HomeMy WebLinkAbout3683Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I,, N.Y. 11c~'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3683
Application Dated 0¢t0ber ]6, ]987
TO: Char]es R. Cuddy, Esq.
as Attorney for GEORGE L. PENNY,
180 Old Country Road
P.O. Box 1547
Riverhead, NY 11901
INC.
[Appellant(s)]
November 18, 1987,
At a Meeting of the Zoning Board of Appeals held on
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
EX] Request for Variance to the Zoning Ordinance
Article XI , Section ]00-]]9.](A)
[ ] Request for
Application of GEORGE L. PENNY, INC. for a 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.
WHEREAS, a public hearing was held and concluded on November 10,
1987 in the Matter of the Application of GEORGE L. PENNY, INC. under
Appl. No. 3683; 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 requesting a Variance from the
Provisions of Article XI, Section lO0-119.1A for permission to
erect six-and-one-half foot high fencing along/near the perimeter
of premises for security purposes and as more particularly shown
on sketched map of Property of George L. Penny, Inc. (prepared
April 14, 1972 by Roderick VanTuyl & Son).
2. The premises in question is a 3.887+ acre parcel
having frontage along three streets, namely: Sound Avenue (or
the Old North Road) of 131± feet in width, Route 48 (or Middle
Road) of 306± feet in width, and Westphalia Avenue of 23±
feet.
3. The subject premises is located in the "C-Light
Industrial" Zoning District and is and has been used as
(CONTINUED ON PAGE TWO)
DATED: November 18, 1987.
Fo~ ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
'~ppl. No. 3683
Matter of GEORGE L. PENNY, INC.
Decision Rendered November 18,
1987
a yard for the sale and storage of building and related
materials and supplies, (a permitted use in this Zone).
4. Article XI, Section lO0-119.1 permits fences, walls,
hedges, or other live plantings when located in the front yard
along the front yard property line not exceeding four (4) feet
in height and when located along side and rear lot lines, the
same shall not exceed six and one-half feet in height. When
located other than in the frontyard area or along side or rear
lot lines, Subsection C permits the same at a height not
exceeding eight (8) feet.
5. For the record it is noted that it is not unusual for
this Board to require suitable screening or fencing of this
nature around the periphery of the area used for outside stor-
age. This parcel is unique particularly since it fronts on
three public streets, and the Board agrees that a fence of
four feet in height would not be effective in deterring
vandals and other unauthorized persons from entering the
premises.
6. It is also noted for the record that the portion of
the fence within this Board's jurisdiction is that portion
located in the frontyard area and more specifically off of
Sound Avenue (or Old North Road). The remaining sections
of the proposed fence are along and/or within the side and
rear yard areas which permit a fencing height at six-and-
one-half feet.
7. In making this determination, the Board has also
found: (a) the circumstances of the property are unique;
(b) the percentage of relief requested is not substantial;
(c) the grant of this variance will not create a detriment
to adjoining properties; (d) the difficulty cannot be
obviated by a method feasible to appellant other than a
variance; (e) no adverse effects will be produced on
available governmental facilities of any increased popula-
tion; (f) in view of all the above factors, the interests
of justice will be served by granting the variance, as
further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3683 in the Matter of the Application of GEORGE L.
PENNY, INC. to erect a fence along/near the frontyard areas
at a height not to exceed six-and-one-half (6½) feet, as
applied.
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, CHAIRMAN
RECEIVED AND FILED
THE SOUTHOLD TOWN CLEk._
DATE ,,/-~ ~/~-~ HOUR ~ ~' ~
Town Clerk, Town of
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 hearing~
will be held by the SOUTHOLD TOWN BOARD OF APPEALS au 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. Vari'ances to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of decks attached to dwelling with insufficient
rear and front yard setbacks, and Article III, Section 100-32
for approval of accessory garage structure located partly in
the sideyard area. Location of Property: West Side of Wabasso
Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2.
7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Variance
to the Zoning Ordinance, Article VII, Section 100-71~ Bulk Schedule,
for permission ~o 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 Yap Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special
Exception to the Zoning Ordinance, Article VII, Section 100-71,
Bulk Schedule, for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B-l" General Business Zoning District. Location of Property:
Corner of Main Road and the East Side of Cottage Place, Southold,
NY, 1000-62-3~]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 P~cel No. 1000-78-7-42.
Page 2 - Notice of Hearings
Regular Meeting November
Southold Town Board of Appeals
987
7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
locate inground swimmingpool, decks and fence enclosure with an
insufficient setback from the top of bluff along the Long Island
Sound. Location of Property: north side of The Strand, Lot #124,
Mao 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 ~o the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for permission to construct addition to dwelling with
an insufficient setback from the closest poin~ of arc along the
front property line. Location of Property: North Side of Sailors
Lane (a private road), approximately 147 feet wes~ of Little
Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map
Parcel No. 1000-111-14-7.
