HomeMy WebLinkAbout3531
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD Z5 SOUTHOI_D, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 353]
Application Dated June 24, ]986 (Public
TO: Costello Marine Contracting Corp.
as Agent for ALBERT J. BRENEISEN
P.O. Box AK
Greenport, NY 11944
Hearing July 17,
1986 )
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on July 3], ]986,
the above appeal was considered, and the action indicated below was
on your
taken
[ ] 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-]]9.2(B)
[ ] Request for
Application of ALBERT J. 8RENEISEN for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2(B) for permission to construct
pool, deck and fence enclosure within 75 feet of mean high water along
Dawn Lagoon, 715 Dawn Drive, East Marion, NY; County Tax Map Parcel
No. 1000-35-5-16;. Cleaves Point Section III, Lot No. 71.
WHEREAS, a public hearing was held and concluded on July 17, 1986
in the Matter of the Application of ALBERT J. BRENEISEN under Appeal
No. 3531; 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:
1. The premises in question is located in the "A" Residential
and Agricultural Zoning District along the south side of Dawn Drive
Greehpo~t, New York, is identified on the Suffolk County Tax Maps as
District lO00, Section 35, Block 5, Lot 16, and on the Major Subdivi-
sion Map of Cleaves Point, Section III, as Lot #71.
- 2. The subject premises consists of a total area of approxi-
mately 20,000 sq. ft. with 75.19 ft. frontage along the south side
of Dawn Drive, and along Gull Pond/Dawn Lagoon waters edge at a tie
line of 164± feet. The premises is improved with a single-family,
one-story frame dwelling set back 60± feet from its closest point
from the ordinary highwater mark as more particularly shown on survey
dated May 5, 1969, prepared by Roderick VanTuyl, P.C.
3. By this application, appellant requests permission to
locate a 20' by 40' inground swimmingpool, together with eight-foot
wide decks, detached from the dwelling in the rearyard area, having
a setback not closer than 30 feet from the llO' retaining wall, all
DATED:
Form ZB4
(rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3531
· Matter of ALBERT J. BREN£ISEN
Decision Rendered July 31, 1986
as more particularly shown by sketch dated November 28, 1985,
prepared by Costello Marine Contracting Corp. A fence enclosure
is proposed along the westerly property line and will not be
placed any closer than 30 feet of the mean high water mark, or
seaward of the llO-ft, retaining wall.
4. Article XI, Section 100-119.2, sub-paragraph (B)
requires all buildings and structures 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 high-
water mark of such tidal water body, or not less than seventy-five
feet from the landward edge of the tidal wetland, whichever is
greater.
5. It is noted for the record that permits have been
issued by the Southold Town Trustees, Wetlands Permit #266
dated May 15, 1986, and by the N.Y.S. Department of Environ-
mental Conservation under Tidal Wetlands Permit #10,85-1498
dated April 28, 1986, for the placement o.f a 75' retaining wall,
llO' retaining wall, and the subject 20' by 40' swimmingp~ol and
deck construction. It was noted that the building construction
is above the existing lO-ft, contour elevation between llO-ft.
retaining wall and existing residence.
6. It is the opinion of the board members that: (a) the
pool construction be located as far back from the retaining wall
and mean high water mark as possible, which in turn would be the
minimal variance necessary; (b) any draining or discharge from
the pool not enter the tidal waters at any time.
In considering this appeal, the board finds and determines:
(a) that sufficient practical difficulties have been shown to
warrant the granting of this variance; (b) the circumstances are
unique and not shared by all other properties in the neighborhood;
(c) there will be no substantial change in the character of the
area or detriment to adjoining properties; (d) the relief
stipulated below is not substantial; (e) the difficulties cannot
be obviated by some method feasible for appellant to pursue other
than a variance; (f) the variance will not in turn cause a
substantial effect of increased population density or be adverse
to the safety, health, welfare, comfort, convenience and order
of the town; (g) the interests of justice will best be served
by allowing the variance, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Doyen, it was
RESOLVED, that a Variance for permission to locate accessory
20 ft. by 40 ft. inground swimmingpoo!, deck areas~.and fence en-
closure, BE AND HEREBY IS APPROVED in the Matter of the Application
of ALBERT J. BRENEISEN under Appeal No. 3531, SUBJECT TO THE FOLLOW-
ING CONDITIONS:
1. Pool construction be located no closer than 40 feet to
the mean highwater mark or rear property line, whichever i.s closer;
deck areas not to be any closer than 30 ft., as applied;
2. Pool not be enclosed or roofed;
3. Ground lights m~st be of a mushroom-type, not having an
adverse effect on neighboring properties;
4. Any change or deviation from the plan which would cause
a relocation of the pool will require a reapplication and recon-
sideration.
Doyen.
tion was
lk
Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and
(Members Douglass and Grigonis were absent.)._This resolu ....
duly adopted. _~ " .
GERARD P. GOEHRINGER,
August 12, 1986
RECEIVED AND FILED BY
~ sour. om Tow~ c~.~
DATE ~//~k~ HOUB ~'e'~' I~,!~
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,
JULY 17, 1986 and as follows:
7:35 p.m. Appeal No. 3529 - PAUL KELSCH. Variance to
the Zoning-Ordinance~ Article ~It~- Section 100-31 for permis-
sion to construct deck addition to existing dwel.qing with an
insufficient rearyard setback,
NY, County Tax Map Parcel No.
7:40 p.m. Appeal No~ 3526
at 405 Wendy Drive, Laurel,
'000~27-08-19.
BRU~Ei~ND SHIRLEY SIEVERMAN.
Variance to the Zoning Ordinance, Article III, SectCon
lO0-31 for permission ~o construct deck addition to existing
dwelling and attaching a~ existing swimm~ngpool, leaving a~
~nsufficient setback from the southerly ls~de) ~ '
property line on this corner lot. L~cation of Property~
50 Aquaview Avenue and Rocky Point Road, East-M~rion~ NY~
County Tax Map Parcel No. I000~21-3-1.
7:45 p.m. Appeal No. 3528 RICHARD AND ALICE McMANUS.
Variance ~o the Zoning Ordinance~ Article III, Section lO0~31
and Section 100-13(2)[B] for approval of the construction of
an open porch in excess of 30 s.q. ft~ ~n area, having an
insufficient setback from the front property l~ne at
710 Cedar Lane, East Marion, NY; County Tax Map Parcel
No. 1000-31-6-5.1.
/x~ 7:50 p.m. Appeal No. 3531 - ALBERT J~ BRENEISEN.
Variance to the Zonin. g Ordinance~ Article XI, Section
100-119.2(B) for permission to construct pool, deck and
fence enclosure within 75 feet of mean high water along
Dawn Lagoon~ 715 Dawn Dr~ve~ East Marion, NY; County Tax
Map Parcel No~ 1000-35~5-16; Cleaves Poin~ Section III,
Lo-t #71. -
7:55 p.m. Appeal No~ 3521 - ANDREW AND WILLIAM GOODALE.
Variance to the Zoning Ordinance, Article III, Section lO0-31
for permission to reduce living area in-preexisting, noncon-
forming dwelling unit in this ~'B-1~' General Business Zoning
District, to less than 850 sq~ ft~ Location of Property:
Page 2- Notice of Hearings
Southold Town Board of Appeals
July 17, 1986 Regular Me~eting
122-6'30.1 (or 30-).
