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Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 2.5 SOUTHI3LD, L.I., N.Y. 11971
TELEPHONE {516) 765-t809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3279
Application Dated August 7, ]984
TO: Mr. Ernest M. Guettinger
950 Oak Street
Cutchogue, NY 11935,
(Public Hearing 11/29/84)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on December ]3, ]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
New York Town Law, Section 280-a
[ ] Request for Special Exception under tka_Z '~Ordinance
Article , Secti
to
[X] Request for Variance g Ordinance
Ar. ticle III , Section ]00-32
Request for
Upon application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue,
NY for a Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to construct addition to accessory garage located in
the frontyard area with a reduced sideyard setback, premises identified
as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue,
NY.
The board made the following findings and determination:
This is an appeal from Article III, Section 100-32 of the Zoning
Ordinance which requires all accessory structures to be located in
the rearyard area. Applicant has requested an 10' by 14' addition
at the northerly side of an accessory structure presently situated
in the frontyard area 29.5 feet from Oak Street and 15 feet from the
southerly side property line. The accessory structure was constructed
after receiving Zoning Board conditional approval under Appeal No. 1867
on February 7, 1974, with restricted setbacks within the frontyard area.
The permitted use of this accessory structure is for garage and
storage purposes accessory and incidental to the residence. The
10' by 14' addition is proposed as a tool shed, which shall be
incidental to the residence.
The premises in question is located on the east side of Oak
Street and contains an area of 21,000± sq. ft. The premises has
frontage of 75 feet along Oak Street and 75.13 feet along Eugene's
Creek, and is improved with a one-family, two-story frame dwelling
set back 130± feet from Oak Street.
The setback from the northerly side property line for the
proposed addition is proposed to be not closer than 12± feet. The
board members agree with applicant's reasoning under the circumstances.
In considering this appeal, the board has also determined: (1)
that by allowing the variance, no detriment would be created affecting
adjoining properties; (2) that no adverse effects will be produced
on available governmental facilities of any increased population;
(3) the variance will be in harmony with and promote the general
(CONTINUED ON PAGE TWO)
DATED: December 21, 1984.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3279
Matter of ERNEST M. GUETTINGER
Decision Rendered December 13,
1984
purposes of zoning; (4) the circumstances of this appeal are unique;
(5) the relief requested will be in harmony with and promote the
general purposes of the zoning ordinance; (6) that the interests
of justice will be served by allowing the variance, as indicated
below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, that the relief requested under Appeal No. 3279,
in the Matter of ERNEST M. GUETTINGER for permission to add lO'
by 14' tool shed to an existing accessory storage-garage building,
BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING:
The accessory building (and addition) only be used for
storage purposes (not to be used for sales or sleeping quarters
Location of Property: 950 Oak Street, Cutchogue, NY;
County Tax Map Parcel No. 1000-136-01-37.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Gr gonis,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk
.,GERARD P. GOEHRINGER, CHAIRMAN~J~a)
December 21, 1984
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended Code of the Town of
Southold, the following public hearings will be held at the
Southold Town Hall, Main Road, Southold, NY by the Southold
Town Board of Appeals at a Regular Meeting on THURSDAY,
NOVEMBER 29, 1984, commencing at 7:30 p.m. and as follows:
f7:30 p.m. Application GUETTINGER, Street,
of
ERNEST
95O
Oak
Cutchogue, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-32 for permission to construct addition ~o
accessory garage located in the frontyard area with a reduced
sideyard setback, premises identified as County Tax Map Parcel
No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY.
7:35 p.m. Application for JOHN AND MARILYN FLYNN, c/o
G. Strang, Box 1412, Southold, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to retain
existing frontyard location of 6 concrete block structure~as
a storage building, accessory to a proposed single-family
residence, premises identified as County Tax Map Parcel No.
1000-111-12-1; 2250 Little Peconic Bay Boulevard (a/k/a 5650
Nasau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and
143, Cutchogue, NY.
