HomeMy WebLinkAbout3396Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3396
Application Dated September 3, 1985 (Complete File 3/4/86)
TO: Mr. and Mrs. Gary D0r0ski [Appellant(s)]
425 M0nse]] Lane
Cutch0gue, NY ]]935
At a Meeting of the Zoning Board of Appeals held on May 28, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section ]00-l]9.2(B)
[ ] RequeSt for
Application of GARY DOROSKI for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2(B) for permission to locate
proposed pool with decks and fence enclosure within 75 feet of wetlands
and highwater mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Sub-
division Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map
Parcel No. 1000-97-08-27.
WHEREAS, public hearin9s were held on April 3rd and May 1st,
1986, in the Matter of the Application of GARY DOROSKI under Appeal
No. 3396; and
WHEREAS, the board
familiar with the premises
surrounding areas; and
members have personally viewed and are
in question, its present zoning, and the
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded and transcribed; 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:
1. The premises in question is located along the east side
of Monsell Lane, in the Hamlet of Cutchogue, is identified on the
Suffolk County Tax Maps as District 1000, Section 97, Block 08, Lot 27,
and is known and referred to as Lots 31-35, inclusive, Map of Norwald
Subdivision No. 1275.
2. The subject premises consists of a total area of 37,703
square feet, with frontage along Monsell Lane of 276± feet, and
greatest depth of 150± feet. The premises is improved with a
single-family, one-story frame dwelling as more particularly shown
on survey amended 1/14/86 (received 3/4/86), and set back at its
(CONTINUED ON PAGE TWO)
DATED: June 2, 1986.
Form ZB4 (rev. 12/81)
CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3396
Matter of GARY DOROSKI
Decision Rendered May 28,
1986
closest point from Monsell Lane 31 feet) at its southwest corner).
3. By this application, appellant requests permission to
locate an 16' by 32' pool with varied deck areas and fence enclosure
on an angle (northeast to southwest direction at long axis) with a
setback of not closer than 24' to the high marsh grass borderline
or 50 feet from the rear property line as shown by survey map amended
January 14, 1986, prepared by Roderick VanTuyl, P.C.
4. Article XI, Section 100-119.2, sub-paragraph B requires
all buildings located on lots adjacent to tidal water bodies other
than the Long Island Sound to be set back not less than seventy-five
(75) feet from the ordinary highwater mark of such tidal water body
or not less than seventy-five (75) feet from the landward edge of
the tidal wetland, whichever is greater.
5. It is the opinion of the board members that: (a) the
pool and deck areas should be located as far back from the marsh and
wetland areas as possible; (b) any draining or discharge from the
pool, or irrigation, shall not run into the tidal areas; (c) that
the requested setback of 24' is substantial in relation to the
requirement of 75 feet, being a variance of more than 50%; (d) that
an alternative would be to reduce the deck areas proposed between
the existing house and the pool construction in order to minimize
the wetlands setback.
6. For the record, it is noted that previous applications
have been made concerning this property as follows: (a) Appeal No.
3310 rendered February 14, 1985 conditionally permitting an accessory
shed/garage structure in an area other than the required rearyard;
(b) Appeal No. 2040 rendered June 12, 1975 for the construction of
the residence with a setback of not closer than 30 feet to Monsell
Lane.
In considering this appeal, the board finds and determines
that in locating the proposed pool, deck and fence enclosure at a
distance not closer than 60 feet from the rear property line and
not closer than 28 feet from the wetlands areas: (a) the variance
will be the minimum necessary; (b) the circumstances are unique;
(c) the practical difficulty under the circumstances are sufficient
to warrant the granting of same; (d) there will be no substantial
change in the character of the district; (e) the interests of
justice will best be served by allowing relief, as conditionally
noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, that a Variance for permission to construct
pool, deck and fence enclosure BE AND HEREBY IS APPROVED in the
Matter of the Application of GARY DOROSKI, Appeal No. 3396, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no construction within 60 feet of the
rear property line and no closer than 24 feet from the wetlands area
at its nearest points;
2. The pool wall must be reinforced every six feet with
12" by 12~' block piers and properly backfilled, particularly on the
water side (to maintain strength from water flow);
3. Proper ground cover shall be placed so that no topside
erosion will result (for example, sod, low bushes, etc.).
· e oard-~iAyes: Messrs. Goehringer, Grigonis,
~o~-~-]~l.i~_~a.~-~].~[~'~.a,~J~k~V'.2. This resolution was duly adopted.
GERARD P. GOEHRINGER, ~I'AIRMAN
June 2, 1986
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 SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at a Regular
Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 19862 and
as followsi
~/~ 7:35 p.m. Appeal No. 3396 GARY DOROSKI for a Variance to
the Zoning Ordinance, Article XI, Section 100-119.2(B) for
permission to locate proposed PoOl with decks and fence enclo-
sure within 75 feet of wetlands and highwater mark, at 425
Monsell Lanes Cutchogue, NY; Norwald Subdivision Filed Map
No 1275~ Lots 31-35 inclusive; County Tax Map Parcel No. 1000-
97-08-27
7:40 p.m. Appeal No~' 3482 JERRY SHULMAN for a Special
Exception to the Zoning Ordinance, Article IX, Section 100-90
for permission to change use of a portion of existing building
to building-material storage, in conjunction with existing
agr~:cultural storage and agricultural office, at premises
referred to as 11950 Sound Avenue, Mattituck, NY~ County Tax
Map Parcel No. 1000-141-03-41.
7:45 p.m. Appeal No. 3473 JOSEPH A. CASSIDY, JR. for a
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of 58,484 sq. ft. parcel with
135' frontage along Reydon Drive, set off from premises to the north
presently of J. Rich of 56,831 sq. ft. in area and 135'
frontage (lot width). Property identification: County Tax
Map Parcel Nos. 1000-79-05-23.1 and 22.1~ located along the
west side of Reydon Drive, Southold, NY.
7:50 p.m. Appeal
Exception to the Zon
(B)[14] to establish
premises, 36225 Main
from 3/13/86).
No. 3451 - BEDELL WINERY for a Special
ing Ordinance, Article III, Section lO0-30-
winery use from grapes grown on the
Road, Cutchogue; 1000-85-02-10. (Recessed
8:00 p.m. Appeal No. 3476 - ROBERT AND CHARLOTTE WISSMAN
for a Variance to the Zoning Ordinance, Article XII, Section
100-121 to seek relief from conditions placed by prior Appeal
Page 2 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
No. 2006 in the Name of Claire Brody and Others dated February 27,
1975, which conditionally granted use of lot for mooring dock and
storage building (Article III, Section 100-30(B)[9]) and insuffi-
cient lot area and width (Bulk Schedule), to allow the construction
of a single-family residence. Location of Property: 715 Gull Pond
Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred
to as Lot "C").