County Tax Map Parcel No. 1000-
8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Variance to
the Zoning Ordinance, Article III, Section lO0-31, Bulk and
Parking Schedule, for approval of insufficient lot area of
proposed Parcel No. 2 in this two-lot-division/set,off located
on the north side of a private ri§ht-of=w'ay extending off the
north side of Bergen Awenue, Matt.ttuck, N~ County-Tax Map
Parcel No. 1000-112~01~18.
8:]0 p.m. Appeal No~ 3517 ~ ROSALZE GOWEN. Variance to
reconsider the relief requested under Appeal No. 3450 for
Variances to the Zoning Ordtnance~ Article III~ Section I00~31,
Bulk Schedule, for approval of: {l) insufficient lot area,
(2) insufficient ~ot~width-~ (3) insufficient lot depth, of two
parcels as proposed tn this pend%n9 se~-off/redi~isi~on of qand
located at {he corners of Zena Road, Cp-~-~i~d Drive and- Central
Drive, Mattituck~ 'NY; Cpt~ Kidd's Estates Filed Map #1672~
Lots 134, 153, 154~~ County Tax Map Parcel No. 1000=106-02-32 and
8:15 p.m. Appeal No. 3522 NORTH FORK B~NCORP.. Variance
to the Zoning Ordinance~ Article VII, Section 100-7.0(C)[2] for
permission to install: (1) large o~pr6mises]identification
sign in excess of the maximum height and width requirements,
and (2) second on-premises identification/d%rectory sign, at
premises known as 90'25 Main Road, Mattituck, NY; County Tax
Map Parcel No. 1000-122~6-020. Zoning District: "B-Light
Business.
8:20 p.m. Appeal No. 3527 - ROBERT AND CHARLOTTE WISSMAN.
Variances ~o the. Zcni~g O~dinance: (a) Article III, Section
100-31, Bulk Schedul6~ for location of new single-family
d~ellin§ with reduced sideyards, frontyard, and.?ea~y~rd
setbacks; and (b~ Article ~]Secti~6m]~OO~ll9.2(B) for
location of new dwelling w~th-reduced setback from highwater
mark at.Fordham Canal. Location of Property: 715 Gull Pond
Lane, Greenport,. NY~ County Tax Map No. 1000=35-04-00~.6
(referred to as Lot "C' in prior subdivision records).
8:30 p.m. Appeal No. 3428 BERTHA KURCZEWSKI. Variance
to the Zoning Ordinance, Article III, Section 100-31~ Bulk and
Parking Schedule, for approval of insufficient area and frontage
(lot width) of two parcels tn this pending set-off division of
land, located a~ the east side of Depot Lane, Cutchogue, NY;
Page 3
Southold
July 17,
Notice of Hearings
Town Board of Appeals
1986 Regular Meeting
County Tax Map Parcels No. 1000-102-02-003 and 025.
8:40 p.m. Appeal No. 3513 STEPHE~ SHILOWITZ. ~Variance
to the Zoning Ordinance~ Article XI, -Section lO0-119.2(B) for
permission to construct condominium complexes wit~hin 75 feet
of bulkhead and tidal water~ at the west s~de of Sixth Street,
Greenport, NY; County Tax Map Parcel No. 1000-~49-01-25~1.
Zoning DisTrict: "M-Light M~ltiple.~ (Recessed from June 19,
9:00 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER.
Variance to locate pool, deck and fencing within 75 feet of
bulkhead and tidal water, at 100 McDonald's Crossing., Laurel.
(Recessed from June 19: 1986)
1986 )
9:15 p.m. Appeal No. 3489 PAUL LEARY for Reveral of
Building Inspector's Decision concer~ng property of FRANK E~
AND MARY BROPHY, 75 Second Street, New 'Suffolk. (Recessed
from June 19-~ ~986).
The Board of Appeals will hear at said time and place alt
persons o~ representatives ~siring to be heard in each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the subject hearin§. For more information,
please call 765-1809. _
Dated:
July 2, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: .Please publish. THURSDAY, JULY l'O, 1986
and forward two~daFits of publicat~before 7/15
to: Board of Appeals, Main Road, Southold, NY 1197].
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated .... ~ .Lc...e~..~...,
1
rot p~rait to. ~.~'~TC~.~.C,T., .t ~,.'~ .~Rc4~. t~ E>..~..~. ,~..c~.~..~ ~. ~o. ~. at
Hou~ Ho, Hamlet
CountyT~ Map No. I000 S=ction . .Q.$~ ..... Block ...~,~ ...... ~ . ~( ~ .......
Subdivi~o~V~.~,... Vi~=d ~ap ,o ................ Lot ,o.. ~. ] ............
is returned herewith and disapproved on th~ following grounds ...............................
..'~.~.~---~....L..~..c..,C,.'r;.~....Q.~. ~ L- . ..
...~.~z't ~ ~. ..... ~.o .... /..%
· :,..v. ,".c .~. ~e,.....,~..... :7.% ~o.?:... ::~.'C...'-¢..~...c. ~.
· .~ ~.%.~...~. ~T~ .'C~,.. h-~x~..or~...T~ ~. c~.~...~.~,,~'-z.
.... Z-.oJ:~ 4.~-]..7'~ ,.~..~.. ~o~. .........
RV 1/80
/~ ~TOWN OF SOUTHOLD, NEW YORF~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
tO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) .A..Z.b..e..~...t...~..*.....~.~..e.~.e.~.s...e..~. .................... of ..7..]:..5....D...a..W~...D...~..J:.Y..e. .........................................
Name of Appellor~t Street ar~d Number
Greenport, New York 11944 516-477-0675
............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... r~AT:r~6/17/86
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
( )
Albert J. Breneisen
Name of ApPlicant for permit
of
7~ .~ .5.....D..a. :~ .n....D..r..i..v..e.. ....................... .~.~Z~pozt., ................. ~.z ...... zl~4 .....
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
....... 715 Dawn Drive
1. LOCATION OF THE FKJJP'I=KI Y .............. ~ ............... ~,~,.~,~ ............. ; .... ~ .....
100-035-5-016 (D~ ~s~eef Use District on Zoning Mop
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 XI Sec 100-119.2B
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
~rt. 16 Sec. 280A Subsect~en. 3
4. PREVIOUS APPEAL A previous appeal ~[~[has not) been made with respect to this decision
of the Building inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ..........................; ...... Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance ~to Section 280A Subsection 3
A V~rie~ce '~.~ Ch~ ~_o~'~i~ Ordinance
is requested for the reason that
Pornl ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-
sory HARDSHIP becau~Of the preclusion of the construction of the swimming
pool since no other practical location is available. Appropriate
retaining walls have been constructed and are in place in accordance
with the permits qranted ~y the Department of Environmental Conser-
vation (DRC) and %he Boara of Soutnold Town Trustees. These same
permits were previously granted for the subject swimming poolo
2. The hardship created is UNIQUE and is not shared by ali Droperties alike in the immediate
vicinity of this property and in this use district because o$ ~.~e reasons set forth
above.
3 The ~ar,ance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
C-~ARACTER OF THE DISTRICT because it is consistent with pools established
on other properties of comparable location. Further, the walls and
pools are a substantial improvement to the property which heretofore
was largely unus~bie and non-functional~ Further, the variance
clearly is in conformance with the spirit of the ordinance as
demonstrated by the prior approvals of the Department of Environ-
mental Conservation (DEC) and the Board of Southold Town Trustees~
Moreover, the variance would allow for an improvement in the
character of the District.
