HomeMy WebLinkAbout3671 o�5�FF0(A��O
Southold Town Board of A
PPeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3671
Application Dated September 14 , 1987
TO: Abigail A. Wickham , Esq . [Appellant (s) ]
Wickham , Wickham & Bressler , P . C .
as Attorneys for ANDRE J . & THOMAS A. CYBULSKI
Main Road , Box 1424
Mattituck , NY 11952
At a Meeting of the Zoning Board of Appeals held on January 14 , 1988 ,
the above appeal was considered, and the action indicated below was taken
on your
[ X] 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 Variance to the Zoning Ordinance
Article III , Section 100- 30 (A)
[ ] Request for
Application of ANDRE AND THOMAS CYBULSKI . Variance to the Zoning
Ordinance , Article III , Section 100- 30A for permission to utilize
premises for book-publishing operations , wholesale book storage , and
updated 280-A approval over existing private right-of-way for such use .
Zone District : "A" Residential and Agricultural . Location of Property :
West Side Depot Lane , Cutchogue , NY , District 1000 , Section 96 , Block
5 , Lot 1 . 2 and part of I . I .
WHEREAS , public hearings were held on November 10 , 1987 and
December 10 , 1987 in the Matter of the Application of ANDRE AND
THOMAS CYBULSKI under Appl . No . 3671 , and
WHEREAS , at said hearings 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 a 5 . 4867-acre parcel of land
located off the west end of a paper right-of-way extending 187 .0
feet off the west side of Depot Lane , Cutchogue , and more parti -
cularly known and identified on the Suffolk County Tax Maps as
District 1000 , Section 96 , Block 5 , Lot 1 . 2 .
2 . The subject premises is located in the "A-80 " Residential
and Agricultural Zoning District and is improved with four storage
buildings with sizes and setbacks as shown on the March 11 , 1987
Survey Map prepared for the applicants by Young & Young Surveyors .
3. By this application , the appellants request Variances :
(CONTINUED ON PAGE TWO )
DATED: January 14 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl . No . 3671
Matter of ANDRE & THOMAS CYBULSKI
Decision Rendered January 14 , 1988
(a ) for permission to establish a book-publishing operation
and wholesale book storage in the most northeasterly frame barn
structure using a total floor area of 2641 sq . ft. for printing ,
finishing , office and uses incidental and customary to the book-
publishing operation , and the remaining 3683± sq . ft. of floor
area for wholesale book storage ; and
(b ) for approval of access under New York Town Law , Section
280-A for the uses requested over a 15 . 0 ft . wide by 187 . 0 ft.
right-of-way .
4. For the record , it is noted :
(a ) that the subject barn is of wood-frame construction ;
(b ) the second barn is also of wood-frame construction
and contains a total area of 3717± sq . ft . ;
(c ) the third barn is of corrugated metal construction
and contains a total area of 3614± sq . ft . ;
(d ) the subject premises has up until 1987 been used
as a conforming commercial agricultural use ;
(e ) by prior Appeal No . 1783 and Planning Board action
during September 1980 , the subject premises was separated from an
. 692±-acre parcel [adjoining this parcel and referred to as Tax
Map Lot No . 1 . 1 ] .
5 . It is also noted for the record access to the subject
buildings has for many years been over and through the adjoining
Cybulski lot (Lot No . 1 . 1 ) and not physically over the requested
right-of-way to the north of the adjoining house ( Lot No . 1 . 1 ) .
6 . Properties to the north (along the Long Island Railroad )
are zoned "C-Light Industrial " ; along the east side of this
property at the north end " B-Light Business" a length of approxi -
mately 265 feet ; directly opposite Depot Lane both " B-Light
Business " and "A" Residential /Agricultural ; along the west and
south sides , "A" Residential /Agricultural .
7 . Although testimony was given as to the value of the
land and buildings by a local licensed real -estate broker and
appraiser , additional evidence is necessary to evaluation the
return of the property under the existing zoning .
8. It is the personal knowledge of this Board that the
current owners have discontinued their commercial agricultural
uses of the premises for economic reasons during 1987 a d the
"agricultural tax-exempt " status has been removed from the
town ' s assessment rolls .
9 . It is the position of this Board that although the
land in question is ideally suited for wholesale storage such
as that applied herein , except however , that it is not within
the best interests of the neighboring residences (and future
residences ) to conduct the publishing and printing uses in
the structure as applied , particularly due to the nonconforming
setback at five feet from the easterly property line (at its
closest point ) and noise . The principal building under the
Page 3 - Appl . No . 3671
Matter of ANDRE AND THOMAS CYBULSKI
- Decision Rendered January 14 , 1988
"C-Light Industrial " regulations ( 100-80B[6 ] ) and Bulk
Schedule is required to be set back 50 feet in the front
yard , 30 ft . minimum sideyard , 60 ft. total sideyards ,
and 50 ft . rear yard . Consideration of the most westerly
wood-frame building could be considered alternatively .
10 . In considering the request for approval of access ,
it is questionnable as to whether or not trailers and large
trucks will be able to obtain access over the 15-foot width
of the proposed right-of-way without disturbance to the
neighboring properties .
Accordingly , the Board also finds : (1 ) that it may not
grant the variances sought by the applicants until alternatives
are considered which would have less impact upon the neighboring
residential community and afford the minimum relief necessary ;
(2 ) the circumstances of this property are unique; (3 ) it
is presumed that the premises obtained a reasonable return
for the commercial agricultural use and has not been used for
residential purposes .
On motion by Mr . Goehringer , seconded by Mr . Grigonis ,
it was
RESOLVED , that the relief requested under Appl . No . 3671
in the Matter of the Application of ANDRE AND THOMAS CYBULSKI
BE AND HEREBY IS DENIED WITHOUT PREJUDICE .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis
and Sawicki . (Members Doyen and Douglass were absent . ) This
resolution was duly adopted .
1 k
GERARD P . GOEHRINGER , C AIRMAN
RECEIVED AND FILED BY
THE SOUT//HOLD TOWN CLERK
DATE /�Z9l�Y HOUR q'
Town Clerk, Town of Southold
NOTICE OF HEARINGS '
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code, of the Town of Southold , the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS,
at a Regular Meeting at the Southold Town Hall , Main Road ,
Southold , New York , on THURSDAY ; DECEMBER 10 ', '1987 at the
following times :
7 : 30 p .m. Appl . No. 3566 - THEODOSE TRATAROS and ERAKLIS
APODIACOS . Variance to the Zoning -Ordinance , Article III ,
Section 100-31 ,. Bulk Schedule , for approvalof insufficient
lot area of proposed Parcel #1 in this pending set-off
division of land located along the south side of the Main
Road , and. extending along the east side of Wiggins Lane ,
Greenport , NY ; County Tax Map District 1000 , Section 35 ,
Block 5 , Lot 3 , containing a total area of 3. 262 acres .
7 : 35 p .m . Appl . No. 3694 - THERESA CZECH. Variance
to the Zoning Ordinance , Article III , Section 100= 31 , Bulk
Schedule , for approval of the construction of open deck
with an insufficient rearyard setback from the east property
line at premises known as 150 Goldin Lane , Southold , NY;
County Tax Map District 1000 , Section 135 , block 2 , Lot 19 .
7 : 40 p.m. Appy. No. 3695 —HENRY J . SMITH & SON.
Special Exception to the Zoning Ordinance , Article VIII ,
Section 100-80 (B ) for permission to construct truck- storage
building in' this " C-Light Industrial " Zoning District at
premises known as 2740 .Peconic Lane , Peconic , NY; County
Tax Map District 1000 , Section 74, Block 2 , Lot 19.1 .
7 : 45 p .m. Appy. No . 3689 - PETER AND DIANE LUHRS .
Special Exception to the Zoning Ordinance , Article VII ,
Section 100-70 (B ) for permission to construct addition
for a repair station in conjunction with Special Exception
Permit #3161 rendered October 11 , 1983 , at premises known
as 45845 North Road , Southold , NY ; County Tax Map District
1000 , Section 55 , Block 02 , Lot 17 . Zone District : "B-1 .
7 : 50 p .m. Appl . No. 3691 - HOSNY SELIM. Variance to
the Zoning Ordinance , Article III , Section 100-32 and
Page 2 - Notice of �e4rings
Southold Town Board of Appeals
Regular Meeting - December 10 , 1987
Article XI , Section 100-119. 2 for permission to locate. inground
swimmin,gpool with decks and fence enclosure landward of
existing dwelling in the front yard and within T00 feet of
the Long Island Sound , at premises known as 855 Soundview
Avenue , Mattituck , NY; County Tax Map District 1000 , Section
94 , Block 01 , Lot 07 .
8 :05 p.m., Appl . No. 3696 RICHARD MASS. Variance to
the Zoning Ordinance , Article XI , Section 100-119. 2 for per-
mission to locate open wooden deck with a setback of less.
than 75 feet from existing bulkhead along canal , at premises
known as 50 Willow Point Road , Southold , NY; County Tax Map
District 1000 , Section 56 , Block 5 , Lot 25.'
8 : 10 p .m . Appl . No. 3676 -: ANTHONY ROBUSTELLI . Variances
to the Zoning Ordinance , Articles : (a ) III , Section 100-31
as to insufficient rear yard and side yard , and (b) XI ,
Section 100-119 . 2 as to insufficient setback from bulkhead
and ordinary highwater mark , and (c ) III , Section 100-31
as to excessive lot coverage , for the proposed construction
of a deck addition , at premises known as 5 Haywaters Road ,
Cutchogue , NY; Lot 23 and part of 22 , Peconic Bay Properties ;
County Tax Map District 1000 , Section 111 , Block 1 , Lots 19
and 18.
8 : 15 p.m . Appl . No. 3671 - ANDRE' AND PTHOMAS CYBULSKI .
Variance to the Zoning Ordinance , Article III , Section 100-30A
for permission to utilize premises for book-publishing
operations , wholesale book storage , and updated 280-A
approval over the existing private right-of-way for such
use . Zone District . "A Residential and Agricultural .
Location of Property : West Side Depot Lane , Cutchogue , NY;
D?strict 1000 , Section 96 , Block 5 , Lot 1 . 2 and part of I . I .
8:25 p .m . Appl . No . 3543 - PETER AND BARBARA HERZ .
Variances to the Zoning Ordinance, Article XI , Section
100-119. 2 for permission to locate new single- family
dwelling with insufficient setbacks from existing bulk-
head and from highwater areas along Midway Inlet and Hog
Neck Bay , premises known as 70 Cedar Point Drive , Southold ,
NY ; Cedar Beach Park Map , Part of Lots 152 and 110 , County
Tax Map Parcel No. 1000-90-02- 13 . 1 .
Page 3 - Notice of Hearings'
Southold Town Board of Appeals
Regular Meeting - December 10 , 1987
8 : 40 p. m. Appl . No . 3561 DOROTHY L . ROBERTSON.
Variances to the Zoning Ordinance , Article III , Section
100-31 , Bulk Schedule , for approval of the insufficient
lot area of two proposed parcels in this pending set-off
division. of land with frontage along the south side of
, North View Drive , the east side of Private Road and the
north side of South View Drive , Orient , NY ; County Tax
Map District 1000 , Section 13 , Block 1 , Lot 10 .
8 : 55 p m. Appy. No . 3686 - FREDERICK AND DIANE RHYMES .
Variances to the Zoning Ordinance ;' Articles : (a) XI ,
Section 100-119. 2 for permission to locate dwelling with
a .setback of less than 75 feet from existing bulkhead along
Gull Pond Inlet , (b) III , Section 100-31 , for permission
to locate dwelling with an .insuffi.cient frontyard setback ,
at premises known as 704 Wiggins Lane , Greenport , NY;
County Tax Map District 1000 , Section 35 , Block 4 , Lot 19.
The Board of Appeals will hear at said 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 : November 18 , 1987 . BY ORDER OF THS SOUTHOLD TOWN
BOARD-OF 'APPEALS
GERARD P . GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
--------------------------------------------------------------- x
l FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . Date . . . . . A4.1. . pzo . . . .. 19 3 . . .
Q :
JA . . . . .��.RR. .. . . . . .R. . . . . . . .
. . .
PLEASE TAKE NOTICE that your application dated : . . . + 19 17. ..
,,,,,�� ® µ, .
for pernllt..t0 tpy�.L.�-A`.':W°. .A ( Ft : .. .• p O �q
I Location of Property . . . . . : . . . .
House No. Street I Hamlet
County Tax Map No. I000 Section . . . .a.9 L. : . . . : Block . . . A . . . . . . Lot . .It A-! . . . . . . .
Subdivision . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot No. . . ... . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . . ..4QiR. l -Sb
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
ector
RV 11,80
`"'TOWN OF SOUTHOLD, NEW YORK`"
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. (O�
DATE . August 27,1987
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
lix (We)
Andre J. & Thomas .. Cybulski...... .of ..Rtgot Lane................. . .... ....
Name of Appellant Street and Number
Cutcho ue, New York
...................................................................................... ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE -BUILDING INSPECTOR ON
APPLICATION DATED: FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
Abigail Wickham, a/c of Andre J. & Thomas A. Cybulski
.................................................................................
Name of Applicant for permit
of
P:..4.... ax..J.42.4x..M&1 kiCuck
........... ..............................New..Yark..............
.....
Street and Number Municipality State
( x) PERMIT TO USE premises for book publishing.
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
1. LOCATION OF THE PROPERTY . Right..of Way. on West„side,of Depot„Lane
...... .....................
Street and Hamlet Zone
1000-096.00-05,00-001.002 OWNER(S) - ;Andre J. & Thomas,A= ,CYbglski
.................................................................................
Mop No. Lot No. DATE PURCHASED: August ,7a .19,7,3, , , ,, , , ,,
.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sectior and Porogroph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article IIi Section 100-30A
3 TYPE OF APPEAL Appeal is made herewith for
( x) A VARIANCE to the Zoning Ordinance or Zoning Map
x) A VARIANCE due to lack of occess (State of New York Town Low Chap. 62 Cons. Laws
Art'. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) Wxxxnact) been mode aatittxaesptct�tmc sYdeafstmxi
aExthecBR�14dRkf with respect to this property.
Such cppeof was ( ) request for a special permit
( x) request for a variance §280-A
and was mode in Appeal No. ...... 783 Dated .,June 7, 1973
...... . . ............................................
REASON FOR APPEAL
( x) A Variance to Section 280A Subsection 3
( x) A Variance to the Zoning Ordinance
is requested for the reason that we would like to obtain a use variance for:. three barns
on the premises so that they may be used for wholesale book storage, book publishing
operations and for modification of the existing 280A approval to allow use of the existing
right-of-way and proposed right-of-way for such purposes.
Form Zst (Continue on other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because The three large barns on the premises, until recently used for
a potato grading business, are not suitable for residential uses and the applicants
have been unable to sell the property for such uses. The size and and type of barns
and their location next to the Long Island Railroad tracks and other commercial and
industrial zoned property renders the value of the parcel for residential use questionable
The property was put on the market for sale in 1986 , after local agricultural economic
conditions rendered the potato grading business unprofitable. The property was offered
to several vineyard owners, but there was no interest as the property is off the highway
and not visible to retail traffic. The only interest expressed was for business use,
including a moving and storage business, a trucking warehouse, a contractor'sand cabinet
shop, and a book storage and publishing operation. The proposed use is in the,applicant's
-' opinion the 1.east offensive use that the market can offer in order to obtain a reasonable
return on the property;
2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this ropert and in this use district because of the three large barns located
on the centra portion of the property.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
-lt.4RACTER OF THE DISTRICT because there is already extensive commercial zoning in the
area. The parcel has a frontage of415 feet on the Long Island Railroad, opposite which
is a C-zoned parcel. The easterly boundary of the property abuts the B-zoned Blue Top
Bar, and there is another B-zoned parcel directly across the street. There will be no
adverse impact on these lesser zoned properties. As to the residential properties,
there will be no adverse impact on the vineyard to the South, and the buildings are
some distances from the woodland to the west. The use proposed is quiet, odorless, con-
ducted entirely indoors, and is much less offensive than agricultural operations. The
only traffic will be occasional small trucks or vans and daily cars for approximately 6 to
10 employees. There will be virtually no traffic on weekends and in the evenings.
THOMAS A. CY&ULSKI
STATE OF 'NcvY YORE ) � �zj�y
ss ..................
