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NAIN I~I:)AD- STAT~ ~OAD :~5 SOLITNOLD, L.I,, N.Y, tI~?1
TELEPHONE (516) 765-'hB09
ACTION OF THE ZO~NING BOARD OF ~PEALS
Appeal No. 3673
Application gated September 17~ ]987
TO:
Mr. Nick Miha]i0s
. 23-50 31st Street
Astoria, NY 11105
[Appellant(s}]
At a Meeting of the Zoning Board of Appeals held on N0ven~ber !8, 1987~
the above appeal was considered~ and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law~ Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article ~ Section
IX]Request for Variance to the Zoning Ordinance
Article XI , Section 100-I19.2
, [. ],. Eequest for.
Application of NICKM~HALIOS for a Variance to the Zoning Ordi-
nance, Article XZ~ Sgc~on 10D-319.2 for permission to locate inground
swimm~ngpool, decks and fence eD.~losure with an insufficient setback
from the top of bluff along the Long Island Sound. .Location of
Property: North Side of The strand, Lot #t24, Map of Pebble Beach
Farms, East Marion, NY; Country Tax Map Parcel No~ 1~00-30-2-74.
~HEREAo~ a public hearing was held and!~concluded on November
1987 in the Matter of the Application of NICK MIHALIOS under Appl.
No. 3673; and
WHEREAS: at said hearing all those who desired to be heard
were heard and their testimony ?ecorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concern?rig this application; and
WHEREAS, the Board Members have personally viewed and are
familiar w~th the premises in question~ its present zoning~ and
the surrounding ar~as~ and
WHEREAS, the Board made the following findings of fact:
lo The premises in question is known and referred to as
Lot #124 as shown on the Map of Pebble Beach Farms Znc., NoD 2~
and designated on the Suffolk County Tax Maps as District t000~
Section 30, Block 2, Lot ~.
2. The subject premises contains a total lot area of .635
acre(s) and is improved with a single-family dwelling set back
as shown by survey prepared by Young and Young dated May 2, 1987
48.9 feet at its closest point from the front property line along
The Strand and 80.feet at its closest po.iht from the average line
of bluff. The sideyards are presently 10 feet at the east side
and 20 feet'fnom the foundation line at the west side (although
7.5 feet at.the west side from the carport addition).
3. By this application, appellant appeals from a Notice
of Disapproval from the Building Inspector issued August 26~ 1987
(CO_ _NT!NUED ON_ PAGE TJ,~O__)
DATED~ November 24,
1987~
CHAI~N~ SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2- Appl. No. 3'b~3
Matter Of NICK M~HALIOS'
Decision Rendered November
18, !987
for permission to locate inground swimmingpool with deck and
fence enclosure as sketched on the May 2, 1987 survey. The
pool is proposed with a setback at not less than 80 feet from
the average line of bluff, and approximately 7½ feet from the
west side property line. The fence enclosure is proposed at
75 feet from the average tine of bluff and three or more feet
from the west side property tine.
4. Article XI, Sectioh lO0=ltg.2~ s~bparagraph Ail]
the Zoning Code requires all buildings proposed on lots
adjacent to the Long Island Sound to be set back not less
than one-hundred (100) feet from the top of the bluff'.
of
5. It is noted that sections of the lot have been ~illed,
and the rearyard area currently slopes toward the bluff. Along
the western side of the property and onto the adjoining lot,
there is a low area (or drainag~ way) which also slopes toward
the bluff. The bluff face is well vegetated with woody vegeta-
tion, mostly of Bayberry, and appears stabile. It is the
opinion of this Board that actipns are necessary to reduce any
possibilities of concentrated water flows from flowing down
the bluff face, such as grading the rearyard area away from
the bluff. Constructing the swimmingpool at an elevation sub-
stantially lower than the top of the bluff and installing
gutters, downspouts and drywells for roof runoff will also
alleviate potential probtems~
6. In considering ~his appeal, 'the Board also finds and
determines that by locating the proposed construction as
further noted belpw: (a) the variance will be minimal and
will not be substantial in relation to the zoning requirements
being a variance 15 feet, or 35%1 (b) there will be no
substantial change in the ch'aracter of the area since
relief has been granted for similar bluff areas/properties
along the Long island So~n~ (c)'the circ'~mstances of the
property a~e uniqpe; (d) the ?actic~ difficulties claimed
are sufficient tg warrant the relief as alternatively granted;
(e) there is no other method feasible for appellant to pursue
other than a variance; (f) i~ vie~ of. all the above factors~
the interests of justice w~il be served...
Accordingly, on motion by Mro Goehringer~ seconded by
Mr. Sawicki, !t was
RESOLVED~ to GRANT the following alternative relief in
the Matter of the Application of NICK MIHALIOS under Appeal
No. ~3673, and~SUBJECT.'TO ~HE FOLLOWING ~ON.DITiONS~
1. That tho"pool be lo~te~ not closer than 85 feet to
the top of bluff a~d ~Oot b~ ]~nked directly to the house~
2. That there be no excavation or di'sturbance of land
within 80 of the average line of bluff;
3. That the pool be'locat-ed no~ closer than seven feet
and the deck not closer than three feet to the west side
property line;
4. That the east sideyard area remain open and unob-
structed the full width of ten feet at al! times Iincluding
Page 3 — Appl . No . 3673
Matter of NICK MIHALIOS
Decision Rendered November 18 , 1987
bushes , trees , etc . ) ;
5 . That drywell (s ) be, installed , and leaders and gutters
be piped (for proper drainage into the drywells ) ;
6 . That no surface water or other discharges flow over
top of bluff, and the rearyard be regraded toward the house .
7 . No lighting which may be adverse to neighboring
properties ;
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
lk
GERARD P . GOEHRINGER, &RAIRMAN
RECEIVED AND FILsED BY
THE SOUTHOLD TOWN CLERK
DATE /l&Sr&J HOUR //'< 2-<
0
Town Clerk, Town of Sout old
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 - RICMARD MULLEN, JR. V~riance
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 Schedules for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B-I" General Business Zoning District. Location of Property:
Corner of Main Road and the East Side of Cottage Place, Southold,
NY~ 1000-62-3~]9 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 a~d 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 ~cel No. 1000-78-7-42.
Page 2 Notice of Hearings
Regular Meeting November 10,
Southold Town Board of Appeals
1987
/:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the
Zoning Ordinances 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 Lon§ 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 ~oint, Cutchogue, NY; County Tax ~a~
Parcel No. )000-111-14-7.
8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY INC. Variance to
the Zoning Ordinance, Article XI, Section lO0-119.1, for permission
to erect fence in the frontyard area at a height not to exceed
6½ 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
lO0-80[B) for permission to use existing storage building for
warehousing and storage of lumber and building materials ano
supplies, in conjunction with the existing lumberyard opposite
Sound Avenue. Zone District: "C-Light Industrial." Locati6~
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-l" General Business.
8:20 p.m. Appl. No. 3671 ANDRE AND THOMAS CYBULSKI.
Variance to the Zoning~Ord~nance, Article III, Section IO0-30(A)
Page 3 Notice of Hearings
Regular Meeting November lO,
Southold Town Board of Appeals
987
for permission to utilize oremises 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 1.1.
8:35 p.m. Appl. No. 3679 ROBERT AND DOLORES SCHISSEL.
~ariance for permission to construct open deck addition with an
insufficient set~ack from nearest wetlands per Article XI,
Section 100-119.2. Location of Property: 7 0 West Shore
Drive, Reydon Shcres Map, Lot 9 an~ part ot 8, Southo~d, ~Y;
County Tax Map Parcel No, 1000-80-1-46.
8:45 p.m. Appl. ~o. 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
Propeety: Extending a~ 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 22 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 ~ew~a~elling with an
insufficient setback from nearest tidal wetlands and/or
ordinary highwater mark along Deep Hole Creek. Location
of Property: East End of Lupron Point Road~ Mattituck, NY;
County Tax Map Parcel No. lO00-115-11-10.
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
iGERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secret~ry
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Fi/eNo ................................ Date .(~ ~...~..¢ ...... , 19 .~...~..
/
~..~.: .~.. .... ~ ! :r. ,g.~ ........
. .C~....~...~..~..~ ,.~,... ~! .~.?.~. ......
PLEASE TAKE NOTICE that your application dated ...~~..~...&..~. .... , 19 .~.
for p .it to .............. at
Location o f Property ././. ~ .~..~ ........ .-~..~o?.....-~...~ .........
House No. Street Ham/et
Counzy Tax Map No. 1000 Section .... ~.~.~ ..... Block .... .~...~. ..... Lot . .~.~. ..........
Subdivision ~ .~b.~.13,"'~... ~..%~ .... l~iied Map No ................. Lot No../..~?. ...........
is returned herewith and disapproved on the following grounds..0~...k~.-,~__..
Building Inspector
,,~t~l~ TOWN OF SOUTHOLD, NEW YORK
APP~L~i~/~CISION OF BUILDING. INSPECTOR
I~IilJJ~JIJJ~RD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL Nn 3 (~ '~)
.....
L 'H~,~ L. l o G of ............................................................................
Name of Appeilor~t Street and Number
.;~.~..~...j..~.. .......... ..~.:..~: .................... [..[.[..o..~... ........................................... /.HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....~.?...~.?...~..~ ....... ...".'~....~.,.~......(..~...~,.?
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of ...... .......... ....... ........ ....... .........
Street and Number Municipality State
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..~.!...~..~........~...N...~.......~...m~...,~...A,..~....~.. ............. ~.,~........~....~,.~..!..o....~.. .......
Street /Hamlet / U~ District on Zoni~ Mop
~.~?.~.~..??..?~.~.~.~.~.~]~.~.~.~.?.~..Z~...Current ~ner ~aK ~,~*~,~ ~
MaE ~.
Lot
Pri0r
0~ne~
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article ~[~. Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article ~ Sec¢ion t~- ~
3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
('~') A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
PREVIOUS APPEAL A previous appeal (has)~as not, been made with respect to this decision
4.
of the Building Inspector or with respect to this property.
Such appeal was ~ ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical
sory HARDSHIP because ~o ~-f~o c-'t i¢~ro ~
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because -T~ g~P~c~ AoA~,w.AgLg
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OFfs)
Sworn to this ............. ./...,~ ......................... day
Signature
Notary PuBlic
OWNER
STREET
FARM
DATE
VILLAGE_ ,
REMARKS
Tillable
Woodland
Meadowland
House Plot
Total
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH __~
BULKHEAD
COMM. CB. M/CS. Mkt. Value
FORMER OWNER N
RES.
LAND IMP. TOTAL
JW
Lo~
,zlreo :25917S. E
FouND P~TION
$7'RAND
HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT
I~= MONUMENT ~ =
SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY
ON dUNE 11~1~75 ~,$ FILE N0.6266
SURVEY FOR
NICK MIHALIOS ~ EKATERINI MIHALIOS
LOT 17_.4., "MAP OF PEBSLE BEACH FARMS"
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY~ NEW YORK
MAY ~: 198T
MAR.
MAR. 14, 1986
DATE: MARCH 8~ 1986
SCALE: 1"=40'
NO, 86-167
GUARANT
:E CO.
YOUNG & YOUNG
RIVERHEAD~ NEW YORK
ALDEN ~YOUNG. PROFESSIONAL EHG1NEER
AND LAND SURVEYOR N.%S. UCENSE N012845
HOWARD~YOUNG, LAND SURVEYOR
N.~S. LICENSE N0.4589S
COUNTY OF SUFFOLK
Michael A, LoGranck~.
SOiL AND WATER CONSERVATION DISTRICT
NovemLer 4, 1987
Gerard P. Goehringer, Cha~zmm]
"S~l~hold Town Board of Appeals
Mm~n Road - State P~ad 25
Southold, N~ York 11971
~ar ,~r. Goehrtnger:
Rmgardino your request for our assessummt of Application No, 3673 Nit?. ~'!i_~lios
(Var'iane~), please be ad~sed t[mt a site 2Unspection was conducted on
At this tin~ it was noted tbmt the stakes depicting the northern side of the proposed
sw~ming pool ~re approximately 60 feat from the top edge of the bluff. _"he bluff
face was well vegetated with wooc~f vegetation; mostly consisting of Bayber~f and appeared
stabile.
Sectiorm of the lot, including the proposed ~ pool locaticm~ have been filled,
and currently the rear yard area slopes toward the bl~tff. Alo~tg the western side of
the property and onto the adjoining lot there is a l~w area or drainage-way ~,~icb slopes
t~ard the bluff.
Devulopm~nt of the lot, including the swimming pool and ded,'s vJll increase storm water
surface rumoff. If concentrated fl~m.~ of water are all~.~d to flow d~m the bluff face,
serious soil erosion and bluff recession will occure. Pot~ntia! sources of concentrated
f].~s of water are from roofs, patios, decJr~, seasonal lowerfang of svrlmming pool water
level, and filter cleaning,
D~tior~s sb~uld be t~<en to re&me any possibilities of concentrated water fl~.~s from flowing
do~a~ the bluff face. Grading the rear yard area away from the bluff is most iul~ortant.
Constructing the s~vim~Lng pool at an elevatic~ std~stantially !~ver tb~n the top. of the
bluff and installing gut'ters, d~spouts, ~d dry~lls for roof runoff water could also
alleviate potential preblemm,
If you require any additional information please contact our office,
Sincerely yours,
~lomas J. ~Mahon
?~nior District Technician
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
December 1, 1987
Applicant: Nick Mihalios
Mun. File No.: 3673
S.C.P.D. File No.: SD-87-31
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Co~mission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Comments: With the understanding that the swimming pool will be situated no
closer than 85 ft. from the bluff line and that appropriate mitigating measures
will be set forth to insure the integrity of the bluff.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERAN5 MEMORIAL HIGHWAY
HAUPPAUGE. L,I,, NEW YORK 11788
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 - SnUTHDLD, 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. SAWtCKI
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article x[ , SectionZOO-Z19.2
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3673 Applicant: Mr. Nick Mihalios
Location of Affected Land:ti50 The Strand, East Marion,
County Tax Map Item No.: 1000-30-2-74
Within 500 feet of:
Town or Village Boundary Line
NY
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Hig.?~ay, Thruway
Boundary of Existing or Proposed County, State or
Boundary of Existing or Proposed County, State or
Other Recreation Area
Federally Owned Lar
Federal Park or
or
Existing or Proposed Right-of Way of Any Stream
Owned by the County or for Which The County Has
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
or Drainage
Established
Channel
Channel
COMMENTS: Applicant is requesting permission to locate inqround
swimminqpool, decks and fence enclosu£e with mn insufficient setback__
from the top of~bluff along Lon9 Island Sound
Copies of Town file a'hd related documenLs enclosed for your rev ~w.
Dated: November 25, 1987 .
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSI~PH H. SAWICKI
November 24, 1987
Mr. Nick Mihalios
23-50 31st Street
Astoria, NY lll05
Re: Appeal No. 3673 (Variance)
Dear Mr. Michalios:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board of Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department for
issuance of any permits or other approvals in writing as may
be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning
Yours very truty,
GERARD Pi GOEHRINGER
CHAIRMAN
By Linda Kowalski
Commission
TRANSCRIPT,OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
R'EGULAR MEETING OF
TUESDA~,-'NOVE~BER 16, 1987
Appl.-N0.. 3673
Applicant(s): Nick Mihalios
Location of Property: North Side of the Strand,
.County Tax. Map ID No. 1000- 30 ; :2 - 74
Pebble Beach Farms,
East Marion.
Board-Members'present were: Chairman Goehringer P.
Members: Grigonis, Douglas~, Sawicki, and.Doyen.
Goehringer,
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 8:00 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a ~opy of a survey, the most recent
date is May 2,--1987 indicating a"~ot number 24 of 25,917 square
feet indicating, a masonary two-story structure which is a house
and car port and pencilled in is a proposed (appears to be close
to a free-flow) swimming pool~appr0ximately,.. .The deck area is
approximately 75 feet from the average line of the bluff and the
pool?itself is approximately 80 feet fnom the average line of the
bluff. And there is shown on the survey, a rear setback line of
which the applicant indicates that he is encroaching approximately
12 feet into. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. I'll ask
you the same question that we asked the last gentleman with a
swimming pool. Do you at any time, have any intention of ever
enclosing this swimming, pool?
MR. MIHALIOS:, No sir.
CHAIRMAN GOEH~INGER: We really couldn'~ ask this question of the
other Person because he didn't have any neighbors. But are you
planning on a~y overhead lighting that would cause a problem to
your neighbor~/? ?I. know you don't have any neighbors at this time.
Also however, ~he'~e's a great possibility that you may in the fu-
ture. Are you planning anything that would be obtrusive?
MR. MIHALIOS: When you say overhead lighting, would you explain
what you mean?
CHAIRMAN GOEHRIN~ER: Well, lights on the house that would, be-
cause the house is at least a' 2% story house, shine down on the
pool that may cause a problem to a neighbor.
1987
Mihalios
Page 2 - November
Public Hearing -
Southold ZoB.A.
MR. MIHALIOS: The only lights for the pool would be to the rear
in case of emergencies and things like that but nothing that would
bother the neighbors. We have some lights in the back of the
house.
CHAIRMAN GOEHRINGER: There are no lights from the eaves, .2½
stories up, shining down?
MR. MIHALIOS: No.
CHAIRMAN GOEHRINGER: How close is the pool to the actual property
line on the west side?
MR. MIHALIOS: To my neighbor? 7½ feet.
CHAIRMAN GOEHRINGER: 7½ feet. And how close is the deck?
MR. MIHALIOS: The deck is about 4 feet from~he pool. So it should
be about 3½ feet away from the adjoining property.
CHAIRMAN GOEHRINGER: When you refer to encroaching into the rear
setbackrline, are you referring to covenants and restrictions of
the subdivision of which they have requested you stay forward of?
Who established this rear setback line?
MR. MIHALIOS:
of Southold.
found it and
lief.
~ have no idea. I guess it would have to be the Town
I have no idea who established this. That's the way I
I respect it and that's why I'm asking a request for re-
CHAIRMAN GOEHRINGER: Is there anything that you would like to ad-
dress in reference to the letter from Soil and Water Conservation
here? Is there anything you can't abide by?
