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APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southoid Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
ACTION OF THE BOARD OF APPEALS
Appl. No. 3854
Matter of NANCY STEIN. Variance to the Zoning Ordinance,
Article III, Section 100-119.2. (Article I, Section 97-12C), for
permission to construct a deck addition within 75 feet of water
or wetlands, in this R-40 Zone District. Property Location:
2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section
'037, Block 04, Lot 10.
WHEREAS, a public hearing was held and concluded on
September 21, 1989 in the matter of the Application of NANCY
· STEIN, under Appeal No. 3854; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
W~EREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Pine Place, Town of East Marion, and is identified on
the Suffolk County Tax Maps as District 1000, Section 037, Block
04, Lot 10.
2. This is an application for Variances from the Zoning
Code Article III, Section 100-119.2, (Article I, Section
97-12C), for permission to construct a deck addition within 75
feet of water or wetlands.
Page 2 - Appl. No. 3854
Matter of NANCY STEIN
Decision rendered October 12,
1989
3. The subject premises for the proposed deck is known
and referred to as being 35 ft. from the existing bulkhead, from
Spring Pond.
4. In considering this application, the board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed deck in any other location on
the premises will require other variance relief;
located;
that the area chosen for the deck is not unreasonably
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, Seconded by Mr.
Dinizio, it was
RESOLVED, to GRANT a Variance in the matter of the
application of NANCY STEIN as applied under Appeal No. 3854 for
the placement of a deck, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck be no closer than 35+- Feet to the
existing bulkhead, from Spring Pond.
2. That the deck not exceed 20% of the lot Coverage.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio (absent Serge Doyen, Fishers Island and Joseph
Sawicki ....
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
I-~)~ ~' HOUR
DATE
· _wn Clork, Town of
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHA)RMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times:
7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance
to the Zoning Ordinance, Article IX, Section 100-102, as
Disapproved, (nonconforming Bulk area and parking requirements
of the Hamlet Business District) Proposed construction will
have insufficient total side yard setbacks. Property Location:
53705 Main Road, Southold; County Tax Map No. 1000, Section 61,
Block 1, Lot 14.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS
AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII,
Section 100-239d (A) (1), as disapproved, for permission to
construct and inground pool with deck and fence, within 100 feet
from Sound in this R-40 Zone District. Property Location: 3410
North Sea Drive, Orient; County Tax Map No. 1000, Section 15,
Block 1, Lot 3.
7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to
the Zoning Ordinance, Article I, Section 106-20 (Article III
Section 100-31 as Disapproved) for approval of insufficient area
in this pending division of land.of property, (R-80 Zone
District.) Property Location: Mansion House Drive, Fishers
Island; County Tax Map District 1000, Section 06, Block 05, Lot
3-5.1.
Page 3 - Notice of Hearings
$outhold Town Board of Appeals
Regular Meeting of September 21,
1989
7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244, as
disapproved, for permission to construct a one family dwelling
with an insufficient 40' frontyard setback in this R-40 Zone
District. Property Location 2700 Sound Avenue, Greenport,
County Tax Map District 1000, Section 033, Block 01, Lot 11.
7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to
the Zoning Ordinance, Article I, Section 106-20, (Article III,
Section 100-31, as disapproved), for approval of insufficient
areas in this pending subdivision (R-40 Zone District.)
Property Location: 350 Wood Lane, Greenport, Section 043,
Block 04, Lot 29-30-35.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article
XXIV, Section 100-244, as disapproved), for permission to
construct a one family dwelling with an insufficient rearyard
setback, approximately 75 feet from the bulkhead in this R-40
Zone District. Property Location: 1390 Bayview Drive, East
Marion, County Tax Map District 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST.
Variance to the Zoning Ordinance, Article III A, Section
100-30 A.3, as disapproved, for permission to construct addition
with insufficient side and rearyard setbacks in this R-40 Zone
District. Property Location: 705 Windy Point Road~ County Tax
Map District 1000, Section 87, Block 4, Lot 6.
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the
Zoning Ordinance, Article VIII, Section 100-82, as disapproved,
for approval of insufficient area in this pending subdivision,
(Light Business Zoning District (LB), Property Location: Route
48, Kenny's Road, Southold, County Tax Map District 1000,
Section 059, Block 07, Lot 31.
8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239d, A (1), as disapproved, for permission to construct a
one family dwelling with a insufficient setback and within 100
feet from Long Island Sound in this R-40 Zone District.
Location of Property: 90 Petty's Drive, Orient, County Tax Map
No. 1000, Section 14, Block 2, Lot 24.
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to
the Zoning Ordinance, Article III, Section 100-30A3, as
disapproved, for permission to construct open deck in front
yard, nonconforming with bulk area and parking regulations in
this R-40 Zone District. Property Location: 360 Bayview Drive,
East Marion, County Tax Map No. 1000, Section 037, Block 04,
Lot 01.
8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to
the Zoning Ordinance, Article III A, Section 100-30A.3, (Article
XXIII, Section 100-231 (A), as disapproved) for permission to
construct an attached deck with insufficient side yard and
accessory fence (trellis) in front yard at the height of more
than required 4 feet. Lot area is nonconforming in this R-40
Zone District. Property Location 205 North Sea Drive, $outhold,
NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4.
Page 7 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the
Zoning Ordinance, Article III, Section 100-119.2. (Article I,
Section 97-12C, as disapproved) for permission to construct a
deck addition within 75 feet of water or wetlands. Zoning
District R-40. Property Location: 2535 Cedar Lane, East
Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10.
8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244. As
disapproved, for permission to construct a deck addition,
insufficient rear yard setback for nonconforming lot in a R-40
Zone District. Property Location: 50 Captain Kidd Drive,
Mattituck, County Tax Map No. 1000, Section 106, Block 03,
Lot 028.
~age 8 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239d, B.
(Article XXIV, Section 100-244, as disapproved) for permission
to construct a deck addition within 75 feet of bulkhead.
Construction has insufficient total side yard setbacks in this
R-40 Zone District. Property Location: Watersedge Way,
Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63.
8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance
to the Zoning Ordinance, Article V, Section 100-50B Special
Exception,
construct
District.
County Tax Map No.
(Article XIII, as disapproved) for permission to
76 Motel Units in this Resort/ Residential (RR) Zone
Property Location: 61475 County 48, Greenport,
1000, Section 045, Block 01, Lot 01.
Page 9 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the
Zoning Ordinance, Article XII, Section 100-121C 122, (Section
100-239D, as disapproved) for permission to construct Boat
Storage Building with insufficient setbacks and excessive lot
coverage in this Marine II (M-II) Zoning District. Property
Location: Main Road, Southold, County tax Map No. 1000, Section
056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1.