COUNTY OF SUFFOLK ) Jsiyrrotu
ANDRE J. CYSULSKI
Sworn to this ....................... . ...... day of........._....` August,............. 19 87
...... .. .LAG( . .��.��/.'��2Z !�Y�L_...'..^..-...;�
Notory Public
ABIGAIL A.WICKHAM
platary Public,State of New York
Nn.62-4642871
0, lifisdin.Suffolk CouMT g�'p
Commas io cx� rB5 Seat 30, 9 AY
TOWN OF SOUTHOLD k6 P' ERTY RECORD CARD �Y
OWNER STREET. VILLAGE P' DIST. SUB.
LOT
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LAND IMP. TOTAL DATE REMARKS y
U-0 2900 3 Zoo 8I7I73 8l7 73 FAM,L� S�Li% 3.379/�c e
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OWNER STREET VILLAGE
DIST. SUB. LOT
FORMER OWNER N
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Patio _—
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Total '�Z 3
,o• .•� �� 5- , TOWN OF SOUTHOLD PROPERTY RECORD CARD
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FARM Acre Value Per Value
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'illable '2
illable 3
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rushland FRONTAGE ON ROAD li p
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atoi DOCK
95�FFnUr�o
Southold Town
o Board of Appeals
' lol �.aO MAIN ROAD - STATE 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. ACTION OF THE BOARD OF APPEALS
ROBERT 4. B8WGhA66
Ta'MeS EPH H61 t1171Z70, Jr.
Upon application of ANDRE AND THOMAS CYBULSRI. Variance to
the Zoning Ordinance, Article III, Section 100-30A for
permission to utilize existing barns for storage of general
items (instead of agricultural storage) and use as an
alternative under New York Town Law, Section 280-a existing
driveway for access. Location of Property: West Side of Depot
Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot
1.2 and part of 1.1.
WHEREAS, a public hearing was held on August 18, 1988 in
the Matter of the Application of ANDRE AND THOMAS CYBULSRI under
Appeal No. 3754; 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 a 5.4867-acre parcel of
land located off the west end of a private right-of-way
extending 187.0 feet off the west side of Depot Lane, Cutchogue,
and more particularly identified on the Suffolk County Tax Maps
as District 1000, Section 96, Block 5, Lot 1. 2.
2. The subject premises is located in the "A-80"
Residential and Agricultural Zoning District and is improved
with four storage buildings with sizes and setbacks as shown on
the March 11, 1987 Survey Map prepared for the applicants by
Young & Young Surveyors.
r
Page 2 - Appl. No. 3754
Matter of ANDRE AND THOMAS CYBULSRI
Decision Rendered September 16, 1988
3. By this application, the appellants request variances:
(a) for permission to utilize existing barns for inside storage
of general miscellaneous items {other than the presently
permitted agricultural storage uses) , and (b) approval of
alternative access under New York Town Law, Section 280-a, which
is an existing dirt driveway used over the years by the
trailer-trucks and other vehicles related to the farming
operations.
4. For the record, it is noted that under previous Action
of this Board under Appeal No. 3671, application was made for
access over the most northerly right-of-way and for use of the
premises involving activities permitted in a "C-Light
Industrial" Zone District. The access was conditionally
approved, and the use variance was denied without prejudice (see
Decision rendered January 14, 1988) .
5. In considering this approval, it is the understanding
of the Board Members that the miscellaneous items to be stored
would include many varieties, such as boats, trailers, books,
equipment, household items, construction materials, etc. , and
the items stored would be "inactive" or "dead" storage,
requiring loading and unloading during seasonal periods.
6. The following information is also noted for the record:
(a) the premises has continuously since prior to
zoning been used for farming and commercial agricultural
operations incidental to the farming business;
(b) the agricultural operations have been ceased
within the last two years, and the taxes for the land and
buildings has increased by more than 250% (particularly due to
the removal of the agricultural tax exemptions) ;
(c) there are no other uses permitted under the
zoning code for this 5. 4867+- acre parcel as exists which would
yield a reasonable return;
(d) the previous use for commercial agricultural
storage and related activities is similar to the storage use and
related activities requested herein.
7. In considering this application, the Board also finds
and determines:
(a) the land in question can't yield a reasonable
return as exists and a denial of this variance could be
recognized as a taking of property {Gordon v. Town of
Huntington, 1962, 230 N.Y. S.2d 6191 ;
Page 3 - Appl. No. 3754
Matter of ANDRE AND THOMAS CYBULSKI
Decision Rendered September 16, 1988
(b) the subject property and buildings cannot be
economically used for one-family residence or other use
established in this Residential and Agricultural Zone District
as exists;
(c) properties to the north (along the Long Island
Railroad) are zoned "C-Light Industrial" ; along the east side
of this property at the north end "B-Light Business" a length of
approximately 265 feet; directly opposite Depot Lane both
"B-Light Business" and "A-Residential/Agricultural" ; along the
west and south sides, "A-Residential/Agricultural" ;
(d) the alternative access over the existing driveway
is more suitable for trailers and large trucks to enter upon and
exit from, without adverse disturbance to the neighboring
residentially-used properties, in lieu of the northerly
right-of-way;
(e) the evidence for "significant economic injury" is
sufficient to warrant a grant of this variance;
(f) the variance, as conditionally noted below, is
the minimum necessary to afford relief;
(g) the storage uses as authorized will not alter the
essential character of the neighborhood;
(h) the hardship is unique, is not due to the general
conditions of the neighborhood, and is not personal in nature;
(i) there is no other feasible method for appellants
to pursue;
(j ) in light of all of the above, the interests of
justice will be served by granting the variances requested and
as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested for permission to
utilize existing barns for storage and for access as required by
New York Town Law, Section 280-a, as applied under Appeal
No. 3754 in the Matter of ANDRE AND THOMAS CYBULSKI, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. The storage be as applied and be "dead" or "inactive"
storage;
2. No storage of noxious or ignitible materials;
3 . Hours of operation should not be before 8: 00 a.m. or
after 7:30 p.m. ;
Page 4 - Appl. No. 3754
Matter of ANDRE AND THOMAS CYBULSRI
Decision Rendered September 16, 1988
4. Maximum of 10 trailers parked (behind barns) at any one
time;
5. All vehicles entering and exiting the site must use the
alternative (existing driveway) access (as applied} ;
6. The base of the alternative (existing driveway) access
must be maintained in its present good to excellent condition;
7. Any subdivision approval will automatically void and
terminate this variance.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Sawicki. (Member Doyen was absent due to serious family
illness. ) This resolution was duly adopted.
lk GERARD P. GOEHRINGER
CHAIRMAN
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY , DECEMBER 10 , 1987
Appl . No . 3671
Applicant (s ) : ANDRE AND THOMAS CYBULSKI
Location of Property : ROW off West Side of Depot Lane , Cutchogue
County Tax- Map ID No . 1000- 96 = 5 _ 1 . 2
Board Memberspresent were : Chairman Goehringer P . Goehringer ,
Members Serge Doyen , Jr . ; Charles Grigonis , Jr . ; Robert J . Douglass
and Joseph H . Sawicki (constituting all five Members ) .
Absent was : N/A
Also present were Linda Kowalski , ZBA Secretary , Victor Lessard , Building
Department Administrator , and approximately 30 persons in the audience .
The Chairman opened the hearing at 8 : 23 o ' clock p . m . and
read the notice of hearing and application for the record .
CHAIRMAN GOEHRINGER : This hearing had been recessed from the last
regularly scheduled meeting . I ' ll ask Miss Wickham if she would like
to begin .
ABIGAIL A. WICKHAM , ESQ . : Thank you . I ' d like to ask Andrew Stype of
Val Stype and Sons to address the Board on the question of this applica-
tion .
ANDY STYPE : Andy Stype and I own , actually Stype Brothers Real Estate
that is in Mattituck . I ' ve been a licensed broker since 1980 , and a
licensed salesperson since 1971 , and have been doing real -estate
appraisals since 1975 . I had a listing on this property back on
March 3 , 1986 . I advertised the property for two months . I adver-
tised in Newsday . I advertised in New York Times . I advertised also
in local papers , and I had a response of under six people , and I had
only one offer and that offer came to $180 ,000 . And it was not
acceptable . The only offer I had was actually from a wholesale
book dealer from Upstate New York . I also had an offer on the house
of $180 ,000 , but the house hadn ' t been on the market at the time ,
and they hadn ' t been interested in selling the house ; but we had an
offer on the house ( adjoining ) , too . I also contacted various
landscapers , and other landowners , andllocal farmers , and asked
them if they would have any interest in the property . And they
did not . They didn ' t even have any interest to offer on the property
at all . And their own reasons was it basically was a lot of barns on
an awfully small piece of property , and there isn ' t any exposure at
all to a highway for any kind of operation of greenhouses , or even
grapegrowers .
As far as the current values are concerned , if I had put a value
on this property and it has a limited business use , I could appraise
this property in the neighborhood of $235 ,000 . If I was going to
appraise the property as it is in this Agricultural state , I would
Page 2 - Transcript 0OHearing •
Matter of ANDRE & THOMAS CYBULSKI - Appl . No . 3671
Public Hearing held December 10 , 1987
MR. STYPE (continued ) :
have to place a figure of about $165 ,000 , and I have to doubt that
at that price they would have any chance of a sale , too .
And I do not feel it would have any adverse effect on any
actual market values of any homes in the area . If there are any
homes in the area on the market which are shown by any local real
estate agents , they would have to point out that bar and grill
that you have up the road--you ' d have to point out the other com-
mercial properties in the area . So I have to doubt if this is
also changed to limited business , it wouldn ' t have any affect.
The most important thing for any homeowners , he has to
maintain his property. If he does that , then he is going to
be getting a good market value for his house .
I have also inspected Jed Clauss ' operation . It is out in
Mattituck , and I have found it to be a orderly operation very
well run . I also found it to be a lot less people and a lot
less automobiles and trucks than if you have potato grading.
I also feel that if this deal is not consummated , and if
these buildings were going to lapse just into idleness , then
I would have to point out that it ' s going to become an eyesore
and he would lose additional value on it as well .
Do you have any questions?
CHAIRMAN GOEHRINGER : Not right at the moment . Let ' s see what
develops throughout the hearing. Thank you very much .
MR. STYPE : Just to point out also one other thing--the current
values of getting back to the limited business appraisal , it
would have an overall market value $235 ,000 broken down this
way ; The land would have a value of $175 ,000 . The buildings
approximately $60 ,000 . If I was to appaise it for agricultural
use as it is now , it would have a total market value of approxi -
mately $175 ,000 ; and of that the land value $125 ,000 .
CHAIRMAN GOEHRINGER: Thank you .
MS . WICKHAM : Just very briefly , I have a couple of things for
the Board . Two things I would like to submit--one is my letter
in response to Mr. Fuchs ' letter to you which I had indicated
Page 3 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing held December 10 , 1987
MS . WICKHAM: (continued ) :
to him and his attorney I would submit for the record . And also
a Notice of Disclosure .
CHAIRMAN GOEHRINGER: Thank you very much .
MS . WICKHAM: Just following up on what Andy said on terms of value ,
Mr . Cybulski has done some numbers and the terms of the actual
costs of those buildings . He came up immediately with hard costs
in excess of $75 ,000 and probably upwards of $100 ,000 . So if he
is limited to his agricultural usage for which the property would
be available under current zoning , and based on the figures Mr.
Stype gave , he cannot possibly sustain any kind of reasonable
return on his investment . The other thing the Board asked us
to address was that of proposed screening. And I have a few photo-
graphs that do show--these were taken I believe in late Summer ' 86
but they do show -- the first photograph I ' d like to submit looking
eastward behind the Blue Top and it shows a pretty heavy line of
natural screening right now. The second photograph is also towards
the east-- looking towards the east from behind the big barn . And
it shows on the other side a fair amount of screening looking towards
the west- -the third photograph shows there ' s quite a row of trees ,
and Mr . Cybulski tells me the trees along that west line come a fair
ways , 10 or 20 feet into the property , so that will remain as a
natural buffer. And also a fourth photograph looking towards the
southeast that shows one of the other barns . And I ' d like to submit
them and then tell you what we would do with that . (Four photo-
graphs submitted for the record . )
Along the north side of the property along the railroad track ,
on the opposite side of the railroad tracks is Industrial property
now , and we really don ' t see any point in putting in a lot of
screening there , of course , if the Board has suggestions , we would
be glad to follow it . It just didn ' t seem feasible given the nature
of that property up there and the fact that there ' s nobody up there
to disturb .
Along the west side as I mentioned is a heavy row of full -
grown trees and undergrowth , and also the building ' s a considerable
distance from there and we had no proposed any screening.
On the south side , there is some open land and no houses and
Page 4 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing held December 10 , 1987
MS . WICKHAM (continued ) :
it doesn ' t look like there would be any houses along there because
of the vineyard , so we hadn ' t proposed any there .
The main area of concern , of course , is on the east side where
you do have the residential properties . As I mentioned , behind the
Blue Top which is also business , we didn ' t see a need for screening ,
but if you had a suggestion , we would be glad to consider it .
The southerly part of the east line is the part probably where
you ' re most concerned , and there we propose natural screening--we
thought it would in the long run be the best and least offensive to
anybody , and propose planting a row of trees along the driveway
south along that property--some sort of everygreens that would grow
up and be fairly hardy--natural cedars or something of that nature .
CHAIRMAN : Thank you . May I ask Mr. Clauss a question , if he wouldn ' t
mind ? Mr. Clauss , what is the loudest machine that you have in your
operation-- let me re-phrase the question if you don ' t mind . Can you
speak on the telephone at the time this machine is operating?
JED CLAUSS: I do , and sometimes it ' s difficult . If one machine were
operating , I could talk without much difficulty . When two of them
are operating , I usually move five or ten feet away and then I don ' t
have a problem . I also happen to be mostly deaf in my left ear , so
I have one of those phones that tones up the noise . Now as far as
the screening is concerned , I would like to add one point. My wife
reminded me the other night that the cost of Christmas trees was
going through the roof , and she proposes to plant several hundred
trees on the property to hedge our own costs down the road and
members of our family as well . Where we will definitely put them
I ' m not sure . It ' s a lot easier than mowing the lawn ,too .
CHAIRMAN : While you ' re up , I want to admit to you that I have seen
your operation over the years--not when it was operating , but when
you were closed-- having walked into the building looking for Mr .
DiVello at one time , and before the routing was done with the hall -
ways , and so on and so forth . You walked right into your area .
But I will make every attempt to come down and see the operation
during the week , or when you ' re operating.
MR. CLAUSS : That ' s all right . Just walk in . You don ' t even have
to give notice .
Page 5 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing Held December 10 , 1987
CHAIRMAN GOEHRINGER: Thank you very much . Is there anything else
you would like to say , Ms . Wickham , before we get into--
MS . WICKHAM: No .
CHAIRMAN : Is there anybody else that would like to speak in favor
of the application ? Anybody like to speak against the application?
Ms . McCaffery?
MRS . McCAFFERY : I `m still against it. That ' s all I`m going to say .
Everything goes the same as I said before .
CHAIRMAN : Ok . Any questions from any Board Members ? ( None )
Yes , Valerie .
VALERIE SCOPAZ , TOWN PLANNER : I would just like to bring certain
points up to the Zoning Board , and I want to preface my remarks by
saying that I happen to know what is involved in this--there is
nothing personal in this-- I am giving strictly a special opinion .
( Partly inaudible )
CHAIRMAN : Could you use the mike , if you would .
MS . SCOPAZ , TOWN PLANNER: I would like to make the following points .
One is that the applicant is asking to use the property in question
for a use that is not permitted in the A- Residential and Agricultural
Zoning. And the Town Code , Section 100-22 specifically states , and
I 'm referring to Subsection A , that
. . . no building shall be erected , moved , altered ,
rebuilt , or enlarged , nor shall any land or
building be used designed or arranged to be
used , for any purpose or in any manner except
in conformity with all the regulations
required and restrictions specified in this
Chapter for the District in which such build-
ing or land is located . . . .
Clearly , the proposed use does not fit in with this zoning , and that
is why the applicant is asking for a use variance .
And I want to point out that the applicant is asking for a use that
is permitted in another district , to wit : C-Light Industry Zone .
And there is considerable vacant land available in that District .
If the applicant wishes to pursue this request , the proper forum is
Page 6 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing Held December 10 , 1987
MS . SCOPAZ , TOWN PLANNER ; (continued ) :
before the Town Board with a petition for a change of zone .
