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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2~5 SOUTHOLO, L.I., N.Y. 11g'71
TELEPHONE (5'16) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3663
Application Dated August 24,
TO:
John J. Munzel, Esq.
548 Roanoke Avenue
Riverhead, NY 11901
1987
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on October 28, ]987,
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
IX] Request for Variance to the Zoning Ordinance
Article III , Section 100-30
[ ] Request for
Application of MARIO CASTELLI for a Variance to the Zoning
Ordinance, Article III, Section 100-30 for approval of sign as
exists of excessive size in 'this "A-40" Residential and Agricul-
tural Zoning District and advertising "Landscaping & Sprinklers
by Forever Green." Location of Property: South Side of North
Road (C.R. 48), Peconic, NY, County Tax Map Parcel No. 1000-69-4-
1.3.
WHEREAS, a public
1987 in the Matter of
Application No. 3663,
hearing was held and concluded on October 8,
the Application of MARIO CASTELLI under
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. This is an application for a Variance from the
Provisions of Article III, Section 100-30, Subsections A-
(2)[a](2) and/or Subsections C(6)~ of the Zoning Code for
approval of the construction of a sign which was granted by
the Building Inspector under Permit No. 15599Z on Decem-
ber 24, 1986.
2. Article III, Section 100-30, Subsection C(6) of the
Zoning Code reads as follows:
(CONTINUED ON PAGE TWO)
DATED: November 4, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3663
Matter of MARIO CASTELLI
Decision Rendered October 28,
1987
...C. [Amended 7-31-73] Accessory Uses, Limited to
the followin§...
(6) The following signs, subject to the
supplementary sign regulations hereinafter
set forth...
[b] Not more than three (3) signs with a
combined total area of not more than seventy-two
(72) square feet, no one (1) of which shall be
larger than four by six (4 x 6) feet in size,
advertising only the sale of farm, garden or
nursery products produced or grown on the
premises or of animals raised on the premises ....
3. Article III, Section 100-30, Subsection A(2)[a](2)
of the Zoning Code reads as follows:
...A. Permitted uses...
(2) The following agricultural operations and
accessory uses thereto, including irrigation,
provided that there shall be no storage of manure
or other odor or dust-producing substance or use
...within one-hundred fifty (150) feet of any lot
line: ...
(a) The raising of field and garden crops,
vineyard and orchard farming, the maintenance of
nurseries and the seasonal sale of products thereof
in buildings, subject to the following special
requirements:...
[2] All signs shall conform to the provi-
sions of Section lO0-30C(6)(b)...
4. The sign in question is shown to be situated five
feet from the northerly front property line, is doubled in
size, each face having a sign area of 6'6" high by 12 ft. wide,
plus a 4+ inch high jutted extension at one corner.
5. The wording of the sign is "Landscaping & Sprinklers
by Forever Green 765-1900."
6. The premises in question is located in the "A-40"
Residential and Agricultural Zoning District, contains a
total lot area of 44,263 sq. ft. with 184.08 ft. frontage
along the south side of Middle (C.R. 48) Road.
7. For the record, it is noted that the subject premises
is improved with a 36 ft. by 82.5 ft. building shown to be set
back 50 feet from the front property line, 31± feet from the
west side line, 50 feet from the easterly (front) line (at the
closest point from the traveled right-of-way), and the subject
double-sign structure.
8. It is the position of this Board that: (a)
no establishment of the use and occupancy of the premises
as an agricultural use has been determined and (b)
the issuance of a Permit under #15599Z on December 24,
Page 3 - Appl. No. 3663
Matter of MARIO CASTELLI
Decision Rendered October 28,
1987
1986 was clearly in error as to not only the size of the
sign but as to the ability of the applicant to maintain
any sign whatsoever.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Goehringer, it was
RESOLVED, that under the above circumstances,
the relief requested under Appeal No. 3663 in the Matter
of the Application of MARIO CASTELLI, IS HEREBY DENIED,
and it is further
RESOLVED, that the sign(s) be removed immediately
and that the Building Permit be revoked and void in its
entirety.
Vote of the Board: Ayes:
Douglass, Grigonis and Sawicki.
adopted.
Messrs. Goehringer, Doyen,
This resolution was duly
lk
. (_ ,/ //'~-',~/_,--~.--~
J'GERARD P. GOEH~NG~/~/~HAIRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE //~/~~} HOUR ~''
Town Clerk, Town of Southo~d_
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting aC the South old Town Hall, Main Road~
Southold, New York, on THURSDAY, OCTOBER 8~ 1987 a~ the
following ti~es:
7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from
9/10/~87).
7:40 p.m. Appl. No. 2592 - BENTE SNELLENBURGo (Recesse~
from 8/20/87)
7:45 p.m. Appl. No. 3668 GERARD Co KEEGAN. Variance
to the Zoning Ordinance, Article ×I~ Section lO0-119~i(C) for
approval of construction of fence in the easterly frontyard
area at a height of six feet. Location of Property: ~6st Side
of Founders Path and East Side of Hobart Road, Southold, NY;
County Tax Map Parcel No. 1000-64-4-10; Founders Es%ates Loc 39.
7!50 p.m. Appl. No. 3657 - CLYDE FRITZ. Variance to the
Zoning Ordinance, Article II~ Section 100~31 for approval of
insufficient lot area, width and depth of ~wo proposed parcels
fronting along the westerly side of Cedar Lane, Southold~ NY;
County Tax Map Parcel No. 1000-78-7-4~.1, containing a total
area of .694 of an acre.
the
7:55 p.m. Appl. No. 3663 - MARIO CASTELLI. Variance ~o
Zoning Ordinance, Article III~ Section 100-30 for approval
of si§n as exists Of excessive si~e in this "A-40" Residential
and Agricultural Zoning District 'and advertising ~'Landscaping
& Sprinklers by Forever Green~" Location of Proper~y: South
Side of Nort~ Road (C.R. 48), Peconic, NY; County Tax Map
Parcel No. 1000-69-4-1.3
8:10 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Recessee
from 9/10~/87).
8:15 p.m. Appl. No. 359.3 and No. 3659 - QUZET MAN iNN.
(Both hearings recessed-from 9/1Q/87)
8:25 p.mo App!. No. 3664 ANA G. ST~L[O. Variance to rescind
prior deci§~on rendered under Aapeal No. 3562 on December ll, 1986
for a conditional approval under ~ew York Town Law~ Section 280-a,
and deleting Condition No. 2 of priom decision ren~eree under
Appeal No. 3619 on April 2, 1987, and as an alternative being
subject co New York To~n Law, Section 280-a over ghe existing
Page 2- Notice of Hearings
Southold Town Board of Appeals
October 8, 1987 Regular Meeting
right-of-way approximately 100 ft. to the east of the subject
right-of-way (approved or to be approved and accepted by the
Planning Board for this set-off division of land), locatee
alone the north side of Main Road, Orient, NY; County Tax Map
District lO00~ Section 14, Block 2, Lot 26 and Lot 12.2.
8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance co
the Zoning Ordinance, Article XI, Section 100-119.2 for per-
mission to locate open deck construction with an insufficient
setback Crom existing bulkhead at Harbor Lights Estates~
Section I, Lot 10, Southold, NY; County Tax Map Parcel No.
1000=79-04-08.
8:45 p.m. Appt. No. 2669 - MICHAEL AND ELIZABETH LADEMANN.
Variances to the Zoning Ordinance, Article III, Section 100-31
and Article XI, Section 100-119o2 for permission to locate
new dwelling with insufficient setbacks from ~he northerly
front property line along a private a right-of-way ano
from the nearest wetland grasses, premises known and referred
to as Lot No. 1, Map of Blum and Littell, located along the
East Side of Stillwater Avenue, Cutchogue, NY~ County Tax MaD
Parcel No. 1000-103-1-19.6.