8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance
to the Zoning Ordinance. Article XI~VII, Section 100-271, as
disapproved, for permission to enclose decks or patios of units
to be enclosed with glass windows with insufficient setbacks.
Property Location: End of Maple Lane,
Resort/Residential (RR) Zone District,
Section 38, Block 7, Lot 21 units.
East Marion, in this
County Map No. 1000,
~age 10 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
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 comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated September 1, 1989.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ... ~...~.... ]. ~ ...... ,19 .~ .~o.
for permit to ~ ~....~ c~ ~.. .c~.~ at
Location of Property . ..~..~-. ~ ~- ...... ~%:-...~ .... ~.~..~.~ .......
House No. Street Hamlet
County Tax Map No. 1000 Section ...~ .~ ..... Block .... ~ .~ ...... ~t .~ ~ ..........
SubdivisionG~.~. ~t~ Filed Map No .... ~.~.~ ...... Lot No..l .~ .........
is returned herewith and disapproved on the following grounds. ~ ~. ~..~.~. (~.~1 I
.... ~..~ ..... ~.. .... .~.~.
..................................
RV 1/80
TOWN OF $OUTHOLD, NEW
APPEAL FROM DECISION OF BUILDING INSPECT~
MAY 2 6 FJBg
TO THE ZONING BOARD OF APPEALS, TOWN ~~,.
APPEAL NO. ~'¢~' ~
DAn May 198
I, (We) Nancy C. Stein
............ ~ ..................................................... of 5 Woods Witch La.~.~. ..............
Nome of Appellont Street and Number
Chappaqua
............................................ New York HEREBY
Municipality .................................... APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED July. 31, 1986
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(~
Nancy C. Stein ....
of ............... ............
5 Woods Witch Lane Ch ............ ~].~ ..................
.............................................. , ........ ~.P~.~u~, .~ X~
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to Construct deck addition within 75' of water
I. LOCATION OF THE PROPERTY ...2_5...3..5.....C..e..d..a..~....L..o..n..e.' ................... ~..?.~.~.~.J,.ql.~D.'c.i~3..[ .............
Street Use District on Zoning Map
275 · ,
................................................................................. C3~re~o?kne~ !a~ C. Stein (and Kenneth
/~nNt°~ Tax Map no. 1000!°'~26tion0 4 IQ L. Stein,
hHsband )
2 PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article I~ Section 100-119.2
3. TYPE OF APPEAL Appeal is made herewith for
(XX) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal,4~'9,s) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
~Z) A Variance to the Zoning Ordinance
()
is requested for the reason that existing deck, which was inadequate and of limited utility, has rotted and had
to be de~lished, leaving a 6' drop out of living room door. In order to expand deck, and avoid an unsightly
high wall when viewed from the water (results from the rapid drop in elevation from the house toward the
bulkhead). Accordingly, a multi-level deck has been designed to avoid such a result, and to utilize that part
of the property which is otherwise unusable because of the pronounced decline in elevation, and to connect
the house to the dock area.
Form ZB!
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATIOI~ OF TH£.)?~DINANEE would produce practical difficulties or unneces-
sob HARDSHIP because ~he nearest point of the proposed deck would be 35' feet from the bulkhead. A
multi-level deck permits f~l~r utilization'o~ the property and avoids the unsightliness of a high wall
facing the water and the neighbors on the opposite side of the inlet, as well as the resulting
interference with the sight lines of the property to the north.
2 The hardship created is UNIQUE and is not shored by all properties alike in the immediate
v~cinlty of this property and in this use district because of the drop in elevation of this particular
parcel, and the fact that a deck must be built to replace the now demolished prior deck, which rotted.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it would not impact the water adversely; in addition, the
proposed variance is consistent with the residential character of the district and adjacent properties,
both of which have decks, and has been designed to preserve the sight lines of the property to
the north.
) ss
COl ,F!Tv nc IIEW YORK ) ....... ' ........................
Sworn to//this L/..~.'~.~' day of....H~.Y.
............... ' ................... ~ 9 89
' ........................
.._ KENNETH L STEIN
./~oo.-~*~-¢-/~, TOWN OF SOUTHOLD PJIOI~ERTY RECORD CARD
OWNER STREET "' VILLAGE DIST, SUB. ~' LOT :~:/ -~,.;~, )~',,ttr.??~/,~
' FO~E~ OWNER - , N" 6/ E ACR.
~ S W ~PE OF BUILDING
AGE BUILDING CONDITION
N~ NOeL BELOw ABOVE
Fh~ Acre Valoe ,er Acre Val~ ' ~" d f) "
Tillable 3
Woodland
Swampland FRONTAGE ON WATER ~ ~ .2 ~. e o ~ /~ ~ O
Bm~land FRONTAGE ON ROAD ~ ~
House Plot DE~H I ~F(~ ) ' ~,' f ~ ~-
BULKH~D
Total D~K
COLOR
I~ TRIM '" ~' J .~, __
.
M. Bldg. /~ Y ~¢1 ~ ~ ~ Foundation ¢ ¢. Bath ~ Dineffe
B=i°~'~ I~ V [~; ¢O~~ Basement ~ L~ Fl~rs ' ~y . K.
'~' % I ~ ~7~ ~.Wells ¢/~e~;.~ Interior Finish ~o~R¢. LR.
~tension /¢ X/~; ~ ~ ¢l/ ~ire Pl~ce ~¢ ~ / 4eat ~ ~ DR.
~X t ~ = ~ Type R~f ~.~ ~ ~ R~ms 1st Flor BR.
~ ~//~: ~ / R~ms 2nd Flor FIN. B.
Porch ~ ~ Z ¢ ~ /~ / /~ ~ ~creation Room
Porch Dormer
Breezeway Driveway
Garage /~ = ,~/ /~ ~ ~
Patio
O.B.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINtZIO, .JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX NO. (516) 765-1823
November 27, 1989
Mr. Kenneth L. Stein
5 Woods Witch Lane
Chappaqua, NY 10514
Re: Appl. No. 3854 - Nancy Stein (Variance)
Dear Mr. Stein:
Transmitted for your records is a copy of the recent
determination rendered by the Board of Appeals concerning your
application.