STATE OF NEW YORK )
) ss
COUNTY OF ) ..... ,'" ~i '
Sworn to this ~ day o ....... : ........................................ 19 '~G'
....... ' ' - i/~-' Notary [~ubhc
~NI~ k MO~A~
~ ~io, ~te ~ N~ Y~
OWNER
FORMER/O~?.E, R
~F~S, '~1~ S~,S.
'\ND IMP.
TOTAL
PROPERTY'
RECORD
CARD
SUB.
FARM
DATE
COMM. CB, MICS.
REMARKS
Mkt. Value
LOT
AGE
I'! FARM
I Tillable
Woodland
Meadowland
BUILDING CONDITION
NORMAL BELOW ABOVE
Value Per t
V~lue
Ac re
1
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEP'TH
BULl<HEAD
DOCK
Acre
COLOR
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Foundation
Ext. Walls
Bath '
Floors
! nterior Finish
Dinette
Garage
Patio
Total
/,
Fire Place
Type Roof
Recreation Room
Dormer
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
BR.
FIN. B
0
~k
U~G~
COUNTY OF' SUFFOLK
Department of Plannin$
360-5206
Town of Southold
Board of Appeals
August 19, 1986
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the folloving application(s) which have been referred to the Suffolk
-County Planning Comtssion are considered to be a matter [or local determina-
tion. A decision of local determination should not be construed aa either an
approval or a disapproval.
Applicant(s)
Mtmicipal Tile Number(s)
Daniel & Lisa Jerome
~Aobert & Charlotte Wissman
Albert J. Breneisen
3499
3527
3531
Very truly yours.
Lee E. Koppelman
Director of Planning
Chief Planner
S uthold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
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:
X× Variance Yrom the Zoning Code, Article×i , Section 100-119.2
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal NO;: 3531 Applicant: Albert J, Breneisen
Location of Affected Land: 715 Dawn Drive, East Marion,
County Tax Map Item No.: 1000- 35-5-16
Within 500 feet of:
Town or Village Boundary Line
NeY.
×X
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or
Boundary of Existing or
Other Recreation Area
P~oposed County, State or
Proposed County, State or
Federally Owned Land
Federal Park or
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 construct pooZ~ deck
Copies of Town file and
Dated: AuguSt 1~, 1986
related documents enclosed for your review.
Secretary, Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICK[
Southold Town Board of Appeals
MAIN RrlAD- STATE; RnAD 25 SI"IUTHOLD. L.I., N.Y.
TELEPHONE (516) 765-1809
August 12, 1986
Costello Marine Contracting Corp.
P.O. Box AK
Greenport, NY 11944
Re: Appeal No. 3531 - Albert J. Breneisen (Variance)
Gentlemen:
Attached
determination
Office of the
hereto is a copy of the official findings and
recently rendeKed and filed this date with 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 document~ as may
be applicable.
If this application'involves a pending subdivision or
site plan, plqa.se return to the Planning Board for further
processing by their office.
Please'do
or that of the
questions.
not hesitate to call either our office (765-1809)
Building Inspector. (765-1802) if you have any
Yours very truly,
GERARD P. GOEHRINGER
Enclosure CHAIRMA~
Copy of Decision to
Building Department By Linda Kowalski
Southold Town Trustees
Suffolk' County Planning Commission
Mr. Albert J. Breneisen
Southold Town Board of Appeals
MAIN ROAD- STATE RnAD 2,5 SOUTHOLD, L.I., N.Y. '11971
TELEPHONE (5'16) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKt
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 fre'e to call
our office, 765-1809.
Yours_ very ~ul~,?/~ ~
G'ERARD P. 'G6EHR~GER ~ ~
CHAIRMAN
Enclosure
Linda ,Kowalski
Secretary and Board Clerk
Southold Town.Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. ]]97]
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEH':RINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
July 17, 1986
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~
APPEAL NO.: 3531
PROJECT NAME: ~LB.ERT j. ~R.ENEiSEN
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 simil&r
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Accessory pool, deck and fence enclosure
within 75' of mean high water
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 715 Dawn Drive, East Marion, NY
1000-35-5-16 -
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 impleJ
mented as planned;
(2) The relief requested is a setback variance regulated as
provided in Section 617.13 of the State Environmental Quality Review
Act, 6 NYCRR.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
~JYOEK STATE DEPARTMENT OF ENVIEONMI2~JkL CONSEEVATION
Regulatory Affairs Unit
Bldg. 40, SUNY--Room 219
Stony Brook, R~/ 11794
(516) 751-7900
April 28, 1986
Mr. Alfred J. Breneisen
Dawn Drive
East Marion, N.Y. 11939
RE: Permit No. 10-85-1498
Dear Mr. Breneisen:
In conformance with the requirements of the State Uniform Procedures Act
(A~ticle 70, ECL) and its implementing Regulations (6NYCRR, Part 621) we
are enclosing your permit. Please read all conditions carefully. If
you are unab__l~ to comply with any conditions, please contact the
Re§ional Regulatory Affairs Unit, NYS Department of Bnvirovmental .
Conservation, State University of New York at Stony Brook, Building 40,
S~ony Brook, New York.
Also enclosed is a permit signwhich you are to conspicuously post at
the project site, protected from the weather.
Very truly yours,
Charles T. Hamilton
Alternate Regional
Permit Admimistrator
CTH:
Enclosure
The following conditions shall apply if checked as applicable by the
Regional Permit Administrator:
All dredging shall be conducted so as to leave a uniform bottom
elevation free of mounds or holes.
All spoil material shall be disposed of either in the Atlantic
Ocean or at an approved U.S. Government Dumping Ground, as directed
by the District Engineer, U.S. Department of the Army, Corps of
Engineers. Any spoil material not intended for such water
disposal shall be removed from the site and disposed of at an approved
upland site. ~
All fill and spoil material shall be suitably contained at the work
site so as to prevent its eroding, leaching or otherwise entering
into adjacent wetlands and waterways.
All peripheral rip-rap berms, cofferdams, rock revetments, gabions,
bulkheads, etc. shall be completed prior to placement of any fill
material behind such structures.
All repairs to existing structures shall be confined to replacement
of existing structural elements with no change in design, dimension,
ormaterials, unless specifically authorized herein.
Pe
The following Water Quality Certification shall apply if required
by one or more agencies of the United States Government and if
checked as applicable by the Regional Permit Administrators:
DATE
DEC# I0-85-14q8
Page 4 of 4
In accordance with Section 401(a)(l) of the Clean Waters Act of
1977 (PL 95-217) the New York State Department of Environmental
Conservation hereby certifies that the subject project proposal
will not contravene effluent limitations or other limitations or
standards under Sections 301, 302, 303, 306 or 307 of the Act.
Charles T, Hamilton
Alternate Permit Administrator
Division of Regulatory Affairs
NYS Department of Environmental
Conservation
Building 40, SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900
SUPPLEMI~TARY SPECIAL cONDITIONS
The following conditions apply to all permits:
I. If any of the permit conditions are unclear, the permittee shell contact
the Division of Regulatory Affairs at the address and telephone noted below.
B. A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
C. The permit sign enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspi¢inus location
at the work site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work, the
bottom portion of that form shall also be completed and returned.
E. For projects involving activities to be accomplished over a period er more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the commencement of resumption of work each
year.
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by the
Regional Permit Administrator prior to undertaking any such modifications.
