HomeMy WebLinkAbout3535
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3535
Application Dated July ]6, ]986
TO: North Fork Friends of Kenyon Tuthill
P.O. Box 766
Southold, NY 11971
[Appellant(s)]
Mr. William F. LaMorte, 895 North Bayview Road, Southold, NY 11971
At a~ Meeti~'~'~'~c~ii~"Board of Appeals held on ~U~ust 14, 1986
the above a~pe~l'~bnsidered, 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 III , Section 100-30
[ ] Request for
Application of NORTH FORK FRIENDS OF KENYON TUTHILL for a Variance
to the Zoning Ordinance, Article III, Section 100-30 for permission to
use premises for a special fund-raising event in conjunction with fire-
works display, at premises of .W.F. and T.A. LaMorte, 895 North Bayview
Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to
20.21, inclusive).
WHEREAS, a public hearing was held and concluded on August 14, 1986
in the Matter of the Application of N.F. FRIENDS OF KENYON TUTHILL under
Appeal No. 3535; 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, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
By this application, appellant requests a Variance to the
Zoning Ordinance under the provisions of Article III, Section 100-30
for permission to hold a private "one-day special fund-raising
event" to be held on private property known and referred to as
895 North Bayview Road, Hamlet of Southold, with a maximum attend-
ance of 400 persons. The event is conducted by volunteers,
and will be supervised by 50 volunteer police officers as well
as other local supervision. There will be no minors under the
age of twenty-one years of age. Access and egress to the event
will be via a paved, two-way driveway off the east side of North
Bayview Road. On-site parking is to be directed and supervised
for 200 cars adjacent to an open field, for a total area of
43,200 sq. ft. A tent will be erected near the parking area
of a size approximately 100' by 75'. A minimum of six portable
toilet facilities will be provided. A certificate of insurance
#172 was issued July 15, 1986 by the Lexington Insurance Company
(CONTINUED ON PAGE TWO)
DATED: August 15, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3535
Matter of N.F. FRIENDS OF KENYON TUTHILL
Decision Rendered August 14, 1986
for August 29, 1986, or rain date of August 30, 1986.
By action taken by the Southold Town Board on July 15,
1986, a Public Display of Fireworks Permit was issued by the
Town Clerk dated July 18, 1986, to be held as conditionally
noted therein.
It is also noted for the record that presently under
review and consideration by the Town of Southold is a local
law for public assemblies, and a public hearing and final
action is expected in the near future.
In considering this appeal, the board finds and determines:
(a) that the use proposed is not inconsistent with the general
purposes of the intent of zoning; (b) the circumstances are
unique; (c) the temporary use applied for will not alter the
essential character of the neighborhood; (d) the use will not
prevent the orderly and reasonable use of this district or
adjacent use districts; (e) the safety, health, welfare,
comfort, convenience and order of the town will not be adversely
affected by this temporary use; (f) the interests of justice
will best be served by allowing the variance, for the date
requested.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, that a Variance for permission to hold private
fund-raising event for August 29, 1986, or rain date of August 30,
1986, in the Matter of the Application of NORTH FORK FRIENDS OF
KENYON TUTHILL be and hereby is APPROVED AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk
i F. CEIVED AND FILED BY
~ SOUTHOLD TOWN CT.~RK~
DATE ~//j~/~
GERARD P. GOEHRINGER, C"HAIRMAN
August 15, 1986
Page 2 Notice of Hearings
August 14, 1986 Regular Meeting
Southold Town Board of Appeals
8:10 p.m. Appeal No. 3530 R~.YMOND T. GOODWIN. Variances
to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk
Schedule, for permission to construct kitchen addition with an
insufficient westerly sideyard setback and insufficient total
sideyards; (2) Article XI, Section 100-119.2(B) for permission
to construct kitchen and deck additions with an insufficient
setback from the highwater mark along Peconic Bay, at 4450 Peconic
Bay Boulevard, Laurel, NY; County Ta× Map Parcel No. 1000-128-4-22.2.
8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for permission to locate single-family dwelling
structure within 75 feet of ordinary highwater mark..along Orient
Harbor. location of Property: West Side of Bay Avenue, Orient,
NY; County Tax Map P-arcel No. 1000-26-1-8.
8:20 p.m. Appeal No. 3539 MICHAEL HERBERT. Special Excep-
tion to the Zoning Ordinance, Article III, Section 100~30(B)[16]
for permission to establish "Bed and Breakfast use, "an owner-
occupied building, other than a hotel, where lodging and breakfast
is provided for not more than six casual, transient roomers, and
renting of not more than three rooms. Location of Property:
795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 10C0-
140-2-23. Zoning District: "A" Residential and Agricultural.
8:25 p.m. Appeal No. 3442 JOHN J. NEWMAN. Variance to
the Zoning ~dinance, Article XI, Section 100-119.2(B) for
permission to construct additions to dwelling within 75 feet
of high water and existing bulkhead along James Creek, at
430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel
No. 1000-144-5-29.1 and 30.
Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON
TUTHILL. Variance to the Zoning Ordinance~ Article III,
Section 100-30 for permission to use premises for a special
fund-raising event ~n conjunction w~th fireworks display, at
premises of W.F. and T.A. LaMorte, 895 North Bayview Road,
Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1
to 20.21, inclusive).
Notice of Hearings
' August] 14, 1986 Regular Meeting
Southlold Town Board of Appeals
8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON. Variances
for: (1) Building Inspector to issue building permit allowing
existing structure to be weatherized, prior to final 280-a
access approval, and (2) approval of access in accordance
with New York Town Law, Section 280-a~ o~er private right-of-way
extending from the northerly end of Bridge Lane Extension and
Oregon Road, over lands of~ Bokina,~dentified on the Suffolk
County Tax Maps as 1000~73-2-4, to premises of Johnston,
identifie~ on the Suffolk County Tax Maps as 1000-73-2-1.
