HomeMy WebLinkAbout3511
Southold Town Board of Appeals
~AIN I~AD- BTATE I~nAD ~5 Sl3UTHnLD, L.I., N.Y. 11~J71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 35]]
Application Dated May ]4, ]986
TO:
Mr. David E. Kapell, President
KAPELL REAL'ESTATE INC. and LIMPET CORP.
400 Front Street,' 'B'o'x 463
Greenport, NY 11944
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on April 23, 1987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for VarianceSto the Zoning Ordinance
Article III , Section ]00-3], Bulk Schedule
[ ] Request for
Application of KAPELL REAL ESTATE INC. and LIMPET CORP. for
Variances to the Zoning Ordinance, Article IIr, Section 100-31,
Bulk Schedule, for approval of insufficient: (1) lot area, (2)
lot width, (3) lot depth, of two parcels in this pending division
of land. Location of Property: Linnet Street and Brown Street,
Greenport; Greenport Driving Park Map, Lots 16 and 65; County
Tax Map District 1000, Section 48, Block 3, Lot 25.1.
WHEREAS, a public hearing was held and concluded on March 5,
1987 in the Matter of the Application of KAPELL REAL ESTATE INC.
and LIMPET CORP. under Application No. 3511; and
WHEREAS, at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is referred to as Lots ]6 and 65
as shown on "Map of Property of Greenport Driving Park," filed
December l, 1909 as Map No. 369, and is more particularly shown
on the Suffolk County Tax Maps as District lO00, Section 48, Block
3, Lot 25.1.
2. The entire premises as exists contains a total area of
11,256 sq~ ft., lot depth of 225.14 feet, and 50 ft. lot
width. The premises is presently vacant.
3. By this application, appellants request area variances
for approval of (a) insufficient lot area of 5,628 sq. ft., lot
depth of 112.55 feet, and lot width of 50 feet of proposed Lot
(CONTINUED ON PAGE TWO)
DATED: April 23, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3511
Matter of KAPELL REAL ESTATE & LIMPET CORP.
Decision Rendered April 23, 1987
B; and (b) insufficient lot area of 5,628 sq. ft., lot depth
of 112.55 feet, and lot width of 50 feet of proposed Lot A, as
more particularly shown on map prepared by Roderick VanTuyl,
P.C. amended May 1, 1986.
4. Submitted for the record is a copy of the January 13,
1987 approval from the Suffolk County Department of Health
Services and letter dated August 5, 1986, from the Superintendent
of Public Utilities of the Village of Greenport authQrizing
conditionally hook-up for Lot #1.6. .It is the understanding of
the Board that water services are available along Linnett Street
for proposed Lot A (#65), and that water service is available
to proposed Lot B (#16) along Brown Street.
5. Fo~ the record it is noted that
pending at this time before the Southold
for subdivision set-off approval.
an application is
Town Planning Board
6. Article III, Section lO0-31, Bulk Schedule of the
Zoning Code requires a minimum lot area of 80,000 sq. ft.,
minimum lot width of 175 feet, and minimum lot depth of 250
feet.
7. The amount of relief requested from the lot area
requirements is 74,3~2 sq. ft., or a percentage of 92.5%.
8. It is the understanding of the Board that the subject
premises was not held in single and separate ownership,
although the lots are shown as Lots 65 and 16 on the 1909
Subdivision Map of "Greenport Driving Park." It is also
our understanding that to date, no subdivision or set-off
approvals have been rendered by the Southold Town Planning
Board.
9. In viewing the immediate area, the Board finds that
the following Lots as shown on the "Map of Greenport Driving
Park" in the immediate vicinity of the subject premises do
not appear to have been "held in single and separate ownership
prior to November 23, 1971 and thereafter" as required by
Article III, Section lO0-31(A) of the Zoning Code: (a)
Lots 67 and 66; (b) Lots 64, 63, 62, 61 and 18; (c) Lots
60, 59, 26, and 28; (d) Lots 30 and 32; (e) Lots 42, 43
and 44; (f) Lots 40 and 41; (g) Lots 7 and 8; (h) Lots
71 and 72; (i) Lots 54 and 55; (j) Lots 48, 49 and 50;
(k) Lots 1 and 2; (1) Lots ll, 13 and 15; (m) Lots 17,
19 and 21; (n) Lots 28, 25, 27, 29 and 31.
10. It has been held by the Courts (VanDusen v. Jackson,
35 AD2d 58) that a Board of Appeals cannot under the semblance
of a variance exercise legislative powers. It is apparent
that the variances requested are substantial with respect to
lot area, lot width, and lot depth, and would in effect
establish a zone district completely at odds with all other
zone districts provided for in the zoning code and zoning
map. This board does not believe that it has the authority
to create new zoning districts under the guise of a variance.
ll. It is the consensus of the Board that this and other
similar subdivisions created prior to the enactment of zoning
in 1957 could be included in the "Exceptions" List of the
Page 3 - Appeal No. 3511
Matter of KAPELL REAL ESTATE
& LIMPET CORP.
Decision Rendered April 23, 1987
Zoning Code alternatively.
NOW, THEREFORE, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, that it is the determination of
it is without jurisdiction to grant the relief
and the appeal is therefore DENIED.
this Board that
as requested,
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk
:' .CEIVED AND FII, .D BY
i'14E SOUTHOLD TOWN
GERARD P. aOE~'RIN
· CHAIRMAN
/
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
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY
at a Regular Meeting, THURSDAY, MARCH 5~ 1987 at the following
times:
7:35 p.m. Appeal No. 3590 - THOMAS AND CATHERINE ZIMMERMAN
(Recessed from 2/5/8~). Addition to nonconforming dwelling
structure exceeding 50% of fair value. 265 Rochelle Place,
Mattituck, NY; 1000-144-04-9 & 8.
7:40 p.m. Appeal No. 3603 - JAMES CROSS. Variance %o the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for ~approval of insufficient lot area (78,408 sq. ft.) of
parcel proposed to be set-off in this pending division of
land. Location of Property: North Side of Main Road,
Cutchogue, NY; County Tax Map District 1000, Section 109,
Block l, Lot-8.5.
