HomeMy WebLinkAbout3815
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCK]
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:3'71
TELEPHONE (516) 765 1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 3815:
Matter of ALFRED FALKOWSKI for a Variance to the Zoning
Ordinance, Article IX, Section 100-90 for permission to locate
new principal building in this "C-i" General Industrial Zone
District. Location of Property: 8595 Cox Lane and the
Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map
District 1000, Section 083, Block 3, Lot 4.6.
WHEREAS, a public hearing was held on January 12, 1989
under File No. 3815, filed December 20, 1988; 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. By this application, applicants request a Variance to
the Zoning Ordinance, Article IX, Section 100-90, Bulk Schedule,
to locate new principal building with an insufficient frontyard
at 50 feet from the front property line along Cox Lane, as shown
on the plot plan prepared by Sambach Associates of October 4,
1988 (Job #2988).
2. The subject premises is located along the (south)west
side of Cox Lane in the Hamlet of Cutchogue, Town of Southold,
contains a total acre of 6.09 acres (265,599 sq. ft.) and is
situated in the C-1 General Industrial Zone District.
Page 2 - Appl. No. 3815
Matter of ALFRED FALKOWSKI
Decision Rendered January 12, 1989
2. The property is vacant land and is also referred to as
Lot No. 3 as shown on the Map of Minor Subdivision (#450)
approved by the Southold Town Planning Board during 1987.
3. For the record it is noted that by letters dated
December 6 and 8, 1988, the Planning Board has coordinated its
comments under the pending site-plan review.
4. For the record, it is noted that on January 10, 1989,
the Southold Town Board adopted Local Law #1-1989 for a new
Master Plan; and the subject premises is shown to be zoned "LI"
(Light Industry). The setbacks for this new zone district are
to be 50 ft. minimum for the front yards, exclusive of
landscaping buffers.
5. Article IX, Section 100-93 of the current Zoning Code
requires minimum front yard setbacks at 150 feet for this C-1
Heavy Industrial Zone District. The relief requested by this
variance is 100 feet less than the required 150 feet, which is
not substantial in relation to the new Master Plan requirement
adopted January 10, 1989 but which is substantial in relation to
the current zoning requirement.
6. It is the position of this Board in considering this
application that:
(a) the circumstances are unique to the property;
(b) the relief, as granted, is the minimal necessary
under the circumstances;
(c) the relief, as granted, will not alter the
essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) the variance will not in turn be adverse to the
safety, health, weflare, comfort, convenience, or order of the
town, or be adverse to neighborhing properties.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
P~ge 3 - Appl. No. 3815
Matter of ALFRED FALKOWSKI
Decision Rendered January 12,
1989
RESOLVED, to GRANT alternative relief for the placement of
the newly proposed principal building under the Application of
ALFRED FALKOWSKI under File No. 3815 at not less than 60 feet
from the front property line along Cox Lane (50 feet plus a
10-foot buffer) AND SUBJECT TO THE FOLLOWING CONDITION:
Should there be any outside storage, said items must be
properly enclosed and screened (other than vehicles).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio. (Member Doyen was absent due to poor flying
conditions. Member Sawicki was absent {out-of-state}). This
resolution was duly adopted.
lk
AND FILED BY
SOUTIiC;LD TOWil
Town Clerk, Town of Souti:o!d
~...f~. :~'~9~r MAIN ~OAD- ~TATE ROAD 25 SOUTHOLD. L..I, N.Y. 11971
~ TELEPHONE (516) 765 1809
APPEALS BOARD
JOSEPH H. SAWICK[ NOTICE OF HE~INGS
NOTICE IS HEREBY GI~N, pu~'suant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TO~ BO~ OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, J~UARY ~, 1989, at the following times:
7:32 p.m. Appl. No. 3809 - STEPHEN ~D DO~A GRZESIK.
Variance to the Zoning Ordinance, Article III, Section 100-31,
for permission to construct addition to dwelling with an
insufficient rearyard setback. Location of Property: 62215
(309) North Road, Greenport, ~; County Tax Map District 1000,
Section 40, Block 1, Lot 3.
7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY
BOLLETINO. Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to locate accessory tennis court,
swimmingpool, and fence enclosure(s) in the frontyard area.
Location of Property: North Side (916705)
Marion, NY; County Tax Map District 1000,
Lot 14.6.
Main Road, East
Section 23, Block 1,
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
7:38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission
to locate accessory building in the frontyard area. Location of
Property: Private Right-of-Way located off the north side of
Bergen Avenue, Mattituck, NY; County Tax Map District 1000,
Section 112, Block 1, Lot 17.
7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK.
Variance to the Zoning Ordinance, Article III, Section 100-32,
for approval of addition to accessory building with insufficient
setbacks from property lines. Location of Property: Westerly
Side of Bennett Lane and the South Side of Pine Neck Road,
Southold, NY; County Tax Map District 1000, Section 70, Block
9, Lot 1.
7:48 p.m. Appl. No. 3820 - GUNTHER AMD KAYLA STOTZKY.
Variance to the Zoning Ordinance, Article III, Section 100-31,
for permission to construct addition at rear of existing
dwelling with an insufficient rearyard setback. Location of
Property: East Side of Osprey Nest Road, Greenport, NY;
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE.
Special Exception to the Zoning ordinance, Article VII, Section
100-70B for permission to establish car dealership (and sign) in
this B-1 General Business Zone District. Location of Property:
West Side of Horton's Lane, Southold, NY; County Tax Map
District 1000, Section 59, Block 3, Lot 32.1.
8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL.
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate accessory swimmingpool in the frontyard
area. Location of Property: East End Road, Fishers Island,
NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4.
o 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to ~
Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule,q
permission to locate new principal building in this C-1 ~
General Industrial Zone District with an insufficient frontyard ~
/ ~ack. Location of Property. 8595 Cox Lane and South Side of
Oregon Road, Cutchogue, NY; County Tax Map District 1000,
Section 83, Block 3, Lot 4.6. ~
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the
Zoning Ordinance, Article III, Section 100-32 for approval of
accessory swimming pool with fence enclosure in the sideyard
area. Location of Property: 245 Kimberly Lane, Southold, NY;
Paradise By the Bay Subdivision Lot No. 2; County Tax Map
District 1000, Section 70, Block 13, Lot 20.2.
8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER.
Variance to the Zoning Ordinance, Article III, Section 100-31
for approval of insufficient lot width (frontage) of proposed
Parcel No. 1 in this pending Minor Subdivision. Location of
Property: West Side of Little Neck Road, Cutchogue, NY; County
Tax Map District 1000, Section 103, Block 9, Lot 13.