Now , if the Zoning Board of Appeals decides to entertain the
granting of a use variance in this instance , it should consider
in addition to all of the requirements that an applicant request-
ing a use variance must comply with the standard requirements
as set forth in Anderson Law of Zoning. It should consider that
it may be faced with a similar appeal on every potato barn that
has become vacant in the forthcoming year . The precedent that
will be set here will be the creation of business uses throughout
the town in agricultural and residential zones . Given the poten-
tial scope of the changes of use , I feel that the matter should
be brought before the Town Board where a townwide policy could
be set and a change made to the Zoning Code if so determined by
that Board .
You have to consider that I quite emphathetic to the situation
presented to you ; however , I feel that the Zoning Board of Appeals
should be extremely careful about putting itself in a position
where it needs to rule on every single- -as I said before--potential
agricultural building that may be coming before you . We have a
lot of agricultural buildings in town . We have a lot of farmers
who are either selling , or toning down their businesses . This
problem is not an isolated problem , and it ' s something that I
feel may not be of magnitude now , but it has the potential to be
down the road within the next few years . And I think it ' s some-
thing that should be addressed by the Town Board . Thank you .
And I ' ll hand to each of you a copy of my memo . (Memorandum
dated December 10 , 1987 from the Town Planner submitted for
the record reiterating some of her statements . )
CHAIRMAN GOEHRINGER : Thank you . Ms . Wickham .
ABIGAIL WICKHAM , ESQ. : I can appreciate that concern . I would
just like to make a short response to it . As to a change of zone ,
we certainly would want to ask for a change of zone because that
would open up a whole range of uses and I ask that the C-1 Zoning
be incorporated into this record , which would give you an indica-
tion of some pretty horendous uses that would be available even a
business zone would expand the use tremendously , and the advantage
of a use variance from that point of view is that you can put
conditions on it and limit it very carefully .
Page 7 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing held December 10 , 1987
MS . WICKHAM (continued ) :
The other point that was made is a good one that there are
other agricultural -type buildings that might have problems . The
difference that we have here is they usually do not have this
tremendously limited acreage that goes with these barns--it ' s
only a total of five acres altogether . Most of those types of
properties would be on a highway and/or have a house and a barn
together with them , so there would be more versatile . We also
have here three very large barns altogether which creates an
additional problem and they were specialized for potato grading
rather than just potatoes . So if you could just consider those
we would appreciate it.
MS . SCOPAZ , PLANNER : Can I again add? Again , I appreciate Mrs .
Wickham ' s comments and I ' m not oblivious to the circumstances
involved . But again , consider that you ' re being asked to draw
a line somewhere , and you don ' t have any guidelines . When do
you make a determination that a proposed use , in this case it
happens to be a book-publishing company , and it is true that
the use may be relatively innocuous compared to other uses , but
when can you draw the line when someone should come in with
another type of use . You ' re being put in the position where
you ' re being asked to draw a line that you don ' t have any
standards to work by . The same thing with regard to the size
of the property . Where do you draw the line , is a five- acre
piece of property a piece of property you can work with , or
is a ten- acre piece of property the cut off point , or a six-acre ?
There is no policy there . There ' s nothing in the Code , and you
have to keep in mind that there may other situations coming up
and I really think the Board should think carefully about this .
I think this is something that should be taken up to the Town
Board .
CHAIRMAN : Ms . McCaffery?
MRS . McCAFFERY : I ' m Virginia McCaffery , and I am a neighbor of
this group , and I think a point has to be made . When these
buildings were built--potato farming was somewhat successful ,
but anybody looking down the road would know there was going to
be a change taking place with the developments going on , and so
when they built these buildings--they must have been very aware
of the possibility of problems within the potato farming would be
Page 8 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing held December 10 , 1987
MRS . McCAFFERY (continued ) :
there , and they built these buildings with these conditions
already established with only access through their own yard
to three buildings in a land-locked piece of land . And it
was already there , and so when you ' re asking for a change ,
this was the only way that they could possibly even go that
many years ago , and I just , you know , you have a good point.
Other people are going to be in the same boat . And they are
going to have land that they may have locked up in the farm
development program and cannot be used in any other way , but
they will have buildings that nobody is going to be able to
userunless it ' s a business . And as I said before , there is
a Master Plan , as as soon as you start deviating from that
Master Plan and allowing certain things here , and certain
things there , why spend all that money for a Master Plan .
There is a problem , and the problem grows with each individual
change , and I think you made a very good point.
CHAIRMAN GOEHRINGER : Thank you . Mr . Clauss , could I ask you
one other question ? You chose to use the largest barn on the
property . Which of course is also the largest structure
that ' s closest to residential property--dwelling property.
Housing . Is there any particular reason why you chose that
building?
MR. CLAUSS : Quite a few. One , is there ' s an interior loading
platform , which the other buildings do not have. Books can be
ruined by rain . A lot easier than a fire . And I choose not
to jump between raindrops with 2 ,000 lbs . of books . Two , is
the electric service that ' s currently available to the
property--it goes into that building , and that ' s where the
main box is . Three , the water of the three buildings--that ' s
the only building I know of that has water. Four , there ' s an
°"additional outside loading platform , which the other properties
do not have . And five , I believe that the floor there may be
better than the other two buildings . It is older . It will have
settled more . I have not found any evidence of major faults in
the concrete where the other buildings are newer . Books are
heavy generally . They are very heavy . And I am currently
operating in a building that ' s in excess of 100 years old with
wooden floors , and all the other problems , and I ' m trying to
avoid those by moving them . And that ' s why I chose the building .
CHAIRMAN : Miss Wickham , do you have anything you would like to
add?
Page 9 - Transcript of Hearing
Matter of ANDRE & THOMAS CYBULSKI
Public Hearing held December 10 , 1987
MS . WICKHAM : Given the immediate hardship , I ' d hate to see the
Cybulski ' s have to wait for the Town to decide what they can do
about these problems . I think given the hardships they do have ,
I can ' t think of a better use for the property considering the
surroundings . Thank you .
CHAIRMAN GOEHRINGER : Thank you . Anybody else? Hearing nobody
else , I ' ll make a motion closing the hearing and reserving
decision until later.
MEMBER DOUGLASS : Second .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was duly adopted .
CHAIRMAN : Thank you all very much for coming in and have a
Happy Holiday Season .
P p . 1 -9
-Linda Kowalski`
LAW orrlc[s �
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD.P.O. BOX 1424
MATTITUCK,LONG ISLAND
WILLIAM WICKHAM
NEW YORK 11932 MORTGAGE OrrICE
_
ERIC J.BRESSLER 516.298-6353 516-296-53oo
ABIGAIL A-WICKHAM
DANIEL C.ROSS
October 26, 1987
Mr. Steven C. Fuchs
4 Knoll Top Road
Stony Brook, New York 11790
Re: Variance Application of Andre J. 6 Thomas A. Cybulski
Dear Mr. Fuchs:
I have your letter to the Board of Appeals regarding the Cybulski
application. Since a change of zone is not being sought, the actual use which
will be permitted if the application is approved will be very limited and no
doubt subject to considerable conditions designed to avoid an impact on
neighboring properties. The specific use is a very quiet one and there is
virtually no traffic associated with the business.
The building in which the operation will initially be contained is the
large building furthest from the property you are purchasing. The building
closest to you will be used only for dead storage at some time in the future.
The proposed use is much less obtrusive than potato packaging or other agricultural
related uses.
We would be glad to have the opportunity to meet with you at some time
prior to the hearing to answer any questions you might have about the proposed
operation.
Very truly yours,
AAW/jas bigail A. Wickham
PHONE 15161 751-0796
STEVEN C. FUCHS
4 KNOLL TOP ROAD
STONY BROOK. N Y 11790
October 19, 1987
Town of Southhold
Chairman Board of Appeals
Southhold, New York
Dear Mr, Chairman,
In the Matter of Abigail A. Wickham attorney for Andre J. and Thomas A.
Cybulski and their petition to convert a potato packaging building to book
publishing and modify existing 280A approval.
My name is Steven Fuchs and I am the contract vendee for the property to
the west of the subject property presently owned by Mr. William Beebe. At
the present time we are in the process of subdividing our property into
what will be a prime quality residental area. I am very concerned as to
what effect this change, if granted, will have on our subdivision. In
particular the questions of traffic and noise should be given your most
serious attention. Any negative impact on this area is unfair and should
not be permitted.
In addition I would like to be notified as to the date of the hearing
very truly yours,
Sr-� C -..
• III ,, ,
97
NOTICE OF DISCLOSURE
I would like to disclose for the record that I am
the husband of MaryAnn Cybulski , who is employed part-time
by the Town of Southold , and I am the co-owner and
co- applicant under Appl . No . 3671 .
ANDRE CYBULSKI
S�FFDL,Y�,
P
T D
SL Y
Southold, N.Y. 11971
(516) 765-1938
MEMORANDUM
TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
FROM: Valerie Scopaz, Town Planner
RE: Appeal 113671 Cybulski
DATE: December 10, 1987
With regard to the above-referenced case, the applicant is asking to
use the property in question for a use that is not permitted in the A- Residen-
tial and Agricultural Zoning District. Section 100-23. A. of the Town Code states:
A. No building shall be erected, moved, altered, rebuilt or
enlarged, nor shall any land or building be used, designed
or arranged to be used for any purpose or in any manner,
except in conformity with all regulations, requirements and
restrictions specified in this chapter for the district in
which such building or land is located.
The applicant is asking for a use that is permitted in another district;
to wit, C Light Industry. There is vacant land available within this district.
If the applicant wishes to pursue this request, the proper forum is before the
Town Board with a petition for a change of zone.
If the Zoning Board of Appeals decides to entertain granting a use
variance in this instance, it should consider that it may be faced with similiar
appeals on every potato barn that should become vacant in the forthcoming years.
The precedent that will be set here, will be the creation of business uses through-
out town in agricultural and residential zones. Given the potential scope of these
changes of use, the matter should be brought before the Town Board, where a town-
wide policy could be set and a change made to the Zoning Code if so determined
by that Board.
Y '
Valerie Scopa
Town Planner
STEVEN C. FUCHS PHONE (e16) ' 751-0796
4 KNOLL TOP ROAD
STONY BROOK. N Y. 11790
October 19, 1987
Town of Southhold
Chairman Board of Appeals
Southhold, New York
Dear Mr. Chairman,
In the Matter of Abigail A. Wickham attorney for Andre J. and Thomas A.
Cybulski and their petition to convert a potato packaging building to book
publishing and modify existing 280A approval.
My name is Steven Fuchs and I am the contract vendee for the property to
the west of the subject property presently owned by Mr. William Beebe. At
the present time we are in the process of subdividing our property into
what will be a prime quality residental area. I am very concerned as to
what effect this change, if granted, will have on our subdivision, in
particular the questions of traffic and noise should be given your most
serious attention. Any negative impact on this area is unfair and should
not be permitted.
In addition I would like to be notified as to the date of the hearing
Very truly yours, /
r
,A
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
TUESDAY, NOVEMBER 10 , 1987
Appl. No. 3671
Applicant (s) Andre and Thomas Cybulski
Location:.of Property: West Side Depot Lade , Cutchogue
County Tax Map ID No. 1000- 96 - 5 - 1 . 2 and part of 1 . 1
Board Members present were: Chairman Goehringer,•P. Goehringer,
Members: Gringonis, Douglass, Doyen and Sawicki.
Absent was : (None) also present were: Victor Lessard, Building Dept. )
Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the
audience.
The Chairman opened the hearing at 8 :30 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the survey dated March 11,
1987 indicating this parcel with the barns mentioned in the appli-
cation, the total area of about 5.4867 acres; and the most closest
barn to the property line is approximately (which is the northerly
barn) 5 feet. And I have a copy of the Suffolk County Tax Map in-
dicating this and surrounding properties in the area. Would you
like to be heard Mrs. Wickham.
MRS. . WICKHAM: Thank you. As I had previously t:b/d.-:the -Board, we
had some real estate testimony. The man who was going to come was
unavailable tonight because of a death in his family. And we would
like to present the remainder of our hearing and ask that his testi-
mony be admitted afterwards. If that ' s acceptable to the Board.
I know you don' t like to do that but there was extenuating circum-
stances. I'd also like to invite the Board on behalf of Mr. Clauss
and Parsons to visit their premises in Mattituck which houses the
operation that would be conducted on this property. They are lo-
cated on Wickham Avenue. Perhaps if the Board would like to make
arrangements to see exactly what we're talking about, it would be
helpful. I' d also like to address , as I did in the application,
the uses surrounding this property. There is a natural buffer of
trees along the west side of this property that will protect any
intrusion into that woodland as well as about a 200 foot differen-
tial between the west property line and the westerly most building.
The railroad tracks and industrial zoning are boundaries to the
north and there' s a mixed commercial residential usage on the east.
As to the residential, one of those parcels is owned by the appli-
cant' s parents. Another, Grohoski which is just north of that,
also has business to the north of them and business across the
street and the large barn is directly behind them to the west.which
housed an agricultural operation which will be described shortly.
Page 2 - November , 1987 •
Public Hearing - dre and Thomas Cybulski
Southold Z.B.A.
MRS. WICKHAM (continued)
On the south, the two lots that did border on the south, have
houses up by the road with mostly vacant property behind it and
beyond that a planted vineyard with no building nearby. So just
from a geographical point of view, I don' t believe there will be
an impact. The alternative that we have to this use variance was
of course, a change of zone. And we felt that the more extensive
uses that would be permitted by a change of zone as well as the
virtual absence of conditions that could be imposed by the Board
in doing that, made this a more useful type of appeal in terms
of the ultimate use of this property. As you will see and have
seen from your inspection, the awkwardness of these buildings
makes a suitable use hard to find which is not an objectionable
use. It is actually a perfect place to house this business which
is quiet. It's environmentally unobjectionable. Owned by a local
family and does provide a. . . . I would think that the neighbors
would be fortunate. Mr. Cybulski would like to address to you the
hardship that he has in terms of the types of use they had con-
ducted in this building. And if you would let him speak for a
few minutes, I'd appreciate it.
MR. CYBULSKI : I'm one of the owners with my brother, Buddy. We
had been farming together for about 20 years and I believe it goes
back a little further. It was a family operation with our dad.
And because of the economics of farming, a combination of rising
costs and prices not keeping up with it, as many other farmers ,
had hard times and we were forced to make a decision to get out
of farming. So this does leave us with the barns. And they were
constructed specifically for farming, for potato farming. They're
specialized. There is an air delivery system for the proper storage
of potatos . And the one building to the north has three loading
docks where a tractor trailer can back into and these barns are
located on approximately five acres. There' s only about one acre
left; that would actually be suitable for any kind of farming.
So it kind of makes them unusable to sell it as a farm. It's more
of a central location. The farming in the area is sod farming and
vineyard as was addressed. And the barns, as mentioned, are lo-
cated off the road. So they're not suitable for a retail or a
high traffic type thing. Let's see. The property has been avail-
able since March of 186 when we shut down our potato operation and
there hasn' t been an awful lot of interest, not at least on agri-
cultural, or commercial trucking, various storage and of course
this book storage and printing operation has made an inquiry.
While we were in operation, we did have over 200 tractor trailers
a year in the yard. Mostly concentrated in the Fall to the Spring-
time. Various farm and agricultural vehicles and everything down
from a converted school bus brought in the crew to grade potatos
and package. I think many other topics have been mentioned; con-
sideration that our parents are living in the residence to the
east. I wouldn' t like to see any great traffic coming through
there. This type of operation would seem to address itself to
that. I don' t _know of there' s anything you'd like to add.
Page 3 - November 1987
Public Hearing - *dre and Thomas Cybulski 46
Southold Z .B.A.
MR. B. CYBULSKI: My brother stole most of my thunder. But one
other problem we do have; as we built these barns, we had an agri-
cultural exemption on the taxes. So we didn' t pay full taxes. Now
that that it is running out, one of the other considerations that
we have in the selling is the taxes are going to be high very soon.
I think that' s about all. Thank you.
CHAIRMAN GOEHRINGER: Thank you.
MRS. WICKHAM: I 'd also like to ask Mr. Clauss to briefly address
you because I'm sure you might have some questions of him about
this proposal.
MR. CLAUSS: I'm one of the owners of Emery Ltd. Emery Ltd. is
Suffolk County's only trade publishing company and we are basical-
ly reprint book printers. We publish books. We sell them by mail.
We sell them by mail only. We have one van which the company owns.
