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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3348
Application Dated March 20, ]985
TO:
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
[Appellant(s)]
as Attorneys for CHARLES P. SIMMONS
At a Meeting of the Zoning Board of Appeals held on August 22, 1985,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
, k ~£hedule
Article III S~..]0.0~31 ~.ul ~
[ ] Request for
Application of CHARLES P. SIMMONS, by A. Wickham, Esq., Box 1424,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk and Parking Schedule, for approval of insufficient
lot width of two parcels in this proposed four-lot division of land
(total acreage 57.7 acres) located off the North Side of Sound Avenue,
Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8.
WHEREAS, a public hearing was held and concluded on August 22,
1985 in the Matter of the Application of CHARLES P. SIMMONS, Appeal
No. 3348; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that there has been no opposition from the public; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties, and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests approval of two
lots in this proposed four-lot minor subdivision which would have
insufficient lot width at 150 feet rather than 175 feet as required
by Article III, Section 100-31, bulk schedule, of the Zoning Code;
2. The remaining two parcels are proposed as follows:
Lot #3 of 2.253 acres and 216.70 lot width; Lot #4 of 49.5 acres
and 426.85 ft. frontage along Sound Avenue.
3. Parcels l, 2 and 4 are vacant at this time; Parcel 3 is
improved with one single-family dwelling and two accessory struc-
tures.
4. It is noted for the record that: (a) on May 6, 1985,
the Town Planning Board has recommended this project be modified to
meet the minimum 175-1ot width requirements; (b) N.Y.S. Department
of Environmental Conservation approval #10-85-0520 has been received
on July 8, 1985.
(CONTINUED ON PAGE TWO)
DATED: September 4,
Form ZB4 (re~. 12/81)
1985. CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3348
Matter of CHARLES P. SIMMONS
Decision Rendered August 22,
1985
In considering this appeal, the board finds and determines
that: (a) this proposal is not consistent with and will not
promote the general purposes and intent of zoning; (b) the
relief requested is not unique; (c) in view of the manner in
which the claimed difficulty arose, there is another method
feasible for the applicant to pursue other than a variance;
(d) the practical difficulties claimed are not sufficient to
warrant the granting of this variance as applied; (e) there
is additional land available on this 57.5+ acre parcel to
meet the requirements of the zoning code.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Doyen, it was
RESOLVED, that the relief requested under Appeal No. 3348
in the Matter of the application for CHARLES P. SIMMONS for
150-ft. lot width of two proposed lots, BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen,
Douglass and Sawicki. (Chairman Goehringer abstained from vote.)
This resolution was adopted by majority vote of four of the five
members present.
lk
CHARLES GRIGONVS, JR~
Chairman Pro Tem
September , 1985
RECEIVED AND FILED BY
THE SOUTHOLD TOWN
~/~//~- HOUR ~/.'
DATE
Town Clerk, Town of Southc!d
'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 Southo]d Town Hall, Main Road, 'Southold, NY
at a Regular Meeting, commencing at 7:30 p.m. on THURSDAY,
AUGUST 8, 1985, and as follows:
7:30 p~m~ Application Of.MARK A. SQUIRES, 2405 Vanston
Road, Cutchogue, NY for a Variance to the Zoning Ordinance,
Article III, Section lO0-30(A)[1] for permission to construct
inground pool on vacant parcel ~,n th~s A-Residential and
Agricultural Zoning District known and identified as Lot 356,
Map of Section D, Nassau Point Club Properties, Inc., Map
No~ 806; East S~de of Vanston Road~ CutchQgue, NY; County
Tax Map District 1000, Section lll, Block 6, Lot 5.
7:35 p~m. Application Of GEORGE AND DORIS SULLIVAN,
84 Beach Road, Greenport, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to
construct accessory storage building in the easterly side-
yard area at premises located on the South Side of Sandy
Beach Road, Greenpor~, NY; County Tax Map Parcel No. 1000-
43-3,-6.
7:40 p~m. Application for OTTO ZAPF, by A. Wickham,
Esq., Main Road, Mattituck, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permis.sion to
construct accessory storage (garage! building in the
frontyard area premises located at the northerly end of
private right-of-way off the North Side of Main Road,
Orient~ NY~ County Tax Map Parcel No. 1000-013~2-4.
7:45 p~m. Application of NICHOLAS IPPOLITO, by
Gary F. Olsen, Esq., Box 706, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31,
Bulk and Parking Schedule for approval of the insufficient
lot area of two parcels~ each with an existing single-family
dwelling, located along Carole Road (private) off the
South Side of C.R. 48, Southold, NY; County Tax Map
No. 1000-62-2-7 and 1.1 (7.2).
7:50 p.m. Application for CHARLES P. SIMMONS, by
A~ Wickham, Esq., Box 1424, Mattituck, NY for a Variance
to the Zoning Ordinance, Article III, Section lO0-31, Bulk
an~Parking Schedule for approval of insufficient lot width
~of two parcels in this proposed four-lot division of land
(total acreage 57.7 acres) located off the North Side of
Page 2 - Legal N~'~ce of Hearings
Southold Town Board of Appeals
Regular Meeting of August 8, 7985
Sound Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-I12-1-8.
The Board of Appeals will hear at said time and
place all persons desiring to be heard tn each of the
above matters. Written comments may also be submitted
prior to the conclu§ion of the hearing in question.
(Tel.'765-1809, or 1802).
Dated: July 18, 1985.
BY ORDER
BOARD OF
GERARD P.
CHAIRMAN
OF THE SOUTHOLD TOWN
APPEALS
GOEHRINGER
Instructions to newspapers:
Please publish once, to wit; Thursday,_August l, 1985,
and forward five affidavits of publication to: Board of
Appeals, Main Road, Southold, NY 11971.
Posted on Town Clerk Bulletin Board 7/26/85.
Copies to the following on 7/29/85:
Mr. and Mrs. Mark A. Squires, 2405 Vanston Road, Cutchogue 11935
Mr. and Mrs. George Sullivan, 84 Beach Road, Greenport 11944
Abigail A. Wickham, Esq., Box 1424, Mattituck,
as Attorney for Otto Zapf
as Attorney for Charles P. Simmons
NY 11952
Gary F. Olsen, Esq., Box 706, Cutchogue, NY 11935
as Attorney for Nicholas IpPolito
ZBA
ZBA individual files
Building inspector Lessard
Supervisor
Town Board Members
TO~ OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'SOFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
...x~.~. g..~.~,~?~ ............ i .......
'~ .'c~x.~..~. ~..~ ,.~:..~.~.~. ~.~...
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for pe~it to c~ . ~+~. ~ .(~ ............. ~ ............................ a~
~o~o~ o~o~ .... ~.~. ~.~ ..... ~.~.. ~..~.~~ ....
Hou~ No. ~reer Homier
County Tax Map No. 1000 Section .... ~ ~ ...... Block .... ~. ~ ...... Lot ... ~ .........
Subdivision ................. F/led Map No ................. Lot No ..................
is returned herewith and disapproved on the follow~ag grounds ~'..q~...~... ~'~ .~,~..~..,../?. ~..~..&.o
Bu~dhng Inspector ~
R¥ 1/SO
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.