9:00 p.m. Appeal No. 3513 - STEPHEN SHtLOWITZ. Variance
to the Zoning Ordinance, Article X~, Section 100~119.2(B) for
permission to construct condominium complexes within 75 feet
of bulkhead and tidal water, at the west side of Sixth Street,
Greenport, NY; 1000-49~01~25.1. Zone District: "M-Light Mul-
tiple'' Residence.
The~Board of Appeals mill hear at said time and place all
persons or representatives desiring to be heard in each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the subject hearing. For more information,
please call 765=1809.
Dated: Jul~ 17, 1986.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTIO~ NEWSPAPERS: Please publish Thursday, Ju_]ly 31, 1986
and forward two affidavits of publication on or before August 5th
to: Board of Appeals, Main Road, Southold, NY 11971.
Copies to the 'Following 7/28/86:
Personal Delivery: Suffolk Times, Inc~
L.I. Traveler-Watchman, Inc.
By Hand: Henry Raynor for Thomas Shalvey
By Mail: i. Re: M. Herbert
Mrs: Patricia C. Moore, Rudolph H. Bruer Law Office, Southold~ NY 1i971 /
Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN.
Mr. and Mrs. George BKown, t50 Briarwood Lane, Cutchogue, bT~-~ g35'
Anthony B. To'~ill, Esq. ~S'~ttorney for
Mr.'and MK~.~ William Heins
Mr. and Mrs, Arthur Barns'
Mr. and Mrs. Wil'~iam Heins, Main Ro~d, Orient, NY 11957
Mr. and Mrs. William LaMorte~and NF Friends of K. TuthilI
Mr; and Mrs, AF~hur Burns, 3525 Private Road #1~ Mattituck, NY 11952
Mr. J..Dougias Peix) 208 Fifth A~enue, New Yo~k, NY lOOlO for RACZ
Gail~DeS~im~z!']~n~:Michael ~acz, 208 Fifth Avenue, New York, NY lO'lO
~.~ha.rtes MatthewS, Esq., Box 800, Huntington, NY 11743
Abigail A, Wickham, 'Esq. as Attorney for
Mr'. and Mrs. R'aymo. nd T. GoOdwi.n
~r.o :and Mrs. John BredemByer
Mr. and Mrs. John J. New,an
Philip.J., Caedin. ale, Es.q. Re: Johnston (Bokina)
Michael J. Hal), .Esq. as Attorney for Becky Johnston
· ~tephen R~ Angel, Eso ~ Attorne~ for Stephen Shilowitz
La,re,ce Storm, Eso ~torne~ ~or R. Strong and others
Mr. and ~r,s.. Rober~ g, ~oo..~ere ~ddress.
FORM NO. 3
TOBrN OF SOUTI~OLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
To a~..,k/.~.."~,v~.,..~..~.,.~,,,,.7,,,rx~ · , ,':
. .~. ~.~. ~...g.:. ~:. ~.v./. .....
County 'rax Map No. 1000 Section ....~.0 ..... Block .... ~ .B ....... Lot .... ~ ~ .'. ~
8ubdividon ' Fi/ed Map No Lot No
is termed he.with and d~approved on the follow~g gro~ds ............. ~ ....
.................................................................
Building Inspector
RV 1/80
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~
DATE 7/11/86
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y.
NO S OF ............................................................................
,, (We) ...... .............................. of P.o. 766
Name of Appellant' Street and Number
(N.F.F. of Kenyon Tuthill)
SOUTHOLD, NEW YORK HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALStFoP~)oA~dTHE DECISION OF THE BUILDING INSPECTOR ON
7/8/86
APPLICATION FOR PERMIT ~ special fund- .... DATED
ralslng event
WHEREBY THE BUILDING INSPECTOR DENIED TO
N.F.F. OF KENYON TUTHILL
Name of Applicant for permit
of P.O. BOX 766 SOUTHOLD
NEW YORK
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO HOLD SPECIAL FUND-RAISING EVENT
LOCATION OF THE PROPERTY 895 North Bayview Road "A" Res /Agri.
Street Use District on Zoning Map
.............................................................................. Current Owner
/Map No. Lot, No.
WILLIAM P. LA MORTE
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 III, Section 100-30
3. TYPE OF APPEAL Appeal is made herewith for
(×) A VARIANCE to the Zoning Ordir~ence 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
( )
(x)
( )
4. PREVIOUS APPEAL A previous appeal (h~ (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 e variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is reRuested for the reason that the NORTH FORK FRIENDS OF KENYON TUTHILL wish to
hold a special fUnd-raising event (to include a fireworks display) for
injured Suffolk County police officer and Mattituck resident, Kenyon Tuthill.
l~rm ZB!
(Continue on other side)
,!
REASON FOP-, APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becau~ this fund-raising event could not be held without the
generous contributions of the LaMorte family at whose property said event
will take place and the Grucci family who has offerer an exceptional donation
to benefit this North Fork hero. The Grucci family has volunteered their
time, labor as well as fireworks valued at thousands of dollars for this event
to be held on August 29, 1986o
2 The hardsh p created is UNIQUE and is not shared ay;ali properties alike in the immediate
vicinit) of this property and in this use district because the circumstances under which
this varzance is requested are anique in themselves. The applicant believes
that the granting of this variance will no~ only benefit Kenyon Tuthill and
his family but the generous citizens of the North Fork as well.
3 Tine ~arlance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this fund-raising evenn is for one evening
only to be held in conjunction with the fire-works display. The character
of the district will remain unchanged.