7:45 p.m. Appl. No. 3610 - CAROL A. BARTHOLOMEW. Special
Exception to the Zoning Ordinance for permission to establish
"Bed and Breakfast" use, incidential and subordinate to the
proposed single-family dwelling use, i~ accordance with the
requirements of Article III, Section 100-30(B)[16]. Location
of Property: 7015 Wickham Avenue, Mattituck, NY; County Tax
Map District 1000, Section 107, Block 5, Lot 4.
7:50 p.m. Appeal No. 3612 - PHILIP AND ELLEN BELLOMO.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition at rear of dwelling with
an insufficient setback from wetlands along Great Pond at 7455
Soundview Avenue, Southold, NY; County Tax Map District 1000,
Section 59, Block 6, Lot 8.
B:O0 p.m.
LIMPET CORP.
Section
(1) lot
in this
Linett
Map, Lots 16
48, Block 3,
Appeal No. 3511 KAPELL REAL ESTATE INC. and
Variances to the Zoning Ordinance, Article III,
lO0-31, Bulk Schedule for approval of insufficient
area, (2) lot width, (3) lot depth of two parcels
pending division of land. Location of Property:
and Brown Streets, Greenport; Greenport Driving Park
and 65; County Tax Map District lO00, Section
Lot 25.1.
Pag~ 2 - Notice of Hearings
Southold Town Board of Appeals
R~gular Meeting - March 5, 1987
8:05 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR.
to the Zoning Ordinance, Article XI, Section lO0-112(I)
mission to utilize subject premises for a paved parking
the employees of Mullen Motors, an established business
Variance
for per-
area for
abutting
this parcel along the north side. Zone Districts: Partly "A"
Residential and Agricultural and "B-I" General Business. Location
of Property: East Side of Cottage Place, Southold, NY; County
Tax Map District lO00, Section 62, Block 3, Lot 19.
8:10 p.m. Appeal No. 3592 8ENTE SNELLENBURG. Variances
to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B)
for appr6val of eight-foot height of fencing along the easterly
property line a length of 72± feet; (2) XII, Section lO0-141,
Appea.Jing the November 6, 1986 OPder to Remedy Violation which
mandates a building permit-for new'fencing along the easterly
property line. Location of Property: Private right-of-way
extending off of the east side of South Harbor Road known as
Private Road No. 10, or Old Woods Path, Southold, NY; County
Tax Map Parcel No. 1000-87-2-21.
8:20 p.m. Appeal No. 3611 - RAYMOND AND ELEANOR KERESTER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule for approval of insufficient lot width of three
parcels,'ea~h'c6ntaining 4.6± acres; in this pending minor
subdivision. Location of Property: West side of Paradise
Point Road and north side of North Bayview Road, Southold, NY;
County Tax Map Parcel No. 1000-81-1-25.
The Board of Appeals will hear at said time and place all
persons or representatives dQsiring to be heard in each of the
above matters. Each hearing will not start before the time
allotted. Written comments may be submitted prior to the
conclusion of the subject hearing. For more information, please
call 765-1809.
Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF A~PEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To..~..~-~. ~.~.~.
PLEASE TAKE NOTICE that your application dated ......
for pe~it to ~t ............ - ................................................
Location of Property .............
Hou~ No. Street
County Tax Map No. 1000 Section .... ~ ~ .~ .... Block .... ~ .~ ...... ~t . .~ ~. .......
Subdivision .~~~: .~ ~iled Map No ...... ~ ~ ~ ...... Lot No .... ~ ~ ..........
is retu~ed herewith and disapproved on the follow~g grounds. ~ ~.~.. ~ ~ ~.~.~ ~. o
.................... ~..~..% ........... ~ .......
.~. ~..¢.~..z ~ :.,.t..~ ,. ~.,. ~. ~.~ ~ ........
................................
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
tlAY
~ ~1~11'~1~ FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 3~x-)/
DATE ....:. ,~Lv...7...,...!.9.~.6
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Kapell REa] Estate, Inc.
1, (We)L. impe.%..Cor.~ .............................................. of ..~.Q.Q..F. LQll.t..~.I;F.e~.I;...P.....Q.,...B..o..x....4..~.~ .................
Name of Appellant Street and Number
Municipality
............................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...........~I.V..~ ....... 1.9~ ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Kape]] Rea! Estate, Inc.
k LmP. et ..Co.r.p. ............................................................
Name of Applicant for permit
of
4..Q.Q., ,.F.r..9.O.i;...$.l;.r..e.e.1;.. P.., .0,....Br)x...4.63.....Gr. een4o~r..t ................ ~..¥ ..... .1.19.4.4 .............
Street and Number Municipality State
( ) PERMIT TO USE
(X) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..]]~.~)wll..S.~r.e.e.t.,...~.r.e.eJ3j~.o.ct ........
Street Use District on Zoning Map
............ .3.§.9. ................................... 16..&..65 ................ Current Owner
Map No. Lot No,
Applicant
2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordi.nance.)
Artlcle TIT R¢ct. inn lnn-~n-A(~)
3. TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~X~Y6) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ................................................. : ....................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
X) A Variance to the Zoning O~inance
)
is requested for the reason that applicant wishes to redivide two merged lots which
merged due to common ownership over many years.
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultieso~lll~ll~l~l~l
sary HARDSHIP because applicant wishes to reseparate two existing lots which have
merged due to continuous like ownership for many years. The lots which will re-
sult from a reseparation will be similar to the majority of lots in the area.
Both lots have frontage on separate streets. Strict application of the ordinance
will deny the applicant full enjoyment and value of his property in spite of
the genera] conformity of the proposed use with the character of the area.
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 most 10ts in the area are smaller
than the applicant's merged tot; most lots in the area are identicat to the ap-
plicant's proposed lots; very few lots in the area run from street through to
the next street as does the applicant's merged lot.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the use wiI] be in harmony with and promote the general
purposes of the Zoning 0rdinance and the use wil! not prevent the orderly and
reasonable use of adjacent properties. The safety, health, we]fare comfort and
convenience and the order of the Town will not be adversely affected by the pro-
posed use and its location. The character of the district ls similar to the ap-
plicant's proposed use.
STATE OF NEW YORK
COUNTY OF Suffolk
Sworn to this .............................................. day of .......................... Nay.: ....................... 1986
.... '"?' ........ ~otary Public .........