8
:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to
the Zoning Ordinance, Article XI, Section 100-119.1, for permission
to erect fence in the frontyard area at a height not to exceeo
6½ feet. Location of ProperTy: North Side of Sound Avenue (or
lO0-80(B) for permission to use existing storage building for
warehousing and storage of lumber and building materials and
supplies, in conjunction with the existing lumberyard opposite
Sound Avenue. Zone District: "C-Light Industrial." Locati6'n
of Property: South Side of Sound Avenue (or North Road), Matti-
tuck, NY; County Tax Map Parcel No. 1000-141-3-41.
8:16 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. 1000-75-6-10.
Zone District: "B-l" General Business.
8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI.
Variance to the Zoning:.~Ordinance, Article III, Section lO0-30(A)
North Road), and the South Side of C.R. 48, (Middle Road),
~._Mattituck, NYN 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, S. ection
Page 3 Notice of Hearings
Regular Meeting - November lO,
SoLthold Town Board of Appeals
I 987
for permission to utilize premises for book publishing operations~
wholesale book storage, and updated 280-A approval over the
existing private right-of-way for such use. Zone District: "A"
Residential and Agricultural. Location of Property: West Side
of Depot Lane, Cutchogue, NY; County Tax Map Parcel No.
1000-96-5-1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679 ROBERT AND DOLORES SCHISSEL.
Variance for permission to construct open deck addition with an
insufficient setback from nearest wetlands oer Article XI,
Section 100-119.2. Location of Property: 710 West Shore
Drives Reydo~ Shores Map, Lot 9 ana part
County Tax Map Parcel No. 1000-80-1-46.
8:45 p.m. Appl. No. 356~ JOHN DEMPSEY/ROBIN RAEBURN.
Variances: (a) for final approval under New York Town Law,
Section 280-2 over the existing private right-of-way, and
(b) for permission to locate proposed dwelling with an
insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-119.2. Location of
Property: Extending 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 2, Lot 3.6
(prev. 3.4 and 3.5).
9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance
to the Zoning Ordinance, Article XI~ Section 100-119.2 for
approval of the construction of dewla~elling with an
insufficient setback from nearest tidal wetlands and/or
ordinary highwater mark along Deep Hole Greek. Location
of Property: East End of Lupton 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
~GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ~.~. ~ ./?~.
PLEASE TAKE NOTICE that your application dated ... o~.~ . . ~ ....... , 1 ~..,~.
~o~a~o~ o~o~ ~;~~ .... ~~~ ........... ~ ~
co~ ~x u~ ~o. ~000 s~io~ . l .~/. ...... ~o~k . .~. ~ ........ lot . ~.-T~ ......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds.., eE. ~ .~ ......
.................................
.../..a..v....-.. //. ~.. 1...._,-,.,,4' ...............................................
Building Inspector
RV 1/80
TOWN OF SOUTHI:J~I~ ~1~ ~ ~-'
APPEAL FROM DECISION OF BUILDING NSPECTJ T! (]
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTNOL~, N~ Y.
1, (We).~9~g~...~.~..~gg~.,...~.~ ....................... of ....~h...~ ....................................................
Nome of ~ppel]o,nt Street and Nu~r
........ ~&~.[&uck ...................................................................... ~g~,.]P~ ......... HEREBY APPEL TO
Municipoli~ State
DATE ..............................
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Nome of Applicant for permit
of Box 55, Peconic, NY
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD - ~.'~1;(2 foot chain 11nk fence
1. LOCATION OF THE.PROPERTY .....N.Q..C?,..h....R0..,8.,C[ .............................................................................
Street /Hamlet / Use District on Zoning Mop
O,,er Ceorge ,. Penny, I,c.
Mop No. Lot No. Prior Owner
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 Ordinance.)
Article 100 Section 119.1A
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( X ) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons; Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
X) A Variance to the Zoning Ordinance
)
~s requested for the reason that Wf would like to erect a perimeter fence of
six and one-half (6-~/2') feet tri"hetght to secure materials tn storage
on premises.
(Continue on other side)
REASON FOR APPEAL ~ ;~ ~f ~ ,~ .- ~ ~r. Cant nued
1. STRICT APPLICAT ON O~F'~THE~O~DI'NANCE would produce practical difficulties or unneces-
sary HARDSHIP because a~u~._~(~,,! ~t~-~fence would not provide necessary
protection~ and the 6aIance of t'l~ fence, outside of the front yard, will be
six and one-half feet in height.
2 The hardship created is UNIQUE and is not shared ay all properties aJike in the immediate
~icinity of this property and in this use district bec.ause of the nature of our
usiness. We need to secure outdoor storage for buiding materials, and to limit
ingress and egress to the lumber storage and office buildings at the site.
3 The Variance would observe the spirit of the Ordinance~ond WQULD_NOT,_C, kJ,~NGE. THE
/~o six an~ one-naL~ t.b-1/~' )TOOT.
CHARACTER OF THE DISTRICT because six (6') foot fencing is normal and necessary
for the protection of commercial property. Our perimeter is surrounded by
commercial property.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
GEORGE L. PENNY, INCa,
-~' / ....... Sig notu r-.--..-~-~....~ ................ [~ ...........