8:15 p.m. JOSEPH AND BETTf HARDY.
South Side of Main Road, Mattituck, NY;
1000, Section 114, Block 11, Lot 5:
(a) Appl. No. 3747 - Special Exception to the Zoning
Ordinance, Article VIII, Section 100-80B, for permission to
construct wholesale storage building, accessory to plumbing use;
and
Location of Property:
County Tax Map District
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
(b) Appl. No. 3746 - Variance to the Zoning
Ordinance, Bulk Schedule, Article VIII, Section 100-81, for
permission to construct wholesale storage building for plumbing
business use.
8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special
Exception to the Zoning Ordinance, Article XIII, Section 100-80B
for permission to utilize existing building and premises for
assembly and manufacture of classic cars in this
Industrial" Zone District. Location of Property:
Main Road and West Side Elijah's Lane, Mattituck,
Lot No. 1 as shown on Map dated October 12, 1988;
Map District 1000, Section 108, Block 4, Lot 10.
"C-Light
North Side
NY; Proposed
County Tax
8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY,
INC. Variances to the Zoning Ordinance, Article III, Section
100-31, for approval of insufficient area of two proposed
parcels in this pending division of land. Location of
Property: West Side of Crescent Avenue and North Side of
Central Avenue, Fishers Island, NY; County Tax Map District
1000, Section 6, Block 6, Lot 20.4.
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12, 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
will not start before the time allotted. For more information,
please call 765-1809.
Dated: January 3, 1989.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date.../..~/.~. ................. 19Oc~.~...
.... .~..~..~.. ~..~..~..~ ........
PLEASE TAKE NOTICE that your application dated .../..~'./~. ............... 19
for permit to ~~...,o-~... ~...~. ~...~. ~.~. ~... at
Location of Property ~.~.: ........ ~ .~ .........
County Tax Map No. 1000 Section .... d .~.~ . . . Block ..... a ffi .... Lot .... ~ ......
Subdivision ................. Filed Map No ................. Lot No. '
is re turne d. here with and disapproved on the following grounds. ~../7~M-.~C... ~..~.._.~..
,~.~'.../.~...~.~.~.,...~ .... ~~..~:...~~
....
....
RV 1/80
· RECEIVED
TOWN OF SOUTHOLD, NEW YORK
DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. D~/~
DATE...~....,~.....~.~,.~/...~. ........
1,xJ~ Warren A. Sambach, Sr. of P.O. Box 1033 Cox Lane Name of Appellant' Street and Number
Municipality
~..~....~,J,~).~.~ ......... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.q~mb.~.Zg...9..,....19.8. fJ ..........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
..~.%~.r...e.~.~.~a..~..k.9.¥..s...k.~....~"f....pa...v..a...~....T..e.~n...~.~s~....&. Party Services Inc.
Name of Applicant for permit
of
P.O. Box 184 Peconic NY 11958
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Construct Storage and Office Building
1. LOCATION OF THE PR~PERT%859.5.~.~x..Lane..~`/:~./~C~..~r~g.~n~./{~d.~C~..~Ga~er.a~.~Industri
083 03.0 004.06 Street /Hamlet / Use District on Zoning Mop
District 1000 Section Block Lot
................................................................................. Current Owner Alfred Falkot~ski
Map No. Lot No. Pti or Owner Leander B. Glover, Jr.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article IX Section 100-93
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(x') A VARIANCE to the Zoning Ordirmnce or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (~K~') been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was (×) request for a special R~5~i2'× exeeption
( ) request for a variance
and was made in Appeal No..~.~.9,..6....S...E. ............... Dated ...~..e..c..~..m.,]?.~..r.....8. x....1..9...8,.8.. ............................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that the required set back of 150' from Cox Lane is
excessive for the area of C1 General Industrial District. Adjoining
properties to the south of the property in question along the westside
of Cox Lane vary insetback dimensions less than 150'.
Form ZB] (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces-
sary HARDSHIP becau~ the area of property between a 50' set back and a 150'
setback would be 25,000 sq. ft. or 0.57 acre. The request for a 50'
setback is to provide for future development as maybe required for
various Industries to locate in this area of General Industrial District.
The Town of Southold has hired Master Planners to revise the Zoning
Ordinance and one of their recommendations is a 50' setback for
General Industrial District. If at a later date, the Master Plan is
adopted, Daval Party & tent Services would have lost 25,000 sq. ft. of
area that could be used for future development.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because adjoining properties have
50' and 40' front yard setbacks.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because adJoining properties have front yard
setbacks of 50' and 40'. The proposed location of the building will be
screened by leaving the existing trees in front of the building and
providing parking for cars and trucks in the rear of the building.
The proposed building would be the only building with a 150'
setback in the area.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
Signature
/ ..~..~ , December 1988
Sworn to this ................................. day or .......................
Notary Public {
ELIZABETH ANN NEVILLE
Notary Public, State of New York
No. 52-812§850, Suffolk Cmu~tv
Term ~x~ires t"L~teber
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREW' W,~GE D~S~'. SU,. ~.OT
FOYER OWNER N O~,~:~ E '
S W ~PE OF DUILDING
R~. S~S. VL. FARM ~O~. CB. MICS. Mkt. Value
~ND IMP. TOTAL DATE
.. , / (- ,
. ~ , .¥e~.., J~,~ ~ I.. ~,.}~.. ~/ ..
Tillable FRONTAGE ON WATER
W~land j'~ / ~ /4 ~, ¥ ~ / ~ FRONTAGE ON ROAD
Meadowland DEPTH
H~s~ Plot / ~-C / Z / a BULKH~D
.NOTE
1. ! -' MONUMENT ~-- STAKE
2. RE: LOT NO.S,MINOR SUBDIVISION FOR
"LEANDER GLOVER"
3. SUFF. CO. TAX MAP
DIST. I000 SECT. 083 BL.O03 LOT p/o 4.4
tSURVEY FOR.
ALFRED C. FALKOWSKI, JR.
AT CUTCHOGUE
'TOWN OF SOUTHOLD
SUFFOLK COUNTY~ NEW YORK
SCALE:
NO.
FEB. .5 ~ 19,87
f" = I00'
87'- 18
YOUNG s YOUNG
. RIVERI4EAD~ NEW YORK
ALDEN W. YOUNG, PROFESSIONAL ENGINEER
~0 ~ND SURVEYOR N.Y.S. UCENSE NO. 1~845
HOWARD W. YOUNG~ ~ SURVEYOR
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
January 25, 1989
Mr. Warren A. Sambach
Sambach Associates, Inc.