Please be sure to return to the Building Department and all
other involved agencies for proper permits as may be necessary
before commencing construction activities. A copy of this
decision has simultaneously been transmitted to the Building
Inspectors' Office for their files and update.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
Enclosure
Copy of Decision to:
Building Inspectors'
County Planning
Office
DEPARTMENT OF PLANNING
INTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
ARTHUR H* KUNZ
DIRECTOR OF PLANNING
360-5206
November 29, 1989
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Nancy Stein
3854
Very truly yours,
Arthur H. Kunz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD ~
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON1S, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25' E;OUTHOLD, L.I., N.Y: llC:J?l
TELEPHONE (516) 765-1809
Pursuant to
Board of Appeals
the
XX
Article XIII of the Suffolk County Charter, the
of the Town of Southold, New York, hereby refers
following to the Suffolk County Planning Commission:
__ Variance from the Zoning Code, Article III , Section 100-119.2
Variance from Determination of South61d Town'Building Inspector
Special Exception, Article , Section
Special Permit
XX
Appeal No.: 3854 Applicant: Nancy Stein
Location of Affected Land: 2535 Cedar Lane,
County Tax Map Item No.: 1000- 37-4-10
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Boundary of Existing or Proposed County,
Other Recreation Area
East Marion, NY
Thruway
State or
State or
Federally Owned Land
Federal Park or
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMME~ITS: Applicant is requesting permission to construct a deck addition
within 75 feet of bulkhead.
Copies of Town file and related documents enclosed for your review.
Dated: November 28, 1989
5f.-~-~ KLEINFELD CAROL T f411 OEACHVIEW DR
--4158~9 ...... NORTH BAY VILLAGE FL ~1~1
~:~Y PARROTT WI~L~AM~ AILEEN & ............. i~-~b"CP~ KENNEDY ST ~1G
~1J~59 PARROTT JOHN BAYSIDE NY 115~U
..;~;~ ..................................................................... ~- __~_~__~,~;~ ..... ~ .......................
5F.-~-lD SEEIN NANCY C ~ KENNETH L b WOODS WITCH LA
~5589 ............. CHAPPAQUA NY- - 1Ubl~
--j~C~JlZ.1 ........................... KAPULER WILLIAM P & WF ~-~EN St - '
~5~ ~ROOKLYN NY 11~U1
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~ .......................... _ .- . ~ ................. ~ ..................... _ ~ .......... _. -~-~-L-~-LL---~ ........................
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~5~ ............ ~S~ HE~PSTEAD' Nf 11~E
~t.-~-16 SEEMAN ARTHd~ & MAR~ ~OX
4~5~89 EAST MARION
.......................................... ~ ................................................ ~ ...............................
5f.-~-18 GARDINERS BAY ESTATES GBEM ASSOC BOX
-~fSBSM EIO GEORGE-CLARK'TREAS ' EAST MARION NI 1195~
~f~L~l SCHEME LINN M ' BA~VIEW DRIVE
................... ~ ............ ~_-~ ................................... ~ ............... ................ ~ .......................
5~.-~-~ ~ONGaORTH DOROTHY S & 1UUU RIVER ~EACH DRIVE
~4~5~8~ BODKIN BARB~RA J ..... FORT LAUDERDALE FLA 55515
-~g3~5 TODD MAR~R~ PAER[~IA " 585 ~EECHWOOD RD
~f5~ RID~EWOOD NJ
~.~ ............................ ~ ................................................................ ~ ...............................
5f.-~-~ TESSIER JOHN S f~U ~AYVIEW DRIVE
~:-~-~ TESSIER~JOHN S ................ ~SU a}YvIEw DR~VE
~155BY BOX ~52 EAST MARION NY 11~59
................. _. ~ ......... _ ,.-~L-~gg: ....... ~--.::~,2~.. .................. _ *~_~:~_,~ .... ~_~2_L2--~ ....................
5~.-~-~ KOENIG RICHARD G ~1 HAWXHURST
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(None).
MR. GOEHRINGER: Anybody
against the application?
(None).
MR. GOEHRINGER:
members?
(None).
MR. GOEHRINGER: Hearing
questions, motion to close the
discussion until later.
MR. SAWICKI: Second.
MR. GOEHRINGER: All
(Ayes).
MR. GOEHRINGER: Thank
coming in, gentlemen.
of Nancy Stein, appeal
(Reading).
MR. GOEHRINGER:
dated at this point --
It indicates an existing
Penned-in on this survey
like to speak
Questions from Board
no further
hearing
in favor?
reserving
you very much for
Next appeal is on behalf
number 3854.
61
Copy of a survey dated
I'm sorry, July 4, 1972.
one-family dwelling.
is a deck area,
somewhat irregular in conformity, indicating
approximately a reduction of 35 feet to the high
water mark. I have a copy of the Suffolk County
RAM COURT REPORTING SERVICE (516) 727-3168
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tax map indicating this and surrounding
wife
properties in it the area.
MR. STEIN: My name is Kenneth Stein, my
is Nancy Stein.
MR.
MR. to
GOEHRINGER: How do you do?
STEIN: We have to build a deck
replace the one we had to take down because it
rotted. Our house is sitting there ten feet
above the ground so if you walk out the living
room you just drop. That's the way it's been
all summer.
The old deck, which I think is shown on
the survey as a porch, was too narrow to be
usable, anyway. When you open the windows to
the living room and you put chairs in, nobody
can pass by anybody else. Now it all rotted and
we have to do it. We spent the last number of
years trying to find a design that would not
wind up -- the property slopes down. We tried
to find a design that wouldn't wind up with a 14
or 20 foot wall facing the water, which I guess
would be offensive to everybody. It would also
interfere with other people's sight lines.
Having gone through two architects, landscape
62
RAM COURT REPORTING SERVICE (516) 727-3168
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fellow, and various secondary types we came up
with Lou Fisher from Penny Lumber came up with
the best idea. Because of the stepdowns, he
extends it in the irregular fashion that you've
noted. I think I enclosed one of these what
he's labeled bird's-eye view.
Penny
page?
MR. GOEHRINGER: I
Lumber View.
MR. STEIN: Didn't
think I only have the
that have
a second
MR. GOEHRINGER: No.
MR. STEIN: If I might
two spare copies of this
view. This would be the
It's in the upper corner here.
little bit. Even that--by the
thinking of softening the wall
hand up, I do have
so called bird's-eye
view from the water.
I magnified it a
way we are
by moving the
deck area back slightly and stepping the wall
reduce the impact of the size of the wall. If
you step and put some plants there,
up and solve even it.
you step it
to
63
We think this proposed deck permits us to
utilize the property effectively. It creates an
attractive addition to the property, is
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inoffensive architecturally with the area
because it matches the bulkheading that's there.
We don't interfere with the sight lines on the
properties to the north because we step it down
and they can still see out their livingroom
towards the bay, which is to the east.
The old deck, as I said, was within, I
think, the house, is within 75 feet of the
water. By the way, that's been there since the
late 30's.
I just hope to
the application.
MR. GOEHRINGER:
step over here,
MR. STEIN: Sure.
MR. GOEHRINGER: This
that is going to be in the
have you people grant me
Maybe I could ask you to
if you wouldn't mind.
is the proposed
rear view of the
deck
house, is that not correct?
MR. STEIN: That would be the part -- you
could walk right out of the house. That would
be level. This was the old section, was torn
away, then you do that so's to get to this,
which is the real deck. You get down four
rises, so you drop the thing down.