By: Geoffrey L. Penny, Vice President
Sworn to this ............ .~...'~.~. ........................... day of ........ .0.~9~)7 .................................. t987
CHARLES R. CUDDY
Nomy Public, State of f~a~v ym.k
No.
Co G~..ti?md in Suffolk Count~
mm~smon Expires Dee,. 31
OF $OUTHOLD
PROPERTY
OWNER
STREET
FORMER OWNER
VILLAGE
RES.
i VL.
LAND
IMP.
TOTAL
Woodland
Meadowbnd
House Plot
Tota I [
S W
I FARM ] COMM.
DATE
CB, MICS.
SUB. LOT
ACR, I
OF BUILDING
Mkt. Value
DEPTH
BULKHEAD
FRONTAGE ON ROAD
FRONTAGE ON WATER
COLOR
' TRiM
ExteneJon ~ ~
Porch
Porch
Foundation
Ext. Wolls
Fire Place
'~reation Room
tenor Fm~sh
:,' c 'J-C Heat
Rooms 1st Floor
Floor
BR.
M. Bldg,
Extension
Extension
Extension
~ ~ , ~ ,, Bath
/' · FJoors
~ nterior Finish
Heat
Fire Place
Porch
Roof Type
Breezeway
Garage
Patio
Porch
P. ooms 1st Floor
Rooms 2nd Floor
Driveway Dormer
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- ~:TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-180g
December 3, 1987
Charles R. Cuddy, Esq.
180 Old Country Road
P.O. Box 1547
Riverhead, NY 11-901
Re: Appl. No. 3682 George L. Penny, Inc./Jerry Shulman
~ppl. No. 3683 - George L. Penny, Inc.
Dear Mr. Cuddy:
Transmitted for your records is a copy of the Suffolk
County Department of Planning response in accordance with
our referrals under the Suffolk County Administrative Code.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Linda Kowalski
Enclosure
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
360-5206
lee E, KOPPELMAN
DIRECTOR Of PLANNING
November 25, 1987
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Bente Snellenburg
Gerard C. Keegan
George L. Penny, Inc./Jerry Schulman
George L. Penny, Inc.
3592
3668
3682
3683
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L,l., NEW YORK 11788
{5161360-5t92
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 7651809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
,JOSEPH H. SAWlCKI
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Towo of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article xI , SectionlOO-119.1(A)
Variance from Determination of Southold To'wn Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3683 Applicant: George L. Penny, Inc.
Location of Affected Land: N/s of Sound Ave., MattiEuck,
County Tax Map Item No.: 1000-141-3-38.1
Within 500 feet of:
Town or Village Boundary Line
NY
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, High, way, Thruway
Boundary of Existing or Proposed County, State or Federally Owned La~
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
or
Existing or Proposed Right-of Way of Any Stream or Drainage ~hannel
Owned by the County or for Which The County Has Established Channel
Lines,
Within One Mile of a Nuclear Power Plaot
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to erect fence in the
Copies of Town file a'hd related documents enclosed for your reviL~w.
Dated:~ov. 23~ 1987
Southold Town Board of Appeals
MAIN I~OAO- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWiCKI
Charles R. Cuddy, [sq.
180 Old Country Road
P.O. Box 1547
RiYerhead, NY ll901
November 23, 1987
Re: Appeal No. 3683 - George L. Penny, Inc. (Variance)
Dear Mr. Cuddy:
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
issuance of any permits
be applicable.
return to
or other
the Building Department for
approvals in writing as may
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:
Buildin§ Department
Suffolk County Planning
Yours very truly,
GERARD P~ GOEHRINGER
CHAIRMAN
By Linda Kowalski
Commission
Page 34/The Suffolk Times/October 29, 1987
Ordinance, Article VII, Section
Legal Notices lOO_7 , Bulk Schedule, for per-
mission to construct addition for
showroom use incidental to the
existing car-sales business use
NOTICE OF~RINGS in this "B-I' General Business
Zoning District. Location of
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
NOTICE ~ HEREBY
GIVEN, pursuant tYo Section 267
of the Town Law and tl~ Cede of
the Town of Seuthold, the follow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeti~o at the Seuthold Town
Hall in Read, Seuthold, New
York, on TUESDAY,
NOVEMBER 10, 19~7 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 insuf-
ficient r~ar and front yard set-
hacks, and Article III, Section
100-32 for approval of accessory
garage structure located partly
in the sid~yard area. Location of
Property: W~tt Side of Wabasso
Street, SOuthold, NY; County
Tax Map Parcel No. 1000-78-3-
34.2.
7:35 p.m. Appl. No. 3675 -
RIC" · RD MULLEN, JR.