ST^- E NEW YO K
) ss ...... : .................................... ..-C.. ...............
COUNTY OF SUFFOLK ) ~JOAN E. ~IN~, Signature Secretary
N.F.F. of Kenyon Tuthill Fund-Raising Committee
Sworn to th~s ..!~ .................................... day of .................. ~n%~ .............................. !9 86.
Notary Public
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
Town Law and the Code of the
public hearings will be held
APPEALS at the Southold Town
a Regular Meeting commencing
AUGUST 14, 1986 and as
pursuant to Section 267 of the
Town of Southold, the following
by the SOUTHOLD TOWN BOARD OF
Hall, Main Road, Southold, NY at
at 7:30 p-m. on THURSDAY,
follows:
7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN. Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for permission to construct deck addition to dwelling
with reduction of existing nonconforming sideyard setback, at
150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel
No. 1000-t36-1-3.
7:40 p.m. Appeal No. 3477 WILLIAMTAND KATHERINE HEINS.
Variance to the Zoning Ordinance~ Art-icle III, Section lO0-31,
Bulk Schedule, for approval of insufficient area, width and
depth of two parcels in this propos.ed division or set-off of
land located along the north side of Main Road, Orient, NY;
County Tax Map Parcels No. 1000-19-2-5 and 6.
7:50 p.m. Appeal No. 3520 THOMAS SHALVEY. Variance to
the Zoning. Ordinance, Article III, Section 100-31, Bulk
Schedule~- for approval of insufficient area, width and depth
of two parcels qn this proposed division or set-off of land
located along the south side of Case Road, Cutchogue, NY;
County Tax Map Parcels No. 1000-116-2-15 and 16.
7:55 p.m. Appeal No. 3532 ARTHUR AND BERNADETTE BURNS.
Variance to the Zoning Ordinance, Arti¢le~III~ Section6]100-30(C)
and 100~32, for'permission to construct accessory tennis court
in the frontyard area, at 3525 Private Road #13 (right-of-way
extending off the end of Ruth Road), Mattituc'k; County Tax Map
Parcel No. 1000-105-1-4.
8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ.
Variance for approval of access, New York Town Law, Section 280-a,
over private right-of-way known as Hallock Lane and referred to
as Private Road #10, extending off the north side of Sound Avenue,
Mattituck, New York,(over and along lands of Charles Simmons and
Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and
to Parcel No. 1000-112'~1-4.
OWN ER
FORMER OWNER
STREET
Vi LLAGE
E ACR.
SUB. LOT /_
W
'TYPE OF BUILDING
RES,
LAND
Tfllabl~
Wo6dland -' <
Meadowbnd ,
House Plot"
Total
SEAS.
IMP.
FARM
TOTAL DATE
COMM. CB, MICS. Mkt. Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
Southold Town Board of Appeals
MAIN ROAD- STATE RDAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809 '"
APPEALS BOARD
MEMBERS
August 14, 1986
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR, S.E.Q.R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATI~'E ENVIRONMENTAL DECLAP~ATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3535
PROJECT NAME: NORTH FORK FRIENDS OF KENYON TUTHILI
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 To%rn of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
for
particularly kno%rn as:
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: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to use portion of premises
special fundraising event in conjunction with fireworks permit.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
895 North Bayview Road, South0]d.
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the envirorunent are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use of premises and
is not directly related to construction. Fireworks display permit
under authority of the Town Board only.
FOR FURTHER INFOP~ATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
lk
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF N.F. FRIENDS OF KENYON TUTHILL
THURSDAY, AUGUST 14, 1986 PUBLIC HEARING
9:00 p.m. Appeal No. 3535 POublic Hearing commenced in the
Matter of N.F. FRIENDS OF KENYON TUTHILL. Variance to use
premises for a special fundraising event in conjunction with
fireworks display. 895 N. Bayview Road, Southold.
'The Chairman 're~ the legal notice and application for the
record
CHAIRMAN GOEHRINGER: I have a copy of a portion of map of
a greater.portion of the LaMorte Property indicating in
yellow the existing driveway areas and the areas of parking,
and the fireworks staging area for the event. And I have a
copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Is there somebody that
would like to be heard?
BILL McGUNNIGLE: Good evening. My name is Bill McGunnigle
and I represent the North Fork Friends of Ken Tuthill. I
have you a coveriletter covering the event as you clearly
explained. All we're doing is we are having a party, a
fireworks display, a dance, to raise money for Ken and his
Family. I brought my cover letter with me and I'd just like
to know if there are any questions-maybe I could answer them
for you.
CHAIRMAN: Would you like to read the cover letter maybe into
the record?
MR. McGUNNIGLE: Yes, please. Southold Town Zoning Board of
Appeals. Attention Mrs. Kowalski. The North Fork Friends
of Kenyon Tuthill have submitted a variance permit to hold
a fundraising event on August 29, 1986 from 7 to ll p.m.