It goes to the Post Office. It comes back every day. We reprint
books in hard cover. We sell them to libraries, schools and col-
leges all over the United States. There are several of our books
that are text books in major universities. Currently, we have
about five to six employees. We have been hamstrung for several
years in our present location because we require a great deal of
long term dead storage. We have been totally unable to find any
thing that is economically viable to the point of even considering
leaving the area at one time, when this situation came up that
had the amount of storage that we need. We currently hold about
a half million books in hard cover. Everything from the nobel prize
winner of Clovatis and Jules Vernon up to books like Star Trek and
so on and so forth. As far as vehicles are concerned, we get a
trailer truck every six to eight weeks if we' re lucky. If we're
unlucky, it' s 12 to 14 weeks but that's usually from a subcontractor
in New Jersey. The only storage required in our business is a
minimum of 75%. Our inventory will range between 400 and 900
thousand books. That' s a lot of weight and a lot of volume. There
aren' t that many buildings out here that hold that. As far as any
potential fire hazard, I guess our fire hazard is less than the
local public library. All the materials that we use are OSHA ap-
proved and have health hazard! ratings on them as well as flamma-
bility and what have you. The current state of the amount of our
business has been going to water based products and less and less
petroleum based products which is fortunate for everybody. I would
say the home kitchen is more dangerous than our business and pos-
sibly more noisy for most of us. I ask the Board to visit any time
they want. We may be able to sell you a book. In the meantime,
we don' t sell retail. We don' t want any retail customers. We
strictly deal with institutions . The fire hazard. We have tried
on occasion, especially to fire insurance underwriters, to make
them aware of the facts , that unless you reach a degree of 451
degrees , you're not going to get a book to burn. As far as our
skids of paper are concerned, we had the fire underwriter from
Firemen' s Fund in New Jersey come out. We took a blow torch and
we could not sustain a fire. Our real hazard is water gentlemen,
not fire. We would rather not have a fire because firemen come
in with a lot of water and that' s where we have tremendous damage.
Page 4 - November1 , 1987 • -
Public Hearing - 16re and Thomas Cybulski
Southold Z .B.A.
MR. CLAUSS (continued) :
Also, our products are, each one of them are encased in what they
call "clysard". It' s shrink back material made by Dupont which
helps prevent that water damage. Any other questions?
CHAIRMAN GOEHRINGER: When you reprint a specific book, you' ll do
a run of so many.
MR. CLAUSS : 350 to be exact.
CHAIRMAN GOEHRINGER: And then you' ll store those and ship them
at a certain time.
MR. CLAUSS: We' ll ship them via Post Office as per orders from
institutions. As matter of fact, . . .
CHAIRMAN GOEHRINGER: So that' s the storage you're ref£ering to?
MR. CLAUSS: Yes. I brought a catalog for your perusal. Maybe
you like books. And that is how we sell. We mail about a hundred
thousand of those around the United States to various schools,
colleges, institutuion, public and private libraries and federal
institutions. We are currently engaged in a lot of work for the
Federal Government and the Department of Interior and the Depart-
ment of Parks where we supply them with materials they requested
of a:. historically and scholarly nature. And again, it' s all done
by mail, quiet, and peaceful and we' d like to be left alone.
CHAIRMAN GOEHRINGER: I thank you Mr. Clauss.
MRS. WICKHAM: If I could just briefly ask the Board. First of
all, I'd like to submit a copy of the zoning map showing this .
property. I was also asked by the attorney for the neighboring
property to the west to submit a letter to the Board that I wrote
to Mr. Fuchs in response to his letter to you. I didn' t bring an
extra copy but I'd like to submit it to you if I may. . Just in
summary, I believe the Cybulskis have indicated the property ba-
sically is unsuitable for the zoning uses in agricultural for
which it is zoned. And even in that agricultural zone, it did
genera.t a lot of traffic which we wouldn' t see here and we think
that the use is certainly amendable to the surrounding properties
that are higher zoning. Thank you.
CHAIRMAN GOEHRINGER: Thank you. My only question is, are you
asking for a recess or are you going to submit an affidavit?
MRS. WICKHAM: Whichever the Board would prefer.
CHAIRMAN GOEHRINGER: I personally, would rather recess the hearing.
Not because we don't have a large agenda for the December meeting.
But I think there may be questions of the Board of this particular
real estate consultant. So I think that would be a better way of
dealing with this. Weill see what the Board feels. Is there any-
body else who would like to speak in ' favor of the application?
Anybody like to speak against the application? Yes Ms. McCaffrey.
Page 5 - November1987
Public Hearing re and Thomas Cybulski •
Southold Z .B.A.
MS. MCCAFFREY: I am one of the neighbors of the people involved.
I fully understand the problem that Tom and Buddy Cybulski have.
I know that it was a very sad day for them and their neighbors
when they had to give up farming. But I still have my concerns.
And because of my concerns, I can not support this at the pre-
sent time. I have. . . Actually my concerns did not concern fire.
It did not concern noise. It did not concern those things that
you brought up. They were new ideas really in my mind. Mine are
more personal. I'm concerned about my land value. Where it' s
going to go. I'm concerned about my privacy. I only have a third
of an acre. I do not have any buffer from the area that is going
to be involved. I do not know how many people are going to be
employed. They just told me 6 to 10. But I don' t really know
how expanded this operation is going to get. I don't even know
if this operation is going to remain there or whether another
operation will come in and be a different type and effect me. And
I know lots of times, once you get a variance change and you change
it, anything can happen and I'm really concerned about where it
will go in the future. My house was built by my father and it has
a special meaning to me just like Bud and Tom' s operation. I want
to live there the rest of my life and I don' t want to be forced
out because of the action in my backyard. I still understand
your concerns but I have my own personal concerns. I 'm also con-
cerned about security. The sad fact that once the Cybulskis
brothers left the operation, there have been wandering people at
night in the area. Whether they're ijhterestedin what could pos-
sibly be in their building, I don' t think so but it' s possible.
But it is a sad fact and I 'm concerned about that. I'm wondering
what these people are going to wonder what is in those buildings,
what' s available to them. I know from previous experience that
the neighborhood and my neighbors (Cybulskis included) are very
concerned about the business operations in the neighborhood.
Blue Top has historically been there before my house was built.
The land across the street is now zoned business which my neigh-
bors fought. I was at the time, not even realizing what was go-
ing on. I know in their hearts they don' t want to do this but
they feel they have to but I don' t have to agree with it. I 'm
concerned too because both boys do not live in the area. I know
as long as they were operating that farm, they totally respected
my rights and my home and my privacy and what I believed. But
I am concerned about what will happen with new owners and owners
I have no idea of who they are and what they believe in. I'm
really concerned about that. I'm concerned too because our Mas-
ter Plan has designated areas for business and there are some
right in Cutchogue. They're not developed yet but they are there.
And the Master Plan put these business areas clustered for cer-
tain reasons. Some of them for pollution, water. The concern
of our water table. And they put them together in certain places.
They were very concerned and they were easier to watch clustered.
And just north of 48, there' s a place where industrial develop-
ment, business development is supposed to be. And yet now,
there are thoughts of putting it in my backyard and in my neigh-
bor' s backyard and we' re concerned. Really, I'm just interested
in my quality of life. I'm interested in my life as a citizen,
as a taxpayer and I just want to be able to live there (hopefully)
until a year 100. I thank you.
Page 6 - November 10, 1987
*Public Hearing _Gdre and Thomas Cybulski
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would
like to speak against the application? Yes.
MRS. Ship I don' t necessarily want to speak against it. I
just want to ask a question. How do these people propose to get
back to their barns?
MRS. WICKHAM: I could answer that. There is currently a license
arrangement or they would use the existing driveway. There is a
possibility that the existing right-of-way that was also available
for the use of farm trucks could be used.
MRS. Ship Where is that existing right-of-way?
MRS. WICKHAM: To the north side of the Cybulski residence. And
that was available in the past for the 200 tractor trailer trucks.
MRS. Ship What happens though if they decide to sell.
CHAIRMAN GOEHRINGER: You have to address the question to the
table. because we're taking it down. You can read it in the paper
next week.
MRS. Snip But what happens if they decide to get rid of their
house. These people who have these barns, this business and they
have no way -to get back there. Then what happens?
CHAIRMAN GOEHRINGER: Are you talking about extinguishing the
right-of-way?
MRS. Ship I just want to know what are they going to do? I
mean hopefully, these people will live a long time and they can
use their driveway which is their driveway to their house right
now. But what happens if they decide to sell this house. I 'm
sure whoever buys this house is not going to say; this is great.
You can bring the trucks through here. We don' t mind. What do
they do then? How are they going to get back there? The only
other way is through my parents driveway. And this is what they
are concerned about and rightfully so. They don' t want people
zooming underneath their windows either. That's just my one lit-
tle question and thought. Thank you.
CHAIRMAN( GOEHRINGER: Thank you. Is there anything else Mrs.
Wickham that you would like to address tonight?
MRS. WICKHAM: I know it's running late. I just want to answer
that. There would be a deed right-of-way that would be of course,
not over the . (-ohoski.,prbperty. It couldn' t be by law. As far
as Mrs. McCaffrey' s concerns, the use variance does limit the use
and the main operation is away from her property. _Probably se-
curity will be improved with occupancy. Right now the barns are
vacant and I can understand her concerns about the new owners but
I'd like to know if she is familiar with the Clauss' s existing
business operation. If she could answer that question for the
Board.
„ Page 7 - November , 1987 •
'Public Hearing *(Ere and Thomas Cybulski
Southold Z .B.A.
Ms . MCCAFFREY: I have heard several different stories.
M',i. WICKHAM: I'd like to know if she' s personally familiar.
Ms . MCCAFFREY: I'm not personally familiar with them.
MRS. WICKHAM: Thank you.
CHAIRMAN GOEHRINGER: The only thing I' d like to address at the
reconvening of this meeting, Mrs. Wickham, is any type of buffer
area that might exist in the future if the Board so granted this
use variance. Hearing no further questions, I' ll make a motion
recessing the hearing until the next regularly scheduled meeting.
which we think it' s going to He December 3rd or December 2nd.
All in favor - AYE.
BY
1 ' �
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE
ERIC J.BRESSLER 516-296-5300
ABIGAIL A.WICKHAM 516-296-6353
DANIEL C.ROSS
October 8, 1987
Southold Town Board of Appeals
Town Hall - Main Road
Southold, New York 11971
Re: Appl. No. 3671 - Andrew J. & Thomas A. Cybulski
Variance
Gentlemen:
In response to your letter dated September 16, 1987, we furnish the
following:
1. The owners of the property are Andrew J. & Thomas A. Cybulski, as shown on
the application. The contract Vendees are Jed Clauss and Joanna Paulsen,
residing at Wickham Avenue, Mattituck. They are the sole owners of Amereon,
Ltd. , 800 Wickham Avenue, Mattituck, New York, who operates the publishing and
printing business concerned.
2. We enclose a copy of the survey in triplicate on which we have indicated
the floor plans of the buildings and parking plan. We have proposed 2 handicap
spaces and 12 parking spaces, which is more than ample for the proposed use of
the buildings at the present time. However, we expect an exact parking
determination will be made by your Board or the Planning Board and there is
ample room for parking if more is required. The main barn is already divided
into 3 major sections which will be utilized as shown.
3. Only the large building on the East side of the property is proposed for
conversion at this time. The only present use of the other buildings would be
storage; future use would, of course, require your approval. There is no plan
to subdivide at the present time.
4. We enclose a copy of the relevant portion of the contract of sale.
5. The following activities will be conducted on the premises:
a. Office area: A small desk area, as indicated on the map, for
internal paperwork and telephone.
b. Retail sales: There will be no retail sales per se, although an
occasional retail customer will wander in and may purchase a book. At the
current business location at Wickham Avenue, Mattituck, which is much more
accessible to the public than this location, there are less than 20 retail
sales per year.
Southold Town Board of Appeals - 2 - October 8, 1987
c. Wholesale distribution on the premises: This will be accessed
mostly through the trucking load area in the main building from the storage
areas. The garage doors will be used rarely, if ever. The trucks are
generally small delivery trucks or pick ups at the rate of approximately 2 or 3
per month. UPS comes once per day, and a tractor trailer comes once or twice
per year. The business has its own van.
d. Storage areas: This will contain empty boxes and boxes of books,
placed on steel racks. The books and paper are shrink-wrapped and there is
virtually no flammability.
e. Finishing and printing area: This area will contain the following
equipment for printing, folding, cutting and binding: a camera, printing press,
folder, cutter, sheet machine and glueing machine.
6. The purchasers do not, at this point, plan any major changes to the interior
layout of the easterly barn. They do not plan to use the other barns immediately,
except possibly dead storage, as the easterly barn is more than adequate for
their operation.
In the easterly barn, the square footage of the proposed uses are as
follows:
1. Storage - 3,685 sq. ft.
2. Office - 80 sq. ft.
3. Bathroom - 40 sq. ft.
4. Printing/Finishing - 3,420 sq. ft.
5. Truck loading bay - 629 sq. ft.
My clients advise that their operation is very similar to Academy
Printing in Southold. The Board is welcome to contact Jed Clauss at 298-5100
to make an inspection of his existing operation. I think you will find that it
is a relatively quiet and unobtrusive use. Please advise if you need any
additional information.
Very truly yours,
AAW/jas Abiga A. Wickham
Encls.
i
76
Purchaser may clean and paint the premises prior to
closing, but shall not make any alterations without seller' s
prior written consent. Breach of this provision shall be deemed
a breach by Purchaser of this contract and Seller shall be
entitled to retain the downpayment as liquidated damges.
This contract is contingent upon Seller obtaining at
Purchaser' s expense, including attorney' s fees, a use variance !
from the Southold Town Zoning Board of Appeals permitting use
of the existing buildings for book storage, printing, binding
and, distribution, for modification of the existing Section
280A approval to allow access by Purchaser as set forth in
at the driveway entrance from Depot Lane
the use variance and for approval to erect a small sign/
containing the name of purchaser's business. In the event
Seller's application is denied or is not approved within one
(1 ) year of the date of this contract, either party may cancel
this contract by written notice to the other, and upon return
of Purchaser' s downpayment less variance expenses, this contract
shall be null and void.
Purchaser shall reimburse Seller for one-half (1/2) of
the cost of a guaranteed survey at the closing.
Purchaser agrees to allow Sellers and EVA SMITH, to use
a twenty (20) foot strip from the southeast corner of the
premises along the southeasterly boundary of the premises
approximately one hundred sixty (160) feet to lands of Andrew
and Sophie Cybulski ; said strip to be for ingress and egress
between premises of Smith & Cybulski ; such use to terminate
upon sale of premises by Andrew and Sophie Cybulski . This
provision shall survive del ver �iodies he deed.
Seller will remove the tires,/and machinery from the
premises within six (6) months after closing.
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM
NEW YORK 11952 MORTGAGE OFFICE
_
ERIC J.BRESSLER 516-296-8353 516-298-5300
ABIGAIL A.WICKHAM
DANIEL C.ROSS
September 16, 1987
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application for Variance of
Andre J. & Thomas A. Cybulski
Gentlemen:
Enclosed are Certificates of Occupancy for the Cybulski property
as promised in our letter of September 10, 1987, forwarding the Application.
1. Z4080
2. 26509
3. 26906
4. 29057
5. 214331
6. 27793
These certificates cover the buildings and portions of buildings
as illustrated by the attached sheet.
We also enclose a copy of the Assessor's record showing that the
center section of the large barn did not require a building permit in 1966.
Subsequent additions to that building have received Certificates of Occupancy.
Very truly yours,
JON _a_.
AAW/jas Abigail A. Wickham
Encls.
i
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. FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
No. Z49.89................ Date ..........................Dec.......11............. 19.��..
THIS CERTIFIES that the building located at ....W/3-Depot..1a..................................... Street
Map No. ...A............. Block No. ..... ............ Lot No. ...x7C.......Cutchogue
...............................
conforms substantially to the Application for Building Permit heretofore filed in this office dilated
.......................................Sept........10....... 19..6.4. pursuant to which Building Permit No. ..
dated ...........................ae-Pte......1.Q..........1 19.69..., was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is ........
.............. gx:3.cuj;tural,.accessory....................................
y
The certificate is issued to ...Andrew..................C.....bulski........................Owne>...................................................................
(owner, lessee or tenant)
of the aforesaid building.
House # 4505
................................
.......... .... ..
Building I spector
„ •� ! roam ao. 4 •
TOWN OF SOUTHOLD
1 BUR DING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No. Z65R9. . . . . . Date . . . . . . . . . . . . . . . . .June 4 , 19 75.
THIS CERTIFIES that the building located at .W/S. Depot .LAne . . . . . . . . . . Street
Map No. . ?IX?{. . . . . . . Block No. . ? . . . . .Lot No.XXX. . .Cutchogue P1.Y.