The permittee ia advised that substantial modification may require sub-
mission of a new application for permit.
G. Ail necessary precautions shall be taken to preclude contamination of any
wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
H. Any failure to comply precisely with all of the terms and conditions of
this permit, unless authorized in writing, shall be treated as a violation
of the gn~rironmental Conservation Law.
I. The permittee is advised to obtain any permits or approvals ,that may be
required from the U.S. Department of Army Corps of Engineers, NY District,
26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions
Branch), prior to commencement of work authorized herein.
J. The granting of this permit does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary approval
from the Division of Land Utilization, Office of General Services, Tower
Building, Empire State Plaza, Albany, NY 12242, which may be required for
any encroachment upon State-owned lands under water.
Regional Permit Administrator
NYS Dept. of Environmental Conservation
Bldg. 40, SUNY--Ronm 219
Stony Brook, NY 11794
(516) 751-7900
DEC #
10-85-1498
Page 3 of 4.
95-20~a (9t85)
AD~ITION.~ GENERAL CONDITIONS fO ICLES 15 {Title S), 24, 25, 34 and 36 (
10 That if future, operations by the State of New York require an al- 14 Any material dredged in the prosecution of the work herein permitted
teration in the position of the structure or work herein authorized, or
if. in the opinion of the Department of Environmental Conservation
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State, or cause loss or destruction of the natural
resources of the State, the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused
thereby without expense to the State, and if, upon the expiration or
revocation of this permit, the structure, fill, excavation, or other
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State, and to such
extent and in such time and manner as the Departmem of Environmental
Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration.
11 That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may be caused
by or result from future operations undertaken by the State for the
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
12. That if the display of lights and signals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may
be prescribed by the United States Coast Guard shall be installed and
maintained.
13 All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, [eachate or any
other environmentally deleterious materials associated with the
project.
shall be removed evenly, without leaving large refuse piles, ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
a waterway.
15 If any material is to be deposited or dumped uoder this permit, either
in the waterway or on shore above high-water mark, it shall be deposited
or dumped at the locality shown on the drawing hereto attached, and,
if so prescribed thereon, within or behind a good and substantial
bulkhead or bulkheads, such as will prevent escape of the material
into the waterway.
16. ThereshallbenounreasonabieinterferencewithnaviBationbythework
herein authorized.
17 If granted under Articles 24 or 25, and if upon the expiration or re-
vocation of this permit, modification of the wetland hereby authorized
has not been completed, the applicant shall, without expense to the
State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
18 if granted under Article 36, this permit does not signify in any way
that the project will be free from flooding.
19. All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application.
Such approved plans were prepared by
Costello Marine Cont.Corp. 11/28/85
on
SPECIAL CONDITIONS
Supplementary Special Conditions (A) through (J) attached.
Additional Supplementary Special Conditions (M) and (N) attached.
10-85-1498
PROGRAMffACILITY NUMBER J
N/A Page ? of 4
NEW YORK STATE DEPARTMENT OF ENVIRONMEN f
· NEW YORK STATE DEP/~IENT OF ENVIRONMENTAL CONSERVA~N
UNI~RM PROCEDURES ACT
460477
Check ~ Money Order []
Check or M.O. No.: ~0'~4
32-14-13 (9/77)
86
--t/87
- fnt
DEP RTMENT PRESENT VE
ADDRESS OF PERMITTEE
Dawn Dr., East Marion, NY 11939
^CENT fOR CERM~TTEE/CONTACT PERSON TELEPUONE NUMeER
ostello Marine Cont.Corp.,Box AK, Greenport,NY 11944 477-1199
NAME AND AODRES$ OF FACILITY (If different from Permittee)
LOCATION OF PROJECT Gull Pond & COUNTY TOWN/CITY/VILLAGE UTM COORDINATES
D~wn Lagoon,East Marion Southold Suffolk
DESCRIPTION OF PROIECTJFACILITY
wall 110 1.f. long further landward at hi~her elevation· Con.~tr,wr ?~'~A~'
pool near and above existin~ 10' contour elevation between Rm~nnd w~11
residence. All work to be in accordance with referenced planm.
47,~,~1~ ~OANCE DATE P~"MIT ^DMIRIST"^TO" ADDE£$S Bldg. 40, SUNY,R~. 219
Charles T. Hamilton Stony Brook~ NY 11794
cc ;D.Fallon
? New York State
Department of Environmental Conservation
NOTICE
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted on this site. For further informa-
tion regarding the nature and extent of work approved and any
Depa. rt.mental .c. onditions on it, contact the Region.a.I Permit
AdmInistrator I~sted below. Please refer to the permit number
shown when contacting the DEC.
Charles T. ISmmtlton
A~ternate Regional Permit Administrator
Permit No.
10-85-1498
Expiration Date
95-20-1 (11~
NOTE: This notice is not a permit
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPIIONE
(§16) 765-1892
February 28, 1986
Mr. John Costello
Costello Marine Contracting Corp.
Box AK
Greenport, New York 11944
Re: Wetland Application No. 338
Dear Mr. Costello:
The following action was taken by the Board of Trustees
at a regular meeting held on February 27, 1986 regarding the
above referenced application.
Moved by Trustee Goubeaud seconded by Trustee Krupski
WHEREAS, Costello Marine Contracting Corporation on behalf of
Albert J. Breneisen applied to the Southold Town Trustees for
a permit under the provisions of the Wetland Ordinance of the Town
of Southold,,application dated December 3, 1985, and
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and recommendations,
and,
WHEREAS, a public hearing was held by the Town Trustees with respect
to said application on February 27, 1986 at which time all interested
persons were given the opportunity to be heard,
W~EREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area; and,
WHEREAS, the Board considered all testimony and documentation
submitted concerning this application; and it is noted that there
was no public opposition; and,
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety, and general welfare of the people of
the Town,
NOW, THEREFORE, BE IT
RESOLVED, that Costello Marine Contracting Corp. on behalf of
ALBERT J. BRENEISEN be GRANTED permission under the provisions of the
Wetland Ordinance of the Town of Southold, New York all in accordance
with the application submitted. This permit will expire on Feb. 27, 1987
if work is not complete by same. The Trustees are to be notified upon
-2-
completion of the work. There shall be no discharge of pool water
into the creek.
Please be advised that there is a $5.00 Wetland Inspection
fee due and payable. Upon receipt, your permit will be forwarded
by mail.
Very truly yours,
Henry P. Smith. President
Board of Town Trustees
Ilene Pfifferling
Clerk to Trustees
HP S: ip
cc: Trustees
file
('4
Z
GULL
,/
Ed, m~doo I.aw.
NOTICE OF
NOTICe, IS n ay 6iV.
the Town ~W and
the Town of. ~uthold, the.
f~lo~ng pubic h~ will
held by thg SOUTHOLD
~WN BOARD OF APPEALS
at the Southold ~wn Hall,.
Ma~n ~ad, ~uthold~ NY al a
g~gular M~ commencing
7:30 p.m. on THURSDAY,
JUL~ 17, 1986 ~d as follows:
7:35 p,m,'Appeal No. 3529-
PAUL KELSCH. V~riance to
the ~nmg Ordma~
sion to consirUct d~k'~dditiofi
re existing dwellin~ with an in~
sufficient ~ard setback, al
405 Wendy Drive, ~urel, NY:
County ~ Map Parcel No.
J~-12%08-19.