8:10 p.m.
for a Special
Section
storage
at 6230
3.3, 4,
Appeal No. 3481 PORT OF EGYPT ENTERPRISES, INC.
Exception to the Zoning Ordinance, Article VIII,
100-80 for permission to install/relocate marine fuel
tanks in this "C-Light" Industrial Zoning District,
Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2,
6,6.1.
8:15 p.m. Appeal No. 3472 MICHAEL HERBERT for a Variance
to the Zoning Ordinance, Article III, Section lO0-30(A) for
permission to establish "Bed and Breakfast"-type use, or ~an
owner-occupied building, other than a hotel, where lodging and
breakfast is provided for not more than nine persons." Location
of Property: 795 Pike Street, Mattituck, NY; County Tax Map
Parcel No. 1000-140-2-23. Zoning District: A-Residential and
Agricultural.
8:20 p.m. Appeal No. 3418 GRETCHEN HEIGL for a Variance
to: i~ (a) the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule for approval of insufficient lot area and width
in this proposed division of property~ and (b) New York Town
Law, Section 280-a for approval of access to proposed Lot #1
over a private right-of-way located along the easterly side
of the subject premises. Location of Proper~y and Right-of~Way
in Question: North Side of Sound View Avenue, Southold~ NY;
County Tax Map Parcels No. 1000-68-1-14 and 15.1.
8:25 p.m. Appeal No. 3477 - WILLIAM AND KATHERINE HEINS for
a Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient area, width
and depth of two parcels in this proposed division located along
the north side of Main Road, Orient, NY; County Tax Map Parcels
No. 1000-19-2-5 and 6.
Page 3 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
8:35 p.m. Appeal Noo 3488 - WILLIAM KREITSEK for a Variance
to the Zoning Ordinance, Article III, Section 100-32 (and/or
Section lO0-30A) for permission to locate private, fenced-in
tennis court together with 12' by 12' gazebo on stilts on
vacant premises adjacent to residence of the applicant and
referred to as 9030 Soundview Avenues Southold, NY~ George
Penny IV Filed Subdivision dated April ll, 1974; County Tax
Map Parcel No. 1000-59-07-27.2 and 27.1.
8:40 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS for a Variance
to the Zoning Ordinance, Article XI, Section lO0-119.2(A)[l]
for permission to construct single-family dwelling with an
insufficient setback from edgeiof bank~ along the Long Island
Sound. Location of Property: North Side of Sound Avenue,
Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113~
County Tax Map Parcel No. 1000-33-01-11.
8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate accessory barn in the frontyard area~
at premises referred to as 3500 Private Road #13, off the
north side of Bergen Avenue~ Mattituck, NY; County Tax Map
Parcel No. 1000-105-01-5.
The Board of Appea~s will hear at said time and place all
persons or representatives desiring to be heard in each of
the above matters. Written comments may also be submitted
prior to the conclusion of the hearing in question. For more
information, please call 765-1809.
Dated: March 13, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
lk
INSTRUCTIONS FOR NEWSPA?ERS: Please publish Thursday, March 27,
1986 and forward two affidavits of publication on or before
April 1st to: Board of Appeals, Main Road, Southold, NY 11971.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
..... .c..v.~/?~?.~. .....................
PLEASE TAKE NOTICE that your application dated ......... ?..~..~.~ ........... 19..~.~..
for permit to -...~?. 73..~..~t~.C?. .... .~..L~. ! .~.e' .;~...?.0.o. J .... .~.~.ct~...~.~.c.~.. .....at
Location of Property .............................................................
House No. Street Hamlet
County Tax Map No, i000 Section ...... ?. 7. .... Block ......... .~.... Lot ... ~...~. .......
Subdivision ................. Filed Map No ................. Lot No ..................
returned herewith and disapproved on the following grounds ................................
....... ~.~.{..~.tr .... .~.:~.!1 .... ~t L~n'l'eJ w, ~, 7s"-
..... o. .~ .... w?~.c. .;t~. ./.~. .... ~ . . . ~ 0~. .... ~.~.t~. . .~. .~. ~. .,t. . . ~. . . . ~. . c . .
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. V.
.k...: ..................... of ..... ............................
1, (We) ......... ~ame' J'f'~gpellcmt .......... Street and Number
..................... .~.'~'._.~...~.....~.~ ................................................. ~.:...~...~ ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
.................... ...................
Nome of Applicant for permit
of .............. .~[......~.....~.........~.,.~.~....~....~....~.....~..~.....~....q~,...~.. ............ ~.~....c~..~ ...........
Street and Number Municipality State
) pERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION O~THE PROPERTY ...... .~..!~....~..~..£?..,~:..}]....~...~T.. ....... ~'-')~%~ ~
Street Use District on Zoning Map
lv~op No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
3. TYPE OF APPEAL Appeal is made herewith for
( ~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A vARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
b4. PREVIOUS APPEAL A previous appea een 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
-~ Variance to the Zoning Ordinance
)
,s requested for th~ reason that
l~orzn
: · ~', .,';':' ~ '~'~ (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLiCATiON OF THE ORDINANCE would produce practicai difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by alt properties aJike in the immedim?e
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF )
Sworn to this ~ ~ day of .............. 19~ '
........... ..............
Notary PuNic
oWNER
FORMER OWNER
STREET
N
- t VILLAGE
E
W
SUB.
ACREAGE . ~o'-_ 7
TYPE OF BUILDING
RES. 2~O
LAND
AGE
NEW
Form
s-~¥
VL. FARM COMM. IND, J CB. J MISC,
J Est. Mkt. Value
TOTAL DATE REMARKS
~ 60 L ,/ , .- z~ .... - -, -,
BUILDING CONDITION
............. F ......................
NO~*AL BELOW ABOVE FRONTAGE ON WATER
Acre I Value Pe~ Acre Value F~ONTAGE ON ~OAD
Tillable 1 , BULKHEAD
Tillable 2 DOCK
Tillable 3
Woodland
Swampland
Brushland
t~ou~e Plot
Total
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- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Enclosed
of the public
a copy of the
Watchman, Inc.
herewith as confirmation of the time and date
hearing concerning your recent application is
Legal Notice as published in the L.I. Traveler-
and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
April 8, 1986
Mr. Gary Doroski
425 Monsell Lane
Cutch6gue, NY 11935
Re: Appeal No. 3396 (Variance)
Dear Gary:
In accordance with the board's request during the
April 3, 1986 public hearing on your variance application,
this letter will confirm that the board is requesting the
following information as early as possible (if possible,
prior to the May 1st meeting):
1. Certification by a licensed engineer certifying the
type of construction proposed by this application and certify-
ing same to be impervious to water and able to withstand cold
weather/freezing effects to the structure (such as cracking,
wall falling in, liner breakage, etc.) and pressure against
the wall.
