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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3653
Application Dated July 20, ]987
TO: Patricia C. Moore, Esq.
Edson & Bruer as Attorneys for
NORTH ROAD ASSOCIATES
Main Road
Southold, NY 11971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on 0ct0ber 28, ]987,
the above appeal was considered, and the action indicated below was taken
on your [×] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of NORTH ROAD ASSOCIATES for a Variance pursuant to
New York Town Law, S~ction 280-a for approval of access over a
private right-of-way extending 170 feet from the north side of Main
Road, Orient, NY, County Tax Map Parcels No. 1000-18-4-1.3 and 2.
WHEREAS, a public hearing was held on August zO, 1987 and further
recessed as requested until September 10, 1987 and October 8, 1987, at
which time the hearing was officially concluded in the Matter of the
Application of NORTH ROAD ASSOCIATES under Appl. No. 3653, and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application~ and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Variance pursuant to the
Provisions of New York Town Law, Section 280-a for approval of
access over a 171.47 ft. long private right-of-way situated
along the north side of the Main Road (or State Route 25).
The extention of this right-of-way further north to the lots
proposed in this pending division of land is not a part of
this application since same is within the purview of the
Planning Board under the Subdivision Regulations and being
within the perimeter of the entire premises. The portion
of the right-of-way under this Board's jurisdiction is out-
side the perimeter of the owner's subdivision.
2. For the record it is noted that there is an application
presently pending before the Town Planning Board for an approval
of four parcels, as a cluster development, for Steven Sanders
and others as well as approval of access. Comments have been
received from the Town Planning Board and considered by this
(CONTINUED ON PAGE TWO!
DATED: October 28, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3653
Matter of NORTH ROAD ASSOCIATES
Decision Rendered October 28, 1987
Board indicating that a road width of 22 feet is proposed
for the section of the subject right-of-way north of this
171+ feet, and that a specific evaluation by the engineer
is not available at this time for the Planning Board's
consideration.
3. The premises to which applicant is requesting approval
of access is presently unimproved and contains a total acreage
of 16.886 acres, identified on the Suffolk County Tax Maps as
District 1000, Section 18, Block 4, Lot 1 (or 1.3).
4. The subject right-of-way and entire premises is more
particularly shown on the survey map amended January 8, 1987
by Roderick VanTuyl, P.C. (#8284-6), and shows the proposed
subdivision into four lots as follow: (a) Lot #1 of 56,000
sq. ft., (b) Lot #2 of 56,000 sq. ft.; (c) Lot #3 of 40,000
sq. ft. and (d) Lot #4 of 10.02 acres. The open-space
area to be reserved is shown to contain not less than 3.377
acres.
5. Submitted for the record are recommendations by
the Board and a recommendation by the applicant's private
contractor concerning improvements within this right-of-way.
6. It is the position of the Board members that the
improvements as noted below are necessary for safe and
sufficient access by emergency and other vehicles under the
requirements of New York Town Law, Section 280-a. It is
also the opinion of the Board that improvements are necessary
to aid in the prevention of water runoff onto neighborhoring
lands and onto the right-of-way.
7. In granting this conditional 280-a approval, the
Board finds: (a) the relief requested is the minimal
necessary and is not substantial in relation to the require-
ments of the law; (b) there will be no substantial change
in the character of this district; (c) the relief as
conditionally granted will not cause a substantial effect
or detriment to adjoining properties; (d) the circumstances
of this appeal are unique and there is no other method feasible
for appellant to pursue other than a variance; (e) in view of
the manner in which the difficulty arose, justice will be
served by allowing the variance, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT approval of access pursuant to New
York Town Law, Section 280-a in the Matter of the Application
of NORTH ROAD ASSOCIATES under Appl. No. 3653, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Concrete curb shall be constructed and maintained for
a minimum length of 186 feet (including 15 feet north of the
first 171 feet) along the west side of right-of-way and tapered
to the east;
2. That a berm be recommended to the Town
for placement along the remaining westerly side
further north,
Planning Board
of right-of-way
3. That the 25-ft. width of the entire 171.47 ft. right-of-way:
Page 3 - Appl. No. 3654
Matter of NORTH ROAD ASSOCIATES
Decision Rendered October 28, 1987
(a) be cut to a depth of 12 inches
bank run with a minimum 20% content of gravel
(12" deep will allow drainage);
backfilled with sandy
to a depth of 8"
(b) Cover bankrun with 4 inches of compressed 3/4" stone
blend;
(c) Blacktop 2" thick on this base. be black-topped the
of 25 feet starting from the State shoulder and the full
length (171.5± feet minimum);
4. That a berm at a height of three or more feet be
placed along the northerly line of the subject parcel (shown
of J. Droskoski identified as 1000-18-4-2) and over lands
of the applicant identified as 1000-18-4-1) along the
southerly side;
5. That a minimum 50' by 100' sump at a depth of between
six and eight feet (or greater if desired) be placed at the
southwest section of proposed Lot #4 with drains and pipe
connected to the right-of-way, and in accordance with Town
specifications; and the construction of one water culvert on sump
perimeter;
6. That a six-ft, high fence be erected around the sump
with a locked access gate for safety purposes;
7. Existing cesspool to be relocated off the right-of-way
and as agreed by the owner of Parcel #1000-18-4-2 (Droskoski)
and the developer/owner of the subject lands, at the expense
of the developer;
8. Sump shall be kept clean of overgrowth, silt and other
similar materials and maintained at all times;
9. All stormwater to be retained on site (outside of the
right-of-way).
10. All trees and bushes within 25-ft. width of right-of-
way to be removed;
ll. Roadway to be cut from edge of State Road property
north at a maximum of 8 degrees to a point behind hedge on
the neighb6ring property~ At this point, reverse cut to create
an area in the development roadway that will collect the water
and guide it into the sump on the east side of the roadway
behind the hedge of Bondarchuk's.
12. No work to be started until a State Road cut approval has
been obtained.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN cr.F. RK
DATE //'//'~/~
Town Clerk, To~;,:n of Scuthold
full wid
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 SOUl, OLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hal!, Main Road,
Southold, New York, on THURSDAY~A~GUST 20, 1-987 at the
following times:
7:35 p.m. Appl. No. 3602 MARGARET McNAMA~A. Variance~
to the Zoning Ordinances Articl~-XI, -Section-lOO~ll9~2(B) for
permission to construct wooden deck attached to e.x~sting
dwelling with an insufficient setback from existing timber
bulkhead and Peconic .Bay. Location of Property: 640 Takaposha
Road (Private Road #15)~ Southold~ NY-; County~ Tax Map Parcel
No. 1000-87-06-10. ~v __
7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR.
Variances to the Zo~.i. ng Ordinance, Article III, Section ~00~31,
Bulk Schedule, for permission to constru~ct additions to
dwelling with an insufficient rearyard setback and insuffi-
cient frontyard setback. Location of Property: Corner of
Gillette Drive and Cleaves-Point Road, East Marion, NY; County
Ta~ Map Parcel No. 1-.000-38~-29.
7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to
the Zoning Ordinance, Article XI, Section. 100-119.2 for
permission to locate proposed dwelling with or without deck
addition within 75 feet of nearest wetlands along the shore-
line of Marion_Lake. Location of Property: West Side of
oriva~e right-of-way known as "Truman's Path," East Marion,
-NY; County TaxMap-Parcel No~ 1000-31-12-16.
7:50 p.m. Appl. No. 3644 - JOSE~P.H REINHART, FRED WIGHTMAN,
and DAVZD FREY. Recessed hearing from July. 16, 198-7 to be
reconvened.
8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL.
Variance to the Zoning Ordinance, ~rticle I.II, Section lO0-31
and Article XI, Section 100-1.19.2~ to construct additions to dwelling with reduc-
tions in the sideyaPd,-and to construct addition landward
of existin9 dwelling s~ructure 70± feet from the nearest
wetland edge or highwater mark along Eugene Creek. Location
of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue,
NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No.
1000-137-04-006.
Page 2 - Notice of Hearings
Regular Meeting August 20, 1987
Southold Town Board of Appeals
8:05 p.m. Appl. No. 3648 FERUCIO FRANKCLA. Variance
to the Zoning Ordinance, Article XI, Section 100-1t9.2 for
permission to construct swimmingpool, deck and fence enclosure
within 75 feet of wetland area e~ong West Creek. Location of
Property: 1900 Glenn Road~ Southold, NY; West Creek Estates
Lot No. 19; County Tax Map Parcel No. 1000-78-02-26.
8:10 p.m. Appl. No. 3655 ELLEN HOPE DeMARIA. Variance
from Condition No. 1-rendered Jgly '8~ 1-965 under Appeal No. 785,
and Article III, Section lO0-32,-for-approval of the construc-
tion of accessory storage shed in front-yard area as shown on
survey prepared by Roderick VanTuyl, P.C. April 9, 1984.
Location of Property: West Side .of Private Road (~e~ View'
Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3.
8:15 p~m. Ap.pl. No. 3656 NICHOLAS IPPOLITO. Variances
to the Zoni-ng Ordinance, Article III~ Section--lO0~31~ and
Article XI, Section 100-119.2~ for permission to construct
garage addition to dwell-lng with an insufficient southerly
-sideyard setback~ insufficient total sideyards, insuffici-ent
setback from bulkhead along Arshamomaque Pond, and excessive
lot coverage. 'Location-of Property: 230 Carole Road, Southold~
-NY~ County Ta~ Map Parcel No. 10D@~052-02-00~.
8:30 p.m. Appl. ~o. 3653 - NORTH ROAD ASSOCIATES.
Variance pursuant t-o-New York Town Law, Secti~on-2-80-a~ for
approval of access over p'rivate right-of-way extending 170
feet from the north side of Main Road-, Orient, NY~ Count_~
~_Tax Map Parcels No. 1000-1B-4-1.3 and 2. -
8:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. Hearing
recessed from July ~6, 1987.
8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and
BENJAMIN HERZWEIG,?~ ~ ESQ. Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 for ~ermission to establish
"building envelope" with setbacks of not less than 38 feet
fro~ nearest wetqan~ along existing two-foot con~our and
not less than 30 feet from the front property line (as
approved under Appl. No. 3412 June 30, 1987). Location
of Property: 675 Meadow Lane, Mattituck, NY; Mattituck
Estates Lot No. 42; County Tax Map Parcel No. 1000~115-5-7.