Var ~, to the Zoning Ordi-
nance,'Article VII, Section 100-
71, Bulk Schedule, for permis-
sion to construct showroom addi-
tion with an insufficient fron-
tyard setback from the north
property line. Location of Prop-
erty: Comer of Main Road and
the East Side of Cottage Place,
Seuthold, 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
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 Ill, Section
100-32; for permission to locate
Schedule, for permission to con-
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), approxi-
mately 147 feet west of Little
Peconic Bay Road, Nassau
accessory inground swim- Point, Cutchogue, NY, County
mingD~l, decks, and fence eh- ,Tax Map Parcel No. 1000-111-~
closure in the frontyard area (in 14-7.
excess of 300 feet from the front f 8:05 p.m. Appt. No. 3683
property line) at premises 1o- /~ GEORGE L. PENNY INC.
cared along the north side of/ Variance
Ruth Read (north of Sunset ] nance, Article A~, ~eC~lOn
Drive), Mattituck, NY, Countyl 119.1, for permission to erect/
Tax Map Parcel No. 1000-106-1-[ fence in the frontyard area at at
3 ~ height not to exceed 61/2 feet. Lo-~
7:50 p.m. Appl No. 3514 - ~ cation ofProperty: North Side of ~
GEORGE P. SCHADE. Vari- ~ Sound Avenue (or North Road),
ances to the Zoning Ordinance, [ and the South Side of C.R. 48,
Article IIl, Section 100-31, Bulk [ (Middle Read), Mattituck, NY,
Schedule, for approval of the [ County Tax Map Parcel No.
proposed insufficient lot area { 1000-141-3-38.1.
and width of two parcels in this ~. 8:10 p.m. Appl. No. 3682~
pending set-off division of land ~-GEORGE IL, PENNY INCd
located along the west side of JERRY SHULMAN. Special
Cedar Lane (west of Summit
Road), Seuthold, 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 pennis-
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;
Exception to the Zoning Ordi-
nance, Article VHI, Section
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 Read), 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-
struct addition to existing build-
ing with an insufficient setback
from the side (westerly) property
line. Location of Property:
Corner of Main Road and the
West Side of Peconic k~ne,
Peconic, NY; County Tax Map
Parcel No. 1000-75-5-10. Zone
District: "B-I" General BuM-
ness.
8:20 p.m. Appl. No. 3671 -
ANDRE AND THOMA~
CYBULSKI. Variance to ~he
Zoning Ordinance, Articl~ III,
Section 100-30(A) for permission
to utilize premises for book pub-
lishing operations, gbelesale
book storage, and updated 280-A
approval over the existing pri-
rate right-of-way for such use.
Zone District: "A" Residential
and Agricultural. Location of
Property: West Side of Depot
Lane, Cutcbegue, NY; County
Tax Map Parcel No. 1000-96-5-
1.2 and part of i.L
8:35 p.m. Appl. No. 3679-
ROBERT AND DOLORES
SCHISSEL. Variance for per-
mission to c~nstruct 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, Roydon Shores
Map, Lot 9 and part of 8, South-
old, NY; County Tax Map Parcel
No. 1000-80-1-46.
8:45 p.m. Appl. No. 3564 -
JOHN DEMPSEY/ROB1N
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 1o-
cato proposed dwelling with an
insufficient setback from top of
bluff along the Long Island
Sound, per Article XI, Section
100-119.2. Location of Property:
Extending at the north end of a
private right-of-way (traveled
over lands of Bokina from the
north side of Bridge Lane Exten-
sion and Oregon Read 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 Read, 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 tothe 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 P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
5756-1TO29
O.,TIC OF
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
lbllowing hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on TUESDAY,
NOVEMBER 10~ 1987 at the
following times:
7:30 p.m. Appl. No. 3677-
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
Ill, Section 100-31 Bulk
Scheduie, for approval of decks
attached to dwelling with insuf-
ficient rear and front yard set-
backs, 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. App!. No. 3675-
RICHARD MULLEN, JR,
Variance to the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission'to construct showroom
addition with an insufficient
frontyard setback from the
north property line. Location of
and'the,East Side of Gotmge
Place, Southold, NY; County
Tax Map Parcel No.
t000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674-
RICHARD MULLEN, .IR.
Special Exception to the Zoning
Ordinance, Article VI1, 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-17 General
Business Zoning District. Loca-
tion of Property: Corner of
Main Road and East Side of
Cottage Place, Southold, NY,
1000-62-3-19 and 20.
7:45 p.m. Appl. No. 3684-
WILLIAM AND VERA
MOLCHAN. Variance to the
Zoning Ordinance, Article I11,
Section 100-32, for permission
to locate accessory inground
swimming pool, decks, and
fence enclosure in the frontyard
area (in excess of 300 feet from
the front property line) at
premises located along Itle north
side oF Rulh Road (north oF
Sunsel Drivel, Mattituck, NY
County 'Pax Map Parcel No.
1000-1
Appl. No. 3514-
GEORG~ p. SCHADF.
Variances 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
t~e 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-
~, Variance to
the Zouing Ordinance, Article
XI, Section 100-119.2 for per-
mission to locate inground
swimming pool, decks and fence
enclosure with an insufficient
setback from the top of bluff
along the Long Island Sound.
Location of Property: north side
of The Strand, Lot No. 124,
Map of Pebble Beach Farms,
East Marion, NY; County Tax
Map Pamel No. 1000-30-2-74.