7:40 p.m. Appeal No, 3526-
BRUCE AND SHIRLEY
SIEVERMAN. Variance to the
~niug Ordinanc~ Arlic~ Ill,
Section 1~-31 for permission to
construct deck addition to ex-
isling dwelling and attaching an
existing swimming pool, leaving
an insufficient setback from the
southerly (side) property line on
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy~
has been published in said Long Island Travel,er-Watchman
once each week for .........................../ weeks
successively, commencing on the ............. .' ........
day u .y-:~(_.73...... ~.~: . .z ..... ,
Sworn to before me this ........... ./~...%/ ..... day of
8:10 p.m. Appeal No. 351%
this corner I.ot. Location of
Pr .... ~ ROSALIE GOWEN. Var~nce
an~P~otYc~V~o~nUtV~eoWa~.Ve~nu? ! to the Zoning Ordinance, Arti-
-- . ~.Y.. ~ , mst :. cie Ill, Sect on 100-31, Bulk'
7 45 ' - ' ',' '.~i ',2.~ ) ~?ufficien/i6t/ar~a, (2) insuffb
R,~:~4aP~Pfft~a~,a~za~ ! q:ient et ~dt~ ($)insufficien,
m'c~V~ ~I~/'I~1'~ ~; i~"n c e '. "t g ' ~'h~i ; ''lOt ~epthi 0r twO parcels as pro-'
· ~* ~'i posed in this lS~nding set~
~Zon!ng O.r~d?~.nce, A, rt~le !.II, 4 off/redly s on of land located at.',
~ectmn tuu-~ aaa ~,¢ction i the corners Of Zena R0ad, Capt:
100-13(2)lB] for approvaiof the. Kidd Drive and Central Drive;.
construction of an open porch' Mattitock, NY; Capt. Kidd's
in excess of 30 sq. ft. in ama,, Estates Filed Map No, 1672,
having an insufficient setback.' Lots 134, 153, 154; County Tax
f~om the front property line at Map Parcel No, 1000-106-02-32
710 Cedar Lane, East Marion; ~.~1~4~ ........... . .
N'~ County Tax Map Parcel No, ........
1000-3L6-5.1. · .~,. 8:13, p,m. Appeal No,
~7:50 p.m. Appeal No. 3531; · 3522-NORTH FORK
· ALBERT J. BRENEISEN. ~ BANCORP. Variance to the
Variance to the 219nlng Or- [? ZonlngOrdinance,ArticleVll,
Section 100~70(C)[21 for permis-
dinance Article XLI,Sectio~i
~00-119.2 (B)for ~ission t0~ ~ion tO install: (1) large on-
construct pool, deck, and fence promises identification sign in
enclosure within 75 feet of mean' excess of the maximum height
high water along Dawn Lagoon/ and width requirements, and (2).
715 Dawn Drive, East Marion, % second on-premises identifica-
N Y; County Tax Map Parcel No, · lion/directory sign, at premises
1000-35-5-16; Cleaves Point Sec-~ '~knoWn al 9025 Main Road;
~.~tion Ill, Lot No. 71, '/~/ Mattitack, NY: County Tal
~ 7:55 p.m. Appeal No. 3521-~ Map Parcel No. 1000-122-6-020.
ANDREW AND WILLIAM, Z~ing District: "B-Light
Business;' '
8120 p.m. Appeal No. 3S2%
ROBERT AND CHARLOTTE
WISSMAN. Variances to the
Zoning Ordinance: (a) Article
111, SeCtion 100-31, Bulk
Schedule for location of new
sing{e-fami{y dwelling with
reduced sideyards,frontyard, and
' rearyard setbacks; and (b) Arti-
cle XI. Section 100-ll9.2(B) for
location of ne,v dwelling with
reduced setback from highwater
mark at Eordham Canal· Loca-
tion of Property: 715 Gull Pond
Lane, Greanport, NY; County
Tax Map Parcel No.
1000-35-04-007.6 (r~l~rred to as
Lot "C" in prior subdivision
records).
Notary Public
BARBARA FORBES
Notucy Public, State of New Yo~k
No. 4806846
Qualified in Suffolk County
GOODALE. Variance to the,
Zoning Ordinance, Article I11,.
Section 100-3.1 for Permission
reduce living area in preexisting~'
nonconforming dwelling unit in.
this "B-I" General Business:
Zoning District/to less tha
sq. ft. Location of Property:
7655 Main Road, Laurel, NY;,
County Tax Map Parcel No.
1000-122-6-30.1 (or 30).
8:00 p.m. Appeal No. 3523~
STEVE KALAIJIAN:
Variance to the zoning Or~
dinance, Article lll,.~Sectior~
100-31, Bulk and Parking.
Schedule, for approval of insuf-
ficient lot area of p~oposed
Parcel No. 2 in this two-lot divio.
sion/set-off !ocated oO the north
side of a private right-of-way ex-
tending off the north'side of.
Bergen Avenue, Malttt6ck,
County Tax Map tMre¢l
8:30 p.m. Appeal No. 3428-
BERTHA KUROZEWSKI.
Variance to the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk and Parking
Schedule, for approval of insuf-
ficient area and 'frontage (lot
width) of two parcels in this pen.
ding set-off division of land,,
located at the ~ast side of Depot
Lane, Cutchogue, NY; County
Tax Map Parcels, No,
1000-102-02-003 and 02~.
8:40 p.m. Appeal No 3513-
STEPHEN SHILOWITZ.
Variance to the Zoning Or:
dinance, Article XL Sectimi
100-119.2(B) for permission t6
construct condominium corm
plexes within 75 feet of
bulkhead and tidal water, at the
west side of Sixth Street, Green-
port. NY; County ]*ax Map
Parcel No. I000,49.01-28,1, Zon-
ing District: "M-Light Multi-
pie:' (Recessed from June 19,.
1986).
9:00 p.m. Appeal No, 3510-
RICHARD AND RUTH
ZEIDLER. Variance to locate
pool, deck, and fencing within
75 feet of bulkhead and tidal
water, at 100 McDonald'$ea~oas-
lng, Laurel. (Recessed from June.
19, 1986).
9:15 p.m. Appeal No J489~
PAUL LEARY !'or P,~-versal of
Building Inspector's Decisiorl
concerning property of FRANK
E. AND MARY BROPHY, 7.q
Second Street, New Suffoll~.
(Recessed from June 19, 1986).
the Board of Appeals will
hear at said time and place all-
persons or representatives desk,
lng to be heard in each of tho.
above hearings. Written corn-.
merits may also be submitted
prior to the conclusion of the
subject hearing. For mort infor-
mation, please call 765-1809.
Dated: July 2, 1986
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
1T-7/10/86(11'~
N O'~GE IS HEREBY GIVEN~
~ant ~ Section 267 of the
Town Law and the Cedn of the
Tuwn of ~uthold, ~e following
public hearings will be held by
O~e SO~HOLD ~WN
ROABD OF APPEA~ at the
~outhold Town Hall, Main ~ad,
N-uthold, NY at a Regular M~t-
mg commencing at 7:30 p.m. on
TItURSDAY, JULY 17, 1~
7:~5 p.m. Appeal No. 3529 -
PAUL KELSCH. Va~ance W
the Zoning Ordinance, Article
Ill. Section 100-31 for ~rmission
h~ construct deck addition ~
exisn ng dwelling with on i~uffi-
Wendy Drive, ~urel, NY;
County Tax Map Pa<el No.