2. Construction drawing (to scale) of the retaining
wall, height, etc.
Please don't hesitate to call if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
Southold Town Board of Appeals
MAIN ROAD- STATE ROAC) 25 SOUTHOLD, L.I., N.Y. llg?l
YFLEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 9, 1985
Mr. Gary Doroski
425 Monsell Lane
Cutchogue, NY 1i935
Re: Appeal
Dear Gary:
No. 3396
This letter will acknowledge receipt of your recent appli-
cation. The members of the Board of Appeals will be conducting
field inspections and environmental reviews as may be required
by State and local laws prior to scheduling your application for
a public hearing.
It is requested in the interim that you proceed with the
[ ] Planning Board [X ] N.Y.S. D.E.C.. [ ] Town Trustees
inlorder that they may submit their written comments or recom-
mendations as early as possible. Upon receipt of their input,
your application will be scheduled for the next available hear
ing date.
If the above document(s) are submitted by October 2nd,
it is expected that the public hearing would be held about the
middle part of October. A copy of the notice of hearings as
published in the Long Island Traveler-Watchman and the Suffolk
Times will be sent to you as confirmation.
Please feel free to call at any time if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
~a ~o~w' a~l s'~(~'
Town of Southold
Board of Appeals
COUNTY OF SUFFOL. K
Department of Planning
360-5206
June 9, 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 determina-
tion. A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Gary Doroski~/
Warren & Mary Brady
3396
3469
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOI_D, L.I., N.Y. llCJ?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H.$AWlCKI
Pursuant to
Board of Appeals
the following to
Variance
Variance
Article XIII of the Suffolk County Charter, the
of the Town of Southold, New York, hereby refers
the Suffolk County Planning Commission:
from the Zoning Code, Article ×I , Sectio~OO-1Z9.2 (B)
from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3396 Applicant: Mr. & Mrs. Gary Doroski
Location of Affected Land: 425 Minsell Lane, Cutchogue,
County Tax Map Item No.: 1000- 97-08-27
Within 500 feet of:
Town or Village Boundary Line
×× 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
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to 1.oca_~e p~p~m ~q~l
mark
Copies of Town file and related documents enclosed for your review.
Dated:June 3, 1986 ~----~-~ ~ ~ ~?~,,~,.,_~._x.,.~ ,L/'~,~. /, ~.-
Secret~ry, Board o~ Appeals
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]3973
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
I 986
April 3,
S.E.Q.R.A.
ENVIRONMENTAL DECLARATION
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE
JOSEPH H. SAWICKI
Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3396
PROJECT NAME: GARY DOROSKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for ahy other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [×] T~pe II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to locate proposed p001 with
decks and fence enc]0sure within 75~ of wet]ands.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 425 M0nse]] Lane, Cutch0gue; N0rwa]d Subdivision
Map 1275, Lots 31-35 incl.; 1000-97-08-27.
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) Lo~ation of new construction is landward of lO' elevation
contour~ no disturbance of land will occur seaward of the 10'
contour;
~ F~}~ has waived Jurisdiction ~ letter dated February 13, 1986.
INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
lk
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 RmAD ~5 ~I3UTHnLD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
March 3, 1986
Mr. Gary Doroski
425 Monsell Lane
Cutchogue, NY 11935
Re: Appeal No. 3396 (Variance) Pool and Retaining Wall
Dear Gary:
The board, in reviewing your file in the above matter,
has additionally requested four copies of an up-to-date
survey showing all existing and proposed structures, and
wetland grass and marsh areas, together with all setback
distances, certified by a licensed surveyor or engineer.
Once we receive the above, the board will be in a
position to schedule this application for a public hearing.
Please keep us advised, and don't hesitate to call our
office if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 3, 1985
TELEPHONE
(516) 765-1892
Mr. Gary Doroski
425 Monsell Lane
Cutchouge, New York
11935
Re: Pool Construction
Dear Mr. Doroski:
As per your request for a determination on the need of
a wetland permit, regarding the above referenced matter,
please be advised that the Trustees have reviewed your plan
on August 28, 1985 at a regular meeting of the Board and
determined by resolution that no permit is needed subject
to the following provisions:
1. During excavation the fill must be contained so
that it does not wash into the creek.
2.All discharge from the pool is to be kept out
of the creek.
3. Immediately following construction, all areas 6f
exposed soil shall be properly protected with a
suitable erosion control device and/or vegetated to
prevent entry of eroded soil into the nearby waters.
If you have any questions, or need additional information,
please do not hesitate calling this office at the number listed
above.
HPS:ip
cc: Building Dept.
Trustees
file
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
I~%! ¥ORHSTAT~ DEPART~.,2~wf OF ~VI~O~i~'FfAL COnSErVATION
Re~ula~o~ Affairs Un~=
Bldg. 40~ S~--P.o~ 219
S~ony Brook, ~ 1179~
(516) 751-7~00
February 13, 1986
M~. Gary Dereski
42~ Mensell Lane
Cutehegue, N.Y. 1193~
p.~:IO-85-1t09
Dear Mr DoroskX r
A review has been made of your proposal to:
Construct a 20'xd0'Swimming pool with surrounding deck all
parts of which are to be landward of the existing 10'contour
elevation in accordance with plan on survey by R.VanTuyl 1/14/86
~ecation: (Hevised date )
§tef Mud Creek,east of Monsell Lane, Cutchogue, N.Y.
Surf. Co. Tx. Map No. 1000-97-8-27
No, York State Department of Environmental Conservation has found the
parcel xxx project to be:
__Greater than 300' from inventoried tidal wetlands.
Landward of a substantial man-made structure.
grea~er than I00' in length constructed prior to September 20.
xxxLan~.lard of 10' contour elevation above mean sea level on a ~radual.
natural slope.
Landward of topographical crest of bluff~ cliff or dune in excess
of 10* in elevation above mean sea level.
Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental
Conservation Law) is required at this time since the current proposal is
beyond State mandated Jurisdiction pursuant to this act. ~I~ever. any
additional work or modifications to the project may require a pemit. It
is your responsibility to notify this office, in uwiting, if such
additional work or modifications are contemplated. There is to be no placing
of excavated material, fill or other disturbance seaward of the 10'
contour shown on said plan. Very truly youzs, { .
Alternate Permit Administrator
CTIhDDRI¢o's
Southold Town Board of Appeals
MAIN ROAD- -¢:TATE ROAD 25 SOUTHOLD, l.l., N.Y. 11973
TELEPHONE {516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW[CKI
Notice
April 3,
S.E.Q.R.A.