P.O. Box 1033 - Cox Lane
Cutchogue, NY 11935
Re: Appl. No. 3815 - Special Exception (Falkowski)
Dear Mr. Sambach:
Transmitted herewith for your perusal and file is a copy of
the determination recently rendered by the Board of Appeals in
the above matter.
Copies of this decision have also been furnished to the
Building Department Office and Planning Board Office to update
their files. Please be sure to return for other permits which
may be necessary.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Office of the Planning Board
Office of the Building Inspectors
Suffolk County Department of Planning
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR,
JOSEPH H. SAWICKI
JAMES DINIZIO. JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
January 10, 1989
Mr. Kenneth Dickerson
Chestnut Street
Southold, NY 11971
Re: Application for Albert Falkowski, Jr.
Location of Property: Cox Lane, Cutchogue
Dear Mr. Dickerson:
In reviewing the above file, it was noted that you are one
of the adjoining property owners of property located along the
south(west) side of Cox Lane, Cutchogue.
Attached is a copy of the plot plan showing the proposal
pending with our office at this time for Albert Falkowski, Jr.
Please contact our office, if possible, on or before
Thursday, January 12th. The hearing has been advertised, will
be held on Thursday, January 12, 1989 at 8:03 p.m., and can be
extended (if necessary).
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS January 12, 1989
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A.
CHARLES GRIGONJS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~
James Dinizio, Jr.
APPEAL NO.: 3815
PROJECT NAME: ALFRED FALKOWSKI
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.,
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permiss.ion to loca. te new principal building
in this C-1 General Industrial Zone District with an insufficient £rontyard
setback
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly knQwn as: 8595 Cox Lane and S/s Oregon Road, Cutchogue, NY
83-3-4.6
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
f App
Southold Town Board o eals
MAIN ROAD-STATE ROAD 25 SOUTHO ....
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN. JR.
JOSEPH H. SAWlCK[
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No.~
Matter of ALFRED FALKOWSKI for a Special Exceptio~ to the
Zoning Ordinance, Article IX, Section 100-90 for permission to
construct office building with storage upon this 6+- acre
parcel. Zone District: "C-i" General Industrial. Location of
Property: 8595 Cox Lane and the Southwest Corner of Oregon
Road, Cutchogue, NY; County Tax Map District 1000, Section 083,
Block 3, Lot 4.6.
WHEREAS, a public hearing was held on December 8, 1988
under File No. 3796, filed November 2, 1988; 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. By this application, applicants request a Special
Exception pursuant to the requirements of Article XI, Section
100-90B for permission to utilize proposed 12,000 sq. ft.
one-story building for office and storage use, as shown on the
plot plan prepared by Sambach Associates of October 4, 1988 (Job
#2988).
2. The subject premises is located along the (south)west
side of Cox Lane in the Hamlet of Cutchogue, Town of Southold,
contains a total acre of 6.09 acres (265,599 sq. ft.) and is
situated in the C-1 General Industrial Zone District.
2. The property is vacant land and is also referred to as
Lot No. 3 as shown on the Map of Minor Subdivision (~450)
approved by the Southold Town Planning Board during 1987.
3. For the record it is noted that by letters dated
Dece~ber 6 and 8, 1988, the Planning Board has coordinated its
comments under the pending site-plan review.
4. In considering this application, the Board has: (a)
considered items {a) through {1~ of the zoning code; (b)
determined the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent-use
districts; (c) determined the safety, health, welfare,
comfort, convenience, and order of the town will not be
adversely affected by the. proposed use and its location; (d)
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use
permitted by legislative action and will meet the requirements
of same under the zoning code, subject to site-plan action by
the Planning Board.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Special Exception for office and
storage use in the proposed 12,000 sq. ft. building, as applied
and referenced above, under the Application of ALFRED FALKOWSKI
under File No. 3796.
It was noted that the grant of this Special Exception does
not include a Variance for a front yard setback, which would be
necessary in the event the site plan is not modified to comply
with the Bulk Schedule of the Zoning Code for principal
structures in this Zone District.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki and Dinizio. (Member Doyen was absent due to serious
family illness.) This resolution was duly adopted.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~' the Petition of :
Alfred Falkowski Daval Tents & Pary :Services
:
to the Board of Appeals of the Town of Southold :
TO:
Kenneth Dickerson
Chestnut Road
Southold, NY 11971
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) (]~l~fExl~,e~?i~c(;~91~:~~ (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 8595 Cox Lane Southwest Corner Oregon Road, Cutchogue, NY 11935
3. That the property which is the subject of such Petition is located in the following zoning district:
Cl General Industrial District
4. That by such Petition, the undersigned will request the following relief:
50 foot setback instead of 150' setback
$. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article IX Sect/on 100-93
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
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 beard at such hearing.
Dated:January 10, 1989
Warren A. Sambach, Sr.
Petitioner
Owners'Names: Alfred Falkowski
PostO~iceAddress
P.~. Ro~ 1033 Cox Lane
Cutchoque, NY 11935
Tel. No. (516) 734-7492
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Notary pu'*'lr* '~tat~ of New Yor~
I.:.~ 2.J.4516792
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
, residing at
, being duly sworn, deposes and says that on the __ day
of ,19 , 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 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of ,19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHEILD, 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.
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.
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
List of Mailing
Notice of Hearings for 1/12/89
.Southold Town Board of Appeals
Copies to the following on or about January 3, 1989:
Environment East, Inc., 3075 Indian Neck Lane, Peconic,
11958 for Stephen and Donna Grzesik.
J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport,
NY 11944, for Anthony and Rosemary Bolletino.
Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952
Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028
Mr. and Mrs. William E. Park, Jr.
3500 Pine Neck Road, Southold, NY 11971
Mr. and Mrs. Gunther Stotzky
110 Bleecker Street, New York, NY 10012
Mr. Howard Tudisco, Gray Construction Corp.
(picked up in person on 1/3/89)
Mr. Howard Lucas, 437 Second Avenue East Northport, NY 11731
(by mail) '
Ms.
Terry S. Gingras, Office Manager, for P. & J. Steil
Metcalfe and Thorne, Inc., 150 Main Street, Northampton,
Massachusetts 01060
/Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY
11935 for Alfred Falkowski
Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971
as Attorney for:
/Ryck Koke
Doris Price Moeller Foster
Joseph and Betty Hardy
Karen J. Stretz, Esq. for William J. Baxter, Jr.
