HomeMy WebLinkAbout2914 8 7f57 8i--~ ~
8000 S~ ~e~ C~o~og~e
~educe land area for existing marina by divid,
ing premises ~into two parcels, one as a marina
and one for residential use, each having insuff
uPland area.
104-8-2.1
Z
CUTCI:-IO~UE; L, I., F4E-\V "/0~t4 u~s
5CAL;,o 4o'= I'
..?¢o.&~ ff-:£; = f',
3
O~J'
Unauthorized alteration m addition to thtl m,'wW Ii eMMa-
tion of ssetion 7209 of the New York State EG~fOn L~w.
Copie~ of lf~io .untV mai) nM bearing the Ionci lunmyer'a
v~ oW/.
Oumlnto~' ¢lel~11~lM]one ind~ated hereon shMI run only
to the W far whom Ute survey is prepared, and on his
behalf to l~e title comflafly, governmental agency and ion-
ding Ir4VJlu~M1 ll~ed hereon, and to the assignees of the
leading MMlfution. Guarantees or certifications are not
I~ileMI1VaM to addritional inat~utions or subsequent ownar~
AREAS
MARINA
TOTAL AREA ~ 7'2,3~5 S@. FT.
BUILDING LOT
TOTAL ~RE~ : 4~,~48 SD. FT.
WATER
LAND AREA *~3,48~
~ VENUE
MARINA
1000-104- 08-2.1 ~ 2.3
CONTOUR LINE A/VD ELEVATIONS aRE REFffRE/VCEo TO U.S.C& G. DATUM
MAP OF PROPERTY
NORMAN C. BOOS
,aT EXIST CUTCHO~UE
TOWN OF SOUT'NOLD
SUFFOLK COUNTYt N.Y.
SCALE: I"=/00'
XIUG. 19, 1981
OCT. 15, 1981
LAND SURVEYOR
N.Y.$. LIC. NO. ,e7~6
RIVEItHEADI N.Y.
144.63'
N. 85e 45' 00~'
Unaulborized altemt~o¢~ or addition to this su~ey is o violation of
section 7209 of the New yor~. State Education Low.
Copies of this survey map not bearing the land sunmyor's inked
s~al or embossed seo~ shall not be considered Io be a valid copy.
Guarantees or cert,ficohons mdmated hereon shall run only to the
person for whom the sur~cy is prepared, and on his behalf to the
title compc~ny, governmental agency and lending institution listed
hereon, and to the assigne~s o~ the lending institution. Guarantees
or certifications ore not transferable to additional institutions o~
~bsequent ow~er~
BUILDING AREA
CHA N NEL
N. 87e 26' $0'* V/.
MA P OF
8t:?OADWATEF~S COVE MARINA
AT CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
SCALE; I"= 40'
OCT. 22, 1975
JUNE 9, 19 78
~ L~N~ $~¥~
N.~S. LIC.
RI VERHEA D, l~l. Y, ,
NIiNCY GRAt,IAM
MARINA
N,QNCy GR,6/~M ,'
BROADWATERS
?-,/:- ?'~-
COVE MARINA
~,C~L_~:
HENRY E. RAYNOR. Jr..CDairman
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
April 28, 1982
Mr. Stephen F. Griffipg, Jr.
Attorney at Law ~
120 Court Street
Riverhead, New York 11901
Re: Norman C. Boos
Dear Mr. Griffing:
At a regular meeting of the Southold Town Planning Board, Monday,
April 26, the following action was taken:
RESOLVED that the Southold Town Planning Board deny without preju-
dice approval of the sketch map entitled Norman C. Boos, located
at East Cutchogue, dated August 19, 1981, as the property is under
40,000 square feet and dual use of the westerly lot is not permit-
~ed under Subdivision Regulations for an A-Residential Zone.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
cc: Board of Appealsv/
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
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:
_~ Variance from the Zoning Code, Article III ~n
v 100-51
Variance from Determination of Southold Town
Building Inspector
~ Special Exception, Article , Section
Special Permit
Appeal No.: 2914 Applicant: Norman C. Boos
Location of Affected Land: South Side of Sk%~r~k Lane, Cutchogue
County Tax Map Item No.: 1000- 104-8-2.1
Within 500 feet of:
-- Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary) Br~&dwaters Cove
__ State or County Road, Parkway, Highway, Thruway
__ Boundary of Existing or Proposed County, State or Federally-
Owned Land
__ Boundary of Existing or Proposed County,
or Other Recreation Area
__ Existing or Proposed Right-of-Way of Any
Channel Owned by the County or for Which The
lished Channel Lines,
State or Federal Park
Stream or Drainage
County Has Estab-
or
Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS:. Applicant is requesting permission to reduce land area for exist-
ing marina Dy dividing premises into two parcels, each with insufficient
u~l~d urea. Planning ~oar~ letter ~ated 4/28/82 and relative documents
a~e =~,ulu~=d for yvur perusal.