The Boar~ of Appeals will near at said time and place
all persons or representatives desiring to be heard in.each
of the above matters. Each hearing wi)l not start before
Page 3 - Notice of Hearings
Regular Meeting August 20, 1987
Southold Town Board of Appeals
the time allotted. Written comments may be submitted prior
to the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: J~ly 27, t987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD 'P. GOEHRINGER, CHAIRMAN
Linda Kowa]ski, Board Secretary
Notice to Newspapers:' Please publish once, to wit:
and forward two.affidavit, s of~ublication to:
Board of Appeals._Main Road, Southold, NY 11971.
Au§us~ 6th
NOTICE OF HEARINGS
NOTICE IS HEREBY
Town Law and the Code
hearings will be held
at a Regular Meeting at'the
Southold, New York, on THURSDAY,
following times:
GIVEN, pursuant to Section 267 of the
of the Town of Southold~ the following
by the SOUTHOLD TOWN BOARD OF APPEALS
Southold Town Hall, Main Road~
SEPTEMBER lB, 1987 at the
7:35 p~m~ Appl. No. 3651 DEAN KAMEN. Variances to
the Zoning Ordinances Articles:- (a) III, Section 100-32 as
to excessive height, (b) XI, Section tO0-11g.2 as to
insufficient setback from ordinary ~ighwater mark of Long
Island Sound, of a proposed wind-turbine-generat~ing tower
to be constructed landward or near existing granite mosolithic
structure. LocationT~f Property: North Dumpling Island~ NY;
County Tax Map Parcel No. 1000-130-01-004.
7:40 p.m. Appl. No. 3662 z THOMAS AND FRANCES SMITH~
Variances to the Zoning Ordinance~ Articles: (a) tlI~ Sec-
tion 100-31~ Bulk Schedule~ ~s to an insufficient sideyard
setback of garage, when attached to principal dwelling
structure with raised open-deck construction, (b) ~I, Section
100-119.~ for an insufficient setback from existing seawall
landward of wetland area for proposed deck addition,
III, Section i0B-32~ for approval of garage as an accessory
structure in the s~deyard area as an alternative to attaching
same to dwelling ~.ru~tu, e
waters Drive~ Cutchogue, NY;
1000-I04-05-19.
Location of Property: 200 Hay-
County Tax Map Parcel No~
7:45 p.m. Appl. No. 3622 - CHRISTIAN B. SALMINEN. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct deck addition to dwelling and accessory
stairs, both with an insufficient setback from edge of Marion
Lake, or landward edge of freshwater wetland, whichever is
closer. Location of Property: 240 Lakeview Terrace, East
Marion, NY; County Tax Map Parcel No. I000-31-9-i5.
7:50 p.m. Appl. No~ 3658 - PAUL AN.D CORRINE-FERDENZt.
Variance to the Zoning Ordinance, Article Iii, Section 100-32
for permission to locate accessory building in frontyard area.
Location of Property: 470 Haywaters Drive, Cutchogue, NY;
County Tax Map Parcel No. 1000-104-5-21.
Page 2 Legal Notice of Hearings
Regula~ Meeting - September 10, 1987
Southotd Town Board of Appeals
7:55 p~m. Appl. No~ 3665 LEHESK BUILDING CORP~ Variance
to the Zoning Ordinance~ Article III, Section lO0-31, Bulk
Schedule~ for approval of construction of open deck with an
insufficient rearyard setback at 360 Sebastian's Cove Roads
Sebastion Cove Lot No. 5, Mattituck~ NY; County Tax Map
Parcel No. 1000~100-03-11~8.
8:05 p.m. Appl. No~ 3593 - QUIET MAN INN (Reconvened
from May 21, 1987)~ Variance to the Zoning Ordinance, Article
VII, Section 100~71~ 'Bulk Schedule, for permission to construct
addition in this-'~B-I~ General Business Zoning District with
an insufficient frontyard setback f~om the westerly property
line along Hobart Avenue~ Location of Property; Corner of
Main Road and Hobart Avenue, Southol~ NY; County Tax Map
Parcel no. 1000-62-3~.7.
8:10 p.m. Appl. No. 3659 ~ QUIET MAN INN. Variance to
the Zoning Ordinance, Article XI~ Section 100-112 (and
Article III, Section-lO0~31~ for approval of insufficient
number of parking spaces'of this preexisting business use.
Location of Property: Corner of Main Road and Hobart Avenue,
Southold~ NY~ County Tax Map Parcel No~ I000-52.-3-~.
8:20 p.m~ Appl. No. 3628 - GEORGE AND JANE KAYTIS.
Variances to the Zoning Ordinan~e~ Article iZI= Section
100-31, Bulk Schedu}e, for approval of insufficient area
of two proposed parcels; Lot #1 of 40,000 sq. ft. and
Lot #2 of 1.~43 acres~ and insufficient frontage of Lot #2
along Robinson Road~ Southold, NY; County Tax Map Parcel
No. 1000-81-03-15.4 (or 12)~
8:35 p.m. Appl. No. 3654 :'WILLIAM MOORE~ ESQ. and
BENJAMIN HERZWEIG, :ESQ. Variance t.o the Zoning. Ordinance,
Article XI, Section 100-119o2 for permission to establish
"building envelope~ with setbacks of not less than 38 feet
from nearest wet}ands along existing two-foot contour' and
not less than 30-feet from-the front property line (as
approved under Appl. No. 3412, June 30~ 1987)~ Location
of Property: 675 Meadow Lane, Mattituck, NY; Maltituck
Estates Lot No. 42; 10~0~t!5-5-7. (Reconvened from 8/20/8~).
Page 3 Legal Notice of Hearings
Regular Meeting - September IO, 1987
Southold Town Board of Appeals
8:55 p.m. Applo No. 3653 - ~ORT~H,ROA____D ASS__O~C!ATE~S.al<
econvened from August 20, 1987)~ Variance for ~pprov
access at Orient.
The Board of Appeals wilt 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
informations please call 765-1809,
Dated: August 20~ 1987.
BY ORDER OF THE SOUTHOLD TOWN
B~ARD OF APPEALS
GERARD P~ GOEHRINGER~ CHAIRMAN
Linda Kowalski~ Board Secretary
Notice to Newspapers: Please p~blish once~ tO wit:
1987 and forwaFd one affidavit of publication to:
Appeals~ Main Road, SouthOld, 'NY ]i971.
se~t~ 3~d,
Boar~ of
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVER, 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,
Southole, New York, on THURSDAY, OCTOBER 8, 1987 at the
following ~mes.
7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Rece'ssed from
9/10/,87).
7:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. (Recessed
from 8/20/87)
7:45 o.m. Appl. No. 3668 GERARD C. KEEGAN. Variance
to the Zoning Ordinance, Article XI~ Section lO0-119.1'(C) for
appr6val of construction of fence in the easterly frontyard
area at a height of slx feet. Location of Property: ~6st'Side
of Founders Path and East Side of Hobart Road, Southold, NY;
County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39.
7!50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the
Zoning Ordinance, Article II~ Section 100~31 for approval of
insufficient lot area, width and depth of two proposed parcels
fronting along the westerly side of Cedar Lane, Southold, NY;
County Tax Map Parcel No. 1000-78-7-45.1, containing a total
area of .694 of an acre.
7:55 p.m. Appl. No. 3663 - MARIO CASTELLI. Variance to
the Zoning Ordinance, Article III, Section 100-30 for approval
of sign as exists of excessive size in this ~'A-40" Residential
and Agricultural Zoning District and advertising "Landscaping
& Sprinklers by Forever Green~" Location of Property: South
Side of North Road (C.R. 48), Peconic, NY; County Tax Map
Parcel No. 1000-69-4-1.3
8:10 p.m. Appl. No. 3653 - NORTH ROAD
from 9/10./87).
ASSOCIATES.
(Recessed ~
8:15 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN.
(Both hearings recess6d-from 9/10/87)
8:25 p.m. Appl. No. 366~ - ANA G. ST~L[O. Variance to rescind
prior decision rendered under Appeal No. 3562 on December 11, 1986
for a conditional approval under New York Town Law, Section 280-a,
and deleting Condition No. 2 of prior decision rendere~ under
Appeal No. 3619 on April 2, 1987, and as an alternative being
subject to New York Town Law, Section 280-a over the existing
Page 2- Notice of Hearings
Southold Town Board of Appeals
October 8, 1987 Regular Meeting
right-of-way approximately I00 ft. to the east of the subject
right-of-way (approved or to be approved and accepted by the
~lanning Board for this set-off divisio~ of land), located
along the north s~de of Main Road, OrienT, NY; County Tax Map
District 1000, Section 14, Block 2, Lot 26 and Lot 12.2.
8:35 p.m. Appl. No. 3670 ROBERT H. FREY. Variance to
the Zoning Ordinance, Article XI, Section 100-119.2 for per-
mission to locate open deck construction with an ~nsuffici~nt
setback from existing bulkhead at Harbor Lights Estates,
Section I, Lot 10· Southold, NY; County Tax Map Parcel No.
1000-7§-04-08.
8:45 p.m. Appl. No. 3669 MICHAEL AND ELIZABETH LADEMANN.
Variances to the Zoning Ordinance, Article III, Section 100-31
and Article X~, Section 100-119.2 for permission to locate
new dwelling with insufficient setbacks from the northerly
front property line along a private a right-of-way and
from the nearest wetland grasses, premises known and referred
~o as Lot No. 1, Map of Blum and Littell, ~ocated along the
East Side of Stillwater Avenue, Cutchogue, NY$ County Tax Map
Parcel No. 1000-103-1-19.6.
The Board of Appeals will hear at said time and.~lace
all persons or representatives desiring to be heard tn each
of the above matters. Each hearing will not start before
the time allotted. Written comments may be submitted ~rior
to the conclusion of the subject hearing. For more informa-
tion, please call 765-1809.