Wickham, Wickham & Bressler, P.C., Main Road
P.O. Box 1424, Mattituck, NY 11952
Richard F. Lark, Esq. for F.I. Utility Company, Inc.
Main Road, Box 973, Cutchogue, NY 11935
Suffolk Times, Inc.
L.I. Traveler-Watchman
Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board
ZBA Board Members (with file copies)
JUDITH T. TERRY
TOV/N CLERK
To:
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Southold Town Zoning Board of Appeals
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
From: Judith T. Terry, $outhold Town Clerk
Dated: December 20, 1988
Transmitted herewith is Zoning Appeal NO. 3815 , application of
Alfred Falkowski of Daval Tents& Party Services by Warren Sambach
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
Southold Town Clerk
QUESTIONNAIRE TO BE CO>IPLETND AND SUB~IITTEO
WITII YOUR APPL£CATION i"ORRS '['O '/'lie BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(ov certified sketch), to scale, and submit other supporting documenta-
tion.
Are there any proposals to change or alter land contours? Yes No
2.a)Are there any areas which Contain wetland grasses?
(Attached is a list of tile Wetland grasses defined by
Town Code, Ch. 97 fo~ your reference.)
b)Are there any areas open to a waterway without bulkhead?
Yes No
Yes No
Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes No
Are there any existing or proposed fences, concrete
barriers, decks, etc? Yes No
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
Yes No
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: ef 24 ft.
Yes NO
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. Yes No
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit ~ and Nature:
Yes No
9°
Do state whether or not applications are~pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board,
Town Board
Town Trustees
County Health Department
Village of Greenpor~
N.Y.S.D.E.C.
Other Buildinq Department
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
10.
Is premises pending a sale or conveyance?
If yes, please submit copy of names or pu~rchasers
and conditions of sale. (from cqntract)
Yes
No
ll.
Is new construction proposed in
at 5 feet or less as exists?
the area of contours
Yes
No
] 2.
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under.~he
requirements'o~ Ch. 97 of the Town Code?
Yes No
13. Please list present use or operations conducted upon the
subject property at this time Vacant some farminq
and proposed On~ ~nrv building, office and storage
Please submit photograp~ls-£or the ~ecord.
] certify that thc above statements are true and are being submitted for
zeliance by the Board of Appea}s in considering my application.
Alfred Falkowski ;~I~%~LU{~. /~tull.~.[~ .~U
S~gnature (Property Owner) (Authorized Agent)
Warren A. Sambach, Sr.
WETLANDs [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 )y L.L. No.
A. TIDAL WETLANDS:
(I) All land~ generally cove,-ed o~ in~rmittently
ered with, or which bortb.r on, tidal wa~zrs, or lands
lying- beneath tidal waters, which'at me;m low thio
are covered by tidal wa/er~ to a maximnm depth of
five ~5) feet, ineln,ling but not limited ~ banks,
bogs, salt marsh, swarnDs' mea~ ows flat~ or Other
Iow lying lands subject to tidal actiun:
(2) All banks, bogs. meadows, flats ami tidal marsh
: subject ~ such tides and upon which grows or may
grow some or any of the followinff: salt hay, bluck
grass, saltworm, sea lavender, toll cordzrass, high
bush, cattails, gronndsel, marshmallow and Iow
march cordgrass; and/or
(3) All land immediately adjncent to a tidal wetland as
defined in Subsection Al2} and lying within seven.
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. F~ESliWATER WETI,ANI)S:
(i) "Frcshwa~r wetlands" ~s defined in Article 2,1.
tie 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive.
of the Env~ronmen~l Conservation Law or the Sta~
of New York; and
(2)
All land immediately adjacent to a "freshwater xvet-
!and," as defined in Subsection B(1) and lying with.
m Seventy-five (75) feet landward of the most land.
ward edge of a "fi'eshwater wetland."
9705
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be compteted by Applicant or Project sponsor)
1. APPLICANT /SPONSOR 2, PROJECT NAME
Warren A. Sambach, Sr. Daval Tents & Party Services Inc.
3. PROJECT LOCATION:
Municipality TOW[/ of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
S/W/.U Cox Lane & Oregon Road
8595 Cox Lane
5. IS PROPOSED ACTION:
E~ New [] Expansion [] Modiflcatiorl/alteraUon
6. DESCRIBE FROJECT BRIEFLY;
Proposed one story building 60' x 200'
?, AMOUNT OF LAND AFFECTED;
Initially 1 . 3 7 acres Ultimately acres
8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICnONS?
E~LYeS [~ No If NO, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF P~OJEGT?
[] Residenl!al [] Industrial [~.Commercial ~ Agriculture [] Park/Forest/Open space [] Other
Describe:
tO. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes ~E] No If yes, list agency(s) and permillapprovals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIt OR APPROVAL?
[] Yes ~] No ' If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION?
~ CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
10-6-88
Warren A. Sambach, Sr. Date:
App~icanllsponso~ ,foG Alfred Falkowski (Daval Tent & Party Services Inc. )
S~gnature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on 'reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environalental review will be made by this board
before any action is taken.
INSTRUCTIONS:
(a) In order ~o answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessmeut Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not signiffcant.
'(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ~es X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X NO
3. Will project alter or have a larg(~ effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? Yes )f No
5. Will project significantly effect drainage flow
on adjacent sites? __Yes X NO
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X NO
8. Will project have a major effect on visual char-
acter o~ the community or scenic views or vistas
known to be important to the community? Yes ~No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologiDal
importance or any site designated as a critical
envircamental area by a local agency? Yes ~f No
10. Will project have a major effect on existing or
future recreational opportunities? Yes XNo
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? Yes ~ No
]2. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb- '
ance as a result of the project's operation? Yes .XNo
13. Will projeot have any impact on public health
5r safety? Yes X____No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes X No
period or have a major negative effect on the
charact~ of the community or neighborhood?
15. Is there public controversy concerning the
Representing: Alfred Falkowski 10-6-88
ZBA ~/75 Daval Tent & Party Services Inc.
DAVAL TENTS
& PARTY SERVICES, INC.