MR. MIHALIOS: Yes. I would make sure that all the water would not
run down the bluff but into a dry well. I would have dry wells there
to hold the water. At the same time, I would make sure that no water
off my rearyard would go into my neighbor's property. I would make
sure that water from mY proPerty would 9o into a dry well.
CHAIRMAN GOEHRINGER: Ok. Thank you very much. Is there anybody
else who would like to speak in favor of this application? Anybody
like to speak against the application? I should really pause there.
I apologize. Any questions from Board members. Hearing no further-
questions, I'll make a motion closing the hearing, reserving deci-
sion until later.
Ail in favor - AYE.
COUNTY OF SUFFOLK
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVAT;ON DISTRICT
STANLEY A. PAUZER
DISTRICT MANAGER
~vember 4, 1987
IWw. Gerard P. Goehringer, Chairm~n.
Southold Tc~nBoard of Appeals
Ma~n Road - State Road 25
Southold, NewYork 11971
Dearl'~r. ~oehringer:
Regarding yourrequ~st for our assessm~mt of ApplicationNo. 3673 - Nidc~lihalios
(Variance), please be advised that a site inspection was conducted on ~km~=mber 2, 1987.
At this time it was noted t~hat the stakes depicting the northern side of the proposed
sw~,--ingpooIwere approximately 60 feet from the top edge of the bluff. ~ebluff
face was well vegetated withwoodyvegetation; mostly consisting of Bayber~f and appeared
stabile.
Sections of the lot, including the proposed ~ pool location hav~ bean filled,
and currently the rear yard area slopes toward the bluff. Along the ~estern side of
the property and onto the adjoining lot there is a Iow area or drainage-way which slopes
toward the bluff.
Development of the lot, including the swinming pool and dec~ will increase storm water
surface ronoff. If concentrated flows of water are a!l~.~d to flow down the bluff face,
serious soil erosi~a and bluff recession will occure. Potential sources of concantrated
flows of water are from roofs, patios, ded~, seasonal lowering of sw~,,,~ing pool water
level, and filter cleaning.
;~tions should be taken to reduce any possibilities of concantrated water fl~s from flowing
down the bluff face. Grading the rear yard area away from the bluff is most important.
Constructing the swinming pool at an elevation substantially l~er tba~n the top of the
bluff m~d installing gutters, downspouts, and dry, ells for roof romoff water could also
alleviate potantial problems.
If you require any additional information please contact our office,
Sincerely yours,
Thomas J. MeMahon
F~nior District Technician
R~erhead, NewYork 11~01
Pho.o: 516-727-2315
Southold Town Board o£ Appeals
MAIN I~0AO- 5TATI[ ROAD ~5 SOUTHOLD, L.I., N.Y. 11c~71
TELEPHONE (516) 165 1809
APPEALS BOARD
MEMBERS
GERARD P, GOERRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J~ DOUGLASS
JOSEPH H SAWlCKI
October 19, 1987
Mr. Stanley A. Pauzer, District Manager
Suffolk County Soil & Water Conservation
Peconic Plaza Route 58
164 Old Country Road
Riverhead, NY 11901
District
Re: Appl. No. 3673 Nick Mihalios (Variance)
Dear Mr. Pauzer:
We have received an application for the proposed
coostruction of an inground swimmingpool with decks and
fence enclosure to be located approximately 75 feet
from the top of bluff along the Long Island Sound,
off the north side of The Strang, Pebble Beach Farms,
East Marion.
May we ask your assessment of this project prior
to our advertising this matter for a public hearing.
We expect that the public hearing on this matter will
be held on Tuesday, November 10, 1987.
Enclosed for your file and review are copies of
the Suffolk County Tax Map of the immediate area and
sketched survey map depicting the existing and proposed
construction.
Please don't hesitate to call if additional informa-
tion in necessary in your evaluation of this project.
Thank you for your present and past assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures By Linda Kowalski
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-P~es.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TO.TN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
July 16, 1987
Mr. Nick Mihalios
7-32 Point Crescent
Malba, N.Y. 11357
Dear Mr. Mihalios:
In regard to your letter of July 7, 1987, please
find attached a copy of the determination rendered by
the Bay Constable advising that no Wetland Permit will
be necessary for your proposed pool, as long as it is
constructed according to the plans submitted to this
office.
Should you have any questions regarding this matter,
please do not hesitate to contact this office. This
determination is not a determination for any other
department that may Dave jurisdiction regarding this
matter. We would advise you to return to the Building
Department to see if any other permits are required for
this project, prior to its commencement.
HPS:JW
Attachment
Very truly yours,
Henry P. Smith, President
BOARD OF TOWN TRUSTEES
cc - Building Department
Zoning Board of Appeals
Trustees
File
4:IEL.__D_RE~PO__RT -,POLICE DEPT., TOWN OF $OUTHOLD, NY j
Day of Occur ence Oate of Occ. Time of Oct. Olle of Report
_/
I
I~ee~ uYp~'~ o.~t ~ t en[~ ~,E ~ ~t Et e~ ~f ,E~ rc~.m ~t~t, al sC.r.~ervation
oom 19. Ston rook. .79, 7
Henry G. Williams
Commissioner
Dear ~('~x , ~C'~'~.\t~(-<~ I Oc~.~',
A review has ~been ,lade ofyour proposal tq:Q~¥~%~:UC~ %%~X[~ ~t~'~ IV
BY~e%~t~ i~'o~at~gu have submitted, the New York State Department'
of Environmental Conservation has determined that the parcel
~ project is:
Greater than 300' from inventoried tidal wetlands.
Landward of a substantial man-made structure
greater than 100' in length which was constructed prior to 9/20/77.
Landward of the 10' above mean sea level elevation contour on a
gradual, natural slope.
Landward of the topographic crest of a bluff, cliff or dune which is
greater than 10' in elevation above mean sea level.
Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations)
as a use not requiring a permit or notification letter of approval.
Therefore, no permit is required under the Tidal Wetlands Act (Article 25
of the Environmental Conservation Law). Please be advised, however, that
no construction, sedimentation or disturbance of any kind may take place
seaward of the I0' contour or topographic crest without a permit. It is
your responsibility to ensure that all necessary precautions are taken to
prevent any sedimentation or other alteration or disturbance to the
ground surface or vegetation in this area as a result of your project.
Such precautions may include providing adequate work area between the
10' contour or topographic crest and the project (i.e. a 15' to 20' wide
construction area) or erection of a temporary fence, barrier, or hay
bale berm.
Please note that any additional work, or modification to the project as
described, may require authorization by this Department. Please contact
this office if such are contemplated.
Please be further advised that this letter does not relieve you of the
responsibility of obtaining any necessary permits or approvals from other
agencies.
Very truly yours,
Deputy Regional Permit Administrator
NOTICE OF H~ARJ}q'G~
NOTICE IS HEREBY GIV-
EN, 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
BQARD O~F APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on TUESDAY,
NOVEMBER l0t 1987 at the
following times:
7:30 p.m. Appl. No. 3677-
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
111, Section 100-31 Bulk
Schedule, for approval of decks
attached to dwelling with insuf-
ficient rear and front yard set-
hacks, 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. ,H~,
Variance to the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission'to construct showroom
addition with an insufficient
fromyard setback from the
north property line. Location o~
Proper!y; Corner ef..M~ R~d
and the Fast Side of Cottag~
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 per-
mission to construct addition
for showroom use incidental to
the existing car-sales business
use in this "B-I" General
Business Zoning District. Loca-
tion of Property: Corner of
Main Road and East Side of
Cottage Place, Southold, NY.
t000-62-3-19 and 20.
7:45 p.m. Appl. No. 3684-
WILLIAM AND VERA
MOLCHAN. Variance to the
Zoning Ordinance, Article 111,
Section 100-32, for permission
to Ioca~e accessory inground
swimming pool, decks, and
fence enclosure in the h'ontyard
area (in excess ot' 300 feet from
the fron~ property line) at
premises located along thc no, Ih
side of Ruth Road (north of
Sunsel Drive), Mattituck, NS'
County ~h~ Map Parcel No
~ 1000.1t111i3.
7:50~. Appl. NO. 3514-
GEORGI~ p. SCHADF.
anances to the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk Schedule, for ap-
proval of the proposed insuffi-
cient 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. ..~
~' 7:55 p.m. AppL No. 3673- '~
/ NICK MIHALIOS. Variance to~
the Zoning Ordinance, Article/
XI, Section 100-119.2 for per-/
mission to locate inground[
swimming pool, decks and fence [,,
enclosure with an insufficient ~l'
setback from the top of bluff[
along the Long Island Sound. \
Location of Property: north side \
of The Strand, Lot No. 124, ]
Map of Pebble Beach Farms, ~
'~East Marion, NY; County Tax~
Map Pam~ 'No. 1000-30-2-74.
8:00 p.m. Appl No. 3680-
LEONARDUS AND MARIE
AN UDENALLEN. Variance
to the Zoning Ordinance, Arti-
cle Ill, Section 100-31, Bulk
Schedule, for permission to con-
struct addtion to dwelling with
an insufficient setback from the
struct 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), approx-
imately 147 feet west of Little
Peconic Bay Road, Nassau
Point, Cutchogue, NY, Coun-
ty Tax Map Parcel No.
1000-111-14-7,
8;05 p.m. Appl. No. 3683-
GEORGI~ L. PENNY INC.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.1, for permission lo erect
fence in the fromyard area at a
height not to exceed 6V2 feet.
Location of Property: North
Side of Sound Avenue (or
North Road), and the South
Side of C.R. 48, (Middle Road),
Matlituck, NY; County Tax
Map Parcel No. 1000-141-3-38.1.
8:10 p.m. Appl. No, 3682-
GEORGE L. ~NNY
iNC./JERRY S Hl~l~lVl A N.
Special Exception to the Zoning
Ordinance, Article VIII, Section
100-80(B) for permission to use
existing storage building for
~sarehousing and storage of
lumber and building materials
and supplies, in conjunction
with the existing lumberyard op-
posite Sound Avenue. Zone
D s r ct C-L~ghl nduatr a
Location of Propertye.'7~ou~
Side 6f Sound Avenae (o[ Nortfi, ,
Road), Mattituck, NY: Count~
Tax Map Parcel No.
1000-141-3-41.
8:15 p.m. Appl. No. 3678-
DAVID LaFRENIERE.
Variance to the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition to
existing building with an insuf-
iicient setback from the side
(westerly) property line. Loca-
uon of Property: Corner of
Main Road and the West Side of
Peconic Lane, Peconlc, NY;
County Tax Map Parcel No.
1000-75-5-10. Zone District:
"B-I" Geueral Business.
8:20 p.m. Appl. No. 3671-
ANDRE AND THOMAS
CYBULSKIr Variance to the
Zoning Ordinance, Article Ill,
Section IO0-30(A) for permis-
sion to utilize premises for book
publishing operations, whok:$ale
bool~ storage, and updated
280-A approval over the existing
private right-of-way for such
use. Zone District: "A" Residen-
tial and Agricultural. Location
of Property: West Side of Depot
Lane, Cutchosue, · '~
NY; County
Tax Map Parcel No.
100~-~f~5-1.2 and part of I.l.
8:35 p.m. Appl. No. 3679-
ROBERT AND DOLORES
SCHISSEL. \'~fiance for per-
mission to construct open deck
addition with an insufficient set-
back from nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydou Shores
Map, LOt 9 and part of 8,
Southold, NY; County Tax Map
Parcel No, 1000-80-146.
8:45 p.m. Appl No. 3564-
JOHN DEMPSEY/ROBIN
RAEBURN. Variafices: (-) for
final approval under Ne~ York
Town Law, Section '>80.A over
the existing private right.of-way,
and (b) for permission to locate
proposed dwelling with an in-
sufficient 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 bf Bokina from the
north side ~f Bridge Lane Ex-
tension and Oregon Road in a
northerly din~ctiOn) to the ~ub-
ject premises identified on the
Suffolk County Tax Maps as
District 1000, Section 73, Block
2, Lot 3.6 (prey. 3.4 and 3.5).
. 9:00 p.m. Appl. No. 3672--
ANTHONY GAMBtNO.
iOr-
dinance, Article XI, Section
i&3-ii3.2 for approval o( the
construction of new dwelling
with an insufficient setback
from nearest tidal wetlands
and/or ordinary highwater mark
along Deep Hole Creek. Loca-
tion of Property: East End of
Lupron Point Road, Mattituck,
NY: County Tax Map Parcel No.
1000.1t5-11-10.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard jrt each of the
above matters. Eai:h hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: October 26, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD R GOEHRINGER,
CHAIRMAN
Linda Kowalski.
Board Secretat ~
1[-10/29/g7130)
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
Sworn to before me this ..................... day of
...... ....
Notary Public
I{ARBARA FORB{E$
~Totary Public, State of Ne~ Y~k
No. 4806846
Q~ualified in Suffolk County
P,a~,e 34/The Suffolk Times/October 29, 1987
~l; s~fiq¥~8g ~' ,gS~ tgdoloO~eermT ~!~,~!~ gr', T
Logal Notices
GIVEN, ~u~n~ l~'l~'~p 267
of ~e ~ ~W ~ ~e C~e of
the ~ ~u~; the follow-
ing ~ will ~ held by the
SO~ ~ BO~D
OF ~P~ ~at a ~lar
M~g at ~e ~u~old Town
H~n ~ad, ~u~old, New
Yo~ ~ ' on ~SDAY,
NOVE~ 10, 1~7 at the
follo~ng
7:30 p.m. ~L N~ 3677 -
ROBE~ Va~ W
~ ~n~ ~, A~icle
IH, ~~1, Bulk
fi~ f~nt ya~ ~t-
beeCh--cie ~, ~tion
1~ ~ ~val of a~
g~.~ I~ ~ly
in ~ ~. ~tion of
~ Side of Wab~
St~t, ~ld, NY; Cowry
T~ ~p ~1 No. 1~-7~3-
~.2.
7:~ p.m. A~I. No. 3675 -
V~e ~ ~e ~ning ~i-
~. ~cle ~, ~ion 1~-
71, B~k ~, for ~i~
sion W ~ ~o~m ad~-
ti~ wi~ ~ i~uffident ~n-
t~ ~ ~m ~e no~
pm~y ~ne. ~on of ~p-
e~: ~ of ~in ~d and
tbe E~t Side of Cot~ Place,
~uthold, ~; Co~ty T~ Map
P~I No. 1~62~20 and 19.
7:35 p.m. A~I. No. 3674 -
~CH~ M~J.~N, J~
S~ial Ex~ption ~ the ~ning
Ordinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition for
showroom use incidental to the
existing car-sales business use
in this "B-I" General Business
Zoning District. Location of
Property: Corner of Main Road
and the East Side of Cottage
Place, Seuthold, NY, 1000-62-3-
19 and 20.
7:45 p.m. Appl. No. 3684 -
WILLIAM AND VERA MOL-
CHAN. Variance to the Zoning
Ordinance, Article III, Section
100-32~ for permission to locate
accessory inground swim-
mingpool, decks, and fence en-
closure in the frontyard area (in
excess of 300 feet from the front
property line) at premises lo-
cated along the north side of
Ruth Road (north of Sunset
Drivel, Mattituck, NY, County
Tax Map Parcel No. 1000-106-1-
3.
7:50 p.m. AppL No. 3514 -
GEORGE P. SCHADE. Vari-
ances 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), Seuthold, NY; County
Tax Map Parcel No. 1000-78-7-
42.
_N
t~ 7:55 p.m. Appl. No. 3673
NICK MIHALIOS. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for petrols- ~
sion to locate inground swim-
mingpool, decks and fence enclo-
sure 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. Vari-
ance to the Zoning Ordinance,
Article III, Section 100-31, Bulk
Schedule, for permission to con-
struct addition to dwelling with
an insufficient setback from the
closest point of arc along th~
front property line. Location of
Property: North Side of Seilors
Lane (a private road), approxi-
mately 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 Ordi-
nance, Article XI, Section 100-
119.1, for permission to e~ct
fence in the frontyard area at a
height not to exceed 61/2 feet. LO-
cation 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 INCJ
JERRY SHULMAN. Special
Exception to the Zoning Ordi-
nance, Article VIII, Section 100-
80(B) for permission to use exist-
ing storage building for wareh-
ousing 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), Mat-
tituck, NY; County Tax Map
Parcel No. 1000-141-3-41.
8:15 p.m. Appl. No. 3678 -
DAVID LaFRENIERE. Vari-
ance to the Zoning Ordinance,
Article VII, Section 100-71, Bulk
Schedule, for permission to con-
~truct addition to existing build-
lng 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-I" General Busi-
8:20 p.m. Appl. No. 3671 -
ANDRE AND THOM~ S
CYBULSKL Variance to the
Zoning Ordinance, Article III,
Section 100-30(A) for permission
to utilize premises for book pub-
lishing operations, wholesale
book storage, and updated 280-A
approval over the existing pri-
vate right-of-way for such use.
Zone District: "A" Residential
and Agricultural. Location of
Property: West Side of Depot
Lane, Cutehogue, NY; County
Tax Map Parcel No. 1000-96-5-
1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679 -
ROBERT AND DOLORES
SCRISSEL. Variance for per-
addition with an insufficient set-
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
old, NY; County Tax Map Parcel
JOHN DEMPSEY/ROBIN
RAEBURN. Variances: (a) for
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 Exten-
sion and Oregon Road in a
northerly direction) to the sub-
ject premises identified on the
Suffolk County Tax Maps as Dis-
trict 1000, Section 73, Block 2,
Lot 3.6 (prey. 3.4 and 3.5).
9:00 p.m. Appl. No. 3672 -
ANTHONY GAMBINO. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2 for
approval of the construction of
new dwelling with an insufficient
setback from nearest tidal wet-
lands and/or ordinary highwater
mark along Deep Hole Creek.