Copies of Town file and related documents enclosed herewith for your
review.
Dated: June 10, 1982.
Secretary, Board of Appeals
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To~Z~. ,.~.7~
. ./. ~.o.....CTo..o...~z.... 5'T.. ...........
PLEASE TAKE NOTICE that yom ~vv,l,ati,.n/dated ........
for permit to c-~nst-m~t..'~1~./g;?.~-...~/'~:7~'~/~-'~ ................................ at
Location of Property ZOOQ . ~J~Z..~'. ........ ~9~..~
~ouse ~o. ' .... Street ' / fHamldt
County Tax Map No. 1000 Section ... {O.~ ..... Block .. O.~ ....... Lot ~'./ .....
Subdivision ~ Filed Map No. -~- Lot No.
is returned herewith and disapproved on the following grounds . .~t~..o~.O
Building Inspector
RV 1/80
eTOWN OF $OUTHOLD, NEW YORK9
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.....
I, (~ ..NOPJCMt..C~..BO0S ................................... of ...... 1...~e..d.~.£..~..~t~R.~ ..........................................
Name of Appellant Street and Number
Municipality
...~....]..1.Z~.I~ ....... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED . .J...~./...~....~..Z..?/ .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
NOP, NAN C. BOOS
Name of Applicant for permit
of
1 Cedar Street, Massap. e.qua, NY 11758
Street and Number Municipality State
(X) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY S/S Bay Avenue, Cutchogue A Residential & Agricultural
Street Use District on Zoning Map
....10.0.0/..1.0.~./.l~.Z,.1...&..2,.~ ...................................
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
s~jna~d Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Arttcle III- T00.3~r Lot Areas
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (ll~ll~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the r~ason that AIr~e of land under water shouJd be JRcluded ~n
~ot area since owner has tttle to lands under water tn bed of man made
dredged canal.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because dental would prevent a lawful use tn A Residential and
Agr~cultura~ Districts.
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 property ts dtvtded by a dredged
~nlet and tttle to land under ~ater remains property of applicant and
therefore, should be counted as p~rt of lot area.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because d~v~s~0n 0f. pr0pet~y Ir'educes stze of'
pre-existing non-conf.onn~ng Martna Use and adds a residential lot.
Sworn to this ......~.d. ................................ day of..Q~:~.e~'~.H....?.:...B...~.(........'~.. ..... 19 81
Notary Public
CYNTHIA GANNON
NOTAtlY PUBLIC, Stole of New York
No. 52-4508729
Qualified in Suffolk CountY9~'~ /u~
Commission Expires March 30, ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ....... ~.~...../......~., 19. Z~..~
Approved ............... .'.: ............... !....~Z'.., 19 ........ Permit No.
Disapproved a/c ....................................................................
APPLICATION FOR BUILDIN/G PERMIT
/
Date ................ ....... ,
INSTRUCTIONS
a. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building
Inspector, with 3 sets of plans, accurate plat plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval af this application, the Building Inspector will issue a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or a~terations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in buildings for necessary inspections.
(Signature of applicant, or name, if a corporation)
(Address of applicant) ~//~ ~'3~'*''~
State whether applicant Js owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.~
Nome of owner of premises ....................................................................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ...... ~~ .............
Plumber's License No .................................................
Electrician's License No .............................................
Other Trade's License No ...............................................
1.
Location of land on whicb,.c~.14~.x~.pr°p°sed work~ ,-' ~ ,,~x )"~ '~fwil'l be done. M~p No.: ........................................ ~,~~M///L°t No .......................
' ~ ~ ' ~ ' t~ ~'~'~ ' '
Street and Number ........ :~.....~.~..~.~.......~. ....................~~..:~....~,., .......
~ O' ~' Mumc~~ 'pali~
State existing use and occupancy of premises and intended use and occupancy of pr~osed const~ction:
.. ,.,,,,,, .se ...... ...... ....... . ...............
3. Nature of work (check which applicable): New Building'. ................. Addition .................. Alteration .., ...... ~ ......
Repair .................. Removal .................. Demolition .................... Other Work ....................................................
(Description)
4. Estimated Cost ............................................................ Fee ..........................................................................................
(to be paid on filing this application)
S. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................
If garage, number of cars ..................................... '. .......................................................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each t,/pe of use ............................
7. Dimensions of existing structures, if any: Front ............................ Rear ................................Depth ....................
Height ........................ Number of Stories .................................................................................................................
Dimensions of same structure with alterations or additions: Front .................................... Rear ............................
Depth ................................ Height ............................Number of Stories ................................
8. Dimensions of entire new construction: Front ............... I..~.~.. ............... Rear ]..~.. . .. Depth ....... .~....~. .........
Height .................... Number of Stories ..................................................................................................................
............ ; ......... ....
12. Dces proposed construction violate any zoning law, ordinance or regulation: .~....~ .......................................