'March .
DATE ............. ~=~ ..... ,
Name of Appellant Street and Number
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 1/23/85EAR: permission to subdivide
WHEREBY THE BUILDING INSPECTOR DENIED TO CHARLES SIMMONS
c / .........................................
Name of Applicant for permit
of Box 1424 (Main Road), Mattituck, NY 11952
Street and Number Municipality State
eX) PERMIT TO ~ DIVIDE
( ~ PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
1985
n Agr zcultura]
1 LOCATION OF THE PROPERTY ....f..s....~.o...qg..d.....A.y,e..~.q..e..,....~.~..z.~.g.~.~..~......[~.. ........ &..~.~.~.~ent~a~
Street and Hamlet
SCTM#1000/ll2/01/8 OWNER(S): .....
Mop No. Lot No.
DATE PURCHASED: ....
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance ay number. Do not auote the Ordinance )
Articl~sI&III, Sections 106-20 & 100-.31, respectively
3. TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A pre~ious appeal ]~rcZ~x~(has not) been'made with respect to this decisior
o~ rue Building Inspector or with respecr ~o th~s property.
Such appeal wes ( ' request for a special oermit
)req ~est for a variance
and wes made in Appea No ............................... Dated .....................................................................
REASON FOR APPEAL
~ ) A Variance to Section 280A Subsechon 3
X) A Variance to the Zoning Ordinance
( )
A~licant ,
is requested for the reasom that/ ~ would lime to divide
as to contain two lots having insufficient width
ordinance, as shown on the attached survey.
the property so
under the zoning
Form ZB1
i~¢~¢~f¢ ~¢~3J,~ontinue on other side)
REASON FOR APPEAL Continued
i. STRICT APPLICATION OF THE ORDINANCE would produce practica difficulties or unneces-
sary HARDSHIP because the two lots being subdivided each contain an
area well over the 80,000 foot requirement, with upland in excess
of 60,000 square feet. To make these lots meet the 175 foot width
requirement and also have sufficient buildable area behind the
bluff setback line, the lots would have to contain an area of 3.44
acres each. Applicant intends to retain the remaining Sound frontage
for his own home and desires as much width as possible in order
to insure his privacy. The lots to the East of him are very narrow,
and he would like to make sure he has adequate width to provide
a buffer on either side of the residence~
2. The hardsh p created is UNIQUE and is not s horea by o][ properties alike
vicimty of this property and in this use district beck:use the division is
to preserve extra width for applicants' retained lot.
in the immediate
nece s s ary
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because many of the Soundfront lots in the
area are considerably smaller than any of the proposed lots of
the applicant.
STATE OF NEW YORK )
)
COUNTY OF 8UL~FOT.K)
SS
WICKHAM, WICKHAM & BRESSLER, P.C.
At't g~j~y s fBr~p 1 ic ~r~t~.
By ~ . ...............
~' / - Signature
Abigail A. Wickha-m
Sworn to this ........ %f~.t.]?. ............................. day of ....... ~a:~.q~., ................................... 19 85
Notary Public
FORMER OWNER
RES. ...../4 ~ i SEAS. VL
L.'~ND IMP.
TOTAL
VILLAGE j DISTRICT SUB. LOT
E ACR~GE
FARM COMM. IND.
DATE REMARKS
BUILDI ~NG CONDITI~
BUILDING
CB MISC.
/
Farm Aero
Tdlable ~
Value Per Acre Value
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
LEE E, KOPPELMAN
3 , 1985
Mr. Gerard P. Goehringer, Chairman
Town of Southold Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, N.Y. 11971
Re: Application of "Charles P. Simmons" (#3348)
Town of Southold (SD-85-14).
Dear Mr. Goehringer:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk Cotmty Planning Co~m~ission on October 2, 1985 reviewed the
above captioned application and after due study and deliberation Resolved to
disapprove it because of the following:
1. Ample on-site area is available to insure compliance with zoning
ordinance requirements;
2. It constitutes the unwarranted further intensification of residence
development along the Long Island Sound;
3. It would tend to establish a precedent for similar land development
patterns along the shorefront; and
4. It would only tend to undermine the effectiveness of the zoning
ordinance.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
. ~r~j~ GGN :jk '
Page 12 Z.B.A. Hearings
August 8, 1985 Regular Meeting
8:12 p.m. Public Hearing was held in the Matter of CHARLES P.
SIMMONS. Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk and Parking Schedule for approval of insufficient lot
width of two parcels in this proposed four-lot division of land
(total acreage 57.7 acres) located off the North Side of Sound
Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8.
The Chairman opened the hearing at 8:12 p.m., read the appeal
application and legal notice of hearing for the record.
MR. CHAIRMAN: I have a copy of a map indicating the 57+ acres,
indicating Lot #1, approximately 150' by 645' plus 247.67, for a
total of 3.0 acres; Lot #2, 150' by 860, approximately 3.0 acres;
(Lot #3, 2.253 acres, Lot #4, 49.5 acres). I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties
in the area. Mr. Bressle'r, would you like to be heard?
ERICK BRESSLER, ESQ.: For the applicant, Wickham, Wickham and
Bressler, P.C., Main Road, Mattituck, New York, Eric J. Bresssler.
I have with me tonight Mr. Simmons in the audience, who will address
the board shortly. This is an interesting application for a
variance. I find it interesting because the applicant is attempting
to do some planning on his own and create the kind of environment
and kind of property division he feels would maximum the use of the
area. He has done this by creating a four-lot subdivision. As the
board can see, first he has carved out the house, a logical division.
The second thing that he has done is he has carved out two sound-
front lots to maximum the exposure to the Sound, Long Island's
northfork natural beauty. The last thing that he has done, he has
tried to retain as much width as possible for the retaining parcel.
You will note that the retained parcel consists not only of the
area going up to the soundfront, but also the remainder of the farm.
Now as a part of this overall plan, Mr. Simmons is also in the midst
of committing the remainder, except for the buildable area of that
lot, to a Farmland Preservation Program in Southold. In addition,
as part of that program, he is also int he process of donating a
portion of the property. So what he has attempted to do is create
a unified method or scheme of dividing up this property.
Now, the reason for the subdivision into two 150' lots instead
of 175' lots is based on several considerations. First, I think
foremost in the applicant's mind is the nature of the property
which will be left for him. He intends to build up on the Sound
on the soundfront in the large remaining parcel. Because of the
nature of the surrounding neighborhood, he wants to insure to
himself as much privacy as possible. What he is afraid of is the
existing situation where there are numerous small lots, particularly
Page ll - Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No.3377 - NICHOLAS IPPOLITO, continued:)
MR. CHAIRMAN (continued):
like to spe~k against the application? Any comments, Mr. Olsen,
before I close the hearing? (None). Thank you for coming in.
Hearing no further comments, I'll ask the board--
MRS. KERMAN: My name is Mrs. Kerman. I also live on Carole
Road.
MR. CHAIRMAN: At the end. And with the dogs.