22 Jagger Lane. ~oufl~mplon. N.Y. 11968 (5161 283-8852
North Road [Rt. 481. Southold. N.Y. 11971 (516) 765-9212
Mailing Address: P.O. Box 184, Peconic. NY 11958
October 6, 1988
Town of Southold
Board of Zoning and Appeals
Town Hall
Southold, N. Y. 11971
To Whom it may concern;
This is
of P.O. Box 1033
on my behalf and
.[~0o
authorize Warren A. Sambach, Consulting Engineer,
Cox Lane, Cutchogue, B. y. 11935, to act
on behalf of Daval Tents & Party Services,
Sincerely,
A. O. Falkowski, Jr.~ :~::
President
YOUR COHPLETE PARTY SERVICE CENTER
,'diJ !']:iR
~13.00
U)220 lt,509
THLqlNDENTURE, made the 29th day of December , nin~meu hundred and eighty-s3, x ~
BET%V~-V,N I.EANDER B. GLOVER. JR., r(~siding at (no ~) Cox's Lane, ;
Cutchogue, New York '~ ,~:~.~ [~".~
party of the first paa, and ALFRED C.
Lane,, Southold, New York
FA,LKOWSKI ,
JR.,, r~siding, at (...no ~) Tu~ker's
party of the second part, ~ · .
WITI~|E.%S£TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release usto the party of the second part, the heirs ....
or successors and assigns o[ the par, ty of the second part lo,'ever, , :' ~ , ~ F- -
ALL that certain i)lot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and bein~yigXimx at Cutchog.ue., in tho:Town .of-~Southold, County of
Suffolk and State of New York, morq,,particularly bounded and described-
as follows: ....
BEGINNING at the corner formed by the intersection"of"the
southerly side of Oregon Road and the westerly side of Cox's Lane;
running thence South 59" 55' 31" East talon~ ~h,e,'we.~i;er].y side of
Cox's Lane 4~5.72~fee~ to ~h~el~t. sQf~hr~0~a~ ~'~n'~tthence
a]_ong said other land of t~e ]~a~ty 7h~e~o~lowing two courses and
distances: (1) South'30' 12' 50" West 55~9.~7,8 feet; and (2) North
59° 55' 31" Wes,t~513.96 feet to a point on the southerly'~side of
Oregon Road; 'running thence along the southerly side of Oregon Road
the following two, (2) courses and distances.' (1) North 60" 49' 44"
East 90.38 feet; and (2) North 29° 17'~ 16"'East 482.15 feet to the
corner, the point or place of BEGINNING.
BEING AND INTENDED TO BE part of the same premJ, ses conveyed
to the Darty of the first part by deed dated June 29, 1969 and
,.,recorded in the Suffolk County Clerk's Office on July 2,, 1969 in
Liber 6578 Page 147.
Premises are not subject ~o a Credit Line Mortgage.
TOGETIIER with all right, title and interest, ii any, of the party o[ tile first part in and to any streets and
roads abutting the above described premises to the center lines thereof;'~TOGETtiER with the~appurtenances
and all the estate and rights of the party of the first part in aod to ~id premises; TO HAVE AND TO
HOLD the premises herein granted unt~ the party of'tim second gart,'th~ heirs or successors and assigns of
the pa~y o[ the second part forever. : , , -
AND the party of the first ~ covenants tim; the ~rty of the first pa~ ~s not done or suffered anyflting
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the lX~rty
the first part will r~eive the consideration for this ~nveyance and will hold.the right to receive such consid-
era¥ion as a ~rust fund to be applied first for the put.se of paying the cost of fl~e improv~ent and will apply
the same first to the payment of the cost of the im~rovc~nent before ush~g'~y part of the total of the san~e for
an~ other purt~se.
The ~rd "lmrty' shall be construed as if it read "parties" whenever the seose of this indenture so requires,
IN W~N~ WH~OF~ tile ~rty of the first part has duly ~ecuted ~is deed the day and year first ~ve
written:
REAL ESTATE ,/
Leander B. G
-) (Jb JAN X 987.
SUFFOLK
COUN~
On the 29thdayof December 19 86 , befor~ me
personally came LEANDER B. GLOVER, dR.
to me known to be the individual, described in 'ami who
executed the foregoing instrument, and acknowledged i that
he executed the same.
~tary Public *'
WII.tI^M D. M00R[
~OTARY PUBLIC, State of,New York
No. 4832728
Qualified in Suffolk CounW
Commfssion Expires March 30, 1987
STATE OK NEW YORK, COUI~TY OK ss:
On the {lay of , hcfore me
personally came
to me known, who, being by me duly sworn, did depose ami
say that he resides at No.
that lie is the~''
the eorporatio~ described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed'
to said instrument is such corporate seal: that it was so
affixed hy order of the board of directors of said corpora-
tion, and that he signed h name therct~ by like order.
STATE OF NEI/V yORK, COUNTY OF ~:
On the day of 19 , befor,: ..:
)ersonally came
o me known to be the individual described in and
executed tbe foregoing instrument, and acknowledged
executed the same.
STATE OF NEW YORK, COUNTY OF ~.~:
On the day of 19 , before
i~crsonally came
tim subscribing witness to the foregoing instrument,
whom I am personally acqnainted, who, being hy me
sworn, did depose and say that he resides at No.
that lie knows
' ' to be the individual
described in and who executed the foregoing instrulm.,~t;
that he, said subscribing witness, was present and
execute the same; and that he, said
at the same time subscribed h name as witness ther,,t..
TITLE No.
LEANDER B. GLOVER, JR.
TO
ALFRED C. FALK0WSKI, JR.
TICOR TITUZ GUARANTEE
SECTION
IILOCK
LOT
COUNTY OR TOWN
TAX ~ILLING ADDRESS
Pachman & Oshrin, P.e.