The Board of Appeals will hear at saie time and place
all persons or representatives desiring 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 informa-
tion, please call 765-1809.
Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Notice to Newspapers: Please publish once, to wit: October
1987~ and forward six affidavits of publication on or before
October 6th to: 3oard of Appeals, Main Roao~ Southold~ NY
11971. Thank you.
Disapproved ale
(Budding Inspector)
~PLICATION FOR BUILDING. PERMIT
~RU~IONS
I=ORM NO. t
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1803
a. T~s a~p~icati~n m~st be c~mp~ete~y ~ed in by ty~ewr~ter ~rin ink and anbmitted t~ th~ Building ~ns~act~ with 3
~ets of plans, accurate plot plan to scale. Fee acc~nllng to schedule,
b, Plot plan~laowlnglocation allot and ofbaild~n~ on premises, re~ltlonshlp to adjoining premises or public street_~
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The w~rk c~vered by th~s appilcation may n~t be c~mmeneed bef~ro issurmce ~f Building Pe~nit~
d. Upon approval of this application, the Building In*paeSar will issued a Building Pennis to the applicant. Such permit
~halI bo kept on the premises available for inspection t,hroughout the work.
e. No building shall be occupied or mad i~ whole or in part for any purpose whatever until a Certificate of Occupancy
shalI have been granted by the Building Inspectm:.
APPLICATION IS HEREBY MADE so tho Building Dei~artment for the issuance of a Building Permit pumuant to the
Building Zone Ordinance of the Town of $outhold, Suffolk County, New York, and other applicable Laws, Ordinances o~
Regulations, for the construction of buildings, additior~s or alterations, or for removal or demolition, as heroin described
The applicant agrees to comply Mth eli appBcable laws, ordinan6e~, building code, hou~ing code, and regulations, and tc
admit author/zed inspeCtom on premises and in building for necessary inspections.
. .;q.e~..4..~. £.~ ~. ~: ................ t .... -...
..~ ....... ; ...... ~..:... ....................
.................... %. ;.~., .~....2.~...~.~.~ ....................................................
Sanre of o~vner of premises ... ~A;t~.~ .I.q....0~, ~ .~. ~. ~ .[.[ .1 .................... ' ........
if ~ant is a co,option, signature ofdul~ auJJ3orLzed officer.
(Name and title of corporate officer)
Builder's IJeense No .........................
Plumber's License No .........................
~,eet~,~ian's ~icense No. % 55. )...~.~ .....
Other Trade's License No ................... :.
1. Location of land on whinh proposed work will be done ..................................................
'~ * ................ .....<?.~..~.~×..~c..¢...5..~.~ ~ ............... %~,~v,~..~.. ....... \.~,- .................
ltouse Number Street Hamlet
County Tax Map No. 1000 Section .... .~..~-.~'1 ........ Block....1~. ~d~. ........... Lot.._ I .~. ...........
Subdivision ..................................... Filed Map No .............. Lot ...............
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ....................................................................
~. I~te~ed u~ o~c~pa~..B.V.~ .~.~..~..~. .... .-¢. :~. ?. ~.~..~.....~. ~. 5 .Il .~.~. .....................
3.. N;tlure~of work (c~k which applicable): Ne,~.,.~ffding .......... Addition ........ Altera~..¢~) .........
Repair .............. R~movM ............ Demolition Other ~rk.
4. ~timated Cost ....... -~., ~ .... 0 0 ...... ...... ......... Fee .~.7< ...... ...........................
(to be paid on Fging th~ appli~ion)
5. If dwell~, number of dwelllng uni~ ............... Number of dwelling units on each floor ................
If ~ge, number of c~
5. lfbusine~ ceremonial or mixed o~upan~, specify nature =d extent ofeacb ~p, of use ............. ~ .......
7 D men,ohS of ex~tmg structures, ~y: Front . . ~.D ..... Rear ~ ~ . .. Depth .
Height ...[ ~.' ......... Number of $~ofies .. J...; .........
D~ehsions otsame st~cture ~ ~temtions or additions: Front ................. Roar .........
Dep~ ...................... H~i~t ...................... Number 0t Stoges .................
8. Dimnslons ofentir, new eon~mc~dn: Front ............... Rear ............... Dep~ ...............
Height ............... N~bet of~o~es .............................
9. Si~oflot: Front ..... ~.~.,~ ~ ....... Rear... ~2~ ...... Depth ...~L.~ ~. ~.~ .........
0. Date of PurcMse ................... Name of Fomer Owner ............................
1. Zone ~r ~e district in which princes m ~mated... ~ ~ ¢. ,~.. ~(.0. ~.. ~ .................................
2. Dbes pwPosed cons~nction viOlate any zoMng h~, oMinance or regnlation: ..... ~ ~ .......................
L ~ otbe r~aded ...... ; g ...... ~ ............ Wilt excess fill be ~mov~ from premises~
Nm.::~ Architect ........................... Address .................. Phone No ................
N~e otContmctor ................ Addre~ ........... Phone No...: ~ .......
5. Zs ih~ prop~ty located ~thtnlO0 feet ~f a tidal werland~ * Yea ..... No .Y...
PLOT DIAG~M
Locate ;iem-ly ~d distinctly gl bu~d~, whether exisling or proposed, and. indi~te gl ~t-back d~nensions from
FATE OF NEW YORK,
U SS
0 NTy OF ............... ' ' ,
(Name of LndividuaI signing
~ove named.
~t~e ....................... .~...t e,..~...~.~, n 2. r.: .............................................
(Contractor~ agent, corporate officer, etc.)
f ~a.~d owner or owner~, and is duly authorized to perform or have perfonmed the ~id work and to make and file th~
~plication; that M; statement~' contained in this application m'e true to the best of his knowledge and bell&; and that the
'ork will be perfo.m~dd in the manner set forth in the application filed therewith.
worn to before me this
'?" of..t.Q~...,<z.z~.. ~, ...... ~..
....... '~ .~. tr/¢~. ....... day
~ ~ TOWN OF SOUTHOLD, NEW YORK
<~O0 pr~PEA F OM OF ~NSP~CTOR
~~ DEC,S,ON BU,LD, NG
APPEAL NO. ~ C~.3
DATE ..............................
TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD. N. Y.
'" No~;; ~;o~'~,~ellor~t ........... Street and Number
Municipolity
State
THE ZONING BOARD OF APPEALS FROM THE' DECISION OF THE BUILDING' INSPECTOR ON
APPLICATION FOR PERMIT NO .................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
...... ................
Name of Applicant for permit
LTL] ....... .... ........
Street and Number Municipality
(X/~)PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY ..~..~**/.'..,~**....**~***~..:.~,..,....~..~***~...~.'.{~.~<.. ..........................................
Street ~Hamlet / Use District on Zoning Map
District lO00 Section Block Lot
................................................................................. Current Owner ~/~0_
Mop No, Lot ~o Prior Owner
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article Section
3 TYPE OF AP'PEAL Appea is made herewith for (please check appropriate box)
¢ ~ A VARIANCE to the Zoning Ordinance or Zoning Map
, ) A VARIANCE aue ro lack of access (State of New York Town Law Chop· 62 Cons· Lows
Art. ]6 Sec 280A Subsection 3
4 PREVIOUS APPEAL A prewous appeal (has) (has not) been mode with respect to this decision
of the Building ~nspector or with respect to mm property· ,///~
Such appeal was [ , request for a special permit
( ) request for a variance ,
aha was made n Appeal No ................................. Dated ...............................................................