8.'00 p.m. Appl No. 3680-
LEONARDUS AND MARIF
VANOUDENALLEN. Variance
t~ce, Arti-
cle 111, 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-'~
GEORGE L. PENNY INC.!
Variance'to the Zoning Or-/
dinance. Article XI, Section]
100-119.1, for permission to erect /
fence in the fromyard area at a k,x
height not to exceed 6t/2 feet. '~
Location oF Property: North \
Side of Sound Avenue (or \
North Road), and the South }
SideoFC.R, 48, (Middle RoadL J
Mattituck. NY; County Tax ./
,~P'arcel No. I0~)-141-3-38.1. /'
8:10 p.m. Appl.
GEORGE L.
INC./JERRY SH~AN
Special Exception to the Zoiling
Ordinance, Article VIII, Section
100-80(B) for permission to use
exisling sIorage building for
wa~housing and storage of
lumber and building materials
and supplies, in conjunction
with the ~isting lumberyard op-
posite Sound Avenue. Zone
District: "C~L~ ~i~'
Loca on 6f Prop~r[y~ 'gou~
S de of ~und Avenue ~0r :~0rifi~ '
Road), Mattituck, NY: Co~t~
Tax Map Parcel No.
1~0-141-3-41.
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-
ficient setback From the side
{westerly) property line. Loca-
tion 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 Business.
8:20 p.m. Appl. No. 3671-
ANDRE AND THOMAS
CYBULSKI~ Variance to the
Zoning Ordinance, Article 111,
Section 100-30(A) For permis-
sion to utilize premises for book
publishing operations, whole,ale
book 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
Tax Map Parcel No;'
1000-96-5.1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679-
ROBERT AND DOLORES
~CHISSEL Yariance for per-
mission to construct open deck
addition with an insufficient set-
back frow nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
Map, Lot 9 and part of 8,
Southold, NY; County Tax Map
Parcel No. 1000-80-1-46.
8:45 p.m. Appl No. 3564-
JOHN DEMPSEY/ROBIN
RAEBURN. Variances: (a) for
final approval under New York
Town Law, Section 280-A over
the existing private right-of,way,
and (b) for permission to locate
proposed dwelling with an in-
sufficient setback from top of
bluff along the Long Island
Sound, per Article Xl, Section
100-119.2. Location of Property:
Extending at the north end ora
private right-of-way (traveled
over lands of Bokina from the
nor, th side of Bridge Lane Ex-
tension and Oregon Road in a
northerly direction) to the sub-
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 GAMBINO
;Or-
dinance, Article XI, Section
i00-i19.2 i'ur approval ot me
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.
1000-115-11-10.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be he, ard 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: October '~6, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski.
Board Secretary
]T-I0 '29.87(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 ......................
Sworn to before me this ..................... day of
...... .ff. ......
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 480¢846
Qualified in ~tfffolk County
Commission Expires~ .~/ 19oc~
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 c~OUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765 1809
APPEALS BOARD November 10, 1987
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S. E. Q. R. A.
SERGE DOYEN, .IR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3683
PROJECT NAME: GEORGE L. PENNY, INC.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice ~hat this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to erect fence in the front-
yard area at a height not to exceed 6½ feet.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: N/s of Sound Ave. and the-S/s of C.R. 48,
Mattituck, NY 1000-141-3-38.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short, form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property i~ question JS not located within 300 feet of
tidal wetlands or other critical environmental area.
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
JUDITH T. TERRY
OFFICE OFTHE TOWN CLERK
TOWN OFSOUTHOLD
October 16, 1987
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
TO:
FROM:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3683 , application of George I_.
· Penny, IncfOr a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
180 OLD C~O~THY
i~H~,A~), NY 11901
October 14th, 1987
Southold Town Zoning
Board of Appeals
Main Road
Southold, NY 11971
Re: George L. Penny, Inc.
Dear Sir or Madam:
In connection with a determination by the Building Inspector that
a fence in the front yard cannot exceed four feet in height, we
enclose on behalf of George L. Penny, Inc. an application to
permit the installation of a six and one-half foot chain link
fence at its property at Sound Avenue (North Road), Mattituck, New
York and in this connection enclosed is:
1. Notice of Disapproval;
2. Application in triplicate;
3. Notice to adjacent property owners form;
4. Short EAF form;
5. Four (4) prints of a survey showing existing structures and
proposed location of fence; and
6. A check in the sum of $150.00.
Very truly yours,
Charles R. Cuddj~J
CRC:cz
enclosures
P.S. - Also enclosed is the New York State Title Wetlands form
and Questionnaire.
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
TUESDAY~ NOVEMBER 10, 1987
Appl. No. 3683
Applicant(s) George L. Penny Inc.
Location~of Property: N/s Sound Avenue, Mattituck.
County Tax Map ID No. 1000-]4]- 3 -38.]
Board Members present were: Chairman Goehringer~P~ Goehringer,
Members: Gringonis, Douglass, Doyen and Sawicki.
Absent was: (None) also present were: Victor Lessard, Building Dept.)
Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the
audience.