Location of Property: East End
of Lupton Point Road, Mat-
tituck, 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 desir-
ing to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: October 26, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEAL~
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
5756-1TO29
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
Mr. and Mrs. Donald Lubov, 1275 Nakomis Road, Southold, NY 11971
Mr. and Mrs. Kerry Ellis, 33-51 60th Pl., Woodside, NY 11377
Mr. and Mrs. Michael Tisbo, Minnehaha Blvd, Southold, NY 11971
11738
Mr. John Bertani, 1380 Oakwood Drive, Southold, ~IY 11971 (for Mullen Motors
Mr. and Mrs. William Molchan, Box 1197, Mattituck, NY l195Z
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 1~08, 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. 8ruer, Esq., (Attorney for J. Dempsey), Main Road,
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,
(Attorney for M. Murphy)
Southold 1197
NY ll901
Eric J. Bressler, Esq. (Attorney for A. Gambino)
Main Road, Box 1424, Mattituck, NY 11952
Mr. Anthony Gambino, 850 Deep Hole Drive, Mattituck,
Mr. and Mrs. Joseph A. Esquirol, Jr.
1350 Lupton Point Road, Mattituck, NY 11952
NY 11952
Suffolk Times, Inc. Personal Delivery
L.I. Traveler-Watchman, Inc.
Posted on Town ~all 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).
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
APPEALS BOARD
MEMBERS
November 10,
TELEPHONE (516) 765-1809
1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S. E. Q. R. A.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3673
PROJECT NAME: NICK MIHALIOS
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 Envir®nmental 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 [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to locate inground swimmingpool
decks and fence enclosure with an insufficient setback from the top
of bluff along Long Island Sound .~
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: The Strand, East Marion, N~ 1000-30-2-74
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
'mented as planned;
(2) The relief requested is a setback variance as regulated
by Section 617.13, 6 NYCRR, SEQRA.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
BOARD OF APPEAt. S. TO~N OF S~I, JTHOILD
In the Matter o~ the Petition of
to the Board of Appeals of the Town of Southold
TO: AcF-
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~,-~ }~intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~Variance~(Special Exception) (Special Permit) (Other) [c±rc[e cho±ce]
).
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows: (~o .-CITE ~T~,~ e3 ~ ~_.-A..%T J'4A~ Io ~
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: 'T~ C~t~..RTg~CT~ c?~; ~:
.5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article ~ Sec:ti.on/~ ~ ' ~"
[ ] 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 ma), then and there
examine the same during regular office hours. (516) 745-1809.
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
ri~lt to appear and be heard at such hearing.
Dated: C~}1%
Petitioner
Owners'Names:
Post Office Address
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
8~ tUJo4 Sd
STATE OF NEW YORK)
COUNTY O~)
SS.:
~J [Ctz. I-~ 14 A t- ~,~ g , residing at '7 - ST_ ~Po~ ~T CIEe'~cE ~T
~ ~ ~ ~A ~ ~ I ~ ~6 ~ , being duly sworn, depots and says that on the I ~ day
of ~T. ,19 ~ , deponent mailed a true copy of the Notice set forth on the re-
ve~e side hereof, directed to each of the above-named persons at the addresses set opposite thor respective
name; that the addresses set opposite the names of ~id persons are the addresses of said persons as shown on
the current assmsment roll of the Town of Southold; that ~id Notic~ were mailed at the United States Post ~-
rice a~~- = ~ ~* ~ ; that said Notices were mailed to each of said persons by
~ (registered)mail.
Sworn to b~fore
day of
Notary Public
HELEN EMANUEL
Notary Public, State of New York
No. 30-1 t 1473
~uahffed in Nassau County ~O
Commission Expires Dec. 31, lsr.../
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or' the Petition of
to the Board of Appeals of the Town of Southold
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. Th~ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a(~Variance_~pecial Exception)(Special Permit) (other) [¢±:¢1e cho±¢e]
).
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: ~ ~'0 q"~ ~'"C ~/k ~ ]::) ~.Jk '~T J'-'{ -1~.~ ~ o *,-)
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
0~: -A F~o?oS~.~ ~~06 ?00%- ~ 0~ ~¢ ~A'W-I~'Fl?o,
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are ~t.J.¢].e ~ Section I [ ~1 - ~
[ '1 Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
Owners'Names:
Post Office Address,
t A rjr. Uto6·
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY O~
~lCt~ ra. lkFA;-,oL _, residing at 7-~7~ ~o,~T c~'Ec~c-&r~T
~A~ ~ ~ ~ %97 , being duly sworn, depos~ and says that on the ~ day
of S~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re-
ve~ side hereof, directed to each of the above-named persons at the addresses set opposite their respective
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice ~~ ~ ~ ; that said Notices were mailed to each of said persons by
~(registered) mail.
Sworn to b.~fore ~te this --/'"e~/~' ~
day of '~
Notary Public
HELEN £MANUEI:
~l~uldlc State of New Yot~
(This side does not have to be completed on form transmitted to adjoining
property owners.)
SHORT ENVT, RO~4E~ITAL ~SSgS$~4EIIT
(&) In order to ShOWer the qucotione in this short gAF is ie assumed that the
~reparer will use currently available in£orm~:ion concerning tho project and the
t~ely tmpacto of the action. Xt ts not expected that additional studies, research
or other investigations wil~ be undertaken.
(b) ]£ any question has been answered Yea the project m~y be significant and a
co,plated Environmental Assessment Form is necessa~/.
(C) 1£ all questions have been answered Ilo it is li~ely :~t this project
no...~ signl£1cant·
(d) Lqvironmen.ta~ A~oee~en~
l· W~ll project result In a la,ge physical change
to the project site or physically alter more
than lO acres o£ land? · · · · .... · Yc~
2, Will there be a major change to any ~miquo or
unusual land form found on the site? , · , Yes ~/ No
]. Will project alter or have a large effect on
an existing body of water? · · · · · · . Yea No
&. Will project have a potentially largo impacu on
grOUndwater quality? . . . . . . . . . ....... Yea ~No
5. Will project significantly, effect drainage flow
on adJacen~ sites? · · ....... Yea
6. Will project affect any tl=eatuned or endangered
'-plant er anL,~al species? . · . · · · · · Ye~,
?. Will proJec~ result in a major advor:,e effect on
air quality,' . . . . . . . . · Ye~----
8. Will project have'a m~Jor effect on visual char-
aster of the community or scenic viewo or viatao
known to be importan~ %0 ~he com.~unit7? · · · . Yea
9. ?11 project adversely impact any site or struct-
ure of historic, pro-historic, or paleontological
importance or any site designated a~ a critical
environmental area by a local agency? · · · Yes.----
10, Will project have a major effect on existing or
future recreational opportunities? . . . Yes ~ No
11. Will project.result'in m~Jor traffic problems or
cauoe a major effec~ to existing ~raneportation
12, Will proJaet reg,,~arly oauee objectionable odors,
noise, glare~ vibrat~on, or electrical
anco as a result of the project's operation? ; Yes ·
13. Will proJec~ have any impact on public health or
safety? . . . o ........ . ¥e~
1~. Will project Affect :he existing community by
directly ca,~eing a growth ~n peri,anent pop~la-
tion o! more ~han ~ percent over a one-year
period or have a major negative effect on :he
charac=e'~ of the con~uni~y or neigh~ort~ood?. · ~ .~ Yes Uo
15. Is there public controversy concen~xn~: :he project? Ye~
PREPARER'$ SIG~[ATL~E: . _ TITLE:
9/t/2{
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FORMS TO THE BOARD OF_~APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours ~
seaward of area under construction? Yes
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.)
3. Are there existing structures at or below ground level, x?/]X
such as patios, foundations, etc?
4. Are there any existing or proposed fences, concrete
barriers, decks, etc? Yes
No
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
Yes
e
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
Yes
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
o
Are there any building permits pending on this parcel
(or abutting land under ~our ownership, if any)?
State Permit # and Nature:
lO.
ll.
12
13.
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health
Village of G~eenport
N.Y.S.D.E.C.
Other
Is premises pending a
Department
sale or conveyance?
Yes
Yes
No
No
No
No
No
If yes, please submit copy of names or purchasers ~
and conditions of'sale.(from contract). Yes
Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes ~_~
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at a: eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an ~
inspection for possible waiver or permit under Ye(.~ No
the requirements of Ch. 97 of the Town Code?
Please list present use or operations conducted upon the
subject property at this time c~-r~c~o~ o~ d~o~$~ ,~
and proposed ~,~ ?o~ ~,~ A~i'~
I certify that the above statements are true and are being submitted for
relian,~by the Bo~r~ of Appeals in considering my application.
Sq'~n/ur~ ~'op~-r-t-~ (Authorized Agent)
3/87 1 k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-19841
WETLANDS [Amended 8-26-76 by L.L. No, 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, wbicb at mean low tide
are covered by tidal water~ to a maximum depth of
five (5) feet, including but not limited to banks,
~ ~bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2)
All banks, bogs, meadows, flats anti tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
All land immediately adjacent to a th{al wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet hmdward of thc most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1)
"Freshwater wetlamls" :is defincd in Article 2,l, i ~-
tlc 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conserv'ation l_,a~v of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defiaed in Subsection B(I) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetlaod."
',/
9705
TAX MAP
DESIGNATION
Dbt. 1000
~¢' 03000
I~1~!: ~200
~t(~)~ 07400~
CONSULT YOUR LAWYE~IiOR! SIGNING THIS INSTRUMENT--THIS INSJ~r~INT SHOULD Ii USED BY LAWYERS ONLY,
10002 P 457
THI~INDF. N~made the
BETWEEN
[0I~- day of March , ninet~n hundred ~nd' 'eighty-six
THOMAS F. MALLON, JR. and ELIZABETH A. MALLON, his wife, residing at
182 Winthrop Lane, Lake Forest, Illinois 60045
party ofthe first part, a.nd
NICK MIHALIOS and EKATERINE MIHALIOS, his wife, residing at
7-32 Point Crescent, Malba, New York 11357
party of the second part,
~I1 plrr,,~lsl-~, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the Second part, does hereby grant and release unto the party of the second part; the heirs
'or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of la.nd, wP.k :k: 5'-'!?-:::g: :.~ ....: ........... r .... '"~"'- '~'---:re-'-'- er-~'~'~, .... situate,
lying and being in the
Town of Southold, County of Suffolk and State of New York,
known and designated as Lot No. 124, as shown on a certain map entitled
"Map of Pebble Beach Farms", and filed in the Office of the Clerk of
the County of Suffolk on June 11, 1975 as Map No. 6266.
TOGETHER with an easement of ingress and egress in, to and over the
streets on the aforementioned map to the nearest public highway.
BEING AND INTENDED TO BE the same premises conveyed to the party of the first
part by deed from Pebble Beach Realt~ Inc. dated November 3, 1980 and recorded
in the Office of the Clerk of the County of Suffolk on November 10, 1980 in
Liber 8912 at Page 177.
300O$
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenanoes
and all the estate and rights of the party of the first part in and to said premises; TO' H~.V
HOLD the premises herein granted unto the party o{ the second part, the heirs or successors end
the party o~ the second part forever.
~D t~ slrty of the first part covenants that the party of the .first pan has not done o~ suffered
wh~eb~ ~xid premiscs have been c~um~red in an~ war what,var, ¢xc~ as ~ormid.
:~tl~ ~ ~t.~und to ~ a~Ued first for the ~e of ~ying the ~st of the impr~ent.~d ~il!-~y
.'~C ~:~ ~t':~.t~e ~yment of the cost of the tmprov~ent ~fore using any ~rt o{ the ~ ~ ~
The'~ ~.~'t~kll k ~nstmed as il it r~ "~ies" whenever the sense of this indenture ~
ILLINOIS
STATi OI~4~iqN-.~UC,/COUNTy OP (";~"'~" .
ss~ STATE O~ NEW YORK, COUNTY OF ss~
~ ./~Y Of March ~9 86 , ~ore me On ~e ~y of ~fore me
On ,n~l~ ~e '~o~s F. Mallon, Jr. and per~lly ~e 19 ,
_
.
mo~ to ~ ?e jndi~dual s: d~c~d m and w~ I to me known to ~ the m~v,d~' '' .~t,~,.in and. w~.,..
' rust.merit, ~d a~nowledged that ~uted the for~olng ~t~en~ and'~nowledEed~t~'~]-
=~uted ~e ~c.
[Ssion Expires:
,YORIC~ COUNTY OP ss:
19 , before me
who, duly sworn, did depose and
, ~' heisthe
¥ . , the corporation described
· ih and which executed the foregoing instrument; that he
;..~.o~V~..the s,~l Of m~id corporation; that the se~.l affixed
~._~_~d jnlttUment i! such corporate seal; that It was so'
~. ff.[.d~xgdby order ~bf t.he board of directors oE said corpora-
·: fi0 ,,:and that he signed h name thereto by like order.
STATS O1~ NEW YORK, COUNTY OP
On the day o{
personally came
the subscribing witness to the foregoing ~instrument, with
whom I am p~rsonally acquainted, who, being by me duly
sworn, did depose and say that he resides at
that he knows
to.~e the individual
described in and who executed the foregoing instrument;
that he, ~aid subscribing wltne?~,i .~FA~...~resent and.
execute the same; an~{~ ~et~aid witness,
at the same time subscribe4 h..,j;4[~,~r~l~.,,f4t~lesa thereto.
.~.~ ~ ~ ~-~..
NICK MIHALIOS
EKATERINE MIHALIOS
TIcOR TffL fGUARANTGE
SECTION 0 3~0,0
s,oo: 02130
LOT 074p
COUNTY oa TOWN SUFFOLK
TAX BILUNG ADDRESS
,:Jff, 4r,, · ,.,. ,-·
~,,l:~u0 {iL[ ''~,~...~''':-.: .:~'
RBTU~N' BY MAIL TO:
William M. Thomas, Jr., Esq.
Thomas & Graham
36-17 30th Avenue
Long Island City, New York
Zip N~ 11103
R,.CO,.udJ
IdAR Z~ 1986
.I!JLIEI-[E A, KINSEL~-
~ ~4 Sutio~ C, eant~
:2' r"
Lot 124
Are~7 _-25917SF.
HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT
IR~MONUMENT ~'-STAKE
SUGDIVISlON MAR FILEO IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY
ON JUNE 11~Ig?S AS FILE NO. 626G
SURVEY FOR
NICK MIHALtOS & EKATERINI MIHALIOS ,MAY 2,1987
LOT 124, "MAP OF PEBBLE BEACH FARMS" MAR. 2,1987
MAR. 14, 1986
AT EAST MARION DATE: MARCH 8tl996
TOWN OF SOUTHOLD SCALE, 1"--40'
SUFFOLK COUNTY, NEW YORK NO. 86-
~UHAUTHORIZED ALTERATION ORAODITION TO THIS GUARANTEED TO:
NEW YORK STATE EDUCATION LAW CHI CE CO.
INSTITUTI~. GUARANTEES ARE NOT TR~SF~RABLE ~
~ V~l IAI~ ~ V~l I~1~ ~A~ERA~E
~ ~ ALDEN W. YOUNG~ PROFESSIONAL ENGINEER
Lot 1~4
Area ;25917S. F.
NOTE
ELEVATIONS SHOWN HEREON ARE REFERENCED
TO NGVD. ( I~S.L.
TOPOGRAPHICAL SURVEY FOR
NICK MIHALIOS 8~ EKATERINI MIHALIOS ~¥ ~6,me7
LOT 124, "MAP OF PEBBLE BEACH FARMS" MAY ~0,1986
MAR. 14~ 1986
AT EAST MARION DATE: UARCH 8,1986
TOWN OF SOUTHOLD ' SC~.E= ~" = 40'
$~FFOLK COUNTY, NEW YOM( NO, eG-m?
I ~,~~.~~o.~,~ II ~ ~l ~DEN W.~NG, P~FE~I~AL ENGINEER
I ............................... II & B I .ow~.D W.~OU.O, L*~ S~V~YO,
~ ..~S. UC;.S[ .0.4Se~
Harbor Rd., New Suffolk _4/2/8I
D-approval of ~nsuff. , P
rearyard of parcelJ
$outl oI Town Boar o£AppeaIs
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll~J"/1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3496
Application Dated April 24, 1986
TO:
Mr. Henry E. Raynor, Jr.
as AGENT FOR MR. FREDERICK KOEHLER
P.O. Drawer A
Jamesport, NY 11947
[Appellant (s) ]
Mr. Frederick Koehler~ c/o Bud Realty~ Farmin§dale~ NY 11735
At a Meeting of the Zoning Board of Appeals held on July 27~ 1987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section 100 ll9.2(B)
[ ] Request for
Application of FREDERICK KOEHLER, JR. Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to construct
38' by 16' beach pavillion and attached deck areas extending a
length of 124± feet and width of 28 feet (exclusive of stairs),
accessory and incidental to the established single-family residential
use of the premises, not to be operated for sleeping or habitable
purposes and not operated for gain, within 75 feet of ordinary
highwater mark and/or landward edge of tidal wetland, along Peconic
Bay, 575 Old Harbor Road, New Suffolk, NY; County Tax Map District
1000, Section 117, Block 03, Lot 06.
WHEREAS, a public hearing was held and concluded on July 16,
1987 in the Matter of the Application of FREDERICK KOEHLER, JR.
under Appl. No. 3496; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant requests a Variance from
Article XI, Section 100-119.2 of the Zoning Code for permission
to construct a 38' by 16' beach cabana with attached decks as
more particularly shown on site plans dated May 27, 1987,
prepared by Samuels-Steelman, Architects.
2. The premises in question is a described parcel contain-
ing an area of 2.8± acres, with a frontage (lot width)"along Old
Harbor Road of 329.42 feet, and average depth of 660± feet.
3. The site plan prepared May 27, 1987 by Samuels-Steelman,
Architects, depicts the following improvements: (a) 1½-story,
single-family dwelling set back 165+ feet from the 30'high
contour and 218± feet from the existing bulkhead below the
(CONTINUED ON PAGE TWO)
DATED: July 27, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3496
Matter of FREDERICK KOEHLER
Decision Rendered July 27, 1987
l0 ft. high contour; (b) three-car garage in the frontyard
area; (c) existing wooden bulkhead with top elevation at 9 feet.
4. The structures applied and depicted on the May 27, 1987
Site Plan include the following: (a) 37'6" wide by 26'8" founda-
tion and first-floor (only) cabana structure; (b) open [unen-
closed] deck areas (el. 14.01 ft.) extending a maximum length of
153± feet and average depth of 29± feet; (c) 3'8" by 18'
storage shed (el. 14.01 ft.) within deck area at northeasterly
section.