~ ~ March ~,
~/~'~ = Y' ~-.~-.2~,/TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
FOR3~ER OWNER
RE.
LAND
STREET VI LLAGE
N
S
TOTAL
;4o0
SEAS. VI-
IMP.
NORMAL
Acre
/vi ~'1 0
FARM
DATE
AGE BUILDING CONDITION
NEW BELOW ABOVE
FARM Value Per Value
Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
E (/ J
W
COMM. CB. MISC. Mkt. Value
TYPE OF BUILDING
Swampland
Brushlond
House Plot
Total
FRONTAGE ON WATER
FRONTAGE ON ROAD
I DEPTH
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11=J71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
May 4, 1987
Mr. David E. Kapell
400 Front Street
P.O. Box 463
Greenport, NY 11944
Re: Appeal No. 3511 Kapell Real Estate and Limpet Corp.
Dear Dave:
Transmitted herewith for your records is a copy of
the recent findings and determination rendered in the
above matter at our April 23, 1987 Regular Meeting.
The original of same has simultaneously herewith
been filed with the Office of the Town Clerk accordingly.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Kowalski
By Linda
Enclosure
Copy of Decision to
Planning Board
Building Department
Suffolk County Planning Commission
KAPELL REAL ESTATE, INC.
400 Front Street
Greenport, New York 11944
516-477-9403
Mr. Gerard Goehringer, Chairman
Zoning Board of Appeals
Town of Southold
Main Road
Southold, N.Y. 11971
May 7, 1986
Dear Gerry:
I enclose, herewith, my application for a variance to reseparate two mer-
ged lots in the Greenport Driving Park subdivision.
Please be advised that both of the proposed Iots will be served by Village
of Greenport water and sewer services. The lot on Linnett Street (#65) will be
served by the water and sewer mains currently located in Linnett Street. The
lot on Brown Street (#16) wi1! be served by the water main in Brown Street and
a sewer line will be installed over an easement accross lot #65 to connect with
the sewer main in Linnett Street.
Thankyou for your help in this matter.
Sincerely,
~ /
David E. Kapell
Pres.
"~ blAP
:N.\TION
1000
348.00
03.00
025.001
April , nine}ecu hundred ' d Eighty-six
nETWi:-~N JOSEPH CRENSHAW, residing at 10725 'Sound Avenue,
Mattituck, New Yo=k 11952
partyofthefirst part,~d KAPELL REAL ESTATE, INC., a domestic corporation
its principal place of business at 400 Front Street, Greenport, New
York 1194~ and LIMPET CORP., a domestic corporation with its princi
place of business at 218 Front Street, Greenport, New York 11944
party of the second paR,
wrrNF..~TH, that the party of the first part, in consideration of Ten Dollars aud other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvement~ thereon orected, situate,
lying and being=i=,~ at Greenport, Town ot5 Sou:hold, County o15 Su1515olk and
State of New York, map known as "Plan of Property of Greenpor~ Drivir~
.Park", and filed December 1, 1909 as Map No. 369 as and by Lot No.
16 and No. 65.
BEING AND INTENDED TO BE the same premises as conveyed to Joseph
Crenshaw, the Grantor herein, by deed of Eugene Mazzaferro dated
June 20, 1973 and'recorded in the Suffolk County Clerk's Office on
Uune 21, 1973 in Liber 7423 of Deeds, at Page 539.
SUBJE~T to the rights of others to that portion of blacktop driveway
shown on northwest corner of the above described premises as shown
on survey by Roderick Van Tuyl, dated 3/6/86.
The subject premises are not encumbered by a credit line mort_gage.
.) RECEIVED ~,
$ .......... ~..f.~..o..~.
REAL ESTATE
APR 4 1986
I TRANSFERTAX
[ SUFFOLK
" COUNTY
TOGI?I III~.R with all right title and interest, if any, of the party o[ the first Imrt in aud to auy streets and
r.ads abut}lug the above described premises to the center lines thereof; TOGETIIER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO }lAVE AND TO
HOLD thc premises herein granted unto the party of the secoud part, the heirs or successors and assigos of
the party of the secoud part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby tile said premises have been encumbered i, any way whatever, except as aforesaid.
AND the [ratty of the first part, i,, compliance with Section 13 of the Lien Law. covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eratlon as a trust fnnd to be applied first ior tile purt×)se of paying the cost of ti~e improvement and will apply
the same first to file lmyment of the cost of the improvement lick, re using any part of tile total of the 5tune
any other purpose.
The xwrd "party" shall he construed a~ if it read 'p r 'cs' wheucver the sense of this indenture so requires.
IN wrrNE.~ WI-IEREOF, the party of the first part ha5 duly executed this deed the day and year first above
written.
IN PRE~£NCg OF:
,JOSEPH CRENSHAW
Southold Town Board of Appeals
MAIN ROAD- BTATE RnAD 25 CJlJUTHIJLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS March 5r 1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S · E. Q. m.A.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICK[
Notice of Determination of Non-Significance
APPEAL NO.: 3511
PROJECT NAME: KAPELL REAL ESTATE INC. and LIMPET CORP.
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.
(1)
TYPE OF ACTION: "[X] Type II [
DESCRIPTION OF ACTION: Pending division of
lot area, (2) lot width, (3) lot depth
particularly known as:
1000-48-3-25.1
] Unlisted [ ]
land with insufficient
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
Linett and Brown Streets, ~reenport, NY
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 not directly related to new construction
as regulated by Section 617.13 for a lot-line or area variance.
FOR FURTHER INFORMATION~ PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals, Town }[all, 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.
Mr. Gerard P. Goehringer
Chairman
Southold Town Board of Appeals
Main Road
Southold, N.Y. 11971
May 12, 1986
Dear Mr. Goehringer:
I am the president of Frank A. Field Realty, Inc. which is the owner of
property located on Brown Street in the Greenport Driving Park.
We have received notice that the owners of property adjoining ours, Kapell
Rea! Estate, Inc. and Limpet Corp., have applied for a var!ance to redivide
their property into two lots as it has been in the past.
We would like to voice our support for this application and urge the
Zoning Board to approve same. Approval would increase the supply of smaller
lots which would be affordable to buyers who cannot afford two acre Iotso and
the lots created will be consistent w!th most other lots in the area.