REASON FOR APPEAL
) A Vcdance to Section 280A Subsection 3
A Variance to me Zoning Ordinance
)
requested for the reason that (~ -~ ~r~ ~rr~;~
~oz~ ZB] . .~ (Continue on other side)
REASON FOR APPEAL
Continued ~1~ ~' ~* ~f~
t. STRICT APPLICATION OF THE ORDINANCE would produce practical diff~sl~~
sarv HARDSHIP because
2 The hardsh~[~ crearea ~s UNIQUE and is not shared by all properties alike in the immediate
vicm~t/ of this property aaa in this use district becc~use
£ f2bo ve _
3 Tiae \ anance would observe the spirit of the Ordinance and WOULD NO'[ CHANGE THE
CHARACTER OF THE DISTRICT because
OF SOUTHOLD
OWNER STREET
FORMER OWNER N
'~ S
~ECO~D
VILLAGE
E
W
ACR,
CODE,
SUB:'
LOT
DATE O~: CONSTRUCTION
LAND IMP.
REMARKS
Tillable
Meadowland
House Plat
Total
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
~. Bldg.
Extension
Extensibn
Ext~ns~gn
Porch
Deck
B reezewCy
Garage
Foundation
Basement
Ext. Walls
Fire Place
Pool
Bath
Floors
Interior Finish
Heat
Attic
Patio Rooms Ist Floor
Driveway Rooms 2nd Floor
tB ~JON ,Jf',4~Nr
/Memorandum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
To: Betty,
From: Linda
Date:
Town Clerk's Office
2/11/88
Attached are photocopies requested today
by Kevin Knobloch concerning the Matter
of Mario Castelli, premises located at
C.R. 48, Peconic, from our file.
Kevin indicated he would be picking
them up later this afternoon.
Thank you.
~vember 17
Lli
23 of the
lion whic~
~nsidered
rminatio~
amortize
i. ng
man
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
M~CHA£L A. /OGRANDE
SUFFOLK COUNTY EXECUTIVE
360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
November 17, 1987
Town of Southold
Zoning Board of Appeals
Applicant: Marlo Castelli
Mun. File No.: 3663
S.C.P.D. File No.: SD-87-27
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning CoF~ission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Con~nents: Appears inappropriate and excessive. Should be amortized and phased
out in compliance with zoning ordinance requirements.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll9?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant to Article XlII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article Ill, Sectionlo0-30
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal NO.:3663 Applicant: Mario Castelli
Location of Affected Land:
C.R. 48, Peconic, NY
County Tax Map Item No.: 1000-69_4_1.3
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
x× State or County Road, Parkway, Highway, Thruway
Boundary of Existing or
Boundary of Existing or
Other Recreation Area
Proposed County, State
Proposed County, State
or Federally Owned
or Federal Park or
La
or
Existing or
Owned by. the
Lines,
Within
Within
Proposed Right-of Way of Any Stream or Drainage Channel
County or for Which The County Has Established Channel
COMMENTS: Applicant
of excessive
One Mile of a Nuclear Power Plant
One Mile of An Airport.
approval of
is requesting
size in this "A-40" R~nf~l aris Agr~c,~le,prml Enn~ng
D_i.~tri~f
Copies of Town file and related documents enclosed for your review.
Dated: Noven%ber 13, 1987
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2..~ E;OUTHDLD, L.I., N.Y. llC:J?l
TELEPHONE (516) 765-1809
November 9, 1987
John J. Munzel, Esq.
548 Roanoke Avenue
Riverhead, NY ll901
Re: Appl. No. 3663 - Mario Castelli
Dear Mr. Munzel:
Transmitted herewith for your file is
recent findings and determination rendered
entitled matter.
a copy of the
in the above-
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Building Department
Rudolph H. Bruer, Esq.
Francis J. Yakaboski, Town
Attorney
~? 1~99 Z
This notice must be displayed during construction
and returned to Building Dept, to get a certificate
of occupancy upon completion of work.
BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD
SOUTHOLD, N, Y.
LAW OFFICES OF
JOHN d. MUNZEL
September 8, 1987
TELEPHONE
516 727-7345
$outhold Town Board of Appeals
Main Road
$outhold, New York 11971
Attention: Linda Kowalski
Re: Application of Mario Castelli
Dear Ms. Kowalski:
Enclosed herein please find amended surveys indicating exact
sign location, and certified return receipts regarding the above
application.
Please process the application for Mr. Castelli.
Please confirm that the public hearing is scheduled for
September 18, 1987.
If you should have
contact this office at the above address and number.
Thank you for your courtesy and .~peration in
/
/
JJM: mmc
Enc.
cc/Marlo Castelli
any questions, please do not hesitate to
~ruly yours,
~,'MUNZEL,
ESQ.
this matter.
~./~'D 'm~rwich, N.Y. 11732
August
28, 1987
Board of Appeals
Town of Southold
Southold, New York 11971
To whom it may concern:
In reference to the attached notice,we are opposed
to the sign which has been erected opposite our
property.
The sign is oversized, larger than regulations
allow, and detracts from the lovely rural
appearance of the community. We would like the area,
which is fast becoming a beautiful wine district,
remain as it is, not marred by billboard-type signs.
Sincerely. y~rs/~
Alan D. Gould
President
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o7 the Petition of
l~ Ihe.~.)~d .f Appcah .I Ih(' Iown ul %oulhnhl
TO:
Alan Gould
124 Split Oak St.
East Norwich, NY
11732
NOTICE
TO
ADOACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to peri[ion [he Board of Appeals of thc Town of Southold
to request a ~ (Special Exception) (Special Permit) (Other) [circle choice]
cribed as follows:
3. That .~he progert¥ wj~ich is t~e subi~'ct of such Petition is located in the following zoning dis[ricE:
4. lt~a! h¥ such Pelili,m, Ih(* uu(k',,igm, d will tequesl the following relief:
signed areS' Thal/L~ t-l-c lethe provisions~of the S,)mhotdsectic~TOwn IZ°ning~) ~?~plicable_ Io lhe relief sough~ hy ~he un.r- I ] ~ction 2~-A, ~w Yo,'k Towi~ Law roi- appi'oval of access over right(s)-oF-~.
6. Tha~ within fi~ days from [he date ~reof, a written Petition r~tin& the relief s~cified above will
~ filed in the ~uthold Town Clerk% ~fice al Main RMd, ~uth~d, ~w York and you ~y then and [~e
eumi~ the sa~ during regular office hours. (5[~) ~[80~.
7. That before thc relief ~ought 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 al least five days prior to the da~e of such
hearing in the Suffolk Times and in the Long Island Traveler-Matlituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
rilht to appem and be heard at such hearing.
Post Office ~ddress
TRANSCRIPT~OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
R'EGULAR MEETING OF -
THURSDAY, OCTOBER 8, 1987
Appl -No. 3663
App.licant(s): MARIO CASTELLI
Location of Property: S/s C.R. 48, Peconic
County Tax. Map ID No. 1000- ~]~ 2 z~z - /~
Board-Members'present were: Chairman Goehringer
Members: Grigonis, Douglass, Doyen and Sawicki.
P. Goehringer,
Absent was:(None) Also present were: Victor Lessard (Building Dept.)
Linda Kowalski, Z.B.A. Secretary, and approximately persons in the
audience.
The Chairman opened the hearing at 8:15 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the survey indicating the ap-
proximate placement of the sign. ~.~And I have a copy of the Suffolk
County Tax Map and I have a handwritten... When I was there I didn't
have a tape and it appears that one of our more astute members did
have one and he did take a ruler and measure the sign and it appears
to be 6' 6 high, the sign itself, not the height from the ground,
by approximately 12 feet and it's double sided so it's times two.
And I have a copy of the Suffolk County Tax Map which I said. Would
you like to be heard Mr. Munzel?
MR. MUNZEL: Yes. John Munzel for the applicant. At this time, I
would like to offer as evidence the building permit and three photo-
graphs. I think the photographs probably tell the story as clearly
as anything else. Other signs in the area are approximately the
same size. They are double-sided although they are on one particular
board painted.on both sides. This particular sign varies from that
in that, there is actually two signs. The back of each sign is blank.