· .~.~L~The Chairman opened the hearing at 8:05 o'clock P.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey, the most recent
date is March 17, 1982 indicating in red, the proposed area of the
fence which does not go all the way to Middle Road or County Road
48 but does run to Sound Avenue and surrounds most of all the
buildings except for the existing~storage building which is pre-
sently there. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Mr.
Cuddy, would you like to be heard.
MR. CUDDY: Mr. Chairman, members of the Board. My name is Charles
Cuddy. I represent George L. Penny, Inc. I would hand up to the
Board and I would bring it up in just a moment, the return receipts
for the mailing notice. This property, I think most of you are fa-
miliar with, unfortunately presents, to those who are either mal-
contents or who are not happy with their lot, an opportunity to
take things because the property fronts on North Road or Sound
Avenue. A number of materials and bricks and lumber, odds and ends
are stored right at the road front and on the rest of the property
too. Without a fence, it's very very difficult to stop anybody
from taking something. And without a fence~that's over six feet,.
makes it difficult. The ordinance (of course) calls for a four
foot fence. We're asking that in the frontyard as in the rest of
the property, we have a 6% foot fence erected. I don't think that
will change the character of the area or do anything adverse to the
surrounding properties whatsoever. I ask that the Board approve
the application as it is submitted.
CHAIRMAN GOEHRINGER: My only question is that there will be no
barbed wire on this fence in any way? The spikes will mainly be
up just as a stop...
Page 2 - November
Public Hearing-
Southold Z.B.A.
1987
)rge L. Penny,
MR. CUDDY: It's not proposed to have barbed wire.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would
like~.to speak in favor of the application? Anybodyilike to speak
against the application? Questions from Board members? Hearing
no further questions, I'll make a motion closing the hearing, re-
serving decision until later.
Ail in favor - AYE.
GI-IARLES R. (];IJDDY
~.TTOI~E¥ AT LAW
180 OLD C~IJNTRY ROAD (RTE. 58)
P, O. BOX 11~47
I~IVERI-I-EA~, ~ 11901
November 5th, 1987
Mrs. Linda Kowalski
Southold Zoning Board of Appeals
Main Road
Southold, NY 11971
Re: Penny - Special Exception and Variance
Dear Mrs. Kowalski:
Enclosed are the Disclosure Affidavits which I neglected
deliver to you previously.
CRC:cz
enclosures
Very truly yours,
Charles R. Cuddy /)
HAND DELIVERED
to
DISCLOSURE AFFIDAVIT
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
that:GEORGE L. PENNY, IV, being duly sworn, deposes and says
I am President of George L. Penny, Inc., an applicant before
the Zoning Board of Appeals of the Town of Soutbold for a special
exception permit to store lumber and building materials at a
building located at North Road, (Sound Avenue) Mattituck, New
York. George L. Penny, Inc., has entered into a contract of sale
to purchase said premises from its present owners, Jerry Shulman
and Lillian Shulman.
That I reside at Sound View Avenue, Southold, New York.
That I understand that this affidavit is required by Section
809 of the General Municipal Law.
That I am a member of the Town Board of the Town of Southold
and as such am an officer or employee of the Town of Southold.
That as a shareholder and officer of the applicant, I have an
interest in obtaining the relief requested.
That no other officer, director or shareholder of the
applicant is an officer or employee of the State of New York or
of any municipality in the State of New York.
That the only person receiving any payment or benefit, other
than the applicant in connection with this application is the
attorney representing the applicant's corporation.
Sworn, to before me this
/~day of October, 1987
~Notary Public .~
GEOSOE rESa¥, sc. _
p g~L. P~nny, IV )
---* ~ P,. CUDD¥
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Geor.qe L. Penny, Inc.
to the Board of Appeals of the Town of Southold
TO: Mr. Alfred E. Bouffard
Maple Lane, Box 802
Mattituck, NY 11952
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeats of the Town of Southold
to request a (~,~:~;~X~$~KE~;~I~fl~) ~x4~kxR~b~r) [circle choice]
Variance ).
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: Penny Lumber Yard. North Road. (Sound Av~mJ~) Mattit~Jnk: NY
3. That the property which is the subject of such Petition is located in the following zoning district:
"C" Light. lndH~t, ri~l
4. That by such Petition, the undersigned will request the following relief: constructt0n of a
6-1/2 foot high chain link fence.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are .z~'~.c le 100 Sec~c~ l19,1A
[ ] 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: October 15th , 1987
George L. Penny, Inc.
Petitioner
Owners'Names: George L. Penny, Inc.
Post Office Address
&
Main Road, Box 57, Sre~nport, New York
NAME
PROOF OF MAILING OF NOTI~F
ATTACH CERTIFIED MAIL RECEIPTS
ADDRES~S
Alfred E. Bouffard - Maple Lane, Box 802, Mattituck, New York
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
55.:
, residing at
, being duly sworn, deposes and says that on the __ day
of ,1 9 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of October
,19 87
Notary Public
(This side does not have
property owners.)
to be
completed on form transmitted to adjoining
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
George L. Penny: Inc. :
to the Board of Appeals of the Town of Southold :
TO:
Mr. & Mrs. Alfred E. Bouffard
Maple Lane, Box 802
Mattituck, NY 11952
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is tl~e intention of the undersigned to petition the Board of Appeals of the Town of 5outhold
to request a~Ir~N~R~l~) (SI~K~I:IL~14i~n) (~glt{~gel~K~)XX~K;~v~9 [circle choice]
Varianc&
).