Grucci Fireworks will be displayed at the event and proper
procedures for holding the fireworks display according to
law shall be strictly upheld. The event will be held on the
property of William LaMorte, North Bayview Road and Pine Neck
Road, S6uthold~ New York. We have heretofore delivered a
survey of said premises to your office. We're going to have
400 people attend this event w~h will also consist of
dancing, music, alcoholic beverages, hors d'oeuvres. The
Tolendal Inn and Half Shell Republic, formerly known as the
Coach Stoppe, will cater this event with professional bartenders
Page 2 - August 14, 1986
Public Hearing-N.F. Friends Ken Tuthill
Southold Town Board of Appeals
MR. McGUNNIGLE (continued):
in attendance. Parking will be provided for 200 cars, in'a
270 by 180 ft. plot adjacent to an open field, for a total of
43,200 sq. ft., which will provide parking for 200 vehicles,
l0 by 20 per car--see survey supplied for diagram of parking
ar~a. Parking will be directed by volunteers. A tent will
be erected near the parking area. The size of the same will
be approximately lO0 by 75 feet and a dance floor will be
placed beneath the same. Portable toilet facilities will
be provided for a total of six. Access and egress to the
event will be via paved two-way driveway located on Pine Neck
Road, as well as an asphalt two-way driveway on North Bayview
Road--see attached survey. The event will be supervised by
50 volunteer police officers and by on-duty police officers
as well. There will be no minor under 21 years of age in
attendance. Appropriate insurance for the fireworks display
insuring Southold Town, the property owner, as well as the
Grucci Family has been arranged. I have my copies of the
insurance, and I also have the fireworks permit.
CHAIRMAN: Do you have dopies for us?
MR. McGUNNIGLE: Yes.
CHAIRMAN: Wonderful. Can we have them. (Mr. McGunnigle
gave copies of the insurance policy and showed the fireworks
permit, which the Secretary said is on file with'the office.)
Thank you very much, Sir. Is there anybody else that would
like to speak in favor of the event? Against the event?
(None) Hearing no further questions, I'll make a motion
closing the hearing and reserving decision until later.
Thank you very much for coming in.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
DEPARTMENT OF PLANNING;
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
PETER F. COHAL-AN
~iUFFOLK COUNTY EX~:CUTIVE[
360-5206
LEE £, KOPPELMAN
August 26, 1986
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, 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}
Howard Reinhart & Charles Hydell
Andrew & William Goodale
North Fork Ban Corp.
~o' & Mrs. Richard McManus
rth Fork Friends of Kenyon Tuthill
3515
3521
3522
3528
3535
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:gcc
S/s Gerald G. Newman
Chief Planner
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- BTATE RnAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
September 4, 1986
Mrs. Otto Sinramm
1330 Clearview Avenue
Southold, NY 11971
Re: Appeal No. 3535 - NF Friends o£ Kenyon Tuthill (Variance)
Dear Mrs. Sinramm:
As mentioned on the telephone today, the official
written determination was prepared and filed with the
Town Clerk's Office the day following the hearing, to
wit: August 15, 1986, and a copy of same was transmitted
by mail to the address given on the application as
instructed, at P.O. Box 766, Southold, NY 11971, on 8/15/86.
An additional copy is transmitted for your file.
Yours very truly,
Enclosures
Linda Kowalski
Board Secretary
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
August 15, 1986
North Fork Friends of
P.O. Box 766
Southold, NY 11971
Kenyon Tuthill
Re: Appeal No. 3535 (Variance)
Gentlemen:
Attached hereto is a copy of the official findings and
determination recently render.ed and filed this date with the
Office of the Clerk c.oncerning the above matter.
In the event your application has been approved, please
be sure to return to the Building Department for approval of
any new construction, in writing, or other documents as may
be applicable.
If this application'involves a pending subdivision or
site plan, plea.se return to the Planning Board for further
processing by their office.
Please do not hesitate-to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Mr. William F. LaMorte
GERARD P. GOEHRINGER
CNAIRMAN
By Linda Kowalski
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 RnAD- STATE RnAD 2.5 Sr'IUTHE]LD. L.I., N.Y. 119'7'1
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article III, Sectionlo0-30
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal N0.:3535 Applicant: North Fork Friends of Kenyon Tuthill
[0cation of Affected Land:895 North Bayview Rd., Southold NY
County Tax Map Item No.: 1000-70-13-20 (20.1 to 20.21, inclusive)
Within 500 feet of:
Town or Village Boundary Line
XX
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
or
Exi.sting or Proposed Right-of Way of Any Stream or Drainage
Owned by the County or for Which The County Has Established
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
Channel
Channel
COMMENTS: Applicant is requesting permission topermission to use premises
for a special fund-raisin? event ~n onnj~nnf~nn w~fh f~r~wnrW~ di~plmy
Copies of Town file and related documents enclosed for your review.
Dated: Aug. 22, 1986
Secretary, Board of Appeals
Southold Town zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
August 12, 1986
Attention of : Mrs. Linda Kowalski
RE: KENYON TUTHILL FUND-RAISING BENEFIT
Dear Mrs. Kowalski:
The North Fork Friends of Kenyon Tuthill have submitted a Variance
Permit to hold a fund-raising benefit on August 29, 1986 (7-11 PM).
Grucci Fireworks will be displayed at this event and proper procedures
for holding a fireworks display, according to law, shall be strictly
upheld.
This event will be held on the property of william LaMorte, North
Bayview Road (and Pine Neck Road), Southold, New York, and we have
heretofore delivered a survey of said premises to your office. We
plan to have 400 people attend this event which will also consist of
dancing, music, alcoholic beverages, hors d'oeuvres. The Tolendal and
1/2 shell Republic (formerly known as Coach Stoppe) will cater this
event with professional bartenders in attendance.
Parking will be provided for 200 hundred cars on a 270' by 180' plot,
adjacent to an open field, a total of 43,200 square feet, which will
provide parking for 200 vehicles, (10'x20' per car) (see survey
supplied for diagram of parking area). Parking will be directed by
volunteers. A tent will be erected near the parking area, the size of
same will be approximately 100'x75' and a dance floor will be placed
beneath same. Portable toilet facilities will also be provided (a
total of 6).
Access and egress to the event will be via a paved, two-way driveway
located on Pine Neck Road as well as an asphalt two-way driveway on
North Bayview Road (see survey).
The event will be supervised by 50 volunteer police officers and by
on-duty police officers as well. There will be no minor under
twenty-one years of age.