NEGATIV~ ENVIRONMENTAL DECLARATION
1 986
of Determination of Non-Significance
APPEAL NO.:,
PROJECT NAME:
3396
GARY DOROSKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to locate proposed p001 with
decks and fence enc]0sure within 75' of wetlands.
LOCATION OF pROjEcT: Town of Southold, County of Suffolk, more
particularly known as: 425 M0nsel] Lane, Cutch0gue; N0rwa]d Subdivision
Map 1275, Lots 31-35 i. ncl.; 1000-97-08-27.
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) Location of new construction is landward of lO' elevation
contour; no disturbance of land will occur seaward of the 10'
contour;
~ F~i~E~ ~ ~ived jurisdiction ~ letter dated February 13, 1986.
INFO~,~TION, 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 Hoard.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearings will be held by
the sOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hall, Main Road,
Southold, NY at a Regular Meet~
lng commencing at 7:30 p.m. on
THURSDAY, MAY 1,1986, and
as follows:
7:35 p.m. Appeal No. 3399 -
C. BRUCE AND ANNE
STAIGER. Variance to the Zon-
lng Ordinance, Article III, Sec-
tion 100-31, Bulk Schedule, for
approval of two parcels having
insufficient lot area, width and
depth and as described in Deeds
at Libors 3362 cp 53, and 5676
cp 213, located at the east side of
Wells Read, Peconic, NY, County
Tax Map parcels No. 1000-86-2-4
and 6.
//~ 7:40 p.m. Appeals No. 3396 --~
GARY DOROSKI for a Vari-, }
ance to the Zoning Ordinance, /
k~ Article XI, Section 100-119.2(B) ~
) to locate pool within 75 feet of \
/ wetlands. 425 Monsell Lane, \
Cutchogue. (Recessed from 4/3/ ]
~._ 86).
7:45 p.m. Appeal No. 3479 -
JOHN P. SGOUROS for a Vari-
ance to the Zoning Ordinance,
Article HI, Section 100-31, bulk
Schedule for approval of two par-
cels known as Subdivision Lots
~22 and #23, "Stars Manor"
Subdivision Map No. 3864, ap.
proved bY the Planning Board 9-
19-1963, having insufficient
area, width and depth, located
along the West Side of Stars
Read, East Marion, NY; County
Tax Map Parcels No. 1000-22-2-
20 and 21.
7:50 p.m. Appeal No. 3480 --
VINCENT AND JOANN
CASA for a Variance to the Zon-
ing Ordinance, Article XI, Sec-
tion 100-119.2(Al for permission
to locate swimmingpeol with
deck and fence enclosure within
100 feet of bluff along the Long
Island Sound, premises known as
1840 The Strand, Pebble Beach
Farms Inc. SubdiVision Map~2,
Lot #115, East Marion, NY,
County Tax Map Parcels No.
1000-30-2-58.
7:55 p.m. Appeal No. 3486 --
ROBERT JOHNSEN for a
Variance to the Zoning Ordi-
nance, Article HI, Section I00-
31, Bulk Schedule for approvat
of insufficient lot area of prop.
ased Parcel #4 in this pending
four-lot minor sudivision located
along the south side of Sound
View Avenue, Seuthold; County
Tax Map Parcels No. 1000-68-4-2
and 3.
8:00 p.m. Appeal No. 3490 --
HARRY AND SANDRA
HURLBURT for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permission
to locate accessory storage shed
in frontyard area. Location of
Property: Private Read, Fishers
Island, NY; bounded north by
Walker, west by Spefford, south
by Private Road, east by Private
Road and Sorenson; County Tax
Map parcel No. 1000-3-2-10.
8:05 p.m. Appeal No. 3494 --
PORT OF EGYPT ENTER-
PRISES for a Variance to the
Zoning Ordinance, Article X1,
Section 100-119.2 for permission
to locate marine fuel storage
tank structures in this "C-Light'
Industrial Zoning District with
an insufficient setback from
landward edge of tidal wetland
and from ordinary highwater
mark, at 6230 Main Read, South-
old, Ny; County Tax Map Parcel
No. 1000-56-6-3.2, 3.3, 4, 6, 6.1.
8:10 p.m. Appeal No, 3468 --
ROBERT J. ~
Article ill, S~ction 100.31. Bulk
Schedu,~i~%r approval of parcel
in thi~posed set-off division
of lana~l~'ving insufficient area
and depth, located along the
North Side of Main Road, East
Marion, NY; County Tax Map
Parcel No. 10/)0-31-4-15, con-
taining 11.912 acres.
8:15 p.m. Appeal No. 3471 --
NICHOLAS TSIRKAS (Recest
sed from 4~3/86).
8:20 p.m. Appeal No:~4~9 --
PAUL LEARY for a reversal of
decision of the building inspector
for a nullification of actions by
the Building Departme~ to
issue a modified Permit end'De-
molotion Permit, and that the
property owners be left. to regular
procedures of law, to be allowed
only after review by the Board of
Appeals and in accordance with
all other provisions of law. Name
of Owners and Location of Prop-
erty in Question: FRANK E.
AND MARY BROPHY, 75 Sec-
ond Street, New Suffolk, NY;
County Tax Map parcel No.
1000-117-10-20.7.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
lng to bo heard in each of the
above matters. Written com-
ments may also bo submitted
prior to the conclusion of the
hearing in question. For more in-
formation, please call 765-1809
(alt. 1802).
Dated: April 3, 1986.
BY ORDER OF
THE soUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
1TA24-5224
STATE OF NEW YORK )
! SS:
COUNTY OF SUFFOLK )
~-~ r~,.~ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, · Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk end 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 one
weeks successively, commencing on the 24
dayof April 19 86
Principal Clerk
Sworn to befo~ me t~hla ~
d,yof ~/~ 19_~ ~ ~ DEGNAN
NOTICE OF HEARING
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 SOUTHOLD
TOWN BOARD OF AP-
PEALS at the Southold Town
Hall, Main Road, Southold,
NY at a Regular Meeting com-
mencing at 7:30 p.m. on
THURSDAY, MAY 1, 1986,
and as follows:
7:35 p.m. Appeal No. 3399 -
C. BRUCE AND ANNE
STAIGER. Variance to the
Zoning Ordinance, Article 111,
Section 100-31, Bulk Schedule,
for approval of two parcels hav-
ing insufficient lot area, width
and depth and as described in
Deeds at Libers 3362 cp 53, and
5676 cp 213, located at the east
side of Wells Road, Peconic,
NY, County Tax Map Parcels
No. 1000-86-2-.4 and 5.