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: Penny Lumber Yard, North Road, (Sound Avenue), Mattituck, New York
3. That the property which is the subject of such Petition is located in the following zoning district:
"C" Light Industrial
4. That by such Petition, the undersigned will request the following relief: constructJon of a
6-1/2 foot high chain link fence.
5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
signed are A~Cicle 100 :~c:t~o~ 119.1A
[ ] 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 Southoid and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: October 15th 1987
George L. Penny, Inc.
Petitioner
Owners'Names: George L. Penny, Inc.
Post Office Address
Main Road, Box 57, Greenport, NY 11944
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Mr. & Mrs. Alfred E.Bouffard - Maple Lane, Box 802, Mattituck, NY
Mr. Alfred E. Bouffard - Maple Lane, Box 802, Mattituck, NY 11952
Mr. Edward Parrish - 11Wiltshire Court, Sterling, VA
Mr. & Mrs. Edward Parrish - 11Wiltshire Court, Sterling, VA
Mr. & Mrs. Harry G. Charkow - P.O. Box 215, Mattituck, NY 11952
Mr. & Mrs. Jefferson Stova11.- P.O. Box 422, Mattituck, NY 11952
State of New York - Hostel #1077, Albany, NY 12200
11952
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
P 429 502 342
~qEC~IPl ~'OI~CERTIF FD MAIL
Alfred E. Bouffard
Mattttuck, NY 11952
Christine Zaweski , residing at Ostrander Ave., Rtverhead, New York
, being duly sworn, deposes and says that on the ]Sth day
of 0ctob~r ,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 Rtverhead. New York
(certified) (~1~) mail.
Sworn to before me this /O~
day of October ,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.)
Page 4 Notice of Hearings
Southold Town Board of Appeals
Tues~ay,-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 Dlvd, Southold, NY 11971
11738
Mr. John Bertani, 1380 Oakwood Drive, Southold, ~Y 11971 (for Mullen Motors
Mr. and Mrs. William Molchan, Box 1197, Mattituck, NY 11952
Mr. Henry E. Raynor (Agent for George P. Schade), P.O. Drawer A,
Jamesport, NY 11947
Mr. Nick Mihalios, 23-50 31st St, Astoria, NY lll05
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. Bruer, Esq., (Attorney for J. Dempsey), Main Road, Southold
Philip J. Cardinale, Esq. (Attorney for T. Bokina),
Jamesport Center, Jamesport, NY 11947
Mr. Ted Bokina, Pinewood Road, Cutchogue, NY 11935
Stephen R. Angel, Esq., 108 East Main St., Box 279, Riverhead, NY 11901
(Attorney for M. Murphy)
1197
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 Lupron Point Road, Mattituck, NY 11952
NY 11952
Suffolk Times, Inc.
Personal Delivery
L.I. Traveler-Watchman, Inc.
Posted on Town Rall 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).
SHORT ENVIRO}~ME~;TAL ASSESSmeNT FORM
,~NST~UCT~OES~
(a) In order to answer the questions in this short EAF is is assumed that the
preparer will use currently available inform~tion concerning the project and the
likely impacts of the action. It is not expected that additional studies, research
or other investigations will he undertaken.
(b) If any question has been answered Yes the project may be significant and
ccmpleted Environmental Assessment Form is necessarT.
(c) If all questions have been answered No it is likely that this project is
n o...~% significant.
(d) ~nvirstumental .Assessment
1. Will project result in a large physical change
to the project site or physically alter mots
than 10 acres of land? . · · .... Yes X
2. Will there be a major change to ant unique or
unusual land form found on the site? Yes X' No
3. Will project alter or have a large effect on
an existing body of water? . . · . . Yes X No
&. WLI! project have a potentially largo impac~ on
groundwater quality? · . , , · o · Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? · , · · · · · Yes X }1o
6. Will project affect any threatened or endangered
-plant er anLmal species? . ..... .... Yes X
7. Will project result in a major adverse effect on
air quality? · · . . · · · · Yes X No
8. WLll project have a major effect on visual char-
known to be important to the community? , · . -- Yes. X.. No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmcnt.~l area by a local agency? · . . Ye~ X No
10. Will project have a major effect on existing or
future recreational opportunities? · · . Yes X No
11. Will project.result' in major traffic problems or
Y~s X No
12·
13.
iL.
Will project regularly cause objectionable odors,
noise, glare, vibratmon, or electrical disturb-
ance as a result of the project's operation? ;
Will project have any impact on public health or
Will project Affect the exis%lnE commun~%7 by
directly causing a growth ~n permanent
tion of more than 5 percent over a cne-year
period or have a major negative effect on the
character of the con.unity ~r neighborhood?.