Appropriate insurance for the firework display insuring Southold Town,
the property owner, as well as the Grucci family has been arranged.
Sincerely,
NORTH FORK FRIENDS OF
KENYON TUTHILL
(N.F.F. Kenyon Tuthill)
ISSUE DATE (MM/DD/YY)
Wcghorn Island AgencT, Inc.
3 lhrbor Road
Cold Spring lhrbor, NY 11724
INSURED
F~ Pyroted~nic Prcx]ucts Co., Inc.
Fir~.~orks by G~cci
Association Rond
px211Dor t, hi'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INF~MATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
COMPANIES AFFORDING COVERAGE
COMPANY A Lexington Insurance Company
LETTER
COMPANY
LETTER B
COMPANY
LETTER C
COMPANY D
LETTER
COMPANY E
LETTER
? Htb :~ TO CERTIFY THAT POLICtES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOT %%~ ~ HS] ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU~T WITH RESPECT TO WHICH THIS CERTIFICATE MAY
B~ ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POMClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
AUTOI~OBILE LIA-BILIT Y-
ALL OWNED UTOS (PRIV PASS
Certificate #
]~nin Date August 30, 1986
Location of DJ.r;] ].ay Pro' owned
DESCRIPTION OF OPERAI'IONS/LOCA1 IONSNEHICLESISPECIAL ITEMS
Additional Insur~l only as resl~s ~e F~orks Display
~.F.F. Kenyon Tuthill~ William F. La~orte
LIABILITY LIMI1,S IN THOUSANDS
.L~, UUU ~
$
PERSONAL INJURY
$
$
$
STATUTORY
F. LaMort ,
(EACH ACCIDENT)
(DISEASE EACH EMPLOYEE)
Southold, _NY .....
Town of Southold,
I ~ SHOULD ANY OF THE ABOVE DEemeD POLICIES BE CANCELLED BEFORE THE EX-
PIRATI DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
O~icer Otto Sinramm
~ i~30 Clearview Avenue ~0
MAIL
DAYS ~N NOTICE TO THE CERTIFICATE HO~R N~ED TO THE
.I -,
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
July 22, 1986
Mr. William F. La Morte
895 North Bayview Road
Southold, NY 11971
Re: Appeal No. 3535-North Fork Friends of Kenyon Tuthill
Dear Mr. La Morte:
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 a}.may be required
by State and Local Laws prior to their scheduling_your application
for public he~ring.
Although the earliest available date for public hearing at
this t~me is on or about August 14th, written confirmation will
be sent to you within the next couple of weeks. A copy of the
legal notice of hearings will be seot to you prior to publication
~n the Suffolk Times and L.I, Traveler-Wa~chm~n by our_office.
Please feel free to call if you have any questions.
Yours very t~uly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda K0walski
cc: North Fork Friends of Kenyon Tuthill
JLII)ITIt T. TERRY
IOWN ('L}. R K
REGISTR^R OF ¥IT^L STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
July 16, 1986
Southold Town Board of Appeals
Southold Town Hall
Southold, New York 11971
Gentlemen:
Attached hereto is a certified resolution of the Southold Town
Board waiving the filing fee of $75.00 for the Appeal of the North
Fork Friends of Kenyon Tuthill.
You will notice that the special fund-raising event, subject of
the Appeal, mentions a fireworks display. Please be advised that a
License to display fireworks is issued by the Town Clerk under the
N.Y.S. Penal Law provided certain conditions are met - a copy of the
instruction sheet is attached. I only mention this because the Appeal
submitted to your office on 7/11, and subsequently submitted to me,
was strictly for a permit to display fireworks. I was forced to request
the applicant to resubmit the Appeal requesting permission for the
special fund-raising event.
If you should have any further questions, do not hesitate to
contact me.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachments
JUDITII T. TERRY
TOWN CIFRK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 15, 1986:
RESOLVED that the Town Board of the Town of Southold hereby
waives the $75.00 filing fee for an Application to the Board of
Appeals by the North Fork Friends of Kenyon Tuthill,
July 16, 1986
JUDITH T. TERRY
$outhold Town Clerk
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Telephone
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
INSTRUCTIONS FOR DISPLAY OF FIREWORKS
2.
3.
4.
10.
11.
Name of body sponsoring fireworks display.
The date and time of day at which the fireworks display is to be held.
The exact location planned for the fireworks display.
The age, experience and physical characterics of the persons who are to
do the actual discharging of the fireworks.
The number and kind of fireworks to be discharged.
The manner and place of storage of such fireworks prior to the display.
A diagram of the grounds on which the display is to be held, showing
the point at which the fireworks are to be discharged, the location of
all buildings, highways and other lines of communication, the lines
behind which the audience will be restrained and location of all nearby
trees, telegraph or telephone lines or other overhead obstructions.
Such other information as the $outhold Town Clerk may deem necessary
to protect persons and property.
An indemnity insurance policy with liability coverage and indemnity
protection of $1,000,000.00 per person for bodilY injury; $1,000,000.00
per accident; $1,000,000.00 property damage.
The Town Clerk of the Town of Southold must have the insurance policy
iner her possession before fireworks permit is issued. The named insured
must read: TOWN OF SOUTHOLD.
Application for a fireworks permit must be made at least five days in.
advance of the date of the fireworks display.
(The above instructions are in accordance with the Penal Law, Article 405 -
Licensing and other provisions relating to fireworks.)
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
public hearings will be held by
the SOU~LD TOWN
BOARD OF APPEALS at the
~outhold Town Hall, Main Road,
Southold, NY at a Regular Meet-
ing commencing at 7:30 p.m. on
THURSDAY, AUGUST 14,
198~ and as follows: ·
7:35 p.m. Appeal No. 3536 -
GEORGE AND pAT BROWN.