~ 7:40 p.m. Appeal No. 3396 -
GARY DOROSKI for a
Variance to the Zoning Or-/
dinance, Article Xl, Section[
~ 100-119.2(B) to locate pool'
/ within 75 feet of wetlands. 425
Monsell Lane, Cutchogue.
~x~Reeesed from 4/3/86)
7 45 p m Appeal No 3479 -
JOHN P. SGOUROS for a
Variance to the Zoning Or-
dinance, Article III, Section
100-31, bulk Schedule for ap-
' proval of two parcels known as-
Subdivision Lots no. 22 and no.
23, "Stars Manor" Subdivision
Map No. 3864, approved by the
Planning Board 9-19-1963, hav-
ing insufficient area, width and
depth, located along the West
Side of Stars Road, East
Marion, NY; County Tax Map
Parcels No. 1000-22-2-20 and
21.
7:50 p.m. Appeal No. 3480 -
VINCENT AND JOANN
CASA for a Variance to the
Zoning Ordinance, Article Xt,
Section 100-19.2(A) for permis:
sion to locate swimmingpool
with deck and fence enclosure
within 100 feet of bluff along
the Long Island Sound,
premises known as 1840 The
Strand, Pebble Beach Farms
Inc. Subdivision Map no. 2, Lot
no. 115, East Marion, NY;
County Tax Map Parcels No.
1000-30-2-58.
7:55 p.m. Appeal No. 3486 -
ROBERT JOHNSEN for a
Variance to the Zoning Or-
dinance, Article III, Section
100-31, Bulk Schedule for ap-
proval of insufficient lot area of
proposed Parcel no: 4 in this
pending four-lot minor subdivi-
sion located along .the south
side of Sound View Avenue,
Southold; County Tax Map
Parcels No. 100-68-4-2 and
3.
8:00 p.m. Appeal No. 3490
- HARRY AND SANDRA
HURLBURT for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permis-
sion to locate accessory storage
shed in front yard area. Loca-
tion of Property: Private Road,
Fishers Island, NY; bounded
north by Walker, west by Spof-
ford, south by Private Road,
east by Private Road and Soren- [
son; County Tax Map Parcel ~.~
No. 1000-3-2710. ~
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 ........... .c~..~. ~ ....
day, o~~· ,,- ..... ,19.
Sworn to before me this
Notary Public
BARBARA FORBES
~-lotary Fublie, 8tate of New York
No.
Qualified in Suffolk County
Corr~rnisaion Expires ~ .~ 19 ~,F
8:05~p.m. Appeal No. 3494 -
PORT OF EGYPT ENTER-
PRISES for a Variance to the
Zoning Ordinance, Article XI,
Section 100-119.2 for permis-
sion to locate marine fuel
storage tank structures in this
"C-Light" Industrial Zoning
District with an insufficient set-
back from landward edge of
tidal wetland and from ordinary
highwater mark, at 6230 Main
R0a~d~-S°t~h'$i~, NY; County
Tax Map Parcel No.
1000-56-6-3.2, 3.3, 4, 6, 6.1.
8:10 p.m. Appeal No. 3468 -
ROBERT J. LONG for a
Variance to the Zoning Or-
dinance, Article III, Section
100-31, Bulk Schedule, for ap-
proval of parcel in this propos-
ed set-off division of land hav-
ing insufficient area and depth,
located along the North Side of
Main Road, East Marion, NY;
County Tax Map Parcel No.
1000-31-4-15, containing 11.912
acres.
8:15 p.m. Appeal No. 3471 -
NICHOLAS TSIRKAS
(Recessed fiom 4/3/86).
8:20 p.m. Appeal No. 3489 -
PAUL LEARY for a reversal of
decision of the building inspec-
tor for a nullification of actions
by the Building Department to
issue a modified Permit and
Demolition Permit, and that the
property owners be left to
regular procedures of law, to be
allowed only after review by the
Board of Appeals and in accor-
dance with all other provisions
of law. Name faf Owners and
Location of Property in Ques-
tion: FRANK E. AND MARY
BROPHY, 75 Second Street,
Ne'~ Suffolk, NY; County Tax
Map Parcel No.
1000-117-10-20.7.
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. Written com-
ments may also be submitted
prior to the conclusion of the
hearing in question. For more
information, please call
765-1809 (alt. 1802).
Dated: April 3, 1986
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
IT-4/24/86(2)
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. 11971
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Please find enclosed herewith copy of the Legal Notice
as published in the local and official newspapers of the
Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and
Suffolk Weekly Times, Inc. indicating the time and date of
your recent application with the Board of Appeals.
Someone should appear in behalf of the applicant at
the public hearing in the event there are questions from
board members or persons in the audience.
If you have any questions, please do not hesitate to
call our secretary, Linda Kowalski, at 765-1809 (or if no
answer, 765-1802).
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
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 SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY at
a Regular Meeting commencing at 7:30 p.m. on THURSDAY,
MAY l, 1986, and as follows:
7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of two parcels having insufficient
lot area, width and depth and as described in Deeds at Libers
3362 cp 53, and 5676 c~ 213, located at the east side of Wells
County Tax Map Parcels No. 1000-86-2-4 and 5.
Road, Peconic, NY;
/ 7:40 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance
to the Zoning Ordinance, Article XI, Section 100-119.2(B) to
pool within 75 feet of wetlands. 425 Monselt Lane,
locate
(Recessed from 4/3/86)
Cutchogue.
7:45 p.m. Appeal No. 3479 - JOHN P. SGOUROS for a
Variance to the Zoning Ordinance, Article III, Section 100-31,
bulk Schedule for approval of two parcels known as Subdivision
Lots #22 and #23, "Stars Manor'j Subdivision Map No. 3864,
approved by the Planning Board 9-19-1963, having insufficient
area, width and depth, located along the West Side' of Stars
Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20
and 21.
7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA for
a Variance to the Zoning Ordinance, Article XI~ Section
lO0-119.2(A) for permission to locate swimmingpool with deck
and fence enclosure within lO0:feet of bluff along the Long
Island Sound, premises known as 1840 The Strand, Pebble Beach
Farms Inc. Subdivision Map #2, Lot #115, East Marion, NY;
County Tax Map Parcels No. 1000-30-2-58.
7:55 p.m. Appeal NOb 3486 - ROBERT JOHNSEN for a
Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient lot area
of proposed Parcel #4 in this pending four-lot minor
subdivision located along the south side of Sound View Avenue,
Southold; County Tax Map Parcels No. 1000-68-4-2 and 3.