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . . .Juiy. . . .I. . ., 19. .7.4 pursuant to which Building Permit No. . 736U.
dated . . . . . . . . . . . July • • • • 1., 19. .74, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . .4gricultural. .( farm machinery storage etc) building
The certificate is issued to . Andre. &. Thomas. Cybulski Owners.
. . . . . . . . . . . . . . . . . . .
(owner, lessee or tenant)
of th resaid building.
Suffo C unty Department of Health Approval . . . .N..R. . . . . . . . . . . . . . . . . . . . . . . . . . . .
UND ITERS CERTIFICATE No.pendipg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUANUMBER . . . 595 . . . . . Street . . .Depot Lane Cutchogue
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1-1
.
Building Inspector
• FORM N0. 4 �F
•
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No.Z6906. . . . . . . Date . . . . . . . . . . . . . . . .?k�T.4h. . 2 . ., 19. .7.6
THIS CERTIFIES that the building located at . M/S. Depot Lane . . . . . . Street
Map No. . xx . . . . . . . . Block No. .�4. . . . . . .Lot No. . ?u. . Cutchogue N.Y-
. . . . . . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . . . .Dee. . .12. . 19.7J.. pursuant to which Building Permit No. .$335.Z .
dated . . . . . . . . . . .Dec . . 19 75, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . Agricu.1tvroL.1, .(1'A3zm). Building . . . . . . . y
The certificate is issued to . .Andre & Thomas Cybulski
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval . . N.R.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. N.R.
HOUSE NUMBER . . .' 545. . . . . . . Street . . . . .Depot, Lane. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1^'• • :.C"`c�. . . . . . . . . . . . . . . . .
Building Inspector
• FORE[ Na 4 •
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk% Office
Southold, N. Y.
Certificate Of Occupancy
No. .?9457, . . . . . Date . . .June . . . 12 . . . . . . . . . . . . . .. 19. . .78
THIS CERTIFIES that the building located at .4505 .Depot. Lane. . . . . . . . . Street
Map No. . . . . . . . . . . . . Block No. . . . . . . . . . .Lot No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . .July, . . 2.7. . . . . . . . . .. 19. 77 pursuant to which Building Permit No. . . 9379?
dated . . .JRly. . 28 . . . . . . . . . ., 19.7.7., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . .F.am.IWIdi Ag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to . . . . . Zhomas. .4.Arndxe. Cybul ski . . . . . . . . . . . . . . . . . . . . . . .
(owner,
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . N/R
. . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. . . . . N3.7239$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUSE NUMBER . . . 4595. . . . . . Street . . . . . DePA. .carie . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . .
Building Inspector
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No. . . 214331. . . . . . . . Date . . . .. . . . .April. . . . .?. . . . . . . . . . ., 19 86
THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . .Accessory
Location of Property . . .4505, . Depot Lane Cutchogue
House No. Street . . . . . .Hem/et
County Tax Map No. 1000 Section . . 096, . . ,Block . . . . .QS. . . . . . . .Lot . . . ,001:2
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
November 2082 120632
. . . . . . . . . . . . . . . . . . . . . . 19 . . . pursuant to which Building Permit No. . . . . . . . . . . . . . . . . . . . . .
dated . . . . , December 9 , , . . 19 $? ,was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . .
-------- Acricultural Storage Building -----------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to CYBULSKI , THOMAS & ANDRE
(owner,4i {p6a6?r$}lalilp
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . . . . NAR
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . N./.R
Building Inspector
Hw. 1/a1
FORM Na a •
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No. . 4779.3. . . . . Date . . . . . . . . . . . . . . JulY. . .26. . . ., 19. 77
THIS CERTIFIES that the building located at W/S .Depot .La. . . . . . . . . . . . . . Street
Map No. �. . . . . . . . . . Block No. . . . . . . .Lot No. . XX . . . . . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . . . . .Mar. . .24. ., 19.76. pursuant to which Building Permit No. . 8446Z.
dated . . . . . . . . . . Mar. . .25. . . ., 19.76., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . . Farm. lluilding. (storage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to Andre A. Thos. . CYbulski. . . . Owners, , , , , , , , , , , , , , , , , ,
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval N.R.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. Nj4?2i+5. . . . .June. .16. . .1977 . . . . . . . . . . . .
HOUSE NUMBER . . . . . . . . . .4505Street AePA•t .bans . . . . . . . . . NtChA.gVQ. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . o.
Building Inspect
Ur • •
Southold Town Board of Appeals
MAIN ROAD - STATE 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 September 16 , 1987
Abigail A. Wickham , Esq .
Wickham , Wickham & Bressler , P . C.
Main Road , Box 1424
Mattituck , NY 11952
Re : Appl . No . 3671 - Andrew J . and Thomas A. Cybulski (Variance )
Dear Gail :
This lefter will acknowledge receipt of the above application
before the Board of Appeals . The Board members will be conducting
field inspections and environmental reviews as may be required by
State and local laws prior to advertising this matter for a public
hearing .
In the interim , it is requested that the following informa-
tion be furnished:
1 . Notice of Disclosure disclosing the names of all persons
having an interest in the pending project and premises ;
2 . Floor plan in triplicate indicating the proposed uses
of every room or portion of the building (s ) ;
3. Parking plan in triplicate and the proposed building
access areas Eplease include areas for employee and handicap
parking] ;
4 . In the event that only one of the existing buildings
are requested for conversion , please confirm the proposed use
of the remaining buildings as well as whether any proposal to
subdivide should be expected ;
5 . Copy of that portion of the contract of sale listing
the conditions of the agreement between the parties ;
6 . List of the activities to be conducted under the use
requested ( such as office areas , retail sales , wholesale distri -
bution-on premises- , truck deliveries or pick-up , etc . ) .
Page 2 - September 16 , 1987
Appl . No . 3671 - Andre J . Cybulski & ano.
To : Abigail A. Wickham, Esq .
Upon receipt of all of the above , the Board will review
same and place this matter on the next available calendar .
Please let us know if you are not able to furnish the
above by October 8th to meet the advertising deadline for
the latter October hearings calendar .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
lk
jTOWN CLERK 1
TOWN OF SOUTHOLD
j Suffolk County, Ncw York 516 • 765-1801 ��10 23 8 1.S R
RECEIVED OF_
�� Southold, N. Y. 11971- 19-LI T1
�i� ��L-L-`� �,(�i�ei�
For
Judith 'r. r rry,. nTown Clerk
i
Cash CJ Check of SS By��c���X/F
,�.e.e.e.e.e.er.e.e.e.e. esYNe.e.e�efe
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LOM ;
A wso•� ISLAND .•
RAIL
ro 4 ROAD
1
i
w
I
UL
wnow or formerly
� Victoria E. Bugdin B
'o A d L. Grohoski
= Area 5.4887 Acres f
LL
[W NOTE
.
MMm MONUMENT
2. SUFFOLK COUNTY TAX YAP
DIST, IM SECT Q§§ BL.Qk LOT L&
FrtxJrxlf
a �
iLNW
o BrORASG
m rx[n[ [A[Y i6`- O
E 8
- — — now a formerly
u
e [' hhrene Grohoskl \
�.• [axA A.o— flight of Way
T S.
'� &51V630'E.__�_ IBTW
m Y.LL
E • i ti g
FRAW CO WMTA Lam° A S51°AB'SO`W 187.00' O,r
y
o a_FvN� >;urwE M64 8�" wLxxuo unun Z
PRiNnNe� [ U Lix[ rrI
GFW6NM6♦
3YC[AA6 sroaSKa 8- now or formerly
i
e5rcr�x6 ru[5. t
s°°t.l• Andrew B Sophie Cybulaki
IM' IlY I V YC41C'
•u. ..n• 11
I
coxA w ur -- DIRT DRIVE
ra AY'
ruu aA
ro
3 ti u
S — SURVEY FOR
> _ _ ANDRE J. CYBULSKI a
gor
in E. McCaffery THOMAS A. CYBULSKI
AT CUTCHOGUE
S.52°1400''w 4215.71' TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y
GUARANTEED TOS
now or formerly Ignatius Smith ANDRE J.CYBULSKI
THOMAS A CYBUI.BKI
••+•�+.xs MisMSu,a.,m,u, THE NORTH FORK BANK &TRUST COMPANY
ro nM wwr x A wamnd n I gALD9W
E INSURANCE COMPANY
xcnw yN u M rer Yam n.5n N.`O
xlx nW 8IN
DATES MOR. I1 IeQiSCALES I" 50' MY
k'«t+ -p Y . • :. . N0. 07•Ip .... ft AIL&4ee9E D:eA&
o� Bill
-
Block 17.Zone District: with insufficient setbe i
Wgal Notic 'B-1." exirOrn
sting bulkhead , from i
7:60 p.m: AppL No, 3691 - highwater areas alo
_ HOSNY SELRIL Variance to - nB•Midway `t 1
the Inlet and Hog Neck Bay,prem-
ZO°1Og Ordinance Acle ims known as 70 Cedar Point
NOTICE OF HEARINGS III, Section 100.32 and Article Drive, Southold, NY; Cedar - I SS:
NOTICE IS HEREBY XI,Section 100-119.2 for permis- Beact� park Map, Part of Lots ,K
GIVEN,Pursuant to Section 267 Sion to locate inground swim- 152 and 110, County Tax Map
of the Town Law and the Code of mmgPool with decks and fence Parcel No.1000-90-02-13.1.
the Town of Southold,the follow- enclosure landward of existing 8:40 p.m. Appl. No. 3561 - )1ltent0
ing hearings will be held by the dwelling in the front yard and DOROTHY L. ROBERTSON. - Of Greenport, in
SOUTHOLD TOWN BOARD within 100 feet of the Long Is- Variances to the Zoning Ordi- my sworn, says that he/she Is
Me APPEALS, ata Regular land 855 Soundviewund, at emises known Avenue,Mat. mance, Article III, Section 100- IE SUFFOLK TIMES, a Weekly
Meeting at the Southold,
Town 31, Bulk Schedule, for approval
Hall,Main Road,Southold,New District
NY; County Tax Map of the insufficient lot area of two ad at Greenport, in the Town
York, on THURSDAY, DE- D,Lxit 1000, Section 94, Block proposed parcels in this pending
CEMBER 10, 1987 at the fol- 01,,05 p. set-off division of land withfron- f of Suffolk and State Of Now
lowing times: 8:05 p.m. App]. No. 3696 - tage along the south side of notice of which the annexed is
7:30 p.m. Appl. No. 3566 - RICHARD NASS. Variance to North View Drive,the east side
THEODOSE TRATAROS and the Zoning Ordinance, Article of Private Road and thenorths been regularly published in
ERAKLIS APODIACOS. XI,Section 100-119.2 for permis- side of South View Drive,Orient, ince each week for I
Variance to the Zoning Ordi- sion to locate open wooden deck NY; County Tax Map District
mance, Article III, Section 100- with a setback of less than 75 1000,Section 13,Block 1,Lot 10. . commencing on the _3
31, Bulk Schedule, for approval feet from existing bulkhead 8:55 p.m. Appl. No. 3686 - mbeY87
of insufficient lot area of prop- along canal, at premises known FREDERICK AND DIANE - 19_ _
used Parcel #1 in this pending as 50 Willow Point Road,South- RAYMES. Variances to the
Set-off division of land located old, NY; County Tax Map Dis- Zoning Ordinance, Articles: (a)
along the south side of the Main trio 1000, Section 56, Block 5, XI,Section 100-119.2forpermis-
Road, and extending along the Lot 25. sion to locate dwelling with a /U Z�t✓i d-/ 4
east aide of Wiggins Lane, 810 NY A R No. 3676 . setback of less than 75 feet from
Greenport,NY;County Tax Map ANTHONY ROBUSTELLI. existing bulkhead along Gull Principal Clerk
District 1000, Section 35, Block Variances to the Zoning Or- Pond Inlet, (b) III, Section 100-
5,Lot 3,containing a total area diannce,Articles:(a)III,Section 31, for permission to )ovate
of 3.262 aMS. 100-31 as to insufficient rear dwelling with an insufficient this �_
7:35 p.m. Appl. No. 3694 - Yard and side yard, and (b) X1, frontyard setback, at premises 18C/ _7
THERESA CZECH. Variance Section 100-119.2 as to insuffi- known as 704 Wiggins Lane, --- MARY K.DEGNAN
to the Zoning Ordinance,Article tient setback from bulkhead and Greenport,NY;County Tax Map NOTARY PliRLIC,State of New York
III, Section 100-31, Bulk ordinary highwater mark, and District 1000, Section 35, Block ,� Y SL folk sni,it\, 11" 5f1J�
Schedule, for approval of the (c) III, Section 100-31 as to ex- 4,Lot 19. ^' d
construction of open deck with cessive lot coverage, for the J
P proposed construction of a deck The Board of Appeals will
an insufficient rearyard setback hear at said time and place all
from the east property line at addition, at premises known as persons or representatives desir-
Premises known as 150 Goldin 5 Haywaters Road, Cutchogue, ing to be heard in each of the
Lane,Southold,NY;County Tax NY; Lot 23 and part of 22, above matters. .Each hearing
Map District 1000,Section 135, Peconic Bay Properties; County will not start before the time al-
Block 2,Lot 19. Tax Map District 1000, Section lotted. Written comments may
7:40 p.m. Appl. No. 3695 - 111,Block 1,Lots 19 and 18. be submitted prior to the conclu-
HENRY J. SMITH & SON. 8:15 p.m. Appl. No. 3671 - sion of the subject hearing. For
Special Exception to the Zoning ANDRE AND THOMAS more information, please call
Ordinance,Article VIII,Section CYBULSKI. Variance to the 765-1809.
100-80(B)for permission to con- Zoning Ordinance, Article III, Dated:November 18,1987.
struct truck-storage building in Section 100-30A for permission BY ORDER OF THE
this"C-Light Industrial"Zoning to utilize premises for book-pub- SOUTHOLD TOWN
District at promises known as lishing operations, wholesale BOARD OF APPEALS -
2470 Peconic Lane,Peconic,NY; bock storage,and updated 280-A GERARD P.GOEHRINGER,
County Tax Map District 1000, approval over the existing pri- CHAIRMAN
Section 74,Block 2,Lot 19.1. vote right-of-way for such use. Linda Kowalski,
7:45 p.m. Appl. No., 3689 - Zone District: 'A" Residential Board Secretary
PETER AND DIANE LUHRS. and Agricultural. Location of 5789-1TD3
Special Exception to the Zoning Property:West Side Depot Lane,
Ordinance, Article VII, Section Cutchogue, NY; District 1000,
IW70(B)for Permission to con- Section 96, Block 5,Lot 1.2 and
struct addition for a repair sta- part of 1.1.
tion in conjunction with Special 8:25 p.m. Appl. No. 3543 -
Exception Permit #3161 re- PETER AND BARBA
ndered October 11, 1983, at HERZ. Variances to the Zoning
Promises known as 45845 North Ordinance, Article XI, Section
Road,Southold,NY;County Tax 100-119.2 for permission to lo-
Map District 1000, Section 55, tate new single-family dwelling
NOTICE OF HEARINGS Sw;mrrdng Pool with decks and - 100-31, Bulk ile for ap-
fen closure landward of ex-
NOTICE IS HEREBY GIV- istit�elling in the front yard proval of the in. [tient lot area
EN, pursuant to Section 267 of and within 100 feet of the Long of two proposed parcels in this
the Town Law and the Code of Island Sound, at premises pending set-off division of land
the Town of Southold, the known as 855 Soundview with frontage along the south
following hearings will be held Avenue, Mattituck, NY; Coun- side of North View Drive, the
by the SOUTHOLD TOWN ty Tax Map District 1000, Sec- east side of PrivateRoad and the
BOARD OF APPEALS at a tion 94, Block 01, Lot 07. north side of South View Drive,
Regular Meeting at the Southold 8:05 p.m. Appl. No. 3696- Orient, NY; County Tax Map,
Town Hall, Main Road,
RICHARD NASS. Variance to District 1000,Section 13,Block
Southold,NY on THURSDAY tee onitT-Z ng 17rdmance, Article 1, Lot 10.