Sincerely,
Frank A. Field
516-477-9403
Mr. Gerard Goehringer, Chairman
Zoning Board of Appeals
Town of Southold
Main Road
Southold, N.Y. 11971
August 8, 1986
Dear Mr. Chairman:
With reference to Appeal number 3511 of Kapel! Real Estate, Inc. and Limpet
Corp. I enclose, herewith, a letter from the Village of Greenport confirming
the avaiIabi!ity of sewer serv!ce to proposed lot B as shown on our map. Lot B
is a!so entitled to water service in that a water main exists in Brown Street
and it is VilIage of Greenport pol!cy to hook up ail single family homes adja-
cent to existing mains. Proposed lot A ~s iocated en Linnett Street where both
water and sewer mains exist and is therefore entitled to both water and sewer
service.
I have been informed by the Hea]th Department that our application to them
can be expected to be approved due to the fact that both ]ots wi!1 be served by
p~blic water and sewer. However, their office is extreme]y busy and even a rou-
tine review will take several weeks.
I also received a copy of the reccomendation to your Board from the Plan-
ning Board wherein they acknowledge that the proposed Iots are in fact existing
merged lots.
In light of the above, I ask that the Zoning Board proceed to schedule a
public hearing on this appIicat~on while we simultaneously apply to the Health
Department under Article VI.
Thankyou for your consideration of this request.
S~vS~ectfully'
d E. Kapel!
MAYOR
GEORGE W. HUBBARD
TRUSTEES
JEANNE M COOPER
(;AIL F HORTON
DAVID E. KAPELL
WILLIAMH LIEBLEIN
SUPT OF UTILITIES
JAMES I. MONSELL
llaye o/', t'eenloor,
236 TItIRD STREET
GREENPORT. SUFFOLK COUNTY
NEW YORK 11944
UTILITY OFFICE TEL.
(516) 477-1748
POWER PLANT TEl...
(516) 477-0172
August 5, 1986
Mr. David Kapell
Real Estate Office
Front Street
Greenport, N. Y. 11944
Dear Mr. Kapell,
The request of Fanny Rodriquez for water and sewer service on a
lot on Brown Street by way of an easement from Linnett Street was
studied by the Utility Committee on May 28, 1986 and they recommended
a favorable action.
The Village Board of Trustees at their meeting on June 18, ]986
passed the following, "to authorize the Sewer Department to put in
a sewer service line for Mrs. Fannie Rodriquez at 16 Brown Street,
providing she qualifies with ali rules and regulations of the Sewer
Department, provides an easement and pays the upfront money."
If I can be of further service, please contact me.
James I Monsell ~
~-///Superintendent o~ Public Utilities
JIM:Ikm
S~TY
$outhold, N.Y. 11971
(516) 765-1938
June 12, 1986
Mr. David Kapell
P.O. Box 463
Greenport, NY 11944
Re: Set off for
Kapell Real Estate and Limpet Corp.
Dear Mr. Kapell:
The ~ollowing action was taken by the Southold Tow~
Planning Board, Monday, June 9, 1986.
RESOLVED that the Southold Town Planning Board ref~
the following comments to the Board of Appeals with regard
to the set-off for Kapell Real Estate and Limpet Corp
located at Linnet and Brown Streets, Greenport:
1. It appears that the lots have become merged, however,
the Planning Board cannot endorse this set off since the
lots are less than the 80,000 square foot requirement.
Please contact this office if you have any questions.
Very truly yours,
/cc
Board of Appeals
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Z.B.A. PUBLIC HEARING
REGULAR MEETING - MARCH 5, 1987
MATTER OF KAPELL REAL ESTATE - APPL. #3511
Matter of Appeal No. 3511 KAPELL REAL ESTATE INC. and LIMPET
CORP. for Variances: (1) for insufficient lot area; (2) insuffi-
cient lot width, (3) insufficient lot depth. Two proposed parcels.
Linnett and Brown Streets, Greenport Driving Park.
The Chairman opened the hearing at 8:00 p.m. and read the
legal notice of hearing and appeal application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey dated March 6, 1986
indicating Parcel A of 5,628 sq. ft., which is Lot #65 and Parcel B
which is Lot #16 of 5,628 sq. ft. Lot A is on Linnett Street and
Lot B is on Brown Street.
SECRETARY: There is a survey with the building envelope.
CHAIRMAN: Thank you. It is my understanding that both of these
lots will be served or supplied with Greenport Water and Sewer, but
I'll ask the applicant that. And I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties. Would
you like to be heard, Mr. Kapell.
DAVID KAPELL: For the record, my name is David Kapell, 400 Front
Street, Greenport, New York, and I am the President of Kapell Real
Estate Inc. I've submitted quite a bit of information to the
Board regarding the characteristics of this property and adjacent
properties in the neighborhood. To summarize on the block on which
this particular property is situate, there are a couple of other
similarly other merged lots which could end up before you for
similar relief in the event this project is approved. The Board
had asked that I submit some information with regards to that.
In summary again, there are really--after looking at it closer
between which os these merged lots are already improved and which
are actually vacant, which could be served by municipal sewer and
municipal water, and which could not. The properties enjoin the
same arguments that we have before this Board, and are limited to
two. In other words, in addition to approving this lot, the
impact on the particular on the block would be limited to two
potential building lots--which again would be similar if not
identical to the majority of the lots in the neighborhood. Of
those two properties where a lot could be set off, there is only
one which enjoys the same minimizing characteristic which is
this long, deep and narrow shape. Our lot is 50 feet wide--it
runs I think 225 feet deep. Nobody is going to put a house in
the middle of the lot, so that really, unless we can divide it,
Page 2 - Appeal No. 3511 KAPELL REAL
=
Public Hearing March 5, 1987
Southold Town Z.B.A. Regular Meeting
ESTATE
MR. KAPELL, continued:
we end up with a lot, a good portion of which is substantially
unusable, and there is only one other lot which is owned by
Daysman Morris which has a similar characteristic, otherwise
the other lots are more rectangular or square in shape, and
don't have quite the same problem we have. Even laying that
aside, there are only two other situations on the block that
would reasonably be expected to come before you for similar
relief.