Page 2 Notice of Hearings
Regular Meeting of May l, 1986
Southold Town Board of Appeals
8:00 p.m.
a Variance to the
for permission to
Appeal No. 3490 HARRY AND SANDRA HURLBURT for
Zoning Ordinance, Article III, Section 100-32
locate accessory storage shed in frontyard
area. Location of property: Private Road, Fishers Island, NY;
bounded north by Walker, west by Spofford, south by Private Road,
east by Private Road and Sorenson~ County Tax Map Parcel
No. 1000-3-2-10.
8:05 p.m. Appeal No. 3468 - ROBERT J. LONG for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of parcel in this proposed set-off
division of land having insufficient area and depth, located
along hte North Side of Main Road, East Marion, NY; County Tax
Map Parcel No. 1000-31-4-15, containing 11.912 acres.
8:10 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS
(Recessed from 4/3/86).
8:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of
decision of building inspector for a nullification of actions
by the Building Department t~issue a modified Permit and Demoli-
tion Permit, and that the property owners be left to regular
procedures of law in making application for a Demolition Permit
and for a Construction Permit on proper plans, to be allowed
only after review by the Board of Appeals, and in accordance
with all other provisions of law. N~me of Owners and Location
of Property in Question: FRANK AND MARY BROPHY, 75 Second
Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7.
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. Written comments may also be submitted prior to
the conclusion of the hearing in question. For more information,
please call 765-1809 (alt. 1802).
Dated: April 3, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday, April 24, 1986
and forward two affidavits of publicat'ion on or before Apri~ 29th
to: Board of Appeals, Main Road~: Southold, NY 11971.
Page 3 (Regular Meeting of May l, 1986)
Copies of the Notice of Hearings to the following 4/15/86:
Mr. and Mrs. C. Bruce Staiger, Box 348, Southold, NY 11971
Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935
Mr. John P. Sgouros, 85-15 Kendrick Place, Jamaica, NY 11432
Mr. Arthur Siemerling, Box 108, Mattituck, NY 11952 for CASA
Mr. and Mrs. Vincent J. Casa~ The Strand, East Marion, NY 11939
Mr. Robert Johnsen, 4300 Soundview Avenue, Southold, NY 11971
Mr. and Mrs. Harry Hurlburt~ Box 98, Fishers Island, NY 06390
Mr. and Mrs. Harry Hurlburt, 7014 Sheaff Lane, Fort Washington, PA 19034
Frederick M. Reuss, Jr., Esq., 230 Hilton Avenue, Suite 103,
Hempstead, NY 11550-8116 for PAUL LEARY
Mrs. Susan Long, Box 46, East Marion, NY 11939
Howard E. Pachman, Esq. for TSIRKAS and BROPHY
Rudolph H. Bruer, Esq. for TSIRKAS and BROPHY
Z.B.A. Members
Building Inspector-Executive Adm. V.
Town Clerk Bulletin Board
Z.B.A. Bulletin Board (in office)
Planning Board Office
Lessard
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS at the
Seutbold Town Hall, Main Bead,
~outhold, NY at a Regular Meet-
mg commencing at 7:30 p.m. on
THURSDAy, APRIL 3, 19~6,
and as follows:
~G'A7:35 p.m. Appeal No. 3396 --
RY DOROSRI for a Va>
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(B)
for permission to locate proposed
pool with decks and fence enclo-
frontage along Reydon Drive, set
off from premises to the north
presently of J. Rich of 55,831 sq.
ft. in area and 135' frontage (lot
width). Property, identification:
County Tax Map Parcel Nos.
1000-79-05-23.1 and 22.1, lo-
cated along the west side of
Reydon Drive, Southold, NY.
7:50 p.m. Appeal No. 3451 --
BEDELL WINERy for a Spec-
iai Exception to the Zoning Ordi-
nance, Article III, Section 100-
30-(B)[14] to establish winery
use ~rom grapes grown on the
premmes, 36225 Main Road,
Cutchogue; 1000-854)2-10. (Re-
ceased from 3/13/86).
sure within 75 feet of wetlands 8:00 p.m. Appeal No. 3476 --
and highwater mark, at 425 ~ ROBERT AND CHARLCrI'yE
~ WISSMAN for a Variance to the
Monsell Lane, Cutchogue, NY; \Zonin Ordin~ ~o ~,,~ ,1o
Norwald Subdivision Filed Man ~ · g -n ........... XH,
No. 1275, Lots 31-35 inclusive~ ~Sect~on 100-121 to seek relief
Cou - t from conditions placed by nrior
nty lax Map Parcel No~/ Appeal No. 2006 in the Na~e of
.1000-97-08-27.
Claire Bredy and Others dated
February 27, 1975, which condi-
tionally granted use of lot for
~ 7:40 p.m. Appeal No. 3482 --
JERRY SHULMAN for a Spec-
ial Exception to the Zoning Ordi-
nance, Article IX, Section 100-90
for permission to change use ora
portion of existing building to
building-material storage, in
conjunction with existing ag-
ricultural storage and agricu]-
rural office, at premises referred
to as 11950 Sound Avenue, Mat-
tituck, NY; County Tax Map Par-
cel No. 1000-141-03-41.
7:45 p.m. Appeal No. 3473 --
JOSEPH A. CASSIDY, Jlt. for
a Variance to the Zoning Ordi-
nance, Article III, Section 100-
31, Bulk Schedule, for approval
of 58,484 sq. ft. parcel with 135'
mooring dock and storage build-
ing (Article III, Section 100.
30(B)[9]) and insufficient lot area
and width (Bulk Schedule), to
allow the construction of a
single-family residence. Loca-
tion of Property: 715 Gull Pond
Lane, Greenpert, NY; County
Tax Map No. 1000.35-04-007.6
(referred to as Lot "C").
8:10 p.m. Appeal No. 3481 --
PORT OF EGYPT ENTER.
PRISES, INC. for a Special Ex-
ception to the Zoning Ordinance,
Article VIII, Section 100-80 for
permission to install/relocate
marine fuel storage tanks in this
"C-Light" Industrial Zoning Dis-
trict, at 6230 Main Road, South-
old, NY; County T~x Map No.
1000-56-6-3.2, 3.3, 4, 6, 6.1.
8:15 p.m. Appeal No. 3472 --
MICHAEL HERBERT for a
Variance to the Zoning Ordi-
nance, Article III, Section 100.
30(Al for permission to establish
"Bed and Breakfast"-type use, or
"an owner-occupied building,
other than a hotel, where lodging
and breakfast is provided for not
more than nine persons." Loca-
tion of Property: 795 Pike Street,
Mattituck, NY; County Tax Map
Parcel No. 1000-140-2-23. Zon-
ing District: A-Residential and
Agricultural.
8:20 p.m. Appeal No. 3418 --
GRETCHEN HEIGL for a
Variance to: (al the Zoning Ordi-
nance, Article III, Section 100.