Dated: September 28, 1987.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER· CHAIRMAN
Linda Kowalski· Board Secretary
Notice to Newspapers: Please publish once, to wit: October
1987, and forward six affidavits of publication on or before
October 6th to: Board of Appeals· Main Road, Southold, NY
11971. Thank you.
TOWN OF $OUTHOLD, NEW YORK
~jR~J~ATDECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y.
APPEAL
DATE ..... .7./....,[.8..7. ...........
NORTH ROAD ASSOCIATES , c/o Edson & .,B,r.u. er, ?~ain ..R. oadZ
(We) ............................................ m ...................................................................
Name of Appella,r~t Street and Number
Southold N.Y.
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PER/AlT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Nome of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
280A
1. LOCATION OF THE PROPERTY ~.~.o..¥....s...q.¥.~$.Y..J=..s.,.io~...~.~....O.{.J:..e,~.A ....... ~]A:'.i.~.e..~.:/.~.rz-
Street Use District on Zoning Map
....SCTM?10..0. gi..01..8..~..0..4.r..$.:.3. ............................... Current 0wner North Road Associates
Mop No. Lot No
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.)
3, TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(×) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~) (has not)~een mode with respect to this decision
of the Building inspector or with respect to this property. *withdrawn without prejudice
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
X)
)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
ms requested for the reasOn that
Proposed minor subdivision requires access by way of right of way
25 feet in width and approx. 170 feet in length.
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJdifficultiesorunneces-
sery HARDSHiP because
Property owned by North Road Associates would be landlocked if not
serviced by 170 foot right of way. Right of way is outside boundaries
of proposed subdivision, therefore requires 280A approval.
2. The hardshpcreotedis UNIQUEand isnotshared ay al[ properties alike in the immediate
vicinity ofthis property and in this use district bec.ause
The proposed subdivision is unique in that it reserves 3.377 acres of
open space. In addition, Lot ~4 is i0.02 acres and is located south
of the smaller lots~ creating a natural buffer 5o the lots along the
Main Road. In light of the design of the subdivision and the unique
location of the property in question~ the access mandates 280A
approval.
3. The Voriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The right of way wilt be for residential and possible agricultural
use~ which will be in conformity with the residential/agricultural
zoning district and does not represent any change to the character of
the district.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
SS
Sworn to this ..............................................day of ............................. .J.~..1.~f .................. 19 87
TOWN
OF SOUTHC~LD *PROPERTY
OWNER
FORMER OWNER
STREET
E
TYPE OF BUILDING
LAND
SFAS.
Tillable
Woodland
IMP.
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre
Meodowland
House Plot
Total ~
Value Per
Acre
COMM. CB. MICS. Mkt. Value
REMARKS
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
TRANSCRIPT~OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
R-EGULAR'MEETING OF '
THURSDAY, OCTOBER 8, 1987
Appl.'No,, 3653
App.licant(s): NORTH ROAD ASSOCIATES
Location of Property: N/s Main Road
County Tax_ Map ID No. 1000- ~
Board' Members'present were: Chairman Goehringer
Members: Grigonis, Douglass, Doyen and Sawicki.
P. Goehringer,
Absent was: (None) Also present were: Victor Lessard (Building Dept.)
Linda Kowalski, Z.B.A. Secretary, and approximately persons in the
audience.
The Chairman opened the hearing at 8:30 Q'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: We'~ll as~ Mrs. Moore of she'd like to speak.
MRS. MOORE: Thank you. If we could go over the recommendations
that Mr. Douglass was able to provide for us. And we thank Mr.
Douglass for taking the time during a busy day. I had an oppor-
tunity to speak to the client about these recommendations and I
believe we can comply with most of them and we do have some kind
of a course. The first one being that the cesspool existing un-
der the right-of-way, of course, we will do what ever we have to
to make sure that Mr. Droskoski (I believe his name is) that his
cesspool is moved. So my client is going to undertake that cost
of moving that cesspool. .The second comment is a 25 foot width
of the road to be constructed. We would request that the road
not be 25 foot wide. We are only servicing four lots. Probably
a 15 foot road would be sufficient in this case, a maximum 20
feet. But the larger the road, the-more of a thruway it appears.
This is going to be a dead end going towards the north and we
would request that it remain of residential character rather
than as a town type of road. Number three; all bushes and trees,
hedges, roadway from Route 25 to be removed. Of course we will.
We have to sta~ within the perimeters of the right-of-way and
the Planning Board's area, designated road. So we will be
clearing that area. That is no problem. No roadwork started
until the state road cut is approved. We are proceeding with
that and I believe we have to under state law or county_law,
receive that approval. Number five; we have no objection to
that. As far as.a sump, I'm not sure the difference between
having a sump, maybe you could provide me some expertise there,
versus a drainage basin. Wo~ld drainage basins provide a simi-
liar water?
Page 2 - October 8
Public Hearing -
Southold Z.B.A.
)87
Road Associates
MR. DOUGLASS: They won't handle the ~ater and they close up in
a matter of one storm. The top soil that moves down, will close
them up. You have a perfect example of it, one house and then
the state sump just past it.
MRS. MOORE: Alright. I'll have to explain that to the client.
Thank you. The berm constructed along the west side to keep the
water from draining onto Route 25, I don't believe that will cre-
ate a problem as long as the berm is unduely large. We don't have
that much room. And obviously, the wider the road, the less area
we have for a berm on that side. So it would seem kind of a con-
tour so that the runoff would not go into the adjacent property.
Number seven; that's fine. That was reasonable. That was the
recommendation that we had received. Number eight; four inches
of compressed three quarter stone blend. We have no objection to
that. Number nine; the blacktop from the entrance of Route 25 to
the sump, we would prefer to have blacktop at the entrance and
somehow or another enough so that it would be blue stone blend and
would not run off into Route 25. That's important to our client
as well. A hundred and seventy feet of blacktopping is .... I be-
lieve that, I may be mistaken, but the bushes that you described
where the sump would go, is about 170 feet north of the ....
MR. DOUGLASS: It's right behind the hedge.
MRS. MOORE: Maybe I'm mistaken which hedge you're talking about.
But I thought, from the survey, it looked like the furthest hedge
behind the property.
MR. DOUGLASS: It's right behind Brenda Chuck's house.
MRS. MOORE: That's about 170 feet I believe.
MR. DOUGLASS: No, it's not quite that.
MRS. MOORE: We would request the minimum block copy if possible.
And then the curb cut, we will comply with the state highway en-
gineers. So that will be subject to whatever they imposed and
that's still up for review. The sump to be safely fenced, if the
sump is shallow, it may not need the fencing that you suggest.
But again, that all depends on the size of the sump.
MR..DOUGLASS: You have to go to a certain drainage.
MRS. MOORE: Are you talking four feet or two feet?
MR. DOUGLASS: About eight feet, as deep as eight feet back there.
MRS. MOORE: Again, that fencing, we would request that it not be
fenced unless absolutely necessary. And the clients would obvious-
ly, not want liability problems. So if they thought the require-
ments of the sump would be, if needed, would be deep. Then, ob-
viously, it would be fenced for their own protection and properly
maintained. That's no problem. So outside of the few commentaries,
we thank you for the input.
Page 3 - October 8
Public Hearing -
Southold Z.B.A.
~87
Road Associates
CHAIRMAN GOEHRINGER: My only question, Bob, are you going to be
able to .... Are we actually drawing the specs for a sump or are
we going to .... You are going to draw the specs for the sump.
MR. DOUGLASS: Yes. You can see also, Gerry, the other place
they've used them they've ended up taking out, cancelling out
the pools and going to sumps as down in Orient by the Sea. It's
all sumps there now because the other seal right up.
MRS. MOORE: So in lieu of the drainage basins, there would be
one sump. As long as the Planning Board is consistent with the
Zoning Board's recommendation, I believe there would be no prob-
lem.
CHAIRMAN GOEHRINGER: Ok. We thank you. Alright. Is there any-
body else who would like to speak in favor or against this appli-
cation, North Road Associates? Hearing no further comment, I'll
make a motion closing the hearing pending (what I would refer to)
an engineer's report from Mr. Douglass on the type of sump he's
referring to at this point. And we will, of course, furnish you
with a copy of that.
Ail in favor - AYE.
Southold Town Board of Appeals
MAIN RDAD-.STATE RI-lAD 25 SKIUTHO/D, 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. SAWlCKI
November 13, 1987
Patricia C. Moore,
~dson & Bruer
Main Road
Southold, NY 11971
Esq.
Re: Appl. No. 3653 - North Road Associates
Dear Pat:
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.
If this project involves an application with the Planning
Board, please be sure to return to their office for further
processing. A copy of this determination is simultaneously
being furnished to their office.
In any event, please be sure to return to the Building
Department for issuance of any permits or other approvals in
writing as may be applicable.
Please
or that of
questions.
do not hesitate to call either our office (765-1809)
the Building Inspector (765-1802) if you have any
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Planning Board
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
NOTICE OE HEARING~ if
NOTICE IS HEREBy ~-'
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
BOARD OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
S0uthold, NY on THURSDAY,
SEPTEMBER 10~ 1987 at the
following times:
7:35 p,m. AppL No. 3651;
DEAN KAMEN. Variances'to
the Zoning Ordinance, Articles:
(a) Ill, Section 100-32 as to'ex-
cessive height,(b) XI, Section
100-119.2 as to insufficient set-
back from ordinary highwate~/
mark of Long Island Sound, 0¥
& proposed ~;~iad-turbine-
generating tower to be con-
structed landward or near ex-
isting granite m6nollthic struc-
ture. Locat~od of Property:
North Dumpling Island, NY;
County Tax Map Parcel No.
1000-130-01-004.
7:40 p.m. Appl. No. 3662-
THOMAS AND FRANCES
7:~.m. Appl. No. 3665-
LE~ BUILDING CORP.
to the Zoning Or)-)"'
Variance
dinance, Article 'Ill, Sectidn iOLK
100-31, Bulk Schedule, for RK
approval of construction of
open deck with an insufficient
rearyard setback'at 360 Sebas-
tian's Cove Road, Sebastion
Cove Lot No. 5, Mattituck, NY,
County Tax Map Parcel No.