XI, Section 100-119.2 for per- 8:55 p.m. Appl No. 3686-
DECEMBER 10, 1987 at the FREDERICK AND DIANE
following times: mission to locate open wooden
deck with a setback of less than Variances to the Zon-
7:30 p.m. Appl. No. 3566- 75 feet from existing bulkhead ing rt_neF Articles:(a)XI,
THEODOSE TRATAROS g
AND ERAKLIS APODIACOS. along canal,at premises known Section IOD-119.2 for permission
setback
Variance to .the Zoning Or- as 50 Willow Point Road, o lessthan7 feet g with
existing
Southold,NY:Count Tax Mapof less than 75 fat from existing
dinance, Article III, Section Y
100-31, Bulk Schedule, for ap- District 1000,Section 56, Block bulkhead along Gull Pond Inlet,
proval of insufficient lot area of 5. Lot 25. (b) III, Section 100-31, for per-
proposed Parcel No. 1 in this 8:10 p.m. Appl. No. 3676-AN- mission to locate dwelling with
THONY ROBUSTELLI. an insufficient frontyard set-
pending set-off division of land back,at premises known as 704
located along the south side of Variances to the Zoning Or-
the Main Road, and extending dinance,Articles:(a)III,Section Wiggins Lane, Greenport, NY;
along the east side of Wiggins 100-31 as to insufficient rear County Tax Map District 1000,
Lane, Greenport, NY; County yard and side yard, and (b)XI, Section 35, Block 4, Lot 19.
Tax Map District 1000, Section Section 100-119.2 as to insuffi- The Board of Appeals will
35, Block 5,Lot 3,containing a tient setback from bulkhead fiear at said time and place all
total area of 3.262 acres. and ordinary highwater mark, persons or representatives desir-
7:35 p.m. Appl. No. 3694 and(c)111,Section 100-31 as to ing to be heard in each of the
THERESA CZECH. Variance excessive lot coverage, for the above matters.Each hearing will
to the Zoning Arfi- proposed construction of a deck not start before the time, at allot-
cle III, Section 100-31, Bulk premises remises known as ted. Written comments may be
Schedule, for approval of the 5 Haywaters Road, Cutchogue, submitted prior to the conclu-
construction of open deck with P
NY; Lot 23 and art of 22, sion of the subject hearing.For
an insufficient rearyard setback Peconic Bay Properties; Coun- more information, please call
t Tax Ma District 1000, Sec- 765-1809..
from the east property line in y P Dated: November 18, 1987
premises known as Y; Goldin tion 111,Block 1,Lots 19 and IS BY ORDER OF THE
Lane, Southold, NY; County 8:15 p.m.ANAppD
No. 3671-AS SOUTHOLD TOWN
Taw F;.,p D:;::c: ;,'� Szc:ion ANDRE AND THOMAS
CYBULSKI. Variance to the BOARD OF APPEALS
135, Block . Lot 19. Zoning Ordinance,Article VIII, GERARD P. GOEHRINGER,
7:40 p.m. Appl. No. 3695- CHAIRMAN
HENRY J. SMITH & SON. Section 100-30A for permission
Special Exception to the Zoning to utilize premises for book- Linda Kowalski,
publishing operations,wholesale Board Secretary
Ordinance,Article VIII,Section book storage, and updated IT-12/3/8'7(15)
s0 uct truck-storage
for permission to con- 280-Abook approval over the existing
strut[t-Lig storage building in private right-of-way for such
this District
Industrial"Zon- use.Zone District: "A" Residen-
ing District at premises known
as 2740 Peconic Lane, Peconic, tial and Agricultural. Location
NY; County Tax Map District of Property: West Side Depot
1000, Section 74, Block 2, Lot Lane, Cutchogue, NY; District
.19 L 1000, Section 96, Block 5, Lot
7:45 p.m. Appl. No. 3689- 1.2 and part of I.I.
PETER AND DIANE LUHRS. 8:25 p.m. Appl. No. 3543-
Special Exception to the Zoning PETER AND BARBARA
Ordinance,Article VII,Section HERZ.Variances to the Zoning
100.70(6)for permission to con- Ordinance, Article XI, Section
Strutt addition for a repair sta- 100-119.2 for permission to
tion in conjunction with Special locate new single-family dwell-
Exception Permit No. 3161 ing with insufficient setbacks
rendered October 11, 1983, at from existing bulkhead and
premises known as 45845 North from highwater areas along
Road, Southold, NY; County Midway Inlet and Hog Neck
Tax Map District 1000, Section Bay, premises known as '70
55, Block 02. Lot 17. Zone Cedar Point Drive, Southold,
District "B-1" NY; Cedar Beach Park Map,
7:50 p.m. Appl No. 3691- Part of Lots 152 and 110,Coun-
HOSNY SELIM. Variance to tv Tax Map Parcel No.
t e-Zoning Ordinance, Article 1000-90-02-13.1.
fit, Section 100-32 and Article 8:40 p.m. Appl. No. 3561-
X1, Section )00-119.2 for per- DOROTHY L. ROBERTSON.
mission to locate inground Vaiianc,> to the Zoning Or-
dinance, Article 111, SBctiou
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 Traveler-Watchman
once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks
�1
successively, commencing on the . . . . . . . . . . .
day
Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of
. . . . . . . 19 7.
y..
. . . . . . . . . . . . . . . . ./r=: z,- n. f? '. . . . . . . . . . .
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires,,,,_ ,;, 18 3-�'
�o5�FF0(Arco •
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 1651809
APPEALS BOARD '
MEMBERS
I:HARD P. GOEHRINGER, CHAIRMAN
iARLES GRIGONIS, JR.
.RGE DOYEN, JR.
JBERT J. DOUGLASS
JSEPH H. SAWICKI
70 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-
lJatchman , 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 free to call
our office , 765- 1809 .
Yours very „ tr ly�,,��,,
G RAR 0 P . 60
4 EHR N'GER�����
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
0 0
Page 4 - Legal Notice Mailing List
Southold Town Board of Appeals
Regular Meeting - December 10 , 1987
Copies Mailed On or About 12/1 /87 to :
Mrs . Elizabeth Pantelis , 5804 Seventh Avenue , Brooklyn , NY 11220
Mr . H. Stabile , P . O. Box 245 , East Marion , NY 11939
Mrs . Dinos Zervos , Orient , NY 11957
Mrs . Theresa Czech , 4 Goldin Lane , Southold , NY 11971
Mr . Henry J . Smith , Henry J . Smith & Son , Main Road , Southold , NY 11.971
Mr . and Mrs . Peter Luhrs , 1130 Soundview Avenue , Southold , NY 11971
Mr. Hosny Selim , 671 Vandam Street , North Woodmere , NY 11581
Dino Rossini , Esq . , 151 Hempstead Turnpike , West Hempstead , NY 11552
Mr. Ronald Stritzler , 51 Stirrup Lane , Roslyn Heights , NY 11577
(Re : Selim )
Mr . John Bertani , 1380 Oakwood Drive , Southold , NY 11971
(Re : Nass )
Mr . Anthony Robustelli , 48 Revere Road , Manhasset , NY 11030
Abigail A . Wickham , Esq . , Box 1424 , Mattituck , NY 11952 ( Re : Cybulski )
Mr . Steven C . Fuchs , 4 Knoll Top Road , Stony Brook , NY 11790
Rudolph H.. Bruer , Esq . , Main Road , Southold , NY 11971
Patricia C . Moore , Esq . , Edson & Bruer , Main Road , Southold , NY 11971
(as Attorney for Peter and Barbara Herz )
Richard J . Cron , Esq . , Cron & Cron , Main Road , Cutchogue , NY 11971
J . Kevin McLaughlin , Esq . , Box 803 , Greenport , NY 11944
Rudolph H . Bruer , Esq . , Main Road , Southold 11971 (Attorney for D . Robertson )
Mr . and Mrs . Frederick Raymes , 24 Woodlot Lane , Huntington , NY 11743
Lane, Cutcholpac N1'C"t��yy
100.1AM. 8:10 O.M. Appl. N3682- Tax Map Parcel NoJ
f{OTIC OF HEARINGS 7:50 Appl. No. 3514 GEORGE L. NY 1000-96-5-1.2 and pan of LL�
IN ./ RRY AN. - 8:35 p.m. Appl. No. 3679-
GEOR P. SCHADF. Special Exce tion to the Zoning ROBERT AND DOLORre'
NOTICE IS HEREBY GIV- Variances tote Zoning Or. P ROBEREL. `N
EN,pursuant to Section 267 of dinance, Article 111, Section Ordinance,Article VIII,Section riance 'for per-
the Town Law and the Code of 100-31, Bulk Schedule, for ap- 100-80(B)for permission to use mission to construct open deck
the Town of Southold, the proval of the proposed insuffi- existing storage building for addition with:.n insufficient set-
warehousing and storage of back from nearest wetlands per
following hearings will be held carne lot area and width se two lumber and building materials Artide XI, Section 100.119.2.
by the SOUTHOLD TOWN parcels in this pending set-off Location of Pro
BOARD OF APPEALS a[ a division of land located alongand supplies, in conjunction Property:710 West
Regular Meeting at the Southold the west side of Cedar Lane with the existing lumberyard op- Shore Drive, Reydon Shores
Town Hall, Main Road, (west of Summit Roaposite Sound Avenue. Zone Map, Lot 9 and part of 8,
d), Southold,NY;Coun
Southold, NY on TUESDAY. Southold, NY;Count Tax Ma District: ";Light 4nd a " County'%x Map
County PProp,
'' ' Parcel No. 1000-8®-1-46.
NOVEMBER 10. 1987 at the Parcel No. [000-78-7-42. Location of Pro Ryi�, out ,-L
following times: 7:55 p.m. Appl. No. 3673- Side of Sound Avecrk t6r.,h(ortfi , 8:45 p.m. Appl No. 3564-
7:30 p.m. Appl. No. 3677- NICK MIHRoad), Mattituck,;NY: C64my. JOHN DEMPSEY/ROBIN
ALIOS Variance to Tax Map Parcel No, RAEBURN. Variances: (a) for
ROBERT MOHR.Variances to the Zoning Ordinance, Article 1000-141-3-41, final approval under New York
the Zoning Ordinance, Article X1, Section 100-119.2 for per- 8:15 p.m. Appl. No. 3678- Town Law, Sect!I 280-A over
III, Section 100-31 Bulk mission to locate inground DAVID LaFRENIERE. the existing private right-ofway,
Schedule, for approval of decks swimming pool,decks and fence
attached to dwelling with insuf- enclosure with an insufficient Variance to the Zoning Or- and(b)for permission to locate
dinance,rear and front yard set- setback from the top of bluff dinance, Article VII, Section proposed dwelling with o in- °
backs, and Article III, Section along the Long Island Sound. mission Bolo Schedule, for per- sufficient setback from top of -'
100-32 for approval of accessory Location of Property:north side mission to construct addition to bluff along the Long Island
garage structure located partly of The Strand, Lot No. 124, existing building with an insuf- Sound, per Article XI, Section
in the sid and area.Location of Map of Pebble Beach Farms, ficient setback from the side 100.119.2.Location of Property:.
Property: West Side of
Location
of East Marion, le County Tax (westerly) property line..Loca- Extending of the north end of a
y' tion of Property: Corner of private right=of-way (trave
Street, Southold, NY; County Map Parcel No. 1000.30-2-74. Main Road and the West Side of over lands of Bokina from the
Tax Map Parcel No. �'8'00 p.m. Appy No. 3680- Peconic Lane, Peconic, NY; north side of Bridge Laneattx-
1000-78-3-3q 2 LEONARDUS AND MARIE
7:35 p.m. Appl. No. 3675- OU N—A N. Variance County Tax Map Parcel No. tension and Oregon o the in -
RICHARD MULLEN. JR. tote Zoning Ordnance, Arti- "B-I" General
Zone District: northerly directions ie the the
Variance to the Zoning Or- de III. Section 100-31, Bulk "B-1" General Business. Sufect premises identified on the
dinance, Article VII, Section Schedule, for permission tocon- 820 p.m. Appl. No. 3671- Suffolk County 78x Maps as
100-71, Bulk Schedule for per- str4ct addition to dwelling with ANDRE Aia� [HOMAS District IOOO,Sec{jo»73,Block
mission'to construct showroom an insufficient setback from the t`�§l1LSK1, Variance to the 2, Lot 3.6 (prcv: 3.4and 3.5). -
struct addition to dwelling with Zoning Ordinance, Article III, 9;00 p.m. Appl. No. 3672—
addition with an insufficient an insufficient setback from the Section 100.30(A) for permis- ANTHONY GAMBINO.
Or-
frontyard setback from thea sion to utilize Premises for book anance to t to ma Or- -
north property line Location ob - closest point of arc along the 8
Prn,.r,-nu:.QJ rner of,Nf �A front property line. Location of publishing operations,wholesale dinance, Article XI, Section
andlehe'East Side of Cottage Property: North Side of Sailors book storage, and upuareu .w-i;",.2 lur approval of lite
Place, Southold, NY; Cotimy Lane(a private road), approx- 280-A approval over the existing construction of new dwelling
Tax Map Parcel No. tmately147.feet west of Little private right-of-way for such with an insufficient setback
1000.62-3-20 and 19. Peconic .Bay .Road,. Nassau use. Zone District:'W'Residen- from nearest tidal wetlands
7:35 p.m. Appl. No. 3674- - -V0in4 Cutchogue, NY, Coun- tial and Agricultural. Location and/or ordinary highwater mark
RICHARD MULLEN.- 3R. ty Tax- Map .Parcel No. of Property:West Side of Depot along Deep Hole Creek. Loca-
Special Exception to the Zoning
1000.1L1-147, - tion of Property: East End of
�`
Ordinance,Article VII,Section 8 'D.m• -Appl. No: 3683- Lupton Point Road,Mattituck,
GEORGE L. PENNY INC NY:County Tax Map Parcel No.
100-71,Bulk Schedule, for per- 1000-115-11-10.
mission to construct addition Variance to the Zoning Or- The Board of Appeals will
for showroom use incidental to dinance, Article XI, Section hear at said time and place all
the existing car-sales business 100-119.1,i t 1 for permission to erect persons or representatives desir-
use. this "B-t" c General fence n the frontyard area ata ing to be heard.in each of the
Business Zoning District.Loco- height not 3o exceed 61/2 feet. above matters.Each hearing will
tion of Property: Corner of Location of Property: North not start beforeJhe time-allot-
Main Road and East Side of Side of Sound Avenue (or ted. Written comments may be
Cottage Place, Southold, NY, North Road), and the South submitted prior to the conclu-
1000-62-3-19 and 20. Side of C.R.48,(Middle Road), sion of the subject hearing. For
7:45 p.m. Appl. No. 3684- Mattituck, NY; County Tax more information, please call
WILLIAM AND VERA Map Parcel No. 1000-141-3-38.1. 765-1809.
M LCHAN. Variance to the Dated: October 26, 1987
Zoning Ordinance, Article fit, BY ORDER OF THE
Section 100-32, for permission SOUTHOLD TOWN
to locate accessory inground BOARD OF APPEALS
swimming pool, decks, and GERARD P. GOEHRINGER,
fence enclosure in the frontyard CHAIRMAN
area(in excess of 300 feet from Linda Kowalski,
the front property line) at Board Secretary
Premises located along the north IT-10/29/87(30)
side of Ruth Road (north of
,$Ynset Drive), Mattituck, NY
County Tax Map Parcel No.
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 Travgler-Watchman
once each week for . . . . . . . . . . . . . . . . . . . . .. . . . . . . weeks
c �
successively, commencing on the . . . . . . . . .aI . . . . . . .
7
day . . . . . !'�,.�� . . . ., 19 �. . .
Sworn to before me this . . . . . . . . . . . . . . . . . . . day of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806M
Qualified in SuPCeynt9
Commission Expires
Ordinance, Article VII, Section County Tax Map Parcel No. ante to the Zoning Ordinance, bluff along the Long Island
Legal Notices 100-71, Bulk Schedule, for per- 1000-30-2-74. Article VII,Section 100-71,Bulk Sound, per Article XI, Section
mission to construct addition for - 8:00 p.m;-Appl. No.-3680 - Schedule.for permission to con- 100-119.2.Location of Property:
showroom use incidental to the LEONARDUS AND MARIE struct addition to existing build- Extending at the north end of a
existing car-sales business use VANOUDENALLEN. Vari- ing with an insufficient setback private right-of-way (traveled
NOTICE OF HEARINGS in this "B-1" General Business ance to the Zoning Ordinance, from the side(westerly)property over lands of Bokina from the
NOTICE IS HEREBY Zoning District. Location of Article III,Section 100-31,Bulk line. Location of Property: north side of Bridge Lane Exten-
GIVEN,pursuant to Section 267 Property: Comer of Main Road Schedule, for permission to con- Comer of Main Road and the sion and Oregon Road in a
of the Town Law and the Code of and the East Side of Cottage stmct addition to dwelling with West Side of Pecontc Lane, northerly direction) to the sub-
the To"ofSouthold,the fillow. Place, Southold, NY, 1000-62-3- an insufficient setback from the Peconic, NY; County Tax Map ject premises identified on the
ing hearings will be held by the 19 and 20. closest point of an along the Parcel No. 1000.75-5-10. Zone Suffolk County Tax Maps as Dis-
SOUTHOLD TOWN BOARD 7:45 p.m. Appl. No. 3684 - front property line. Location of District: "B-1" General Busi- trict 1000, Section 73, Block 2,
OF APPEALS at a Regular WILLIAM AND VERA MOL- Property: North Side of Sailorsass. Lot 3.6(prev.3.4 and 3.5).