31, Bulk Schedule for approval
of insufficient lot area and width
in this proposed division of prop-
erty, and (b) New York Town
Law, Section 280-a for approval
of access to proposed Lot #1 over
a private right-of-way located
along the easterly side of the sub-
ject premises. Location of Prop-
erty and Right-of-Way in Ques-
tion: North Side of Sound View
Avenue, Seuthold, NY; County
Tax Map Parcels No~ 1000-68-1-
14 and 15.1.
8:25 p.m. Appeal No. 3477 --
WILLIAM AND KATHERINE
HEINS for a Variance to the'
Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule
for approval of insufficient area,
width and depth of two parcels
in, this p. roposed division located
WILLIAM KREITSEK for a
Variance to the Zoning Ordi-
nonce, Article III, Section 100.32
(a~d~or Section 100-30A) for per-
mmslon to locate private, fenced-
in tennis court together with 12'
by 12' gazebo on stilts on vacant
premises a~acent to residence of
the applicant and referred to as
9030 Soundview Avenue, South-
old, NY; George Penny IV Filed
Subdivision dated April 11, 1974;
County Tax Map Parcel No.
1000-59-07-27.2 and 27.1.
8:40 p.m. Appeal No. 3471 --
NICHOLAS TSIRKAS for a
Variance to the Zoning Ordi-
nance, Article XI, Section 100.
119.2(A)[1] for permission te con.
struct single-family dwellh~g
with an insufficient setback from
edge of bank along the Long Is-
land Sound. Location of Prop-
erty: North Side of Sound Ay-
enue, Greenpert, NY; Eastenx
Shores Subdivision Map 4586,
LOt 113, County Tax Map Parcel
No. 1000-33-01-11.
8:50 p.m. Appeal No. 3469 --
WARREN AND MARY
BRADy for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission to
locate accessory barn in the fron-
tyard area, at premises referred
to as 3500 Private Road #13, off
the north side of Bergen Avenue,
Mattituck, NY; County Tax Map
Parcel No. 1000-105-01-5.
The Board of Appeals will hear
at said time and place all persons
or representatives desiring to be
heard in each of the above mat-
ters. Written comments may also
be submitted prior to the conclu-
sion of the hearing in question.
For more information, please call
765-1809. '
Dated: March 13, 1986.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
1TM27-5198
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
Mary K. D~(~n~ ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for O~a
weeks successively, commencing on the ~ ?
dayof March 19 86
Sworn to before me this_, -~L /
:t~,~. ,, /' /,' , 'ANN I~. ABATE
OT ' ;.,';' ~ ."' 1 .~3LJt.~ PIIBLIC, State of New Yor~
~/ I / 'J f ~L![fOtk County No 4748i83
NOTICE'OF HEARINGS
NOTICE IS HEREBY GIV-
EN, l>th'suan} to Section 26~ of
the Town Law and the Code of
the Town:of Southotd; the
following public hearings will be
held 0y the SOUTHOLD
TOWN BOARD OF APP~M..S
at the Southold Town Hall,
Main Road. Southold, NY at a
Regular Meeting commencing at
7:30 p.m. on T/eIURSIt~Y,
APRIL 3, 1986 and as follows:
~' 7:35 p.m. Appeal No. 3396-~
GARY DOROSKI for al
Variance to the Zoning Or-]
dinance, Article X1, Section/
100-119,2(B) for permission to/
locate proposed pool.with decks~
and fence enclosure within 75[
feet of wetlands~and highwater/
mark, at 425 Monse. ll,~ Cutt
chogue, NY; Norwald Su~tivi~
sion Filed Map No.~1275, LotsI
t31-35 inclusive; Courtly'Pax Map\
~P~cel No. 1000-97-~8-27. ~]
"~7:40 p.m. Appeal No. 348'2-
JERRY SHULMAN for a
Special Exception to.thc Zoning
Ordinance, Article IX,' Section
100-90 for permission to change
use of a portion of existing
building to buildingdnaterial
storage, in conjunction with ex-
isting agricultural Stomge and
agricultural office, at premises
referred to as 11950 Sound
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No.
1000-141-03-41.
7:45 p.m. Appeal No. 3473-
JOSEPH A. CASSIDY, JR. for
a Variance to the Zonih~ Or-
dinance, Article III, S~tion
100-31, Bulk Schedule, for ap-
proval of 58,484 sq. ft. parcel
with 135' frontage (lot width).
Property identification: County
'.Tax Map Parcel ~Nos.
1000-7%05-23.1 and 22.1,
located along the west side of
Reydon Drive, Southold, NY.
7:50 p.m. Appeal NO. 3451-
BEDELL WINERY for It
Special Exception to the Zoning
Ordinance, Article III, Section
100-30-(B)[14] to establish
winery use from grapes grown
on the premises, 36225 Main
Road, Cutchogue 1000-85-02-10
(Recessed from :t/13/86).
8:00 p.m. Appeal No. 3476.-
' ROBERT AND CHARLOTTE
WISSMAN for a Variance to
the Zoning Ordinance, Article
XIl,Sectionl00-121 to seek relief
from conditions placed by prior
Appeal No. 2006 ia the Name of
Claire Brody and Others dated
February 27~.f975, which con-
ditionallt~gml~d us~e of Aot for
mo.~k a6~l s~orage
bui~' (Article III, Section
100-30(B)[9] and insufficient lot
area and width (Bulk Schedule),
to allow the construction of a
single-family residence. Loca-
toin of Property: 715 Gull Pond
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 ~J7 ~{'
ay.ff.I~:'::::.: . ..........., 19 ..... ~ /
~. · ~ ......... '. · · [_.~- .... ': :-'c- -: · ·.
Sworn to before me this ......... .~.f. ~ ...... day of
...../&+? ........... ?i.
Notary Public
BARR^RA FC.P. BES
Ce,nnli~icn Expires ~ ~i 19 g~F
JUI)ITII I TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
September 3, 1985
To: Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3396 application Of
Gary Doroski for a variance. Also included is Notice to Adjacent
Property Owners; Notice of Disapproval from the Building Department;
letter relative to N.Y.S. Tidal Wetlands Land-Use; short environmental
assessment form; plans; and survey.