7:40 p.m. Applicatio~ of ALFRED AND BARBARA DiNUNZIO, 6 Glenn
Road, Southold, NY for a Variance for approval of access~ New York
Town Law, Section 280-A ccncerning right-of-way located-off the
east side of Wells Road, Peconic, NY; to-p~em}ses identified as
County Tax Map Parcel No~ 1000-75-06-001.-
for JOSEPH GRASSO, ~/o D~D~nis, Route 25,
7:50 p.m. Application
Aquebogue, NY for a Variance to the Zoning Ordinance', Article
Section 100-31, Bulk Schedule, for permit-sion to cbnstruct new
III,
one-family dwelling with an insufficient fronty~rd setback at
premises identified as County Ta'x Map Parcel No. 1000-59-06-003,
located on the ~orth Side of Sound View Avenue, Southo]~~, NY;
(current owner: A. Milne).
8:00 p.m. Application for JOSEPH GRASSO, c/o D. Denis, Route 25,
Aquebogue NY for a Variance to thE ~]ood Damage ~revention'.La~
Ch. 46, for permission to utilize area below the minimum required ~.~
flood elevation for mechanical equipment, at premises identified as
County 'Tax Map ?arcel No. 1000-59-06-003, North Side of Sound View
Avenue, Southold, NY (current owner: A. Milne).
8:05 p.m. Application for RICHARD W. SLEDJESK], cio I. Price, Esq.,
828 Front Street, Greenpor~, NY for a~Variance to the zonSng Ordi-
nance, Article XI, Section lO0-1T9.1, for permission to construct
Page 2 Legal Notice of Hearings
November 29, 1984 Regular Meeting
Southold Town Board of Appeals
fence exceeding the maximum four-foot height requirement, at
premises identified as County Tax Map Parcel No. !000-40-02-2l~
1040 Homestead Way, Greenport~ NY.
8:10 p.m. Application of GENERAL WAYNF INN, Bayview Road,
Southold, NY for a Variance to the Z~ning Ordinance~ Article III,
Section 100-30(C)[6](f) for permission to erect directional]sign
at premises identified as County Tax Map Parcel No. 1000-69-02-003~
corner of C.R. 48 and Ackerly Pond Lane~ Southold, NY (current
owner: S. Doroski).
8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools~
Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning
Ordinance, A~ticle III, Section 100-32 for permission to locate
inground pool in an area other than the required rearyard, at
premises identified as County Tax Map Parcel No. lO00-111-iS-
part of 1~6 (part of 1.3). -
Persons desiring to appear at the hearing may do so; communications
in writing in relation thereto may be filed with our office before
or at this hearing.
Dated: November 2, 1984o BY ORDER OF THE SOUTHOLD TOWN
BOARD O~ APPEALS
GERARD P. G~EH~INGER~ CHAIRMAN
Notice to newspapers:
Please pubtis~ ~HURSD~Y, NOVEMBER 8, 1984 and forward 8 affidavits
of publication to: Board of Appeals, Main Road~, Southold, NY
11971, before November·19, 1984.~ tel. 765-1809,
Copies forwarded to the following on or about 11/2/84:
Mr. Ernest Guettinger
Mr. Garrett A. Strang, for JOhn and Ma[ilyn F~l.ynn
Mr. and Mrs. Alfred DiNunzio
Mr. Roger Cullen, ~o~ Shelter Island~ NY 11965
Mr. Donald A. Denis, for Joseph Gr~sso
Harold King~ Esq., for ·Joseph Grasso
Irving L. Price, Jr., Esq. for Richard
General Wayne Inn
Swim King Pools, Route 25A, Rocky Point,
Suffolk Times
L.I. Traveler-Watchman
Town Clerk Bulletin Board ~-
Building Inspectors
W~ Sledjeski
NY for AnthonY Pagoto
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................ Date
· ....
· ..cT.~.r~c~.o~.,./,/...~ .... /./. 7.~
PLEASE TAKE NOTICE that your application dated .%J~L~.C. ~.....d./~ ...... , 19 .~.c~..
for permit to construct. ~./~..#.~./../(57'9~.... {.~../~,~.~5~..~.~..~,~t~ ~ ...... at
Location of ,operty..~ .... ~Z .... ~~ .--~ ........ /..{~...~ .
Hou~ No. St~et ~ / Hamlet
Cou.ty r~ ~No. ~000 s~tio~ .. ~.~ ....... ~o~k ... ~/ ....... rot . .~ .....