Meeting at the Southold Town CHAN. Variance to the Zoning Lane (a private road), approxi- 8:20 p.m. Appl. No. 3671 - 9:00 p.m. Appl. No. 3672 -
Hall,Main Road,Southold,New Ordinance, Article III, Section mately 147 feet west of Little ANDRE AND THOMAS
York, on TUESDAY, 100-32, for permission to locate Pernnic Bay Road, Nassau C71 ILSKI. Variance to the ANTHONY GAMBINO. Vari-
NOVEMBER 10, 1967 at the accessory inground swim- Point, Cutchogue, NY, County Zoning Ordinance, Article III, ance to the Zoning Ordinance,
following times: mingpool, decks, and fence en- ,Tax Map Parcel No. 1000-111- Section 100-30(A)for permission Article XI,Section 100-119.2 for
closure in the frontyard area(in 14-7. to utilize premises for book pub approval of the construction of
7: m. Appl. No. 3677 - excess of 300 feet from the front 8:05 p.m. Appl. No. 3683 - lishing aperattons, wholesale new dwelltngwtth an insufficient
ROMW MOHR.Variances to property line) at premises 10- GEORGE L. PENNY INC. book atora:,e and updated 280-A setback from nearest tidal wet-
the Zoning Ordinance, Article cated along the north side of Variance to the Zoning Ordi- approval over the existing prl- lands and/or ordinary highwater
III, Section 100-31, Bulk Ruth Road (north of Sunset Hance, Article XI, Section 100- vale right-of for such use. mark along Deep Hole Creek.
Schedule, for approval of decks Drive), Mattituck, NY, County 119.1, for permission to erect Zone District: `A" Residential Location of Property: East End
Met-
attached to dwelling with insuf-
ficient
Tax Map Parcel No. 1000-106-1- fence in the frontyard area ata and Agricultural. Location of of Lupton Point Road,ficient rear and front yard act- 3' height not to exceed 61A feet.Io- Property: West Side of Depot tituck, NY; County Tax Map
f North Si N
t
3514 - cation of Pr
No
A
m
p. . Appl. . Property: ora oLane, Cutch
backs, and Article III, Section 7:50 ogle, NY; County I Parcel No.1000.115-I1-10.
100.32 for approval of accessory GEORGE P. SC BADE. Vari- Sound Avenue Si North Road), Tax Map Parcel No. 1000-96-5-
garage structure located partly ances to the Zoning Ordinance, and the South Side of C.A. 48, 1.2 and part of 1.1. The Board of Appeals will
in the sideyard area.Location of Article III,Section 100-31,Bulk (Middle Road), Mattituck, NY, 8:35 p.m. Appl. No. 3679 - hear at said time and place all
Property: West Side of cation o Schedule, for approval of the County Tax Map Parcel No. ROBERT AND DOLORES persons or representatives desir-
proposed insufficient lot area 1000-141338.1. SCHISSEL Variance for r i to be heard in each of the
Street, Southold, NY; County and width of two panels in this 8:10 P.M. ApPI. No. 3682 - mission to construct open deck above matters. Each hearing
Tax Map Pawl No. 1000-78-3- pending setoff division of land GEORGE L PENNY INCJ addition with an insufficient set- will not start before the time al-
34'2' located along the west side of .TERRY SHULMAN, tial back from nearest wetlands
per lotted. Written comments may
7:35 p.m. Appl. No. 3675 -
RICHARD MULLEN, JR. Cedes Lane (west ofCounty
Summit Exception to the Zoning 100- Article XI,f Section 100.119.2. si submitted prior to the co. For
Variance to the Zoning Ordi Read), Southold, o. 1 County Hance,Article VIII,Section 100- Location of Property: 710 ores mo of the subject hearing. For
nance,Article VII,Section 100- Tax Map Parcel No. 1000-78-7- 80(B)for permission to use exist- Shore Drive, Reydon Shores more information, please cell
71, Bulk Schedule, for peruus- 42. ing storage building for wateh- Map,Lot 9 and part of 8,South- 765-1809.
cion to construct showroom addi- 7:55 p.m. Appl. No. 3673 - ousing and storage of-lumber old,NY;County Tae Map Parcel
tion with an insufficient fron- NICK MIHAL.IOS.Variance to and building materials and No.1000-80-1-46.
tY back from the north the Zoning Ordinance, Article supplies,in conjunction with the Dated:October 26,1987.
hoe. Location of Prop- XI,Section 100-119.2 for permis- existing lumberyard opposite 8:95 p.m. Appl. No. 3564 - BY ORDER OF
arty-. er of Main Rcad and Sion to locate inground ewim- Sound Avenue. Zone District: JOHN DEMPSEY/ROBIN THE SOUTHOLD TOWN
the East Side of Cottage Place, mingpool,decks and fence enclo- "C-Light Industrial."Location of RAEBURN. Variances: (a) for BOARD OF APPEALS
sure with an insufficient setback Property: South Side of Sound final approval under New York GERARD P.GOEHRINGER,
Southold, NY;County Tax Map from the top of bluff along the Avenue (or North Road), Mat- Town Law, Section 280.A over CHAIRMAN
Parcel N. - Appl.
and 19. Long Island Sound. Location of tituck, NY; County Tax Map the existing private ightof. Linda Kowalski,
7:H RD Ap U No. , J . Property: north side of The Panel No.1000-141.3-41. way,and(b)for
RICHARD MULLEN, JR. permission to 10- Board Secretary
Special Exception to the Zoning Strand,Lot#124,Map of Pebble 8:15 p.m. Appl. No. 3678 - Cate Proposed dwelling with an 5756-1T029
Beach Farms,East Marion,NY; DAVID IaFRENIERE. Vari- insufficient setback from top of
1 •
• �FFOC,Y •
Southold Town Board of Appeals
MAIN ROAD - STATE 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 -
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 free to call
our office , 765-1809 .
Yours_ very tri A
G RARO P . GOEHR NGER v
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
J ` •
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town
Law and the Code of the Town of Southold , the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting at the Southold Town Hall , Main Road , Southold , New York ,
on TUESDAY , NOVEMBER 10 , 1987 at the following times :
7 : 30 p .m . Appl . No . 3677 - ROBERT MOHR . Variances to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule ,
for approval of decks attached to dwelling with insufficient
rear and front yard setbacks , and Article III , Section 100-32
for approval of accessory garage structure located partly in
the sideyard area . Location of Property : West Side of Wabasso
Street , Southold , NY ; County Tax Map Parcel No . 1000-78-3-34. 2 .
7 : 35 p . m . Appl . No . 3675 - RICHARD MULLEN , JR. Variance
to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule ,
for permission to construct showroom addition with an insufficient
frontyard setback from the north property line . Location of
Property : Corner of Main Road and the East Side of Cottage Place ,
Southold , NY ; County Tax Map Parcel No . 1000-62-3-20 and 19 .
7 : 35 p .m . Appl . No . 3674 - RICHARD MULLEN , JR. Special
Exception to the Zoning Ordinance , Article VII , Section 100-71 ,
Bulk Schedule , for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B- l " General Business Zoning District . Location of Property :
Corner of Main Road and the East Side of Cottage Place , Southold ,
NY , 1000-62- 3- 19 and 20 .
7 : 45 p .m . Appl . No . 3684 - WILLIAM AND VERA MOLCHAN .
Variance to the Zoning Ordinance , Article III , Section 100- 32 ,
for permission to locate accessory inground swimmingpool , decks ,
and fence enclosure in the frontyard area ( in excess of 300 feet
from the front property line ) at premises located along the north
side of Ruth Road (north of Sunset Drive ) , Mattituck , NY County
Tax Map Parcel No . 1000- 106- 1 -3 .
7 : 50 p .m . Appl . No . 3514 - GEORGE P . SCHADE . Variances to
the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule ,
for approval of the proposed insufficient lot area and width of
two parcels in this pending set-off division of land located
along the west side of Cedar Lane (west of Summit Road ) , Southold ,
NY ; County Tax Map Parcel No . 1000-78-7-42 .
Page 2 - Notice of Hearings
Regular Meeting November 10 , 1987
Southold Town Board of Appeals
7 : 55 p. m. Appl . No . 3673 — NICK MIHALIOS . Variance to the
Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to
locate inground swimmingpool , decks and fence enclosure with an
insufficient setback from the top of bluff along the Long Island
Sound . Location of Property : north side of The Strand, Lot #124 ,
Map of Pebble Beach Farms , East Marion , NY ; County Tax Map Parcel
No . 1000-30-2-74 .
8 :00 p .m . Appl . No . 3680 - LEONARDUS AND MARIE VANOUDENALLEN .
Variance to the Zoning Ordinance , Article III , Section 100- 31 , Bulk
Schedule , for permission to construct addition to dwelling with
an insufficient setback from the closest point of arc along the
front property line . Location of Property : North Side of Sailors
Lane (a private road ) , approximately 147 feet west of Little
Peconic Bay Road , Nassau Point , Cutchogue , NY , County Tax Map
Parcel No . 1000- 111 -14-7 .
8 : 05 p . m. Appl . No . 3683 - GEORGE L . PENNY INC . Variance to
the Zoning Ordinance , Article XI , Section 100- 119. 1 , for permission
to erect fence in the frontyard area at a height not to exceed
6 ; feet . Location of Property : North Side of Sound Avenue (or
North Road ) , and the South Side of C . R. 48 , (Middle Road ) ,
Mattituck , NY , County Tax Map Parcel No . 1000- 141 -3- 38. 1 .
8 : 10 p .m . Appl . No. 3682 - GEORGE L . PENNY INC . /JERRY SHULMAN .
Special Exception to the Zoning Ordinance , Article VIII , Section
100-80 ( B) for permission to use existing storage building for
warehousing and storage of lumber and building materials and
supplies , in conjunction with the existing lumberyard opposite
Sound Avenue . Zone District : "C-Light Industrial . " Location
of Property : South Side of Sound Avenue (or North Road ) , Matti -
tuck , NY ; County Tax Map Parcel No . 1000- 141 -3-41 .
8 : 15 p .m . Appl . No . 3678 - DAVID LaFRENIERE . Variance to
the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule ,
for permission to construct addition to existing building with
an insufficient setback from the side (westerly ) property line .
Location of Property : Corner of Main Road and the West Side of
Peconic Lane , Peconic , NY ; County Tax Map Parcel No . 1000-75- 5- 10 .
Zone District : "B- 1 " General Business .
8 : 20 p . m. Appl . No . 3671 - ANDRE AND THOMAS CYBULSKI .
Variance to the Zoning Ordinance , Article III , Section 100- 30 (A)
Page 3 - Notice of Hearings
Regular Meeting - November 10 , 1987
Southold Town Board of Appeals
for permission to utilize premises for book publishing operations ,
wholesale book storage , and updated 280-A approval over the
existing private right-of-way for such use . Zone District : "A"
Residential and Agricultural . Location of Property : West Side
of Depot Lane , Cutchogue , NY ; County Tax Map Parcel No .
1000- 96-5- 1 . 2 and part of I . I .
8 : 35 p . m. Appl . No . 3679 - ROBERT AND DOLORES SCHISSEL.
Variance for permission to construct open deck addition with an
insufficient setback from nearest wetlands per Article XI ,
Section 100- 119 . 2 . Location of Property : 710 West Shore
Drive , Reydon Shores Map , Lot 9 ana part of 8 , Southold , NY ;
County Tax Map Parcel No . 1000-80- 1 -46 .
8 : 45 p . m . Appl . No . 3564 - JOHN DEMPSEY/ROBIN RAEBURN .
Variances : (a ) for final approval under New York Town Law ,
Section 280-A over the existing private right-of-way , and
(b ) for permission to locate proposed dwelling with an
insufficient setback from top of bluff along the Long Island
Sound , per Article XI , Section 100- 119 . 2 . Location of
Property : Extending at the north end of a private right-of-way
(traveled over lands of Bokina from the north side of Bridge
Lane Extension and Oregon Road in a northerly direction )
to the subject premises identified on the Suffolk County Tax
Maps as District 1000 , Section 73 , Block 2 , Lot 3 . 6
(prev . 3 . 4 and 3 . 5 ) .
9 : 00 p. m. Appl . No . 3672 . ANTHONY GAMBINO . Variance
to the Zoning Ordinance , Article XI , Section 100- 119. 2 for
approval of the construction of new awelling with an
insufficient setback from nearest tidal wetlands and/or
ordinary highwater mark along Deep Hole Creek . Location
of Property : East End of Lupton Point Road , Mattituck , NY ;
County Tax Map Parcel No . 1000- 115- 11 - 10 .
The Board of Appeals will hear at said 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 : October 26 , 1987 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P . GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
------------------------- --------- ----- ---------------- -- -------x
0 0
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Tuesday , -November 10 , 1987
Copies to the following on or about 10/27 /87 :
Mr . and Mrs . Robert Mohr , 37 Mt . McKinley Ave , Farmingville , NY 11738
Mr . and Mrs . Donald Lubov , 1275 Nakomis Road , Southold , NY 11971
Mr . and Mrs . Kerry Ellis , 33- 51 60th Pl . , Woodside , IVY 11377
Mr . and Mrs . Michael Tisbo , Minnehaha Blvd , Southold , NY 11971
Mr . John Bertani , 1380 Oakwood Drive , Southold , NY 11971 ( for Mullen Motors
Mr . and Mrs . William Molchan , Box 1197 , Mattituck , NY 11952
Mr . Henry E . Raynor (Agent for George P . Schade ) , P . O . Drawer A ,
Jamesport , NY 11947
Mr . Nick Mihalios , 23-50 31st St , Astoria , NY 11105
Mr . Gerry Horton ( Builder for L . VanOudenallen ) , Box 1008 , Mattituck 11952
Charles R . Cuddy , Esq . (Attorney for Penny Lumber )
180 Old Country Road , Box 1547 , Riverhead , NY 11901
J . Kevin McLaughlin , Esq . (Attorney for D . LaFreniere )
828 Front Street , Box 803 , Greenport , NY 11944
Abigail A. Wickham , Esq . (Attorney for A. Cybulski )
Main Road , Box 1424 , Mattituck , NY 11952
Mr. John Bertani , 1380 Oakwood Drive , Southold , NY 11971 (for R . Schissel )
Rudolph H. Bruer , Esq . , (Attorney for J . Dempsey ) , Main Road , Southold 119/
Philip J . Cardinale , Esq . (Attorney for T. Bokina ) ,
Jamesport Center , Jamesport , NY 11947
Mr . Ted Bokina , Pinewood Road , Cutchogue , NY 11935
Stephen R. Angel , Esq . , 108 East Main St . , Box 279 , Riverhead , NY 11901
(Attorney for M. Murphy )
Eric J . Bressler , Esq . (Attorney for A. Gambino )
Main Road , Box 1424 , Mattituck , NY 11952
Mr . Anthony Gambino , 850 Deep Hole Drive , Mattituck , NY 11952
Mr . and Mrs . Joseph A. Esquirol , Jr .
1350 Lupton Point Road , Mattituck , NY 11952
Suffolk Times , Inc . Personal Delivery
L . I . Traveler-Watchman , Inc .
Posted on Town Hall Bulletin Board , Z . B . A . Bulletin Board .
Copies to Building Department , Planning Department , and
Town Board Members 10/2.7 /87 .
Copies to ZBA Members with copies of files 10/28/87 ( in person ) .