5. The structures are proposed with a setback of zero
the existing bulkhead, 44± feet from the highwater mark along
rear property line, and setback of zero from the beach areas
directly below the existing bulkhead. Also proposed as shown
on the Site Plan stamped by the Suffolk County Department of
Health Services last dated April 2, 1987, are a forced main
sanitary connection line to the dwelling's existing sanitary
system (to the north), and new domestic water-line connection
to the existing dwelling's water system.
from
the
6. The elevation contour lines are at variations at
the existing bulkhead from nine feet, l0 feet, 15 feet, 20
feet, and rising to 30 feet and more. No grade alterations
are shown in the application, except minimally for the
placement of pilings depicted on Drawing 3 of May 27, 1987.
Seepage of water from the '~pond" area is evident above and
below the bulkhead where cabana is proposed (see June 26,
1987 report from the Suffolk County Soil and Water Conser-
vation District).
7. The height of the structure from ground level to
roof ridge is shown not to exceed l0 feet from the 20 ft.
elevation contour and not to exceed 17 feet from the top of
existing bulkhead (Drawing 1, 5/27/87).
8. Outside entranceways are shown from the north
side and the south sides of the structure. The structure
is proposed for "cabana" uses, including porch areas,
baths including vanities, toilets, ~howers, dressing
rooms, without storage areas~
9. Article XI, Section 100-119.2 requires all build-
ings and structures to be set back not less than seventy-five
(75) feet from a tidal water body, tidal wetland edge, or
freshwater wetland.
10. Article III, Section lO0-31 permits the establish-
ment of an accessory use only as listed therein for
storage purposes only and does not list cabana uses, cabins
or small houses such as that proposed herein as a permitted
use. This application requests relief from
Article XI, Section 100-119.2 for a setback variance
and does not request or address relief for such use.
ll. The Courts have held that area setback variances
must meet the "practical difficulties" standard, consider-
ing at least the following: (a) that the relief requested
is not substantial in relation to the requirement; (b)
that the project as proposed is not out of character with
the neighborhood; (c) the circumstances of the property
Page 3 - Appeal No. 3496
Matter of FREDERICK KOEHLER
Decision Rendered July 27, 1987
are unique and are not personal in nature; (d) that the
variance will not in turn be adverse to the safety, health,
welfare, comfort, convenience, or order of the town; (e)
that the variance requested is the minimal necessary; (f)
that there is no other method feasible for appellants to
pursue other than a variance; (g) the effect, if the variance
is allowed, of the increased population density t~hus produced
on available governmental facilities; (h) whether in view of
the manner in which the difficulty arose and in consideration
of the above factors, the interests of justice will be served
by allowing the variance.
12. It is the position of the Board as follows:
(a) that the relief requested is substantial in rela-
tion to the requirements, being a variance of 31± feet, or
42% of the requirements;
(b) that the project as proposed
character of the neighborhood or within
since the use of the proposed structure
with those accessory uses permitting by
100-31 of the Zoning Ordinance;
is not within the
the intent of zoning
is not in conformance
Article III, Section
(c) the circumstances of the property are not unique,
particularly due to the available rear yard area between the
dwelling and the existing bulkhead area of more than 210
feet;
(d) the relief requested may be adverse to the safety,
health, welfare, comfort, convenience or order of the town,
particularly due to the closeness of the proposed structure
over the existing bulkhead and to the beach areas;
(e) there is another method feasible for appellant
to pursue other than a variance~
(f) the variance if allowed will not have an effect of
increased population density thus produced on available govern-
mental facilities;
(g) in view of the manner in which the
and in consideration of all the above factors,
of justice will not be served by allowing the
applied herein.
difficulty arose
the interests
variance as
13. It is further the determination of this Board that
the appellant has not demonstrated that a strict application
of Section 100-119.2B of the Zoning Code would result in
practical difficulties and significant economic injury.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, to DENY the relief requested under Appeal No.
3496 in the Matter of the Application for FREDERICK KOEHLER, JR.
for a cabana with reduced setback from bulkhead and highwater
mark, AS APPLIED.
Vote of the
Douglass and Sawicki. (Member Doyen of Fishe
absent.) This resolution was duly adopted.
GERARD P. GOEHRINGER, CHAIRMAr
Board: Ayes: Messrs. Goehringer, Grig~s,
rs Island wa~ --
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 Sout~old Town Hall, Main Road, Southold, New
York., on ~HURSDAL¥, JULY 16, 1987 at the following times:
7:35 p.m. Appl. No. 358i - GEOR_§E D. DAMIE_ N. Variances
the Zoning-Ordinanc-e, Article III, Section 100-31, and Bulk
Schedule, for approval of insufficient area, width and depth
of two parcels in this pending set-off division of land located
at the C~rners of Jackson, Fifth and Main Streets, New Suffolk,
NY; County Tax Map District 1000, Section 17, Block 9, Lot 12,
containing a total area of 28~919± sq. ft.
7:40 p~m. Appl. No. 3639 WILHELM FRANKEN. Variance to
the Zoning Ordinance; Article III, Section 100-32, and Ar%icle
Section lOQ~ll9~2~L'for ~e~mission to locate 25' by 25' accessory
building in sideyard area and with insufficient setback from
existing bulkhead along Gull Pond Inlet. Location of Property:
Wes~ Side of Osprey Nest Road, Greenport, NY; Cleaves Point
Subdivision Section I, Map 2752, Subdivision Lots 14 and 15;
County Tax Map District 1000, Section 35, Block 6, Lots 22, 23
and 24 (now 2!4.1).
7:45 p.m. Appl. No. 3635 ARTHUR V. JUNGE. Variance
the Zoning Ordinance, Article III, Section lO0-30(A) for
permission to establish electrical shop use in this "A-40"
Residential and Agricultural Zoning District. Location of
Property: North Side of C.R. 48, Cutchogue, NY; County Tax
Map District 1000, Section 96, Block 1, Lot 19, containing
45,589± sq. ft. in lot area.
tO
7:50 p.m. Appl. No. 3631 PUDGE CORP. Variance to the
Zoning Ordinance, Article III, Section lO0-30(A) for permission
to establish and construct 7500 sq. ft. building-for industrial
use in this "A'~ Residential and Agricultural Zoning District.
Location of Pwoperty: North Side of C.R. 48, Cutchogue, NY;
County Tax MaD District 1000, Section 96, Block l, Lot 20,
containing 39,524± sq. ft. in lot area.
Page 2 - Notice of Hearings
Southold Town ~oard of Appeals
Regular Meetin§ - July 16, 1987
7:55 p.mI Appl. No. 3638 JAMES AND MARY TYLER (continued
from June 18, 1987). Special Exception modifying. Appl. No. 3400
to permit vehicle doors to face street side as constructed.
Location of Property: 6795 Main Road, Laurel, NY; Mattituck
Holding Co. M~mor Subdivision Lot #3~ County Tax Map Distmict
lO00, Section 125, Block l, Lot 19.6.
8:00 p.m. Appl. No. 3642 - DINA MASSD. Variance to the
Zoning OrdinanCe, Article XI, Section 100-119.2 to constru~ct
accessory boathouse structure with deck at~ the foot of the
bluff, and decl and new stairs along and at top of bluff areas,
all landward o~ existing wood bulkhead along Peconic Bay,
premises known as 5705 Nassau Point Road, Cutchogue, NY; L6t 39,
Amended Map A cf Nassau Point Filed August 16, 1922; County
Tax Map District lO00, Section lll, Block 13, Lot 04.
8:05 p.m Appl. No. 3644 - FREDERICK WIGHTMAN/DAV~D FREY/
JOSEPH REINHART. Variance to the Zoning Ordinance, Article III,
Section lO0-30~A), Article XI, Section lO0-118(E) for establishment
of business uses,~ and/or interpretation, to permit the following
activities: r~tail sales and storage, business office, professional
office, governmental offic~ contractor office, personal-service
store or shop,
District, Secti
with existing s
a livable floor
Location of Pro
County Tax Map
raining 1.0194
8:20 p.m.
Variance to th~
for permission
existing constY
along Eugene's
County Tax Map
as described for the "B-Light Business" Zoning
on ]00-60(A)[2],[4],[8] inclusively, in conjunction
ingle-family dwelling unit on second-floor having
area of 900 sq. ft. Zone District: "A-40."
perty: North Side of Main Road, Peconic, NY;
District 1000, Section 75, Block l, Lot 16, con-
acres.
Appl. No. 3648 PAUL AND CHARLOTTE GALGAN.
Zoning Ordinance, Article XI, Section 100-119.2
to construct additions to dwelling landward of
uction and within 75 feet of ex~sting bulkhead
Creek, 4605 Stillwater Avenue, Cutchogue, NY;
District 1000, Section 137, Block 03, Lot 05.
Va 8:35 p.m. Appl. No. 3496 - FREDERIC KOEHLER_,_ JR_._ ~'~-
riance to thel Zoning Ordinance, Article XI, Section 100-119.2}
for permission ~o construct 38' by 16' beach pavillon and ~ ~
attached deck alreas extending a length of 124± feet a~d width .~
~f 28 feet (exclusive of stairs), accessory and incidental to ~
FORM NO. a
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
- -~..1 .~.x~&..~ :~:. ~?. ~.~.z ....
PLEASE TAKE NOTICE that your application dated . .~~.
for pemit to
Location o(Property
County Tax Map No. t000 Section .... [ ~ ~ ...... Block ... ~. ~ ...... Lot .. ~.~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds..~... ~...'~... ~ ~ 2..g~.. T
~t.~.:~ ..?~&~:_~...a~.-~.,.~..,~ .~....~....~. ~..a3~..~..
.... ....
Building inspector
RV 1/80
2 4.
j~tllJj~L FROM DECISION OF BUILDING INSPECTOR
TOWN OF SOUTHOLD, NEW YORK
TO'THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Fr,,e, lderick, Koehlerr Jr. of ..... .c../.o.....B..u...d....rR.,e..a...1..t.y./....108 Al~en Blvd.
1, (We) ............. i~,~;~..~..~;jj~,; ..................... Street and Nu~l~'~ ..........................
~.a..-r~..J-..~9~..~..a...~..e..; .................................................................. .~..e.~.,~9.~...k. ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS 'FROM THE' DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
......................... ~..~.rJ,ck..Ka~kZ~,~ .~ ,.Jr. .....
Name of Applicant for permit
A%..% ...
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
i )
I. LOCATION OF THE PROPERTY ..~..~...~..c]..~..~..a.~b...~.~.~.~..a..~..~.~.~.~.e..~....~.q.~.~.~...]:.k..r~.~..~' ....................
Street Use District on Zoning Map
1000-117-3-5&6
.................................................................................. Current Owner
Map No. Lot No.
Frederick Koehler
2. PROVISION CS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Art III, Section 100-119.2: Art I, Section 97-13 iA-3)
3 TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws
Art, 16 Sec. 280A Subsection 3
4. PREVIOUS APP 5AL A previous appeal i~/IX~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
iX)
( )
REASON FOR APPEAL
A~Variance to Section 280A Subsection 3
A Variance to the Z. oning Ordinance
is requested for the reason that
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~ .~
sory HARDSHIP because denial of this requested application would not
allow applicant to fully utilize the potential of his property.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because no other beach houses
exist tn this area.
3. The Variance would observe t~qe ,spirit of tb, e OrdLnar~ce and WOULD. NOT CHANGE
CHARACTER OF THE DISTRICT because proposed beach house construction
will be zn keeping with the character of the neighborhood.
THE
STATE OF NEW YORK ) ...~_~ .............................
COUNTY OF ~ ) Signoture~
Sworn to this ....... !.~ ................................... day of ........................................................
~ ~ SHARON A- RO~.~ONO . _
No 52.4672552 /
Notary Public
· OV~ER
TOWN OF
FORMER OWNER
$OUTHOLD PROPERTY
ARM
VILLAGE
W
J IND.
RECORD CARD
D~STP, ICT
ACREAGE
TYPE OF BUILDING
I CB.
LOT
J MIS~_ /
Mkt. Value
LAND
IMP.
TOTAL
DATE
REMARKS
Tilla¢le 2
Tilloble 3
Wr~dland
'otal
NOPJv~AL
Acre
BUILDING CONDITION
BELOW
Value Per Acre
v
ABOVE
Value
FRONTAGE ON
FRONTAGE
BULKHEAD
DOCK
3..C° ~. /.5'-
Porch /e-~.0 / Roof Type
Porch Rooms 1 st Floor
Rooms 2nd 'Floor
Dormer
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
~ ./,~'~.~.~..//~.~ LEE E. KOPPELMAN
/~C. ~4/~'
September 3, 1987
Mr. Gerard P. Goehringer, Chairman
Town of Southold Zoning Board of Appeals
Southold Town Hall ~ Main Road
Southold, New York 11971
Re: Application of "Frederick Koehler" (#3496), Town
of Southold (SD-87-19)
Dear Mr. Goehringer:
Pursuant to therequirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the Suffolk County Planning Commission on September 2, 1987,
reviewed the above captioned application and after due study and deliberation
Resolved to disapprove it because of the following reasons:
Sufficient information has not been submitted to demonstrate compliance
with use variance criteria for the "cabana";
2. It would tend to impair the integrity of the bluff;
It would establish an undesirable precedent for the continuance of such a
practice; and,
It would only tend to undermine the effectiveness of the zoning
ordinance.
GGN:mb
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
VETERANS MEMORIAL HIGHWAY
P. O. Drawer A
Jamesport, NY
September
11947
11, 1987
Victor Lessard, Executive Administrator
Southold Town Building Department
Main Road
Southold, NY 11971
Dear Mr. Lessard:
Effective immediately, William Beebe, contract for Mr.
Koehler, will be representing Mr. Koehler in regard to obtaining
his building permit.
Thank you for your consideration and cooperation in this
matter to date.
Sincerely,
He~ Raynor,
Jr.
HER:ml
CC: Koehler
Beebe
Southold Town Zoning
Board of Appea s~//
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, JULY 17, 1987
Appl.-No. 3496
Applicant(s): FREDERICK KOEHLER, JR.
Location of Property: 575 Old Harbor
County Tax~ Map ID No. 1000- 117:03
Road, New Suffolk
06
Board Members present were: Chairman Goehringer P. Goehringer,
Members Grigonis, Douglass, Doyen and Sawicki.
Absent was: (None). Also present were: Victor Lessard (Building Dept.),
Linda Kowalski, Z.B.A. Secretary, and approximately 15~persons in the audience.
The Chairman opened the hearing at 9:07 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a site plan dated 5/27/87
indicating the proposed beach pavillion and extensive deck area,
and I have a copy of the Suffolk County Tax Map indicating this
and surrounding properties in the area. Mr. Raynor, would you
like to be heard?
HENRY RAYNOR, JR.: Good evening, Mr. Chairman. My name is
Henry Raynor, and I'm agent for Frederick Koehler, Jr. The
variance before you is to construct a beach house on this
property. It is not for habitation. It's here because it's
within 75 feet of Cutchogue Harbor, New Suffolk. By letter
of stipulation from the Architects, Samuels and Steelman, the
highwater mark is exactly 44 feet from the proposed construction.
The applicant has permits (a) from the Town Trustees to recon-
struct the bulkhead, Permit #396. I believe this is on file
with both the building inspector's office as well as your board.
The applicant has received from the New York State Office of
Environmental Conservation a letter of nonjurisdiction. This
is because the project itself is landward of the preexisting
bulkhead of 1972, and is above the 10' elevat~ion contour. The
applicant's P.E., Mr. John Grammas has obtained approval on
the water and sewer configuration from the Suffolk County
Environmental Health Services. A copy of those plans were
submitted to your Board prior to this. On the basis of all
of these permits and the applicant's reasoning, as well as
the granting by the various agencies for approval of this project,
Page 2 Transcript of Hearing
Appl. No. 3496 FREDERICK KOEHLER, JR.
Southold Town Board of Appeals July 16,
1987 Regular Meeting
MR RAYNOR (continued):
I request a favorable resolution by the Board.
questions, I'll be happy to entertain them.
If there are any
CHAIRMAN: Mr. Raynor, it is my understanding that this is again
going to be constructed a lot similar to the application we had
tonight on a boathouse, right adjacent or abutting the bulkhead.
MR. RAYNOR: The bow itself will be recessed ll feet.
CHAIRMAN: From the actual--
MR. RAYNOR: From the actual bulkhead. There will be an overhang --
there will be decking to the bulkhead.
CHAIRMAN: Now, in the construction that exists now, the pilings
that are being driven, are those pilings be driven to shield what
is left of the bluff taken down or is that actually a portion of
this beach house?
MR. RAYNOR: That is a secondary bulkhead that's being established
by Rambo prior to plantings for erosi'on-control purposes on the
bluff. That is not part of the structure of the house. We don't
have a permit for the structure or the house. We have a permit
to build the bulkhead only.
CHAIRMAN: Ok. There's no possibility that this would ever be
used for a helicopter pad or anything of this nature other than
for the sole purpose of using it to shower in and possibly store
personal items, or whatever the case might be.
MR. RAYNOR: Not being an expert on helicopter pads, I woOld think
it would be very dubious, particularly because construction and
the elevation of the beachhouse is being designed primarily so none
of the neighbors would have a view of it. It would not interrupt
their view of Peconic Bay. The slope or the grading and the slope
to the west I'm sure would prohibit it as well as the configuration
of the roof. It's not designed to be a helicopter landing pad.
CHAIRMAN: The other question I had it,
required to actually severe that bluff,
basically is 'the rear lawn?
what specific permits were
that natural area that
Page 3 Transcript of Hearing
Appl. No. 3496 FREDERICK KOEHLER, JR.
Southold Town Board of Appeals July 16, 1987 Regular Meeting
MR. RAYNOR: The two permits that we have are (1) being from the
Town Trustees #396, and (2) was a series of inspections and
discussions with the D.E.C. pertinent to the particular project
as well as several meetings with them to explain, and the drawings
you see presented, they declared non-jurisdiction type.
CHAIRMAN: Do you have an architectural plan that Mr. Koehler
would have or that you could supply us concerning the type of
secondary and I guess--in the discussion, what I first said
concerning the type of baffling that you're using to shield
the cabana or beach house from the bluff, or the dune or the
hill, or whatever you're going to refer to in the rear. We
are not particularly too attuned to see the severing of this
type of situation, and if the Board so granted this, we would
not like to see the soil end up on top of it, causing either
death or disfigurement of anybody, and having it slide or
whatever the problem might be here.