N~'~5 POppeal No. ;1522 -
u~TH FORK BANCORp.
Variance to the Zoning Ordi-
nance, Article VII, SeYtion 10o
ROBERT AND CHARLOTTE
1000-127-08-19. Section 100-31, Bulk Schedule
7:40 p.m. Appeal No. 35~._ ~, for. location ofnew ~single-fam y
BItUCE AND SHIRLEY '~elling with reduced sideyards,
SIEVERMAN. Variance to the frontyard, and rearyard set-
Zoning Ordinance, Article III,
Section 100-31 for permission to
construct deck addition to exist-
mg dwelling and attaching an
e×~sting swimming pool, leaving
an insufficient setback from the
southerly (side) property line on
this cornet lot. Location of Prop-
erty: 50 Aquaview Avenue and
Rocky Point Road, East Marion,
NY; County Tax Map Parcel No.
7:45 p.m. Appeal No. 3528 -
RICHARD AND ALICE
McMANUS. Variance to the
Zoning Ordinance, Article II1,
Section 100-31 and Section 100-
t;h2)[BJ for approval of the con-
struct~on'ot an open porch in ex-
cpss of 30 sq. fi. in area, having
an insufficient setback from the
front property line at 710 Cedar
l,one, East Marion, NY; County
backs; and (bi Article XI, Section
I00-119.2(Bl for location of new
dwelling with reduced setback
from highwater mark at For-
dham Canal. Location of Prop-
erty: 715 Gull Pond Lane, Green-
pert, NY; County Tax Map No.
1000-35-04-007.6 (referred to as
Lot "C" in prior subdivision re-
cords).
8:30 p.m Appeal No 3428 .
BERTHA KURCZEWSKL
Variance to the Zoning Ordi-
nonce, Article 111, Section 100-
31, Bulk and Parking Schedule,
for approval of insufficient area
and frontage (lot width/ of two
p~rcela in this pending set-offdi-
vision of land, located at the east
side of Depot Lane, Cutchogue,
NY; County Tax Map Parcels
NO. 1000-102-02-003 ~nd 025
8:40 p.m. Appeal No. 3513 -
Tax Map Parcel No. 1000-31-6- STEPHEN SHILOWITZ. Vari-
5.1. '~ anco to the Zoning Ordinance,
/- 7:50 pm. Appeal No. 3531- I Article XI, Section 100-119.2(B)
Al,BERT J. BRENEIRE.,.N. ] for permission to construct con-
Variance to the Zoning Ordi- ! dominium complexes within 75
mnce, Article XI, Section 100- / feet of bulkhead and tidal water,
119.2(B) for permission to con- { at the west side &Sixth Street,
;truct pool, deck and fence enclo- T Greenpert, NY; County Tax Map
sure within 75 feet of mean high I Parcel No. 1000-49-01-25.1. Zen-
water ahmg Dawn Lagoon, 715 \ ingDistrict:-M_Light Multiple."
Dawn Drive, East Marion, NY; \
County Tax Map Parcel No. ~ See Legals, nexl page
1000-35-5-16; Cleaves Point S, ec- I
~ion 1[1, Lot #71. /
7:55 p.m. Appeal No. 3521 ~,
ANDREW AND WILLIAM
GOODALE. Variance to the
Zoning Ordinance, Article llI,
Section 100-31 for permission to
reduce living area in preexisting,
nonconforming dwelling unit in
thb; "B-1' General Busine~ Zon-
ing District, to less than 850 sq.
ft. Location of Property: 7655
Main Road, Laurel, NY; County
Tax Map Parcel No. 1000-122-6-
30.1 (or 30),
8:00 p.m. Appeal No. 3523 -
STEVE KALAIJIAN. Vari-
ance to the Zoning Ordinance,
Article Ill, Section 100-31, Bulk
and Parking Schedule, for ap-
ploval of insufficient lot area of
proposed Parcel No. 2 in this two-
lot division/set-off locatod on the
nm'Ih side of a private right-of-
w;~y extending offthe north side
ot Bergen Avenue, Mattituck,
NY; County Tax Map Parcel No.
8:10 p.m. Appeal No, 3517 -
HOSALIE GOWEN. Variance
to reconsider the relief requestod
under Appeal No. 3450 for Vari-
ances to the Zoning Ordinance,
Article III, Section 100-31, Bulk
Schedule, for approval of: (1) in-
sufficient lot area, (2) insuffi-
cient lot width, (3) insufficient lot '
depth, of two parcels as propesed
in this pending set-off]redivision
of land located at the corners of
Zeno Road, Cpt. Kidd Drive and
Central Drive, Mattituck, NY;
Cpi. Kidd's Estates Filed Map
#1672, Lots 134, 153, 154;'
County Tax Map Parcel No.
1000 106-02-32 and 43.
STATE OF NEWYORK )
) SS:
COUNTY OF SUFFOLK )
MAey Ellon Kelly of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published et Groenport, in the Town
of Southold, County of Suffolk and State of Now
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for 1
10
weeks successively, commencing on the
day of July 19 86
Legal Notices
Continued from previous page
(Recessed from June 19, 1986),
9:00 p.m. Appeal No. 3510 -
RICHARD AND RUTH ZEI-
DLER. Variance to local pool,
deck and fencing within 75 tbet
of bulkhead and tidal water, at
100 McDonald's Crossing,
Laurel. iRecessed from June 19,
9:15 p~m. Appeal No. 3489 -
PAUL LEARY for Reversal ot
Building inspector's Decision
concerning property of l~ RAN
E. AND MARY BROPHY, 75
Second Stteet, New Suffolk. ire-
cessed from June 19, 1986!.
The Board of Appeals will hear
at smd tdne and place all persm~s
or representati'.cs desiring to be
heard in each of the above hear-
trigs. Written comments may
also be submitted prior to thc
concluskm otthe subject hearing.
For more information, please call
765-1809
Dated: July 2, 1986.
BY ORDER OF
THE sOUTIIOLD ToWN
BOARD OF APPEALS
GFRARD P. GOEHRINGER,
CItAIRMAN
ITJy 10-5301
Regular Meeting July 17~ 1986
Copies of the Notice of Hearings on gr about 7/9/86 to:
Howard E. Pachman, Esq. for Bro~
Frederick M. Reuss~ Jr., Esq. for Le~z, 230 Hilton Ave, Hempstead,
11550-8116
Mr. and Mrs. Richard Zeidler, P.O. Box 165, Laurel~ NY 11948
Mr. and Mrs. Bertram Walker, Edgemere Park, Laure!~ NY 11948
Mr. and Mrs. Richard McManus, 96 Webster St, Westbury, NY 11590
Mr. Albert J. Breneisen, 715 Dawn Drive, East Marion, NY 11939
£ostello Marine Contracting as agent, P.O. Box AK, Greenport 11944
Mr. an~ Mrs. Bruce Sieverman, 50 Aquaview Ave, East
Andrew Goodale, Esq., Box 146, New Suffolk 11956
Mr. and Mrs. Paul Kelsch, Box 4Il, Laurel, NY 11948
Marion 11939
Mr. Steve Kalaijian, 25-56 222nd St, Bayside, NY 11361
Benro Survey Ltd., Attn: Christopher Henn, 121 Eddy Dr, Di× Hi}ls
as agent for Mr. Kalaijian
NY
11746
Stephen R. Angel, Esq. f¢,r Mr. Shilowitz, Box 108, East Main Street,
Riverhead, NY 119~]'
Mr. and Mrs. Robert W. Strong, 1067 Roselle Pl., Woodmere, NY 1159~
~_p_]~_9sin_~ Shilowitz application
Wickham, Wickham & Bressler, P.C., Attn: Ellen Urbanski
Main Road, Box i424, Mattituck, NY 11952 For Mrs. Kurczewsk~
Rudolph H. Bruer, Esq., Attn: Pat lqoore, Main Road, Southold, NY II971
For Mr. and Mrs. Wissman
Wickham, Wickham & Bressler, P.C. for North Fork Bancor~and Main Road, Box 1424, Mattituck, NY 11952
Posted on Town Clerk and ZBA Bulletin Boards 7/10/86
Copies to ZBA Members, Town Board and Planning Board
Copies to Building Department
OFFICEOFTHETOWN CLERK
TOWN OFSOUTHOLD
June 24, 1986
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPIIONF
(516) 765 1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3531 application of
Albert J. Breneisen for a variance. Also included is Notice
to Adjacent Property Owners; Notice of Disapproval from the
Building Dept.; DEC and Southold Town Trustees wetlands permits;
Short Environmental Assessment Form; letter relative to N.Y.S.