366 Veterans.Memor.La.1 Highway
P.O. Box 273
Commack, New rock _~!725
ZiI, No
...... -" ......... c ...... c ..... ~ .~:: -- 08:5
~ ' L;~*' \~ ~TOWN OF SOUTHOLD PROPE
1000-~-76' - ..:1 ~. f ' -~-,*~-,,~-~a~* ....
r ', VILLAGE,,,,,.- . . J J COUNTY TAX MAP
~ LAND IMP. TOTAL DATE REMARKS:
"I z¢/1/ ,
--
· ,, ;. ~
.. .,
_ ?_ ,_/(/TOWN OF SOUTHOLD PROPERTY
STREET VILLAGE
S W, /TYPE OI~ BUILDINg,/
RES. /~ S~S, VL 'FA~} COAM. CB. /MISC. Mkt. Valu~
? ~ o-.,~
.... /17/1 -'
FA~7~'~ A~,. V~ ~a~'~' / /. t ~z,r'~_'~ / L ~,~
Swampland FRONTAGE ON WA~R
Brushland. ~/~C ~ )~ FRONTAGE ON ROAD
House Plot / ~ / ~ DEPTH
BULKH~D
To~ ~ ~*~ DOCK
~Meeting Date: Jan. 12, 1989 Appeal No. 3815
Members Absent, if any: Applicants: Alfred Falkowski
Relief requested and kocation:Locate new principal building in this C-1 General
Industrial Zone District with an insufficient frontyard setback
8595 Cox Lane & S/s OreGon Rd.
Cutchogue Charles Serge James Gerard Joseph
83-3-4.6 Grigonis Doyen Dinizio,Jr .Goehringer Sawicki
Resolution made by:
Seconded by:
( ) ( ) { ) ( ) ( )
{ ) ( ) ( ) ( ) (
ACT ION:
( ) Approve as applied
( ) Deny as applied
( ) Deny without prejudice
( ) Deny
(
( ) Subject to County Planning Referral
( ) Subject to Planning Board approval
( ) Subject to D.E.C.
Withdrawn SVithout Preiudice as requested
Approve with the following Conditions:
[U
[21
-[ 3]
[4]
(X)
NOTES:
[ ] This Variance is temporary for a maximum period
Special Exception criteria appli(of two years, EXCEPT
Prior application conditions applical[ ] where the proeosed subdivision has been
finalized by all agencies and the parcels
have been transferred by deed~ or other
legal conveyance to reflect the subdivi-
sion lines accordingly.
] a building
issued and
within this
permit has been properly
construction commenced
limited two-year period.
VOTE OF THE BOARD:
Ayes: ( ) CG ( ) SD
Nays: ( ) CG ( ) SD
Abstain: ( ) CC ( ) SD
Absent: ( ) CG ( ) SD
( ) RD ( ) GG ( ) JS
( ) RD ( ) GG ( ) JS
( ) RD ( ) GG ( ) JS
( ) RD ( ) GG ( ) JS
Resolution was passed: ( ) unanimously
Resolution was not passed: ( ).
This application was recessed until
( ) by majority vote
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
TO:
FROM:
RE:
DATE:
PLANNING BOARD OFFICE
~ ,- , ToWN OF SOUTHOLD
Zoning Board of Appeals
Planning Board
December Calendar
December 6, 1988
Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2
The Planning Board is not in favor of this proposal as it is
inconsistent with the proposed Master Plan which was adopted by
the Planning Board.
F.I. Utility Co. - ZBA Appl. No. 3797 SCTM#1000-6-5-3&5
The Planning Board recommends that the building envelope for Lot
No. 2 be designed so that it is setback at least 75 feet from
the wetlands.
The Board also is aware that this subdivision is to be for
affordable housing. The Board thus recommends that a Covenant
and Restriction be asked for which' states that this is to be for
affordable housing in perpetuity.
Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6
It is the Planning Board's opinion that Lot No. 6-5-12 was
merged with Lot No. 6-5-3. Research shows that both lots were
purchased in the same name (McCance). The Board thus requests
that the lot labeled as Assessor Map 6-5-12 be included in the
subdivision as Lot No. 4.
The Planning Board also requests that the lot line for Lot No.
be designed to allow for frontage on Cottage Place (please see
attached map). The west lot line for lot 6-5-12 should be
changed (see map) to allow for setbacks from the existing
garage.
3
A Appl. No. 3796SE
s not in favor of the variance. The site is
large enough to meet setbacks without a hardship. The granting
of the variance will set an unnecessary precedent in this area.
The surrounding properties are residential and this use should
be protected by adhering to yard setbacks in accordance with the
Town Code.
William J. Baxter - ZBA Appl. No. 3801
The Planning Board requests that all storage be inside, and that
no on site storage be allowed.
The Planning Board also requests that the number of employees
and uses of the building be described so as to calculate the
number of parking spaces.
Howard Luce (Lucas Ford) ZBA Appl. No. 3802
The Planning Board is requesting that the applicant use the same
material for all four sides of the building. Also, the gable
should continue around the rear of the building as it is visible
from CR 48 as well as from Horton~s Lane.
The Board is also requiring that the building be set back to
allow for a 75 foot buffer on Horton's Lane.
The Board also requests that parking be in the rear, and not in
the front or side of the building.
"~'"~_..~ COUNTY OF SUFFOLK I?~o, $OUTHOLD J ~c,~m
~,,~:~.~ R Property Tax Service
Agency~
,Legal Notices
NOTIC~ HEARINGS
NOT/CE'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
SOU'IHOLD TOWN BOARD OF
APPEALS at a Regular Meeting, at
the Southold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, JANUARy 12, 1989,
at thc foBow~ng tintas:
7:32 p.m. Appl. No. 3809 --
STP-,PHEN AND DONNA GRZESIIC
Variance to the Zoning Ordinance,
Article III, Section 100-31, for
erty: 62215 (309) North Road,
Cneenpert, NY; County Tax Map
District I000, Section 40, Block
suee(s) in ~hc frontyard area. Loca-
(#16705) Main Road, East Marion,
the Zeein80rdinmlee, Article I~
eny: Private Right-of-Way located
enue, Mattimck, NY; County Tax
Map District 1000, Section 112,
7:43 p.m. AppL No. 3816 --
Property: Westerly Side of Bennett
Lane and the South Side of Pine
7:48 p.m. Appl. No. 3820 --
Variance to the Zoning Ordinance,
Osprey Nest Road. Greenpert, NY;
SeaSon 35, Block 6, Lot 33.
HOWARD LUCAS/ALICE HUSSIE
lish car dealership (and sign) in
this B-I General Busi Zone
District Location of Jperty:
West Side of ltorton's Lane,
Southold, NY; County Tax Map
District 1000, Section 59, Block
3, Lot 32.1.
8:00 p.m. Appl. No. 3912 --
PETER AND IANICE STE/L Vari-
ance to the Zoning Ordinance, Ar-
ticle I~, Section 100-32 for per-
mission to locate accessory
swimmingpool in the frontyard
area. Location of Property: East
End Road. Fishers Island, NY;
County Tax Map District 1000,
.~et~i~wl 5, Block 2, Lot 7~
~ 8:03 p.m. Appl. No. 3815 --
ALFRED FALKOWSKI. Variance to
the Zoning Ordinance, Article IX,
Section 100-93, Bulk Schedule, for
permission to locale new principal
building in this C-I General
indusUial Zone District with an
insufflcieat ftontya~d setback. Lo-
cation of Property: 8595 Cox Lane
and Sooth Side of Oregon Road,
Cutchogue, NY; County Tax Map
District 1000, Section 83, Block
~,.~0t 4.6,
5 p.m. Appl. No. 3814
RYCK KOKE. Variance to the
Zoning Ordinance, Article HI,
Section 100-32 for approval of
accessory swimming pool with
fence enclosure in the sideyard
area. Location of Property: 245
Kimbeily Lane, Southold, NY;
Paradise By the Bay Subdivision
Lot No, 2; County Tax Map
District 1000, Section 70, Block
13, Lot 20.2.