MR. RAYNOR: I assure you, neither would the applicant. I don't
have the building specifications with me for that sector of
the bulkhead. However, it's under contract with James H. Rambo
of Southampton if the Board will request it, I'll be happy to
send a set of building specifications. We'll note on there
there is a stipulation about re-vegetating and planting.
CHAIRMAN: The applicant I assume felt this was the only viable
place that they could construct this as opposed to on top of
the hill or on the edge or whatever the case might be. Is that correct?
MR. RAYNOR; Yes, he does. And that was on the advice of two P'.E.s
and two architects.
CHAIRMAN: All right. I thank you very much.
MR. RAYNOR: Thank you. You would like the specifications for
that bulkhead?
CHAIRMAN: Yes, that would be very helpful. Thank you. Is there
anybody else to speak in favor of this application? Anybody against
the application? (None) Hearing no questions, I'll make a motion
closing the hearing pending receipt of the bulkhead specifications
from Rambo Associates concerning on what revegetation may exist here.
The hearing was concluded and motion was duly carried by all.
A F. KOWALSKI, SECRETARY
SOUTHOLD TOWN BOARD OF APPEALS
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH R. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SDUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
~ Variance from the Zoning Code, Article ×Z , Section 100-119.2(B)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3496 Applicant: Mr. Frederick Koehler
Location of Affected Land: 575 Old Harbor Road,
County Tax Map Item No.: 1000- 117-03-06
Within 500 feet of:
__ Town or Village Boundary Line
New Suffolk, NY
XX Body of Water (Bay, Sound or Estuary)
___ State or County Road, Parkway, Highway,
Thruway
Boundary of Existing or Proposed
Boundary of Existing or Proposed
Other Recreation Area
County,
County,
State or Federally Owned Lan
State or Federal Park or
or
Existing or Proposed Right-of Way of Any Stream
Owned by the County or for Which The County Has
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
or Drainage
Established
Channel
Channel
COMMENTS: Applicant is requesting permission to construct a beach
-Da-viJ~~¢d deck ._~r.~a~L]~:i~h~n
Copies of Town file and
Dated: August 13, 1987
Pelated
docullients ~}n(.losod For your
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RrlAD- BTAT£ RrlAD
TELEPHONE (516) 765-1809
August ll, 1987
Mr. Henry E. Raynor~ Jr.
P.O. Drawer A
Jamesport, NY 11947
Re: Appeal No. 3496 - Frederick
Dear Mr. Raynor:
Transmitted herewith
determination rendered in
previously with you).
Koehler, Jr.
is a copy of the findings and
the above matter (and discussed
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Southold Town Trustees
Southold Town Building Department
Suffolk County Planning Commission
Mr. Frederick Koehler, Jr.
P. O. Drawer A
Jamesport, NY 11947
August 13, 1987
Henry P. Smith, President
Southold Town Trustees
Main Road
Southold, NY 11971
Dear Mr. Smith:
In reference to your letter dated August 7, 1987
in regard to Permit No. 317 - Frederick Koehler, please
be advised there will be, as per the plans, submitted
July 9, no sanitary sewer within 75' nor water system
within the 75' jurisdiction zone.
It is proposed that the domestic sewerage as well
as domestic water will be pumped and force pumped to
the existing system from the main house, in excess of
75' from the tidal zone.
I hope this clarifies the situation. If you should
have any further questions, please don't hesitate to
contact me.
Very truly yours,
~ry ~. Raynor, ~r.
HER:ml
CC: Koehler
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 7, 1987
Mr. Henry E. Raynor, Jr.
P. O. Drawer A
Jamesport, New York 11948
Re: Permit No. 317 - Frederick Koehler
Dear Mr. Raynor:
Please be advised that while reviewing the proposal on behalf of your
client, above captioned, for the deck on the property located on Old Harbor
Road, New Suffolk, it was noted that the plan submitted on July 9, I987
included a bathroom facility.
If a san}tary system is installed adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge of such a tidal wetland (see attached section of '
Chapter 97) a permit will be required from the Town Trustees.
Should you have any questions or concerns, please do not hesitate
to contact this office at the telephone number listed above.
Very~tr/u, ly you_~rs,
Board of Town Trustees
H P S: ip
cc: Bldg. Dept.
Board of Appeals
Trustees
file
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-1984]
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not-limited to banks,
bogs, salt marsh, swamps, meadows, fiats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z. za- s5
DEPARTMENT OF HEALTH SERVICES
June 22, 1987
COUNTY OF SUFFOLK
.®
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
DAVID HARRIS, M.D.. M.P.H.
Ms. Linda Kowalski
Board Secretary
Southold Town Board of Appeals
Main Road - State Road 25
Southold, New York 11971
Dear Ms. Kowalski:
As per your telephone conversation of this date, with my secretary, returned
herewith is your copy of the site plan for the proposed cabana pump station
for Mr. and Mrs. Frederick Koehler.
No inspections are required by this office; however, we are requesting that a
certification letter, from a professional engineer, be submitted to this office
for the installation. This approval does not include any water service installa-
tion.
Please note this approval has reference number 86S0-104. Should you have.any
additional questions, please feel free to contact this office.
Very truly yours,
Associate Public Health Engineer
Bureau of Wastewater Management
SAC:cah
Enclosures
(516) 548-3312
COUNTYCENTE~
RIVERHEAD N ~119OI
· !
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
July 28, 1987
Mr. Henry E. Raynor, Jr.
P. O. Drawer A
Jamesport, New York 11948
Re: Permit No. 317 - Frederick Koehler
Dear Ivlr. Raynor:
Your recent request to amend the above referenced permit has been
reviewed at the Trustee meeting held on July 27, 1987.
Your request has been approved by resolution, adopted during this
meeting, to include a deck (40' x 10') to be constructed landward of an
existing bulkhead on property located on Old Harbor Road, New Suffolk.
This letter is an amendment to the original permit, and as such, shall
be attached thereto.
All other terms and conditions remain as written in the original permit.
Very truly yours,
Henry P~. Smith, President
Board of Town Trustees
HPS:ip
cc: Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appeals~//
File
TOWN OF SOUTHOLD
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
WETLANDS PERMIT
This Wetlands Permit No....3~,.7. .......... has been granted by the Town Trustees according to
information furnished in Application No..3.9.7. ............ filed by Applicant ..... ~:ecler£c~..Kc~ek~e=
........................................ on ....... ..A. iA~;;i.~..~.5.,.. 19.J$.6..... A map of the proposed work will be kept
on file in the Trustee Office under the application number given.
Permit granted to do the following work ...c..o...q.s..~..~..c..~.....a beach house ..~..~...o.~..e...~..h..e. ....
bulkhead ..........
' Old Harbor Rd., New Suffolk~ N.Y.
location of proDerty on which work to be done ....................................................................................
Creek, Bay or Harbor fronting property Peconic Bay
Size of work: Leng[h ............. 40' ..........................
2 '
Width . 0 ...................................................
Height Above High Water +
N/A
Depth Below Low Water .............................................................................
-Y__a_rds to be Excavated ................... ~/.~, ..........................................................................
Yards to be Filled N/.~. .........................................
Manner in which material is to be removed or deposited ..... ..N./.,~, ............................................................
Intended use of property .R .e.s.i...d..e..n...t..i...a..1. .......................................
Conditions if any .....................................................................................................................................
Expiration Date ....................... .J..u...1.'Z....3..1. · ~ .. · .1. · .9..8..7- ....... .~'..f. · · ..w- .°..r...k....h. · ·a, ,s. - · - ,n, ,°. · .t-- · -(;,Qiz3~p,.~ D,G f~ ............
Number of Inspections Required ~2~..i..n-~s~..e.~c-~t~..i..~r~.~v~iU~i~.~D`~.-~P~.~r.us~te~ ........
be notified upon completion of the work.
Inspection Fees ...............................................................
' Liability Policies in the Amount of .........................................................................................................
The validity of this permit is or may be subject to the approval of other governmental or municipal
authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit shall not commence operations here-
under until such approval has been Obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the Trustees upon receipt by the
Trustees. of written notice from such other governmental or municipal authorities of its refusal or
disapproval. -
The applicant does by the acceptance of this permit, assume all responsibility for operations under-
taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons
and property resulting from such operations. By such acceptance, the applicant also agrees to indemni-
fy and save harmless the Town, and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of applicant, his agent and
employees.
The applicant and the owner and occupants of the premises upon which the operations authorized by
this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and
its officers and employees to enter.~:por~ t~.~ premises whcr~ su:h cp~r.~ti:n~ ~r~ being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
.. President ~' ..
Board of' Southold Town Trustees
P. O. Drawer A
Jamesport, NY 11947
July 25, 1987
Southold Town
Main Road
Southold, NY
Zoning Board of
11971
Appeals
Dear Sirs:
Please find enclosed Letce£ of Non-Jurisdiction from
the New York State Department of Environmental Conservation
in regard to the application of Frederick Koehler at New
Suffolk.
HER:ml
Enc.
CC: Frederick
Sincere2y~ ~q
Koehler
John A. Grammis & Associates
James H. Rambo, Inc.
!~%~ uY~l~ o~t ~t~[~g~Ete. l~ ~3~ ,E r~ ro~.mf[~ t, al ~e~ation
A :eview h~ been made o[ yoar proposal to'
Based on the information you h~ve submitted, the ~ew Yo:k State Department
o: Envi:onmentM Conse:vation ~s ~ete:mine~ that the ~. pa:eel
Greater than ~00' from invenCo:ied tidtl wetlands.
suDstantial man-ma~e structure
~reater than 100' iO length .~hic~ ~as censtr~ct,ea pr.ior to 9/20/77.
Landward o: the 10 above mean sea level elevation contour on a
gradual, natural slope.
Landward of the topographic crest of a bluff, cliff or dune which is
greater than 10' in elevation above mean sea level.
Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations)
as a use not requiring a permit or notification letter of approval.
Therefore, no permit is required under the Tidal Wetlands Act (Article 25
of the Environmental Conservation Law). Please be advised, however, that
no construction, sedimentation or disturbance of any kind may take place
seaward of the 10' contour or topographic crest without a permit. It is
your responsibility to ensure that all necessary precautions are taken to
prevent any sedimentation or other alteration or disturbance to the
ground surface or vegetation in this area as a result of your project.
Such precautions may include prcviding adequate work area between the
10' contour or topographic crest and the project (i.e. a 15' to 20' wide
construction area) or erection of a temporary fence, barrier, or hay
bale berm.
Please note that any additional work, or modification to
described, may require authorization by this Department.
this office if such are contemplated.
the project as
Please contact
Please be further
responsibility of
agencies.
advised that this letter does not relieve you of the
obtaining any necessary permits or approvals from other
Very truly yours,
DepuCy Regional Permit Administrator
P. O. Drawer A
Jamesport, NY
June 8, 1987
11947
Southold Town Zoning Board Of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Dear Sirs:
Please find enclosed two prints of the building plans
for the Koehler property in New Suffolk along with two
prints of the plan stamped by the Suffolk County Department
of Health Services.
If any further information is needed before this matter
can be placed on the Board's agenda, please advise me of same.
Sincerely,
Henry E.~ Rayno'r~ J~'~ '
HER:ml
Encs.
8 July 1987
[] ARCHITECTS
Chairman, Zoning Board of Appeals
Town of Southold
Town Hall
Southold, NY 11971
Re: Koehler Beach Cabana
New Suffolk, NY
LETTER OF STIPULATION
Dear Sir,
This letter will confirm that the distance from the Mean
High Water mark (as observed) to the seaward side of the
enclosed portion of the proposed beach cabana is forty-four
(44) feet.
Respectfully,
Samuels=Steelman Architects
Thomas C. Samuels
Principal
cc: B. Koehler, H. Raynor
57125 Main Road
[] Southold, New York 11971 []
(516) 765-1566
July 7, 1987
11947
Henry P. Smith, President
Southold Town Trustees
Main Road
Southold, NY 11971
Dear Mr. Smith:
RE: Permit #317
Enclosed please find building
Koehler cabana. I would request an
the decking for this beach house, which
the existing bulkhead.
plans for the Frederick
amendment to include
is landward of
Thank you for your consideration.
HER:ml
ENC.
CC:
Very truly yours,
Menry ~k Raynor, Jr~
Frederick Koehler
· !
I
/
THIS INDENTURE, made the ~-~ da~ of '~;1~ , ninmcc, hu,ntrcd and (:i,i/l~'y - [,
BETWEEN
HOHRINC ENTERPRISES ~
prJne~pa] piece of
INC., a domestic corporation having its
business at 3~7 Glen Cove Rd., Sea Cliff, tlY
party of the fi[st part, and
FREPERZCK W. KOEHLER, 3R., residing at
Farmingdales New York
party of the sec(md part,
WITNESSETH, that the part)' of the first part, in consideration of
1 O8
Allen Blvd..,
, ~ECEIVED
~ $ ~'.~..U.~..: ........
I REAL ESTATE
AUG 13 1985
ten dollars and other good and
! TRANgFERTAX '
J. SUFFOLK
COUNTY
valtJahle considera(16n dollars,
lawft]l money of the United States,
p. id
by the party of the second part, docs hereby grant and release unto Ibc pally of the sccond p}lrt, thc heirs or successors
and assigns of the party of the second part ~rever,
ALL that certain plot, piece or parcel of land, situate,
lying and being at New Suffolk, Town of Southold, County
of Suffolk and State of New York, bounded and described
as follows:
BEGINNING at an iron pipe set on the Easterly line of Old Harbor
Road at the Southwesterly corner of the subject premises, being
the Northwesterly corner of land of Flora Mason;
RUNNING THENCE along said Easterly line of Old Harbor Road,
North 28 degrees 15 minutes 20 seconds West, 203.06 feet
to land of Benbow;
THENCE along said land of Benbow, South 83 degrees 37 minutes
40 seconds East 101.80 feet to a concrete monument;
THENCE along other land now or formerly of Benbow & Given,
three (3) courses, as follows:
1. SOUTH 83 degrees 32 minutes 00 seconds East,
to an iron pipe;
270.68 feet
100.00 feet
2. NORTH 78 degrees 39 minutes 30 seconds East,
to an iron pip.~;
3. SOUTH 71 degrees 26 minutes 30 seconds East 315.00 feet to
the ordinary High Water Mark of Cutchogue Harbor;
THENCE along said High Water Mark, South 18 degrees 58 minutes
10 seconds West, 198.04 feet to land of Whelan;
THENCE along said land of Whelan, two (2) courses as follows:
1. NORTH 66 degrees 37 minutes 00 seconds West 325.00 feet
to a concrete monument;
2. THENCE South 23 degrees 12 minutes 20 seconds West 64.80
feet to land of Flora Mason;
THENCE along said land of Flora Mason, North 77 degrees 44
minutes 30 seconds West, 289.05 feet to the point or place
of BEGINNING.
m 9850
SUBJECT to covenants, restrictions, easements, reservations and
agreements of record.
BEING and intended to be the same premises conveyed to the party
of the first part by deed dated October 31, 1982 and recorded
November 8, ]982 in Liber 9267 page ]38.
This conveyance is made in the norma! course of bus!ness
actually conducted by the party of the f!rst part.
....
u 9550
TOGETHER with all right, title and interest, if any, of the party of the first part in~' nd to any streets and roads abutting
the above described premises to the center lines thereof,'
TOGETHER with the appurtenances and all the e~late and rights of the party of the first pan in and to said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and
assigns of the party of the second part forever.
~'~11~6'tfi~p~'~*6~''the~fimt part covenants that the party of the tint part has not done or suffered anything whereby
the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first pail, in compliance with Section 13 of the Lien Law, covenants that the patty of the first
: will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust
fund to be applied first for the purlx)se of paying the cost of the improvement and will apply the same first to the pay-
merit of the cost of the improvement before using any part of thc Iotal of the same fi~r any other purpose.
The word "party" shall be construed as if it read "parties" whenever tbe sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first al~wc written.
IN PRESENCE OF:
HOHRING ENTERPRISES, INC.
ST, ATE OF ~EW YORK, COUNTY OF
On the . ~ ~. day of ~J'c,.tJ~
persona!ly.came
before me
to me known to be the individual described in and who
executed the foregoing instmment, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF SUFFOLK sa
On the ,,~, ,t,e" day of~,~. 19,g[l~, before me
person.ally came Richard .~ohrtng .
to me gnown, who, belngoy me ({my sworn, ({id depose an({ say
that he resides at No. 367 Glen Cove Ave,
~ea~a Cliff., .Y
President
~;hrino Enterprises, I,~fi~,eorporation described
in and which executed thc foregoing instrument; that he knows
the sca{ of said corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the board
o£ directors of said corporation, and that hc signed h name
thereto by like order.
On the day of 19 , heft)re utc
)crsonally came
to me known to be the individual described in and who
executed the lbregoing instrument, aud acknowledged that
executed thc same.
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me
~ersunally came
to me known, who, being by me duly sworu, did depose and say
that he resides at No.
;
that he is the
of
· the corporation described
in and which executed the foregoing instrument; that he knows
the seal of said corporation; that the seal affixed to said instmment
is such corporate seal; that it was so affixed by order of the hoard
of directors of said coq~)mtion, aad thai he signed h name
thereto by like order.
WITH COVENANT AGAINST GRANTOR'S ACTS
HOHRIHG ENTERPRISES~ INC.
TO
FREDERICK W. KOEHLER, 3R.
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
5
A Reliance C~oup Hc~ls ~
Recorded at Request of COMMONWEAl.TH LAND
TITLE INSURANCE COMPANY
P. O. Drawer A
Jamesport, NY
July 7, 1987
11947
Mr. John Grammis
John A. Grammis & Associates
83 0 Willis Avenue
A1Dertson, NY 11507
Dear John:
As per the enclosed copy of the letter from the
Suffolk County Department of Health Services to the
Southold Town Zoning Board of Appeals, dated June 22,
please forward a certification letter to the Suffolk
County Department of Health Services in regard to the
matter.
Sincerely,
1987,
Koehler
Henry E. Raynoc, Jr.
HER:ml
Eric.