MRS. KERMAN: Right. I just wanted, is it a separate meeting
when Mr. Ippolito wants to put up the other unit? He wants to
make it like one--he explained to use, he wants to join the two
buildings so he has a,four-unit motelZ Is that a separate meeting
or is it th~s meeting?
MR. CHAIRMAN: Well, that was basically--
MRS. KERMAN: We thought it was today.
MR. CHAIRMAN: That's basically the reason why I asked the
question to Mr. Olsen, and the only issue before at this particular
time is the division of the two pieces of property. If the deci-
sion of 1977-,it's somewhat enlightening to me because, of course,
I wasn't on the board at that particular time, I will certainly
take that under advisement in granting this division.
MRS. SMULCHESKI: Well, nothing has been done about it. It's
been six years.
MRS. KERMAN: Yes, six years.
MRS. SMULCHESKI: My husband came in several times and applied
and they said that the town board would handle it. And nobody has
done anything.
MR. CHAIRMAN: Thank you. Hearing no further comments, I'll
make a motion closing (concluding) the hearing and reserving deci-
sion. We will definitely take a look at that application.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close (conclude) the hearing and reserve decision
until later, in the Matter of Appeal No. 3377 NICHOLAS IPPOLITO.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unani-
mous vote of all the members.
Page 13 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS hearing, continued:)
MR~ BRESSLER (continued):
to the east of him. You have the Lenz parcel up there dividied into
three 100' lots. And what he wants to do is to insure that he has
the maximum amount of space from this easterly border to insure
privacy. Similarly, on the western edge of the property, there are
smaller sized lots. Indeed there are some 75' lots. So what he
has attempted to do is insulate the remaining parcel as much as
possible.
The second consideration is because of the lay of the land and
the bluffs and far loft to the Sound, we here to provide 175 of
width and at the same time retain enough property behind a safe
buildable distance, we have calculated that you would have to have
almost 3½ acres per parcel in order to have a sufficient buildable
depth in addition to the width, because he's involved with the
Farmland Preservation Program, we don't feel that's an appropriate
division for the property. I think that if the board studies the
lay of the lots along the soundfront, they will find that the 150'
lots are not at all out of keeping with the general lot width in
the area, in fact they're somewhat larger than the average lot size.
The applicant would like to have uniform 150' lots for his
privacy purpose, and he would not like to get into the different
lot line arrangement in order to comply with the 175' lot require-
ments, which if the board is aware, is possible and sometimes
they're unusual-shaped lots. And the applicant would prefer not
to do it. With 150' lots, as the board can see, there already
three acres each, and we feel that's more than in keeping with
the spirit and letter of the zoning code.
MR. CHAIRMAN: Are you going to treat the area that y~u just
eluded to about the dedication or are you going to let Mr. Simmons
discuss that?
MR. BREssLER: I'm~going to let Mr. Simmons explain to you
exactly what step he is at, and as far as --
MR. CHAIRMAN: Thank you, Mr. Bressler.
~HARLES SIMMONS: It seemed like a very clear explanation of
my intentions. 'Is there anything that I should--
MR. CHAIRMAN: I just didn't understand when Mr. Bressler
indiated that you were dedicating land to this town. What did
he mean by that?
MR. SIMMONS: I'm selling the development rights to the Town
of Southold of 38 acres.
Page 14 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 CHARLES P. SIMMONS hearing, continued:)
MR. CHAIRMAN: Is that the front-loaded 38 acres?
MR. SIMMONS: Yes. And that excludes the 2.7 acres with the
buildings on it. The 38 acres, is a natural division--it's the
farmed part of the farm. The 40 acres nearest the Sound Avenue,
which is the house, is farmed. And then there's a meadow of about
five acres. And then there are the woods. And that, two parcels
of 150 feet, go back as far as the woods. It's the usual configura-
tion. The geographical configuration. Is there anything--again,
I thought that Mr. Bressler explained it.
MR. CHAIRMAN:
then the next area
remaining--
Well, that one area I didn't understand it. And
is that you intend to construct a home on the
MR. SIMMONS: Two-hundred ninety feet. Yes. The reason I
suppose it's clear-- I want, it will be finally three houses on
the land--is simply I wanted to retain 290 feet, say that the, as
Mr. Bressler said, I won't be pushed too near to the west and them
not too close to me. So however that land is divided it will only
be three houses on it. It's more or less taking control of the
situation so that we can maintain our privacy. I sound like a
hermit, but I do want to make sure there is enough room in there.
MR. CHAIRMAN: Thank you, sir. It's very interesting.
Mr. Bressler, before I leave you. I'm sorry to make you get up
again. Do you have any idea where that 40 acres stops and the
remaining acreage of the parcel this gentlemen is referring to
starts, where he referred to it as meadow land?
MR. BRESSLER: Yes. If the board is looking at the contours
up towards the proposed set-offs, around the 70' to 75' contour.
MR. CHAIRMAN: That would then lend itself to the remaining
17 acres.
MR. BRESSLER: That would be--from that line to the north,
are 18 acres. As I say it's a natural division.
MR. CHAIRMAN~ JThere are 18 acres of which there are two 3-acre
lots?
MR. SIMMONS: No. There are about 13 acres of woods and about
five acres of meadow. So it's woods, meadow, and then the farm part
of the farm which is 40 acres.
MR. CHAIRMAN: I thank you.
Page 15 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 CHARLES P. SIMMONS, hearing, continued:)
MR. LESSARD: What's the four lot, Jerry?
MR. CHAIRMAN: The fourth lot is 49½ acres. Of which 40 acres of
it is going to be--
MR. LESSARD: I don't see it. I only see two lots.
MR. CHAIRMAN: There are four lots.
MR. BRESSLER: You have to look carefully because one lot isn't
really a lot, it's kind of the remaining. You've got one here,
one here, one here and then one here. And everything else.
MR. SIMMONS: Do you see my intention about selling? I intend
to sell this lot and this lot, and the house (referring to Lots 1,
2 and 3) and build here (referring to most northeasterly section of
Lot 4), and keep the farm.
MR. BRESSLER: And the rights would be sold.
MR. SIMMONS: And then the rights from down here to Sound Avenue
will be sold with the exclusive, of course, of this. And there will
be no more building.
MR. BRESSLER: Even up here. He wouldn't be entitled to any
more subdivision up here where his house is going to be.
MR. SIMMONS: It's simply a matter of trying to maintain space
between me and the other people that would build.
MR. BRESSLER: Where are you with the Farmland Program now?
MR. SIMMONS: I've sent a letter of intent if that interests you.
I've made an offer and I responded with the signing of a statement,
but you know there are three or four other steps before it's final.
MR. CHAIRMAN: We have had a discussion, Eric, with Gall (Wickham)
one night. I can remember approximately a year ago, concerning
jurisdiction over this right-of-way.
MR. BRESSLER: And I'm ready.
MR. CHAIRMAN: And it was a rather lengthy discussion if I remember.
MR. BRESSLER: I'm ready for it. She warned me that you might ask
that.
Page 16 Z.B.A. Hearings
August 8, 1.985 Regular Meeting
MR. CHAIRMAN: I'll be honest with you. I don't remember the
discussion other than the fact that we discussed it.