1000-100-03-11.8.
8:05 P.m. Appl. No. 3593-
QUIET MAN INN (Reconvert-
ed from May 21, 1987). Valfiance
to the Zoning Ordinance, Arti-
cle VII, Section 100-71, Bulk
Schedule, for permission tO con-
struct addition in this "B-I"
Oenerai
]Business Zomng
District with an insufficient
frontyard setback from the,
westerly property line alon,g~°'
Hobart Avenue. Location o~/
Property: Corner of Main Road
and Hobart Avenue, Southold,
NY; County Tax Map Parcel No.
1000-62-3-7.
8:10 p.m. Appl. No. 3659-
QUIET MAN INN. Variance to
the Zoning Ordinance, Article
Xl, Section 100-112 (and Arti-
SMITH· Variances to th~: ZOn- cie 111, Section 100-31) for ap-
Section 100-31, Bulk Scheduie, ,~Parking spaces of this pre-
a~ tn an inenffi,-b=nt Sid,~,~rd set ?~:?existing business use. Location
back of garage, when attach~- ~Of Property: Corner of Mare
to principal dwelling structur~e "~Road and Hobart Avenue,
with raised open-deck construe- $~uthold, NY; County Tax Map
tion, (b) XI, Section 100-119.2 ... Parce[ No. 1000-62-3-7.
for an insufficient setback from./ 8:20 p.m. Appl. No. 3628-
existing seawall landward of
wetland area for proposed deck
addition, (c) 111, Section 100-32,
for approval of garage as an ac-
cessory structure in the sideyard
area as an alternative to at-
taching same to dwelling struc-
ture. Location of Property: 200
Haywaters Drive, Cutchogue,
NY; County Tax Map Parcel No.
1000-104-05-19.
7:45 p.m. Appl. No. 3622~
CHRISTIAN B. SALMINEN.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.2 for permission to con-
struct deck addition to dwelling
and accessory stairs, both with
an insufficient setback from
edge of Marion Lake, or land:/
ward edge of freshwater
wetland, whichever is closer.
Location of Property: ~40
Lakeview Terrace, East Marion,
NY; County Tax Map Parcel No.
1000-31-9-15.
7:50 p.m. Appl. No. 3658-
PAUL AND CORRINE
FERDENZI.
GEORGE AND JANE
KAYTIS. Variances to the Zon-/
lng Ordinance, Article Ill, Sec-
tion 100-31, Bulk Schedule, for
approval of insufficient area of
two proposed parcels, Lot No.
I of 40,000 sq. ft. and Lot No.
2 of 1.443 acres, and insufBcient
frontage of Lot No. 2 along
Robinson Road, Southold, NY;
County Tax Map Parcel No.
1000-81-03-15.4 (or 12).
8:35 p.m. AppL No. 3654-
WILLIAM MOORE, ESQ.
AND BENJAMIN HERZ-
WEIG~ ESQ. Variance to the
Zoning Ordinance,Article XI,
Section 100-119.2 for permission
to establish "building envelope"
with setbacks of not less than 38
feet from nearest wetlands
along existing two-foot contour
and not less than 30 feet from
the front property line (as
proved under Appl. No. 3412,
June 30, 1987). Location of
Property: 675 Meadow Lane,
Mattituck, NY; Mattituck Es-
tates Lot NO. 42; 1000-115-5-7.
Variance to the Zoning Or- {Reconvened from 8/20/87).
dinance, Article Ill, Section ~;~8:55 p.m. Appl. No. 3653-
100-32 for permission to locate [ NORTH ROAD ASSOCIATEs./
accessory building in frontyard '~ (Reeonvened from August
area. Location of Property: 470 ~r 1987). Variance for approval of
Haywaters Drive, Cutchogue, I~,_access at Orient.
NY: County Tax Map Parcel No.
SS:
~eing duly sworn, says that she is the
XtG ISLA-ND TRAVELER-WATCHMAN,
' printed at Southold, in Suffolk County;
of which the annexed is a printed copy,
in said Long Island Traveler-Watchman
/ weeks
ncing on the ......................
.,
.
3-'-c J
me this ..................... day of
Notary Public
]BARBARA ~ORBES
I~otary Public, State of New York
No. 48068,:6
Qualified in Suffolk County .
Commission Exp res /-'G-7 J/ 19 cP"f>
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 allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: August 20, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski, ·
Board Secretary ·
1T-9/3/87(31)x
-egals
NOTICE OF HEARINGS
NOTICE IS HEREBY
;IVEN, pursuan,t to Section 267
,f the Town Law and the Cede of
he Town df Southold, the follow-
Aearings will be held by the
THOLD TOWN BOARD
PPEALS at a Regular
~leeting at the Southold Town
faB, Main Road, Seuthold, New
~o~k, on THURSDAY, SEP-
fEMBER 10, 1987 at the fol-
owing times:
7:35 p.m. Appl. Nd. 3651 -
)EAN KAMEN. Variances to
he Zoning Ordinance, Articles:
a~ III, Section 100-32 as to ex-
essive height, Ib~ XI, Section
00-119.2 as to insufficient set-
~ack from ordinary highwater
hark of Loug Island Sound, ora
~roposed wind-t urbine-generat-
ng tower to .be constructod land-
Yard or near existing granite
nonolithic structure. Location of
'roperty: North Dumpling Is-
and, NY; County Tax Map Par--
~o. 1000-130-01-0041
~0 p.m. App]. No. 3662 -
;M'~iqMAS AND FRANCE, S'
'MITH. Variances to the Zon-
~g Ordinance, Articles: la) III,
~ction 100-31, Bulk Schedule,
s to an insufficient sideyard
ethack of garage, when at-
.lched to principal dwelling
tructure with raised open-deck
onstruction, lb) XI, Section 100-
19.2 for an insufficient setback
rom existing seawall landward
f Wetland area for proposed
!eck addition, lc) III, Section
00-32, for approval of garage as
,n accessory structure in the
ideyard area as an alternative
o attaching same to dwelling
tructure. Location of Property:
!00 Haywaters Drive, Cutch-
ogue, NY; CoUnty Tax Map Far-
cel No. 1000-104-05-19. /
7:45 p.m. Appl. No. 3622 -
CHRISTIAN B. SALMINEN.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.2 for permission to construct
deck addition to dwelling and ac-
cessory stairs, both with an in-
sufficient setback from edge of
Marion Lake, or landward edge
of freshwater wetland,
whichever is closer. Location of
Property: 240 Lakeview Terrace,
East Marion, NY; County Tax
Map Parcel No. 1000-31-9-15.
7:50 p.m. Appl. No. 3658 -
PAUL AND CORRINE FER-
DENZI. Variance to the Zoning
Ordinance, Article III, Section
QUIET MAN INN. Variance to
the Zoning Ordinance, Article
XI, Section 100-112 Iand Article
III, Section 100-31) for approval
of insufficient number of park-
ing spaces of this preexisting
business use. Location of Prop-
erty: Corner of Main Road and
Hobart Avenue, SouthoId, NY;
County Tax Map Parcel No.
1000-62-3-7.
8:20 p.m. Appl. No. 3628 -
GEORGE AND JANE
KAYTIS. Variances to the Zon-
ing Ordinance, Article III, Sec-
tion 100-31, Bulk Schedule, for
approval of insufficient area of
two proposed parcels, Lot #1 of
40,000 sq. ~t. and Lot #2 of 1.443
acres, and insufficient frontage
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more, information, please call
765-1809.
Dated: August 20, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda KowaIski,
Board Secretary
1TS3-5700 ! i · 7,
100-32 for permission to locate
accessory building in frontyard
area. Location of Property: 470
Haywatars Drive, Cutchogue,
Ny; County Tax Map Parcel No.
1000-104-5.21.
7:55 p.m. Appl. No 3665 -
LEHESK BUILDING CORP.
Variance to the Zoning Ordi-
nance, Article III, Section 100-
of Lot #2 along Robinson Road,
Seuthold, NY; County Tax Map
Parcel No. 1000-81-03-15.4 (or
12L
8:~5 p.m. Appl. No. 3654 -
WILLIAM MOORE, ESQ. and
BENJAMIN HERZWEIG,
ESQ. Variance to the Zoning
Ordinance, Article X! Section
100-119.2 for permission to es-/
:31, Bulk Schedule, for approval .~ tablish "building envelope" with
of construction of0~en deck wit~ ~ setbacks of not less than 36 feet
an insufficient rearward setback ~ from nearest wetlands along
at 360 Sebastian's Cove Road, bxisting two-foot contour and
Sebastian Cove Lot No. 5, Mat- not less than 30 feet from the
tituck, NY; County Tax Ma~ 't'~'front Prbperty line gas approved
Parcel No. 1000-100-03-11.8. under App/. No. 3412, June 30,
8:05 p.m. Appl. No. 3593 - / 1987L Location &Property: 675
QUIET MAN INN IReconvened
from May 21, 1987L Variance to
the Zoning Ordinance, Article
VII, Section 100-71~ Bulk
Schedule, for permission to con-
struct addition in this "B-I'
General Business Zoning Dis-
trict with an insufficient fron-
tyard setback from the westerly
property line alosg Hobart Ay-
enue. Location of Property:
Corner of Main Road and Hobart
Avenue, Southold, NY; ~ounty
Tax Map Parcel No. 1000-62-3-7.
8:10 p.m. Appl. No~ 3659 i-~
Meadow L~ne, Mattituck, NY;
MattitucJ~ Estates Lot No. 42;
1000-115-5-7. IReconvened from
O8:55 P.m. ~ppl. No. 3653
ORTH ROAD AS-~
CIATES. (Reconvened from~
ugudt 20, 19871. Variance for
pproval of access at Orient.
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-
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
~,,~ vol ~n~ ~_wl a~ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published st Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy,, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the
dayof September 19~
Sworn to bef~e me tb's ~
da of 1~ MARY K. DEGNAN
. Y~ -~ NOTARY PUBLIC, Slate of NewYork
P
LD
S ~
Southold, N.Y. 1197!