8:10 p.m. Appl, No, 3806 --
DORIS PRICE MOE! J .~ FOSTER.
Variance to the Zoning Ordinance,
A~cle III, Section 100-31 for ap-
proval of insufficient lot width
(fro~tase) of proposed Parcel No.
1 in this pending Minor SulMiv~-
sion. Location of Property: West
Side of Little Neck Road,
Cutchogue, NY; County Tax Map
Distric~ 1000, Section 103, Block
9, Lot 13.
8:15 p.m. JOSEPH AND BETTY
HARDY. Location of Property:
South Side of Main Road, MattS-
mc.k, NY; County Tax Map District
1000, Section 114, Block 11, Lot
S:
(a) AppL No. 3747 -- Special
Exception to the Zoning Ordi-
nance, A~icle VH], Section 100-
80B, for permission to construct
wholesale storage building, acces-
sory to plumbing use; and
Co) Appl, No. 3746 -- Variance
to the Zoning Ordinance, Bulk
Schedule, Article V/SI, Section
100-81, for pennissinn to con-
street whole, sale storage building
for plumbing business use.
8:25 p.m. Appl. No. 3810 --
Exception to the Zoning Ordi-
nance, Article XHI, Section 100-
Special Excep~ofl to the Zeeing ~OB for permission to u61ize ex-
,00.70a for pomuuinn to estab- - asiem-bly a~a hi~uTict~ oT'c~;:"
sic cars tn this "C-Light Indus-
trial" Zone District. Location of
Property: North Side Main Road
and West Side Elijah's Lane,
Mattituck, NY; Proposed Lot No.
I as shown on Map dated October
12, 1988; County Tax Map
District 1000, Section 108, Block
4, LOt 10.
8:30 p.m. AppL No. 3797 --
FISHERS ISLAND UTILITY COM-
PANY, INC. Variances to the
Zoning Ordinance, Article
Section 100-31, for approval of
insufficient area of two proposed
parcels in this pending division of
land. Location of Property: West
Side of Crescent Avenue and North
Side of Central Avenue, Fishers
Island, NY; County Tax Map
District 1000. Section 6, Block 6,
Lot 20.4.
The Board of Appeals will at
said time and place hear any and
all persons or representatives de-
siting to be heard in each of the
above matters, Written comments
may also be submitted prior to the
conclusion of tbe subject hearing.
Each heating will not start before
the time allotted. For more infor-
mation, please call 765-1809.
Dated: January 3, 1989.
BY ORDER
OF THE SOUTHOLD
TOWN BOARD OF APPEAI~
GERARD p. GOEHRINGER
6162-1J5
SS:
ntento of Mattituck, In
sworn, says that he/she is Principal
LK TIMES, a Weekly Newspaper,
In the Town of Southold, County of
ew York~ and that tho Notice of. which
copy, has been regularly published in
:e each week for 1 weeks
mncing on the ~ day of
89 / '. ~
Principal Clerk
__ 1~2 * '
B[~ ~al~ /'--~ NOTARY PUbLiC Stats
/ ~.~ Suffolk County ~u
NOTICE OF HEARINGS
NOTICE 1S HEREBY
267 of file Town Law and the
Code ol file Town of Sotflhold,
thc lollowing hearings ~xill be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
al a Regular Meeting, al the
Southold Town Hall, Main
Road, Soulhold, N.Y. 11971, oa
THURSDAY, JANUARY 12,
1989, at lhe following limes:
7:32 p.m. Appl. No. 3809~
STEPHEN AND DONNA
GRZESIK. Variance to the Zon-
ing Ordinance. Article Ill, bec-
lion 100-31, t'(n permission to
cons[ruer addition Io dwelling
~ilh an insufficient rearyard set-
back. Location of ProperD~:
62215 009) North Road, Green-
poi'l, N.~; County Tax Map Dis-
lricl 1000, Section 40, Block 1,
Lot 3.
7:35 p.m. Appl. No. 3810~
ANTHONY AND ROSE-
~&RY BOkLETINO. Variance
ting Ordinance, Ard-
c. Section 100-32 for per-
mi~ .on Io locate accessory ten-
nis court, swimming pool, and
I~nce enclosme(s) in the hom-
.~ard area. Locadon of Proper-
t>: Norlh Side {~16705} Main
Road, East Marion, N,~.; Coun-
t> Tax Map Disuict I000, Sec-
lion 23, Block I. Lot 14.6.
7:38 p.n~ App[ No. 3817~
DORIS K, BROWN. Variance
to Ihe Zmfing Ordinance. Ar*l*
_ cie Ill. Seclion 100-32 for per-
mission to locate accessory
building in the fromyard area.
Location of Property: Private
Right-of-Way Iocmed off the
north side of Bergen Avenue,
Ma~imck, N.Y.; County Tax
Map District I~, Section 112,
Block I, Lot 17.
7:43 p,m. Appl. No, 3816~
WILLIAM AND THERESA
PARK, Variance to the Zoning
Ordinance, Article Ill, Section
1~-32, for approval of addition
to accessory building with insuf-
ficient setbacks from pro~rty
lines. Location of Property:
Westerly side of Bennett Lane
and the South side of Pine Neck
Road, Sout.hol~?_N.y.; C~
AtFRED i r~ning ordi-~t
nde, Article IX,
na .. o~hcdule, for pcp[ [
100-93, Bull >u. -~w ~rincipal} [
mission to Io?t.} u~ IV~en~ra~ ~
building m traX:orr ct~itha~ [
Lane and Soum a NN.[5~5~' ....