The main issue is that the Town has an opportunity in
situations like this without altering the character of the
neighborhood to put back onto the market smaller lots which
by nature of their size and location can be offered at a
more modest price than the two-acre lots which the zoning
ordinance now requires. We would like to be able to do that.
We have a track record that we can rely based on prior experi-
ence with this Board from Bridge Street and Champlain Place
last year--which the Board approved a similar application
where a lot ran from street to street and would have been a
merger. You approved the set-off of a smaller lot. We did
in fact sell to a local party which did build a house on it
very quickly, and are living on the property. So we feel
we have demonstrated our ability to provide the property to
that portion of the market to which it is intended to serve,
and we would like to do the same thing here. We see the
same opportunity. We don't see that there would be any
adverse impact on the neighborhood. I'm not aware of any
of my neighbors being in opposition to the project, or I
may find out otherwise tonight. And would ask that the Board
approve the project. I'm available to answer any questions.
CHAIRMAN: It is my opinion that having received this letter
from Mr. Monsell that you will have the sewer down there also?
MR. KAPELL: We are going to provide sewer. There is sewer
in Linnett Street, and all of the properties in the neighborhood
that abut either the sewer or the water or the electric are
entitled to service, and the Health Department by the way which
did approve this plan relied on that also. The only problem
that initially was sewer service on Brown Street, where there
is no sewer, and what we have done is recorded an easement over
the lot that would be created fronting on Linnett Street to
allow for the installation of a sewer line connecting to the
Page 3 - Appeal No. 3511 KAPELL REAL
Public Hearing - March 5, 1987
Southold Town Z.B.A. Regular Meeting
ESTATE
MR. KAPELL, continued:
sewer on Linnett Street the lot on Brown Street, and that easement
has already been recorded in the County Clerk's Office as requested
by the Health Department, as part of our approval process. Do you
have any questions that I could answer?
CHAIRMAN: No, thank you very much. Is there anybody else that
would like to speak in favor of this application? Anybody against
this application? Questions from board members? The only thing
that comes to mind--I'm sorry to ask you to get UP again, is that
it appears that you are planning to construct, assuming the Board
does grant this application, two dwellings, both of which appear
to adhere to the present sideyard, rearyard, frontyard restrictions
for a lot of this size, Do you have any objection that if the
Board did entertain an application that a restriction be placed
on that there be no further reductions or variances for construc-
tion of either house on either parcel?
MR. KAPELL: I have no objection whatsoever.
CHAIRMAN: I thank you very much. I'll make a motion closing the
hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to conclude (close) the hearing and reserve decision
until later in the Matter of Appeal No. 3511 KAPELL REAL ESTATE/LIMPET.
Vote of the Board: Ayes: Messrs.
and Douglass. (Member Sawicki was
was duly adopted.
Goehringer, Grigonis, Doyen
absent. This resolution
I~INDA ~. KOWALSKI, BOARD SECRETARY
SOUTHOLD TOWN BOARD OF APPEALS
Z.B.A. PUBLIC HEARING
REGULAR MEETING - MARCH 5, 1987
MATTER OF R. MULLEN, JR. - APPL. NO. 3608
Matte Df Appeal No. 3608 - RICHARD F. MULLEN, JR. ariance
to utilize for paved parking area for employees of M~ en
Motors. )istricts: Partly "A" and "B-I." East of
Cottage Place, iouthold.
The opened the hearing at 8:10 p.m. a read the
legal notice of ring and appeal application for record.
CHAIRMAN GOEHRINGER I have a copy of a survey September 19,
1986, Map of Pro of Jennie A. Cochran, and e a copy of
the Suffolk County Map indicating this and ing proper-
ties in the area. Is lere somebody that wo like to be heard?
Mr. McLaughlin.
J. KEVIN McLAUGHLIN !SQ. Thank you Members of the Board,
my name is Kevin McLaughl I am here evening to represent
Mr. Mullen in his applicati pursuant Southold Town Zoning
Code Section 100-112, Subdiv ions H ar I. I would like to hand
up at this time as part of my ~resent~ on a letter I prepared for
the Board.
(Letter dated March 5, 1987
for the record.)
CHAIRMAN: Thank you.
MR. McLAUGHLIN: This , ~hich is owned by Mr. Mullen
is divided, the front porti of at an angle appears on the
site plan, which I believe s part of we file here with this
application, the front po being i the B-1 District and
actually most of the pro is in the District. This has
been designated as a ance application~but I believe what
we really have here i application to the Board for its
approval of a parkin~ facility adjacent to ~ullen Motors. I
think it's importa/~ to understand that distinction because what
we are talking abgut here is different crite~a for the approval
of than there wQ~ld be for a variance, and th~ criteria for
approval I th~ is set forth in the Zoning Co~e in Section
100-125 Subdivision C. Basically, in order to have an approval
by the Boar~ the Board needs to determine that ~he use will
not preveo~ th~ orderly and reasonable use of adjacent properties
or properties ~n adjacent-use districts, that the use will not
prevent the orderly and reasonable use of permitted or legally
established uses in the district where the proposed use is to be
CouNTY OF SUFFOLK
Tox Service Agenc~
048
U
MAP OF"
I4APELL EEAL E
LI h,IPET
S_TA'I': F__, t'''~-
AT
.. ~,v~,..-..-'z= ..,.~_.. ............. c,~.Z._s'~z.~...
NOTICE OF H~ARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of South01d, the
following public hearings will be
held by the
WN AR
at the Southold Town Hail,
Main l~ad, Southold, NY at a
Regular M~ting, ~
MARCH 5t 1957t ~tthe follow-
ing times:
7:35 p.m. Appeal No. 3590-
THOMAS A~ CATHERI~.,
~~ from
2/5/87). Addition to noncon-
forming dwelling structm'~
ceedng $0~/s of fair value. 265
Rochelle Plac~ Mattituck, NY;
1000-144-04-9 & 8.