CC: Frederick Koehler
Southold Town Zoning Board of Appeals
DEPARTMENT OF HEALTH SEF~VICES
June 22, 1987
}UNTY OF SUFFOLK
Ms. linda Kowalski
Board Secretary
Southold Town Board of Appeals
Main Road - StaTe Road 25
Southold, New York 11971
Dear Ms. Kowalski:
As per your telephone conversation of this date, with my secretary, returned
herewith is your copy of the site plan for the proposed cabana pump station
for Mr. and Mrs. Frederick Koehler.
No inspect4ons are required by this office; however, we are requesting that a
certification letter, from a professional engineer, be submitted to this office
for the ins%allation. This approval does not include any water service installa-
tion.
Please note this approval has reference number 86S0-104. Should you have any
additional questions, please feel free to contact this office.
Very truly yours,
S;b~phen~A. Costa, . ;E.
Associate Public Health Engineer
Bureau of Wastewater Management
SAC:cah
enclosures
(516) 548-3312
DEPARTMENT OF HEALTH SERVICES
June 22, 1987
C~::~UN~Y Of SUFFOLK
I,lichael A. loGrande
SUFFOLK COUNTY EXECUTIVE
DAVID HARRIS. M.D., M.P.H.
COMMISSIONER
Ms. Linda Kowalski
Board Secretary
Southold Town Board of Appeals
Main Road - State Road 25
Southold, New York 11971
Dear Ms. Kowalski:
As per your telephone conversation of this date, with my secretary, returned
herewith is your copy of the site plan for the proposed cabana pump station
for Mr. and Mrs. Frederick Koehler.
No inspections are required by this office; however, we are requesting that a
certification letter, from a professional engineer, be submitted to this office
for the installation. This approval does mot include any water service installa-
tion.
Please note this approval has reference number 86S0-104. Should you have any
additional questions, please feel free to contact this office.
Very truly yours,
Associate Public Health Engineer
Bureau of Wastewater Management
SAC:cah
Enclosures
COUNTY CENTER
R{VERHEAD Ny 11901
(516) 548-3312
Submersible Grinder Pumps
iS;CT,Om
PAGE
I ,ssuEo
Pump Specifications
Discharge Size: 1'/," Vertical
Impeller: 10 Vane Bronze Vortex
Seal: Double Mechanical Type, Ceramic and
Carbon Faces. Upper seal mounted in an oil
filled chamber and the lower seal lubricated
from the above chamber.
Pump Body: Cast iron
Motor housing: Cast Iron
Shredding Ring: Hardened 440C Slainless
Steel Rockwell C-55
Cutter: Hardened 440C Stainless Steel
Rockwell C-55
Power Cable: 15' of 10/4 SO Cable
Hardware: Corrosion Resistant Stainless Steel
Temperature Limitations: 150° of Liquid*
Standard Equipment: All Models equipped with
Carrying Handle, overcurrent and over-
temperature protection.
Optional Equipment: 30' of Cable, Impeller
Trims and Moisture Sensors
Weight: 100 lbs.
'Occasional 150~ Temperature only.
Models
I" ~,~ SGV201
SGV202
SGV203
SGV204
1-1/4" Discharge
Pea~""~y BaRnes
Motor Specifications
Model SGV201:2 HP, 230 Volt, Single Phase
Model SGV202:2 HP, 200 Volt, Three Phase
Model SGV203:2 HP, 230 Volt, Three Phase
Model SGV204:2 HP, 460 Volt, Three Phase
Single Phase: Capacitor start and run, completely
oil-filled, over current protection provided by
overload heater elements in the control panel.
Over-temperature protection by a separate
temperature sensor on the motor windings
which is connected to the motor starter cord
circuit in the control panel.
Three Phase: Dual voltage completely oil-filled,
over current protection provided by overload
heater elements in the control panel. Over
temperature protection provided by a separate
temperature sensor on the motor windings
which is connected to the motor starter coil
current in the control panel.
Motor Speed: 3450 R.P.M.
Motor Bearings: Oil lubricated ball.
Impeller Bearings: Sleeve, permanent oil
lubrication.
ISEqTiON I 7
I'~u~~/'
i SUPERSEOE$ 1/85
Models
SGV201
SGV202
SGV203
SGV204
S~mplex 4 homes Or 1600 galJons (]ay
Duplex 81~omesor 3200gmJons aay
Amperage
Max. Locked
Model Run Rotor
N~. Ampi AmPS
SGV201 13 46
SGV202 9 o 2 42
SGV203' 8.0 36
SGV204 4.0 18
, (436.2)
(568.3)I
22.37
(98.3)
3.87
TOP VIEW
1.25 N.P.T.
DISCHARGE
KEY- (MM)
· IN.
Pea y E RneS
Pltotte 419 57~' 15~1
MADE IN THE U.S,A.
TOTAL HEAD
MTRS FT
ISUPERSEDESl I
24-
18-
U.S. GALLONS
PER MINUTE
LITERS
PER MINUTE
30 40 50 60
37 75 113 151 189 227
Pea~y BaRnc__..s
"G 'inder and Efflu( t Systems
The sturdy design of the Peabody
Barnes grinder/rail systems is ideal
for outside applications where frost
line conditions exist. With this
system, you can remove, inspect,
and service the pump without dis-
connecting the pipe. We offer sim-
plex (shown), duplex and triplex
systems.
NEMA 4X JUNCTION BOX
1-1'2 ELEC. CONDUIT CPLG,~ /j
POLYPROPYLENE MERCURY
FLOAT SWITCH
FIBERGLASS INSERT
-FISERGLAaS COVER
PVC BALL VALVE
~ ~-QUICK COUPLING
~ FLEXIBLE HOSE
~'~' 'ALARM FLOAT
PUMP 'ON" FLOAT
PUMP "OFF" FLOAT
r-------CHECK VALVE
~ FIBERGLASS SEPTIC TANK
24
Installation Peabody Barnes Effluent pumps can be installec~by either of three easily serviced installation
methods. The stationary system can be used in areas having shallow frost lines. For areas where deeper frost
lines exist, the rail system for flex hose rail system are recommended. (Refer to drawings above.) All systems
can be furnished in a Duplex arrangement. Basins can be furnished in fiberglass in almost any size. Contact
Peabody Barnes for detailed information on available components and systems.
Control p~nel can be installed at pump basin or inside the dwelling. A visual or audio high water alarm can
be installed at the basin site or inside the home. Power costs to operate Peabody Barnes Effluent pumps are
much lees than the power requirements to operate major appliances normally found in the home.
Versatrol Standard
Pump Control Panels
TYPICAL DUPLEX PANEL WITH OPTIONS
· HiGH WATER
ALARM LIGHT
LIGHTS TO
INDICATE WATER IN THE
PUM~ SEAL CAVITY
HIGH WATER
ALARM HORN
PEABODY BARNES VERSATROL STANDARD
PUMP CONTROLS
Peabody Barnes pump controls provide both short
circuit protection and overload protection in a Nema 3
enclosure. Each control includes -
· A circuit breaker sized for the application
· Tamper-proof door
.Run Lights
'Magnetic contactor for single phase, or magnetic
starter with three ambient compensated quick-trip
overloads for 3-phase
'Manual. Off.Automatic selector switch
All Components U/L Listed
Available in Sizes for ~/2 HP - 40 HP
.115 and 230 volt AC, 1 .phase
'230 and 460 volt AC, 3.phase
All models include transformer for 115 voit AC control
circuits. All 230 volt panels are stamped "200/230 Volts"
and may be used throughout this voltage range.
*NOTE: Three and five horsepower single phase panels
are designed for use with Peabody Barnes special single
phase models (SE301, SEH301 and SEH501), ONLY
and are not to be used in other applications.
CIRCUITBflEAKER FOR LINE
DI,SCONNECTAND MOTOR
CIRCUITPROTECTI(~I
'1
--- r=
Peab"~y Barnes
Panel Accessories
Panel Mounted 115V Alarm Options
I SEcT o.17 I
.^GE I' I
SSUED I I
SUPERSEOESI I
Pad No.
64672
64673
64674
75601
Description
Alarm Light in vapor-proof fixture with a 60-watt flashing red light.
Alarm Bell is a weatherproof 4" vibrating bell which prodcues a 96 db at 10 feet,
with a test switch, alarm silence switch and red high water indicator light that
stays on until water goes down.
Alarm Horn is a weatherproof 4" square vibrating horn whih produces 96 db at
10 feet, with test switch, alarm silence switch and red high water indicator light
that stays on until water goes down.
Dim Glow Alarm may be used with alarm light, horn or bell. The light will glow
dim during normal operation; during high water condition the alarm light will
flash, or the audible alarm will sound.
Panel Mounted Options
64675
Moisture Sensor Relay with warning light. This relay is connected to two sensing
probes in the pump seal chamber and will detect moisture in the pump and
operate the warning light to indicate a failed seal. Use two of these for duplex
panels.
64676
Elapsed Time Meters indicate pump running time in hours and tenths of hours to
a total ol 99999.9 and is non-resettable. Use two of these for duplex panels.
64681
Temperature Sensor Relay with warning light. Each control panel is equipped as
standard equipment with terminals for temperature sensors. These thermostats
are wired in line with the pump motor starter coil and will turn the motor oft with
temperature rise. Use two of these for duplex panels.
64677
Pump Sequence Selector Switch is provided to override the automatic
alternator. This option is useful if it becomes necessary to remove one pump
from the duplex system.
64680
Ground Fault System -- A ground fault receptable 115-volt to be used on the
convenience outlet option.
64678
Condensation Prevention Heater is a panel mounted 100-watt heater with
thermostat and over-temperature control.
79027 Convenience Outlet without Power Transformer is a 115-volt duplex outlet with
weather-tight cover and is mounted on the side of the panel enclosure for 15-
amp max. utility use. NOTE: A 200/240 volt, 3 phase 4-wire service or 220/440
volt, 1 phase 3-wire service which produces 115 volts to neutral is required for
this option.
Peab- " y BaRnes
7
Part No.
64679
75602
75603
79028
79029
79030
64682
63735
63736
63737
75608
75609
75610
75611
75612
75613
75614
75615
75616
75617
75618
75619
75620
75621
75622
75623
75624
64683
Panel Accessories
Panel Mounted Options
Description
Convenience Outlet with Transformer is a 115-volt duplex outlet with weather-
tight cover and is mounted on the side of the panel enclosure for 15 amp utility
use, and has a 1.5 KVA power transformer connected to the primary line with
fused secondary.
Convenience Outlet with Transformer -- same as above except with a 3.0 KVA
power transformer.
Convenience Outlet with Transformer -- same as above except with a 5.0 KVA
power transformer.
Fused Disconnect is used to replace the motor circuit breaker sized for motor
load and voltage with rotary disconnect handle, if required. 115/230V, I phase,
250 volt,
Fused Disconnect -- Same as above except for 200/230V, 3 phase, 250 volt.
Fused Disconnect -- Same as above except for 460V, 3 phase, 600 volt,
Nema 4 Enclosure for Simplex Versatrol Standard and SGV Grinder Panels.
Nema 4 Enclosure for Simplex Uni-Direction SG Grinder Panels.
Nema 4 Enclosure lot S~mplex Duo-Direction SG Grinder Panels.
Nema 4 Enclosure for Duplex Uni- or Duo-Direction SG Grinder Panels.
Nema 4 Enclosure for Duplex Versatrol Standard and SGV Grinder Panels.
Nema 4X Simplex Enclosure.
Nema 4X Duplex Enclosure.
Nema 4X Simplex -- Stainless Steel Enclosure.
Nema 4X Duplex -- Stainless Steel Enclosure.
Nema 12 Simplex -- Steel Enclosure.
Nema 12 Duplex -- Steel Enclosure.
Nema 3R Oversized Enclosure Simplex.
Nema 3R Oversized Enclosure Duplex.
Nema 4 Oversized Enclosure Simplex.
Nema 4 Oversized Enclosure Duplex.
Nema 4X Oversized Enclosure Slml)lex.
Nema 4X Oversized Enclosure Duplex.
Nema 4X Oversized Enclosure Stainless Steel-Simplex.
Nema 4X Oversized Enclosure Stainless Steel-Duplex.
Nema 12 Oversized Enclosure Steel-Simplex.
Nema 12 Oversized Enclosure Steel-Duplex.
Control Circuit Reconnect Relay 115 volt -- The reconnect relay will transfer the
control voltage from rrm pump 1 circuit breaker to the pump 2 circuit breaker in
the event of the number one breaker tripping. This relay will hold the control
voltage on the #2 circuit breaker until the lead breaker is reset.
BaRnes
?F berglasin,s::::.I.
~ Fiberglas8 basins are
~ available In diameters an~l
' d~pOm ~ shown on reveres
; side of this sheet. For bosln
depths In 6-inch increment8
and depths over 120-inches,
coflsu~ factory.
! Construction is custom
,. molded:fiberglass reinforced
polyester resin. The interior
surface'ls gel-coated from 1
to20 mil thick to provide a
smooth sealed surface. The
well thickness will withstand
I water-saturated sand load
of 120 lbs. per cubic foot
with eSafety factor of two
ail ths.
Inlet hubs, discharge hubs,
discharge couplings, conduit
oouplings, anti-flotation
collars end studs for
mounthlg BAF are also
availabt~ see page C-119.
651 ~ ~in Sl~l, MansfM~, ~o 44~2
~: 4tP/522-~SH
(ot,~)
In Covers
Model Pert
No. No.
18S22 67700
18S32 66189
18S33 66190
24S32 76620
24S33 76620
3~S32 34585
3(~33 34586
30D322 34587
30D333 i 32110
Match pump
Basin
Die.
18"
18"
18"
24"
24"
30"
30"
30"
30"
OMy
30"
Vent Dlsch.
Size Size Size
Type A B
Simplex 2" 2"
Simplex 3" 2"
Simplex 3" 3"
Simplex 3" 2"
Simplex 3" 3"
Simplex 3" 2"
Simplex 3" 3"
Duplex 3" 2"
Duplex 3" 3"
Cover Bolt
O.D. Clmle
C D
20',V' 19'//'
20~,~''
201,~,, lg~/~..
28" 261/~''
28" 26~,~''
34" 32½"
34" 321/~''
34" 32½"
34" 32~/~0'
discharge size to discharge size on cover.
24"
Bolt Hole
Dlemeter
4 Holes - 1/2"
4 Slots - 1/2"
4 Slots - 1/2"
6 Holes - 1/2"
6 Holes - 1/2"
6 Slots - 7/16'
6 Slots. 7/16"
6 Slots - 7/16"
6 Slots - 7/16"
BASIN
PART INSIDE
NUMBER DIAMETER
32081
63871
63872
63873
63874
63876
63876
63877
63876
63881
63883
63885
63886
63887
63888
63891
63892
63893
63894
63895
63896
63898
64051 42"
64052 42"
64053 42"
64054 42"
84055 4~"
64O56 42"
64057 42"
64O58 42"
64061 48"
64062 48"
64063 48"
64064 48'
64065 48"
· 64066 48"
24"
24"
24"
24"
24"
24"
24'
24"
30"
30"
30"
30"
30"
30"
38"
36"
36"
38"
36"
BASIN
INSIDE COVER
DEPTH DIAMETER
30" 20Va"
36" 28"
48" 28"
60" 28"
72" 28"
84" 28"
98" 28"
108" 28"
120" 28"
36" 34"
72" 34"
84" 34"
108" 34"
· 120" 34"
36" 40"
48" 40"
60" 40"
72" 40"
96" 40"
120" 40"
36" 48"
GO" 46"
72" 48"
84" 46"
96" 46'
108" 46"
120" 48"
48" 54"
60" 54"
72" 54"
96" 54"
108" 54"
120" 5,4"
64071 60" 36" 66"
64072 60" 48" 66"
64073 60" 60" 66"
64074 GO" 72" GG"
64075 60" 64"
64076 CA)" 96" 66"
:64077 60" 108" 66"
64078 60" 120" 66"
NOMINAL
WALL SHIPPING
THICKNESS WEIGHT
16 lbs.
3/16" 39 lb41.
3/16" 49
3/16" 58 Ibl~{~
3/16" 68 Ibl, :,.~;~
3/16" 78 bi,.
·
3/16" 88 lb~.
3/16" 98 lb~:
3/16" 108 11:~.:·;,~,~,3
3/16" 52 I1:~.
3/16" 76
~16" ~ I~v(~
3/16" '
3/16" 112 lbs'
3/16" 3~ Ib~,~
3/16" 141 ~, ;p
3/16" ~ I~
3/16" 76
3/16" 92 lbs.
3/16" 108 lb&
3/16" 124 I~,
3/ 6"
3/16" 170 I~
3/16"
3/16" 01 I~.
3/18" 118 I~.,. ~a
3/16" 135 Ib~.
1/4" 171 I~
1/4" 191 I~
1/4" 211 I~.
3/16" 1~ I~.
3/16" 129 lbs.
3/16" 152 I~
3/16" 176 I~
1/4" 225 I~
1/4" 251 Ib~.
1/4" 285 Ibl.
3/16" 152 I~
3/16" 184 Ib~ ~
3/16" 216 Ib~
3/16" 248 I~.
1/4" 2~ I~.
1/4" 317 I~
1/4" ~7 I~..,
1/4" 379 I~.
Consult Factory for basin depths in _6-inch
increments and dept~s over ~I~ i~o~, .~,
//
.SECTION (~ SEWER EJECTOR PIT
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
June 17, 1987
Mr. Stanley A. Pauzer, District Manager
Suffolk County Soil and Water Conservation District
127 East Main Street
Riverhead, NY 11901
Re:
Appeal No. 3496 - FREDERICK KOEHLER, JR.
Location of Property: Cutchogue Harbor
575 Old Harbor Road,
Dear Mr. Pauz~r:
Cutchogue
We presently have an application pending in which the
property owner proposes to construct a cabana a distance
of apprQximately 11 feet from existing bulkhead and install
new water line from cabana to existing house and sanitary
system line, as more particularly shown on survey prepared
by John A. Grammas and Associates dated March lO, 1986
(attached hereto).