~, ~,.~..d ~w~ ~,~ ~.d a,~a;~o~d o. ~ ~o~ow~ ~o~.d~ ~ O~ .~.~~¢
¢.. ~.. ~...~.~~...~ ............ ~. '~ .............
'FORM NO. '~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL,: 7§5-1803
ExsJmined ................. 19-..
Approved ................. 19... Permit No ............
Disapproved a/c .....................................
Received ...........
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This applicaticm must be completely filled La by typewriter or in ink and submitted to the Building Inspector, with 3
sets ,of plans, accura~e~lot plan to scale. Fee according to schedule.
o. PIot plan sho~ing location of lot and of buildings on premises, relation~tip to adjoining premises or public streets
~o~r,~e, as, and giving a~etailed description of layout of property must be drawn on the diagram-- wkdch is par~ of this appli-
c. The work covered by this appiication may not be commanced before issuex, ce of Build£ng Permit.
d. Upon approval of this application, the Building inspector wilt issued a Building Permit to the applicant. Such permff
shall be kept on the premises available for ~mspection throughout the work.
e~ No buildhag shall be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupm~cy
shall have been granted by the Building Lnspector.
APPLICATION IS HEREBY MADE to the Building Depecrtment for the issuance of a Building Permit pursuant to the
Bmldm§ Zone Ordinance of the Town of Soutnold, Suffolk County, New York, and other applicable Laws, O~dmances or
Regulations, [or the construction of building, additions or alterations, or for removal or d~molifion, as hereto described.
The applicant agrees [o comply with all appiicable laws, ordLaances~ building code, housing code, and regulations, and to
admit authorized inspectors on premises mud f~n building for necessary' inspections.
(Signature of applicant, or name, if a corporation)
~,qVfafling address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general' contractoL electrician, plumber or builder.
(as on the tax roll or latest deed)
tf applicant is a co~oxmtion, signature of duly author~ed officer.
(Name and htle of cor0ora~e officer)
Builder's Lfcense No ...... ~..~'~<:~..~-,; ...........
Plumber's License No .........................
Electrician's License No .......................
Other Trade's License No ......................
Location of Imud on which proposed work will be done ..................................................
........... ...............
................ Lz :z. ..................
House Number Street Hamlet
County Tax Map N~. t000 Section ./3~--..(Y...7~.. Block ......... Lot ...................
Subdivision
(~ame) J ..........................
State existing use and occupancy of prem~es and intended use and occupancy of proposed construction:
b. Intended use arid occupmcy . ~~...~'(~..~. ~,~. ~O&~'. ,& [~D.
3. Nature of work (check which apph~able): New Budding ' Addltmn .......... Alteration ..........
Repair .............. Removal ............ Demo[ition O.h~r V~ ork ...............
4. EsthnatedCost .. ' ' . ........................... Fee
~' {to be pa~d On filhng this application)
5. If dwelling, number of dwe~ng units ' " .... . ..............
............... Numoer ot dwelHng umts ~n eaek flopr.
if g~age, number of cexs
6.
if business, commeref~ or mixed occupancy, specify nature ~d extent of each type of u~
D~ensrens of ex~stmg strac~res, ff any: Front.. ~. ~ Rem- ~ ~ D~
Height ...~ ~ { ........ Number of Stories
D~ensions of same stn~cture with flterafions or add~fions: Front ................. Rear
Depth ...................... Height ...................... Number of Sto~es ......................
- 8. D~ns~ons of entire new construction: Front .g ........... Rear .... tiM. ( ...... Depth
~ He~t .. ~ q ~ / Number of Stories ........ ( .....................................
9. Size of lot: Front .... 7~2~ ............. Re~ 7 ~ t Depth
i0. Da*e cf Purchase ............................. Nme of Fo~er Owner .............................
1 I. Zone or use dSst~ct ~n which premises are s~tuated .....................................................
i2. Does propoaed construe'don v~olate any zoning law, ordinance or re,lotion:
13~ Will lot be regmded ........ ~ ................ Will excess ~l be removed from premises: Yes No
t4. Nme vt Owner ofprem~ses .................... Address ................... Phone No
Nmme vf Mchitect ... ........................ Address ................ P~one No
Name ~f Contractor .......................... Address ................... Phone No ................
PLOT DtAGR~H~
Locate cleazly and disfimctly ail buildings, whether existLng or proposed, an& indicate all set-back dimensions from
prcpe:cy ~_nes. Give street ~d block number or description according to deed, and shew street nm-nos ~md indicate whether
interior or comer lot.
STATE OF NEW YORK,
r ~ ................. S.S
COUNTY O.
,.. ! ........ ................. ~ ................... being duly sworn, deposes and says tkat he is the apptican~
(Name of individual sign~ag contract)
above named.
He is the ~ ........................................................................................
(Contractor, agent, corporate officer, etc.)
of sa~d owner or owners, and is duly authorized to perform or have performed the ~]d work and to m~e ~d ~ge
apphcatmn; ~at ~1 statements contained ~ ~is appdcatren are tree to the best of his ~owledge and belief; ~d that the
work will be perfo~ed in ~e m~ner set forth in ~e app~cation filed thereMth.
Sworn to before me ~his
............ ~:~ ........ day of.. . .......... 19
Nota~.
~bHc
NOTARY PU~[I~, S a e of Ne~ Yot~ .......
.. ~m [x~,es ~a~ 30.
%UG ?~ 1984
TOWN OF SOUTHOLD, NEW YORK
?~4[t ~I:~ROM DECISION OF BUILDING INSPECTOR
APPEAL7
DATE .......
TO THE ZON ~NG BOARD aP APPEA~S. TOWN aP SOUTHOLD, N. Y.
l, (~) ....~.z¢,.~...~..~.~...~.~..~...~.~...,~...,:',C ...... of ..... ~...~...~.....~..~_ZC....,~,~ ...................................
Name of Appella.nt Street and Number
...............................................................................................~..~.~,~ ~...
-.../... ......... HEREBY APPEAL TO
Municipality
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR
APPLICATION DATED:~7/~ FOR: ~/_DZ~/ZY~/
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
Name of Applicant for permit
of .......... .~.~. ~...~....~..~ .............. ~_~z, ~c/Z. ~. ~.~..~.. .............................
Street aha Number Municipality
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD ~¢~,¢~/-~/~/,~z ~7~' /~_.L~,,~',,¢~_¢/ -O~7;~L/~'~z~
/
1. LOCATION OF THE PROPERT~r' ../'...~...~,.......M../.;C~...~,~.~.. ......... ,~./.~...~...~....~(..,~.. ..........................
Street and [-~-t~et [o~e
· ?~*~ ~?...~.~..f...z._..~...7... ............... O~E~{S~: .~....~.~/.~..zzz...z~¢..~:¢....~.~,~
/~'~ ~.' ................. Lot No. ..~--/.'7../..
DATE PURCHASED: ............
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub-
section ana Paragraph of the Ton ng Ordinance by number. Do not quote the Ordinance4
Article ~ , Section /~¢ '--.~
3. T~YPE OF APPEAL Appeal is rnaa~ herewith for
( V~; A/VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lock of access (State of ~ew York Town Law Chap. 62 Cons. Laws
Art. i6 Sec. 250A Subsection 3
4 PREVIOUS APPEAL A prev,ous been maae with respect to this decision
of the BuiJding Inspector orwithreSp
Such appea was : ~ reguest for a special 3ermit I; ~.)~quest for a var,ance
ana was made m Appeal No .............. :r ......... ~ .............................
REASON FOR APPEAL
A Variance to Section 280A Subsection
()~ A Variance to the Zoning Ordinance
( )
is requesrea for the reason that
Form
(Continue an other side)
REASON FOR APPEAL
· :; Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
vicinit of this property and Jn this use district because
The hardshio created is UNIQUE and is not snarea by al properties alike in the ~mmediate
3 The Vc~riance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
C-tARACTER OF THE DISTRICT because
STATE OF NE¥~O..RK~ (~/?/~ )
) ss
COUNTY OP~~'~ )
Signature
Notary Public {
N~T~ ~ ~ e~ NeW Y~
Tern~ E~ire~ March ~ 1~
OJF SO T O .D
OWNER
FORMER ~VNER --'
STREET
N
VILLAGE DISTRICT
E ACREAGE
W
TYPE OF BUILDING
RES.
LAND
?,/ 6 D
IMP.
Farm Acre
Tillable ]
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
Tota~
TOTAL
· 5-~. ~ o ///
FARM
COMM. J IND. ] CB, J MISC. Est. Mkt. Value
DATE REMARKS
FRONTAGE ON WATER
FRONTAGE ON ROAD
BULKHEAD
Town of SouthoId
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE £. KOPPELMAN
January 4, 1985
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
Com~ssion 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
Mr. Ernest M. Guettinger
Dr. & Mrs. Arnold Behrer, Jr.
Municipal File Number
3279
3301
GGN:~k
Very truly yours,
Lee E. Koppelman
Director of Planning
by
Gerald G. Newman
Chief Planner
Southold Town Board of Appeal
MAIN ROAD- STAT£ ROA[~ 25 SOUTHOLD, L.I,, N,Y, 11971
TELEPHONE (516~ 765-180.~
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article III, Section 100-32
~ Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
~ Special Permit
Appeal No.: 3279 Applicant: MR. ERNEST M. GUETTINGER
Location of Affected Land: 950 Oak St., Cutchogue, ~f
County Tax Map Item No.: 1000- 136-01-37
Within 500 feet of:
__ Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
__ State or County Road, Parkway, Highway, Thruway
~ Boundary of Existing or Proposed County, State or Federally-
Owned Land
--_ Boundary of Existing or Proposed County, State or Federal Park
or Other Recreation Area
__ 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.
granted
COMMENTS: Applicant is Z~~ permission to
to accessory garaqe located in front yard.__
construct addition
Copies. of Town file and related documents enclosed herewith for your
review.
Temp. S~cretary, BOard ~f Appeals
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR, S.E.Q.R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATI~rE ENVIRONMENTAL DECLAP~TION
JOSEPH
H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO.: 3279
PROJECT NAME: ERNEST M. GEUTTINGER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 ~f 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 pendi, ng for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Varianc~ for accy. bldg. in fr0ntyard area.
LOCATION OF PROJECT: Town of Southold, County of Suffolk,
particularly known as: 950 Oak St., Cutch0§ue, Ny;
County Tax Map No. 1000-136-1-37.
more
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Location proposed for accessory building is landward of
existing dwelling structure.
FOR FURTHER INFOR/~ATION, PLEASE CONTACT: Linda Kowals~i, 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.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516} 765-1809 ·
December 21,
1984
Mr. Ernest M. Guettinger
950 Oak Street
Cutchogue, NY 11935
Re: Appeal No. 3279
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 inspe~ctor (765-1802
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Suffolk County' Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Commission
N~ YORK STATE DEPAR~,E:.,rl' OF Er.!VIROta,~AL CO~tSERVATIO~I
Regulatory Affairs Unit
RuJldtng 40, SUllY .
Stony Brook, NY 11794
Henry G. 141111sr~s ~
Cee~t sstoner
~0 PE~]T ~ECESSARY - TIDAL.~ETLA~DS ACT
Avg
q..To 0,~1:: 5t
A review has been made of .your oro~osal to: Co~s¢l-oot ~
t-ool ~J,~,~J a'tf,~/,.a to a,~ ~.~.,st,'~
.a~ -bid,,/
L~atton: qGo Oa~
It has been determined that no permtt ts necessar~ under Arttcle 25
(Tidal ~etlands)~6l,
However, an~ additional work or modlftcattons to the project may requtre
a permtt. It ts you~ responsibility to notify thts office tn wrlttn§ tf such
additional work or modifications are contemplated.
Assumtng you have obtatned any other applicable permtts, you may proceed
wtth your pro~ect.
Very truly yours,
L/ .qantel ,.1. Larktn
ReCnal Permit Administrator
OJL:RNT:ll
Legal-Notices
LEGAL NOTICE
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town I.~w and the Provisions of
the Amended Code of the Towh
of Southold, the following public
hearings will be held at the
Southold Town Hall, Main Road,
Southold, NY by the Soutlmld
Town Board of Appeals at a Reg-
ular Meeting on THURSDAY,
NOVEMBER 29, 19~4, com-
mencing at 7:30 p.m. and as fol-
lows:
~ 7:30 p.m. Application of ER-
NEST GUErrlNGER, 950 Oak
Street, Cutchogue, NY for a
Variance to the Zoning Ordi-
, nance, Article IH, Section 100.32
i for permission to construct addi>
ltion to accessory garage located
in the frontyard area with a
duced sideyard setback, premises
identified as County Tax Map
Parcel No. 1000-1384)1-37; 950
Oak Street, Cutchngue, NY.