RAM COURT REPORTING SERVICE (516) 727-3168
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the
MR. GOEHRINGER: What's
old deck was?
MR. STEIN: I guess you would call this a
level. It is a level. It would be benched
around here. It probably have a kind of service
area here with maybe a little rail right there.
But this is really what we are trying to get to,
because that's the main area.
MR. GOEHRINGER: This is elevated four
feet down, approximately?
MR. STEIN: Four rises down.
MR. GOEHRINGER: Four rises, okay.
MR. STEIN: That would come out to two and
going here where
is what,
existing
existing curb.
see of the
a half feet.
MR. GOEHRINGER: This
wall or proposed wall?
MR. STEIN: That's an
MR. GOEHRINGER: That we
picture over here?
65
MR. STEIN: Right. We've also tied in to
the existing, this is a retaining wall that's
been there for years. We have tied this to come
down again to provide access from this walkway.
We've had to -- this has been a kind of
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structure on the whole thing, because we've
into these existing cement steps. You have
get to that path way,
of configure it.
MR. GOEHRINGER:
as well. You have to
It's a little difficult
to understand. That's why I asked.
MR. STEIN: This wall exists as you come
66
tied
to
kind
down this wall narrows down to next to nothing.
This is only about six inches.
MR. GOEHRINGER: I viewed there by the way
from your next door neighbors' property.
MR. STEIN: From north or south?
MR. GOEHRINGER: South.
MR. STEIN: Both the neighbors are happy
with it.
MR. GOEHRINGER: You get a pretty good
view from the south?
STEIN: It's about 900 feet. Existing
garage is 2115.
GOEHRINGER: You're adding 900 square
multi-level deck?
STEIN: Right.
GOEHRINGER: Thank
you so much, Mr.
MR.
house and
MR.
feet on a
MR.
MR.
Stein.
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to be
MR. STEIN: Thank you.
MR. GOEHRINGER: Anybody else would
heard on behalf of the application?
(None).
MR. GOEHRINGER: Anybody
against the application?
like to speak
(None).
like
MR. GOEHRINGER: Questions for Board
members? No further questions, motion to close
hearing reserving decision until later.
MR. SAWICKI: Second.
MR. GOEHRINGER: All in favor?
Next appeal
(Ayes).
MR. GOEHRINGER:
Toffalis is number 3857.
67
in behalf of
Michael
(Reading).
MR. GOEHRINGER: What is the square
footage?
At this particular time, we are reflecting
a, I believe, ten by twelve deck is the nature
of this application, which appears to be side
yard plus really the rear yard in this
particular application? Would you like to speak
in behalf?
RAM COURT REPORTING SERVICE (516) 727-3168
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRtGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKi
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAiN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX NO. (516) 765-1823
August 23, 1989
Mr. Kenneth L. Stein
5 Woods Witch Lane
Chappaqua, NY 10514
Re: Appl. No. 3854 - {Variance)
Dear Mr. Stein
This letter will acknowledge receipt of your application
for a variance and confirm that the Board Members are
individually conducting field inspections and reviews as may be
required by state and local laws during the next couple of weeks
concerning your application.
In the interim, we ask that the outside corners of the
proposed construction be flagged, if not already done so.
The public hearing on this application is expected to be
held on or about September 21, 1989, at the Southold Town Hall,
Main Road, Southold, and a copy of the notice of hearings as
published in the Long Island Traveler-Watchman and the Suff.olk
Times will be sent to you as confirmation (with the exact
time)in the near future.
We do sincerely thank you for your continued patience
during this period of transition within our department.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
dff
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GR~GGNIS, JR.
SERGE DOYEN, JR,
JOSEPH H. SAWtCK~
JAMES DINIZIO, JR,
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
TO WHOM IT MAY CONCEP~N:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your 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.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
CHAIRMAN
df
Enclosure
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSK1, JR.
ELLEN M. LARSEN
Ms. Nancy C. Stein
5 Woods Witch Lane
Chappaqua, New York
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 8, 1986
10514
TELEPHONE
(516} 765-1892
Re: Cedar Lane, East Marion, New York
Dear Ms. Stein:
The following action was taken by the Board of Trustees during their
regular meeting held on August 28, 1986 regarding the above referenced
matter.
Moved by Trustee Bredemeyer seconded by Trustee Krupski
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area; and
WHEREAS, the Board has considered all of the documentation submitted
concerning this request; and
WHEREAS, the Board made the following findings of fact.
1. By this request appellant requests a WAIVER of the Wetland
Ordinance to replace and expand a deck on property located at
Cedar Lane, East Marion, New York.
2. The existing deck is totally behind a bulkhead.
3. The proposed deck will be placed on gravel.
4. The applicant agreed to do everything to contain road run off that
is going through his property by installing dry wells before installing
the deck.
IN VIEW OF THE FOREGOING AND IN CONSIDERATION OF THIS REQUEST THE BOARD
FINDS AND DETERMINES:
1. The project as proposed will not adversely affect the health,
safety and general welfare of the people of the Town.
2. The project as proposed will not adversely affect the wetlands.
In considering this determination, please take further notice that this
declaration shoukd not be considered a determination made for any other
department or agency which may also have an applicat~n pending for the same
or similar project.
Nancy C. Stein
Page 2.
NOW, THEREFORE, BE IT
RESOLVED that Nancy C. Stein BE AND HEREBY IS GRANTED A WAIVER OF THE
WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD AS REQUESTED
SUBJECT TO THE FOLLOWING PROVISIONS DURING CONSTRUCTION:
1. During construction all materials should be contained so that
it does not wash into the waterway.
2. Immediately following construction all areas of exposed soil
should be suitably vegetated.
3.Run off is to be discharged into dry wells.
In considering this determination, please take further notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
Very truly yours,
HPS:ip
cc: C.A.C.
Bldg. Dept.
Board of Appeals
Trustees
file
Henry P. Smith, President
Board of Town Trustees~
Ilene Pfifferling, Clerk
June 1, 1989
Zoning Board of Appeals
Town of Southold
Main Road
State Road 25
Southold, New York 11971
Attention: Ms. Linda Kowalsk~
Gentlemen/Mesdames:
In accordance
further support of
enclosed are:
with your recent request, and in
our application for a variance,
Photos of the grade from the house
toward the inlet and from the inlet
toward the house;
Notices to the Parrotts and Kapulers, the
two adjoining property owners, receipted
by all on May 27;
Copy of the Trustees' waiver.
Our calculation of the total square footage of all
improvements, house garage and proposed deck, is less
than 3,000 square feet. We believe the lot is
approximately 12,200 square feet. Hence, the
percentage of coverage is approximately ~4.6%.
If we can provide you with any additional
information, please call me during business hours at
212-818-9600.
Thank you.