7:40 p.m. Appeai Ho. 3603-
~ce,Variance to the
Article 111,
Section 100-31, Bulk Schedule,
for approval of insufficient lot
area (78,408 sq. ft.) of parcel
proposed to be set-off in this
pending division of land. LOC~-
tion of Property: No~th Side of
Main Road, Cut_o~ogue,' NY;
County Tax Map District 1000,
Section 109, Block !, Lot 8.5
7:45 p.m. Appeal No,
3610-CAROL A. BAR-
THO~
t~on to the Zoning Ordinance
lbr p~nnission to ~!n~_~lish "Bed
and Breakfast" use, incidental
and subordinate to the propos-
ed single-family dwelling use, in
accordance with the re-
quirements of Article ii1, Sec-
tion 100-30(B)[16]. Location of
Property: 7015 Wickham
Avenue, Mattituck, NY; Coun-
ty Tax Map District 1000, Sec-
tion 107, Block 5, Lot 4.
7:50 p.m. Appeal No. 3612-
PHILIP .AND ELLEN
BE-LLOMO. Variance to the
~nance, Articte XI,
Section 100-119.2 for permission
to construct addition at rear of
dwelling with an insufficient set-
back from wetlands along Great
Pond at 7455 Soundview
Avenue, Southold, NY; County
Tax Map District 1000o Section
59, Block 6, L~t g.
8:00 p.m. Appeal No, 3511-
KAPELL REAL ESTATE INC.
AND LIMPET CORP~
Variances to th~ Zoning Or-
diannce, Article II1, Section
100-31, Bulk Schedule for ap-
proval of insufficient' '(1) lot
area, (2) lot width, (3) lot depth
of two parcels in this pending
division of land. Location of
Property: Linett and Brown
Streets, G~enport; Greenport
Driving Park Map, Lots 16 and
65; County Tax MUp Distric~
1000, Section 48, Block $, L~¢
25.1.
iJ~UN'TY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she
Editor, of THE LONG ISLAND TRAVELER-WATC!
a public newspaper printed at Southold, in Suffolk C
and that the notice of which the annexed is a printec
has been published in said Long Island Traveler-Wal
once each week for /
8:05 p.m. Appeal.No. 3608.
RICHARD E MULLEN~ JR.
Variance to the Zonin~ Or-
dinance, Article XI, Section
100-1120) for permission to
utilize subject premises for n
paved parking ~ for the
employees of Mullen Motors, an
established bnsiness abutting
this parcel along the north side.
Zone Districts: Partly 'A"
successively, commencing on the .c.~,~ ~ Residentiaiand A~ricultural and
................ "B-I" General Business. Loca-
Sworn to before me this
........ · ~. q .~. ....
tion of Property: East Side of
Cottage Place, Southold, NY;
County Tax Map District 1000,
Section 62,. Block 3, Lot 19.
8:10 p.m; Appeal No. 3592-
BENTEi SNELLENBURG.
Variances to the Zoning Or-
dinanceArticies: (I) XI, Section
100-119.1(B) for approval of
eight.foot height of fencing
along the easterly property line
. a length of 72+ feet; (2) XII,
Section 100-141, Appealing the
November 6, 1986 Order to
RemedyViolation ~_hich man-
date~ a buildinil permit for new
fencing aiong the easterly pro-
/ . perty lin~. Location of Proper-
~).~"~ ~--,--'~ */~ ty: Pri~te r~ht-of-way.~ten-
........................................... ding off the e~t Side of
Notary Public ~uth Harbor ~ad kn~n ~
BARBARA FORBES
Notary l'ublie, State of New York
No. 480C~4M6
Qualified in Su£folk County
Commission Expires ~'"~':~7.3 / 19 J
Private Road No. 10, or Old
Woods Path, Southold, NY;
County Tax Map Parcel No.
1000-87-2-21.
8:20 P.m. Appeai No. 3611-
RAYMOND AND ELEANOR
KERESTER. ':Variance to the
~nance, Article 111,
Section 100-31, Bulk Schedule
for approval of insufficient lot
width of three parcels, each cun:
mining 4.6± acres, in this pen-
ding minor subdivision. Loca-
tion of Property: West side of
Paradise Point Road and north
side of North' Bayview Road,
Southold, NY; County 'fha Map
Parcel No. 1000-81-1-25. ~
The Board of~'Appeals will
hear at said time and place ali
persons or representatives desir-
ing to be helh'd in each of the
above matters. Each heating will ·
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu,
sion of the subject hearing. For
more information, please' cail
765-1809.
Dated: February 23, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. OOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
IT-2/26/87(6)
Legal Notices
NOTICE OF HEARINGS
NOTICE IS ItEREBY
GIVEN, pursuant to Section 267
by the SOUTHOLD TOWN
BOARD OF APPEAL~ at the
lng, THURSDAY, MARCH 5,
nafl~gArticle llI, Section 100-
31, Bulk Schedule for approval
of insufficient ~1) lot area, (2) lot
width, (3) lot depth of two par-
cels in this pending division of
land. Location of Property:
Linett and Brown Streets,
Greenport; Greenport Driving
Park Map, ~ts 16 and 65;
County Tax Map District 1000,
~ction 48, Bilk 3, ~t 25.1.
8:05 p.m. Ap~al No. 3608-
RICHARD F. MULLEN, JR.
Variance ta the Zoning Ordi-
nance, Article XI, ~etion lO0-
~ub~eet premi~e~ for n pnved
parkin~ area I~r the
of Mullen Motor~, ~n est~blisbed
husine~ nbuttin~ thi~ pm'eel
a]on~ the north ~ide. ~one Dis-
tricts: Partly "A' Residential
and Agricultural and "B-I" Gen-
Sectio~ 100-31, Bulk Schedule
will not start beforetime al-
lotted. Written'~ --cor~l~nts may
be submitted prior to the conclu-
sion of the subject hearing. ]''or
more information, please call
765-1809.
Dated: February 23, 1987, ) SS:
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P, GOEHRINGER, ~ 1 ~ ~
CHAIBMAN of Greenpo~, in
Linda Kowalski. ( sworn, says that he/she is
Board Secretary
1TF26-5513 SUFFOLK TIMES, a Weekly
"="=~', r ........ at Greenport, in the Town
of Southold. County of Suffolk and State of New
York, and that the Notice of which the annexed
a printed copy, has been regularly published in
said Newspaper once each week for ~G
weeks successively, commencing on the _
day of Feb 19 _._ ~ 7
~ =-~' /, ~ /
cipal Clerk
Sworn to befo~me this ~ .
Suffolk ~un~ No. 4849860
Term ~r~ ~uar~9
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLDo L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
~ Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel fr~e to call
our office, 765-1809.