Variance to the Zoning Ordi-
nance, Article II.I, Section 10p-
31, Bulk Schedule, for pertain,
sion to construct deck addition to
dwelling with reduction of exist-
ing nonconforming sideyard set-
back, at 150 Briarwood Lane,
Cutohogue, NY; County Tax Map
Parcel No. 1000-186-1-3.
7:40 p.m. Appeal No. 3477 -
WILLIAM AND KATHERINE
HEINS. Variance to the Zoning
Ordinance, Article III, Section
10~-31, Bulk Schedule, for ap-
proval of insufl'tcient area, width
and depth of two parcels in this
props~ed division or set-off of
land located along the north side
of Main Read, Orient, NY;
7:50 p.m. Appeal No. 3520 -
THOMAS SHALVEY- Vari-.
an~e to the Zoning Ordinance,
Article IH, Section 100-31, Bulk
Schedule, for approval of insuffi-
ciOnt area, width and depth of
two parcels in this proposed divi-
sion or set-off of land locato~
along the south side of Case
Road, Cutchogue, NY; County
Tax Map Parcels No. 1000-116-2-
15 and 16.
7:55 p.m. Appeal No. 3532 -
ARTHUR AND BER-
NADE'I~E BURNS~ Variance
to the Zoning Ordinance, Article
III, Sections 100-30(C) and 100-
32, for permission to construct
accessory tennis court in the
frontyard area, at 3525 Private
Road #13 (right-of-way extend-
ing off the end of Ruth Read),
Mattituck; County Tax Map Par-
cel No. 1000-105-1-4.
8:05 p.m. Appeal No. 3433 -
GAIL DESSIMOZ AND
MICHAEL RACZ. Variance for
approval of access, New York
Town Law, Section 280-a, over
private right-of-way known as
Hallock Lane and referred to as
Private Road #10, extending off
the north side of Sound Avenue,
Mattituck, New York, lover and
along lands of Charles Simmons
and Edward Harbes). County
Tax Map Parcels No. 1000-112-1-
7 & 8, and to Parcel No. 1000-
112-1-4
Count~ Tax Map Parcels No. 8:10 p.m. Appeal No. 3530 -
Var/ances to the Zoning Ordi-
(1) Article IH, Section
Bulk Schedule, for per-
mission to construct kitchen ad,
dition with an insufficient wes-
terly sideyard setback and insuf-.
ficient total sideyards; (2) Article
XI, Section 100-119.2(B) for per-
mission to construct kitchen and
deck additions with an insuffi-
cient setback from the highwater
mark along peconic Bay, at 4450
peconic Bay Boulevard, Laurel,
NY; County Tax Map parcel No.
1000-128-4-22.2.
8:15 p.m. Appeal No. 3533 -
JOHN AND JEANNE BRE-
DEMEYER. Variance to the
Zoning Ordinance, Article HI,
Section 100-31, Bulk Schedule,
for permission to locate single-
family dwelling structure within
75 feet of ordinary highwater
mark along Orient Harbor. Loca- ·
tion of Property: West Side of Bay
Avenue, Orient, NY; County Tax
Map Parcel No. 1000-26-1-8.
8:20 p.m. Appeal No. 3539 -
MICHAEL HERBERT. Special
Exception to the Zoning Ordi-
nance, Article III, Section 100-
30(B)~16] for permission to estab-
lish "Bed and Breakfast use," an
owner-occupied building, other
than a hotel, where lodging and
breakfast is provided for not
more than six casual, transient
roomers, and renting of not more
than three rooms. Location of
Property: 795 Pike Street, Mat-
tituck, NY; County Tax Map Par-'
cel No. 1000-140-2-23. Zoning
District: "A' Residential and Ag-
ricultural.
8:25 p.m. Appeal No. 3442 -
JOHN J. NEWMAN. Variance
to the Zoning Ordinance, Article
XI, Section 100-119.2lB) for per-
mission to construct addition to
dwelling within 75 feet of high
water and existing bulkhead
along James Creek, at 430
Sailors Needle Read, Mattituck,
NY; County Tax Map Parcel No.
1000-144-5-29.1 and 30~
p.m. Appeal No. 3535
FORK FRIENDS OF
q TUTHILL. Variance
o the Zoning Ordinance, Article
~ 100-30 for permission
to use premises for a special fund-
raising event in conjunction with
at premises of
and T,A. LaMorte, 895
Bayview Road, Southold,
NY; County Tax Map Parcels No.
000-70-13-20 (20.1 to 20.21, in-
8:40 p.m. Appeal No. 3478 -
BECKY JOHNSTON. Va
ances for: I 1 ) Building Inspector
to issue building permit allowing
existing structure to be weath-
erized, prior to final 280-a access
approval, and (21 approval of ac-
cess in accordance with New
York Town Law, Section 280-a,
over private right-of-way extend-
ing from the northerly end of
Bridge Lane Extension and Ore-
gon Road. over lands of Bokina,
identified of the Suffolk County
Tax Maps as 1000-73-2-4, to
pr~mises of Johnston, identified
on the Suffolk County Tax Maps
as 1000-73-2-1.
9:00 p.m. Appeal No. 3513 -
STEPHEN SHILOWITZ. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(B)
for permission to construct con-
dominium complexes within 75
feet of bulkhead and tidal water,
at the west side of Sixth Street,
Gr~enpert, NY; 1000-49-01-25.1.
Zone District: "M-Light Multi-
ple'' Residence.
The Board of Appsals Will hear
at said time and place all psrsons
or representatives desiring to be
heard in each of the above hear-
ings. Written comments may
also be submitted prior to the
conclusion of the subject hearing.