(516) 765-1938
M E M O R ANDUM
TO:
FROM:
DATE:
RE:
Gerry Goehringer, Chairman, Zoning Board of Appeals
Southold Town Planning Boar~~
October 7, 1987
North Road Associates
With regard to your request for road related information on
the above mentioned proposal, the Planning Board offers the
following:
We have no record in the file with regard to the
receipt of a curb cut permit from the NY State
Department of Transportation. This must be obtained
by the applicant prior to any construction on the access
road.
The Planning Board will be requiring a road width of
22' for this proposal.
The Board is unable to provide any specific specifications
with regard to construction since the applicant has
not responded to our request (September 28) for additional
information as per the engineering consultant.
We hope the above information is helpful to you.
September 2, 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Dear Board Members:
Pursuant to your request, Robert Schroeder was asked to look at
and recommend road improvements for a Right of Way on the above
referenced parcels.
Mr. Schroeder has recommended that the road be undercut one foot
then filled six inches with a sand, gravel and loam mix. Then a
three to four inch blue stone blend be placed on the road. The
road should be fifteen feet wide with no more than four drainage
basins along the entire Right of Way (one at entrance,' two at
center point of road and a fourth at the end). Two drainage basins
should be located along the 170 foot Right of Way.
The Planning Board has requested Sidney Bown and Son to make
recommendations on the road improvements. Diane Schultze has advised
me that the report on the road improvements should be to the
Planning Board by Monday, September 7, 1987.
Vet!;-- Truly Yours,
~-~atricia"C. Moore, Esq.
PCM/sg
Southold Town Board of Appeals
MAIN ROAD- ~TATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765q809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
INTER-DEPARTMENTAL MEMORANDUM
TO: Planning Board
FROM: Board of Appeals
Gerard P. Goehringer,
DATE: September 15, 1987
SUBJECT: Planning Board Records
Chairman/~
and Report
As you know, we continue to have applications pending concern-
ing projects which will involve actions by the Planning Board
under the Subdivision Regulations (Ch. 106) and Ch. 100,
Articles XI and XIII of the Zoning Regulations (as to site,
parking and cluster applications).
Transmitted herewith are copies of surveys and County Tax Maps
for the premises involved, and we request that you confirm the
Planning Board's records in the following areas of concern:
1. prior or pending divisions of land by the Planning Board;
2. prior or pending site-plan actions, conditions, etc. by the
Planning Board;
3. effects, if any, of the proposed project on Planninq Board
actions taken previously (paragraph #1 and #2 above~;
4. prior recommendations concerning change-of-zone applications
or other actions (by the Town Board) concerning this property.
In the interim, we are conducting thorough investigations and
will require additional documentation and proof by the applicant
concerning nonconformities, etc. which may be questionable.
Page 2 - Planning Board
Inter-Departmental Memorandum
September 15, 1987
Re: Planning Board Records Input
At our Regular Meeting held last Thursday, it was the unanimous
agreement of the Board Members to urge the Planning Board to
reflect in its report for our file only those areas normally
within the jurisdiction of the Planning Board. The Board
indicated that they would not want the Town record to reflect
two different positions on a zoning matter in the event an
Article 78 is commenced, particularly if the positions taken
are assumptions, unclear, or perhaps at some time improper, or
without sufficient evidence. Our records must be inclusive
and supported by substantial evidence, and we do not encourage
recommendations by any other agencies which are under our
authority, particularly a claim that one's application may
have been prejudiced by attempts to influence or pre-judge
an application. Our authority is of a quasi-judicial status
separate and distinct from the other Town Departments.
Your response as requested above will be accepted most
appreciatively.
Thank you for your assistance.
GG:lk
Copies of County Tax Maps and surveys for the following projects
are attached:
1. Theodose Trataros and Eraklis Apodiacos (as to subdivision regul.)
2. Ana G. Stillo (280-a condition relief request)
3. George Schade (as to subdivision regul.)
y/~4. North Road Associates (as to 280-a outside subdivision and
its effects on subdivision's 280a inside subdivision).
[Z.B.A. r-o-w limited to length of 171.4± feet].
9/10/87
REPORT/RECOMMENDATIONS
As Requested by Member Douglass:
RE: NORTH ROAD ASSOCIATES, Appl. No. 3653 for 280-a approval.
Premises now or formerly of Droskoski Farm
1. Cesspool existing under right-of-way be re}ocated as agreed
by Droskoskis and at developer's responsibilities (and expense).
2. Full 25-ft. width of road to be constructed (heavy water
run-off from hilly areas ).
3. All bushes, trees and hedges in roadway from Route 25 to
be removed.
4. No work started until a State Road cut approval has been
obtained from developer.
5. Roadway should be cut from the edge of State Road property
north at a maximum of 8 degrees to a point behind hedge on
Bondarchuk's property. At this point, should have a reverse
cut to create an area in the development roadway that will
collect the water and guide it into a sump to be constructed
on the east side of the road behind the hedge of Bondarchuk's.
(Drain would not appear sufficient to handle the water
runoff.)
Road shall have a berm constructed along the west side to
keep water from draining over into ditch of adjoining property,
or onto Route 25. (Road is impassable as exists during or
after rain storms of moderate amounts.)
Road shall be cut to a depth of 12 inches backfilled with sandy
bank run with a minimum 20% content of gravel to a depth of 8".
(12" deep will allow drainage).
8. Bank run shall be covered with 4 inches of compressed 3/4"
stone blend.
9. Prefer blacktop to 2" thick on this base (from 25 to sump).
10. Curb cut shall be protected with a curved curb from Route 25 to
a distance of 15 ft. north on development's ROW as per positioning
established by State Highway engineers.
ll.
12.
Sump to be fenced for safety purposes. ~]
Road must be properly maintained at all times in the future.
September 2, ;1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Dear Board Members:
Pursuant to your request, Robert Schroeder was asked to look at
and recommend road improvements for a Right of Way on the above
referenced parcels.
Mr. Schroeder has recommended that the road be undercut one foot
then filled six inches with a sand, gravel and loam mix. Then a
three to four inch blue stone blend be placed on the road. The
road should be fifteen feet wide with no more than four drainage
basins along the entire Right of Way (one at entrance, two at
center point of road and a fourth at the end). Two drainage basins
should be located along the 170 foot Right of Way.
The Planning Board has requested Sidney Bown and Son to make
recommendations on the road improvements. Diane Schultze has advised
me that the report on the road improvements should be to the
Planning Board by Monday, September 7, 1987.
Ve/r~ Truly ~urs,
~atricia C. Moore, Esq.
PCM/sg
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. i1971
TELEPHONE (516) 765-1809
APPEALS BOARD August 20, 1987
MEMRERS
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q. R .A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPHR.$AWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3653
PROJECT NA~: NORTH ROAD ASSOCIATES
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines thewi'=' '=nln 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: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approval of access over private right-of-way
extending 170 feet from the north Side of Main Road
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North side of Main Road, Orient, NY
1000-18-4-1.3 and 2
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted %{hich indicates that no significant adverse effects to
the environment are likely to occur shculd this project be imple-
mented as planned;
(2) Information has been subm{tted by applicant or his agent indi-
cating that the project will not involve the disturbance of wetlands grasses
or areas subject to flooding which n~ay be considred wetlands.
FOR FURTHER INFOR~.TION, PLEASE CONTACT: Linda Kowalskl, Secretary,
Southold Town Board of Appcals, Town Jlall, 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.
TRANSCRIPT.OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, AUGUST 20, 1987
Appl.-No, 3653
Applicant(s): NORTH ROAD ASSOCIATES
Location of Property: N/s Main_Road,
County Tax_Map ID No. 1000-
Orient
Board-Members present were: Chairman Goehringer P.
Members: Grigonis, Douglass, Doyen and Sawicki.
Goehringer,
Absent was: (None). Also present were: Victor Lessard (Building Dept.)
Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the
audience.
The Chairman opened the hearing at 8:30 o'clock p.m. and
read the notice of hearing and application for the rec6rd.
CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick
VanTuyl, P.C., the most recent date is June 21, 1985 indicating the
parcels mentioned within this application and the 170 foot right-of-
way leading to the property. And I have a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area. Would
you like to be heard Ms. Moore?
MS. MOORE: I guess there might have been a little bit of a misunder-
standing. I'm here to get 280-A approval for that (it's unimproved
right now) right-of-way that will lead to the subdivision, the minor
subdivision as you can see from the survey. The 170 feet is within
your jurisdiction because it's currently outside the subdivision. We
are also before the Planning Board and we'll be receiving the road
specifications for the remainder of the right-of-way. Because, I'm
not sure why, but the Board was not able to get someone out there to
give road specifications. I was able to get Robert Schroeder from
Sound Shore Excavating to come out with me this early evening and to
look at the property and look at the road and tell me how he Would
suggest that the road be improved. I gave him the minimum and maxi-
mum and he said no. The one type that he's recommending now would be
the best improvement. .He would suggest that 15 feet of the right-of-
way be improved. It's a 25 foot right-of-way but<only 15 feet of it
would require improvement because it only services four lots toward
the back. He would suggest that we have three inches of bluestone
blend with maximum of two to four drainage basins along the entire
road. The area 6f 170 feet which is the area that you're dealing
with today, would require a basin at the front of the road and pos-
sibly toward the back, where ever the mid-line portion of the road
would be. So that is the suggestion I make to the Board and I hope
you will take it under advisement.
!~age 2 - August 20, 287
P~ublic Hearing - Nor~Road Associates
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Can you reduce that to writing for us so that
we can have it? I realize that we're taking it down in transcript
manner.
MS. MOORE: That's fine. I can send that. Would my signature be suf-
ficient? Unless you need Mr. Shroeder to sign it.
CHAIRMAN GOEHRINGER: No. Your signature is fine. The purpose of not
having an engineer look at this was because, as you know, our engineer
has retired and we have a gentleman from Smithtown or a firm f~om Smith-
town and we haven't actually gotten on line at this particular time with
them. ~And I-am going to ask something a little different in this hearing.
And that is; that we hold in abiance as a formality 6ntil the next regu-
larly scheduled meeting, so that if we have any additional input or we
· actually feel that Mr. Schroeder's evaluation is not adequate. That we
have the ~ight to enhance it and therefore discuss it with you at the
next regularly scheduled hearing.