././ 0~laith T. Terr~/~l~
Southold Town :Clerk
Page 4 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
Copies of the 3-page Legal Notice of Hearings to the following
on or about March 25, 1986, with transmittal form:
Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935
Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776
Mr. Joseph A. Cassidy, Jr., 39-17 222nd St, Bayside, NY 11361
Mr. Merlon Wiggin, Peconic Associates, Greenport, NY 11944
as agent for BEDELL WINERY
as agent for PORT OF EGYPT ENTERPRISES
Rudolph H. Bruer, Esq., Main Road, Southold, NY
as agent for ROBERT AND CHARLOTTE WISSMAN
as agent for MICHAEL HERBERT
as agent for WILLIAM KREITSEK
as agent for NICHOLAS TSIRKAS
11971
Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971
as agent for GRETCHEN HEIGL
Anthony B. Tohill, P.C., Box 744, Riverhead, NY ll901
as agent for WILLIAM AND KATHERINE HEINS
Mr. and Mrs. William Heins, Main Road, Orient, NY 11957
Town Clerk Bulletin Board
ZBA Bulletin Board
Building Inspectors (4)
ZBA Members
ZBA Individual Files with
Affidavits
of Publication
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON[$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLA. SS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
March 3, 1986
Mr. Gary Doroski
425 Monsell Lane
Cutchogue, NY 11935
Re: Appeal No. 3396 (Variance) Pool and Retaining Wall
Dear Gary:
The board, in reviewing your file in the above matter,
has additionally requested four copies of an up-to-date
survey showing all existing and proposed structures, and
wetland grass and marsh areas, together with all setback
distances, certified by a licensed surveyor or engineer.
Once we receive the above, the board will be in a
position to schedule this application for a public hearing.
Please keep us advised, and don't hesitate to call our
office if you have any questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], (We) ....~..A....v~..."~...q...X~....~. ..................... of r_.) t~" tg-c~ ,q ~/~{ ~
N~me of Appellant ..................... ~i'r';;;~"'~'~'d"~l';~;'~ ..........................
....................................... ~ ............................................................... .1t .............. APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO .............. .'T ..................... DATED - .~'- C~, ~ ~Y'~.~'~
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of A~plicant for per~ ~
of .. ..~...?':.....~... ~'..~.....~...t ..~'..~.....~....-~....O.J'~O..~~'~ /"~, ¢.~
Street and Number Municipali~ ..... ~; '"'1 ..............
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF'~HE PROPERTY .......... ~ .......... ..~.,..~,....~...,~.~..,~,!.!.....,~.~.,.,..~.,..~t,..~.k.,~. ......
~ Street Use District on Zoning Mop
.................................................. : ......... ~..~...,c..~..~../.
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.)
3..~E OF APPEAL Appeal is made herewith for
{ ~) A VARIANCE to the Zoning Ordin~]nce or Zoning Mop
( ) A VARIANCE due to Jack of access (State of New York Town Low Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appea )~Yeen made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal 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
(-~ Variance to the Zoning Ordinance
( )
is requested for the reason that
~om ~B1 a.' · . · ontinue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK
) ss
COUNTY OF )
Sworn to this .............................................. day of .................................. 19
Notary Public
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter oT' the Petition of
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~:;fi'~e~ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (~Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is th~.subiect of the Petition is located adjacent to your property and is des-
cribed as follows: ~ ~ ~)'L~r~ ~t./~t ~..~.~ L'~._~"~c~,J~o%~e..
3. That the property which is the subject of ~chl P~iLn is located in the following zoning district:
,4. That by such Petition, the undersigned will request the folio,wing relief:
~, That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article I I Sect&on /Do 4 Iq..~
[ ] Section g80-^, New York Town Law for appr0val of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
Owners'Names:
Post Office Address
NAME
PROOF OF MAILIN~ OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 676 286 165
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAG~ PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Postage
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom,
Date, and Address of Delivery
P 676 286 166
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
P. tale and ZI
Postage $~-~--'""'~,
Certified Fee
Special Delive~ Fee
Restricted Delive~ Fee
Return Receipt Showing
to whom and Date Delivered
Return r~eipt showing to whom,
Date, and Addre~ of Detive~
STATE OFNEWYORK)
COUNTY OF SUFFOLK)
~ ~ ~ ~ ~ , being duly sworn, depos~ and says that on the ,~ day
of .~m ~ . 1 9 ~ ~ , deponent mailed a true copy of the Notice set forth on the re-
ver~ side he[eof, directed to each of the above-named persons at the addresses set opposite thor respective
namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assmsment roll of the Town of Southold; that ~id Notices were mailed a~ the United Stat~ Post Of-
rice at ~ ~ ~ , ~ ~ ; thai said Notices were mailed to each of said persons by
(registered) mail~
Sworn to before me this
day of
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re:
Appeal Application of
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property id the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
ho%qever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
~on the premises. '
-£ ]
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(SignetS_ please)
NOTE: If proposed project falls witg~in D.E.C. jurisdiction,
approval must be received an~ submit~&d to our office before
your application can be scheduled for a public hearing.
The N.Y.S. E~ironmental Quality Reviewer requires sub-
mission of this~rm, and an environmental Oview will be
made by this board before any action is tak'~qn.
SHORT ENVT. RON~E~;TAL ASSESSMENT
(a) In order to answer %he questions in this short EAF is is assumed that the
preparer will use currently available information concerning the project and the
l~ely ~c%s of ~he action. I~ is no: e~ec~ed %~ additional s~udiss, research
or ocher inves:i&a~ions w~l be ~der%aken.
(b) If any ~ues~ion has been answered Yes th. project ~y be si~lfican: an4 a
cc~pleted Enviro~ental Assessmen~ Fo~ ia necessary.
(c) If all questions have been answered No i% is l~ely tha~ this project is
significant.
(d) Enviror~ental Assessment
1. Will project result in a large physical cbmnge
%o the project mite or physically alter more
2. Will there be a major change %o any unique or
unusual land form found on the site? · , ·
3. Will project alter or have a large effect on
an existing body of water? . ,
Will project have a potentially large impact on
groundwater quality? , , , , . · . , · ,
~. W~ll project significantly effect drainage flow
on adjacent sites? ·
6. Will project affect any threatened or endangered
plant or animal species? . . . , , , , . ,
7. Will project result in a major adverse effect on
air quality? · · , , · · · , · ·
Will project have a major effect on visual char-
acter of ~he community or scenic views or vistas
known to be important %o the community? · · ·
Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleon~oiogicel
importance or any site ~esignated as a critical
environmental area by a local agency? . · ·
10. W~ll project have a major effect on existing or
future recreational opportunities? , . .
11.
Will project result in major traffic problems or
cause a major effect to existing transports%ion
12.
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a resul~ of the project's operation? .
13. Will project have any impact on public health or
safety? · · ,
l&.
Will project Affect ~he existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative ef£ec~ on t~e
character of the con. unity or neighborhood?..
Yes /Nc
Yes
Yes
Yes
Y~s
Yes ~
Yes /No
Yea /
15. Is there public controve, r_sy concerning the project? Yes
PREP~R£R'S SIC:CAT%ME: ~4t .~6~,/~'~./~ TITLE: