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Southold Town Board of Appeals
MAIN ROAD- STATE RriAD 25 =~OUTHOLD. L.I.. N.Y. 1]cJ?l
TELEPHONE ~516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3242
Application Dated April 11~ 1984 (Public
TO: Abiga'il.A. W~:ckham'~--'E~q% as Attorney
for MR.' HENRY'.DOMALESK]
Wickham,.:Wi'Q_~h~m'~_Bressler,
Main Road, Box 1424
Mattituck, NY' 11952
[ ]
IX]
Hearings
9/13/84, 10/11/84)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on November29, l'984
the above appeal was considered, and the action indicated below was taken
on your [×] Request for Variance Due to Lack of Access to Property
hew York Town Law, Section 280-a
Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article III, Section ]00-3]
Upon appl~ication of-HENRY DOMALESKI Oregon Road, Cutchogue, NY
(by A. Wickham, Esql) for~a) to the Zoning Ordinance,
Article III,- ~ection 10~ ~31~ {~r approval~ of insuffici'ent width of t'wo
proposed parcels i6~this~division of land, and '(b) N6w York Town Law,
Section 280-A for approval of access. Location of Property: Private
Right-of-Way off the North Side of Oregon Road, Cut~ho.gue, NY;..County
Tax Map Parcel N6~.'.~OOO~O95AQ1A~art Of Oll.. ' ....
The board made the following findings and determination:
By this application, appellant seeks: (1) approval of access
over a 25' private right-of-way located approximately 570 feet west
of "Duck Pond Road," and extending northerly 3,080.97 feet to the
premises in question, and [2) relief from the 175-foot lot width
requirements of the zoning code for approval of 145.75-foot lot width
of two parcels in this proposed division of land.
The right-of-way in question is shown on survey prepared
February 28, 1984 bY Young & Young to be along the easterly side
of a 25.7± acre parcel also of the applicant, Henry Domaleski. This
right-of-way has a traveled width of approximatell nine feet and is
on original ground.with no evidence of other materials. There are
deep ruts throughout and some parallel sections along the westerly
side are lower than the ruts. No drainage problems are anticipated
if this road is brought up to standards since Lot No. 2 appears to
slope from north to south at a flat minus grade. Adjacent land for
most of the length along the eaEterly side is higher than th9 opposite
side.
Proposed Lot No. 1 will contain an area of 2.05 acres and No. 2
an area of 1.949 acres. To the east of these parcels is "Birch Hills"
Subdivision of July 19, 1967, which consists of lots substantially
smaller in area and having lot widths of 100 feet. To the west of
the subject parcels is a 25± acre farm. It is the opinion of the
board that the relief as requested is not unreasonable under the
circumstances.
In considering this appeal, the board finds: (a) that by
(CONTINUED ON PAGE TWO)
DATED:
Form ZB4
December ]0,
(rev. 12/81)
1984.
CHAIRMAN, SOUTHOLD TOWN ZONING
OF APPEALS
BOARD
Page 2 - Appeal No.'3242
Matter of HENRY DOMALESKI
Decision Rendered November 29,
1984
allowing the variance, no detriment will be created affecting
adjoining properties; (b) that no adverse effects will be
produced on available governmental facilities of any increased
population; (c) that the variance will be in harmony with
and promote the general purposes of zoning; (d) the circum-
stances of this appeal are unique; (e) that the interests of
justice will be served by allowing the variance, as indicated
below.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Sawick~, it was
RESOLVED, that the relief requested under Appeal No. 3242
concerning premises located at the northerly end of private
right-of-way, north side of Oregon Road, Cutchogue, for insuffi-
cient lot width of 145.75 feet for Parcels 1 and 2, and for
approval of access, BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING'CONDITIONS:
1. The right-of-way be improved for a width of 12 feet
cen;ered within the right-of-way as follows:
(a) Add 12" of 2~% stone, 10% loam, and 70% sand
mixture for the 12-foot width and fill low areas along west side;
(b) Place a compacted 2" crowned top course of
3/4" stone blend o~ the bank run;
(c) Grade evenly; no hollows;
2. Right-of-way shall ;e continuously maintained in good
condition.
3. Any other new subdivisions, set-offs or construction
other premises along this right-of-way shall also be subject to
New York Town Law, Section 280~A
on
4. An inspection and acceptance by the Zoning Board of
Appeals of these improvements, after written notice.
Location of Property: R-O-W at the North Side of Oregon
Road, Cutchogue, NY; County Tax Map Parcel No. 1009~95-01-11 and 12.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk
,~£RARD P. GOE RI~GER,/CHAIRMAN--
December lO, 1984
RECEIVED AND BY
THE SOUTHOLD TO~%[i~
~IA~N ROAD ' S.R. ?.5
5ouTHOLD, N'Y'"'t 197-~
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the ?rovisions of the Amended Code of the Town of Southold, a
Regular M~et n~ ~nd the following matters wtl be~h~ld for public
hear~ng~i~he So~thold~ToWn ~rd o~ Appeals on THURSDAY, OCTOBER ll,
1984, comme~ci~'~%~7:30 o~'clock p.m. at the Sou%ho~d Town Halt, Main
Road, S~u~th~ld, N¥:~nd as follows:
7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225
Ninth Stn:eet, Gr~enpo,rt, NY for a Variance to the Zoning Ordinance,
Article III, Sectio~ 100-31, Bulk Schedule, for permission to construc~
deck addition With ~nsufficient side and rear yard setbacks and exceed-
ing the 20%'lot'.coverage requirement. Location of Property: 1225 Ninth
Street, Greenport, NY; County Tax Map P~rcel No. 1000-048-03-028;
Greenpor~ Driving Park Subdivision Lot 4.
7:35 p.m, Application of JAMES F. AND ELLEN M. PRESTON, Box 1422,
Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec-
tion lO0~31 for approval of the insufficient area and width of this
parce~ in: this proposed set-off of land~ocated along Hyatt Road,
Southold~ NY; County Tax Map 'Parcel-No. 1000~50-0.1-18.3 (part of 18.00).
7:40 p.m.
For variances: (a) to Article III, section 100-31 for approval
-(b) to New York
off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of ll. /
~7:45 p.m. Application of PATRICIA AND REINER LOLLOT~for variance
to Article XI, Section lO0-11.9.](A)'for permission to e~ect fence
exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane,
Orient; 1D00-015-05-024.11. (recessed from 9-13-84).
Application for HENRY DOMALESKI (recessed from 9-13-84)
of wi dthL
Town Law, Section 280-A for approval of access. R-O-W
7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, West-
hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article
III, Section 100-31, for approval of an insufficient frontyard setback
of a one-family dwelling structure to be located at 675 Meadow Lane,
Mattituck Estates Lo-t 42, Mattituck, NY; 1000-115-05-007.
8:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section I00-31, for permission to cons~ruc~ addition with reduction
~f sideyard setback to less than the required 10 feet. Location of
Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40.
Page 2 Regular Meeting October ll,
Legal Notices of Hearings --~
Southold T~wn Board of Appeals
1984
8:15 ~.m. Application for DR. BALA HARI PILLAI, by Gary F.
Olsen, Esq., Box 706, Cutchogue, NY 1t935 for a V~ri~nce to-the
Zoning Ordinance, Article III, Section 100-30(C) for permission to
establish sleeping quarters in a nonconforming accessory building.
Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY;
1000-126-11-019.
Persons desiring to be heard should do so, either in writing
or in person, before or during the public hearing. For additional
information, please contact our office at 765-1809 ~or 1802).
Dated: October l, 1984. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRtNGER, CHAIRMAN
................................................................. X
Notice to N'ewspapers:
Please publish THURSDAY, OCTOBER 4, 1984 and forward 7 affidavits
of publication on or before October 9, 1984 to: Board o~Appeals,
Main Road, Southold, NY 11971. Thank Zou.
following about 10/1/84:
Ninth
'Copies forwarded to the
S~ffol~ Times, Inc.
L.I. Traveler-Watchman, Inc.
Ms. Barbara Ulrich, Box 353, East Marion, NY 11939 for SCHELLENBACH & ROJAS
Schellenbach and Rojas,
Mrs. Renate Riedel"~-161 Brook Road, Westhampton Beach, NY 11978
Mr.. Edward L. Herrmann
Street, Greenport 119~4 ._
1422, S~thold, 'NY l19Zl:~ .
DOMALESKI ~nd RENAME RIEDEL
Gary F. Olsen, Esq., Main Road, Cutchogue, NY 11935 for DR. PtLLAI
zBA i"ndividual files
ZBA members
Town Clerk Bulletin Board
Building Inspector Lessard
Mr. and Mrs. James F. Preston, Box
Abigail A. Wickham, Es'~. fo~ HENRY
Mr. and Mrs. R. Lollot
?OWN HALL
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regular Meeting and the following matters will be held for public
hearings by the Southold Town Board of Appeals on THURSDAY, SEPTEM-
BER 13;'1'984, commencing at 7:30 p.m.', at the Southold Town Hall,
Main Road, Southold, NY and as follows:
7:30 p.m. Application for HENRY P. SMITH for approval of two
parcels with insufficient area and width in this B-1 Business Zoning
Distric%, Artic]e'III, Section 100-31 of the Zoning Ordinance.
Property Location: West Side of Peconic Lane, Peconic, NY; 1000-
74-5-2 and 3 (9.2).
7:35 p.m. Application of ROGER MUNZ, Box 567, Laurel, NY (by
Cardinale & Cardinale, Esqs.) for a Variance for relief from
Condition No. 7 of the May 27, 1983 decisions rendered'~in Applica-
tions No. 3100 and 3101. Property Location: 13175 Main Road,
Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 (O~e~st
J. and C. Moisa).
7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket,
NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance,
Article III, Section 100-30(C) for permission to establish home
occupancy, to wit: physician office, within a one-family residential
building exceeding 30% of the maximum-permitted firs~ floor area,
at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023.
7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan
Close, Ne~ Canaan, CT 06840 for a Variance Lo the Zoning Ordinance,
Article III, Section 100:32 for permission to locate accessory gara§e-
storage building in the frontyard area at 1365 Aquaview Avenue, East
Marion, NY; County Tax Map Parcel No. 1000-022-02-01.
8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum
Island Lane, Orient, NY for a Variance to the Zoning Ord.inance, Article
XI, Sectiom lO0-119-1(A) for permission to erect ~ence exceedin9 the
maximum foUr-foot height requirement along frontyard area of this
vacant parcel, ll20 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-
The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000-
015-05-024.11.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 13,
1984
8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutch~gue,
NY (by Es~eks,,Hefter, Cuddy & Angel) for. a-Variance to the Zoning
Ordinance, Article III, Section 100-3t, for approval of insufficient
area of lot in thi, s proposed two-lot division (nedivision) of land
and for approval of insufficient 'ivable floor area of existing
principal building. Location of Property: 3300 Di§nans (private)
Road, Cutchogue, NY~ County Tax Map Parcel No. 1000-83-02-0C5.
8:10 p.m. Application for HENRY DOMALESKI, Oregon Road, Cutchogue, .
NY (by A. Wickham, Esq.) for Variances: (a) to the Zoning Ordinance,
Article III, Section 100-31 for approval of insufficient width of two
proposed parcels in this division of land, and (b) to New York Town
Law, Section 280-A for approval of access. Location of Property:
Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY;ii
County Tax Map Parcel. No. lO00-095~Ol-part of ell.
8:15 p.m. Application of THOMAS AND JACqUELINE OCCHIOGROSSO,
77 Vanderbilt Boulevard, Oakdale, NY (by ScheinDerg, DePetris &
Pruzansky) for a Variance to the Zoning Ordinance, Article III,
Section lO0-31 for approval of the construction of a new one-family
dwelling with a~ insufficient frontyard setback of 12½ feet (reduction
of that granted under Appeal No. 3031 1'/27/83). Location of Property:
1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map
#4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019.
8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road,
East Islip, NY (by A. Wickham, Esq.) for a Variance to the Zoning
Ordinance, Article III, Section i00-31, Bulk Schedule, for approval
of insufficient area and width of parcel to be set-off in this
proposed three-lot subdivision of land located at the north side of
Sound Avenue, Mattituck, NY; County Tax.Map Parcel No. 1000-112-1-7.
Persons desiring to be heard may do so in person, in writing,
by representative. For addition information, please contact our
office.
or
Dated: August 14, 1984. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Notice to Newspapers:
Please publish THURSDAY, AUGUST 23, 1984, and forwarU nine affidavits of
publication on or before August 31 to: Board of Appeals, Main Road,
Southold, NY 11971. Thank you.
TOWN OF souTHoLD
BUILDING DEPARTMENT
TOSqN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ......................... 19
File No.
To ~t~
~.. t~ ~_ ~..~...~.-.~.. ~ ........
5q.~.~.a.,,.~.~k.~..~...u.~.~
PLEASE TAKE NOTICE ~at your app~cation d.t~d ....~.
.-~,.~ ~ ~ ~.~
for pe~l~netmCt.. .~.. ~ ~ . r : ............................... at
Location of Property ...............................................................
House No, Street Ham/et
Cou,~ty T~,, Map No. ~ 000 Se~tio,~ ... ~ ~ ~.'7 ..... meek ..... ~.~. ...... ~t .~.o.. !! .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on ttte ~ollowing r, rounds .~.'c~ .2iZ. ~. ~ J..~..-. ~./.
.........
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ....,?/.l,.~.L.~...~.. .......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y.
.......................... of ..... ............................................
...... Name of.Appellant- Street, and Number
Cutcho~ue, ' New York HEREBY
......................................................................................................................... APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 3/10/84 FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name ~6f Applicant for permit
of Oregon Road. Outcho~ue, New York
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO ~ Di~E
~ ~' :~ - ~Eht of Wa~ off ,, ,, . .5~re~ and ~e%
1.0.0~.~O.~5$.01~p...o..il .......... O~ER (S) - ~Y ~SKI
Mop No. hot No. acquired
DATE HN~W~: .1971 ................
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 100-31 and Town Law ~280A.
3. TYPE OF APPEAL'Appeal is made herewith for
(X) A VARIANCE to the'Zoning Ordinance or Zoning Map -
(X) -A VARIANCE due-to lack.of access,(Stote Of.New.York Town Law Chap:~ 62 Cons. J-aws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A ~revious appeal~/,N~(has noO 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 FOP~rAPPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
~lSOrequested for the reason that ~ would like to divide the property :J~to two
ts, each in excess of 80,000 square feet but containing insufficient
width of 145.75 each, and access via a 25 foot right of way from
Oregon Road requiring 280A approval.
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant~s parcel contains more than the required
square footage for two lots, but the long, narrow configur.atton of
the farm makes division into two waterfront lots with.sufficient
width ~raetical. .': It could be accomplished by slanting the lot
1ines, but =hat would make for oddly shaped lots. From a financial
pwatO~nt of view, app!:~cant prefers to make maximum usage of~ the
erfront bY creating ~wo lots as shown on the survey.
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 t:t~ width of the lots is
limited by the Width of the-farm, which is narrower than the two
farms_ om. either side of the property.
3 The Variance would observe the-spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACT£R OF-['HE DISTRICT because the lots are corisiderably larger than
those in the subdivision to the East.
._COUNTY ' ss ..................
Sworn to this ...6..t..h. .................................... do~-~f ........... ~....A.~.~..1. .............. i:...'i.ii...., f98/~ ' ''
OWNER:'
FORMER OWNER
RES. /~ SEAS.
LAND
STREET
N~,..~
S
VILLAGE
SUB,
LOT
ACR. L
?~ _
TYPE OF BglLDING
VL. COMM, CB. MICS. Mkt. Value
IMP. TOTAL REMARKS
FRONTAGE ON WATER
FRONTAGE ON ROAD
Tillable
WoodJand
DEPTH
BULKHEAD
T
House Plot /, 6~,,b ¢
OWNER
STREET
FORMER OWNER
RES. SEAS,
LAND IMP.
VL. :ARM ] COMM. 1ND. CB. ~:! [, MISC.
TOTAL DATE REMARKS
NEW NORMAL
· Farm Acre
'f'illoble
TiUabl'e 2 ' ~'
BUJJ.DIN, G CONDITION /'/22
Value Per Acre Value
Tillable 3
Woodland
Swa~ppland
Brushland
Hous~ Plot
Total
Extension j
Extension
Foundation
Ext.
Fire Place
Porch
Porch
Patio
Driveway
Floors
Interior Finish
Hec¢
Attic
Rooms lsi Floo~
F
Rooms 2nd Ioo~
LONG ISLAND SOUND
_LOCATION MAP
SCALE~ I" = 600 ~
!GON ROAO
! ~JO_N ~AN' pRE~PAREO FOR
rOMALESKI
NO. )
o ~
145.7~'
8.55Ol7'00",W.
/
PROPOSED 25'~
RIGHT OF WAY
now or formerly
Henry Domoleski
o
'1-
N. 57o$$'40"~
464,26'
N. 57°52'10"~
1876.25'
GLEN
N. 42°29' 20"~ ~X
[',1.57 22 40 W.
- 479.75 ' ~
ROAD
TYPICAL SEWAGE DISPOSAL SYST£11
TYPICAL WELL DETAIL
COURT ----
NOTE: h TOTAL AREA= 4.0002 ACRES
2. SUFFOLK COUNTY TAX MAP~
DIST ~ooo SECT oga BL m
LOT PlO i)
LANE
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
August 14, 1984
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S .E. Q · R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONNENTAL DECLARATION
JOSEPH
H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO.: 3242
PROJECT NA~IE: HENRY DOMALESKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the To%rn of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made f6r any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for 10t width.
LOCATION OF PROJECT: Town of Southold, County of Suffolk,
particularly known as: R.0.W. Oregon Rd., Cutch0gue, NY;
County Tax Map No. 1000-95-1-11,12.
more
REASON(S) SUPPORTING THIS DETEP~4INATION:
(1) An Environmental Assessment i~ the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur_ should this project be imple-
mented as planned; ·
~) Approval has been obtained from the N.Y.S~ DEC and/or Health Dept.
( The relief requested is a setback or lot line variance, which does
not require further processing under "Type II" Actions of the State Environmental
quality Review Act.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board
ppeals -17-
Septemb~l~ 13, 1984 Regular Meetinc
(Appeal No. 3267 - CONSTANCE KLAPPER, continued:)
MR. CHAIRMAN: Hearing no further questions, I'll make a motion
closing the hearing pending receipt of a sworn affidavit concSrning
this structure or cottage. ~!J
MEMBER SAWICKI: Second
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED to close the hearing pending receipt of an affidavit con-
cerning the use of the "studio-cottage" structure.
Vote of the Board: Ayes: Messrs. Goehringer,
Douglass and Doyen. This resolution was adopted by
all the members.
Doyen, Grigonis,
unanimous vote of
At 8:35 p.m., motion was made by Mr. Goehringer, seconded by Mr.
Sawicki, and duly carried, to recess for five minutes.
At 8:43 p.m., motion was made by Mr. Sawicki, seconded by Mr.
Goehringer, to reconvene the Regular Meeting.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Doyen. This resolution was adopted by unanimous vote of
all the members.
~PUBLIC HEARING: Appeal No. 3242. In the Matter of
HENRY DOMALESKI for Variances: (a) to New York Town [aw, Section
280-~ ~or approval of access, and (b) to Article III, Section 100-31
for approval of width. R-O-W off N/S Oregon Road, Cutchogue; lO00-095-
Ol-part of 11.
The Chairman opened the hearing at 8:44 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a survey prepared by Young and
Young dated February 28, 1984 indicating a right-of-way of some great
length, and Lot #1 containing 1.949 acres and Lot #2 of 2.051 acres,
and I have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Miss Wickham, would you like to
be heard in behalf of this application?
ABIGAIL WICKHAM, ESQ.: Thank you. I don't have too much to say
other than the fact that this farm is only 300 feet wide and that
creates a hardship. You just can't get two 175 foot lots without
doing a lot line. It seems unfair to require just one waterfront lot
of 300 feet in width when 160 feet really is more than adequate to
construct a residence, and we have gone south far enough to create the
Southold Town Board
~peals -18- September
1984 Regular Meeting
(Appeal No. 3242 - HENRY DOMALESKI, continued:)
A. WICKHAM (continued):
required two-acre zoning lot. With regard to the access, I'd just like
to note that there is a proposed 25-foot right-of-way all the way u.p
from Oregon Road. Glen Court, which is in the Birch Hill Subdi%ision
to the east is a private road and consent has not been 9btained from the
owners in that subdivision to use that road, so that's why were providing
for a private 25-foot road.
MR. CHAIRMAN: Ok. While you're up there, let me tell you what has
transpired. We, as you know, always send out the Town Engineer on these
private roads. We have not done that in this particular case because of
vacations and so on and so forth at this particular time, but we will
contact Mr. Davis in the very near future. I would like to recess this
hearing until such time that we get his report because it may not be
forthcoming by the time we have to make a decision and I would like to
recess this~until possibly the next regularly scheduled meeting, and
then reopen it at that particular time. Of course, I'll take any testi-
mony tonight if anybody would like to add to this application. However,
as you know we don't deal with this until we deal with the engineer's
report--I say we don't deal with that, we don't deal with the nature of
the condition of the right-of-way until such time that we have the
engineer's report which we don't have at this time. So, do you have
any objection to that.
MISS WICKHAM: If that could go on the next meeting, that would
be acceptable.
MR. CHAIRMAN: Ok. Is there anything else you would like to add?
MISS WICKHAM: No. I have nothing else to add.
MR. CHAIRMAN: Would anybody else like to speak in behalf of this
application? Anybody to speak against the application? Questions from
board members? (None) Hearing no further questions, I'll make the
motion recessing this particular application until the next regularly
scheduled meeting.
On motion by Mr. Goehringer, seconded by Mr.
lass, it was
RESOLVED, to recess Appeal No. 3242, matter
until the next Regular Meeting of the board.
Sawicki and Mr. Doug-
of HENRY DOMALESKI
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Doyen. This resolution was adopted by unanimous vote of
all the members.
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr,
WILLIAM F. MULLEN, .Ir.
Southold, N.Y. 11971
TELEPHONE
765- 1938
September 20, 1983
Ms. Abigail Wickham
Wickham, Wickham & Bressler
P.O. Box 1424
Mattituck, New York 11952
Re: Henry Domaleski
Set-Off
Dear Ms. Wickham:
The following action was taken by the Southold Town
Planning Board, Monday, September 19, 1983.
RESOLVED that the Southold Town Planning Board accept
Inspector John W. Davis' repprt #316 for compliance with
regard to improvements for the access road within the sub-
division, approved as a set-off, "Henry Domaleski", located
at Southold.
A copy of the above report has been attached for your
review.
Attch.
cc: Building Department
Very truly yours,
HENRY E. RAYNOR, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
g Long, Secretary
FROM
Hera-/ E. Raynor~ Jr.~ Chairman
Southold Town Planning Board
John W. Davis
Boa ppeal
Report No. 316
DATE: August 22, 1983
RE: HENRY DOMALESF~ - ACCESS ROAD
MINO~ S, mDTV~S~ON - ImP DATED 2/1/72 - Revised 5/'23/83
CO~MEN 1~:
1here is an existing one way farm road 9 ft.+- in width in the proposed 25 ft.
R.O.W., length 3081 ft. to Lot No. 1. 1he adjacent land for most of the length
on the east side of the road is higher than the land on the west side. the map
notes the east side of the R.O.W. as a"ridge". -
the existing road is on original ground with no evidence of o~her material
being brought in. Also~ ~hera are deep ruts throughout and seam parallel
sections on the west side are lower than the ~tts. No contours are shown on
the map, but visually lot No. 2 appears to slope from north to south at a flat
min%%~ grade. I would not anticipate any drainage problemm for an updated access
road.
Re~mmendations:
1. ~Remov. 12" of topsoil and loam for a width of 12 ft. centered in the R.O.W.
If ~opsoil snd loam are in excess of 12"~ remove for 12" only.
Based on the depth of the topsoil and loam excava$ion, additional fill will
have to be placed prior to a 6" bankrun course. Tho additional fill can be
a good grade of cl,an fill.
3. ~he 6" bankrun course (compacted) to contain 20% or more af gravel
and 10% or more of loam.
Place a compacted 2" crowned top course of 3/4" s±one blend on the bank rrm.
5. Fill the low areas along the west side of the updated road.
6. ~ha top course (stone blend) should be higher than the existing road
surface (about 2 to 3 inches).
D
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 1 1971
TELEPHONE
765-1938
July 26, 1983
MS. Abigail Wickham
Wickham, Wickham & Bressler
P.O. Box 1424
Mattituck, New York 11952
Re: Henry Domaleski
Set-Off
Dear Ms. Wickham:
The following action was taken by the Southold Town Planning
Board, Monday, July 25, 1983.
RESOLVED that the Southold Town Planning Board approve a
set-off (106-13) as designated on the map of Henry Domaleski~
dated February 1, 1972 and revised May 23, 1983, located at Southold,
~c~o~]~hat th~ 25~ ri~ht-?f-wa~ be improved ~o the sat~s-
nnin~ soa~9 prior to khe issuance of a Buildin~
~ermit.
Please forward four (4) copies of the above map to our office
for signature.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
MAIN ROAD, P,O. BOX 142~.
MATTITUCK LONG ISLAND
NEW YORK 11952
May 18, 1984
Southold Town Board of Appeals
Main Road - Town Hall
Southold, NY 11971
Att: Ms. Linda Kowalski
Secretary
Re: Application of Henry DOmaleski
Appeal No. 3242
Dear Linda:
In response to your letter of May 10, 1984, please
be advised that the property which is the subject of the
above application was set off from the remainder of the
Domaleski property, and I enclose copies of the Planning
Board resolutions verifying the approval, together with
a copy of the map with the Board's approval stamped
thereon.
If you have any further questions or require additional
information, please contact us.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
/emu
encls.
ZONING BOARD
OF APPEALS
Town Hall
Main Road, S.R. 25
Southold, N.Y. 11971
NOTICE IS HEREBY GIV-
EN, pursuant to Section 276 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, a
Regular Meeting and the
following matters will be held
for public hearings by the
Southold Town Board of Ap-
peals on THURSDAYt OCTO-
BER 11, 1984, commencing at
7:30 o'clock p.m. at the
Southold Town Hall, Main
Road, Southold, NY and as
follows:
7:30 p.m. Application for
SCHELLENBACH AND A.
RO`IAS. 1225 Ninth Street,
Greenport, NY for a Variance
to the Zoning Ordinance,
Article 111, Section 100-31,
Bulk Schedule, for permission
to construct deck addition with
insufficient side and rear yard
setbacks and exceeding the
20% lot coverage require-
ment. Location of ProperOj:
1225 Ninth Street, Greenport,
NY; County Tax Map Parcel
No. 1000-048-03-028; Green-
port Driving Park Subdivision
Lot 4.
7:35 p.m. Application of
.lAMES F. AND ~l.r~N M.
PRESTON, Box 1422, South-
old, NY for a Variance to the
Zoning Ordinance, Article III,
Section I00-31 for approval of
the insufficient area and width
of this parcel in this proposed
set-off of land located along
Hyatt Road, Southold, NY;
County Tax Map Parcel No.
1000-05-01.18.3 (part of
f~:004~)' p.m. Appl~,~tJ~n-for~
r~ (re.
cessed from 9-13-84). For
variances: (a) to Article III,
Section 100-31 for approval of
width (b) to New York Town
Law, Section 280-A for ap-
)royal of access. R-O-W off
the North side of Oregon
Road, Cutchogue; 1000-005-
01-part of 11.
7:4S p.m. Application
PATRICIA AND REINER
LOLLQT for variance to Article
XI, Section 100-119.1(A) for
permission to erect fence
exceeding maximum four.foot
height requirement at 1120
Ryder Farm Lane, Orient;
I000-015-05.024.1I. (recessed
from 9-13-84).
7:50 p.m. Application of
RENATE RIEDEL 161 Brook
Road, Westhampton Beach,
. NY 11978 for a Variance to the
Zoning Ordinance, Article 111,
Section 100-31, for approval of
an insufficient frentyard set-
back of a one-family dwelling
structure to be located at 675
Meadow Lane, Mattituck Es-
tates Lot 42, Mattituck, NY:
1000-115-05-007.
-8-:05 p.m. Application of
EDWARD L. HERRMANN,
1000 Mariene Drive, MattS-
tuck, NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-31, for permission
to construct addition with
reduction of sldeyard setback
to less than the required 10
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says thor she is the
Editor, of THE LONG ISLAND TR^VELER-W^TCH~N,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ...................... ../.. .............. weeks
successively, commencing on the ....................................
aay,~ or~f~___. .................................................... (~-,.~" ......... 3--9-~
Sworn to before me this Z//'a~'~ day of
............ ............... , ,,....r./.
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 48~6846
Qualified in Suffolk County
Cornmi~ion Expires Marcia 30, 19
LEGAL NOTICE
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town L~w and the Provisions of
the Amended Cede of the Town
of Seuthold, a Regular Meeting
/lnd the following matters will
be held for public hearings by the
Seuthold Town Board of Appeals
on THURSDAY, OCTOBER
11, 1984, commencing at 7:30
o'clock p.m. at the Seuthold Town
Hall; Main Road, .Southold, NY
and as follows:
7:30 p.m. Application for J.
SCHF. LLI~NBACH AND A.
ROJAS, 1225 Ninth Street,
Greenpor~, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-31, Bulk
Schedule, for permission to con-
struct deck addition with tasuffi-
cient side and rear yard setbacks
and exceeding the 20% lot cover-
age requirement. Location of
Property: 1225 Ninth Street,
Greenpert, NY; County Tax Map
Parcel No. 1000-048-03-028;
Greenpert Driving Park Subdivi-
sion Lot 4.
7:35 p.m. Application of
JAMES F. AND EI.I.EN M.
PRESTON, Box 1422, Seuthold,
NY for a Variance to the Zoning
Ordinance, Article IH, Section
100-31 for approval of the tasuf-
llcient area and width of this par-
cci in this proposed se~offofland
located along Hyatt Read, South-
old, NY; County Tax Map Parcel
No. 1000-50-01-18.3 (part of
Hi00)'
:40 p.m. Application for ~
NRY DOMALESKI (reces-]
ed from 9-13-84) For variances:/
) to Article III, Section 100-31~
r approval of width (b) to New
ork Town Law, Section 280-A
r approval of access. R-O-W off
e North side of Oregon Road,
tcbegue; 1000-095-01-part ~
7:45 p.m. Application of PAT-
RICIA AND REINER LOL-
LOT for variance to Article XI,
Section 100-119.1(A) for pennis-
sion to erect fence exceeding
maximum four-foot height re-
quirement at 1120 Ryder Farm
Lane, Orient; 1000-015-05-
024.11. (recessed from 9-13-84).
7:50 p.m. Application of RE-
NATE RIEDEL, 161 Brook
Road, Westhampton Beach, NY
11978 for a Variance to the Zon-
ing Ordinance, Article III, Sec-
tion 100-31, for approval of an
insufficient frontyard setback of
a one-family dwelling structure
to be located at 675 Meadow
Lane, Mattituck Estates Lot 42,
Matt/tuck, NY; 1000-115-05-
007.
8:05 p.m. Application of ED-
WARD L. HERRMANN, 1000
Marlene Drive, Matt;tuck, NY
for a Variance to the Zoning Or-
dinance, Article HI, Section 100-
31, for permission to construct
addition with reduction of
sideyard setback to less than the
required 10 feet. Location of
Property: 1000 Marlene Drive,
Matt/tuck, NY; 1000-114-2-40.
8:15 p.m. Application for DR.
BALA HARI pII.I.~.I, by Gary
F. Olsen, Esq., Box 706, Cutch-
ogue, NY 11935 for a Variance
to the Zoning Ordinance, Article
IH, Section 100-30(C) for permis-
sion to establish sleeping quar-
ters in a nonconforming acces-
sory building. Location of Prop-
erty: 8280 Great Peconic Bay
Boulevard, Laurel, NY; 1000-
126-11-019.
Persons desiring to be heard
~hould so so, either in writing or
In person, before or during the
public hearing. For additional in-
formation, please contact our of-
rice at 765-1809 (or 1802).
Dated: October 1, 1984.
BY ORDER C }
THE SOUTHOLD TOW
BOARD OF APPEAI) SS:
GERARD p. GOEHRINGE }
CHAIRMA
1TO4~4678
ANNA T.~T~KA~ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weakly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for ONE
weeks successively, commencing on the
dayof Oct_otzar 1984
Principal Clerk
Sworn to before me this 4 th
dayof October 1984
'' COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
Town of Southold
Board of Appeals
(516) 360-5513
LEE E. KOPPELMAN
October 31, 1984
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
Municipal File Number
Henry Domaleski
Renate Riedel
Constance Klapper
T. & J. Occhiogrosso
3242
3251
3267
3269
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
December 10,~1984
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
P.O.
Re: Appeal No. 3242 Henry Domaleski
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may b~ applicable.
If you have any questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Planning Board'
Suffolk County Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Commission
Southold Town Board o£
Appeals
APPEALS BOARD
MEMBERS
August 14, 1984
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. $ - E · Q, R, A,
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATI%~E ENVIRON~iENTAL DECLAP. ATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3242
PROJECT N~ME: HENRY DOMALESKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for ]0t width.
LOCATION OF PROJECT: Town of Southold/~County of Suffolk, more
particularly known as: R.0.W. Oregon Rd., CutchO§ue, NY;
County Tax Map No. 1000-95-1-11,12.
P~ASON(S) SUPPORTING THIS DETEP~MINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
~) Approval has been obtained from the N.Y.S~ DEC and/or Health Dept.
( The relief requested is a setback or lot line variance, which does
not require further processing under "Type II" Actions of the State Environmental
Quality Review Act. '
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.
WICKHAM, W~CKHAM & BRESSLER, ~.C.
MATTItUCK LONG ISLAND
NEW yORK 11952
August 8, 1984
Southold Town Board of Appeals
Town Hall
Main Road
Southold,
NY
11971
Re: Application of Henry Domaleski
Appeal NO. 3242
Gentlemen:
Enclosed is a copy of the New York State Department of
Environmental Conservation Permit recently received in
connection with the above matter, together with a copy of
the Department's cover letter dated July 24, 1984.
Also enclosed is a copy of the Planning Board's letter
dated May 24, 1984 stating that the application for sub-
division approval is being held in abeyance pending the
approval of the variance.
schedule this matter for your next available
Please
hearing.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
/emu
enclS.
NEW i
STATE DEPARTMENT OF ENVIRONMENTAL CONSE~
PERMIT
UNDEg THE ENVIRONMENTAL CONSEIIVATION LAW
ARTICLE TS, (Profention of Water) ~ ARTICLE 25, (Tidal Wetland.)
ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Constructlog in Flood Hazard A~eas)
10-84-0489
PERMIT ISSUED TO
Henry gomaleski
ADDRESS OF PERMTTrEE
Oregon Road, Cutchogue, NY 11935
LOCATION OF PROJECT (Section of stream, tidal wetland, dam, buildlnR)
Long Island Sound, Glen Court
DESCRIPTION OF PRO)ECT
Subdivide a 4.0 acre parcel of land into two separate ones of 1.949 acres and 2.051 acres
respectfully as per supplied plans.
COMMUNITY NAME (City, Town, Village) ~ TOWN
Cutchogue J Southold
COUNTY IFIA COMMUNITY NO: ' I DAM NO.
Suffolk
GENERAL CONDITIONS
1. The permirtee shall file in the office of the apprOlXiate Rectorial
Permit Administrator, a notice of intention to commence work at least 48
hours in advance of the time oL commencement and shall also notify him
promptly in writing of the complutio~, of the work.
2. The permitted work shell be subject to inspection by an anthoriznd
representative of the Department of Environmental Conservation who may
order the work suspended if the public interest so requires.
3. As a condition of the issuance of this permit, the applicant has ac-
cepted expressly, by the. execution of the application, the full legal resgon-
stbility for all damages, direct or indiructt of whatever nature, and by whom-
ever suffered, arising out of the project described herein and has asrend Io
indemnify and save harmless the State from suits, actions~ damages and
costs of every name and description resulting from the said project.
4. Any material dredsed in the prosecution of the work herein permitted
shaU be removed evenly, without leaving large refuse piles, ridges ac~-oss the
bed of the waterway or flood plain or deep holes that may heve a tendency to
cause Injury to navigab!e channels or to the banks of the waterway.
5. Any material to be deposited or dumped under this permttt either in
the waterway or on shore above high-water mark, shall be deposited or dumped
at the locality shown on the drawing hereto attached, and, if so pres~rfbed
thereon, within or behind a $ood and substantial bulkhead or bulkheads, such
as will prevent escape of the material into the waterway.
6. There shall be no unreasonable interference with navigation by the
work herein authorized.
7"~ That if future operations ~y the State of New York require an alteration
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 ,f~ow~ .or endanger
the health~ safety or welfare of the people of the State, or loss or destruclion
of the natural resomces of the State, the owner may he ordered by the Depart-
ment 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 completed, the owners shell~.;
without expense to the Slate, and t.o 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 fail and restore to its former
condition the navigable and f)ond capacity of the walercourse. No claim shall
be made against the State of New York on account of any such removal or
alteration.
PERMIT EXPIRATION DATE
l July 31~ 1986
8. 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 navlsatton~ or fm other purposes, and no claim or right to
compensation shall accrue from any such damage.
9. That if the display of !lghts and siRnals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may be pre-
scribed by the United States Coast Guard shall he installed and maintained
by and at the expense of the owner.
10~ All work carried out under this permit shall he performed in accor-
dance with established engineering practice and in a workmanlike manner.
11. if sraotnd under Articles 24 or 25, the Department reserves the right
to reconsider this approval at any time and after due notice and hearing to
continue, rosclnd or modify this permit in such a manner as may he found to
be just and equitable. If upon the expiration or revocation of this permit, the
modification of the wetland hereby authorized hes nut been completed, the
applicant shell, without e~peose 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 ils former condition. No claim shall be made against the State of New
York on account of any such removal or alteration.
1Z. This permit shall not be construed as conveying to the applicant any
right Io trespass upon the lands a~ interfere with the riparian rights of others
to perform the permitted work or as anthorlzin$ the impairment of any rights~
title or interest In real or personal property held or vested in a person not a
party lo the permit.
13. The permittee is responsible for obtaining any other permits~ ap-
provals, lands~ easements and rights-of-way which may be required for this
project.
14, If granted under Article 36, this permit is granted solely on the basis
of the requirements of Article 36 of Ihe Environmental Conservation Law and
Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood
Hazards - I~ullding Permits) and in no way signifies that the project will be
free from flooding.
15, By acceplance of Ibis permit the permlttee agrees thai the permit
is contingent upon strict compliance with the special conditions on the
reverse side.