MS. MOORE: It's difficult to say. The problem we have now is that the
property in the back; the ten acre piece, is under contract negotiations
right now. And the owner, North Road Associates has agreed to put in the
road but we would like to get some kind final ok from the Zoning Board.
Otherwise the Planning Board won't consider it and then we are delayed.
And since it is in contract negotiations, both the buyer and the seller
are interested to resolve this. So if at all possible, if it could be i.
done any othe~ way, I know my client would appreciate it.
CHAIRMAN GOEHRINGER: Are you willing to accept the Board's conditions?
MS. MOORE: You have our recommendation as far as... And obviously you
will listen to whatever your engineer suggests as well.
CHAIRMAN GOEHRINGER: W~ put you in-a Catch'22 situation.
MS. MOORE: Yes. Why don't we keep it open because I don't want to
give away the store. Alright. We'll leave it open.
CHAIRMAN GOEHRINGER: Is there anyone else who would like to speak in
favor of this application? Anybody like to speak against the applica-
tion? Questions from Board members? Hearing no further questions, I
reserve this hearing for the next regularly scheduled meeting and there-
fore recess it. I think it's September 10th.
Ail in favor - AYE.
Legal Notices
NOTICE OF HEARING
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town ofseuthold, the follow-
lng hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Reg{~lar
Meeting at the Seuthold Town
Hall, Main Road, Southold, New
York, on THURSDAY, OC-
TOBER 8, 1987 at the following
times:
7:35 p.m. Appl. No. 3651 -
DEAN KAaMEN. (Recessed
from 9/10/87l.
7:40 p.m. AppL No. 3592 -
BENTE SNELLENBURG.
(Recessed from 8/20/87).
7:45 p~m. Appl. No. 3668 -
GERARD C. KEEGAN. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.1(C)
for approval of construction of
fence in the easterly frontyard
area at a height of si× feet. Loca-
tion of Property: West Side of
Founders Path and East Side of
Hobart Road, Seuthold, NY;
County Tax Map Parcel No.
1000-64-4-10; Founders Estates
Lot 39.
7:50 p.m. Appl. No. 3657 -
CLYDE FRITZ. Variance to
the Zoning Ordinance, Article
III, Section 100-31 for approval
of insufficient lot area, width
and depth of two proposed par-
cels fronting along the westerly
side of Cedar Lane, Seuthold,
NY; County Tax Map Parcel No.
1000-78-7-45.1, containing a
total area of.894 of an acre.
7:55 p.m. Appl. No. 3663 -
MARIO CASTELLI. Variance
to the Zoning Ordinance, Art cle
III, Section 100-30 for approval
?f sign as exists of excessive size
m this "A-40" Residential and
Agricultural Zoning District
and advertising "Landscaping &
Sprin~ler~ Forever Green."
Location ~perty: South Side
of North I~g(C.R. 48), Peconic,
NY; County Tax Map Parcel No.
1000-69-4-1.3.
/~:10 p.m. Appl. No. 3653 -~
~ NORTH ROAD : AS-]
] SOCIATES. (Recessed from~
~- 8:15 p.m. Appl. No. 3593 and
No. 3659 - QUIET MAN INN.
(Both hearings recessed from
9/10/87).
8:25 p.m. Apph No. 3664 -
ANA G. STILLO. Variance to
rescind prior decision rendered
under Appeal No. 3562 on De-
cember 11, 1986 for a condi-
tional approval under New York
Town Law, Section 280-a, and
deleting Condition No. 2 of prior
decision rendered under Appeal
No. 3619 on April 2, 1987, and
as an alternative being subject
to New York Town Law, Seac-
tion 280-a over the existing
right-of-way approximately i00
ft. to the east of the subjeact
right-of-way (approved or to be
approved and accepted by the
Planning Board for this set-off
division of landl, located along
the north side of Main Road,
Orient, NY; County Tax Map
District 1000, Section 14, Block
2, Lot 26 and Lot 12.2.
8:35 p.m. Appl. No. 3670 -
ROBERT H. FREY. Variance
to theZoningOrdinance Article
XI, Section 100-119.2 f~r perm s-
s~on to locate open deck con-
struction with an insufficient
setback from existing bulkhead
at Harbor Lights Estates~ Sec-
tion I, Lot 10, Southold, NY;
County Tax Map Parcel No.
8:45 p.m. Appl. No. 3669 -
MICHAEL AND ELIZABETH
LADEMANN. Variances to the
Zoning Ordinance, Article III,
Section 100-31 and Article XI,
Section 100-119.2 for permission
to locate new dwelling with in-
sufficient setbacks from the
northerly front property line
along a private a righ ay
and from the nearest ~n~d
grasses, premises known ~ re-
fenced to as Lot No. 1, Map of
Blum and Littell, located along
the East Side of Stillwater Av-
enue, Cutcbegue, NY; County
Tax Map Parcel No. 1000-103-1-
The Board of Appeals will
hear at said time and place all
~ersons or representatives desir-
mg to be heard in each of the
above matters. Each hear ng
will not start before the time al-
lotted. Written comments may
be submitted rior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: September 28, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
1TO1-5726
TATE OF NEW YORK )
) SS:
:OUNTY OF SUFFOLK )
Chri.~-~n~ Cnn~-ento ofGroenport, in
mid County, being duly sworn, says that he/she is
~rincipal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for_ ~.
weeks successively, commencing on the _ 1
dayof October ~ 1~_~7
Principal Clerk
Sworn to before me this / >~-
NOTICE OF HEARINGS
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 SOLrI~HOLD TOWN
BOARD OF AP. PEALS at a
~8ular M~,i~at ~. S~tho~
Town iHall' MUm Road
SouthOla, NY~T~,
OCTOBER 8. 1987 at the
following times:
7:35 p.m. Appl. No. 3651-
DEAN KAMEN. (Recessed
from 9/10/87).
7:40 p.m. Appl. No. 3592-
BENTE SNELLENBURG.
(Recessed from 8/20/87).
7:45 p.m. AppL No. 3668-
GERARD C: KEEGAN.
Variance tO the Zoning Or-
dinance, Article XI, Section
100-1191(C) for approval of con-
struction of fence in the easter-
ly frontyard area at a height of
six feet. Location of Property:
West Side of Founders Path and
East Side of Hobart Road,
Southold, NY; County '[hx Map
Parcel No. 1000-64-4-10;
! Founder{ Estates Lot 39.
7~50 p.m. AppL No. 3657-
CLYDE FRITZ. Variance.to the
Zoning Ordinance, Article 111,
Section 100-31 for approval of
insufficiem lot area, width, and
depth of two proposed parcels
fronting along the westerly side
of Cedar Lane, Southold, NY;
County ~ax Map Parcel No.
1000-78-7-45.1, containing a
total area of .694 .of an acre.
7:55 p.m. AppL No. 3663-
MARLO CASTELLI. Variance
to the Zoning"Ordina~iee, Artf-
cle Ill, Section 100-30 for ap-
proval of sign as exists of ex-
cessive size in this "A-40"
Residential and Agricultural
Zoning District and advertising
"Landscapi0g & Sprinklers by
Forever Grin:' Location of
Property: South Side of North
Road (C.R. 48), Peconie, NY;
County Tax Map Panel No.
~000-69-4-1.3 '%
f 8:10 p.m. Appl No. 3653-j
'~NORTH ROAD ASSOCIATES.~
/ (Recessed from 9/10/87). [
'-' 8:15 p.m. Appl. No. 3593 and
No. 3659- QUIET MAN INN.
(Both hearings recessed from
9/10/87).
8:25 p.m. AppL No. 3664- .~NA
G. STILLO. Varianceto ~scind
prior decision rendered under
Appeal No. 3562 on December
11, 1986 for a conditional ap-
proval under New York Town
Law, Section 280-a, and deleting
Condition No. 2 of prior deci-
sion rendered under Appeal No.
3619 on April 2, 1987, and as an
alternative being subject to New
York Town Law, Section 280-a
over the existing right-of-way
approximately 100 ft. to the east
of the subject right-of-way (ap-
proved or to be approved and
accepted by the Planning Board
for this set-off division of land),
located along the north side of
Main Road, Orient, NY; Coun-
ty Tax Map District 1000, Sec-
tion 14, Block 2, Lot 26 and Lot
12.2.
8:35 p.m. Appl. No. 3670-
ROBERT H. FREY. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for per-
mission to locate open deck con-
struction with an insufficient
setback from existing bulkhead
at Harbor Lights Estates, Sec~
tion 1, Lot 10, Southold, NY;
County Tax Map Parcel No.
1000-79-04-08.
8:45 p.m. Appl. No. 3669-
MICHAEL AND
ELIZABETH LADEMANN:
Variances to the Zoning Or-
dinance, Article 111, Section
100-31 and Article XI, Section
100-119.2 for permission t6
locate new dwelling with insuf-
ficient setbacks from the nor-
therly front property linc along
a private eight-of-way and from
the nearest wetland grasses,
premises known and referred to
as Lot No. 1, Map of Blum and
Littell, located along the East
Side of Stillwater Avenue, Cut-
chogue, NY; County Tax Map
Parcel No. I000-103-1-19.6.
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 allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
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 ............ ,~ .........
da,4~ .... ~,'c~ -d''~'~' lq ~7
'51'
Sworn to before me this ........... .J ......... day of
...... .........
Notary Public
..A,, ~ :_..~A FORBES
..... l,. Lq~ ~t~ of New York
~xpnes :~ 5/ 19
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 RnAD- STATE RI'tAD ~-S 51-1UTHI-ILD, I_.1., N.Y. ll~?l
TELEPHONE (516) 765-1809
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 frae to call
our office, 765-1809.
Yours very t~,ul~.~,., ~
G'ERARD P. GOEHR[NGER ~
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and
Board Clerk
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRING£R, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
July 20, 1987
Patricia C. Moore, Esq.
Edson & Bruer
Main Road
Southold, NY 11971
Re: Appeal No. 3653 - North Road Associates (280-a)
Dear Pat:
This letter will acknowledge receipt of your recent applica-
tion. 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 their scheduling your application
for public hearing.