If you just close them up together, you,d have the same thing as you
have on the other signs. I don't think that's a substantial difference
from the other signs. The neighborhood is one that has a rather I~
of signs. Thin, neighbors apparently, have, if they could put thre~
signs in the area, they ha~e all put signs side by side in order to
achieve a large size. Mr. Castelli hired somebody. He obtained a
building permit. They constructed that pursuant to the building
permit. The cost of that was some 3,500 dollars. The dimension of
the sign are substantially i~ conformity with the ordinance. The
major difference, being the fact that it's on two pieces of wood
rather than the single piece of wood. There is really, it's an.
Page 2 - October 8, ~7
Public Hearing - Mar~Castelli
Southold Z.B.A.
MR. MUNZEL (continued):
undue hardship obviously, to tear down the sign that you spent
3,500 dollars for and to construct a new sign. Assuming that
this would grant it, I don't think it's setting any precedant
in the area. I know it's always an area of considerable con-
cern. I think there's a fundamental distinction here in that
the applicant did make all the necessary applications. He got
his building permit, put it up and it was only after it was up,
that the problem occurred. We don't know anybody else who could
fit into that fact pattern. We're very very remote. If you
looked at the photographs, you'll see photograph number one; is
looking west from the opposite side of the street. I think that
shows you pretty clearly what the situation is with regards to
the neighboring signs east. And number two; is looking east,
that was before the mound, the area underneath was landscaped.
But you can see the string of signs up the line. They're all
substantially the same. And west of course, the third picture,
is facing west from the same side of the street. It would ap-.
pear that this is one of the classic examples of why a variance
should be granted. Do any members have any questions?
CHAIRMAN GOEHRINGER: Is that the actual size of the sign as it
was measured? Approximately 6' 6 by 12'?
MR. MUNZEL: I believe so, yes.
CHAIRMAN GOEHRINGER: Well, we'll see what developes. This sign
is presently not lighted. Is that correct?
MR. MUNZEL: That's correct.
CHAIRMAN GOEHRINGER: Thank you.
MR. MUNZEL: Thank you.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak
in favor of the application? Anybody like to speak against? Mr.
Bruer.
MR. BRUER: Rudolph Bruer on behalf of Kevin Knobboch, the neighbor.
Mr. Chairman, could I see those photographs? Mr. Chairman, I'd like
to take particular issue with the statement made with respect to the
sign being in conformity or similiar to the other signs in the neigh-
borhood. I know the Board has been out there and I wouldn't be sur-
prised if you've measured some of the other signs. And it is my un-
derstanding that the other signs that are up there along that strip
of land in this residential zone and even those of them are not, do
conform to the ordinance. In other words, they are 4 by 6. There
might be two signs like my client has two signs on his property.
He has informed me and I do ~elieve him, the signs do conform to the
4 by 6 requirements as do the adjoining signs on the street including
the rug down to the Cornell piece which I believe is business p~oper-
ty. I don't believe here, the applicant has shown substantial undue
hardship. Although h~ might have shown some type of practical dif-
ficulty in the sense he did (as he did say and I will not dispute
him) spend 33 or 35 hundred dollars for the sign. However, I don't
Page 3 - October 8, :7
Public Hearing - Castelli
Southold Z.B.A.
MR. BRUER (continued):
think that that price is something that is a real hardship under
the circumstances. You have to realize and I'm sure you all know
that the variance, if granted, is a variance that runs with the
land. 'It's not particular to the individual. The Board will now
be saying that because the Building Inspector gave me a building
permit, therefore in all instances, you can have a sign greater
than what is required by the ordinance. The unnecessary hardship
situation is something ~ ~ that must run kind of with the property.
It's got to be a uniqueness that deals with the property and I
don't think it does in this particular instance in that the rest
of the neighborhood, the rest of the signs that are there. And
the majority of them were put up prior to this sign. So the
gentleman, is by his own observation, prior to erecting this sign,
probably should have had a fairly decent idea of what the sign
should have been rather than, as my client described it, a sign
that dominates the area. It is something that comes in there
and it just takes over. It is so big. I go up and down that
road everyday and it's been brought to my attention and ~ I've
noticed the sign and I was wondering why myself prior to Mr.
Knobboch speaking to me about, it was so large. I don't think
the applicant has met the, I was going to say the standard of
proof. But I'm not sure how the Board~is addressing this matter.
Is it addressing it as an area variance or is it addressing it,
in this particular instance, a use variance. Have you decided
yet? Or as you know, the requirements for a use variance, is
substantially greater than the area.
CHAIRMAN GOEHRINGER: Can I just ask you a question? Have
spoken to you at all concerning this application?
MR. BRUER: Not that I recall.
CHAIRMAN GOEHRINGER: Has your client had any problems with the
Building Department in reference to the type of signs that he has
erected there in reference to the wording on those signs or any-
thing of that nature?
MR. BRUER: He's right here.
CHAIRMAN GOEHRINGER: Have you have any trouble Kevin, in the Build-
ing Department concerning the wording on the signs or something?
MR. BRUER: His own sign?
CHAIRMAN GOEHRINGER: His own sign on his property.
MR. BRUER: Nothing in writing.
Public Hearing - r astelli
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Do you want to clarify that for us. Because
I have a particular problem with understanding this application and
maybe you could help me clarify it.
MR. KNOBBOCH. Sure. ~Originally, Victor Lessard didn't like the
wording Kevin Knobboch, Lawn Care because that's not (quote unquote)
considered an agricultural operation. That is the name of my opera-
tion as far as lawn and maintenance. It's 6% of my total volume.
Therefore, I'm not going to be changing the name of my operation
under those circumstances. As far as, Vic had mentioned the wording
but that was it.
CHAIRMAN GOEHRINGER: I thank you. Do you want to continue?
MR. BRUER: I don't want to prolong the hearing. I think I made my
point subject to further comment. I don't think the gentleman, un-
der the circumstances has suffered a real injury. I'm saying, I
know it's a lot of money. But weighing the balance of the neighbor-
hood, the signs and so on and so forth, I don't think 35 hundred dol-
lars under this circumstance is so substantial that a variance should
be granted. I looked at the application. It doesn't talk about
uniqueness. It doesn't talk about the area. You remember, this is
an agricultural area. It does change the character of the neighbor-
hood because the measuring of the signs you will find that the other
signs do comply. Thank you.
CHAIRMAN GOEHRINGER: Thank you. Mr. Munzel.
MR. MUNZEL: First of all, it is fairly obvious that this is not a
use variance because signs are an allowed use and this is a sign.
If anything, it's an area variance. I would also state that this
is one of the ways that theoretically~ comply with the ordinance is
simply take a chainsaw and go up the sign and split it twice and
make three little signs out of it. That would give you three signs
at 72 square feet. I don't think that would be aesthetically pleas-
ing. Although, it may conform with the ordinance. I think perhaps
I'm prejudice, but frankly, it's the nicest sign in the area. It's
most artistic. It's well layed out. It does not obstruct anybody
else's sign. And I think, quite frankly, is a credit to the neigh-
borhood. I wish some of the other signs would be as nice. Thank ~
you.
CHAIRMAN GOEHRINGER: Thank you.
like to say anything?
Is there anybody else who would
MR. HRUER: Just one more comment. Speaking in particular on behalf
of my client and his property in relationship to the applicant's
property, it has to be understood that they are in competing busi-
nesses. No question about it and I don't think that's .... I think
my client would be happy to be able ko say alright, let me have a
sign as big as he and he'd be happy with it. But that's really not
in conformity with the spirit of the neighborhood again. Getting
back to what I was just trying to say, the property comes in and
they have a common right-of-way access. And as such, in the way
Pa~e 5 - October 8, ~7
Public Hearing - Mar~'Castelli
Southold Z.B.A.