MR. BRESSLER: The discussion was, and I'm ready for it because
we drove out there last night. I said, "I'm going in there so you
better show me what it looks like." So we went out there and the
story is there is a common right-of-way for the first "x" feet and
then the road branches. And then there is one right-of-way on one
property and one on the other. And I guess the position is that
you look to where most of it is. Is it in common or is it on his
property? It's mostly on his property and I think the Entenmann
situation is some precedent for the proposition that the Planning
Board at least has taken it in the past because of the majority is
on the property. And I think that's the only logical way to decide
it.
MR. LESSARD: Do you have any intentions of confining both
rights-of-way and make them common?
MR. SIMMONS: That would seem to me, either on the east or
even on the west, or the east, essentially is the way to do it.
Why build two roads?
MR. LESSARD: Again I may be speaking out of turn.
the township with roads every 200 feet --
To set up
MR. SIMMONS: It doesn't do anything for the eye.
MR. LESSARD: No.
MR. SIMMONS: I don't know how far we are on that, whether that's
part of this consideration now.
MR. BRESSLER: No, it's not.
MR. SIMMONS: But when we do get around to it, I understand that
Lenz is going to have to build a road or improve the existing road
to the east.
MR. LESSARD: You have rights-of-way on both sides. There's
three of them. You know, and it seems to me to be such a waste.
MR. SIMMONS: And Entenmann, if he wants to sell that piece to
the west of the Harbes, part of the Harbes farm, he's going to have
to improve the road that I'm using, to the --
MR. BRESSLER: West of us.
MR. SIMMONS: So it's an extremely complicated business.
Page 17 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 CHARLES P. SIMMONS hearing, continued:)
MR. BRESSLER: It's a sensible suggestion. It's a lot easier
said than done, but it still makes sense.
MR. LESSARD: I had suggested that the two parties sit down and--
MR. SIMMONS: I would love to do that, either with Lenz or with
Entenmann. I called up Entenmann's lawyer, and he said, "Well, you
know I'll be interested in talking. If there are any problems, we
can just wait."
MR. BRESSLER: And that's ~ust a silly response because by the
time you're done waiting, we've done whatever is required to be done
by whichever jurisdic.tion is that takes it, and he's done what he
has to do, and then you have duplicated efforts.
MR. SIMMONS: I think there's a possibility of Lenz--I mean, I
don't know the man, but certainly from the look of it--
MR. LESSARD: It's a thought, and I'm sorry we got sidetracked.
MR. BRESSLER: The problem with it is it's probably too sensible.
Too sensible. The guy says, "Let's wait until the roads are in and
then we'll talk about it."
MR. CHAIRMAN: I'm glad we cleared up that discussion as quickly
as we did. As I said, I don't remember the actual discussion but I
do remember the length of it. The right-of-way where you referred to
as branching off is only a proposed right-of-way at this particular
time, all woodland, I think at this time?
MR. SIMMONS: The common road that goes just up past the house--
and then the road splits off into Harbes' or Entenmann's property,
and there is a rudimentary road on my property. You go over sod, but
you--
MR. BRESSLER: You could get up there. With a four-wheel drive.
MR. SIMMONS: And drive right up into the woods.
MR. CHAIRMAN: t know we didn't in a fire truck, that's why I
asked the question.
MR. BRESSLER: I know. There is some work needed but it's not
treated until you actually get up to the lots.
MR. CHAIRMAN: Wonderful. I thank you very much for
it all too fully. Now we understand it which I think is
it is a very unique design by the way.
explaining
something--
Page 18
August 8,
Z.B.A. Hearings
1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS hearing, continued:)
MR. CHAIRMAN: Is there anybody else that would like
behalf of the application? Anybody to speak against the
(None) Questions from board members? (None)
to speak in
application?
Hearing no further questions, I'll make a motion closing
(concluding) the hearing and reserving decision until later.
MEMBER SAWICKI: Second.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close (conclude) the hearing and reserve decision
until later, in the Matter of Appeal No. 3348 in the Application of
CHARLES P. SIMMONS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unani-
mous vote of all the members.
The last hearing was concluded at 8:30 p.m. and the board
began deliberations and took actions. (See Z.B.A. Clerk's
Official Minutes prepared under separate cover.)
Pp. 1 - 18.
Respectfully submitted,
Linda F. Kowalski, Secretary-Clerk
Southold Town Board of Appeals
Southold Town BOard of Appeals
MAIN ROAD- STATE ROAD 35 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLESGRIGONIS, JR. Sept. 23, 1985
SERGE DOYEN, JR.
ROBERT J. DOUG~SS "
JOSEPH H. SAW[CKI
Pursuant to A~ticle 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:
XXX Variance from the Zoning Code, Article III , Section 100-31
__Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
~ Special Permit
Appeal No.: 33~8 Applicant: Charles P. Simmons
Location of Affected Land: N/side of Sound Ave. Matt. NY
County Tax Map Item No.: 1000- 112-1-8
within 500 feet of: "
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
'State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally-
Owned Land
Boundary of Existing or Proposed County, State or Federal Pgrk
~ or Other Recreation Area
Existing or Proposed Right-of-Way of Any Stream or Drainage
-- Channel Owned bY the County or for Which The County Has Estab-
lished Channel Lines,
or
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission t~nsufficient lot
width of the two parcels in a four parcel division of land
Copies of Town file and related documents enclosed herewith for your
review.
Dated:
/--~'~-- Secretarv, Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STAT£ ROAD 25 SOUTHOLD, L.I., N.Y. llC:J'T1
TELEPHONE (516) 765 1809
September 4, 1985
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3348 Charles P. Simmons
Dear Gail:
Transmitted herewith for your records is a copy of
the recent findings and determination rendered by the
Board of Appeals in the above matter.
The original of same has been simultaneously filed
with the Office of the Town Clerk.
Yours very truly,
Enclosure
Copy of DecisiGn to:
Town Planning Board
Town Building Department
County Planning Commission
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold Town Board of Appeals
NIAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1B09
APPEALS BOARD
MEMBERS
August 8, 1985
GERARD P. GOEHRINGER, CHAIRMAN S . E · Q · R . A .
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLA]~ATION
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of N~m-SiQn.ifJcance
APPEAL NO.: 3348
~ROJECT NAME: Charles Simmons
This notice is issued pursuant to Part 617 of the implementing
~cgulations pertaining to Article 8 of thc N.Y.S. Environmeutal
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project ?.o_~t. to have a signifi-
cant adverse effect on the environment leu the reasons indicated
13 e 1 o w.
Please take further notice that thi:; Hec],'~r,~l Jori should not bo
considered a determination made for any other d{partment or ag{n¢:y
which m~y also have an application pending I'(~ th~. same o~:- ~3ilni];~r
project.
TYPE OF ACTION: ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Subdivision Variance for insufficient lot width
LOCATION OF PROJECT: Town of Southold, County of SRffolk, more
}~ticularly known as: 1485 Sound Avenue, Mattituck, NY
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in Lhe 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) This is a lot-line variance not directly related to new construction
by this application.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall~ Sour;hold, NY 11971; tel. 5].6-
765-1809 or 1802.