Tidal Wetlands Land-Use; Building Dept. COs; survey of property;
tax map; and proposed plans. ~~~
J Yerry
Southold Town Clerk
715 Dawn Drive
Greenport, NY 11944
June 26, 1986
(516) 477-2484
Ms. Linda F. Kowalski
Zoning Board of Appeals
Town of Southold
Town Hall
53095 Main Street
Southold, NY 11971
Dear Ms. Kowalski:
Thank you for your advice that my appeal of the
~ision of the Building Inspectors regarding my application
for a swimming pool has been set for July 17, 1986. Your
prompt attention to this matter is most appreciated.
I am submitting herewith an original and three
copies of a revised and amplified form of the appeal. Since
this in my judgment better articulates the basis of the appeal,
I would be most appreciative if the attached were substi%uted
for that previously submitted.
If there are any questions, please let me know.
Very truly yours,
Albert. ~reneisen
Enclosures
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO..3 5-~.°~1 ~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Albert J. Breneisen of 715 Dawn Drive
Nome of Appellant Street and Number
Greenport, New York 11944 516-477-0675 HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED6../...1..7./...8..6. .......................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
Albert J. Breneisen
Name of Applicant for permit
of
,7...1..5..,..D..a.. ,w..n.....D. ~..i..v..e.. ....................... .Gr.aez~pozt., ................. ~.;Y. ...... llg4.4 .....
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
715 Dawn Drive
1.LOCATION OF THE PROPERTY .....................................................................................................
100-035-5-016 (Dawn Street Use District on Zoning Map
Cleaver Po~nt East Lot 71 Estate~ .
.... ~ .......... burren~ 0whet Albert J. Breneisen
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XI Sec 100-119.2B
3 TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
~s requested for the reason that
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesor unneces-
sary HARDSHIP becau~ of the preclusion of the construction of the swimming
pool since no other practical location is available. Appropriate
retaining walls have been constructed and are in place in accordance
with the permits qranted by the Department of Environmental Conser-
vation (DRC) and ~he Board of Southold Town Trustees. These same
permits were previously granted for the subject swimming pool.
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 of the reasons set forth
above.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it is consistent with pools established
on other properties of comparable location. Further, the walls and
pools are a substantial improvement to the property which heretofore
was largely unusable and non-functional. Further, the variance
clearly is in conformance with the spirit of the ordinance as
demonstrated by the prior approvals of the Department of Environ-
mental Conservation (DEC) and the Board of Southold Town Trustees.
Moreover, the variance would allow for an improvement in the
character of the District.
STATE OF NEW YORK
COUNTY OF
)
ss
)
Sworn to this ..... : ........................................ day of
} Notary Public
,/
JANICE A. MONTANA
NuC~y Pubiic, State of New Y~t~
No. 43-4661862
Quelified in Richm~,td Count~
Certifi~te Filed in New Yo¢t~ County
Commi~ion Exl~'¢~ Mnr~h 30, 19,
BOARD oF APPEALS. TOWN OF SOUTHOLD
In the Matter ot the Petition of :
Alfred] J. Br~n~i~en :
to the Board of Appeals of the Town of Southold :
TO:
Mr. and Mrs. John A. Costello
216 Wiggins Lane
Greenport, NY 11944~ '
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU;, - HEREBY GiVEN NOTicE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special~__~_Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjaceat to your property and is des-
cribed as follows:
1000-035-5-16 ~
3. lha! the prop~r_~, which is the subiecl of such Petition is located in the following zoning district: /
4. That by such Petition, the undersigned will request the following relief: install a 40' x
20' £nground pool within ?5' o~: MHW behind existing retaining
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XI Sectic~ 1 nn-~ 1 cJ-~R
[ ] Section 280-A, New Yo~k Town Law for approval of access ove~ r~ght(s)-of-way.
6. ThaI within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the $ou~hold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same dur ng regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, apublic hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing most be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-~attituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: June 20~ 1986
P(~i~i~esr' N a m e-s: ~red 'J. Breneisen
Post Office Address
715 Dawn Dr±ve~
O:eenpo:t ~ NY 11 ~4.4
(Te]. 516-477-0675
PROOF OF MAILiN(~ QF
ATTACH CERTIFIED MAIL RECEIPTS
Joseph Hack
Robert G. williams
P 523 761 518
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAiL
(See Reverse)
COUNTY OF SUFFOLK) ss.:
.260 E. Shore Dr., Massapequa, NY 11758
24 Rogers Road, Great Neck, NY 11024
Alfred J. Breneisen , residing at 715 Dawn Drive
Green[~ort r NY , being duly sworn, deposes and says that on the __ day
of ,19 , deponent mailed a true copy of the Notice s~t 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 $outhold; that said Nolices were mailed at the United States Post Of-
ficeat g~eenport, NY 11944
(certified) (registered) mail.
Sworn t~kbefore me this c:~ '~¢/
day of ~J,./t~- _ ,. 19 &~
I~ Notary Public
; that said Notices were mailed to each of said persons by
JANICE A. MONTANA
Notary Public, State of New York
No. 43-4661862
Qualified in Richmond County
Certificate Filed in New York County__
Commission Expires Mar~h 30, 19
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
tosheBoardofAppealsoftheTownofSouthold
TO:
Mr. Joseph Hack
260 E. Shore Drive
Massapegua~ NY 11758
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special_____~Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to' ybur property and is des.
cribed as follows:
1000-35-5-16
3. That the properly which is the subject of such Petition is Iocateb in the following zoning district:
4. ThatbysuchPe]itiop_~uzns:al~ ~d~ ~lLcequestthefoll~wingr~ief:~ .
zu' in groun~ pool w~
behind exzs:lng re:aining wail
5. That the provisions of the Souxhold Town Zoning Code applicable to the relief sought by the under.
signed are Article xI Sectic~ I nn-1 I q--gR
[ ] Section g80-A, New Yo~k Town Law for approval of access ovel r~ght(s)-of-wRy.
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 dur ng regular office hours. (51.6) 7~5.'-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: June 20~ 1986
Petitione~
0wners'Name~
Post OfficeAddress
715 Dawn Drive
Greenport, NY 11944
(Tel. 516-477-06~ )
[he N.Y.S, [nvlronmencul Ou3) ~y l<uv~uw Act rcaulr~'~
~' mission of ~ form, ant an environme~ review will be ~,,
': made by this rd before any action ~s <eh.
