, COUNTY OF SU~FO~
On the 15bhday o~ i~arch, 197P
personally came Louise Sigturdson
, before me
to me known to be the individual described in and who
execnted tbe foregoing instrume~ and acknowledged~at
l~dt ary Public
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which erecuted the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporateU~eal; that it was so
affixed by order of the board of directors of said corpora-
tion, and thxt he signed h name thereto by like order.
STATE OF NEW YORK. ¢OUN~F ss:
On the day of 19 , before me
personally came
to me known to be the individnal described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORIC, COUNTY OF ss:
On the day of 19 , before me
personally,~ came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
;
that he knows
. ~' - ~ ' to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness~ was present and saw
execute the sgme; and that he, said witness,
at the same time subscribed h name as witness thereto.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigo~s, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516~ 7:5-18~D
ACTION
Appl. No. 4003:
BOARD OF APPEALS
TOWN OF SOUTHOLD
OF THE BOARD OF APPEALS
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
Matter Of DAVID J. STRUPP. Variance to the Zoning
Ordinance, Article III, Section 100-33 (100-30A.4) for permission
to locate accessory tennis court and croquet court in an area
other than the required rear yard. Location of Property:
Private Road, Fishers Island, NY; County Tax Map District 1000,
Section 103, Block 3, Lot 005; also referred to as Lot 6 and 5C,
Block 18, Map of Chocomount 2.
WHEREAS, a public hearing was held on February 22, 1991; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the R-120 Zone
District at Fishers Island, with frontage along two sides by a
private road and frontage along the northwesterly section by
Fishers Island Sound.
2. The subject premises consists of an area of approxi-
mately 6.58 areas and is improved with a residence and 31' x 21'
garage, accessory swimming pool, two accessory sheds (one of
which is to be removed).
3. Proposed by this application is the location of a 60'
by 120' tennis court enclosed with a wire fence at a height of
10 feet which is requested at eight (to ten) feet from the
northerly property line and at a distance of more than 75 feet
Page 2 - Appl. No. 4003
Decision Rendered February 22,
Matter of DAVID J. STRUPP
1991
from the freshwater wetlands area just southeast of the tennis
court area. Also proposed by this application is the location
of a croquet court which will consist of an enclosed putting
green surface surrounded by two curbings, neither of which will
exceed 12 inches in height (and may contain planters for
screening and landscaping). Both courts are more particularly
shown on the topographical map prepared by Chandler, Palmer &
King dated January 3, 1990 and amended lastly July 3, 1990
(#53285).
4. Article III-A, Section 100-30A.4, and Article III,
Section 100-33, provide that accessory buildings be placed only
in the required rear yard. The subject parcel is considered by
the zoning definitions (100-13) a corner lot, having two or more
front yard areas.
5. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
land and are not personal in nature;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood;
(d) the relief requested in not unreasonable;
(e) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT permission in the Matter of the
Application of DAVID J. STRUPP under Appeal No. 4003 for the
placement of two accessory court structures in the front yard
area as noted in paragraph 3, supra, and subject to the
following restrictions:
than ten
eight);
That the accessory tennis court be set back not closer
(10) feet to the northerly property line (instead of
2. That the accessory structures not be roofed or enclosed
with walls (with the exception of the fence area requested;
Page 3 - Appl. No. 4003
Decision Rendered February 22,
Matter of DAVID J. STRUPP
1991
3. That lighting, if any, must be shielded to the property
and not be adverse to neighboring properties or traffic in the
area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio, and Villa. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
MARUSEVICH ANNE
................................. ~ ~-r~--~ .....................................
J~--~,~ ~s~o ~NE~TE ................................. :--':] ..............................
~3~J) ......... ~l D
)&.-1-))~ - ~LER J~N ~ ~ WF ........ ---~-~T'C?C~-T, ..........................................
~ ~~ ~o~ ...................... :-=---: .............................
....... ::T ................... T ..........................
~.~_ ~ VA~ ~ ST
........ ~ ........................ ;-:~';==:-== ..... ;;'=:'~==;;.-'~- NE~ Y~K N~ 1001~
NEW YORK NY 10,713
~'~ .............................. '--'~:~ .... '::~T~-::~T~-:~:-~,'-:: .........................................................
R-~80
,/,/ //
,'
TOWN CLERK
TOWN OF .~)UTItOLD
$outhold, N. Y. 11971__~-Z-~-~19~/f
~/ / ~ ' Ju~lh T. ~r~, Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~ the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~ intention of the undersigned t'~'Peli'don the Board of Appeals of the Town of Sou~hold
to request a {(~ariance~(Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows: 3c>$-g gcuv~&vle~a ~v~ )
3. That the property which is the subject of such Petition is located in the following zoning district:
4 That b% such Petition, the undersigned will request the following relief: ~ V~la~C~ _ &~-
5. That the pr6visions of the Southold Town Zoning Code applicable to the relief sought by the u~der-
signed are ~cle ~ ~c~on /Ou- ~ ~
[ ] Section 280-A, New York Town Law for appr0va] of access over rJght(s)-of-way~
6. That within five days from the date hereof, a writte~ Petition requesti~ the relief s~cifi~ above will
be filed in the Southoid Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Petitioner
Owners'Names:.-~ c~ (~J
Post Office Address
Tel. No. (5-/G)
[Copy of sketch or plan
purposes.]
showing proposal
to be attached-fO~?"b~.,e.aience
N_~M~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIP'L~S
ADDRESS
P '211 435 587
~_. Certified Mail Receipt
~ No ~nsurance Coverage Provided
~--~L~'~Do not use for International Mail
............ (See Reverse)
Sent to
Special Delivery Fee / ~
P 711 435 5a6
Certified Mail Receipt
Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to
Street & NO
PO State & ZIP Code
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
P 711 435 588
Certified Mail Receil:
Insurance Coverage Provide
~ DO not use for International Mail
.......... (See Reverse)
PO 7~tme & ~mP Code
Codified Fee I
STATE OF NEW YORK ) . ' ,
~b~k~ ¢' ".~ . ~SS~ .bein~duly~orn depos~and~ysthat on[he~ ,day
%b9%k,~ ~%'*~ ' ~19'n k ,deponent mailedatruec°py°ftheN°ticesetf°rth°nthere'
of ~ ~ ~ % % to each of th~-named persons at the addresses set opposite thmr r~pectwe
verse side hereof~directed on
names; tha~ the addresses set opposite the names of said persons are the addresse~ of said persons as shown
he Town of 5outhold; that said Notices were mailed at the Unhed States Post Of-
the current ass~sm~n~ roll ~ t .... k., .:ia NO ices were mailed to each of said persons by
rice at
Sworn to before me this
day of..-- ~ ~-
Notary Public(,,
(This side does not have to be completed on form transmitted to adjoining
property ownerS.)