Copies of this notice sent t;o hh~ applic~L (~]; l~is agent and posted
on the Town Clerk Bu]le%in B~oard.
Southold, N.Y. 11971
(516) 765-1938
May 8, 1985
Abigail Wickham
Attorney at Law
P.O. Box 1424
Mattituck, NY 11952
Re: Minor subdivision
Charles Sinnnons
Dear Ms. wickham:
Please let this confirm the action taken by the Planning Board,
Monday, May 6, 1985.
RESOLVED that the Southold Town Planning Board refer the
following recommendation to the Zoning Board of Appeals regarding
the application for Charles Simmons at Laurel:
The Planning Board ~
the minimum required lot width of
to accomodate this.
that proposed Lots 1 and 2 have
175'· since there is enough area
If you have any questions, please don't hesitate to contact
our office.
/Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc: Zoning Board of Appeals
Page 9
516185
CostellO cont.
were alot of existing businesses that needed expanding area, and
he would like it kept to one area. He emphasized that he would
not allow any retail businesses at this site since he did not
want to take away from the downtown Greenport retail buslinesses.
~4r. Costello said that he would covenant and restrict the
?roperty from having any retail shops. Mr. Costello stated that
n~ had a drainage plan and the Board requested that he submit
~opies of that to them. Mr. Costello also indicated that he
wlll contact the village of Greenport for drainage as mentioned
hy Mr. Ward. Mr. Orlowski explained that this is only a
~reliminary presentation so that Mr. Costello could obtain the
~card's advice.
'karles Simmons-Attorney Abigail wickham was present to discuss
· his minor subdivision located at Laurel. This application was
~so before the Board of Appeals for insufficient area variances
ri Lots NO. 1 and 2. The Board questioned why the lots could
· .>t have the minimum lot width of 175' since there was enough
~rea to accomodate it. Mrs. wickham stated that her client
~ntended to sell Lots No. 1 and 2 and build on the remaining
~creage on the Sound. Mr. Simmons wanted privacy and felt that
~ he could build on the remaining area he could position the
~.~se far away from the lots. The Board suggested that he
~ l~ce covenants and restrictions on the lots and then make them
· cnforming. Mrs. Wickham indicated that she had mentioned this
~o her client previously and it was felt that ownership was
better than covenants and restrictions since they could be broken.
~t was noted that Mr. Simmons has an offer pending to sell the
,i~vclopment rights to the Farmland Committee on the remainder of
the farm.
~e
a coy~nan ~ - ~ --t back to t~e ~ r
t~t phe wguld nave
[~ discusses this with her client. MegarG~g the lot. width,
the Board stated that they could not make a favorable recommendation
to the Board of Appeals considering that there is enough land
area to comply with the minimum requirements, and it would only
mean adding 25' to each lot since they are proposed for 150' width.
On a motion made by Mr. Ward, seconded by Mr.Mullen it was
Board refer the following
' D
~ESOLVE that the Southold Town Planning
recommendation to the Zoning Board of Appeals regarding the application
for Charles Simmons at Laurel:
The Planning Board recommends that proposed Lots No. 1 and No. 2
have the minimum required lot width of 175' since there is enough
area to accomodate this.
vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
LEGAL NOTICE
NOT[CE IS HEREBY GIVE~,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearinge will he held by
the 8OUTHOLD ~OWg
BOARD OF APPEAL8 at the
Seuthold Town Hall, ~ Road,
Seuthold, NY at a Regular Meet-
ing, commencing at 7:30 p.m. on
THURSDAY, AUGUST 8,
1985, and as follows:
7:30 p.m. Application of
MARK A. SQUIRES, 2405
Vanston Road, Cutehogue, NY
for a Variance to the Zoning Or-
dinance, Article Iii, Section 100-
30(A)[1] for permission to con-
struct inground P°°l on vacant
parcel in this A-P~sidential and
Ageicultural Zof~ing District
known and identified as Lot 356,
Map of Section D, Nassau Point
Club Properties,' Inc., Map No.
806; East Side of Vanston Road,
Cutchogue, NY; County Tax Map
District 1000, Section 111, Block
6, Lot 5.
7:35 p.m. Application of
GEORGE AND DORIS SUL-
LIVAN, 84 Beach Road, Green-
port, NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permi~ion to
construct accessory storage
building in the ea~torly sideyard
area at premises located on the
South Side of Sandy Roach Road,
Oreenpert, NY; County Tax Map
parcel No. 1000-43-3-6.
7:40 p.m. Application for
O~1~O ZAPF, by A. Wickham,
E~I., Main Road, Mattituck, NY
for a Variance to the Zoning Or-
dinance~ Article IH, Section 100.
32 for permission ta construct ac-
cessory storage (garage) building
in the frontyard area premises Io-
catod at the northerly end of pri-
vats right, of-way off the North
Side of Main Road, Orient, NY;
County Tax Mhp Parcel No.
1000-013-2-4.
7:45 p.m. Application of
NICHOLAS IPPOLITO, by
Gary F. Olden, E~q., Box 706,
Cutehogue, NY for a Variance to
the Zoning OrdDaance, Article
HI, Section 100-31, Bulk an,'
P~ ~g Schedule for approval of
the trmufficient lot area of two
parcels, each with an existing
single-family dwelling, located
along Carole Road (privatel off
the South Side of C.R. 48, South-
old, NY; Coun~;y Tax Map No.
1000-52-2-7 and 1.1 (7.2).
AC7:50 p.m. Application for
HARLES p. SIMMONS, by
· Wickham, Esq., Box 1424,
Mattituck, NY for a Variance to
the Zoning Ordinance, Article
HI, Section 100-31, Bulk and
Parking Schedule for approval of
insufficient 16t width of two par-
~els in this proposed four-lot divi-
~ion of land (total acreage 57.7
~cres) located off the North Side
of Sound Avenue, Mattituck,
NY; County Tax Map Parcel No.
1000-112-1.8.
~]:~e Board of Appeals will hear
at said time and place all persons
desiring to be heard in each of
the above matters. Written com-
ments may also he submitted
prior to the Conclusion of the
hearing iff question. (Tel. 765-
1809, or I802). .~
Dated: July 18, ~985.
BY ORDER OF
THE SOD~I~IOLD TOWN
BOARD OF APPEAL~
GERARD p. GOEHRINGER
CHAIRMAN
1TA1.4972
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ANNA T,F, TTKAR of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published et Greenport, in the Town
of Southold, County of Suffolk and State of New
York, end 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 [
deyof Auqust 19 85
Principal Clerk
Sworn to before me thia 1
d~yof August 1 85 ANNM.