MR. BRUER (continued):
that sign is layed out, it really, if you look at it, dominates
that spot and unfairly takes advantage of the other properties
in the neighborhood, particular a competing property. It is a
dominant sign. Thank you.
CHAIRMAN GOEHRINGER: Is there anything else that would like to
be said? Ok. Hearing no further comments, I make a motion clos-
ing the hearing, reserving decision until later.
Ail in favor - AYE.
Southold Town Board of Appeals
MAIN ROAD- E~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
August 24, 1987
John J. Munzel, Esq.
548 Roanoke Avenue
Riverhead, NY ll901
Re: Application of Mario Castelli
(Variance)
Dear Mr. Munzel:
This letter will confirm our telephone conversation
with Mindy today requesting the following:
(a) exact sign location~ size and all setbacks to
be depicted on the enclosed original surveys and returned;
(b) certified and postmarked Certified Mail Receipts
of Mailing of August 21, 1987;
(c) confirmation as to the height, dimensions and
wording of sign as exists, and whether it is a single-
faced or double-faced sign.
We expect that the public hearing on this matter will
be held at our September lOth (or 17th) Regular Meeting,
and confirmation will be sent to you at a later
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures (Surveys) By Linda Kowalski
Southold Town Board o£Appeals
MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Notice of Determination of Non-Si~qnificance
October 8,
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLAILATION
1987
APPEAL NO.: 3663
PROJECT NA~: ~4ARIO CASTELLI
This notice is issued pursuant, to Part 617 of the implementing
regulations pertaining to Article 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
cant adverse effect on the
below.
the within project not to have a signifi-
environment for the reasons indicated
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: [ ] Type II IX] Unlisted [ ]
DESCRIPTION OF ACTION: Approval. of sign as exists of excessive
size in this "A-40" Residential and Agricultural Zone
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North ~oad (C.~. 48), Peconic, NY
1000-69-4-1.3
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 property in question is.not located within 300 feet
of tidal wetlands or other critical environmental areas.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals}[i, Secretary,
Southold Town Board of Appeals, Town Hall~ Southold, NY 1].971; 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
pr( s by Forever Green."
Legal Notices f' ciaWfProperty: South Side
~of Nort~ Road (C.R. 48), Pecan(c,
~ /NY; County Tax Map Parcel No.
[ 1000-69-4-1.3. /
NOTICE OF HEARING x~ 8:10 p.m. Appl. No. 3653 -
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town L~w and the Code of
the Town ofseuthold, the follow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeting at the Southold Town
Hall, Main Road, Seuthold, New
York, on THURSDAY, OC-
TOBER 8, 1987 at the following
times:
7:35 p.m. Appl. No. 3651 -
DEAN KAMEN. (Recessed
from 9/10/871.
7:40 p.m. AppL No~ 3592 -
BENTE SNELLENBURG.
I Recessed from 8/20/87).
7:45 p.m. AppL No. 3668 -
GERARD C. KEEGAN. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.1(C)
for approval of constructhm of
fence in the easterly frontyard
area at a height of six feet. Loca-
tion of Property: West Side of
Founders Path and East Side of
Hobart Road, Southold, NY;
County Tax Map Parcel No.
1000-64-4-10; Founders Estates
Lot 39.
7:50 p.m. Appl. No~ 3657
CLYDE FRITZ. Variance to
the Zoning Ordinance,-Article
III, Section 100-31 for approval
of insufficient Jot area, width
and depth of two proposed par-
cels fronting along the westerly
side of Cedar Lane, Southold,
· NY; County Tax Map Parcel No.
1000-78-7-45A, containing a
total area of .694 of an acre.
:55 p.m~ AppL No. 3663 -~
RIO CASTELLI. Variance )
he Zoning Ordinance, Article /
, Section 100-30 for approval %
sign as exists of excessive size (
this "A-40" Residential and ~
cultural Zoning District }
advertising"Landscaping & ./
NORTH ROAD ~ AS-
SOCIATES. (Recessed from
8:15 p.m. Apph No. 3593 and
No. 3659 - QUIET MAN INN.
(Both hearings recessed from
9/10/87L
8:25 p.m. AppL No. 3664 -
ANA G. STILLO. Variance to
rescind prior decision rendered
under Appeal No. 3562 on De-
camber 11, 1986 for a condi-
tional approval under New York
Town Law, Section 280-a, and
deleting Condition No. 2 of prior
decision rendered under Appeal
No. 3619 on April 2, 1987, and
as an alternative being subject
to New York Town Law, Sanc-
tion 280-a over the existing
right-of-way approximately 100
ft. ti) the east of the subjeact
right-of-way (approved or to be
appeared and accepted by tile
Planning Board for this set-off
division nf landl, located along
the north side of Main Road,
Orient, NY; County Tax Map
District 1000, Section 14, Block
2, Lot 26 and Lot 12,2.
8:35 p.m. AppL No. 3670
ROBERT H. FREY. Variance
to the Zoning Ordinance, Article
X[, Section I00-119.2 for perm(s-
sion to locate ()pen deck con-
struction with an insufficient
setback from existing bulkhead
at Harbor Lights Estates, Sec-
tion I, Lot 10, Southold, NY;
C6unty Tax Map Parcel No.
1000-79-04-08.
8:45 p.m. AppL No. 3669 -
MICHAEL AND ELIZABETH
LADEMANN. Variances to the
Zoning Ordinance, Article lit,
Section 100-31 and Article XI,
Section 100-119.2 for permission
to locate new dwelling with in-
sufficient setbacks from the
northerly front property line
along a private aI~[l- -of-way
and from the near~gvetland
grasses, premises known and re-
farted to as Lot No. 1, Map of
Blum and Littell, located along
the East Side of Stillwater Ay-
enue, Cutehogue, NY; County
Tax Map Parcel No, 1000-103-1-
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted rtor to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: September 28, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHIilNGER,
CHAIRMAN
Board Secretary
ITOI-5726
STATE OF NEW YORK
! SS:
COUNTY OF SUFFOLK )
Christina ContentoofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for_~. ....
weeks successively, commencing on the [
day of Octoho~ ...... 19 87
Principal Clerk
Sworn to banlore me this ~i_
day of . r .... '19.~7
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of SouthoM, the
following hearings will be held
by the ~
BOARD OF APP~
ttggular Meeti~ at the south01d
Town Hall, Main Road,
Southold, NY Ga THU ~DAY,
OCTOBER 8. 1987 atone
following times:
7:35 p.m. AppL No. ~651:
~N-._.K.bJ~. (Reeessed
from 9/10/87). ¢ -
7:40 p.m. Appl. No. 3592-
BENTE ' SNi~LLENBURG.
(Recessed fmn~ 8/20/87).
7:45 p.ra. ~.qppL No. 3668-
GERARDV C. REEG~N.
Variance ~ the Zoning ~Dr-
dinance, Article Xl, Se~on
100-119.~(C) for approval of con-
struction of fence in the easter-
ly frontyard area at a height of
six fcet~ Location of Property:
West Side of Founders Path and
Ea~ ~Side_0f~ Hobart Road,
Southold, NY; County Tan Map
Parcel No. I000-64-~LI0;
Founders Estates Lot 39.
7:$0 p.m. AppL No. 3657-
CLYDE FRITZ. Variance,to the
Zoning Ordinance, Article III,
Sectfon 100-31 for approval of
insufficient lot area, width, and
depth of two proposed parcels
fronting along the westerly side
of Cedar Lane, Southold, NY;
County Tax Map Parcel No.
1000-78-7-45.1, containing a
total area of .694 of an acre.
tMoh55 p.m. Appl. No. 3663-
RIO CASTELLI. Varianc~N
e Zoning Ordinance, Arti-I
cie Ill, Section 100-30 for ap-]
proval of sign as exists of ex-
cessive size in this "A-40"
Residential and Agricultural
Zoning District and advertising
"LandSCaping & Sprinklers by
Forever G~n." Location of
Property: South Side of North
Road (C.R. 48), Peconic, NY;
County 'Fax Map Parcel No.