May we ask your assessment of this project prior to
the anticipated public hearing date of July 16, 19877
Also enclosed for your fi'le are
County Tax Map and perti.nent ma. terial
application.
copies of the Suffolk
submitted with this
is
Please don't hesitate to call if additional
necessary. Thank you for your assistance.
information
Yours very truly,
GERARD P. GOEHRINGER
lk CHAIRMAN
Enclosures
Southolcl Town Board of Appeals
MAIN ROAD- STATE ROAD 25, SOUTHOLD, L.I., N.Y. 11971
TEl EPHONE (516) 76S 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J DOUGLASS
JOSEPH H. SAWlCKI
June 17, 1987
Suffolk County Health Department
Bureau of Wastewater Management
County Center
Riverhead, NY 11901
Re:
Health Department Approval 4-24-87
Matter of Mr. and Mrs. Frederick Koehler
(Prevous Owner: Mary Lockwood)
Attention: Ms. Carol Hunsinger
Dear Mrs. Hunsinger:
Pursuant to our
transmitting one map
signature), together
1987 for submersible
telephone conversation today, we are
having the approval stamp (without
with specifications stamped January 22,
Grinder Pumps.
Inasmuch as the connection of the water and sewer
lines from the proposed cabana along the bulkhead to the
existing dwelling's systems will be discussed at our
hearing expected in this matter on July 16th, we would
like verification by your Agency of these line connections
and the engineer approving same in the event there are
questions.
Thank you for your time and assistance.
Yours very truly,
Enclosures
BOARD OF APPEALS
By Linda Kowalski
Board Secretary
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
'ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF $ODTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1892
S.E.Q.R.A.~
NEGATIVE ENVIRONMENTAL DECLARATION
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
APPLICATION NO. 396
NAME: Frederick Koehler, Jr.
This no~ice is issued pursuant to the provisions of Article 8
of the Environmental Conservation Law State Environmental Quality
Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the
Code of the Town of Southold, Notice is hereby given that the
Southold Town Trustees, as lead agency for the action described
below has determined that the project will not have a significant
effect to the environment.
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 sa/ne or
similar project.
TYPE OF ACTION: Unlisted
DESCRIPTION OF ACTION: Construction of beach house 'above the
bulkhead on property in New Suffolk.
LOCATION OF PROJECT: Old Harbor Rd., New suffolk, N.Y.
REASONS.SUPPORTING THIS
m
DETE~IINATION:
An environmental assessment form in the long form has been
submitted which indicated that there would be no adverse effect
to the environment should the project be implemented as planned.
Because there has been no response in the allotted time from the
Southold Town Building Dept. and the N.Y.S.. D.E.C~ it is assumed
that there are no objections nor comments from those agencies.
Further information can be obtained by contacting Henry P. Smith, Pres.,
Board of Trustees, Town Hall, Main Road, Southold, Hew York 11971 or
by calling (516) 765-1892.
HPS:AO
CC: Bldg. Dept.
C.A.C.
Planning B~/
Zoning Bd~
DEC- Albany
DEC-Stony Brook
Army Corps.
Aran Terchunian, Coastal Mgmt.
Town Clerks Bulletin Bd.
Trustees
File
Very truly yours,
nry P.~Smith, President
Board of Town Trustees
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
May 13, 1986
Mr. Henry E. Raynor,
Love Lane
Mattituck, NY 11952
Jr.
Re: Appeal No. 3496 Frederick Koehler, Jr. (Variance)
Dear Henry:
This letter will acknowledge receipt of your recent appli-
cation. The members of the Board of Appeals will be conducting
field inspections and environmental reviews as may be required
by State and local laws prior to scheduling your application for
a public hearing.
It is requested in the interim that you nroceed with the
[ ] Planning Board [ ] N.Y.S.D.E.C. [ X] County Health Dept.*
in order that they may submit their written comments or recom-
mendations as early as possible. Upon receipt of their input,
your application will be scheduled for the next available hear-
ing date.
If the above document(s) are submitted by June 1st,
it is expected that the public hearing would be held about the
middle part of July. A copy of the notice of hearings as
published in the Long Island Traveler-Watchman and the Suffolk
Times will be sent to you as confirmation.
Please feel free to call at any time if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
y.AIRMAN . /
Linda [owalski
*as per our telephone conversation recently.
Southold Town Board of Appeals
I~AIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. '11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
1987
July 16,
S.E.Q.R.A.
NEGATIVE ENVIRON~iNTAL DECLARATION
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Notice of Determination of Non-Significance
APPEAL NO.: 3496
PROJECT NAME: FREDERICK KOEHLER, JR.
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 Southotd.
This board determines the within project not to ]lave 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 simii~r
project.
TYPE OF ACTION: ~>~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct beach pavillon and attached deck
within 75 feet of highwater mark and/or landward edge of tidal wetland
along Peconic Bay
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 575 Old Harbor Road, New Suffolk, NY
1000-117-03-06
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) Separating the project in question from the waterfront or
tidal area is other construction and/or a bulkhead in good condition.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold~ NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
Legal Notices
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Seuthold, the follow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeting at the Svuthold Town
Hall, Main Road, Southold,'New
York, on THURSDAY, JULY
16, 19~7 at the following times:
7:35 p.m. Appl. No. 3581 -
GEORGE D. DAMIEN. Var(-
ar~ces to the Zoning Ordinance,
Article III, Section 100-31, and
Bulk Schedule, for approval of
m~ufficient area, width and
depth of two parcels in this pend-
ing set-off division of land
cared at the Corners of Jackson,
Fifth and Main Streets, New
Suffolk, NY; County Tax Map
District 1000, Section 17, Block
9, Lot 12, containing a total area
o£28,9192 sq. ft.
7;40 p,m. Appl. No. 3639 -
WILHELM FRANKEN. Vari-
ance to the Zoning Ordinance,
Article III, Section 100-32, and
Article XI, Section 100-119.2, for
permission to locate 25' by 25'
accessory building in sideyard
area and with insufficient set-
back from existing bulkhead
along Gull Pond Inlet. Location
of Property: West Side of Osprey
Nest Road, Greenport, NY;
Cleaves Point Subdivision Sec-
t/on I, Map 2752, Subdivision
Lots 14 and 15; County Tax Map
District 1000, Section 35, Block
6, Lots 22, 23 and 24 (now 24.1).
7:45 p.m. Appl. No 3635 - AR-
THUR V. JUNGE. Variance to
the Zoning Ordinance, Article
II1, Section 100-30(A) for per-
mission to establish electrical
shop use in this~-40" Residen-
tial and Agr~ral Zoning
District. Locatl~llrof Property:
North Side of CR. 48, Cutch-
ogue, NY; County Tax Map Dis-
trict 1000, Section 96, Block 1,
Lot 19, containing 45,589+ sq.
ft. in lot area.
7:50 p.m. Appl. No. 3631 -
PUDGE CORP. Variance to
the Zoning Ordinance, Article
lit, Section 100-30(A) for per-
mission to establish and con-
struct 7500 sq. ft. building for in-
dustrial use in this "A' Residen-
tial and Agricultural Zoning
District. Location of Property:
North Side of C.R. 48, Cutch-
ogue, NY; County Tax Map Dis-
trict 1000, Sect/on 96, Block 1,
Lot 20, containing 39,524 x sq.
ft. m lot area.
7:55 p.m. Appl. No. 3638 -
JAMES AND MARY TYLER
(continued from June 18, 1987).
Special Exception modifying
App]. No, 3400 to permit vehicle
do~rs to face street side as con-
structed. Location of Property:
6795 Main Road, Laurel, NY;
Matt(tuck Holding Co. Minor
Subdivision Lot #3; County Tax
Map District 1000, Section 125,
Block 1, Lot 19.6.
8:00 p.m. Apph No. 3642 -
DINA MASSO. Variance to the
Zoning Ordinance, Article XI,
Section 100-119.2 to construct
accessory boathouse structure
with dqck at the foot oftbe bluff,
and deck and new stairs along
and at top of bluff areas, all
landward of existing wood bul-
khead along Peconic Bay, prem-
ises known as 5705 Nassau
Point Road, Cutchogxm, NY; Lot
39, Amended Map A of Nassau
Point Filed August 16, 1922;
County Tax Map District 1000,
Section 111, Block 13, Lot 04.
6:05 p.m. AppL No. 3644 -
FREDERICK WIGHTMAN/
DAVID FREY/JOSEPM~
REIN~IART. Variance to ~
Zoning Ordinance, Article ll~,
Section 100-30(A), Article XI,
Section 100-118(E) for establish-
ment of business uses, and/or in-
terpretation, to permit the fol-
lowing activities: retail sales
and storage, busim, ss office, pro-
fessional office, governmental
office, contractor office, per-
sonal-service store or shop, as
described for the "B-Light Busi-
ness" Zoning District, Section
100-60(A)[2J, [41, [8) inclusively,
in conjunction with existing
single-family dweffing unit on
second/floor having a livable
floor area of 900 sq ft Zone l)i.~-
trict: "A-40.' Location of Prop-
crty: North Side of Main Road,
Peconic, NY; County Tax Map
District 1000, Section 75, Black
1, Lot 16, containing 1.0194
8:20 p.m. Appl. No. 3645 -
PAUL AND CHARLO~FE
GALGAN. Variance to the Zon-
ing Ordinance, Article XL Sec-
tion 100-119.2 for permission to
construct additions to dwelling
landward of existing construc-
tion and within 75 feet of exist-
ing bulkhead along Eugene's
Creek, 4605 Stillwater Avenue,
Cutchogue, NY; County Tax
Map District 1000~ Section 137,
Block 03, Lot 05.
~"~8:35 p.m. Appl. No. 3496 -
FREDERICK KOEHLER, JR.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.2 for permission to construct
38' by 16' beach pavilion and at~
tachod deck areas extending a
length of 124 +- feet and width of
28 feet (exclusive of stairs), ac-
cessory and incidental to the es-
tablished single-family res(den-
be operated (hr sleeping or habit-
for gain, witbin 75 feet of ordi-
nary highwater mark and/or
landward edge of tidal wetland,
along Peconic Bay, 575 Old Har-
bor Road, New Suffolk, NY;
County Tax Map District 1000,
Seaction 117, Block 03, Lot 06.
8:40 p.m. Appl. No. 3592
'~BENTE SNELLENBURG
(Continued from April 20, 1987
as requestedt. Variances to the
Zoning Oral(mince, Articles: (1)
proval of eight foot height of
fencing ahmg the easterly prop-
erty line a length of 72 ~' feet;
(21 XII, Section 100- i41, Appeal-
lng the November 6, 1986 Ordvr
to Bemcdy Violation which man-
dates a building permit for new
fencing along the easterly prop-
erty line~ Location of Property:
Private right-of-way extending
offthe east side of Seuth Harbor
Road Iknown as Private Boad
No. 10, or Old Woods PathL
Seuthold, NY; County Tax Map
District 1000, Section 87, Block
The Board of Appeals will
hear at said time and place all
lng to be heard in each of the
above matters. Each hearing
will not start before the time
lo~ted. Written comments may
J~e submittod prior to the conclu-
sion of the subject hearing. For
765-1809.
Dated: June 30, 1987.
BY ORDER OF
THE SOUTIIOLD TOWN
BOARD OF APPEALS
GERARD P. GOEIIRINGER,
CBAIRMAN
IAnda Kowalski,
Board Secretary
1TJyg-5658
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town' of Southoid, the
following hearings will be held
by the SOUTHOLD TOWN
BOARD~
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, New York, on
THURSDAY, JULY 16, 1987, at
the following times:
7:35 p.m. AppL No. 3581-'
dinance, Article 111, Section
: tion 100-119.2 for permission to
: construct additions to dwelling
J: ~4~ndward of existing construc-
tion and within 75 feet of ex-
isting bulkhead along Eugene's
Creek, 4605 Stillwater Avenue,
Cutchogue, NY: County Tax
Map District 1000, Section 137,
Block 03, Lot 05.
8:35 p.m. Appl. No.
FREDERICK KOEHLER~ JR.
' Variance to the Zoning Or-
- dinance, Article XI, Section
9 100-119.2 for permission to con-
struct 38' by 16' beach pavilion
and attached deck areas exten-
ding a length of 124+ feet.and
} width of 28 feet (exclusive ol
stairs), accessory and incident
to the established single-fatal
residential use of the
not to be c
or habitable purposes and not
operated for gain, within 75 feet
of ordinary highwater mark
and/or landward edge of tidal
wetland, alo0g Peconic Bay, 575
Old Harbor Road,
NY; County Tax Map District
1000, Section 117
06.
8:40 p.m. Appl. No. 3592-
BENTE . SNELLENBBURG
(Continued from April 20, 1987
as requested). Variances to the
Zoning Ordinance, Articles: (1)
Xt, Section 100-119.1 (B) for ap-
proval of eight-foot height of
fencing along the easterly pro-
perty line a length of 72+ feet;
(2) Xll, Section 100-141, Ap-
pealing thc November 6, 1986
Order to Remedy Violation
which mandates a building per-
mit for new fencing along the
easterly property line. Location
of Property: Private right-of-
way extending off the east side
of South Harbor Road {known
as Private Road No. 10, or Old
Woods. Path), S~,uthold, NY;
County Tax Map District 1000,
Section 87, Block 2, Lot 21.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above mauers. Each heariug will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: June 30, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
IT-7/9/87(30)
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
successively, commencing on the ............ : .........
4;
Sworn to before me this ............. . ....... day of
Notary Public
BARBARA FORBES
~rot~y Pub;ie, State of New Yo~k
Southold Town Board
ppeals -33- May 28, 1986 Special Meeting
(Public Hearing Set-Ups, continued:)
8:00 p.m.
8:05 p.m.
8:10 p.m.
8:15 p.m.
8:20 p.m.
8:30 p.m.
8:40 p.m.
8:45 p.m.
8:55 p~m,
ALBERT J. BODENSTEIN;
ELEANOR LEONARD;
MARJORIE D. PETRAS;
RALPH AND LUCILLE STOCKER;
STEPHEN SHILOWITZL
RICHARD AND RUTH ZEZDLER;
- PORT OF EGYPT ENTERPRISES
PORT OF EGYPT ENTERPRISES
- SAMUEL BAIE.
(Variance)~
(Spec. Exception);
Vote of the Board: AyesL Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
NEW REVIEW: Appeal No. 3496 - FREDERICK KOEHLER, JR;'~
iance~~uct beach house/cabana structure within 75
ulkhead. NE/s Old Harbor Road, New Suffolk. It was the
ensus of the board to hold this matter in abeyance before~
rtising for a hearing pending receipt of approval from
Suffolk County Department of Health Services for the \
ic and water hook-ups.
NEW REVIEW: Appeal No. 3511 KAPELL REAL ESTATE, INC.
& ANO. Variance for approval of two parcels having insufficient
area, width and depth. S/s Linnett St and N/s Brown St, Greenport.
The board instructed the Secretary to hold this matter in abeyance
prior to advertising for a public hearing pending receipt of
approval.(or waiver) from the Suffolk County Health Department
and input from the Planning Board (after compelte application
and appropriate reviews).
NEW REVIEW: Appeal No. 3514 - GEORGE P. SCHADE. Variance
for approval of lots having insufficient area, wid~-h--~-~d depth.
Cedar Avenue, Southold. Board members instructed Secretary not
to set this matter up for a public hearing until approval or
waiver has been received from applicant through the Health
Department and comments/input by the Planning Board after
appropriate reviews have been made.
Southold Town Board of Appeals
MAIN ROAD- STAT£ I~OAD 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,~u~/~_
G'ERARO P."G~'EHRrNG~R
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and
Board Clerk
Notice of Hearings July 16, 1987
Southold Town Board of Appeals
Copies on or about July
Suffolk Times
L.I. Traveler-Watchman
2, 1987 to the following:
Mr. George D. Damien, 4015 West Fairview Heights Avenue, Tampa, FL 33616
Mr. George D. Damien, Box 626, New Suffolk, NY 11956
Mr. John H. Geideman, as Agent for Mr.
Box 416, East Marion, NY 11939
Mr. Wilhelm Franken, Osprey Nest Road,
Wilhelm Franken,
Greenport, NY 11944
Mr. Arthur V. Junge, 6880 Nassau Point Road, Cutchogue, NY 11935
Mr. James L. Gray, Sr., Pudge Corp., Box 1465, Southold 11971
Richard F. Lark, Esq., Box 973, Main Road, Cutchogue, NY 11935
as Attorney for Mr. and Mrs. James Tyler
Mr. Garrett A. Strang, R.A., as Agent for Dina Masso and Fred Wightman
Main Road, Box 1412, Southold, NY 11971
Mr. William Jacobs, Builder, as Agent for Mr. and Mrs. Paul Galgan
Depot Lane, Cutchogue, NY 11935
Mr. and Mrs. Paul Galgan, 4605 Stillwater Ave, Cutchogue, NY 11935
Mr. Henry E. Raynor, Jr. as Agent for Mr. Frederick Koehler
P.O. Drawer A, Jamesport, NY 11947
Philip J. Cardinale, Esq. as Attorney for Mrs. D. Dean
P.O. Drawer W, Main Road, Jamesport, NY 11947]
Mrs. Donald E. Dean, 9 Yorke Road, Mountain Lakes, NJ 07046
Mr. and Mrs. Socrates Spirakis, 139 Stratford Ave, Garden City,NY
Justice and Mrs. J. Snellenburg, Private Road, Southold, NY 11971
11530
individual Board members with maps
Town Clerk Bulletin Board 7/1/87
ZBA Office Bulletin Board 7/1/87
Building Department (Vic)
Planning Board Office
for on-site
inspections/reviews.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Frederick Koehler, Jr,
to the Board of Appeals of the Town of Southold
TO:
Ms. Elizabeth Whelan
Box 138
New Suffolk, NY 11956
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of So,hold
to request a (Variance) ~F~;~L~L~x~~f~~ [circle choice] ~
).
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows: Old Harbor Roadr New Suffolk, New York, also known as
Section 117, Block 3, Lots 5 & 6
3. That the property which is the subject of such Petition is located in the following zoning district:
AR 80
4. That by such Petition, the undersigned will request the following relief:
variance to construct beach house behind bulkhead line
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-119.2 & Art I, Section 97-13 IA-3)
[ ] Section 280-A, New York TQwn 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 5outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing~
Dated: April 22, 1986
Petitioner
Owners'Names: Frederick Koehler, JR.