7:35 p.m. Application fo
JOHN AND MARILY~
FLYNN, c/o G. Strang, Box 1412
Southold, NY for a Variance
the Zoning Ordinance, Article
IH, ,Section 100-32 for permission
to retain existing frontyard ]oca-
tion of a concrete block structure
as a storage building, accessory
to a proposed single-family resi-
dence, premises identified as
County Tax Map Parcel No.
1000-111-12-1; 2250 Little
Peconic Bay Boulevard (a/k/a
5650 Nassau Pt. Rd.), Nassa~
Point Subdivision Part of Lot 142
and 143, Cutchogue, NY.
7:40 p.m. Application of
ALFRED AND BARBARA Di-
NUNZIO, 6 Glenn Road, South-
old, NY for a Variance for ap-
provai of access, New York Town
Law, Socti6n 280-A concerning
right-of-way located off the east
side of Wells Road, Peconic, NY;
to premises identified as County
Tax Map Parcel No. 1000-75-06-
001.
7:50 p.m. Application for
JOSEPH GRASSO, c/o D.
Denis, Route 25, Aquebegue, NY
for a Variance to the Zoning Or-
dinance, Article III, Section 100- ~c
31, Bulk Schedule, for permis-/
sion to construct new one-family
dwelling with an insufficient
frontyard setback at premises Gl lid p. GOEHRINGER,
identified es County Tax Map CHAIRM~
Parcel No. 1000-59-06-003, lo- 1TN8-4700
catod on the North Side of Scund
View Avenue, Southold, NY;
(current owner: A. Milne). ) SS:
8:00 p.m. Application for
JOSEPH GRASSO, c/o D. UFFOLK )
Denis, Route 25, Aquebogue, NY
for a Variance to the Flood Dam. [KAS
age Prevention Law, Ch. 46, for of Graonport, in
permission to utilize area be]ow ~eing duly sworn, says that ha/she is
the mioimum required flood ele-
vation for mechanical equip- ~ of THE SUFFOLK TIMES, a Weekly
ment, at premises identified as ~ublishod at Greenport, in the Town
County Tax Map Parcel No.
1000-59-064)03, North Side of County of Suffolk and State of New
Sound View Avenue, Southold,~D
NY (current owner: A Milne) It the Notice of which tha annexed is
8:05 p.m. Application for py, has been regularly published in
RICHARD W. SLEDJESKI, c/
°LPrice, Esq., 828 Front Street, apar once each waak for ODe
Greenp°rt' NY f°r a Variance te J$$ivaly, commencing on the 8th
the Zoning Ordinance, Article .~mber
XI, Section 100-119.1, for per- 19 8 4
mission to construct fence ex-
ceeding the maximtun four-foot
height requirement, at premises
identified as County Tax Map
Parcel No. 1000-404)2-21; 1040
Homestead Way, Greenport, NY. Principal Clerk
8:10 p.m. Application of GEN-
ERAL WAYNE INN, Bayview
Road, SouthoId, NY for a Vari-
ance to the Zoning Ordinance,
Article III, Section 100-
30(C)[6](O for permission to erec~
directional sign at premises iden-
tiffed as County Tax Map Parcel
No. 1000-69-02-003; corner of
C.R. 48 and Ackerly Pond Lane,
Southold, NY (current owner: S.
Doroski).
8:20 p.m. Application for AN-
THONY PAGOTO, c/o Swim
King Pools, Route 25A, Rocky
Point, NY 11778 for a Variance
to the Zoning Ordinance, Artic e
III, Section 100-32 for permission
to locate inground pool in an area
other than the required
rearyard, at premises identified
as County Tax Map Parcel No.
1000-111-15-part of 1.6 (part of
1.3).
Persons desiring to appear at
the hearing may do so; COmmuni/r
cations in writing in relation
thereto may be filed with our of-
rice before or at this hearing.