~ t~JO~/~Ky PUBLtC, State ot New York
NOTICE
NOTICE IS HEREBY GIV-
EN, pursuant {o Section 267 of
the Town Law and the Code of
the Town of Southold, the
following public llearings will
be held by the $OUTHOLD
TOWN BOARD OF APPEALS
at th~ Southald Town Hall,
Main Road, Seuthold, NY at a
Regular Meeting, commenc-
ing at 7;30 p.m. on THURS-
DAY, AUGUST 8, 1985, and as
follows:
7:30 p.m. Appli~:ation of
MARK A. SQUIRES, 2405
Vanston Road, Cutcl~Ogue, NY
for a Variance to the Zoning
Ordinance, Article IlL Sectioa~
100-30(A)[1] for permission to
coT!struct ingro~n~d~gool on
vacant parcel in this. ~-Resi-
dential and Agricultural 'Zon-
ing District known and identi-
fied as Lot 356, Map of Section
D, Nassau Point Club Proper-
ties, Inc., Map No. 806; East
Side of Vanston Road, Cut-
chogue, NY; County Tax Map
District 1000, Section 111,
Block 6, Lot 5.
7:35 p.m. Applicatioa of
GEORGE AND DORIS SUL-
L1VA/~., 84 Beach Road,
Greenport, NY for a' Variance
to the Zoning Ordinance, Ar-
ticle RI, Section 100~32 for
permission to construct acces-
sory storage building in the
easterly sideyard: ar~a at pre-
mises located on the South
Side of Sandy Bea~:h Road,
Greenpert, NY; ~County Tax
Map Parcel No. 1000-43-3-6.
7:40 p.m. APplication for
O1'1'O ZAPF, by A. Wickham,
Esq., Main Road, Mattituck,
NY for a Variance to the
Zoning ordinance, Article III,
Section 100-32 for permission
to construct accessory storage
(garage) building in the front-
yard area premises located at
the northerly end of private
right-of-way off the North Side
of Main Road, Orient~ NY;
County Tax Map Parcel No.
1000-013-2-4.
7:45 p.m. Application of
NICHOLAS IPPOLITO, by
· Gary F. Olsen, Esq., Box 706,
Cutchogue, NY for a Variance
to the Zoning Ordinance, Ar-
ticle HI, Section 100-31, Bulk
and Parking Schedule for ap-
proval of th~ insufficient lot
area or. two par6els~each with
an e'xisti~ sln~e - family
dwelling, located along Carole
Road (private) Off the South
Side of C.R. 48, Southold, NY;
County Tax Map No. 1000-52-
2-7 and 1.1 (7.2).
~ 7:50 p.m. Application for
CHARLES P. SIMMONS, by
t. Wickham, Esq., Box 1424,
dattituck, NY for a Variance
o the Zoning Ordinance, Ar-
ticle III, Section 100-31, Bulk
and Parking Schedule for ap-
proval of insufficient lot width
of two parcels in this proposed
four-lot division of land (total
acreage 57.7 acres) located off
the North Side of Sound Av-
enue, Mattituck, NY; County
Tax Map Parcel No. 1000-112-
The Board of Appeals will
hear at said time and place all
P~a~d~siring to be heard in
~ of the above matters.
Written comments may also be
submitted prior to the conclu-
sion of the hearing in question.
(tel. 765-1809, or 1802).
Dated: July 18, 1985.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
IT-8/1/85(5)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ................... .~. ...... weeks
successively, commencing on the /':'?~
~" ':' :~" '7' ...... ,19 .....
Sworn to before me this .......... .~ ......... day of
Notary Public
BARBARA FORBES
Notary Public, State of New York
No, 480~846
Qualified in Suffolk County
Commission Expires March 30, 19 ~Z-
J UI)ITIt 'I. 'FERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 20, 1985
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Appeht No 3348 application for a
variance by Wickham, Wickham & Bressler for Charles P; Simmons,
and accompanying papers as outlined on the letter of
transmittal from Ellen M. Urbanski (Legal Assistant)for
Wickham, Wickham & Bressley, dated March 20, 1985.
Judith T. Terry ~
Southold Town Clerk
WICKHAM, WICKHAM & BRESSLER,
Main ROAD~ P.O. BOX I&24
MATTITUCK LONG iSLAND
NEW YORK 1~9S2
March 20, 1985
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application .of C~rles P. Simmons
Gentlemen:
Enclosed are the following in connection with the
application:
above
Application, in triplicate;
Notice of Disapproval from the Building Inspector;
4. Short Environmental Assessment Form;
5. Wetlands letter;
6. Five prints of the survey;
Check in the sum of $75.00, representing the
application fee.
This is a proposed minor subdivision which is
simultaneously being submitted to the Planning Board. The
Right-of-Way will fall within their jurisdiction and, there-
fore, we have not applied for 280A approval.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
AAW/emu
encls.
3. Original Notice to Adjoining Property Owners,
with Affidavit of Service thereon;
LAW OFFICES
WlCKHAM, WlCKHAM & BRESSLER, P.e.
MAIN ROAD, PO BOX ~424
MATTITUCK LONG ISLAND
NEW YORK lt952
July 3, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of Charles P. Simmons
Appeal No. 3348
Gentlemen:
Enclosed is a copy of the permit issued by the N.Y. State
Department of Environmental Conservation.
We would appreciate it if you would schedule this matter
for a hearing as soon as possible.
Very truly yours
/Ab'igai~ WickhAm
AAW:emu
encl.
CC:
Southold Town Planning Board
Mr. Charles P. Simmons
(w/encl.)
NE'
I pERMIT HO.
STATE DEPARTMENT OF ENVIRONMENTAL CONS~TION J 10--8S--0S20
PERMIT
UNDER THE ENVIRONMENTAL CONSERVATION LAW
[ ARTICLE 15, (Protection of Water) [] ARTICLE 25, (Tidal Wetlands)
ARTICLE 24, (Freshwater WeIlands) [] ARTICLE 36, (Construction in Hood Hazard Areas)
PERMIT ISSUED TO
Charles P. Simons
ADDRESS OF PEi~dITTEE
221 West 82nd Street, New York, NY 10024
LOCATION OF P~OJECT (Section of stream, tidal wetland, dam, building)
Long Island Sound, north of Sound Ave., approx. 430-+ 1.f. west of Aldrich Lane, Mattituck
DESCRIPTION OF PROJECT
Subdivide a plot of land into 4 lots each to be in excess of 2 acres.
COMMUNITY NAME (City, Town, Village)
Mattituck
COUNTYsuffolk FIA COMMUNITY
GENERAL
1. The permittee shall file in lhe office of the appropriate Regional
Permit Administrator, a notice of intention to commence work at least 48
hours in advance of the time of commencement and shall also notify him
prompHy in writing of the completion of the work.
2. The permitted work shah be subject to inspection by an authorized
order the work suspended if the public interes~ so requires.
3. As a condition of the issuance of this permit, the applicanl has ac-
cepted expressly, by the execution of the application, the tull legal respon-
sibilily for all damages, direct or indirect, of whatever nature, and by whom-
ever suffered, arising out of the project described herein and has agreed to
indemnify and save harmless the 5tare from suits, actions, damages and
4. Any material dredged in the ~'osecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across the
bed of the waterway or flood plain or deep holes that may have a tendency to
5. Any material to he deposited or dumped under this permit, either in
the waterway o~ on shore above hiBh-water mark, shall be deposited or dumped
at the locality shown on the drawing hereto attached, and, if so prescribed
/hereon~ within or behind a good and substantial bulkhead M bulkheads, such
as will i~event escape of the material into Ihe waterway.