~,~..~000-69-4-1.3
:10 p.m; Appl No. 3653-
NORTH ROAD ASSOCIATE~.
(Recessed fl~m~
8:15 p.m. AI~L NO, 3593 and
No. 3659- QUIET~M~N INN.
. ,,water Avenu
Cnogue, Ny: ~' e, Cut-
Parcel No ;^~OUnty Tax MaG
The Bo; L °'103'l'lg.6.
hear A. .a.ro of Appeals wil
PerSOns or '~"re[~ --u. place all ·
lng to be ~ ~ .entatlves des r~
abo~ -- . -~aro m each of th*
not Start befo.~ .~ , .w.~nng
ted. Wr/tte,, ~tne time allot-
submitted pr/or to the COnclu.
Sion of the subject hearing FOr
more information, plea '
765-1809. se call
Dated: September 28, 1987
BY ORDER OF THE
SOUTHOLD TOWN
GERARD p o~--- ALS
BOARD OFAppE .
,. ¢CHAIRMAN ~
~mda KOwalski, ~ I
COUNTY OF SUFFOLK
ss:
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 Trav, eler-Watchman
once each week for .........................../ weeks
successively, commencing on the ........... /. .........
Sworn to before me this 5~ day of
...... .........
Notary Public
BARBARA FORBES
Notary l~ubl/e, State of New York
No. 4S06~6
Qualified in Su££ulk County
Commission Expires ~e~ -~ / 1~ /'aP
,JOHN d. MUNZEL
August 21, 1987
Zoning Board of Appeals
Town of Southold
Main Road
Southold, New York 11971
Dear
Re:
Sir/Madam:
Application of Mario Castelli for sign variance
Dist. 1000 Sect. 069.00 Blk. 04.00 Lot 001.003
Enclosed herein please find the following:
1. Copy of Notice of Disapproval
2. Application in triplicate
3. Short Environmental Assessment Form
5. ZBA Questionaire
6. Four prints of survey
7. Copy of Building Permit
8. Copy of Deed
9. Tax Map
10. Check for $150.00 to cover the filing fee of application
If all is in order, please process application accordingly
and notify us of the hearing date as soon as practicable.
If you should have any questions, please do not hesitate to
contact this office at the above address. ~nd number.
Thank you for your courtesy and co/~e, ration in this matter.
Verily· yours,
JJM: mmc
Encs.
cc/Mario Castelli
LAW O~FICE$ Of
JOHN J. MUNZEL
S~ ROANOKE AVENUE
AFFIDAVIT OF MAILING
STATE OF NEW YORK)
)ss.:
COUNTY OF SUFFOLK)
Mindy M. Clay, being duly sworn, deposes and says:
Deponent is not a party to the action~ is over 18 years of
age and resides at Manorville, New York.
That on the~/~ay of August, 1987, deponent served a copy
of the within Notice to Adjacent Property Owner by Certified Mail
by delivering a true copy of same enclosed in a post-paid wrapper,
by certified mail, in an official depository under the exclusive
care and custody of the U.S. Postal Service within New York State,
addressed to each of the following
address set forth after each name:
SEE ANNEXED LIST
Sworn to before me this~/
day of August, 1987.
persons at the last known
MINDY M~. CLAY /
/
Public, Stero of N~w
No. 4814500
JOHN J MUNZEL
Julia Sepenoski
Peconic, NY 11958
Henry Goetz
148-22 9th Ave.
Whitestone~ NY 11357
Richard Noncarrow
3095 Pinetree Road
Cutchogue, NY 11935
Alan Gould
124 Split Oak St.
East Norwich, NY
11732
Verna Fitzpatrick
Mechanic St.
Southold, NY 11971
Kevin Knobloch
P.O. Box 261
Peconic, NY 11958
Kevin Knbloch
P.O. Box 261
Peconic, NY 11958
Helmut Hass
35450 County Rd. 48
Peconic, NY 11958
Mr. & Mrs. Gerald Gralton
Middle Road, Box 153
Peconic, NY 11958
Ruth Enterprises Inc.
325 Willow Point Rd.
Southold, NY 11971
Suffolk County
DPW, Yaphank, NY 11980
Mr. & Mrs. Louis Walters
Box 101
Peconic, NY 11958
LAW OFFICES OF
JOHN J. MUNZEL
5~8 ROANOKE AVENUE
RIVERHEAD. NEW YORK
Florence Wicks
iBox 314
iSouthold, NY 11971
Mr. & Mrs. John L. Bednoski,
34570 CR 48, Box 145
Peconic, NY 11958
William Buckingham, Est
C/O William Midgley, Jr.
Cutchogue, NY 11935
Barr Vineyard Ltd
Box 287
Cutchogue NY 11935
Jr.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~ the Petition of
Iq lh~ BVatd *d Appeals of It1(' lows of %oulbold
TO:
NOTICE
TO
ADd ACENT
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 ~ (Special Exception) (Special Permit) (Other) [circle choice]
cribed as follows:2' That the property! ~-'LJ()which- ~is~hel_7 s~ j.~ec t ofl~,~the Petition ih located adiacent to your property and is des-
3. ]hal the prol~ert~ which is t.h,e subii~ct of soch Petition is located in the following zoning district:
4 Ill.il b~ suti~ Pelili~m. Ih(' undcrsignrd will request Ibc h)lh)wif~g relief: '~
5. 'lhal the provisions of fl~e ~outhold lown Zoning Code a~pii~able to the relict sought hy lhe under-
[ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-uay.
6. That within five days from the date he,eof, a written Pelition requesting the relief specified above will
'befiledin theSouthold Town Clerk's Officeat Main Road Southold. New York and you may then and there
examine lt~e same during regular office hours (516) 7~5-1809.
7. I-hat before the relief ~ought 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
lown 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.
Owners'Names:
Post Offic~ Address
PROOF OF MAILING OF NOTICE_
ATTACH CERTIFIED MAiL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
, 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-
fice at .......... ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
day of
,19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners,)
(a) Xn order %o answer tho quostion~ in thiD short CA:" ia lo o;g~mgd that the
preparer will u~e currsn~ly availabl~ ~nfo~n'~tlon concocting tho prefect and
(b) If any question baa been answered 'fe~ thn project ~'ny be r~.fnif/~ant and a
cement%ed gnvircr~.ental Assessment Fo~ i3 neccssa~l'.
not a~gnif%can%.
1, W~I ~rojgct ros~% In a large phy~lcai
~, Will %hero b~ a ~3or chnng~ %o any un%quo or
unu=a-~ land fo~ found on tho slt~? , · , Yo~ /
3. W~i ~:'oJcc% al%or or have a lar6u uff.~.:t~c.n
an exls%lnS body of wa%ur? , ...... lc: /
g. W~! ~rcJec% have a potentially lax'gu ivpacb on
5. W~i ~.oJect-- ~t~ificaatly. gffcct draJna~'o~ .~_c./-
-plan~ sr ani~%% species'? . · . ..... __ Y~;, /
8, W~I ~rc3ec% hava'a ~.a3or effect cn vi~ml char-
kno~.~ :o bo L~portan~ %o tho co;n~uni%y'; , . , --__ Ye~
ufo of his~orl¢~ pro-his%or,c, or pul~ontolcglcs!
~zDor%nnca or any site designated as e critl~al
onv%r:amcn~l area by a local agency? . . , Yo~ .~
10. W~l project have a ~3or effect on ex!u~.~ or
future recreational opport.~itio~? , · , __ Yc~
Will ~rojoct result' in ~J~r trnfflc prcblean or
cauce a major effoc~ to existing t. ran:?ortatlon
12. Will project rog~ar!7 cause objactiona[!e cdor~:,
1), WI._ ~roJect have any i~npact on public health or
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH Y~UR APPLICATION FORMS TO THE 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
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals, to change, or alter land contours? Yes ~
2.a)
*b)
3.