Dated: November 2, 1984.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS .
fore me this 8t-.h
~=mber 19B4
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 $outhold, the
following public hearings will
be held at the Southold Town
Hall, Main Road, Southold,
NY by the Southold Town
Board of Appeals at a Regular
Meeting on THURSDAY~ NO
VEMBER 29~ 1984~ commenc-
ing at 7:30 p.m. and as
eRll°ws:
7:30 p.m. Application of
NEST GUETTINGER 950
Oak Street, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Article Ill, Section
100-32 for permission to con*
struct addition to accessory
garage located in the frontyard
area with a reduced sideyard
setback, premises identified as
County Tax Map Parcel No.
1000-136-01-37; 950 ' Oak
~Street, Cutchogue, NY-
7:35 p.m. Application for
JOHN AND MARILYN
FLYIqlq, c/o G. Strang, Box
1412, Southold, NY for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
32 for permission to retain
existing frontyard location of a
concrete block structure as a
storage building, accessory to
a proposed single-family resi-
dence, premises identified as
County Tax Map Parcel No.
1000-111-12-1; 2250 Little Pc-
conic Bay Boulevard (a/k/a
5650 Nassau Pt. Rd.), Nassau
Point Subdivision Part of Lot
142 an~t 143, Cutchogue, NY.
7:40 p.m. Application of
ALFRED AND BARBARA DJ-
NUNZIQ, 6 Glenn Road,
Southold, NY for a Variance
for approval of access, New
York Town Law, Section 280-A
concerning right-of.way locat-
ed off the east side of Wells
Road, Peconic, NY; to premis-
es identified as County Tax
Map Parcel No. 1000-75~06-
001.
7:50 p.m. Application for
JOSEPH GRASSO, c/o D.
Denis, Route 25, Aquebogue,
NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule,
for permission to construct
new one-family dwelling with
an insufficient frontyard set-
back at premises identified as
County Tax Map Parcel No.
1000-59-06-003, located on the
North Side of Sound View
Avenue, Southold, NY; (cur-
rent owner: A. Miine).
8:00 p.m. Application for
JOSEPH GRASSO. c/o D.
Denis, Route 25, Aquebogue,
NY for a Variance to the Flood
Damage Prevention Law, Ch.
46, for permission to utilize
area below the minimum re-
quired flood elevation for
mechanical equipment, at pre-
mises identified as County Tax
Map Parcel No. 1000-59-06.
003, North Side of Sound View
Avenue, Southold, NY (cur-
rent owner: A. Milne).
8:05 p.m. Application for
RICHARD W. SLEDJESKI,
c/o I. Price, Esq., 828 Front
Street, Greenport, NY for a
Variance to the Zoning Ordin-
ance, Article XI, Section 100-
119.1, for permission to con-
struct fence exceeding the
maximum four-foot height re-
quirement at premises identi-
fied as County Tax Map Parcel
No. 1000-40-02-21; 1040
Homestead Way, Greenport,
NY.
8:10 p.m. Application of
GENERAL WAYNE INN, Bay-
view Road, Southold, NY for a
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
30(C)[6](t3 for permission to
erect directional sign at pre-
mises identified as County Tax
Map Parcel No. 1000-69.02-
003; corner of C.R. 48 and
Ackerly Pond Lane, Southold,
NY (current owner: S. Dor-
oski).
8:20 p.m. Application for
ANTHONY PAGOTO, c/o
Swim King Pools, Route 25A,
Rocky Point, NY 11778 for a
Va.riance to the Zoning Ordin-
ance, Article Ill, Section 100-
COUNTY OF SUFFOLK
STATE OF NEV/ YORK
Potricio Wood, being duly sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southotd. in Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
men once each week for ........................... ~ .......... weeks
successively, commencing on the ....................................
Sworn to before me this ................................ day of
............ .......... ,
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
t/ualitied in Suffolk Cou, nty
' '' ' , s,,,, Expires March 30, 19 ~
I~OARD ~F A~PEALS. TOWN OF SOUTHOLD
In the Matter or' the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th/at-k-i~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~Special Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: /~/.3'~~' ~g-~'~ ~',,~//--,~'~' ,,'~'- .~"-~ ~,,9~' ~,~'~/
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ,'~'~//]z~3'/~J ~'~
$. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
signed are Article ~/~ Section _/~ .-
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. (53.6) 76'5-1809.
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.
Petitioner
Post Office Address
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
//?~ i
P 571 423 596
RECEIPT FOR CERTIFIED' MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sen to
Street and No.