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Tuesday , -November 10 , 1987
Copies to the following on or about 10/27 /87 :
Mr . and Mrs . Robert Mohr , 37 Mt . McKinley Ave , Farmingville , NY 11738
Mr. and Mrs . Donald Lubov , 1275 Nakomis Road , Southold , NY 11971
Mr . and Mrs . Kerry Ellis , 33- 51 60th PI . , Woodside , NY 11377
Mr . and Mrs . Michael Tisbo , Minnehaha Blvd , Southold , NY 11971
Mr . John Bertani , 1380 Oakwood Drive , Southold , NY 11971 ( for Mullen Motors
Mr . and Mrs . William Molchan , Box 1197 , Mattituck , NY 11952
Mr . Henry E . Raynor (Agent for George P . Schade ) , P . O . Drawer A ,
Jamesport , NY 11947
Mr . Nick Mihalios , 23-50 31st St , Astoria , NY 11105
Mr . Gerry Horton ( Builder for L . VanOudenallen ) , Box ' 008 , Mattituck 11952
Charles R . Cuddy , Esq . (Attorney for Penny Lumber )
180 Old Country Road , Box 1547 , Riverhead , NY 11901
J . Kevin McLaughlin , Esq . (Attorney for D . LaFreniere )
828 Front Street , Box 803 , Greenport , NY 11944
Abigail A. Wickham , Esq . (Attorney for A . Cybulski )
Main Road , Box 1424 , Mattituck , NY 11952
Mr. John Bertani , 1380 Oakwood Drive , Southold , NY 11971 ( for R . Schissel )
Rudolph H. Bruer , Esq . , (Attorney for J . Dempsey ) , Main Road , Southold 1197
Philip J . Cardinale , Esq . (Attorney for T. Bokina ) ,
Jamesport Center , Jamesport , NY 11947
Mr . Ted Bokina , Pinewood Road , Cutchogue , NY 11935
Stephen R. Angel , Esq . , 108 East Main St . , Box 279 , Riverhead , NY 11901
(Attorney for M . Murphy )
Eric J . Bressler , Esq . (Attorney for A. Gambino )
Main Road , Box 1424 , Mattituck , NY 11952
Mr . Anthony Gambino , 850 Deep Hole Drive , Mattituck , NY 11952
Mr . and Mrs . Joseph A. Esquirol , Jr.
1350 Lupton Point Road , Mattituck , NY 11952
Suffolk Times , Inc . personal Delivery
L . I . Traveler-Watchman , Inc .
Posted on Town Hall Bulletin Board , Z . B . A . Bulletin Board .
Copies to Building Department , Planning Department , and
Town Board Members 10/27 /87 .
Copies to ZBA Members with copies of files 10/28/87 ( in person ) .
o Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
T TELEPHONE 1516) 765-1809
APPEALS BOARD November 10 . 1987
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A.
SERGE DOYEN, NEGATIVE ENVIRONMENTAL DECLARATION
GLASS L
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO. : 3671
PROJECT NAME: ANDRE AND THOMAS CYBULSKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse _effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to utilize premises for book
publishing operations, wholesale book storage, and updated 280-A
approval over existingprivate ROW for such use.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Depot Lane, Cutchogue, NY _
1000-96-5-1. 2 and part of 1. 1
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) This is an application concerning use of premises and is
not directly related to new construction.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
me
L � �
i x '
s Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUDITH T. TERRY "'� ::_r�-y'v TELEPHONE
TOWN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 1987
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3671 application of Andre J. & Thomas A
Cybulski for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD. P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952
MORTGAGE OFFICE
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353 516-298-5300
DANIEL C.ROSS
September 10, 1987
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application for Variance of Andre J. & Thomas A. C bulski
Gentlemen:
Enclosed are the following in connection with the above application:
1. Application, in triplicate.
2. Notice of Disapproval from the Building Inspector.
3. Short Environmental Assessment Form.
4. Wetlands Questionnaire.
5. Original Notice to Adjoining Owners with Affidavit of Service thereon.
6. Four (4) prints of the survey.
7. Checks totalling $150.00, representing the application fee.
If you require any further information, please contact us as soon
as possible.
Very truly yours,
AAW/jas Abigail A. Wickham
Encls.
P.S. Also enclosed is the Zoning Board of Appeals Questionnaire and a copy
of the current deed. We are in the process of obtaining Certificates of
Occupancy.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FSION OF BUILDING INSPECTOR APPEAL NO. � �
SEP 1 4 W DATE ..August 27, 1987
TO THFI10t"%~OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We) Andre..J:...&..Thomas..A:. Cybulsk ........Of ....Depot,Lane,..................................................
Name of Appellant Street and Number
Cutchogue, New York HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
Abigail Wickham, a/c of Andre J. & Thomas A. Cybulski
.................................................................................
Nome of Applicant for permit
of
........... ..............................New..Yatk...................
Street and Number Municipality State
( x) PERMIT TO USE premises for book publishing.
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
I LOCATION OF THE PROPERTY . Right of Way on West side .of Depot„Lane
.....................
Street and Hamlet Zone
1000-096.00-05.00-001.002 OWNER (S) : Andre J. & Thomas,A, .Q%4i}lski
.................................................................................
Iv1cp No. Lot No.
DATE PURCHASED: August ,73 ,19,7,3 , , , , , , ,,
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sectlor and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance )
Article 111 , Section 100-30A
3 TYPE OF APPEAL Appeal is made herewith for
( x) A VARIANCE to the Zoning Ordinance or Zoning Map
x7 A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) Rmsxnet) been madeauit}xaaspect�mmcthoa:aieoisoa>4
ofxphec$ ) g�mr �g with respect to this property.
Such cppeol was ( ) request for a special permit
( x) request for a variance §280-A
and was made in Appeal No. 1783.„...............Dated „June 7, 1.9.7.3
REASON FOR APPEAL
( x) A Variance to Section 280A Subsection 3
( x) A Variance to the Zoning Ordinance
is requested for the reason that we would like to obtain a use variance for three barns
on the premises so that they may be used for wholesale book storage, book publishing
operations and for modification of the existing 280A approval to allow use of the existing
right-of-way and proposed right-of-way for such purposes.
Form ZB1 (Continue on other side)
I 1
REASON FOR APPEAL • Continued
I STRICT APPLICATION OF THE ORDINANCE would produce procticq'I,.difficulties or unneces-
$ i ='..
sary HARDSHIP because The three large barns on the premises, until recently used for
a potato grading business, are not suitable for residential 1llG0sw nm;L 11hgffplicants
have been unable to sell the property for such uses. The size and and type of barns
and their location next to the Long Island Railroad tracks and other commercial and
industrial zoned property renders the value of the parcel for residential use questionable.
The property was put on the market for sale in 1986 , after local agricultural economic
conditions rendered the potato grading business unprofitable. The property was offered
to several vineyard owners, but there was no interest as the property is off the highway
and not visible to retail traffic. The only interest expressed was for business use,
including a moving and storage business, a trucking warehouse, a contractor' s and cabinet
shop, and a book storage and publishing operation. The proposed use is in the applicant's
opinion the least offensive use that the market can offer in order to obtain a reasonable
return on the property.
7 The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this roperlyand in this use district because of the three large barns located
on the centra portion of the property.
3 The Vanance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
_1 !;,RACTER OF THE DISTRICT because there is already extensive commercial zoning in the
area. The parcel has a frontage of415 feet on the Long Island Railroad, opposite which
is a C-zoned parcel . The easterly boundary of the property abuts the B-zoned Blue Top
Bar, and there is another B-zoned parcel directly across the street. There will be no
adverse impact on these lesser zoned properties. As to the residential properties,
there will be no adverse impact on the vineyard to the South, and the buildings are
some distances from the woodland to the west. The use proposed is quiet, odorless, con-
ducted entirely indoors, and is much less offensive than agricultural operations. The
only traffic will be occasional small trucks or vans and daily cars for approximately 6 to
10 employees. There will be virtually no traffic on weekends and in the evenings.
THOMAS A. CYBULSKI
STATE OF NEW YORK )
....... . .. . ..... .
COUNTY OF SUFFOLK ) S. notu
ANDRE J. C'Y LSRI
�7 .....August,............. 19 87
Sworn to this ........././�./.......... .. . ..... .J../. .J....
day of.......... .............
�i Notory Public
ABIGAIL A.WICKHAM
Notary Public,State of NOW V4*
mo.62-4642871
Qualified in Suffolkdq
Commidion E>gtirea Sevt 90. 1
BOARD OF
hh APPEALS, TOWN OF SOUTHOLD
AbigailtAe [Tic�crham ha�c otron of
Andre J. & Thomas A. Cybulski NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
Mr. William Beebe, New Suffolk Lane, Cutchogue, New York 11935
MTA, Long Island Railroad, Jamaica Station, Jamaica, New York 11435, Attn: Legi Departmen,
(first notice returned, address incorrect) .
YOU ARE HEREBY GIVEN NOTICE: r
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Right of Way off West side of Depot Lane, Cutchoeue, New York.
Suffolk County Tax Map 111000-096.00-05.00-001.002
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential & Agricultural
4. That by such Petition, the undersigned will request the following relief: To convert potato packaging
buildings to book publishing and modify existing 280A approval to permit said use.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-30A
[x] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof,a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right to appear and be heard at such hearing.
Dated: October 1, 1987 —J
Petitionb)3 i ioner�bkham, Attorney for
wner
Owners ' Names : Andre J. & Thomas A. Cybulski
Post Office Address
Depot Lane, Cutchogue, New York 11935
_ OIMNIMrW�M� �»
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i
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
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STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
_Joyce A. Steiner residing at 590 Silver Colt Road, Cutchogue,
New York 11935 beim� dy� swo n deo sand days [h�( the 1st dad
of October 19 87 /, eponen`f'mai�r8 a c°op SPIM tice sed fbrtrhelMV y
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 Mattituck, New York ; that said Notices were mailed to each of said persons by
(certified) (mVitxuvex4 mail.
Jq ce A. Steiner
Sworn to before me this 1st
day of October 11987
tCVI ba l4
Notary Public
a wL
oa
(This side does not have to be completed on form transmitted to adjoining
property owners . )
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Ab
Andira S_ F igail WickThham a/c of NOTICE
maa 4. C h+.l nki
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
MTA, Long Island Railroad, 1700 Broadway, N.Y. , N.Y. 10019
Ms. Victoria E. Bugdin & A.L. Grohoski, Depot Lane, Cutchogue, NY 11935
Ms. Irene Grohoski, Depot Lane, Cutchogue, N.Y. 11935
Mr. & Mrs. Andrew Cybtylski, Depot Lane, C tchogu N.Y. 11935
Ms. Vir inia E. McCCaff er , Dep t L ne, P.(8 B x 4, Cutc ogue, N.Y. 11935
Ms. Eva gM•YOU AVE H�REBI�GI`VENtN'00ft'L.. �19
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)
1.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Right of Way off West side of Depot Lane, Cutchogue, N.Y.
Suffolk County Tax Map #1000-096.00-05.00-001.002
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential & Agricultural
4. That by such Petition, the undersigned will request the following relief: To convert potato packaging
buildings to book publishing and modify existing 280A approval to permit said use.
5. That the provisions of the Southold Town .4oning Code applicable to the relief sought by the under-
signed are Article III Section lqO-30A
[L -' Section 280-A, New York Town Law jfor approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right to appear and be heard at such hearing.
Dated: August 27, 1987
Petitioner
Owners ' Names : Andre J. & Thomas A. Cybulski
Post Office Address
Depot Lane, Cutchogue. New York 11945
PROOF OF MAILING OFN OTICE
ATTACH CERTIFIED MAIL RECE PTS
NAME ADDRESS
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STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
Joyce A. Steiner residing at 590 Silver Colt Road, Cutchogue,
New York being duly sworn, deposes and says that on the 10th da
of September _' 1987 deponent mailed a true co y
p 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 Mattituck, New York ;that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 10th Jo; a A. Steiner
day of 196/7L . 2 i
Notary Public
52
(This side does not have to be Completed on form transmitted to adjoining
property owners . )
August 27, 1987
(Today ' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of Abigail A. Wickham a/c of Andre S. & Thomas A Cybulski
Location of Property: Right of Way off West side of Depot Lane Cutchogue, NY
Suffolk Countv Tax Map #1000-096.00-05.00-001.002
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 in the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 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 in need of (minor)
(major) repairs, and approximately feet in
length.
[ l 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.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ]
I V
Sly
h H f
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short SAF is is assumed that the
preparer will use currently available information concerning the project and the
rn likely impacts of the action. It is not expected that additional studies, research -
o or other investigations will be undertaken.
m
'j (b) If any question has been answered Yes the project may be significant and a
Ln completed Environmental Assessment Form is necessary.
(c) If all
questions have been answered No it is likely that this project is
not significant.
(d) Environmental Assessment
N
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? . . . . . . . . . . . Yes No
rn —
2. Will there be a major change to any unique or
unusual land form found on the site? . . . . . Yes __�,INo
z 3• Will project alter or have a large effect on an existing body of water. . . . . . . . . Yes No
b 4. Will project have a potentially large impact on /
0 groundwater quality? . . . . . . . . . . . . Yes V No
5. Will project significantly effect drainage flow /
O on adjacent sites? . . . . . . . . . . . Yes 1/ No
(n —_
6. Will project affect any threatened or endangered
bplant or animal species? . . . . Yes No
a7, Will project result in a major adverse effect on C
air quality? . . . . . . . . . Yes ✓ No
ro 8. Will project have a major effect on visual char
atter of the community or scenic views or vistas
known to be important to the community? . . Yes No
9. Will project adversely impact any site or struct-
0 ure of historic, pre–historic, or paleontological
N importance or any site designated as a critical /
Oa environmental area by a local agency? . . . Yes ,/No
4 10. Will project have a major effect on existing or
future recreational opportunities? . . . Yes
O _IZNo
,a 11. Will project result in major traffic problems or
14 cause a major effect to existing transportation
Osystems? . . . . . . . . . . . . Yes
W
12. Will project regularly cause objectionable odors,
CD noise, glare, vibration, or electrical disturb–
ance as a result of the project's operation? . Yes _I�No
O 13. Will project have any impact on public health or
N
safety'? ��
Y' . .. Yes o
c
30 14. Will project affect the existing community by
F directly causing a growth in permanent popula-
tion of more than. 5 percent over a one-year
b period or have a major negative effect on the
O
character of the com^unity or neighborhood' . Yes No
15. Is there publ ' cont cv rs1z coat Hing the project? Yes —az`ko
)
PREPA.RER'S SIGNATI SL T ITLE;
REPRESENTRIG: A 1J. & om
dreThasmA. Cvbulski DATE: August 26, 1987
9/U78
Ap
i
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICAIWH FOR61S 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 ) 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 . )
*b ) Are there any areas open to a waterway without bulkhead? Yes
3. Are there existing structures at or below ground level ,
such as patios , foundations , etc? Yes N&
4 . Are there an existin or propose ence , concrete
barriers , decks , etc? ye IN
5 . If project is proposed for an accessory building or
structure , is total height at more than 18 feet above v /
average ground level ? State total : ft Yes Nc
6. If project is proposed for principal building or
structure , is total height at more than 35 feet above �.
average ground level ? State total : ft . Yes NE
7 . Are there other premises under your ownership abutting /
this parcel ? If .yes , please submit copy of deed. Yes 'Nd
8. Are there any building permits pending on this parcel
(or abutting land under your ownershi
p , ' if any ) . Yes �Nc
State Permit # and Nature :
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State , Town , County , Village , etc . ) :
Planning Board Yes "P
Town Board Yes Nr
Town Trustees Yes Nq
County Health Department Yes N
Village' of Greenport Yes N
N . Y . S . D . E. C . Yes N
Other Yes N
10 . Is premises pending a sale or conveyance ?
If yes , please submit copy of names or purchasers
and co ditions of sale . (from conga j Y� NO
�Pd Clat,w - Crn �� bT( 1 VAC �� utv« ��
11 . Is new construction 1ropcs�d 1n the area of contours
at 5 feet or less as exists? Yes N
12 . 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 I
inspection for possible waiver or permit u^der 'V Yes Ne
the requirements of Ch . 97 of the Town Code ?
13 . Please list present use or operations conducted upon the
subject property at this time LL,z . ,
and proposed b( (I,
*Please submit photographs for therecord .
I certify that . the above statements are true and are being submitted fo.r
reliancey t e Board of App is in considering my application .
S-Ygnacure Property OwWer ) Authorized Agent
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GUARANTEED TO:
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DATE: MAR, 11,1987 YOUNG a YOUNG, IVERHEAD, N.Y.
SCALE: 11 = 501 ALDEN W. YOUNG, N.Y S, PE SEL,S LIC. NO. 12845
NO, 87 - 180 HOWARD W YOUNG, N Y.S L S. NO. 45893
MP
60111