. _ .... { ) In craer %o answer the que=tlcn~ tn this mhor% gAF 1~ ls a~m~ed
.... :,~ . ;. ; . . to the project ~tto or physically alter .... 5 , ._ , ~ :.~,,
unusual land rom fora on tam ~lte? ' ' . Y~= ~No '
~, W~ proJecu alter or b~v~ a large effect on
an ex~st~ng body of water? . , , , , ' · · ... Ye~ ~'~0 ....
A, W~I projec: h~vo a potentially largo ~ on
' * Yes
~. W~! proJec: ~l~ifican%ly effect draln~g~ ~ ~,..
6. Will project affec: any t~ea~encG or endangered
plan% or anLrnl 3peclcs? . · · ·
7. W~i project reset In a major adverse effect on ~ ~.~
S. W~I project have e ~ajor effect on visuol c~m~ :'.<~-
.. kno~ 5o be ~portanc to thc cor.~unlty? . . . Yes / NO
9. Will project adversely ~pact any site or st~dc~
ute of his:eric, Pre-~istoric. or paleontological .,.
envzro~en~l area by a local agency? · · _ ~e~ / No "~'
10. W~I project have a m~Jor effoc~ on existS& OF '
11. WIi~ project result !n major traff!: problems or
systems? ' ' ' ' ' ' ' ' ' ' ' Yea _/ No
12. Will project reg~ar/7 cause obJectlonabi~
noise, glare~ vibration, or electr!oal dlstt;r~
anco a~ a reset of the project'~ operation? . Ye~ /
1]. 'Will project nave any Impact on pub].lc hca[La or
Will p:'ojecL ~ffcc~ %he existing co~unlty by
charac%~- of %ne community Sr nel~n~or~ocd~. , Ye~ ~o
~5. Is there puol[c rCnrr~v~r57 C~c~'rn~n~hc proje~.O Yes /
......... . ,7/ '- -- . ·
To: Southo!d Town Board of Appeals
Main Road
Southold, NY 11971
Location of Property. > /
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regul'ations, 6 NYCRR, Part 661, and Article 25 of the Hew York
State. Environmental Conservation Law, please be advised that th
subject property iQ the within appeal application:
(please ch,=ck ~ne box)
M,~y be located Within 300 feet of tidal wetlandz;
however, constructed along the water-lyinq edco
of this p:operty is a bulkhead in very geed '
conditicn and at least 100 feet in length. ~
[ ] May b'e located within 300 feet of tidal wetlands;
however, constructed along the water-lyin? edge
of this property is a bulkhead in need of (minor)
(major) repairs, and aDo~ximate],
lu..~n. ~- ~ .... ; ~e~ i~
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along thc water-lying edge
of this property is a bulkhead legs than 100 feet
in length.
May be located , '~
· ;l~hln 300 feet of tid~fi wetlands;
and there is no bulkhead or ', .... ~, .
· con ..... wall
on the premises. -n~
' [ ] Is not located within 300 feet of tidal wetlands
. to the best of my knowledge.*
[:tarred items (*) indicate your mronertv d~
not appear to fal: within the Jurisdict{on n~ ~
NOTS: If proposed project
approval must be received an{] sukmit[Od
your application can be scheduled fo£ a
falls wit'l~in D.E.C.
to our
public
jurisdiction,
o~i
~ ce before
hea:ing.
f:ORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMEN'I
Office of the Building Inspector
t'own Hall
Southold, N.Y.
Certificate Of Occupancy
No. ,~.1.35c"
~.r .......... l)at .... ~n,. ~. 19~}'~
'Fl liS CERTIFIES that the building ..... ;[~.... ::! !,.r'..'~. [~ ?.]. I.~I j !i': ......................
Location of Property , ~ ~-~",~ : -~ ] ~.. J] ~ ~
House No. Street Ha/n/et
County Tax Map No. 1000 Section '~ , . .Block ()b .Lot 1 ~,
Subdivision .............................. Filed Map No ......... Lot No .............
conforms std)stantially to the Application for Building Permit heretofmc riled in this ofrice dated
.............?.~t~lC.L~. ,19.~3. SpursuauttowhKh Buddingl)enuit No. .i. ~'~'~,~.' . ..........
dated ....... 4 ~,,c~ .~} ............. 19 ~z~. , was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy' for which this certificate is issued i:; .........
;~., , ;,;.2riy..b { ( . .J.2. rw;* ~zJ ~ J 1~, ¥ r ~ /,. ;,. 4 . Ac:~ ,~. //: (:~'~ .
The certificate is issued to ~1~I: ,( ':?. fi ::~:li~ ;[!(;
(owner, i~ ~C'7~()~ ~ i~
of the afm&;aid building.
Suftolk County Department of tlealth Approval ri / '~
UM)ERWRITERS CERTIFICATE NO ............ ? . ~ ................................
Bt ruling Inspector
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
· Town Clerk's Office
Southold, N. Y.
Certi[icate 0t: Occupancy
No.. Z. 3507... Date ......... June ..... 18, ...... , 19..69
THIS CERTI]~ IES that the building located at . .D~;~n .Df.ire ............. Street
Map No..Daw.n ...... Block No. .Lot No..7.1. Ga:eenport, lqew..York...
Estates ........... ·
conforms substantially to the Application for Building Permit heretofore filed in this office
dated .... December .... 23.,., 19.68. pursuant to which Building Permit No..4157. Z.
dated .... December .... 23~.., 19.68., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . .. plsiva~c~ .one .family. ctwelJ, ing ....................................
The certificate is issued to ...I, Ia.r~y. A. rrastrong,,. (owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval June..17,. 2.969,. 1tobe~t. VJ, lla ....
u'lding Inspector
House ~ 715 Dawn Drive
FORM NO, 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
N°'z6'323 ..... 6
Date Feb
........................ ,
THIS CERTIFIES that the building located at . hawn. J~z'$¥.e ............... Street
Map No. C!ea.'ce.~ Pt Block No ..... ~.~..Lot No...~ Green~,ort I'i.¥'
conforms substantially to the Application for Building Permit heretofore filed in this office
dated Feb .... 6.., 19.?~. pursuant to which Building Permit No..7.7~ ~.~.
dated Feb 6 19.7~,
..................... , ... was issued, and conforms to all of the require.
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . Private..Qne. I~a~ilj .4we. l~ Sng, ~:~l;b..gr~..addition
The certificate is issued to .. [4a.r. rh~: A.~m, ~c?.o.~qg.
of the aforesaid building.
Suffolk County Department of Health Approval
Owner
(owner, lessee or tenant)
UNDERWRITERS CERTIFICATE No. ~'~ · ~{ ·
HOUSE NUMBER ...7~.~ ..... Street Dawn Drive
Building Inspecto~
TO WHOM IT MAY CONCERN:
DATE:
I wish to disclose the following statement in the event the
property in question should be pending a read estate activity
with Celic Estate Agents, Inc., who holds my conditional
salesperson's license:
I have no interest whatsoever in the sale of this property
and am not a part of any other pending real estate activity
of a business or professional nature which might be a
conflict with my secretarial duties as Stenographer/Secretary
of the Board of Appeals of the Town of Southold.
Linda Kowal ski
--I