Yours_ very tr_~ul~.cm ~ ~
G'ERARD P. GOEHR[NGER ~/
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
JUDITH T. TERRY
TOWN CLIRK
REGISTRAR OF VITAL STATISTICS
OFFICE OFTHE TOWN CLERK
TOWN OF SOUTHOLD
May 14, 1986
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3511 application of
Kapell Real Estate, Inc. Also included is Notice to Adjacent
Property Owner; Short Environmental Assessment Form; letter relative
to N.Y.S. Tidal Wetlands Land-Use; letter of disclosure from Kapell
Real Estate; letter of explaination from Mr. Kapell; Notice of
Disapproval £rom the Building Department;_ an, d survey and tax map.
Judith T. Terry
Southold Town Clerk
Mailing List of
Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting March 5, 1987
Copies by mail to the following 2/24/87:
Mr. James E. Cross, Box 730, Cutchogue, NY 11935
Mr. and Mrs. Thomas J. Zimmerman, 39 Eric La, New Hyde Park, NY ll040
Mr. Kenneth Montgomery, Bay Avenue, Mattituck, NY 11952 (Re: Zimmerman)
Mrs. Carol A. Bartholomew, 7015 Wickham Ave, Mattituck, NY 11952
Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview 11803
Mrs. Phyllis Birkby, Arch., 155 West 19th St, NY, NY lO011
Mr. Dan Smith, Box 572, Southold, NY 11971
J. Kevin McLaughlin, Esq., Box 803, Greenport, NY 11944 (Re: R. Mullen)
Mr. David E. Kapell, 400 Front St, Greenport, NY (Re: Limpet Corp.)
Mrs. Bente Snellenburg, Private Road, Southold 11971
Philip~J. Cardinale, Esq., Drawer W, Jamesport, NY 11947 (Re: Snellenburg)
Mr. and Mrs. Donald E. Dean, 9 Yorke Rd, Mountain Lakes, NJ 07047 ("")
Mr. and Mrs. Socrates Spirakis, 139 Stratford Avenue, Garden City 11530 ("")
Mr. W.S. Ballenger, 1801 Woodbourn Dr, Flint, Michigan 48500 ("")
Rudolph H. Bruer, Esq., Main Road, Southold 1t971 (Re: Kerester)
Rensselaer G. Terry, Esq., Main Road, Southold 11971 ("")
Posted on
Copies to
Copies to
Town Clerk Bulletin Board
ZBA Members 2/24/87
ZBA Individual Files 2/24/87
Hand Delivery to Newspaper Offices 2/23/87
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
August 18, 1986
M~r. D~V~ ~. Kapell
~apell ~1 Estate,
4Q0 Front Street
Greenport, NY 11944
~e; Appeal No. 3511 ~ Kapell Real Estate Inc. ~Variances)
De~r Dave:
Tki~ lette~ w~ll confirm the position of the Board
after ~euk~ew~ng your letter dated August 8th at our
~egular Meeti~ng of August 14th concerning the above
application to hold this matter in abeyance pending
preliminary/final action by the Department of Health
Services in accordance with the policy and rules under
Article VI, without exception.
lk
Yours very truly,
P. C~EHRI~NGER
KAPELL REAL ESTATE, INC.
400 Front ~treet
Greenport, New York 11944
516-477-9403
Mr. Gerard P. Goehringer
Chairman
Southold Town Board of Appeals
Main Road
Southold, N.Y. 11971
May 11, 1986
Dear Mr. Chairman:
In connection with the variance application, now pending, of Kapell Real
Estate, Inc. and Limpet Corp. this will serve as discIosure of the officers of
the two corporations.
Kapell Real Estate, Inc. - David E. Kapell, President
Eileen Kapell, Secretary
Limpet Corp.
- E.R. Ambruso, President
F.J. Tedeschi, Secretary
Disclosure is further made that David E. Kape11, president of Kapell Real
Estate, Inc., holds the public office of Trustee of the Village of Greenport.
Respectfu 1 Iy,
/David E. Kapell
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH B. SAWlCKI
May 29, 1986
Mr. David E. Kapell
400 Front Street, Box 463
Greenport, NY 11944
Re: Appeal No. 3511 Kapell Real Estate, Inc. & ano.
Dear Dave:
This letter will acknowledge receipt of your recent appli-
cation. The members of the Board of Appeals will be conducting
field inspections and environmental reviews as may be required
by State and local laws prior to scheduling your application for
a public hearing.
~0~ It is requested in the interim that you proceed with the ~
[X ] Planning Board [ ] N.Y.S. D~E.C. [ XX] Co. Health Art. VI
in order that they may submit their written comments or recom-
mendations as early as possible. Upon receipt of their input,
your application will be scheduled for ['he next available hear_
ing date.
If the above document(s) are submitted by mid-July,
it is expected that the public hearing would be held about the
middle part of August. A copy of the notice of hearings as
published in the Long Island Traveler-Watchman and the Suffolk
Times will be sent to you as confirmation.
Please feel f~ee to ca~l at any time if you have any questions.
Yours very truly,
cc: Planning Board
P.S. Please furnish us with copies of the deed(s) concerning the
premises in question at your convenience.
Southold Town Board
ppeals -33- May 28, 19~6 Special Meeting
(Public Hearing Set-Ups, continued:)
8:00 p.m.
8:05 p.m.
8:10 p.m.
8:15 p.m.
8:20 p.m.
8:30 p.m.
8:40 p.m.
8:45 p .in.
8:55 p.m.
- ALBERT J. BODENSTEIN;
- ELEANOR LEONARD;
- MARJORIE D. PETRAS;
RALPH AND LUCILLE STOCKER;
STEPHEN SHILOW~TZ;
RICHARD AND RUTH ZEIDLER;
- PORT OF EGYPT ENTERPRISES
PORT OF EGYPT ENTERPRISES
SAMUEL BAIL.
(Variance);
(Spec.. Exception);
Vote of the Board: Ayes= Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
NEW REVIEW: Appeal No. 3496 FREDERICK KOEHLER, JR.
Variance to construct beach house/cabana structure wi.th~-r
of bulkhead. NE/s Old Harbor Road, New Suffolk. It was the
consensus of the board to hold this matter in abeyance before
advertising for a hearing pending receipt of approval from
the Suffolk County Department of Health Services for the
septic and water hook-ups.