PostOfficeAddress
C70 Bud Realty, 108 Allen Boulevard
Farminqdaler NY
NAME
PROOF.OF_ M. AII
ATTACII CER'I'iI"iED IVIAIL RECEIPTS
ADDRESS
P 329 228 384
RECEIPT FOR CERTIFIED MAIL
Sworn to bede me this
STATE OF NEW YORK )
COUNTY OF SUFFOLK } ss.:
of (._? ,J:~'~.~ ,- '~ :-¥ ;; I~ deponent maimed a true copy of the Notice set forth';'; ~e~e-e- '
verse sid~ hereof, directed to each of the above-named persons a r the addresses set opposite their respective
names; that the addresses ,~el Op~osit'e Ihe names of said persons are lhe addresses of said persnns as shown on
the curreqt assessmenU4all:of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice~iL...~ ~ ; fha! said Notices were mailed to each of said persons by
~registered) mail.
(This ' ~
sial_ does nn~ have tr, be ¢ornpletpd on form transmit[ed te adioining
property owners.) '
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Frederick Koehler, Jr.
to the Board of Appeals of the Town of Southold :
TO:
Mr. and Mrs. Richard Kirk Guiton
109 Lynbrook Avenue
Point Lookout, NY 11569
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ~l[eLJ~l~x~t~l~e~ll[l~BX]f~K [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property a~d is des-
cribed as follows: Old Harbor Roadr New Suffolk~ New York, also know~ a~
Section 117, Block 3, Lots 5 & 6 %
3. That the property which is the subject of such Petition is located in the following zoning district:
AR 80
4. That by such Petition, the undersigned will request the following relief:
variance to construct beach house behind bulkhead line
5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-119.2 & Art. I, Section 97-13 (A-3)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. lhat 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. 5outhotd, 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
fight to appear and be heard at such hearing.
Dated: April 22! 1986
Petitioner
Owners'Names: Frederick Koehler, Jr.
PostOfficeAddress
c/o Bud Realty, 108 Allen Boulevard
Farmingdale, NY
NAME
PROOF OF MAILIN~ OF NOTICE
A'r'rAcIl CERTIF'IED MAIl, RECEIPTS
ADDRESS
RECEIPT FOR CERTIFIE
/~/~
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
,residiog at _ _
/L,~~ ;~ ,'{ {~'l~ ~' _. being duly sworn?deposes and s~s t~at on the ~ay
of '-~~ .~, 19 ~ .deponent mailed a true copy of the Notice set forthon there-
verse s~d~hereof, d eec/ed 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 lhe addresses of said persons as shown on
the current ass~sment roll of the Town of Soulhold; that said Notices were mailed at the United Slates Post Of-
rice at ~),~+~.~ ; that said Nntices were mailed to each of said persons by
~rcgistered)_ mail.
Sworn to b,~re me~ this
day~qf ( ~4~ ~ ~ ~'--~
~' - Notary Publi~'
~ ~N N~
~ ~ ~ ~ N~ York
No, ~2-812~8~, 5~o~ ~u~
Ter~ ~r~ O~ 31, 19~
~ (This side does nn[
pr~pert7 owners.)
have to be
cnmpletod
on form
transmitted tn adioining
BOARD OF APPEALS, TOWN OF SOUTHOLD
In th6 Matter OT the Petition of'
Frederick Koehler, Jr.
~otheBo~dofAooealsoftheTownofSouthold
TO: James Given III
57 High Farms Road
West Hartford, CT 06107
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of So~thold
to request a (Variance) (~pVe3~Kl~c~T~Y~Ki~e~X~ [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property anLd is des-
cribed as follows: Old Harbor Road, N~w Suffolk, New York, also known as~
Section 117, Block 3, Lots 5 & 6
~Thatthepr~pert~wh~c~sthesubject~fsuchPet~t~n~s~cated~nthef~l~w~gz~ningd~str~ct:
AR80
4.]hatbysuchPetition, theundersigned willrequestthefollowingrelief: variance to
construct beach house behind bulkhead line
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-119.2 & Art I, Section 97-13 (A-3)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765--1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: April 22, 1986
Petitioner
Owners'Names: Frederick Koehler,
PostOfficeAddtess
c/o Bud Realty, 108 Allen Boulevard
Farmingdale, NY
Jr.
NAME
PROOf Of MAIIIN(~OI. NOI CE
ATTACH CERTIFIED MAIl, RECEIPTS
ADDRESS
P 329 228 386
RECEIPT FOR CERTIFIED
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
~ '~A~ld, ! DJ, '~ (,JZ~ ['? , residing a{
, being duly ;worn~oses ~'says tha, o~2he ~ d~V
of ~-- - u- , 19 ~. deponem mailed a true copy of lbe Nolice set forth on the re.
ver~ sid~ hereof, directed lo each of Ihe above-named persons a~ the addresses se~ opposile Iheir respective
names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on
the currem ass~sment roll of lhe Tnwn of Soulhold; that said Notices were mailed al the Uniled Slales Post Of-
rice at ~~ ; lhal said N,fices were mailed Io each of said persons by
~registered) m~il.
Sworn tg~efor~ me ;his ~,
g Notary Public"~ --'~-'--'-T~-~-
EUZABE'~.I ANN NEVILLE
No.fy Publlo, State of New York
NO. 62-81268E0, Suffolk
Term E.~q)ire~ October 31, 19~:.~r_.
(This side does nnf have tn be completod on form transmitted to adjoining
property owners.) '
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Mailer or the Pelition of :
Frederick Koehler, Jr. :
tO the Board of Appeals of the Town of Southold :
TO:
Mr. and ~rs. Douglas Whelan
9111 Don Mills
San Antonio, TX 78200
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE ftLREBYGIVEN NOTICE:
1. That il is tile intention of the uodersigned to petition lhe Board of Appeals of the lown of Soulflold
to request a (Variance) (~K~ra~,~fe~l~e~;~J[X~Dv~~ [ circle choice ]
).
2. 1hat tile property which is the subject of the Petition is located adjacent to your propert~'~and is des-
cribed as follows: Old Harbor Road, New Suffolk, New York, aisc ~nown~as
Section 117, Block 3, Lots 5 & 6.
3. Thai tile properly which is the subject of such Petition is located in the following zoning districl:
AR80
4. 1hat by such Petition, the undersiRned will request the f.,ol!ow.in.R relie~f:
variance to construct beach house beh~nQ Du~KneaQ l~ine
$. lhal tile provisions of tile Southold 1'own Zoning Code applicable to the relief soughl by Ihe under-
signedare Article III Section 100-1192. & Art I, Section 97-13 CA-3)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. Thai v, ithin five days from fire date hereof, a written Petition requesting the relief specified above will
be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-]_809.
7. That before the r~lief sought may be granted, a public hearing must be held on lire mailer by the
Board of Appeals; that a notice of such hearing must be published al least five days prior to the dale of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
l~own of Southold and designated for tire publication of such notices; that you or your representative have the
right lo appear and be heard at such hearing.
Dated: April 22, 1986
Petitioner
Owners'Names: Frederick Koehler, JR.
PostOfficeAddress
~/O Bud Realty, 108 Allen Boulevard
Farmingdale, NY
NAME
PROOF OF MAIL NG_OF NOTICE
AT'PACII CERTIFIED MAI1, RECEIPTS
ADDRESS
P 329
RECEIPT FOR CEI'
\
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
.-.N~,. ~,~-~t~ "~ PJ' ;) ~ , hein~ duly ~worn, aeposes and ~ays thai ~n the ~ day
of ~, 0~_ u , 19 ~ .deponenlmaileda~ruecopyoftheNoticese~ forth~nthe're.
verse ~i~e hereof, directed to each of the above-named persnn~ at the addresses set opposhe Iheir respective
names; thal lhe addresses sel opposite Ihe names of ~aid per,on& are Ihe addresse~ of ~aid per~ons a~ shown on
the current ass~sment roll of Ihe Town of Soulhold; lhal said Notices were mailed al the United Stales Posl Of-
~(registered) mail. ;[hal said N~)lices were mailed lo each of said persons by
Sworn to bef~ me
day of
Notary 'Public ~-~ -
~B~ ANN N~E
N~a~ Publ~, State ~ N~ Yo~
No. 52-81258~, Suffolk Co~
Term Expires Octo~r 31, 1
(This side does nat have tn be comple~pd an form tranqmitted tn adjoining
property owners.)
BOARD OF APPEALS. 1OWN OF SOUTHOLD
In the Matter or Ihe Petition of
Frederick Koehler,. Jr.
to the 8oard of Appeals of Ihe Town of 5outhold
TO: Ms. Mary Benbow
2000 Lookout Court
Winston Salem, NC 27106
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE ItEREBYGIVEN NOIICE:
1. ]'hat it is Ihe iulention of Ibc uncfelsigned to petition the Board t)f Appeals of the 1own of Southold
to request a (Variance) ~cXa~](MeV~K~FcY~K]~Y~X~{<~ [circle choice]
2. 1hat the property/ which is the subject of the Petition is located adjacent to your proper~y and is des-
cribed as follows: Old Harbor Road, New Suffolk, New York also knoyn as
Section 117, Block 3, Lots 5 & 6
3. That/he properly which is the subject of such Petition is located in the following zoning district:
AR80
4. That by such Petilion, the undersigned will request the followingrelief:
variance to construct beach house behind bulkhead line
5. lhat the provisions of Ihe Southold Town Zoning Code applicable to the relief soughl by Ihe under-
signedare Article III Section 100-119.2 & Art I, Section 97-13 (A-3)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. 1hat within five days from the date hereof, a written Pelilion requesting the relief specified above will
be filed in the Southold lown 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. Thai before the relief sought may be granted, a public hearing must be held on the matter by /he
Board of Appeals; that a notice of such hearing must be published at leasl five days prior to lhe date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in lhe
'[own of Soulhold and designated for lhe publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: April 22, 1986
Petitioner
Owners'Names: mrederick J. Koehler, Jr.
P0stOfficeAddress
c/o Bud Realty, 198 Allen Boulevard
Farminqdale, NY
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
· , aeposes anti says that on the ~F~day
of (J,_t~a?l) , 19 _~__, deponent mailed a true copy of Ihe Notice set forth on the ~'e-
verse side hereof, directed to each ot the above-named persons al Ihe addresses ~el opposite their respective
names; that the addresses set opposile Ihe names of qaid persom are the addreqses of said per~ons as shown on
the current ass~sment rgll of the Tnwn of Soulhold; that said Notices were mailed at the Uniled Slates Post Of-
~~registeredJ mail. ; lhal said Nozices were mailed to each o[ said persons by
Sworn to.fore ~ ,his . ~ -
Not~ry Public ~
N E~B~ ANN N~L~
~ ~bl~, Sta~ ~ N~ Y~k
~. 62-812~, Su~lk ~u
Term ~ ~r 31, 19 ~
(This side d,~es nnr have tn be comple~-d ~n form rranq,litled tn ad.joining
property owners.)
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date...~..~~..~. ....... 19 .~..~.
To~...~...~.. ~,~. i. ~.'..~..~ ~ ~.
. ~.o...~...~....~... ............
~ ~~..~ ~... ~?.~.,.~ ....
PLEASE TAKE NOTICE that your application dated . .~~. ~ ....... , 19 ~ h.
Location of Property .~... .~. ~.~ ~ ~
County Tax Map No. I000 Section .... [!~ ...... Block ... ~. ~ ...... ~t ..~.~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds . . ~.. ~. ~
~~.& ...... ~ ~.~.. ~.7.. ~. ~.. ~.~' - ~. ~..~.~~..- .
.................................. .. ....... . . .. ...... .
Buildin~ Inspector
RV 1/80
FOl{3i 1~]'. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N. Y.
P.E:RTIFII::ATE: DF rlP. P. UPANP. Y
No. ~ .26.~r~ .... Date ............... ~h .... ~'3" ', 19.6?
THIS CERTIFIES that the building located at .~B .0.'14. Bal'bo]'. i~ ........ Street
Map No... ~ ...... Block No ..... ~ ... Lot No. ~ ..... [O~- I~l~['Olll:.! .11.,¥,. · ·
conforms substantially to the Application for Building Permit heretofore filed in this office
dated ....... lug...~ .......... , 19.6~ pursuant to which Building Permit No. 2~3~-Z.
dated ........ JLllg .... ~0 ....... 19.6~, was issued, and conforms to all of the require-
ments .of the applicable provisions of the la~v. The .occupancy ~or which this certificate is
issued is I~.I'~,V&~O · O~e. ~ll]l~ly..dv®ll.~l~ ...........................................
The certificate is issued t.o ...I~It,I~I~ICtfOO~ ....... 0~'~1· ............................
(owner, lessee or tenant)
of the aforesaid building.
.Suffolk County Department of Health Appr~)val ............. ~1~..-~r. ~,. :~:[1~. ~ ....
............
FOB/~ NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
o ............................. Date ........................................................ ,
THIS CERTIFIES that the building located at ....0.~,~....~...~...~..O..~.....~...O..a.~ .............................. Street
Map No.......Z~,. ............. Block No. ~ ................. Lot No
conforms substantially to the Application for Building Permit heretofore filed in this office dated
................................. ...J~..~ ......... ..8. ............. , 19..~.0... pursuant to which Building Permit No ..... .~.~...~..~..
dated ............................ ~. .......~. .......... , 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 ........
................... ~.~,~.~..t~....~,c..e..e..e..s**~.~....( ge.~.~,~. ~.t,..o.~.. ~...,s.t..o..~.g .e.... ).... ,b.,~.~.~.~ ........................
The certificate is issued to ...~.J~l,~.~...~.O.l~.J~"~O.~ ......................... (]~)~1,~. ...........................................
(owner, lessee or tenant)
of the aforesaid building.
~ouse ~' ~?~
Building Inlpector
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hail
Southold, N.Y.
Certificate Of Occupancy
No ..... Z. ] .3.6.7.6. ...... Date ........... .J.u.~ .y..2.5. ............. 19 85
THIS CERTIFIES that the building ....a. qc..e.s.s, qv. ~'. ara e.
Location of Property ...5.7~ ......... O.l.d...H.a.r.b. 9.r' .R.d.:... New Suffolk
House No. Street Hamlet
County Tax Map No. 1000 Section ..... .1.1.7....Block 3 .Lot 6
Subdivision ......... .x ........ Filed Map No .... x. ....Lot No ..... .x. .......
conforms substantially to the Application for Building Permit heretofore fried in this office dated
...... J.u. ~ y..2. 6. ........19 .8.5. pursuant to which Building Permit No .... ! .416 0 Z
dated ............ J.q ~ 2/..2.5. ........ 19 .8.5. , 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 .........
A three-car accessory garage.
The certificate is issued to RICHARD MOHRIHG
(owner,
of the aforesaid building.
Suffolk County Department of Health Approval ................. .~ ./.A ......................
UNDERWRITERS CERTIFICATE NO ......................... .N./? ......................
Building Inspector
Rev. 1/81
The N.Y.S, Environmental (~uality I{r:view Act requires sub-
mission of ~Ii~s form, arid an environme~l~! review will be
made by thi~l~loard before any action ~I~aken.
.SHORT ENV~P.O~.~.ENTG~ ASa; ..... E.h FCP:~
(a) ~n order to answer the questions {n this short gAF Is lm assr:mad that the
pre~arer will use c~rrentl7 available Lnfo~atlen concern lng the ~roJec~ and
l~kely ~.p~cts of the ac:ion. It is not expected that addl%lor.al 3tudl~s, re,earth
or c%he~ lnves:lga~lon~ w~l b~ ~dortakun. .-
(b) If any question ha~ been an~wore~ Yes th~ pro]oc~ ~y be ~l~lflcant'and
ccmp!eted gnv~rc~mental A~se~smun[ Fo~ i3 nece~ar/,
(c) If all question= hays been answered No L: ~ ltkoly t~: thts project
.. nc~ =~gnlftcant.
(d) ~vtre~=ental
1. W~I pro~ect reset tn a large phg=ical
to the project site or physically alter more
t~n 10 acre~ of land? , , , , . . . Ye~ .
~111 thar~ b~ a ~Jor chang~ to any ~l~u~ or
~numual lan~ fo~ fo~d on th~ s~te? y~ .
5.
6.
7.
g,
Will proJec: alter or have a large effect on
an existlng body of water? . , , , . ,
WL!I project h~vo a potontially large Lmpacb on
groundwater quality? , , , , , o . ,
Will project significantly 'effect drainage fl~w
on adjacent sites? , . . , , , ,
Will project affect ang threatened or endangered
plant or
Will project result in a major adverse ef£ect on
Will proJec: have a mm Jot effec: on visual char-
know~ to be important to the cor.~nun~ty? , , ,
9. Will project adversely Lm. pact any cite or strict-
ure of hla:oric~ pre-hLstoric~ or palbontologlcui
importance or any site deeiKnatod ae a critical
environmental area by a local agency? , . .
10. Will project have a meier e£foct on existing or
11. Will project result in major %raffle problem~ or
cause a major effect to existing transportation
12, Will proJoct reg~arly cause objectionable odor:,
noi~a, glar~ vibration, or ~l~ctFical dintur~
ante an a res~t of the project's operation? .
Will project have any impact on public health or
Will project Affect
directly cat)~in< a growth In ~t, rmanent pope, s-
period ~ have
15. Is there public controversy ccncernlng th~ prooe:t'.
Yes , /)lo
Yes
Ye~ ..jNo
,,. Yea x/No
·. Yes , .,V~No
. Yea .,~;a
Ye~ No
Yes ~z~No
. Yes No
Yes
(T~day's D,ttd)
To: Southo!d Town Board of Appeals
blain Road
Southold, NY 11971
Re: Appeal Application of ~{,'~
Location of Property: ~ +~k~l',~-~i
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 iQ the within appeal application:
(please ch,~ck cmo box)
[~ May within 300 feet of tidal wetlands;
ho%.~ever, constructed along the water-lyinq edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.·
[5 ] May b~ ·located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed, along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
(
May be located within 300 feet of tiddi wetlands;
and there is no bulkhead or
ccnc .... wall exis~:ng
on the premises.
-[ ] Is not located withi~ 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.]
Sincerely yours,
NOTE: If proposed project falls wi~n D.E.C. jurisdiction,
approval must be received an~ submit~6d to our office before
your application can be scheduled for a public hearing.
N
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0
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N,
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I.
DIVISION Of ENVIRONMENTAL
DEPT, Of HEALTH SERVICES, SUFFOLK
HAUPPAU~E.
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~T'~ .NOTE APPED
REVISION8