P.O., State and ZiP Code
Postage
Ced~hed Fee
Special Delive~ Fee
Restricted Delive~ Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom
~ate, and Address of Delive~
TOTAL Postage and Fees
I
, residin:
, being c
_, deponent n'
~e-named pars{
'nas of said pal
futhold; that s;
t~/.~' ; that
Sworn to bej~ore me this
dayof._ ~-~/~cea/- ,q9 ~,~-,
~--~ Notary Public
ELIZABETH
I'ARY PUBLIC, ~ d Ilel~ qhdl
,~o. 52-812MM, ~
Term EXldlgs ~ II, ~
P 571 423 595
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Street and o.~
P.O., State and ZIP Code
Postage
Certified Fee
Special Delive~ Fee
Restricted Delive~ Fee
Return Receipt Showing
to whom and Date Delivered
Return r~eipt showing to w~m,
Date, and Address of Delive~
TOTAL Postage and Fees
Postmark or Dat~~
¢// day
:he re-
ire
vn on
Post Of-
ons by
JUDITH T. TERRY
TOWN CLERK
R[GISTRAR OI' VIRAL SI ,\ I IS 1 ICS
OFFICEOFTHETOWNCLERK
TOWN OF SOUTHOLD
August 7, 1984
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To:
From:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning ~ppeal No. 3279 application of Ernest M.
Guettinger for a variance. Also included is notification to adjacent
property owners; Short Environmental Assessment Form; Letter relative to
N.Y.S. Tidal Wetlands; Notice of Disapproval from the Building Department;
and survey.
Southold Town Clerk
The ~,Y,S, [nv~romilental Quali[y [{(:view Act requi[~.~s
misston of this~rm, and dn er~vir'on,.enLal view will
made by this bo~'d before any action s
~ub-
be
SHORT ENVIRO,~,'.ENT.%~ ,A$SESS,~.TENT
(a) In order to answer the questions in this short EAr is is assu-~-ed that the
preparer will use currently available infor?~%%lon concernin~ the ~roJsct and the
l~ely ~c%s of the action. I~ is not e~ec%ed
(b) If any quos%ion ha~ been answered Yes the project
completed Enviro~en%al Assessment FO~ i~ neces~arz.
(c) If all questions hav~ been answered
.nc~ significant.
(d) ~-nvircrnental Aseees.ment
1. Will project result in a large physical chmnge
to the project site or Dhystcally alter more
t~n 10 acres of land? · · · · · · · . · . ·
2. Will there be a major change to any unique or
unusual land form found on the site? , , .
10.
11.
12.
13.
Will project alter or have I large effect on
an existing body of water? · · · , . e
Will project have a potentially large impac~ on
~roundw~ter quality? . . . , . , . ·
Will project significantly effect drainage fl~w
Will project affect any threatened or endangered
Will project result in a major adverse effect on
Will project have a major effect on visual chaD-
actor of the oo:munity or scenic views or vistas
known to be important to the ¢om.~unity? · ·
Will project adversely im. pact any site or struck-
ute of historic~ pre-historic~ or paleontological
importance or any site designated as a critical
environmental area by a local agency? . · ·
Will project have a major effect on existing or
Will project result in major traffic problems or
Will project regularly cause objectionable odors,
noise, glare, vibration, or eleetr!¢al disturb-
ance a~ ~ result of the project's operation? ,
Will project have any impact on public health or
Will project &fleet the existing community by
directly causing a ~rowth In permanent popu~a-
tlon of more than 5 percent over a one--year
period ~ have a major negative effect on
~s there public contrivers7 concernzn~ the pro~cct?
Yes ~/ No
Yes ~/ No
Yes v/ No
Yes v/ No
Yes ~/ No
Yes v/ No
Yes v/ No
Yes ~/ ~o
Yes .~/ No
Yes ~/ No
Yes , / No
Yes ~ No
QUEST!ONNAIRE 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 Envi,-onmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony ~3rook, NY 11794, (tel. 516-75~.-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.~3.A. application.
[ ] I.
[ ]
I ] 3.
[~l 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 waterfrbnt or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates ray property from this environmental
area:
I I
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' fronl the landward ~dge 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 photograpi~s 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 l_aw and to
prevent any unnecessary delays in processing your application(s).