9S-2~0-4 (9/75)
(SEE REVERSE SIDE)
SPECIAL C ONDITIO~,NS
SEE ATTACHED CONDITIONS A - J
PERMtT ISSUE DATE J PERMIT ADMINISTRATOR /~ - .~ (; ~,:-' . JADDRESS Bldg. 40, S~--Room 2]9
July 24, 1984 Daniel J. Larkin..~,~ ' ,=,' ~'. ' ~ Stony Brook, NY 11794
SLrPpL~,,7.NTARY SPECIAL CO~ITIO[]C
The following conditions apply to all permits:
If any of the permit conditions are unclear, the permittee shall contact
the Division of RegulatoryAffairs at the address and telephone noted below.
A copy of this permit or approval and approved project plans and supplement-
ary conditions shall be available at the project site whenever authorized
work is in progress.
The permit sign e~closed with the permit or a copy of approval letter shall
be prdtected from the weather and posted in a conspicious location at the
work site until completion of authorized work.
At least 4S 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.
For pro~ects involving activities to be accomplished over a period or more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the co~mmencement of resumption of work each
year.
If projec% design modifications take place after permit issuance, the
permlttee 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 modific~tion may require submiss-
ion of a new application for permit.
All necessary precautions shall be taken to preclude cont-mtnation of any
wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coating, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
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 Environmental Conservation Law.
The permittee is advised to obtain any permits or approvals that may be
required from the U.S. Department of Army Corps of Engineers, New York
District, 26 Federal Plaza, New York ~ 10007, (Attention Regulatory
Functions Branch), prior to commencing work authorized herein.
The granting of this permit does not relieve the permittee of the responsib-
ility 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 Department of Environmental Cons.
Bldg. 40, SUI~f--Room 219
Stony Brook, NY 11794
(516) 751-7900
DEC # 10-84-0489
NEW YORK STATE DEPARTMENT OF ENVII~ONMENTAL CONSERVATION
Bu~ldin$ 40, S~at2 Un~versity of New York
Stony Brook, New York 11794
516-751-7900
July 24, 1984
Mr. Henry Domaleski
Oregon Road
Cutchogue, NY 11935
RE: 10-84-0489
Dea~ Mr. Domaleski:
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing Regulations
(6NY~RR Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any condi-
tions, please contact the Regional Regulatory Affairs Office, NYS
Department of Enviro-m~ntal Conservation, State University of New
York at Stony Brook, Building 40, Stony Brook, New York 11794.
Also enclosed is a permit sign which you are to conspicuously
post at the project site, protected from the weather.
Very truly yo,~., /Q
Daniel J ./~arkin
Regional ~ermit Administrator
DJL:ll
Encls.
D
$ ~
Southold, N.Y. 11971
(516) 765-1938
May 24, 1984
Mr. Gerald Goehringer, Chairman
Zoning Board of Appeals
$outhold Town Hall
Southold, NY 11971
Re: Domalski subdivision
located at Oregon (appeal NO. 3242)
Dear Mr. Goehringer:
After review of the file for the above mentioned subdivision
at the regular meeting of May 21, 1984 the Planning Board
makes the following comments.
The Planning Board suggests that a 50' strip through the farm
be reserved for a paper road pursuant to the Master Plan. This
will not infringe upon the subdivision, but should be considered
at this time.
As you know, this was handled as a set-off by the Planning
Board in 1983, and approved as such. There are no covenants
regarding re-subdivision.
The Planning Board will hold this application in abeyance until
all variances and access approval is granted.
If you have any questions, please contact this office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
,~S e c )re~a ryC~4~
cc: Abigail Wickham, esq.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 BnUTHnLD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
May 21, 1984
Abigail A. Wic~ham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
PoC.
Re: Appeal No. 3242 Henry Domaleski
Dear Gail:
In our May 10, 1984 correspondence, we failed to mention
that the board is awaiting approval from the N.Y.S.D.E.C.
in accordance with the Tidal Wetlands Land Use Regulations,
Section 661.5(b)[57], in addition to receiving comments or
approval from the Southold Town Planning Board on this new
proposal.
We have received your May 18, 1984 letter with enclosures
pertaining to the previous set-off.
Yours very truly,
GERARD P. GOEHRINGER
Rowa/SK1
Southold Town Board of Appeals
MAIN ROAD-BTATE ROAD 25 SOUTHDLD, L.I,, N.Y, llg?l
~ ~ ~ TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE OOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Nay 10, 1984
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1~24
Mattituck, NY 1~952
PoC.
Re: Appeal No. 3242 - Henry DomaleSki
Dear Gail: ~
This letter will confirm that at a Special Meeting of
the board held May 2, 1984, the following action was taken
concerning the above application:
BE IT RESOLVED, that Appeal No. 3242, app. lication for
HENRY DOMALESKI for a pr~opesed two-lot subdivision, be held
temp-~-~-~y in abeyance 'pending review and receipt of comments
from the Planning Board.
Also, in reviewing this application it appears there are
other premises of the applicant~ which has not been included
in the application, in particular the entire 26-acre parcel
and a house parcel identified as 1000-95-1-12.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
CC:
Planning Board I' By Linda Kowalski
Building Dep~rtment
Auguat. 23.,1984.
LEGAL NOTICE
· N'(YI~CE IS HEREBY GIVEN.
pursuant to S~ction 267 of the
Tov~ Law and the Provisions,of.
the Am~aded Code of the Town
of Southold. a P~gular Meeting
and the following maU~rs will be
held for public ~ by the
Southold Town Board of Appeals
LOT, 2345 Plum lzland Lane,
Orient, ~ for a Variance to the
Zoning Ordinance. Articie XI,
Section 100-119-1(A) for permis-
sion ~ erect fence exceeding the
maximum four-foot height re-
quirement alon~ front-yard area
of this vacant parcel, 1120 Ryder
Farm Lane and Uhl Lane,
Orionti Orient-By-The-~ea Filed
Map 6160, Lot 157: County Tax
The Suffolk .imes
Road, cUtch°gue, NY; County'l
Tax Map Parcal No. 1000-095.~
01-part of 011.
8:15 p.m. Application of
THOMAS AND JAC-
QUELINE OCCHIOGROSSO
77 Vandethilt Boulevard, Oak-
dale, NY (by Scheinberg, DePot-
ri8 & Pruza~ky) for a Variance
to the Zoning Or~linance, Article
III, Sect/on 10031 for approval
of the construct/on of a new one-
Town Hall. Main Road. So~thold.
~ and as follows:
7:~0 p.m. Application for
HE1WRY P, SMITH for approval
of two _p~__ls with insufficient
sr~a antl~idth in this B-1 Busi-
n6ss Zoning Dtstrict~ Article III,
//ection 100-31 of tho Zoning Or-
dinance. Proper~y Locatmn:
West Side of Peconic Lane,
P~conic, NY; 1000-74-5-2 and 3
(9.2).
?:35 p.m. Application of
ROGER MUNZ, Box 567,
Laurel, NY (by Cardinale & Car-
dinals, l~Is.) for a Variance for
relief from Condition No. 7 mad
the May 2?, 1983 decicion~ r~
nder~d in Ap~plications No. 3100
and 3101. Property Loca~on:
13175 Main Road, Mattituck,
NY; County Tax Map Pardi No.
1000.140-03-038 (Owners: J. and
· C. Moisa).
7:45 p.m. Application ofJ. P.
HUBERMAN, 2 Linda Lane,
Sot~uket, NY (by I. Price, Jr.,
Esq.) For a Vartanc~ to the Zoning
Ordinan~. Article IH, Seciion
100-30(C) for permmsmn to e~
tabltsh home occupancy, to wit:
physician office, within a one-
family r~sidantlal building
ceeding 80~ of the mammum.
permitt~d first floor area, a~
41505 C,R. 48, Southold,
County Tax M~p Parcal No.
1000-059-03-023.