Yes X No
Yes X No
Yes X
15. lis there publ/~ontroversy concerning, ~he project;? -- Yes X____ No
?REPARER'$ SIGNATYSRE: , (~-~ _~.,~ TITLE:
.... George L. Penny, Inc. ~ Octpber 15 1987
R.PR.S:JTI.,G. DATE: ,
October ']5th,
$outho!d Town Board of Agpeals
}lain Road
Sou=hold, }fY 11971
Appeal Ap.ol~catton oK George L..Penny, Inc.
Location of Property: N~ortn ~o~d, maz~ituck, N~w Yu, k
1987
Zn reference to the New York State Tidal Wetlands Land-Us
Regulations, 6 NYCRR, Part 661, and Article 25 of the Hew York
Stone. Environmental Conservation Law, please be advised that
."ubject property l.n the within appeal application:
(pI,.a.. check o~e box)
,' . !
[ ] M,~y bo loca~.d .w£~hin 300 feet of tidal wetland~
how,~.ver, cons=rutted along the wa~er-lying
of this prope~'ty i= a bulkh.~ad in very good
~- condition and at least lO0 feet in ¢length. ~
~ ] May b'e 'located wi:shin 300 feet of tidal wetlands
howe,;or, cons~.ructcd along the wa:e'r- ,
ly...= edge
of thi~ proper:y is a bul.'.:head in need of (mAnor)
(major} repairs, and appr.~:cimate!y feet in
length. -
May bo located within 300 feet of tidal wetlands;
however, constr%~cted along the %;ater-lying edge
of this propcr:y is a bulkhead less than 100 fee:
in length.
May be located ' ' ' : .%
· .~thzn 300 feet of t,da~ wetlands;
and there is no bulkhead or concrete wall ezis~n
'on the premise~.
Is not located within 300 feet of tidal Wetlands
to ~Jle bes~ Of lJ]y knowledge.,
[!:tarrcd items
not appear to fall wi=hie the
your D" ~ -.
o'J thc ll,y.$, D.E.C.
Sincerely you.-.s,
GEORGE L. PENNY, INC.,
~:OT:: If ;ro;o~cd project
approval mus: be received and sui;mit=dd to our office before
Your aupl]cntion Can be scheduled loc a public hearing.
_Q~_~STION~I,)~B TO BE COMPLETED AND SUBMITTED
WITH YOUR AP~PLICATION FORMS TO THE BOARD OF .APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
Yes No
2.a)
*b)
3.
4.
5.
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
Are there any areas open to a waterway without bulkhead? Yes
Are t~ere existing structures at or below ground level,
such as patios, foundations, etc? Yes
Are the~e any existing or proposed fences, concrete
barriers, decks, etc? y~
or
above
ft. Yes
If project is proposed for an accessory building
structure, is total height at more than 18 feet
average ground level? State total:
e
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground l~l? State total: ft.
Yes Nc
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 your ownership,Jif any)?
State Permit # and Nature:
Yes
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board Yes
Town Board Yes Nc
Town Trustees Yes N--~
County Health Department Yes Nc
Village' of Greenport Yes
N.Y.S.D.E.C. Yes
Other Yes
10. Is premises pending a ~ale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from cont'ract). Yes
ll. Is new construction proposed in the area of contours
at 5 feet or less as exists?
Yes N~
12~ If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under Yes
the requirements of Ch. 97 of the Town Code?
13. Please list present use or operations conducted upon the
subject pr.operty at this time storage and sale of lumber&building supplies
and proposed the same
*Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in cons~ider~c~g my. application.
GEORGE L. PENNY, INC. /y~//~x~-7 ~ .~.~-~"--~
Signa:ure ~X)(~()~QfX)~ ~/~ut~9~ized-Agent.1 ' .U .
uy: ueot?rey L. Penny, vice vr~sioent
3/8,7 lk
LUMJ~ER STORAGE
LLI~8~E~, STORAG?: BUILDING
LONG I'SLAND ~,ILR, OA, D CO.
MAP OF PROPERTY
OF
GF02C~: L. P~N~Y,
$?
l\
37
° ROAD
COUNTy ~,O'UT~ Z7.
' . ~'~ ~ r ~ - - ~cu~
BUILD~ F~A,Mg ~oo~ ~ L~- ~.~ '~'.~,
/ :, x
L U~I~EII STORAGE
LUMI~ER 5TOItAG[ BUILDING
LONG ISL',ND R~,ILP. OAD CO.
°NOTE o
BUILDING LOCAT ION5
~PP E. OY,,I MATE ONLY
M/~P OF PROPERTY
GEORGE L. INC.
SITU/~,TE .&T
MATTITUCK
-TOWN OF $OUTHOLD ~,
SCALE o 40': I"
IRON PIPE
MONUMENT
MAP COMPILED =
APRIL 14% 1972
VAN TU'VL a' 50N
LICENSED LAND SURVEYORS
GRIEENPOR, T ~ NEW YORK,