6. There shall he no unreasonable interference with navigation by the
work herein autho'ized.
~. That if future operations by the State of New York require an alteration
in the ~ositior~ 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 naviBation of said waters or flood flow'.or endanBer
the health, safety or welfare of the beople of the 5tare, or loss or destruction
thereby without expense to the State; and if, upon the expiration or revocation
of this pormit, the structure, fill, excavation, or other mndification of the
watercourse hereby authorized shall nut be completed, the owners shall,
without expense to the State, and to such extent and in such time and manner
any porlion of lhe uncompleted structure or fill and restore to its former
condition the navigable and flood capacity of the watercourse. No claim shall
alteration.
'STu ho,d
NO. /DAM NO, PE~T EXPmAT~ON DATE
December 31, ].986
CONDITIONS
B. That the State of New York shall in no case ~ liable ~r any damase
or i~iury lo the s~ructure or work herein authorized which may ~ caused by
result from future o~rations undertaken by the State for t~ consolation or
improvement of navigation, or for other peruses, a~ no claim or right
9. That if the display of lights and signals on any work hereby auth~ized
is not otherwise provided for by law, such lights a~ signals as may ~ ~e-
scribed by the United States Coast Guard shall ~ installed and ~intained
10. All work carried out under this ~rmit shall ~ ~ormed in accor-
dance with established engineering ~actice a~ in a workmanlike manner.
11. If 8ranled under Articles 24 m 25, the Depart~nt reserves t~ right
be just and equitable. If u~n the ex~itati~ or revocation of this ~il,
m~ification of the wetland hereby authmized ~s not ~en completed,
applicant shall, wit~ ex~nse to t~ State, a~ to s~h extent a~ in s~h
remove all or any ~ion of the unc~plet~ strucl~ ~ fill a~ ~estore the
site to its f~mer co~ition. No claim shall ~ made asainst t~ State of New
12. This ~rmit shall not be constr~d as conveyin~ to the a~plicaut any
right to trespass u~n the la~s or i~erfere with t~ d~rian ri~s of
to perform the ~rmitt~ ~rk o~ as a~h~izin8 the implant of any
~rty lo the ~rmit.
13. The ~rmittee is res~nsible fm ~lainin8 any other ~rmits,
provals, lands, ease~nts a~ rights,f-way which may ~ required ~r this
pro)ecL
14. If granted under Article 36, this ~rmit is 8rant~ solely ~ t~ basis
of the require~nts of A~icle 36 of t~ Envir~ntal C~ation ~w
Part 500 of 6 NYCRR (Consttuction in FI~ Plain Areas having S~cial FIo~
Hazards - Building Permits) a~ in no way signifles t~t t~ project will
free from fl~in8.
15. By acceptance of this ~rmit t~ ~rmittee aarees t~t t~ ~it
is contingent u~n strict compliance with t~ s~clal co~itions on
(SEE REVERSE SIDE)
SPECIT,L CONDITIONS
16. Subdivision is to be in accordance with plan by R. VanTuyl with latest revised date
of 12/21/84 submitted to DEC on 4/23/85.
SEE ATTACHED CONDITIONS A - J
~ILMIT ISSUE DAN
June 24, 1985
Alter~ate i
· ' -- R~m~lton ''--"---'--
C'har£e$ T. ~ LtOn
ADOe. ESS
Bldg. 40, ~uhY--Room219
Stony Brook, NY 11794
SUPPLE~2~ARY SPECIAL CONDITION~
The follo~tn~ con/itions apply to all per~its:
If any of the permit conditions are unclear, the permittee shall contact
the Division of Regulatory Affairs at the address and telephone noted below.
A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
The permit sign enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspicinus location
at the work site until completion of authorized work.
At least 48 hours prior to com~eucement 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.
For projects involving activities to be accomplished over a period er more
than one year, the permittee shall notify the Regional Permit Administrator
in ~rriting at least &8 hours to the tom.nc.meat of resumption of work each
year.
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 is advised that substantial modification may require sub-
mission of a ne~ application for permit.
All necessary precautions shall be taken to preclude coatm~insti°n of any
wetlands or water~ay by suspended solids, sedan.at, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, 1eschar. or any other
environmentally deleterious materials associated with the project ~ork.
Any failure to comply precisely~ith all of the terms and conditions of
this permit, unless authorized in wiring, shall be treated as a violation
of the Env~roumental Conservation La~.
The pet~nittee is advised to obtain any permits or approvals that ~ay be
required from the U.S. Department of Army Corps of Engineers, l~ District,
26 Federal Plaza, Now York. I~ 10278, (Attention: Resulatory Functions
Branch), prior to co~encoment of work authorizedherein.
The Srantin8 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. To. er
Building, Empire State Plaza, Albany, I/Y 12242, which may be required for
any encroachn~nt upon St~te-o~ned lands under water.
Re$ional Permit ~ministrator
h~/S Dept. of Envirorenenta~ Conservation
Bldg. 40, SU~/--Room 219
Stony Brook, l~f 11794
(516) 751-7900
DEC # 10-85-0520
WILLIAM WICKHAM
ABIGAIL A WIC KHAM
LAW OFFICES
WlCKHAM, WICKHAM ~ bRESSLER,
main ROad, PO. BOX 1424
mATTITUCK LONG ISLAND
NEW YORK D952
May 7, 1985
Southold Town Zoning Board
of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Application of Charles P. Simmons
Appeal No. 3348
Gentlemen:
The Planning Board acted on this matter last night, and
you will be receiving its recommendation shortly.
As you probably know, the Department of Environmental
Conservation is extremely backlogged. Although we submitted
the application three weeks ago, it has not even been re-
viewed, and we could be given no indication of when that
would occur.
It has been our experience that on these applications
the review is rather pro forma. The DEC does not have
jurisdiction over most of--~ property due to the high
elevation of the bluff. We would therefore request that
you schedule this matter with the understanding that any
approval would be contingent upon DEC approval.
Very truly yours,
AAW:emu
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 2S SOUTHOLD, L.I., N.Y, 11~?1
,tELEPHONE (516) 765 1809
May 1, 1985
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3348 Charles P. Simmons
Dear Gall:
In reviewing the above application, it was noted that
comments and/or approvals from the N.Y.S. Department of
Environmental Conservation and from the Southold Town
Planning Board are pending.
In the event that the above are received by our
office by May 20th, this matter can be accordingly
scheduled and advertised for our early June Regular Meeting.
in the interim, a field inspection of the premises
will be arranged.
Please keep us advised regarding developments with the
above agencies.
Yours very truly,
CC:
Building Department
Planning Board
GERARD P.
CHAIRMAN
GOEHRINGER
Kowalski
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE Hart-,b. .]~......, 1985
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, X~) .Cl~r;l~o...E....~tmmo~s .................... of ...,2..2.1...W..e.~.i;...~.~...d...~.c.~;..a~., .......................