Although the earliest available date for public hearing at
this time is on or about August 20th, written confirmation will
be sent to you within the next couple of weeks. A copy of the
legal notice of hearings will be sent to you prior to publication
in the Suffolk Times and L.I. Traveler-Watchman by our office.
Please feel free to call if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law a[~ thee, Code of
the Town of ~oa~let.~tfie~
following hearin~--~s--~l~ IJe~e~d
by the SOUTHOI3~ TOWN
aOa~,O--t~i~.g, Al~ a~ a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, New York, on
THURSDAY~ AUGUST 20I
1987~ at the following tim.es:
7:35 p.m. Appl. No.. 3602-
MARGARET McNAMARA,
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.2(B) for permission to
construct wooden deck attach-
ed to existing dwelling with an.,..'
insufficient setback from ex-
isting timber bulkhead and
Peconic Bay. Location of Pro-
perty: 640 Takaposha Road
(Private Road No. 15),
Southold, NY; County Tax Map
Parcel No. 1000-87-06-10.
7:40 p.m. AppL No. 3646-
RO ER
MUIR. Variances to the Zoning
Ordinance, Article III, Section
100.31, Bulk Schedule, for per-
mission to construct additions
to dwelling with an insufficient
rearyard setback and insuffi-
cient frontyard setback. Loca-
tion of Property: Corner of
Gillette Drive and Cleaves Point
Road, East Marion, NY; Coun- d,o
ty Tax Map Parcel No./n
1000-38-2-29.
7:45 p.m. Appl. No. 3643-
EUGENE PERINO. Variance
to the Zoning Ordinance, Arti-
cle XI, Section 100-119.2 for per-
mission to locate proposed
dwelling with or without deck
addition within 75 feet of
nearest wetlands along the
shoreline of Marion Lak~. Loca-
tion of Property: West Side of
private right-of-way known as
"Truman's Path;' East Marion,
NY; County Tax Map Parcel No.
1000-31-12-16.
7:50 p.m, AppL No. 3644.
JOSEPH REINHART~ FRED
WlGHTMANI AND DAVID
FREY. Recessed hearing from
July 16, 1987 to be mconvened./
8:00 p.m. AppL No. 3647-
JOHN AND JOAN WETZEL.
Variance to the ~mn'~"~-
dinance, Article 111, Section
100-31 and Article XI, Section
100-119.2 to con~iruct additions
to dwelling with reductions in
the sideyard, and to construct
addition landward of existing
dwelling structure 70+ feet
from the nearest wetland edge or ,
highwater mark along Eugene
Creek. Location of Property:
4635 Pequash Avenue (Fleet-
wood Road), Cutchogue, NY;
Fleetwood Cove Lot No. 12;
County Tax Map Parcel No.
1000-137-04-006.
FERUCIO FRANKOLA.I
iance to the Zonin~ Or-
rice, Article XI, S~tion
119.2 for permission to con-
struct swimmingpool, deck and
fence enclosure within 75 feet of
wetland area along West Creek.
Location of Property: 1900
Glenn Road, Southold, NY;
West Creek Estates Lot No. 19;
County Tax Map Parcel No.
ss:
1000-78-02-36.
8:10 p.m. Appl. No. 3655- ich the annexed is a printed cop,/,,
ELLEN HOPE DeMARIA. d Long [s[and Traveler-Watchman
Variance from Condition No. I . .~ ...... weeks
rendered July 8, 1965 under Ap- ' ...........
peal No. 785, and Article Ill, ~,~'
Section 100-32, for approvalof on the
the construction of accessory
storage shed in frontyard ama as ~'
shown on survey prepared byg ..... 19c .....
Roderick Van'lhyl, RC. April 9,
1984. Location of Property:
West Side of Private Road (West
View Drive), Orient, NY; Coun-
ty Tax Map Parcel No.
1000-13-3-3.
8:15 p.m. Appl. No. 3656-
NICHOLAS IPPOLITO.
Variances to the Zoning Or- ' .....................
dinance' Article 111, Section
100-31, and Article XI, Section . . . , [ 9
100-119.2, for permission to con-
struct garage addition to dwell-
ing with an insufficient souther-
ly sideyard setback, insufficient ~
total sideyards, insufficient set-
back from bulkhead along Ar- ;t:t./'.ir3'7-'~'. .,.,, .- ~'" ·
shamomaque Pond, and ex-,tary Public
cessive lot coverage. Location of ~
Property: 230 Carole Roadl'b BA[,'.!L.IRA I
Southold, NY; County Tax Map ~ry i'ttL lc,
Parcel No. 1000-052-02-007. N,. ,:c;~ ;
/'"" 8:30 p.m. Appl. No. 3653-"~:'[;l'i~d in
NORTH ROAD ASSOCIATES. ~i~''%'" LXlme:~C",t,-p
Variance pursuant to New York /
Town Law, Section 280-a, for{,_
approval of access over private ~
right-of-way extending 170 feet \
from the north side of Main
Road, Orient, NY; County Tax
Map Parcels No. 1000-18-4-1.3 J
N,__and 2.
8:40 p.m. Appl. No. 359~--
BENTE SNELLENBURG,
Hearing recessed from July 16,
1987.
8:50 p.m. AppL No. 3654-
WILLIAM MOORE, ESQ. and
BENJAMIN HERZWEIG,
ESQ~ Variance to the Zoning~
Ordinance, Article XI, Section
100-119.2 for permission to
establish "building envelope"
with setbacks of not less than 38
feet from nearest wetland along
existing two-foot contour and
not less than 30 feet from the
front property line (as approv-
ed under Appl. No. 3412 June
30, 1987). Location of Proper-
ty: 675 Meadow Lane, Mat-
tituck, NY; Mattituck Estates
LOt No. 42; County Tax Map
Parcill No;~ 1000-115-5-7.
The Bo~d of Appeais will
.~c at said time ~mJ place all
July sworn, says that she is the
LAND TRAVELER-WATCHMAN,
d at Southold, in Suffolk County;
.Legal Notices
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Southold, the follow- '
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeting at the Southold Town
ttall, Main Road, Seuthold, New
~York, on THURSDAY, AU-
GUST 20, 1987 at the following
times:
7:35 p.m. AppL No. 3602 -
MARGARET McNAMARA.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.2(B~ for permission to con-
struct wooden deck attached to
existing dwelling with an insuf-
ficient ~etback from existing
timber bulkhead and Peconic
Bay. Location of Property: 640
Takaposha Road (Private Road
# 15),.seuthold, NY; County Tax
Map Parcel No. 1000-87-06-10.
7:40 p.m. Appl. No. 3646 -
ROBERT AND NANCY
MUIR. Variances to the Zoning
Ordinance, Article Ill, Section
100-31, Bulk Schedule, for per-
mission to construct additions to
dwelling with an insufficient.
rearyard setback and insuffi-
cient frontyard setback. Loca-
tion of Property: Corner of Gil-
]ette Drive and Cleaves Point
Road~ East Marion, NY; County
Tax Map Parcel No. 1000-38-2-
29.
7:45 p.m. Appl. No. 3643 -
EUGENE FERINO. Variance
to the Zoning Ordinance, Article
X1, Section 100-119.2 for permis-
sion to locate proposed dwelling
with or without deck addition
within 75 feet of nearest wet-
lands along the shoreline of
Marion Lake. Location of Prop-
erty: West Side of private right-
of-way known as "Wruman's
Path," East Marion, NY; County
Tax Map Parcel No. 1000-31-12-
7:50 p.m. Appl. No. 3644 -
JOSEPIi REINHART, FRED
WIGHTMAN, and DAVID
FREY. Recessed hearing from
July 16, 1987 to be reconvened.
8:00 p.m~ Appl. No. 3647 -
JOHN AND JOAN WETZEL.
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 and Article XI, Section 100-
119~2, to construct additions to
dwelling with reductions in the
sideyard, and to construct addi-
tion landward of existing dwell-
ing structure 70-+ feet from the
nearest wetland edge or highwa-
tar mark along Eugene Creek.
Location of property: 4635
Pequash Avenue (Fleetwood
RoadL Cutohogue, NY; Fleet-
wood Cove Lot No. 12; County
Tax Map Parcel No. 1000-137-
FERCC'.O FRANKOLA. var~-
anco to the Zoning Ordinance,
Ar~XI, Section 100-119.2 for
pe.J~J~ion to construct swim-
ndng pool, deck and fence enclo-
sure within 75 feet of wetland
area along West Creek. Location
of Property: 1900 Glenn Road,
Southold, NY; West Creek Es-
tates Lot No 19; County Tax
Map Parcel No. 1000-78-02-36
ELLEN HOPE DeMARIA.
Variance from Condition No. 1
rendered July 8, 1965 under Ap-
peal No 785, and Article Ill,
Section 100-32, for approval of
the construction of accessory
storage shed in frontyard area as
shown on survey prepared by
Roderick VanTuyl, P.C. April 9,
1984. Location of Property: West
Side of Private Road (West View
Drivel, Orient, NY; County Tax
Map Parcel No. 1000-13-3-3.
8:15 p.m. Appl. No. 3656 -
NICHOLAS IPPOLITO. Vari-
ances to the Zoning Ordinance,
Article III, Section 100-31, and
Article XI, Section 100-119.2. for
permission to construct garage
addition to dwelling with an in-
sufficient southerly sideyard set-
back, insufficient total
sideyards, insufficient setback
from bulkhead along Ar-
shamomaque Pond, and exces-
sive lot coverage. Location of
Property: 230 Carole Road,
Southold~ NY; County Tax Map
Parcel No 1000-052-02-007.
/~'~8:30 p.m. Appl. No.
[ NORTH, ROAD AS-
[ SOCRATES. Variance pursuant
~ to New York Town Law, Section
~. 280-a, {hr approval ofaccessover
} private right-of-way extending
[ 170 feet from the north side of
[ Main Road. Orient, NY; County
Tax Map Parcels No. 1000-18-4-
8:40 p.m. Appl. No. 3592 -
BENTE SNELLENBURG.
Hearing recessed from July 16,
1987.