Verf/truly yours,
K~
KLS\cm:3
Enclosures
June 19, 1989
Ms. Linda Kowalski
Southold Town Board of Appeals
Main Road - State Road 25
P.O. Box 1179
Southold, New York 11971
Re: Variance(s) ADDlication No. 3854
Dear Ms. Kowalski:
~."~'- Enclosed is the revised and updated varl.ance(s)
~ application which I am sen.ding .t.o our nelg.hb.ors
-)concurrently herewith. I will file the certified
~.~£~,~(-~ail receipts when returned to me by the U.S. Post
off ce.
· ~.~_~.," So as to keep them fully apprised, I have
~ provided them with copies of the Notice of
.~'~ ~' D~sapproval and your letter of June 5, 1989 w~th
, enclosures.
~3 ~ Thank you for your help.
KLS:js
Enclosures
sinc~ely yours ,.
cc: Bill and Sylvia Kapuler
Bill and Aileen Parrott
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR,
JOSEPH H. SAWtCKI
JAMES DINIZI0, JR.
Southold Town Board of Appeals
MAiN ROAD 'STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
June 5, 1989
Mr. Kenneth L. Stein
5 Woods Witch Lane
Chappaqua, NY 10514
Re: Appl. No. 3854 - Variance(s)
Dear Mr. Stein:
Thank you for your recent letter with supplementing
documentation concerning your application filed recently with
our office.
Since the Building Inspector's Notice of Disapproval gives
reason for a variance only for proposed construction within 75
feet of wetlands, his Notice of Disapproval will need to be
amended/updated to include the necessity of a variance for lot
coverage in excess of the maximum-permitted 20%. (Enclosed is a
copy of the Bulk Schedule requirements for your property.
Please also note that the setback from the rear property line
at the closest point must be not less than 35 feet. If you
feel that the setback may be slightly less than 35 feet, you may
want to include this for the Amendments also.)
We are sending a copy of this letter to your builder,
~Mr. George Terry, in order to help to expedite obtaining the
~'~Amended Notice of Disapproval for lot coverage (and possibly
.rear yard setback too).
Upon receipt of the Amended Notice of Disapproval from the
Building Inspector, the neighbor notifications should be sent by
certified mail, citing the request for a variance as to exces-
sive lot coverage (and if necessary rear yard setback) for this
R-40 Zone District, and returning the originals with original
postmarked mail receipts to our office.
In the interim, we have reserved a hearing date on this
Page 2 - Jund 5, 1989
To: Mr. Kenneth L. Stein
Re: Appl. No. 3854 - Variance(s)
matter for late July, and ask that either you or Mr. Terry
return to correct the application, etc. If preferred, this may
be done by mail.
Please feel free to call at any time if you have questions.
Yours very truly,
Linda Kowalski
Enclosures
cc: Mr. George Terry, Builder
Mr. Victor Lessard, Principal Building Inspector
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Dated: May 26, 1989
Transmitted herewith is Zoning Appeal No. 3854
Nancy C. Stein
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
· application of
for a variance. Also included is: Notification to Adjacent Property Owners;
Short Environmental Assessment Form letter relative to NYS Tidal Wetlands
Land Use; Notice of Disapproval from the Building Department; survey of
property; and any other attachments relative to this application.
Judith T. Terry
Cn~thnld Tnwn ~l~rk
Southold Town Board of Appeals
MAIN RnA?~- STATE RI-lAD 25 SMIUTH[]LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
TYPE II
September 21,
ACTION DECLARATION
1989
Appeal No. 3854
Project/Applicants:
County Tax Map No.
Location of Project:
Nancy Stein
1000-37-4-10
2535 Cedar Lane, East Marion,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct deck within 75' of bulkhead.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
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 determines this
application to fall under the established list of Type 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.
tr
'[he ii, S, [nvirol::nolr. al QualiLy~:vluw 1ct r¢'~uir~:;
":?,.:','." "'mission t this form, and an envtroinLal reviuw'~ill 'ber
..~ ......' . . _~ ~
'~'.., ..... ' m~de b~ this board before an~ act~ ~e ~ taken. ...,- ....
- . . . . . . · , o~T ~v~Po .F TqI A E P~ · .' ','
.h~',.:7./' ~., .,id,, . ~-~ .... ' .- - '' . , ' ' "~.J.~, ~.,'~',o
,., .... . ,, l~ly ~c:~ o~ the ac:.on, Z: ~ not o~ec=cd ~ha: aOlltlora) .~.,~ .......... ,'~
. ~ (b} l~ any que~.ton he3 been anJwored Yes [hn project m~y be ~i~tftcant~End z''
· '.'d.2 .. ', '.'q'.~ .....~ . '~ '":. .... %- · ' . / -.. : :";,,.~ ~""A~
· "': ....... ,:*.'D''~.'..(c) It al1 quas~lon= have been an=worod Ilo ~' 4, ~u,~ ........ ' .......... ~, ', -
. ...],.,., J ,; ... . . . . . . . , ,
· .~:..'.'",};;[L~,.-' .' ~ l. ~l project ro=~t in a larKe ~hy=ical c~ne ' ' ....
. :tv- :.',..'.?~?'.t' · . :. to the prelect ~ltoor phy=lcaliy altermor:' ' ' :..".~.
....... .. ,~,; ~ 2. Will :hero be a ma~or chung~ to any ~cuo or ....
3, W~I pro~ec: alter or ~vo a largo effect on X .. ....
an oxl~tln~ body of water? . . . , . , , * * ~e~ rio ....
&, ~l proJ~c~ h~vo a potont/~ll7 largo Lmpac~ on ~. '.,
~o,~ator quailty?.* * * * * * * * * _ Ye= X Ilo :
~, W~i proJec: sl~iflcantly'cf~ect drainage ~c-., -..
· ,.
6, 'Will project affect any thrca~ene~ or endangered
plant or anL~.~[ 3peC~cs? ......... ..,, TO~ ~ ~o
7, W~I project res~ ina ~aJor sd'.'orn~ effect on ~.
- · * Ycm X Nc
8, W~ proJec~ have a ~Jor effect on vt~uol chn~ . .'P.-
kno~ to bc ~portant to thc c.o~.~un~ty? * * .. Ye~_ x
:: ,.~.,~.
.* W~ll project adversely ~pnct any ~lto or stm~c~
crc of h~nor~c, prc-~l~oric, or pal6on~olo~cul
10, W~[ project have a m~Jor effoct cn exl~t~2 or
II. Wtll project result ln'mmJor traffic problcm~ or ' 2/''
" systcm~? * * ' ' ' * Yes_ X
12. W~i[ project ~eg~al'17 cause obJect~onablo oCor=., ". ''
noiJo, glare, vibration, or electrical dlatur~
anco an ~ result of the proJect'~ operation? . . Yca X No
~), Will project have an7 l~npact on public health or
·afetT" , * * · * , · , , , X '
, . Yea
1~, Will project ~ffect the exl~tln4 co~qunlty by
t:cn of moro than ~ per, on,' - ' over a on~yoar
period e~ have a 7a Jot n,:ca~lve cC[cCC on ~r.e
public
centrzver~ ~c,.;n:nK thc project" Ye~ X
· .-~,-.. a S ..... ~,t~:__~k~ [- Y TIT.~: Applicant
. ,.a; ........ Nancy C. Stein DATE: May 15, 1989
May 15, 1989
To: Southeld Town Board of Appeals
~lain Road
Sou~hold, NY 11971
Appeal Application of N~ancy C. Stein
Location of Property: . 2535 Cedar Lane, East Marl09, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands ~and-us
Regulations, 6 NYCRR, Part 661, and Article 25 of the Ne:.; York
State. Environmental Conservation Lav~, please be advised tha~
subject property i,n the within appeal application:
(please check crno box)
~xx ] ~I~,.; be located ~ithin 300 feet of tidal wetlands
hc%.~,2ver, constructed alon~ the water-lying edco
of this property is a bulkhead in very good
condition and at least 100 feeU in ;len~tk.
[ ] May b'e 'located within 300 feet of tidal wet!ands~
however, constructed along the %¢ate-r-lyin? edge
of this property is a bulkhead in need of (minor)
(major) repairs, and a o~-:
[ ]
-[ ]
not appear to
May be located within 300 feet of tidal wetlands;
however, constructed along thc water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located :.;ithin 300 feet of tlda! wetlands.
and there is no bulkhead or cc, ~,. _ '
'on the premises. .1 ..... wa!~ e:cis:'ln
Is not located within 300 feet of
to the best of my kno%.~ludue.,
tidal wetlands
[Starred items (*) indicate your property doe~,z
fall within the jurisdiction of the N.y.s' D.E..C.
Sincerely
LOT_: If proposed project falls ~;it'h, in D.E.C. jurisdiction,
asproval must be received and Sukmi~L'
' . ~.ed to our office befoce
your a~plication can be -~che~uled loc a public ' ." '~'
Mailing List of Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
Copies to the following on or about September 9, 1989:
Suffolk Times, Inc. (Personal Delivery)
L.I. Travel-Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Office Bulletin Board (East Hall)
ZBA Board Members (with copies of files)
ZBA Individual Files
Mr. Thomas C. Samuels, as Agent for Southold Free Library
25235 Main Road, Cutchogue, NY. 11935
Southold Pools, as Agent for Piperakis and Argiropoulous
P.O. Box 1412, Southold, NY. 11971
Mr. Richard Lark, Esq. for Elizabeth McCance,
Main Road, P.O. Box 973, Cutchogue, NY. 11935
Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361
Ms. Marie Ongioni, Esq. for Edwin Kinscherf,
218 Front Street, Greenport, NY, 11944
Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr.
Peconic Associates, P.O. Box 672, Greenport, NY. 11944
Edson and Bruer, Attorneys at Law,
Esq. for Charles and Carol Burst
P.O. Box 1466, $outhold, NY, 11971,
Mr. Rudolph Bruer, Esq. for Henry Arbeeny,
P.O. Box 1466, Southold, NY, 11971
Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty,
Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716
Mr. Warren A. Sambach, Sr. for Richard DiBlasi,
P.O. Box 1033, Cox Lane, Cutchogue, NY 11935
Mr. Charles R. Cuddy, Esq. for Elliot Paskoff,
180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901
Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514
Mr. and Mrs. Michael Toffalis
50 Captain Kidd Lane, Mattituck, NY 11952
Mr. Jim Delucca, for Bernard Cosimano
12 Linda Lane, Riverhead, NY 11901
Mr. Garret A. Strang, for Paul Mitchell
P.O. Box 1412, Southold, NY 11971
Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark)
184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978
Mr. Merlon Wiggins, For Port of Egypt
1 Bootleg Alley, Greenport, NY, 11944
Mr. William D. Moore, Esq. for Crescent Beach Condo.
Main Road, P.O Box 23, Mattituck, NY 11952
Mr. and Mrs. Domenico LoRe
21 Chatteua Drive, Box 24, Oakdale, NY 11769
Mr. and Mrs. Nick J. Cassimates
150 Captain Kidd Drive, Mattituck, NY 11952
Ms. Margeret Drape
160 Breakwater Drive, Mattituck, NY 11952
~TY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ...................... /. · . . weeks
successively, commencing on the ...... /~ ~' '
Sworn to before me this ....... ,/,fi- '~F day of
............. ~, 19. ~
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBEIg, State of New York
No. 4806846
Qllalified in Suffolk County .
Commission Expires f~/~ ,/5'0
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant io Section
267 of the Town Law and the
Code of the Town of Southold,
the following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at a Regular Meeting, at the
Southold Town Hall, Main
Road, Southnid, NY 11971, on
THURSDAY, SEPTEMBER 21,
1989, at the following times:
7:30 p.m. AppL No. 3861--
SOUTHOLD FREE LIBRARY.
Variance to the Zoning Or-
dinance' Article IX, Section
100-102, as Disapproved, (non-
conforming Bulk area and park-
ing requirements of the Hamlet
Business District).; Proposed
construction will have insuffi-
cient total side yard setbacks.
Property Location: 53705 Main
Road, Southold; County
Map No. 1000, Section 61, Block~
1, Lot 14. '~
7:35 p.m. AppL No. 3859-~
EMANUEL PIPERAKIS AND
DIMITRIOS AGRIROPOU-
LOUS. Variance to the Zoning
Ordinance, Article XXIII, Sec-
tion 100.239d (A) (l), as disap-
proved, for permission to con-
struct an inground pool with
deck and fence, wi~thin 100 feet
from Sound in this R-40 Zone
District. Property Location:
3410 North Sea Drive, Orient;
County 2~ax Map No. 1000, Sec-.
tion 15, Block 1, Lot 3. .
7:40 p.m. Appl. No. 3798--
ELIZABETH McCANCE. Var-
iance to thc Zoning Ordinance,
Article I, Section 106-20 (Arti-
cle 111 Section 100-31 as Disap-
proved) for approval of insuffi-
cient area in this pending divi-
sion of land of property, (R-80
Zone District.) Property Loca-
tion: Mansion House Drive,
Fishers Island; County Tax Map
District 1000, Section 06, Block
05, Lot 3-$.1.
7:45 p.m. Appl. No. 3863--
NICHOLAS TSIRKAS. Vari-
ance to the Zoning Ordinance,
Article XXIV, Section 100-2~,
as disapproved, for permission
to construct a one family dwell-
ing with an insufficient 40'
frontyard setback in this R-40
Zone District. Property Loca-
tion: 2700 Sound Avenue,
Greenport, County Tax Map
District 1000, Section 033, Block
01, Lot Il.