NEW REVIEW: Appeal No. 3511 - KAPELL REAL ESTATE, INC.
ANO. V--~-i~or approval of two pa~h-J~-~g~-~-uTfi~-~-~t/
~-r~width and depth. S/s Linnett St and N/s Brown St, Greenport(
The board instructed the Secretary to hold this matte'r in abeyance
prior to advertising for a public hearing pending receipt of
approval.(or waiver) from the Suffolk County Health Department \
and input from the Planning Board (after compelte application
and appropriate reviews).
NEW REVIEW: Appeal No. 3514 GEORGE P. SCHADE. Variance
for approval of lots having insufficient area, Wl~d-~ and depth.
Cedar Avenue, Southold. Board members instructed Secretary not
to set this inatter up for a public hearing until approval or
waiver has been received from applicant through the Health
Department and comments/input by the Planning Board after
appropriate reviews have been made.
e
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or' the Petition of
to.the Board of Appeals ofthe Town of Southold
TO: Christine C. Cerny
Daysman Morris & Wfe.
Frank A. Field Realty, Inc.
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HER~EBY GIVEN NOTICE:
1. That it is the inteqltlon of the undersigned to petition the Board of Appeals of%he 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: I/nrant lnt ~×tonding frnm Rrnwn ~t.r~t. tn l innett Str~t. Gr~enport.
N.Y. Suffolk County Tax Map ff1000-48-3-25.1
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: Applicant wishes to
reseparate two merged lots which are shown on the map of the Greenport Driving
RarK as lo:s lb & bb.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article
[ ] Section 280-^, New Yovk Town Law for approval of access ove~ v~ght(s)-of-w~.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there
examine the same during regular office hours. (5].6) 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 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.
P~ioner - Kape]l Real Estate, inc.
~wners ' Names: Limpet Corp.
Post Office Address
P.O. Box 463
Greenport. N.Y. 11944
NAME
PROOF OF MAI~ING OF NOTIC~
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Christine C. Cerny
Daysman Morris & Wfe.
Frank A..Field Realty,
Inc.
347 West 39 Street, N.Y.C., N,Y. 10018
Greenport, N.Y. 11944
40 Middleton Road, Greenport, N.Y.
11944
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
David ~-i Kapell
of
May
,1986
. residinga~[~ 41~13 Fr~ont Rtmmat:: R~'~n.nr?t; ~ ¥
,, beingdUly ~or~la~'~nd Says that on the 2~h day
. deponent mailed a tr~, ,co4a~ p~he Noti~:e 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 Somhold; that said Notices were mailed at the United States Post Of-
flceat Greenport. N.Y. 11944
certified) ~l(~X~r~e~][ mail.
Sworn to before me this ~
day of M~y ,19 86
Notary Public
; that said Notices were mailed to each of said persons by
/
(This side does not have to be completed on form transmitted to adjoining
property owners.)
Apr,! 23. 1986
(Today's Date)
To: $outhold Town Board of Appeals
bIain Road
Southold, NY 11971
Re:
Appeal Application of K~p~l] ~] F~tat~. Tn~. & LimD~t CorD.
Location of Property: Rrnwn ~tr~t,, e~r~n~nrt.~ N.Y.
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property i~ the within appeal application:
(please check one box) ·
[ ] May be locatad within 300 feet of tidal wetiands;
ho~¢ever, constructed along the water-lying edge
of this property is a bulkhead in very good
conditio~ and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
£ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
.and there is no bulkhead or concrete wall existing
on the premises.
°Ix]
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
NOTE: If proposed project fall~wiign.~'~nu~:EP' 1c.ea~'ri2di;tion'
approval must be received an.d submitted to our office before
your application can be.scheduled for a public hearing.
The ~;.Y.S. [,n~iiNronnlen[al quality
mission of this I~m, and an environi:~enEdl
made by this board before any action is tak
~iew will be
SNORT ENVIRO~,~.ENT&L ASSES~MEN?
(a) In ord~'r to answer the questions in this short gAF is i~ assumed that ~hs
pre,ret will use currently available ~fo~tlon conceding the ~roJec: and
l~ely ~ct~ of the action. It is not e~ecte~ %~t addl%~onal studles~ r~earch
(b) If any qued%ion ha~ bmen answered Yes the project ~y be si~ifican~
ccmp!eted Enviro~men%al Assessmen~ Fo~ i~ neceszar/.
(c) If all quesuions have been answered No i~ is l~el7 t~: =his pro3ec=
significant.
(d) ~viro~nental Assessment
1. W~l proJec= res~% in a la~Ee physical chan~a
to =he proJec: site or Dhysical~7 al=er more
%~n 10 acres of land? · · · · · , · · · · · Ya~ X No
2. Will there be a major change to any unique or
unusual land form found on the site? . . ·
3. Will project alter or have a large effect on
an existing body of water? . , · , . , · ·
&.Will project have a potent!ally large lmpac~ on
groundwater quality?
Will project significantly effect drainage flow
6.Will project affect any threatened or endangered
plant or anlmal species? . · · · · . · · ·
Will project result in a major adverse effect on
8. Will project have a ~ajor affsct on visual char-
acter of the community or scenic views or vistas
known to be important to the com. munity? , , , Yes X No
9. Will project adversely im. pact any sits or strucr,-
ur· cf historic, pre-historic, or paleontological
importance or any site designated as a critical
environmen~al area by a local agency? . . . Yes----X No
10. Will project have a major effect on existing Or
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? . . . . . . . . . . . . Yes X NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance a~ a result of the project's operation? · Yes X No
13. Will project have any impact on public health or
ea£ety? . . . . . . . . · . . .. Yes. ,X No
l&. Will project Affect the existing community by
directly causing a ~rowth in permanent pope/a-
t!on of more than 5 percent over a ome-~ear
period or have a major negative effect on the
cha~acte-'~ of the community sr meAgn~orhooo?. , Yes X No
.... Limpet Cor~F. &
~PR~Sg. ITI,.O. Kapell Rp~I F~t~t~: ]~C DATE: April 23, 1986
Yes X No
Yes X No
Yes X No
-- Yes X No
Yes x No