8:50 p.m. Appl. No. 3654 -
WILLIAM MOORE, ESQ. and
BENJAMIN HERZWEIG,
ESQ. Variance to the Zoning
Ordinance, Article Xl, Section
100-119.2 for permission to es-
ta[dish "building envelope" with
setbacks of not less than 38 feet
from nearest wetland along
existing two-foot contour and
not less than 30 feet from the
front property line (as approved
under Appl. No. 3412 June 30,
1987L Location of Property: 675
Meadow Lane, Mattituck, NY;
Mattituck Estates Lot No. 42;
County Tax Map Parcel No.
The Board of Appeals will
hcar at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each bearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more info~mation, please call
765-1809.
Dated: July 27, I
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK
Gerry PAgllero of Groonport, in
said County, being duly sworn, says that ha/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly publisl~ed in
said Newspaper once each week for 6
weeks successively, commencing on tho _
AUEUS
t
d of 19°~
ay
day of ~ MARY K DEGN~N
NOTAHY PUBtlC, State of New York
SuftoiA gouaty No 4849860
Term Expires t:ebruar'/~-yA9
APPEALSBOARD
MEMBERS
CERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of'Appeals
MAIN ROAD- ~TAT£ ROAD 25 BDUTHDLD, L..I., N.Y. *llC:J'7'l
TELEPHONE (516) 765-1809
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.]. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event the're are questions from board members
or persons in the audience. Please be assured thai. your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours very tr~ly_~, ~
G~RAI~D P. GOEHR~'NGER ~/
CHAIRMAN
Enclosure
Linda .Kowalski
Secretary and Board Cl[~rk
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TO:
FROM:
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
Transmitted herewith is Zoning Appeal No. 3553 , application of N0rth Rood
/~SSOCS, for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Jud~~' · " ": '
Sout h~~ ~ t
Town Board of Appeals
N ( 6) 09
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Enclosed
of the public
a copy of the
Watchman, Inc.
herewith as confirmation of the time and date
hearing concerning your recent application is
Legal Notice as published in the L.I. Traveler-
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 frae to call
our office, 765-1809.
Yours_very tr~ly..¢~ ~ ,~
GERARD P. GOEHRINGER ~
CHAIRMAN
Enclosure
Linda Kowal ski
Secretary and Board Clerk
July 22, 1987
Southold Town zoning Board
Town Hall
Main Road
Southold, New York 11971
of Appeals
Re:
Appeal for 280A variance
North Road Associates
Orient, N.Y.
Dear Sirs:
Enclosed please find additional notice to adjoining property owners
dated July 21, 1987, with affidavit of mailing and attached certified
mailing receipts. Please make this a part of the above application.
Very truly yours,
Patricia C. Moore, Esq.
PCM/df
Enc.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
NORTH ROAD ASSOCIATES
to the Board of Appeals of the Tov, n of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1, That it is the intention of thc undersigned to petitio~3-4~.-i~rd of Appeals of the Town of Southold
to requesta (Variance) (Special Exception) (Special Permit) qOther~ [circle choice]
280A at:: royal ).
2. That the property which ,, th~.. ~ubiect of the Petition is located adiacent toyour property and is des-
cribed as follows proposed mir. or subdiv±s±on, SCTM#1000-018-04-001
3. That the property which ~, ibc subject of such Petition is located in the following zoning district:
"A" R~id~ ?.ti a 1 / Agricultural
4. That b,~ such Petition, thc undersigned will request the following relief: 280A of Town Law,
approval of road improvements of 170 foot X 25 foot right of way
5. That the provisions ofti~c 5k~u[hoid [own Zoning Code applicable to the relief sought by the under- ,~
signed are Artlc!e ~ct~on
tX] Section 280-A, New York Town Law for approval of access over right(s)-of-way. )
6. That within fi~e days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk', Office at Main Road Southold, New York and you may then and there
examine the same during regular offi~hours (516) 7~5-1809.
7 That before the relief soughl 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: JulyS/, 1987
Petitione¥~atricia C/ Moore, Attorney f
Owners'Names: North Road Associates
Post Office Address
Edson & Bruer ' '
P.O. Box 1466r Southold, NY 11971
(Te]. [516] 765-1222 )
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Joseph Droskoski
Joseph B. Droskoski
Stanley Droskoski, Sr.
Beverly Kirschman
P 263 056 634
F~ECEIPT FOR CERTIFIED MAIL
P 263 056 633
RECEIPT FOR CERTIFIED MAIL
P 263 056 632
P 263 056 631
Beverly Kir schman
14 Ground Road
tOld westbury, N.Y. 11568
Orient, N.Y. 11957
Orient, N.Y. 11957
Orient, N.Y. 11957
14 Ground Road
Old Westbury, N.Y.
11568
5.:
~ , residing a t/"/f/'/~;~C'),,~'z/~X~/,~. ,
~'z/'z./ , being duly sWor~, deposes and says'that on ~he c~./-~"day
__, 1 9 ~.7 , deponent mailed ,~ true copy of the Notice set forth on the re-
ich of the above-named persons at the addresses set opposite their respective
)poshe the names of said persons are the addresses of said persons as shown on
~,~Town of Southold; that said Notices were mailed at the United States Post Of-
F~,r../~. that said Notices mailed each of said
were
TO
persons
by
Sworn to before me this C~/ ~
(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
NORTH ROAD ASSOCIATES
to the Board of Appeals of the Town of SoUthold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petitio, j~t,~x~.rd of Appeals of the Town of Southold
to request a (Variance)(Special Exception)(Special Permit)~(Othe~)~ [circle choice]
280A approval'~ -~ ).
2. That the property which is the subject of the Petition is located adjacent toyour property and is des- j
cribed as follows: proposed minor subd±vision, $CTM#1000-018-04-001
3. That the property which is the subiect of such Petition is located in the following zoning district:
"A" R~.~d~n~al/Aqricultural
4. That by such Petition, the undersigned will request the following relief: 280A of Town Law,
approval of road improvements of 170 foot X 25 foot right of way
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
tx] Section 280-A, New York Town Law for approva] of access over right(s)-of-wa),.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: Jul¥?3r 1987
Petiti0ner~'~atricia C.' Moore, Attorney for
Owners'Names: North Road Associates
Post Office Address
Edson & Bruer
P.O. Box 1466~ Southold, NY 11971
(Te]. [516] 765-1222 )
rr~~r-- ID~ ~
a_ ~ O
ent, N.Y. 11957
ent, N.Y. 11957
~ .ent, N.Y. 11957
in Road
- ~ent, N.Y. 11957
................ !~_J_ L__ ent, N.Y. 11957
'i:~-z o ' ,: :l- I·
'°"- '- - ,'": '-: _L 185
t~6108'~-S96i OdUSD' Sg6~aunp 00~,O~Sd ant, N.Y. 11957
N.E. 38th Street
Lauderdale, Fla. 33334
halebone Lane
thampton, N.Y. 11968
East 91st Street
York, N.Y. 10128
COUNTY OF SUFFOLK) ~"
Mary Diana Foster , residing at (No#) McCann Lane,
Green~ort, N.Y? . , being duly sworn, depose~ and says that on the 13th day
of July , 19 87 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
ficeat Southold. N.Y.
(certified) (xqN~::~zt-dj mail.
Sworn to before me this 13th
da~of July ,19 87
Notary Public
; that said Notices were mailed to each of said persons by
(This side does not have to be completed on form transmitted to adjoining
property owners.)
~UESTIONNAIRE 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
Town Code, Ch. 97 for your reference.)
Yes
3. Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes
4. Are there any existing or proposed fences, concrete
barriers, decks, etc?
Yes
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
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
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. ~ ~Yes
Are there any building permits pending on this parcel
(or abutting land under ~our ownership, if any)?
State Permit # and Nature:
Yes
No'
lO.
11.
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 ~zz~nc~ ~.~c~c_~e~ __ ~e~s~ No
Town Board Yes ~l~[~'
Town TrDstees Yes ~i~i'
County Health Department Yes ~
Village of Greenport Yes ~
N.Y.S.D.E.C.~ ' Yes ~6~ ~
Other Yes No
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers .... ~
and conditions of'sale.(from contract). Yes ~-N~
Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes <~j~b
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 Yes ~No~
the requirements of Ch. 97 of the Town Code?
Please list present use or operations conducted upon the
subject property at this time
and proposed
I certify that the above statements are true and are being submitted for
reliance by~ the Bo~ard o~f Appeals in considering my application.
Signa~Cu~e (Property Owner) (Authorized Agent)
3/87 1 k
9/10/87
R~EPORT/RECOMMENDATIONS
As Requested by Member
RE:
Douglass:
NORTH ROAD ASSOCIATES, Appl. No. 3653 for 280-a approval.
Premises now or formerly of Droskoski Farm
t. Cesspool existing under right-of-way be relocated as agreed
by Droskoskis and at developer's responsibilities (and expense).
2. Full 25-ft. width of road to be constructed (heavy water
run-off from hilly areas ).
3. All bushes, trees and hedges in roadway from Route 25 to
be removed.
4. No work started until a State Road cut approval has been
obtained from developer.
5. Roadway should be cut from the edge of State Road property
north at a maximum of 8 degrees to a point behind hedge on
Bondarchuk's property. At this point, should have a reverse
cut to create an area in the development roadway that will
collect the water and guide it into a sump to be constructed
on the east side of the road behind the hedge of Bondarchuk's.
(Drain would not appear sufficient to handle the water
runoff.)
9.
10.
Road shall have a berm constructed along the west side to
keep water from draining over into ditch of adjoining property,
or onto Route 25. (Road is impassable as exists during or
after rain storms of moderate amounts.)
Road shall be cut to a depth of 12 inches backfilled with sandy
bank run with a minimum 20% content of gravel to a depth of 8".
(12" deep will allow drainage).
Bank run shall be covered with 4 inches of compressed 3/4"
stone blend.
Prefer blacktop to 2" thick on this base (from 25 to sump).
Curb cut shall be protected with a curved curb from Route 25 to
a distance of 15 ft. north on qevelopment's ROW as per positioning
established by State Highway engineers.
ll. Sump to be fenced for safety purposes, i,
12. Road must be properly maintained at all times in the future.
.... 1'71