For more information, please call
765-1809.
Dated: July 17, 1986.
BY ORDER
OF THE SOUTHOLD
TOWN BOARD
OF APPEALS
GERARD P. GOEIIRINGER,
CHAIRMAN
1TJy31-5317
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
Katherine Bondarchuk of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published et 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 3 1
dayof July 19 86
Principal Clerk
NOTICE OF HEARINGS
'~t~ ~J~I~ICE'IS HERE'BY GIV-
to s ti0n of
. ::~e ~ ~W ~dth~ Code of
~ ~ ~' of SOuthold, the
~ ~:~z~ ~ld, ~ Hall,
,. ~Oa~ THURSDAY,
r 14 i986 and as
7:3 ~.m. Appe~ No. 353~
GEO] tGE AND PAT BROWN.
tituck, NY; County T~ Map ~r-
Parcel No. 1~-1~-5-29.1 and on
30.
~:35 p.m. Appeal No 3535~
NORTH FO~ FRIENDS OF
KENYON TUTHILL. V~iance
[ to the ~ning Ordinanc~ Arti- [
cie Ill, Section 1~-30 for ~r-]
mission to use premises for a{
special fund-raising event in
Conjunction With fireworks
} display, at premises of W.F. and ~
~T.A. LaMorte, 895 North
/Bayview Road, Southold, NY;Iv-
[ County I~ Map Parcels No.
~ 1~-70-13-20 (20.1 to 20.21,
[inclusive). j
~ 8:40 p.m. Appeal ~
3478-BECKY JOHNSTON.
Variances for: (1) Building In-
spector to issue building permit
allowing existing structu~ to be
weatherized, prior to fin~ 28~a ~.
access approval, and (2) ap-
proval of access in accordance
with New York Town Law, Sec-
tion 280-a, over private fight-of-
way extending from the norther-
ly end of Bridge ~ne Extension
and O~gon R~d, ~er ~nds of m
Bokina, identified on the Suf-
folk County ~x Maps as
1~-73-2-4, to premises of
Johnston, id~tifi~ on the Suf-
folk County ~ Maps as
1~-73-2-1.
9:~ p.m. Appeal No 3513-
STEPHEN SH1LOWlTZ.
Variance to the ~ning Or-
dinanc~ Article XI, S~tion
lffi-l19.2(B) for permission to
construct condominium com-
plexes within 75 feet of
bulkhead and tidal water, at the
west side of Sixth Street, Green-
port, NY; 1~49-01-25.1 Zone
District: "M~Light Multiple"
Residence.
The Board of Appeals will
hear at s~d time and place all
persons or representatives desir-
ing to be heard in each of the
above hearings. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. For more infor-
mation, please call 765-1809.
Dated: July 17, 1986
BY ORDER OF THE
SOUTHOLD ~WN
BOARD OF APPEALS
GERARD P. GOEHR1NGER,
CHAIRMAN
1T-7/31/86(11)
COUNTY OF SUFFOLK
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
........ ......... 9
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires ~ 2/ 19 L(~k"
$outhold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHE}LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
F~OB£R] J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM It MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours_ very tr~l]~.~
G~RA-R~' P. '~HR~NGER
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
OFFICE OF THE TOWN CLERK
TOWN OF SOUI'HOLD
Town thdl, 53095 Main Road
P.O. Box 728
$ouChold, New York 11971
IEt[TPHONF
(516}765-1801
July 16, 1986
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Notice of Disapproval from the
relative to NYS Tidal Wetlands
assessment form.
Transmitted herewith is Zoning Appeal No. 3535 application of North
Fork Friends of Kenyon Tuthill for a variance to hold a special
fund raising event. Also includod is notification to waiver the fee;
Building Department; tax map;letter
Land U=e; and short environmental
Judith T. Terry ~
Southold Town Clerk
DSON & BRUER,
MAIN ROAD P,O. BOX 1466
SOUTHmLD, NEW YORK 11971
1:516] ~5-1222/25~D
t!~:~:7/15/86
Covering letter to Zoning Board of Appeals with further details
as well as map of property and location of table~0 be delivered
by Thursday a.m. to Linda Kowalski pursuant to our telephone conversation
on Friday, July 11.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NOl.~
OATE ...............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
NO S OF
IWe) ...... .............................. of ..... ...............................................
Name of Appellant Street and Number
(N.F.F. of Kenyon Tuthill)
....... .S..O..U..T..H..0..L.p: ......................................................................... .N..E..~...Y...O...R~.. ........ HEREBY APPEAL TO
Municipolity Store
THE ZONING BOARD OF APPEALS~FR~THE DECISION OF THE BUILDING INSPECTOR ON
7/8/86
APPLICATION FOR PERMIT ~ special fund- DATED
raising event
WHEREBY THE BUILDING INSPECTOR DENIED TO
N. F.F. OF KENYON TUTHILL
Name of Applicant for permit
of P.O. BOX 766 SOUTHOLD
NEW YORK
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO HOLD SPECIAL FUND-RAISING EVENT
1. LOCATION OF THE PROPER~' 895 North Bayview Road "A"-Res./Agri.
Street Use District on Zoning Map
........................................................................ : ......... Current Owner WILLIAM F. LA MORTE
Map 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 Ordinance.)
Article III, Section 100-30
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (kas0 (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 ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
( )
{~s reguested for the reason that the NORTH FORK FRIENDS OF KENYON TUTHILL wish to
old a special fund-raising event (to include a fireworks display) for
injured Suffolk County police officer and Mattituck resident, Kenyon Tuthill.
l~orm ZB1
(Continue on other side)
REASOb~'F~OR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because this fund-raising event could not be held without the
generous contributions of the LaMorte family at whose property said event
will take place and the Grucci family who has offered an exceptional donation
to benefit this North Fork hero. The Grucci family has volunteered their
time, labor as well as fireworks valued at thousands of dollars for this event
to be held on August 29, 1986.