Name of Appellant Street and Number
New York, New York 10024 HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 1/13/~EFOR: permission to subdivide
WHEREBY THE BUILDING INSPECTOR DENIED TO
CHARLES SIMMONS
c/o....Ab.~ga.i!...Wick.~m .........................................
Name of Applicant for permit
of
so...x....~..2..4...i..~...~.n....~..o.~.4).., ....... ...M~....c.~.t.~k,. ............ .~........~.~.~.~ .................
Street and Number Municipality State
(X) PERMIT ZO~ DIVIDE
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
l. LOCATION OF THE PROPERTY ential -
Street andEamlet
SCTMIi000/ll2/0t/8 O~ER(S): ~ 2,.~ .....
Mop No, Lot No.
DATE PURCHASED: .................. .. .
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.)
Articl~I&III, Sections 106-20 & 100-31: re _~cti~l_v
3 TYPE OF APPEAL Appeal is made herewith for
~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap· 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ](]~t~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason th~l~l~C~'~]-d ].±~e 'co cltvtd, tt'~ ro ,=t ~o
_ P P Y
as t:o contain two loins laving insu~ficient width under the zoning
ordinance, as shown on tim attached survey.
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the Cwo lots being subdivided each contain an
area well over the 80,000 foot requirement, with upland in excess
of 60,000 square feet. To make these lots meet the 175 foot width
requirement and also have sufficient huildable area behind the
bluff setback line, the lacs would have to contain an area of 3.44
acres each. Applicant intends to retain the remaining Sound frontage
for his own home and desires as much width as possible in order
to insure his privacy. The lots to the East of him are very narrow,
and he would like to make sure ha has adequate width to provide
a buffer on either side of the residence.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because the division is ~ecessary
Co preserve extra width for applicants' retained loc.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because many of the Sound:fro~t lots in the
area are considerably smaller than any of the proposed lots of
the applicant.
STATE OF NEW YORK
COUNTY OF SUFFOt~K
SS
Sworn to this .......lSt~ ............................. day of ...... M~rch, ................................... 19~5
Notary Public
~J. EN NI. URSANSKI
I~ITARY I~JIEILIC. State of New ¥o~
NO. 4688534
{~11~ ill Suffolk County ~'~"~'
E~l~iree March 30, 1~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
CHARLES P. SIMMONS :
:
to the Board of Appeals of the Town of Southold :
TO: Mr. Philip Birndorf, et ano. Mr. Robert Entenmann
Mr. Peter Lenz
Mr. Phillipe Maitrejean, et anos.
NOTICE
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) (~::~ifa]Tal~~~4~reaX;x
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North bv L.I. Sound: East bY Lenz and Maitre~ean, et
anos.; South by SoUnd Avenue; and West by Birndorf and Entenmann.
Suffolk Co. Tax Map No.: 1000/112/01/08
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential & Agricultural.
4. That by such Petition, the undersigned will request the following relief: Permission to
divide the property so as to contain two lots having insufficient
widthunder the Zoning Ordinance.
That th.e provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: Artzcles I & III, Sections 106-20 & 100-31, respectively
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.
7. That before the relief sought may be g~anted, 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 Lon~ Island Travde~-Mattituck Watchman, newspapers published in the
Town of Southold and designated for ~ publication of such notices; that you or your representative have the
right to appear and be heard at such he~ri,~. --wIc,~l-1~, WICKHAM & BRESSLER, P. C.
Dated: March 18, 1985 %
Attorneys for Applicant
Post Office Address
Main Road - P.O. Box 1424
Mattituck, NY 11952
NAME
Mr. Philip Birndorf,
Mr. Robert Entenmann
Mr. Peter Lenz
et ano.
PROOF OF MAILING OF NOTICF
ADDRESS
461 W. 21st St.
New York, NY 10011
¢/o G. Rosenthal & Co.
1 Jericho Plaza
Jericho, NY 11753
Main Road
Box 29
Peeonic, NY 11958
Sound Ave.
Box 888
Mattituck, NY
11952
IRECEIPT FOR CERTIFIED MAIL
URANCE cOVERAGE pRoVIDED
(See Reverse)
postage
lied Fee
and Fees
k or Dote
v , residing at (no #) Oak Street,
E~ , , being duly sworn, deposes and says that on the 20th day
~. / ~,~:\ ~ponent mailed a true copy of the Notice set forth on the re-
mo. , ~; ~ -}.,.,~ e above-named persons at the addresses set opposite their respective
I .... .t 1ne addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck, N.Y. ; that said Notices were mailed to each of said persons by
(certified~:zegila~ed~ mail. (receipts attached)
ELLEN M. URBANSKI
Sworn to before me this 20 th
dayo_f Mar ch, f 198--3
~ Notary public
FRANRLYN A FARRIS
NOTARY PUBLIC, State of New Y~)rk
No. 47420~0, ~uftork CounL~
(a) In order to answer the questions in this short EAF it is assumed that the preparer
will use currently avai!_~hle information concerning the project and the likely impacts of
the action. It is not expected that additional studies, research or other investigations
will be undertaken.
(b) If any question has been answered Yes, the project may be significant and a
c~leted Envirorm~ntal Asses~nent Fora is necessary.
(c) If all questions have been answered No, it is likely that this project is not
significant.
(d) Enviromn~ntal Assessment:
1. Will project result in a large physical change to the project site or
physically alter more than 10 acres of land? .............
No
2. Will there be a major change to any unique or unusual land form found on the
site? ...............................
No
3. Will project alter or have a large effect on an existing body of water?
No
4. Will project have a potentially large impact on groundwater quality? . . .
5. Will project significantly effect drainage fl~ on adjacent sites? . . .
No
6. Will project affect any threatened or e~ngered plants or animal species? No
7. Will project result in a major adverse effect on air quality? .....
8. Will project have a major effect on visual character of the c~,,L~nity or
scenic views or vistas known to be i~rtant to the c~L,~nity? ....... No
®
Will project adversely impact any site or structure of historic, pre-
historic, or paleontological i~portance or any site designated as a critical
enviror~nental ar~a by a local agency? .................
10. Will project have a major effect on existing or futu~ recreational
o~ortunities? ............................. No
11. Will project result in major traffic problems or cause a major effect to
existing transportatio~ syst~s? ..................... No
12. Will project regularly cause objectionable odors, noise, glare, vibration,
or electrical disturbance as a result of the project's operation? ..... No
13. Will project have any impact on public health or safety? .......... No
14.
Will project affect the existing cc,~unity by directly causing a growth in
permanent population of more than 5 percent over a one-year period or have
a ~ajor negative effect on the character of the c~,,~ality or neighborhood? . .
15. Is there public controversy concerning the project? ........... No
~/
REPReSenTING: ~arles P. Sin~nons DATE:
Attorney for Applicant
~rch 18 , 1985
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
Suffolk Co. Tax Map No.':
CHARLES P. SIMMONS
n/s Sound Avenue, Mattituck,
1000-112-1-8
N.Y.
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 in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at'least 100 feet in length.*
May be located within 300 feet of tidal wet~ands;
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 wal~ existing
on the premises. Applicati.on pendinE; approval
expected due to high elevation and 100 foot se~ back.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] '
T