?:5~ p.m. Applicatlon ~fFRRD
H. AND GEORGIA LAM-
BBOU, 0n~ Canaan CIo~, Now
Canaan, ~ 06840 for · Varianc~
' ~o tho Zoning Ordinance, Articls
IH, l!t~iion 100-32 for permiscion
to ll~at~ acc~sory garag~stor-
age building in the frontyard
ar*a at 136~ Aquaview Awnuo,
East Marion, lqY; County Tax
Map Parcel Bio. 1000-022-02-01.
, "~ 8:00 p~a. Application of PAT-
RI(JlA AND REINER LOL-
family dwelling with an insuffi-
cient frontyard setback of 12 1/2
STANCE III,APP~R, Box 291, foot (reduction of that granted
- '~ under Appeal No. 3031 1/27/83).
Cutchogue, NY (by Essekz, Hsf- . -
..... , ....... ' Lo~ation of Property; 1580 Corey
anco ~o the' Zanil~ Ordina~,
prove o msumao are m MapParcal No, 1000-78.04-019.
in this prope~d two-lot division 8:25 p.m. Application of
(redivlsion) of land and for ap-
proval of insufficient livable floor
area of existing ptincipal build-
rog. Location of Property: 3300
Dignaqs (private) Road, Cutch-
oguo, NY; County Tax Map Par-
cel.]X!o. 1000-83-02-005.
8:10 p.m. Application for
HENRY DOMALESKI, Ore-
gon Road, Cutchogue, NY (by A.
Wickham, Esq.) for Vaxianc~:
proval of insufficient width of
two proposal parcels in this divi-
sion of land, and (b) to New York
proval of, acc~s. Location of
Proper~y; Private Right-of-Way
ROBERT ENTENMANN, 65
M~adow Farm Road, Ee~st Islip,
~ (by A. Wickham, Esq,) for a
Variance gb the Zoning Ordi-
nance, Article III, Section 100-
31, Bulk Schedule, for apprOval '
of insufficient area and width of
parcel to b~ set-off in this prop-
osed three-lot subdivision of.land
located at the north side of Sound
Avenue, Mattituck, NY; CoOnty
Tax Map Parcel No. 1000-112-1-
Persons desiring to be heard .
may do so in person, in writing,
or by representative. For addi-
tional information, please con-
tact our office.
Dated: August 14,
of Greenport, in
~, says that he/she is
~LK TIMES, a Weekly
~enport, in the Town
,Ik and State of ~ew
~/hich the annexed is
~lularly published in
cingonthe 23rd
_19 84
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Pro-
visions of the Amended Code
of the Town of So~thohi, a
Regular l~eeting and the
following matters will be
for public hearings by the
Southold Town Board of
peals .on THURSDAY~
TEMBER 13. 1984, commenc-
ing at 7',~ p.m., at the
Southold Town Hall,. Main
Road, Sonthold,. ~ and as
follows: ~.~ .-
7:30 P.~. Ai~tinn for
~for approv-
al of two parcq~vith insuf-
ficient area an~'://~ldth 'in this
B-1 Busine~ ~g District,
Article IH., S~ 100,31 of
the Zoni~ig Ordnance. Proper-
ty Locntion~i West Si.de of
Peconic Lane,:'"Peconic~, NY;
1000-74-5-2 and 3 (9.2).
7:35 p.m. Application of
ROGER MUNZ~ Box 567,
Laurel, NY' (by Cardinale &
Cardinale, Esqs.) for a Vari-
ance for relief from Condition
No. 7 of the May 27, 1983
decisions rendered in Applica- ·
tions No. 3100 and 3101.
Property Location: 13175 Main
Road, Mattituck, NY; County
Tax Map Parcel No. 1000-140-
03-038 (Owners: J. and C.
Molsa).
7:45 p.m. Application of
J.P. HUBERMAN, 2 Linda
Lane. Setauket, NY (by I.
Price, .Ir., Esq.) for a VaOance
to the Zoning Ordinance,
Article HI, Section 100-30(C)
for permission to establish
home occupancy, to wit: physi-
cian office, within a one-family
residential building exceeding
30% of the maximum-permit.
ted first floor area. at 41505
C.R. 48, Southold, NY; County
Tax Map Parcel No. 1000-
059-03-023.
7:55 p.m. Application of
FREI) H. AND GEORGIA
LAMBROU, One Canaan
Close, blew Canaan, CT 06840
for a Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to locate
accessory garage - storage
building in the frontyard area
at 1365 Aquaview Avenue,
East Marion, NY; Couniy Tax
Map Parcel No. 1000-022-02-
01.
8:00 p.m. Application of
PATRICIA AND REINER
LOLLOT, 2345 Plum Island
Lane, Orient, NY for a Var-
iance to the Zoning Ordinance,
Article al, Section 100-119-
l(A) for permission to' erect
fence exceeding the maximum
four-font height requirement
along frontyard area of this
vacant parcel, 1120 Ryder
Farm Lane and Uhl Lane,
Orient; Orient-By-The-Sea Fil-
ed Map 6160, Lot 157; County
Tax Map Parcel bio. 1000-015-
05-024.11.
8:05 p.m. Application of
CONSTANCE KLAPPER, Box
291, Cutchogue, HY (by
seks, Hefter, Cuddy & Angel)
for a Variance to the Zoning
Ordinance, Article 11I, Section
100-31. for approval of insuf-
ficient area of lot in this pro-
posed two-lot division (redivi-
sion) of land and for approval
of insufficient livable floor
area of existing principal
building. Location of Property:
3300 Dignans (private) Road,
Cutchogue, NY; County Tax
Map Parcel No. 1000-83-02-
00.
~'~i10 p.m. Application for
t~IENRY DOMALESKIi Ore-
~gon Road, Cutchogue, NY (by
A. Wickham, Esq.) for Vari-
ances: (a) to the Zoning Ordin-
.ance, Article IlL Section 100-
? 31 for approval of insufficient
width of two proposed parcels
in this division of land, and (b)
to New York Town Law, Sec-
tion 280-A for approval of
access. Location of Property:
Private Right-of-Way off the
North Side of Oregon Road,
Cntchogue, NY; County Tax
Map Parcel No. 100-095-01-
part of 011.
8:15 p.m. Application of
THOMAS AND -IACOUELINE
OCCHIOGROSSO, 77 Vander.
bilt Bulevard, Oakdale, NY (by
Scheinberg, DePetris & Pm.
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in. Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler~Watch-
man once each week for ....................... ./. ............... weeks
J
successively, commencing on the ............~.....~....~.... ...........
day ................. ,
Swam to before me this ............ ~..~......~... ....... day of
~ ~ 19....~..?.
Notary Public LJ
CLEMENT J. THOMPSON
NOTARY PUBLIC, State M New Yerk
Page 3
Copies have been forwarded to the following on or about 8/21/84:
Suffolk Times (personal delivery 8/21/84 a.m.
L.I. Traveler - mailed 8/21/84 a.m.
Philip J. Ofrias, Jr., Esq., for H.P. SMITH
Philip J. Cardinale, Esq. for ROGER MUNZ '~
Mr. Roger Munz ~r,~ ~ ~ ~,~,~.~ ~ , ~
Irving L. Price, Jr., Esq. for J.P. HUBERMAN
Mr. G.A. Strang for Huberman
Mr. and Mrs. Fred H. Lambrou
Mr. and Mrs. Reiner Lollot
Esseks, Hefter, Cuddy and Angel
Ce~,~.%- ~ for Constance Klapper
Abigail A. Wickham, Esq.
for Henry Domaleski
for Robert Entenmann
Scheinberg, DePetris and Pruzansky for T.
Attn: Janet Geasa, Esq.
Town Board
Planning Board
Building Department
Town Clerk Bulletin Board
Zoning Appeals Office Bulletin Board
Z.B.A. members
Z.B.A. individual files
AND J. OCCHIOGROSSO
JUDITH T TERRY
TOWN (. LERK
RFGISTRAR OF VITAl. SIX, IISIICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 11, 1984
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 Zoning Appeal No. 3242 application of Henry Domateski
for a variance. Also included is notification to adjacent property owners;
Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Department; and survey.