2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate
vicinity of this property and in this use district because the circumstances under which
this variance is requested are unique in themselves. The applicant believes
that the granting of this variance will not only benefit Kenyon Tuthill and
his family but the generous citizens of the North Fork as well.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this fund-raising event is for one evening
only to be held in conjunction with the fire-works display. The character
of the district will remain unchanged.
STATEOF NEWYORK ) ..~.... ~
) ss ~ .... . ..................
COUNTY OF SUFFOLK ) JOAN E. SINRAMM, S'g ature Secretary
N.F.F. of Kenyon Tuthill Fund-Raising Committee
Sworn to this ...1..4.~.h. .................................... day of .................. ~.U~Y, .............................. 19 86.
~"~ /~'~'~-~, ~ ~ · ~ BESSIE
....Y..~... :...~......ill...~q.ry. ~ u.b.i~
Notary Public
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold .,~
TO: L
NOTICE
TO
ADJACENT
PROPERTY OWNER
/
YOU ARE HEREBY GIVEN NOTICE:
/
1. That it is the intention of the undersigned to petition the Boar/of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other}/ [circle choice]
/
2. That the property which is the subject of the Petition i~ocated adiacent to your property and is des-
cribed as follows:
/
/
/
3. That the property which is the subiect of su,~/Petition is located in the following zoning district:
/
4. That by such Petition, the undersigned ~11 request the following relief:
/
5. That the provisions of the Southol,d/Town Zoning Code applicable to the relief sought by the under-
signed are Article ~on'
[ ] Secl:~0n 280-A, New York/Town Law for approval of access over right(s)-of-wa~,.
6. That within five days from, thc/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 so,U'ght 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 anc]/in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designa~d for the publication of such notices; that you or your representative have the
right to appear and be heard~ such hearing.
/
Dated:
Petitioner
Owners ' Names:
Post Office Address
(Tel.
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
, residing at
, being duly sworn, deposes and says that on the day
of ,19 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of ,19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
ITod~y's Dato}
To: Southe!d Town Board of Appeals
blain Road
Sou~hold, NY 11971
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-use
Regu]'ations, 6 NYCRR, Part 661, and Article 25 of the ~';e:.; York
State. Environmental Conservation La%.~, please be advised that th
subject property iQ the within appeal application:
(please check (me box)
[ ] ~lay be located ~ithin 300 feet of tidal wetlands;
hon.;ever, constructed alon~ tho water-lyin~ edco
of this prope~'ty is a bulkhead in very good
condition and at least 100 feet in length. ~
[ ] May b'e 'located ~¢ithin 300 feet of tidal wetlands;
however, con~.uc_~d along the wa~er-lyl.n? edge
o2 this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located ;'~ithin 300 feet of tid~i wetlands;
and there is no bulkhead or
~on the premises.
Is not located %~ithi~ 300 feet of tidal wetlands
to the best of my kno%.;lodge.*
[.~;tarred items (*) indicate your property does
not appear to fall within the jurisdiction of thc N.Y.s. D.E.C.]
Sincerely yours,
~OTE: If proposed project falls %~iu~kin D.E.C. jurisdiction,
approval must be received an~J submit~6d to our office befo£e
your application can be scheduled fo£ a public hearing.
The d.Y.. ironment,-,I Quality ih:v~&w Ac[ requires suo-
mission of feral, and an environmer~] reviuw wi~] be
made by this board before any action is taken.
(a) In order to answer the questions tn this short EAP Is ia assuned thst
prcyarer wll! use currentl? available ~n£or~.~ticn concerning the proJec~ ~nd
l~ely ~cts of the action. ~t ~s no~ e~ccted that addit~ona~
other ~l)vest~gat~on~ w~ be ~dcrtaken .... -..,
(b) If any question ha~ be~n answered Yes the project ~y be ~l~lf~cant
ccmp!eted Envirc~ental Assessment Fo~ ia necessary. .- .~ .,.'.v
./ (c) If 11 questions have been answered No It l~s likely t~t this project is ~,~',~.~'
1. W~I proJec~ reset In a large physical c~n~e · ', ~'
to the project site or physically alter moro ~--~'~
' ~. Will :here be a major changm %o any ~lqu~ or .~. ......
~. W~i project al%er or ~vs a larg~ affect on '-
am ,x~tlng body of wa%er? . , , , . , , , , , Ye~ No ....
on adjacent sites? * * * * ~ ' * * · * * * '" .. Y
Will project affect any ~eatened or endangered
7, W~l project reset in a major adverse effect on ~
8. W~I project have a major effect on visu.1 c~
kno~ to be ~portant to thc co~.~unzty? * * * _ Yes
utc of historic, pre-historic, or pal~ontologtcu~ '
Importance or any site decimated ae a crltlcal - ~"~"~
envlro~en~l area by a locat agoncy? , · Yes -- No
10. W~I project have a ~Jor effect on exiat~g or
11. Will project result tn ~Jor traffic problems or ' :..?..
systems? ' · ' ...... · · . ~es
12. Will project reg~arl7 cause objectionable odor~,
13. Will project have any ~mpact on pub).lc h~alth or
WIll project ~cct tho exiotin~ co~unlt7 by
period o~ have a ~Jor no~txve e~cct on
15. Is there public contr~vers~ concerning thc project" Yes ~ Np ''
AVE.
DR.
AVE.
NORTH
$ou?HO~D
B/ ayVIEW
ROAD
BM Y