4.
5.
Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by Yes
Town Code, Ch. 97 for your reference.) N~
Are there any areas open to a waterway without bulkhead? Yes
Are there ex~sting structures at or below ground level, Yes
such as patios, foundations, etc?
Are the~e any existing or proposed fences, concrete ./.Z~.~
barriers, decks, etc? Yes
If project is proposed for an accessory building or ~_~
structure, is total height at more than 18 feet above Yes
average ground level? State total: ft.
If project is proposed for principal building or
structure, is total height at more than 35 feet above Yes
average ground level? State total: ft.
Are there other premises under your ownership abutting
this parcel? If.yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under your ownership,'if any)?
State Permit # and Nature:
Yes No
lO.
ll.
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board Yes ~
Town Board Yes
Town TrUstees Yes
County Health Department Yes
Village of Greenport Yes
N.Y.S.D.E.C. Yes
Other Yes
Is premises pending a sale or conveyance?
If yes, please submit copy of namgs or purchasers (~
and conditions of sale.(from contract). Yes
v
Is new construction proposed in the area of contours (~[-~
at 5 feet or less as exists? . ~ N(
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
the requirements of Ch. 97 of the Town Code?
13. Please list present use or operations conducted
subject property at this time ~.]~.*~,~_~
and proposed ~- ~
*Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
re l ~A ~9~ '
iance b th~ Board of A peals in considering my application.
SigiT3-~6~re I(Property ~.~lr) (Authorized Agent)
Yes
u&on the
3/87 l k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of tho Town of
Southold. [Added 6-5-84 by L.L. No. 6-1984]
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(I) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, which at mcan low tide
are covered by tidal watcr~ to a maximum dep?.h of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
Iow lying lands subject to tidal action;
(2) All banks, bogs, meadows, fiats ami tida! marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of thc mo:~t hmdward
edge of such a ti(Iai wetland.
FRESttWATEP. WETLAN DS:
(1) "Freshwater wet]ands" as defined in Article 2,1,
tlc 1, § 24-0107, Subdivisions l(a) to lid) inclu.~;ivc,
of the Environmental Conservation Law of tho State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection i~(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "fl'eshwater wetland."
9705
Telephone
516-765-1937
Tax Map Number
68-4-18
68-4-19
68-4-20
69-1-1.3
69-4-1.1
69-4-1.2
69-4-1.4
69-4-2.1
69-4-2.2
69-4-3
69-4-4
74-3-1.1
74-3-2.1
75-1-1.1
BOA ORS
Sot
Boundary Owners
Within 500 Feet Ra~i~
for
Castelli
1000-69-4-1.3
JUL 3 $1987
Owner & Address
Julia Sepenoski
Peconic, NY 11958
Henry Goetz
148-22 9th Ave
Whitestone, NY 11357
Richard Noncarrow
3095 Pinetree Road
Cutchogue, NY 11935
Alan Gould
124 Split Oak St
East Norwich, NY 11732
Verna Fitzpatrick
Mechanic St
Southold, NY 11971
Kevin Knobloch
P.O. Box 261
Peconic, NY 11958
Kevin Knobloch & Ano
P.O. Box 261
Peconic, NY 11958
Helmut Hass
35450 County Rd 48
Peconic; NY 11958
Gerald Gralton & Wf
Middle Road, Box 153
Peconic, NY 11958
Ruth Enterprises Inc.
325 Willow Point Rd
Southold,NY 11971
Suffolk County
DPW, Yaphank, NY 11980
Louis Walters & wf
Box 101,Peconic, NY 11958
Florence Wicks
Box 314
Southold, NY 11971
75-1-1.2
LONG ISLAND RAILROAD
75-1-6
75-1-20
John L Bednoski Jr
34570 CR 48, Box 145
Peconic, NY 11958
William Buckingham, Est
C/O William Midgley Jr
Cutchogue, NY 11935
Barr Vineyard Ltd
Box 2&7
Cutchogue, NY 11935
TO[VN OF SOUTHOLD
EAF
ENVIRO;IHENTAL ASSESSMENT :'PART Z
Pro~ect Information
NOTICE: This docu~nt (- desk?ned to assist in determining whether the action p~oposed may have a significant
effect on the er~vlecq,~nt. Please com~.lete the entire Data Sheet. Answers to these questions will be considered
as oart of the ~)ication for apl)royal and may be subject to further verification and.~ublic review. Provide
any additional ln~or,m~ion you believe will be needed to complete PARTS 2 and 3.
)t is exoecteo that co,~ol~.tion of the EAF will be dependent on information currently available and will not
involve new studies, research or investiqation. If tnfor~ation requirina SUCh additional work is unavailable,
so indicate and s~ecify each instance. ·
NA~IE OF PROJECT:
AOO~ESS ANn NAME OF APPLICANT:
{Zip)
NAME AND~ADORESS OF OWNER (If Different)
(Name) '
{P.'~d ' (State) {Zip}
BUSINCSS PHONE:
OESCRIPTIO~ OF PqOJECT: (Briefly describe type of broJect or action)
(PLEASE COMPLETE EACH QUESTION - Indtcate M.A. if not applicable)
SITE DESCRIPTION .
(Physical setting of overall project, both develoned and undeveloped areas)
1. General character of the land: Generally uniform slop Generally uneven and rolling or irregular
~. ~_n~Jent land use: ~U~an , Industrial , Co~mnercial , Suburban Rural Forest
:~, Agriculture~)(.. , Other '" " -'
3.Total acreage of project area: / acres.
Presently After Completion
Approximate acreage:
Meadow or Brushland
Forested
earth or fill)
Roads, buildinQs
~oricultura!
'l~tland (Freshwater or
Tidal ~s net Articles
~4 -c r.C.L.)
Other (indicate tyne)
soil type{s) on nrolect site? ---.~--~4·J').J.____
Presently After Completion
acres ___ac~es
Approximate oercentape of proposed oroject site with slooes: 0-10:~I~: 1A-I~
greater. %.
:; 15~ or
Is project contiguoq~/to, or contain a buildinn or site listed on the National Register of Historic
Places? Yes ~No '
8. What is the depth to the water table? _.. feet
g. Do hunting or fishing opportunities presently exist in the project area? Yes
10. Ooes project site cont~n/~ny species of plant or animal life that is identified as threatened or
endannered - 'Yes ~Io, according to - Identify each species -
11. Are there any unique or un4~l~Jal land forms on the project site? {i.e. cliffs, dunes, other geological
formations - . Yes /~No. (Describe
/
12. Is the project si~e~resently used
area - Yes 7 No. by the con~nunity or neighborhood as an open space or recreation
13. Does the p ,rm~oSite offer or include scenic views or vistas known to be important to the co~nunity?
Yes
14. Streams within or contiguous to project area:
a. Name of stream and name of river to which it is tributary
15. Lakes, Ponds, ~etland areas within or contiguous to project area:
a. I(ame ; b. Size (in acres)
16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project {e.g.
single family residential, R-2) and the scale of development (e.g. 2 story). ~L.~._~F~.~S~ ~_~_~l
B. PROJECT DESCRIPTION
). Physical dimensions and scale of project {fill in dimensions as appropriate)
a. Total contiguous acreage owned by project sponsor /~ acres.
b. Project acreage developed: acres initially; __ acres ultimately.
c. Project acreage to remain undeveloped
d. Length of project, in miles: (if appropriate)
'~-~ If project is an expansion of existing, indicate percent of expansion proposed: building square foot~
f. )lurer of off-str~et parking spaces existin~ ; proposed
g. Maximum vehicular trips generated per hour ~upon completion of project)
h. If residential: Number and type of housing units: /~)~_
~ne Family TWO Family Multiple Family Condominium
Ultimate
If: Orientation
;!eig~bornooa-City-Regional
ConTnerclal
Estimated Employment
Industrial
J. Total he)g~t of tallest ~ronosed Structure ~/~ feet.
-2-
How much natural material (i.e. rock, earth, etc.) will be removed fro~ the site - Yt~{~ir tons
/
cubic yards.