Judith T. Terry
Southold Town Clerk
WICKHAM, WICKHAM & BRESSLER,
MAIN ROAD~ P.O. BOX
MATTITUCK LONG ISLAND
NEW YORK I)952
516-298-83S3
April 11, 1984
Southold Town Board of Appeals
Town Hall
Main Road
Southold,
Re:
Gentlemen:
NY 11971
Application for Variance of Henry Domaleski
Enclosed are the following in connection with the
application:
1. Application, in triplicate;
2. Notice of Disapproval from the Building
Inspector;
3. Short Environmental Assessment Form;
4. Questionnaire;
5. Original Notice to Adjoining Owners with
Affidavit of Service thereon;
6. Five prints of the survey;
7. Check in the sum of $50.00, representing
the application fee.
If any further
as soon as possible.
/emu
encls.
above
information is required, please contact us
Very truly yours,
Abigail A. Wickham
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.
D^TE ..........
Name of.Appellant Street and Number
........... .C.~.~.c.~.o.~...~.e, .......................................... .N.e..W....~...o..r...~. ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 3/10/84 FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
HENRY DOMALESKI
Name of Applicant for permit
of Oregon Road, Cutchogue, New York
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO ~ DIVIDE
-~ ~ni ht of Way off ,, ,,
1. LOCATION OF THE PROPERTY .Or~,gon..P, ct..,..~t~t, cho~e......:A Residential &
· Street and Hamlet Agricultural Zone
HENRY DOMALE SKI
..1Q00./095J.01/.p...o...1L ................................... OWNER (S): ...........................
Map No. Lot No. acquired~
DATE l~lll~. .1971 ...............
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number~:Do not quote the Ordinance.)
Article III , Section 100-31 and Town Law S280A.
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:~.W~:;(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
~s requested for the reason that ~ would like to divide the property into two
ors, each in excess of 80,000 square feet but containing insufficient
width of 145.75 each, and access via a 25 foot right of way from
Oregon Road requiring 280A approval.
Form ZB! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant's parcel contains more than the required
square foota§e for two lots, but the long, narrow configuration of
the farm makes division into ~wo waterfront lots with sufficient
width impractical. It could be accom~lished b7 slanting the lot
lines, but that would make for oddly shaped lots. From a financial
point of view, applicant prefers to make maximum usage of the
waterfront by creating two lots as shown on the survey.
2. The hardship createdis UNIQUE ond is notshared by all prope~ies alike in the immediate
vicinity ofthis property and inthis use district because 'the width of the lots is
limited b7 the width of the farm, wh£ch is narrower than the ~wo
farms on either side of the property.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the lots are consideraJ)].y ].arger tjx. an
those in the subdivision to the East.
STATEOF NEW YORK )
) ss .... : .............
COUNTY OFSUFFOLK )
Sworn to this .6...t.'p ......................... da~ of ............... .A.P...r..:J:]-. ............................ 198/~
Notary Public £]3!~:'~ ~ ~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter oT the Petition of :
HENRY DOMALE SKI :
to the Board of Appeals of the Town of Southold :
TO: Mr. Francis B. Garvey
Mr. & Mrs. Vaino Halla
Birch Hills Property Owners' Association
Mr. Anthony E. Mitarotondo
Ms. Bertha Davis
Mr. & Mrs. Walter C. Finger Mr. & Mrs.
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
Vincent Krupski
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (M,4~i~W~I~
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Bounded North by L.I. Sound, West by Oarvey, South by) other
land of Henry Domaleski, and East by Birch Hills Subdivision, and~Southeast
by Krupski. Suffolk Co. Tax Map #1000/095/01/p.o. 11
3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefoUowingzoningdistrict:
"A" Residential & Agricultural
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to divide
the property into two lots with insufficient width and for approval of
access of 25 foot right of way.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are ~rticle III Section 100-31 and 280A approval
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) ?~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: April 6 , 1984
~etitioner ~RY DOMALESKI
Post Office Address
Ore~on Road
Cutchogue, NY 11935
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Mr. Francis B. Garvey
Mr. & Mrs. Vaino Halla
Birch Hills Property Owners'
Association
Mr. Anthony E. Mitarotando
Ms. Bertha Davis
Mr. & Mrs. Walter C. Finger
Mr.
& Mrs. Vincent
(see
Argyle Road - P.O. Box 158
Babylon, NY 11702
5 Randy Lane
Plainview, NY 11803
c/o P. Finger
RR1, Box 161C
Cutchogue, NY 11935
4065 Peconic Bay Blvd.
Laurel, NY 11948
30 Lincoln Plaza
Apt. 17M
New York, NY 10023
405 Birch Lane
Cutchogue, NY 11935
-regon Road
~tchogue, NY 11935
S
C~
verse
names
the cu~
rice at
~gat 611 Maple Street,
tulysworn, deposes and says that on the llth day
ailed a true copy of the Notice set forth on the re-
_ .-.ns at the addresses set opposite their respective
persons are the addresses of said persons as shown on
~thold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by
(see receipts attached hereto).
Sworn tqbefp~;e me this llth
day of aprl]_, ,19 84
ELLEN M. URBANSKI
Notary Public
Commission Expkes Mar. 30, 19_
0
0
SHORT ENVIRON~4ENTkL ASSESSMENT FOP~M
INSTRUCT!ONS:
(a) In order to answer the questions in this short EAF is is assumed that the
preparer will use currently available infor~.~ation conceding the project and the
likely impacts of the action. It is not exT. ected that additional studies~ research
Or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be si~ificant and a
completed Environmental Assessment Form is necessa~/.
(c) If all questions have been answered No it is likely that this project is
no.__~t significant.
(d) Enviror_mental Assessment
me
2e
3.
5.
6.
7.
8.
Will project result in a large physical cbmnge
to the project site or physically alter more
than 10 acres of land? ....... ·
Will there be a major change to any unique or
unusual land form found on the site? · .
Will project alter or have a large effect on
an existing body of water? . . . . . · ·
Will ~roJect have a potentially large impac~ on
~r o,~Gwa t e r quality?
Will project siunificantly effect drainage flow
on adjacent sites? · · . · , · · ·
Will project affect any threatened or endangered
plant or animal species? · · · · · · ·
Will project result in a major adverse effect on
air quality? · · · ·
Will project have a major effect on visual char-
acter of the com~muni%y or scenic views or vistas
known to be important to the community? . . .
Yes X No
Yes X No
Yes X No
Yes X No
Yes X No
X
Yes No
Yes X No
Yes X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site desiEnated as a critical
environmental area by a local agency? . . . -- Yes X No
10. Will project have a major effect on existing or
future recreational opportunities~ · · , Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? · · · . · · · , · · · · Yes X No
12. Will project regularly cause Objectionable odors~
noise, glare, vibration, or electrical disturb-
ance as a result of the proJecu's operauion? . Yes X No
13. Will project have any impact on public health or
safety? · . . . . . o . .. . Yes X No
l&. Will project ~ffect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period o__r have a major negative effect on the
character of %he com.~unity or neighborhood?.
Yes X No
15. Is there public,~c~ntrovers7 concerninE ~he project? Yes X No
-' · henry ooma-es~z DATE: April ~1 , 1984
.PRES~JTIJG: ~Di~iJ~
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] 2.
[ ] 3.
[ ] 4.
[ ] 5.
[ ] 6.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates my property from this environmental
a rea:
[ ] 50' existing road
[ ] existing structures
[ ] bluff area more than 10' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area.
[ ] 7.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s).
I0/831k
Southold Town Z.B.A.
Main Rd.
Southould, NY
Gentlemen:
Please be advised that the following application is listed for
in the office that has my license.
For the record I do not have any interest in this application.
sale
gPg
Very truly yours,
Gerard P. GOehlngez