7:50 p.m. Ap.~No. 3827--
EDWIN Klbl~ERE Vari-
ance to the ZOll~'g Ordinance.,
Article I, Section 106-20, (Arti-
cle III, Section 100-31, as disap-
proved), for approval of insuf-
ficient areas in this pending sub-
division (R40 Zone District.)
Property Location: 350 Wood
Lane, Greenport, Section 043,
Block04, Lot 29-30-35.
7:55 p.m. Appl. No. 3864--
LOEPOLD STERN. Variance
to the Zoning Ordinance, Arti-
cle XXIII, Section 100.239d, B.
(Article XXIV, Section 100-244,
as disapproved), for permission
to construct a one family dwell-
ing with an insufficient rearyard
setback, approximately 75 feet
from the bulkhead in this R-40
Zone District. Property Loca-
tion: 1390 Bayview Drive, East
Marion, County Tax Map Dis-
trict 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. Appl. No. 3865--
CHARLES AND CAROL
BURST. Variance to the Zoning
Ordinance, Article III A, Sec-
tion 100-30 A.3, as disapproved,
for permission to construct
addition with insufficient side
and rearyard setbacks in thisl~°
R40 Zone District. Property
Location: 705 Windy Point
Road, County Tax Map District
1000, Section 87, Block 4, LOt 6.
8:05 p.m. Appl. No. 3866--
HENRY ARBEENY. Variance
to the Zoning Ordinance, Arti-
cle VIII, Section 100-82, as dis-
approved, for approval of
insufficient area in this pending
subdivision, (Light Business
Zoning District (LB), Property
Location: Route 48, Kenny's
Road, Southnid, County Tax
Map District 1000, Section 059,
Block 07, LOt 31.
8:10 p.m. Appl. No. 3849~
CIPITELLI BROS REALTY.
Variance to the Zoning Ordi-
nance, Article XXIII, Section
100.239d, A (1), as disapproved,
for permission to construct a
one family dwelling with an in-
sufficient setback and within
100 feet from Long Island
Sound in this R-40 Zone
District. Location of Property:
90 Petty's Drive, Orient, Coun-
ty Tax Map No, 1000, Section
14, Block 2, Lot 24.
8:15 p.m. Appl. No. 3852--
RICHARD DiBLASI. Variance
to the Zoning Ordinance, Arti-
cle lII, Section 100-30A3, as dis-
approved, for permission to
construct open deck in front
yard, nonconforming With hulk
area and parking regulations in
this R40 Zone District. Proper-
ty Location: 360 Bayview Drive,
East Marion, County Tax Map
No. 1000, Section 037, Block 04,
Lot 01. ~b,~
8:20 p.m. Appl. No.
ELLIOT PASKOFF.
the Zoning Ordinance,
III A, Section 100-30A.3, (Ar-
ticle XXIII, Section 100-231 (A),
as disapproved), for permission
to construct an attached deck
with insufficient side yard and
accessory fence (trellis) in front
yard at the height of more than
required 4 feet. Lot area is non-
conforming in this R-40 Zone
District. Property Location: 205
North Sea Drive, Southold, NY,
County Tax Map No. 1000, Sec-
tion 54, Block 4, Lot 4. ~
25 p.m. Appl. No. 3854-~-
CY STEIN. Variance to
Zoning Ordinance, Article
ection 100-119.2. (Article I,
Section 97-12C, as disapproved)
for permission to construct a
deck addition within 75 feet of
water or wetlands. Zoning Dis-
trict R-40. Property Location:
2535 Cedar Lane, East Marion;
County 'Pax Map No. 1000, Sec-
tion 037, Block 04, Lot 10.
~:30 p.m. Appl. No. 3857~"
MICHAEL TOFFALIS. Vari-
ance to the Zoning Ordinance,
Article XXIV, Section 100-244.~'~
As disapproved, for permission
to construct a deck addition,
insufficient rear yard setback for
nonconforming lot in an R-40
Zone District. Property Loca-
tion: 50 Captain Kidd Drive,
Matfitock, County Tax Map No.
1000, Section 106, Block 03, Lot
028.
8:35 p.m. Appl. No. 3858--
BERNARD COSIMANO. Vari-
ance to the Zoning Ordinance,
Article XXIII, Section
100-239d, B. (Article XXIV,
Section 100-244, as disappwved)
for permission to construct a
deck addition within 75 feet of
bulkhead. Construction has
insufficient total side yard set-
backs in this R-40 Zone District.
Property Location: Watersedge
Way, Southold, County Tax
Map No. 1000, Section 88,
Block 5, LOt 63.
8:40 p.m. Appl. No. 3542--~'~*~
CLIFFSIDE (TIDE MARK).
Variance to the Zoning Or-
dinance, Article V, Section
100.50B Special Exception, (Ar-
ticle XIII, as disapproved) for
permission to construct 76 motel
Units in this Resort/Residentiai
(RR) Zone District. Property
Location: 61475 County 48,
Greenport, County 'Pax Map
No. 1000, Section 045, Block 01,
Lot 01.
8:45 p.m. Appl. No. 3770--
PORT OF EGYPT. Variance to
the Zoning Ordinance, Article
XII, Section 100.121C-122, (Sec-
tion 100.239D, as disapproved)
for permission to construct Boat
Storage Building with insuffi-
cient setbacks and excessive lot
coverage in this Marine II (M-
11) Zoning District. Property
Location: Main Road,
Southnid, County Tax Map NO.O
1000, Section 056, Block 04, ~
LOt 10.1, II, 12.2, 3.2, 3.3, 4, 6.1.
8:50 p.m. Appl. No. 3842--
CRESCENT BEACH CON-
DOS. Variance to the Zoning
Ordinance. Article XXVII, Sec-
tion 100-271, as disapproved, for
permission to enclose decks or
patios of units to be enclosed
with glass windows with insuffi-
cient setbacks. Property Loca-
tion: End of Maple Lane, East
Marion, in this Resort/Residen-
tiai (RR) Zone District, County
Map No. 1000, Section 38,
Block 7, Lot,2~ .u~its.
8:55 p.m. Appl. No. 3860-
DR. PAUL MITCHELL.
Variance to. the Zoning Or-
dinance, Article III A, Section
100-30A-3, as disapproved, for
approval to construct a single
family dwelling with insufficient
front yard setback in this R-40
Zone District. Property Loct~
tion: 1015 Munn Lane, Orien~
County Tax Map District 1000,
Section 017. Block 02, Lot 08.
The Board of Appeals will at
said time and place hear any and
ail 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. Additional time
for your presentation will be
available, if needed. For more
information, please call
765-1809.
Dated: September 1, 1989.-
BY ORDER OF THE
SOUTHOLD TOWN.'
' BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
IX, 9/14/89 (25i'LI
ry, (R-80 Zone District.) property
Lo~.3-5.1.
7:45 p.m. Appl. No. 3863
a toe family dwellin~ with an insuf-
R-40 Zone Disuict. Property Loca-
pofl, County Tax Map Distri~t'1000,
Section 033, Block 01, Le~ 1L
Sea,ion 106-20. (At,cie I~ Section
100-31. as disapproved),
peuding ~ubdivision (R-40 Zone
District.) Property Location: 350
a one family dwelling with an insuf-
safely 75 feet f~m the bulkhead in
CHARLES AND CAROL BURST.
Block 4, Lot 6.
ness Zoning Dist~ct (LB), P~l~erty
cie XX~ Section 100-239d, A (1),
04, Lo~ Ol.
Section 100-231 (A), as disap-
is no~couforming in this R-40 Zone
County Tax lViep No. 1000, Section
No. 3854
Zoin~.g Outimmee, Article ~ Se~-
within ?5 feet of water or wctiends,
Zoning District R-40. Property
~ Location: 2535 Cedar Lane, East
Marion~ County Tax ~p No.
~CH~L ~FFA~S. VaH~
~8.
8:~5 p.m. AppL No, 3858
B~ C~O. Va~
~ S~im 1~-~9d, B. (~-
~ a ~ ~i~ wi~ 75 f~
ficient to~l side yard setbacks
this R~ ~e Dist~cu Pro~y
~S~E ~E ~RK). Va~-
~ ~'~c ~g O~,
cie V, Section 100-50B Special
~. (A~e X~, as disap-
76 ~ U~ ~ ~s Reso~.i-
d~fi~ ~) ~e ~tfi~. ~y
~n, Co~ty Tax ~ap No. 10~.
~ ~5. BI~ 01, ~ 01.
~g O~, A.i~e X~
~ 1~-121C - 1~, (S~ I~-
~OD, ~ disarm) for
~aHne ~ (M-I~ Z~g Dh~ict.
~closed wi~ ~s w~dows wi~
~: End of ~ple ~, ~st
~R) Zone District, County Map
No. l~, S~fi~ 38. BI~ 7,
COUNTY OF SUFFOL0
Patricia He~ __of Mattituck, In
said County, being duly sworn, says that he/sha Is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
publIshed at Mattltuck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed Is a printed copy, has been regularly published in
said Newspaper once each week for 1 weeks
successively, commencing on the 14th day of
s~19 89_
Sworn to before:me thIs
NOTICE OF H~RINGS-
NO~CE IS HEREBY GIV~
will be held by the SOU~HOLD
~ BOA~ OF ~P~ at a
Regular M~fiug. at th~ou~old
To~ HaH, M~n Road, Southold,
NY 11971, on THURSDAY,
SE~BE~ 21, 1989, at ~e
7:30 p.m. Appl. No. 3861
SOUTHOLD FREE LIBRARY.
approved, (nonconfo~ing Bulk
~ Bus~e, dis~cO p~sed
Location: 53705 Main Road,
Souihold; County Tax Map No.
7:35 p.m. Appl. No. 3859
EMANUEL PIPERAKIS AND
D~OS AG~O~ULOUS.
Va~cu to ~e ~g O~ce,
A~icle XXIII, Section 100-239d
(A) (1), a~ d~a~v~, for
with deck and fence, within .100
feet fr~ Sold ~ ~is R-40
District. Pro~y ~cation: 3410
No~h Sea Drive, Orient; CourtW
Tax Map No. lO00, Section 15,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
NANCY C. STEIN
~0 the Board of Appea~s of the Town of Southold
TO: BiLL and SYLVIA KAPUL£R
373 Union Street
Brooklyn, New York 11201
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ~dlE/~dd~ffd~aq/p~ffn'~/l~ [circle choice]
2. That the propert~ which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows: the Stein home to the north of yours
3. Thal the properts which is the subject of such Petition is located in the following zoning district:
A - Residential
4. That b~ such Petition, the undersigned will request thefollowingrelief: permission to construct
a deck in accordance with the attached p]ans.
5. Tha~ thc provisions of the $outhoid Town Zoning Code applicable to the relief sought by the under-
signed are A~i=zcle III ~=~:t_i. on 100-119.2
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five day's from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Ma n Road Southold, New York and you ma)' then and there
examine the same during regular off ce 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: May 15, 1989
Petitioner
Owners ' Names: Nancy C. & Kenneth L. Stein
Post Office Address
5 Woods Witch Lane
Chappaqua, New York 10514
(Tel. 914-241-0515 )
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF NEW YORK
5S :
Carol McBride ,residingat 101-47 121st Street, Richmond Hill, NY 11419
, being duly sworn, deposes and says that on the l~6th
of May , 19 89 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at 4~%h& Lexinqton Ave., New York, NY ;that said Notices were mailed to each of said personsby
(certified) (registered) mail
Sworn to,~efore me this 16th
day of./ May . _....~,19 89
-- KENN~H L STEIN
Carol McBride
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
NANCY C. STEIN :
to the Board of Appeals of the Town of Southold :
TO:
BILL and AILEEN PARROTT
18-75 CPL Kennedy Street, #1G
Bayside, New York 11360
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (~R~TiAJ/~%c,e, ci4,ip/i~/j,,~p~,c,i~lk)aAr;l~l~/)//~O,~jfi/~) [circle choice]
2. That the properts which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: the Stein house to the south of yours.
3. That the propert~ which is the subject of such Petition is located in the following zoning district: .
A - Residential
4. That b~, such Petition, the undersigned will request the following relief: permission to
construct a deck in a~cordance with the attached plans.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Sect/on 100-119.2
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Soutl~old Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
?. 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 $outhold 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: May 15, 1989
Petitioner
Owners ' Names:
Post Office Address
5 Woods Witch Lane
Nancy C. & Kenneth L. Stein
Chappaqua, New York 10514
( Te I. 914-241-0515
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
A DD._.__R ESS
STATE OF NEW YORK
COUNTY OF EEl,,/ YORK
Carol McBride ,residingat 101-47 121st Street, Richmond Hill, NY 11419
,beinB duly sworn, deposes and says that on the 16th day
of May , 1989 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed [o each of the above-named persons at the addresses set opposite their respective
name~; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at 45th& Lexington Ave., New York, NY ;thatsaid Notices were mailed to each of said personsb¥
(certified) (registered) mail.
Sworn to before mc this 1,Jith
day ~9 89
Notary' Public
KENNk'll4 L STEIN
NOTARY PUBLiC.State 0t New Y0fk
No. 02ST3825742
Qualified in Westchester County
~mmissio~ Expires May 31,
Carol McBride
(This side does not have to be completed on form transmitted to adjoining
property owners.)
4: .///:
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