3. How many acres of veqetation (trees, shrubs, ground covers) ~ill be removed fro~ site - acres./~/~
4. Will any mature forest ~ver 100 years old) or other locally-important vegetation be removed Dy tn~s
project? Yes
5. Are the re any plans for re-vegetation to replace that removed during construction? __Yes
6. If single Dbase project: Anticipated period of construction months, (including demolition).
7. If multi-phased project: a. Total'number of phases anticipated No.
b. Anticipated date of commencement phase I month year ~!ncluding
demolition)
c. Approximate completion date final phase month year.
d. Is phase I financially dependent on subseouent phases? __Yes NO
B. Will blasting occur during construction? Yes ~
g. N~m~ber of jobs generated: during construction__; after project is complete
lO. Number of jobs eliminated by this project__ y/r)/~
ll. Will project require relocation of any projects or facilities?
1Z. a. Is surface or subsurface liquid waste disposal involved?
b. If yes, indicate type of waste {sewage, industrial, etc.)
13.
14.
15.
16.
17.
18.
lg.
Yes __~No. If yes, explain:
Yes
c. If surface disposal name of stream into which effluent will be discharged
Will surface area of existing lakes~l)onds, streams, bays or other surface waterways be increased or
decreased by proposal? Yes ~No.
./
Is project or any portion of project located in the 100 year fl,.do, plain? Yes ~, No
~X
a. Does project involve disposal of solid waste? Yes
b. If yes, will an existing solid waste disoosal facility be used? __Yes )~o
c. If yes, give name: : location
d. !lill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes
Will prnject use herbicides or pesticides? Yes ~No
Will project routinely produce odors (more than one hour oer day)? Yes '~'No
Will project produce operating noise exceeding the local a~bience noise levels?
4ill project result in an increase in energy use?
Yes
Yes ~No. If yes, indicate type(s) --
ho
20. If water supply is from wells indicate pumping capacity
2). Total anticinated water usage per day pals/day.
22. Zoning:
gals/minute. ~/~
_
Current specific zoning classificat,on of sike /~ ~-/~ ~.~i I ~ /
If no. indicate desired zo~,nq ~~
26.
Is any Federal pe~it required? Yes ~ No
Does project involve State or Federal funding or financing? ---
c. Local and Regional approvals:
Approval Required
(Yes, No) (Type)
Submittal Approval
{Date) (Date)
City, Town, Village Board
City, Town Villaqe Planning Board
~'*~it~, Town, Zon~n~ Board
~,, County ~altn uepart~nt
Other local agencies
Other regional agencies
State Agencies
Federal Agencies
INFOR>K~TIONAL DETAILS
REPRESENTING:
DATE:
e needed to clarify your projeJt. If there are or may be any
l, please discuss such i~pacts and the ~asures which can be
-4.
DISTRICT
1000
SECTION
069.00
BLOCK
04.00
LOT
00~.003
!017.4' 25 s?ao
~ D~DF~ m~ the ~-~y .! October , m~ hua~/ .,a eighty-six
ROBERT GUARRIELLO, residing at (No %) Main Road,
Southold, New York 11971
F~RIO CASTELLI and CAROLE CA~TELLI, his wife,
both residing at 380 Garden Court, Southold,
New York 11971
. .W~.. ~, that the par~ of ~ ~t ~, in ~si~ o~ T~ ~l~s and ~h~ v~ble ~ide~on
~d by t~ ~ o~ ~e ~nd ~n, ~ ~by g~ and ~ ~to ~ ~y o[ ~ ~nd ~n, ~ ~rs
or su~ and ~si~s o{ t~ ~ of t~ ~nd ~ Ior~, his undivided one-half interest
~~ at Pecon~c, ~own of Southold, County of
Sta~e of New ~ork, more particularly ~unded and described as
fo 1lows:
BEGINNING at a point on the southerly side of Middle Road (C.R. 48)
said point being where the ngrtheast corner of land of Case inter-
sects the said southerly side of Middle Road, and from said point
of beginning
/
RUNNING THENCE along the sou(herly side of Middle Road, North 60
degrees 49 minutes 30 second~ East 184.08 feet to a point;
RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 245.34
feet;
RUNNING THENCE South 60 degrees 49 minutes 30 seconds'West 177.51
feet to land of Case;
RUNNING THENCE North 26 degrees 59 minutes 40 seconds West 245.00
feet to the point or place of BEGINNING.
SUBJECT TO a right of way 15 feet wide along the easterly boundary of
the subject premises for purposes of ingress and egress and utility
service to lands located south of the subject premises.
BEING AND INTENDED TO BE the same premises conveyed to the party of
the first part and Mario Castelli and Carole Castelli, his wife, by
deed dated July 12, 1985, and recorded in the Suffolk County Clerk's
Office on July 23, 1985, in Liber 9836 page 238.
The above described premises are not encunLbered by a credit line
mortgage.
Robert 'Guarriello
lSVaO
10174 26
On ~e T' --day of October 1986 , before me
to me known to be the individt~l described in and who
he ~ecuted the ~'ne. ~ ~
/ ~'[ Notary Publ~ I -
On the day of 19 , before me
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
~t be is the
, the corporation describe~
in ~d which e~ecuted the foregoing instrument; that he
knows the seal of said corporation; that the se~l ~fflxed
to said instrument is sue~, corporate seal; that it wq so
~ffixed by oeder of the board of directors of said corpora-
tion, sad tl~t he sig'aed h r.~me thereto by like order·
On the cLxy o( 19 , belore me
personally came
to me known to be the indivldu~l described in and who
executed the foregoing instrument, and acknowledged that
STATE O~ NEW YORK, COUNTY OF ss:
On the d~y of 19 , hefore me
persorally came
the subscribing wkness to the forego?ng instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides st No.
that hc knows
to be the individual
described in and who executed the foregoing instrument;
that he. said subscribing witness, was present mhd saw
execute the same; and that he, said witness,
· t the s~ne time subscribed h name ~s witness thereto.
TtT~E No.
ROBERT GUARRIELLO
TO
MARIO CAS~ELLI and CAROLE CASTELLI
First American Title l~urar, ce Company
of Ne~o York
J. KEVIN McLAUGHLIN
Attorney at Law
P.O. BOX 803
GREENPORT, ~.Y. 11944
fi)
MILL
RD
COUNTY OF SUFFOLK Tow. o~:S~UTHOLD
~4. County Center IJDISTRICT"O:'IO00
Property Tax Service Agency
R~erhead L New York
074
PROPERTY MAP
Legend
L
Legend
(~) COUNTY OF SUFFOLK !~,~% S~OUT-HOL-D J
Real Properly Tax Service Agency lVL~L*~OF ~
~ Rwerhead L I New York ~-'-' ~
068
PROPERTY MAP
h'IAR OF PF2.0PE "F' ¢'
;AT'
P. ECEJ:NJ~ ,
SUFFOLK CO. HEARTH DEPT. .~/~1~ O¥~,L ~,
.. s, NO.C
WAT~;kSU~k
*~Y~EMS FJ~r THIS RESIDENCE
SUFFOLK 'CO, DEPT. OF HJ
~,UFFOL,K ~OUNTY' ' DEPT. OF
;ERvICE$ - FOR APPROVAL
RUCTION ONLY ' '
H. S. REF. NO.: G I,O,- ~ ....
D: L, P.-
. t~IDDLE
/76
IN ANY M~NE~ T~T W~ ~LT I~
/ 72
/ 71
'NAP ,,OK ~'PP,:O P E'?---T",7'',