I- Cutchogue, ~
ax MaP Districl b
[ t~ T 83, Block 3, Lot 4Jb3~~
~nq nm APPI' No. -~e ~
? - 1~-32 for apprO~m o. [
Lot 20.2
m APP1' No, 3806~
~TER Variant ,,
~U~rdi~ance, Article h.,, [ in-
mg ~ 3/ for aPProval m. of
ion ~ - .nth {frontagel
sufficient ~ot w~ No 1 in this
sed parcm ·
prop~ Minor subdw~stgn'
pend?~ 4 property: West
COUNTY OF SUFFOLK
STATE 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 each week for ...................... f .... weeks
successively, commencing on the .......... ~ .........
d/'-') o~'
ay of../.~....-'~-~.. ...... ,19.. r(.
Sworn to before me this .......... .,~..~..2~. ..... day of
..... .......
Notary Public
., F:ARA A, SCHNEIDER
t.0TA. , B,C, S ate o~ New York
Nu. 48013M6
..... :uh01k Counly /
p 823 959 622,
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
No Buffalo Avenue
Receipt showing
whom and Date Oehvered
ITHOLD
~outhold
NOTICE
TO
ADJACENT
PROPERTY OWNER
NOTICE:
idersigned to petition the Board of Appeals of the Town of $outhold
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribedasfollows:Rsq5 c'c~ T,Rn~, Southwest Corner Oreqon Roade Cutchoque, NY 11935
District 1000 Section 083 Block o3.0 Lot 004.06
3. ]'hat the property which is the subject of such Petition is located in the following zoning district:
C 1 General Industrial District
4. That by such Petition, the undersigned will request the following relief:
Front yard setback
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare A~t'ic].e TX SecLLon 100-93
E ] Section 280-A, Hew 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 Southoid Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (5]_6) 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:
Warren A. Sambach, Sr. P.E.
Petitioner
Owners'Names: Alfred Falkowski
PostO~Jce Address
P.O. Box 1033 Cox Lane
Cutchoque, NY 11935
Tel. No. (516)734-7492
[Copy of sketch or plan showing proposal to be attached for convenience
purposes,]
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATEOFNEW YORK)
COUNTYOFSUFFOLK)
Warren A. Sambach, Sr. , residing at POBOX 1033 Cox Lane
Cutchogue, NY 1193b , being duly sworn, deposes and says that on the 1§ day
of December ,1988 , 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 $outhoid; that said Notices were mailed at the United States Post Of-
rice at C~]t. chng~o. NY 119~5 ;thatsaid Nolices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 2'3
da-%L.of December ._, 19 88
Notary Public
WARREN A. SAM~ACH JR.
Notary Public. Stat,~ of New Yo~II
N,~. 30.4516792
Quahhed in Nassau County
Commissioa Expires March 30, 19_~..~
(This side does not have to be completed on form transmitted to adjoining
property owners.)
P 823 959 ~27
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
oseph Drowski
s"ee~9~[9 Laurelwood Dr.
P O State and ZiP Code
Laurel, NY 1948
Cedihed Fee ,~ ~,~
Spectal Oehvery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
THOLD
Southold :
NOTICE
TO
ADJACENT
PROPERTY OWNER
NOTICE:
ndersigned to petition the Board of Appeals of the Town of Southold
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows- 8595 Cox Lane Southwest Corner Oregon Road, Cutchocj'ue, NY :L1935
District I000 Section 083 Block 03.0 Lot 004.06
3.That~hepr~pertywhichisthesubjec~~fsu~hPetiti~nis~~catedinthef~H~wingz~~ingdistri~t:
C 1 General Industrial District
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:
front yard setback
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed arc Article IX Section 100-93
[ ] 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 theSouthold Town Clerk's Office at Main Road Southold, New York and you ma}, then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
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: "- ~, ~ ~ ~'r P ~'
Warren A. Sambach, Sr. P.E.
Petitioner
Owners'Names: Alfred Falkowski
PostOfficeAddress
P.O. Box 1033 Cox Lane
CutchQgue, NY 11935
Tel. No. { 516) 734 7492
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILINC~ OF NOTICE
ATTACH CERTIFIED Mu%IL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
Warren A. Sambach, Sr. P.E.,residingatPO Box 1033 Cox Lane
Cutcho§ue, NY 11935 , being duly sworn, deposes and says that on the 19day
of December . 1988 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at f~ut c1~ ..... Ktv 1 ~ Q~ ~ ; that said Notices were mailed to each of said persons by
(certWted) (registered) mad.
Sworn to before me this 2~
day or, December . 19 88
Notary Public m '
WARREN A. SAMBACH JR.
Notary Public, Stat~ of New York
N,). 30-4516792
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter oT the Petition of
to the Board of Appeals of the Town of Southold
TO:Donald J. Grim
475 Jernick Lane
Southold, NY 11971
NOTICE
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)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 8595 Cox Lane Southwest corner 0reqon Road, Cutchoque, NY 11935
3. That the property which is the subject of suc.h Petition is located in the following zoning district:
C1 General Industrial Distrlct
4. That by such Petition, the undersigned will request the following relief:
~0 foo~ setback in_=te~d of 150' setback
$. That the provisions of the $outhold Town Zonin~Code applicable to the relief sought by the under-
signed are .~L~tJ.c'le TX Section 100-93
I' ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (5'16) 765-].809.
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 p.rior 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: December 21, 1988
Warren A. Sambach
Petitioner
Owners'Names:Alfred Falkowski
PostOffice Address
P.O. Box 1033 Cox Lane
Cutchogue. NY 11935
Te]. No. ( 516 ) 734-7492
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTI~'F
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 823 959 630
RECEIPT FOR CERTIFIED MAIL
NO iNSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Donald J. Grim
Street and NO
475 Jernick Lan~
.qo]]t-.hold , NY 197l
Postage
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
Warren A. Sambach, Sr. , residing at P.O. Box 1033 Cox Lane
Cutcho~ue, NY 11935 , being duly sworn, deposes and says that on the21 day
of 1~r~rnh~r ,19 88 , 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 $oulhold; that said Notices were mailed at the United States Post Of-
rice at P.u ~.choque ; that said Notices were mailed to each of said persons by
(certified) (registered) mail. /~LLL/,U ~'[
Sworn to before me this 21
day,f~. f of)~ VY'~.~-~ ~C'~t~ J.,~u~[ December . , 1988
Notary Public
WARREN A. SAMBACH JR.
Hotary Public, stere of New Yore
No. 30.4516792
(This side does not have to be completed on form transmitted to adjoining
property owners.)
.!
0 ~;~6, o
,t
,
¸rL
¢ ~, ~'o"
· ou'roHO.-GL!E
,rF
F,L, 0 0 R
5 T 0 R-iA ~ ~
P L A,N