13. Will lot be regraded ....~. ............. Will e~cess fill be removed from Rre~ises: ( ) Yes (
, .
'4. h, ame of ~ner of premises ~¢.~__ Addre~ ~hone No~_.--.........-.....
Name of Architect .......... ;; .................................................. Address ................................Phone No .......................
Nome of Contractor ~-~ .............................. Address ................................Phone No .......................
PLOT DIAG~M
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-~ck dimensions from
prope~y lines. Give street and block number or description according to deed, and show street names and indicate
whether interior or corner lot _- ~ ~ ~'
STATE OF N~iYO~K, ;~ [ ~ c S
COUNTY O~/~~.,;....~'
.................... LL~..~.(~~ ......................... ~.,~0 ~u,~ ~wor.. ~.~o~es ~.~ s~s ,~ ~e
' (Name Df individual signing contrac~
above named.
H~ is t~e ..................................... ~~ ~ ....................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or Have performed the said work and to ~ke and file
this application; that all statements contained in this application are true to the best of his knowledge and belief; and
that the work will be performed in the manner set fodh in the application filed therewith.
Sworn to be~ore me this
........................ ............................................ ........
Nota~ Public, .~. :.
~~;~~t ~': " ............................ ~/r,~ . .~)~ ............... ~....~//Co~n~ ~..... ......... {~gr , of opplicont) " ~''
March 15, 1963
Mr Angelo Petrucci
bay Ave
Cutchogue, ~.Y.
Dear Sirs
I have discussed the possibility of your building a
garage to house some of your equipment on your "non-conforming,
lot S/S Bay Ave~ Cutchogue~ with the Board of Appeals.
It is their opinion that you will have to apply for a
variance to Article III, section 300 in order to get a permit to build
such a building.
Enclosed are a~Jpllcntious for a building permit and forms
to apply for a variance to the Board of Appeals.
Trusting this will be helpful to you.
Yours truly
B~ilding IuspectO~
IHSTP, UCI IOHS:
-- "--~) l~ order to answer the questions in this short EAF it is assumed
that the preparer Ydll use. currently available infor~:Joi$on concerning the
project and ti~e liT:ely impccls of lhe action. It is not expected that
additional studie~, research or other iavestigotions will be undertaken.
(b) If any question has bean ons',~cred Yes ibc project may be
~ign/~icant and o completed [invirm~aen~al Assessment Form is necessary.
(c) If ell questions hove been ~nswered No ii is likely that this
pro~ect is not significant.
(dj Environmental
1.
4.
5.
7.
8.
10.
11.
12.
13.
14.
15.
PREPARER'S S1
REPRESENTING
~'J~-~ project zesu±'~-L--in o large physical change
to the project site or physically al~er more
t}mn ~0 acre~ of land? ........................ Yes x No
Will there be a ma~or change to any unique
-unusual land fo~m found on the site? .......... Yes x No
Will pro~ec¢ alter or have a lar9e cf fleet on
existing body of water? ....................... .... ~Yes- ~
Will p:-ojeci have a potentially large impact
Yes ' No
on groundwater quality? ....................... x
~','~ pro~ect significantly effect drainage
flow on ~d)ocent sites? ........................ Yes x No.
Will pro~ec[ affect any ~hreotenad or
endangered plant or animal species? ........... .. Yes x No
aoversc elf eat
Will pzo~ec~ result in o ma~or
on air quality? Yesx No
Will project have o meier effect on visual
character of the commuaity or scenic views
vis'res known to'be important to the community?, Yesx [qo
Will project odver:~cly imlmc[ on/ site or .'
structure of historic, prehistoric or
poleonlo].ogicol f. mpo~ lance or any ~it.e
designalcd os o c~iticcl environmental area
by o local agency? ............ ~:...-..,..~.....v.~..~-. Yesx No
Will projecl hove o major effcc~ on exisiih9
or fu'turc recreotiona] opportuniiies? ......... Yesx
Will project result in .major traffic problems ''
or. cause a major effect ia existing
tronsportotlon s>,s't~:rns? ....................... Yes x No
Wilt pro)ecl regularly cause objectionable
odors~ noise, 91are~ vibrotion~ or electrical
disturbance os o result of the project's
opezotiorJ~ Yes x No
Will project have any impact on public health ' "
or safety~ Yes x No
Will project affect the exlsling community by
direclly causing o growth in permtmant
populolion oF more then 5 percept over o one
year period o~ have a major negative effect
on the character oF the community or
neighborhood? Yes x No
Is there pubx~ic controve
project?..
uo~^~ ¢. ~oos
;y
~ff ning the
;Q.
¥ c s_~__N o
DATE October 22. lggl ..
October 22, 1981
(Today's Date)
To:
Re:
Southold Town Board of Appeals
:.lain Road
Southo!d, NY 11971
Appeal Application of NORMAN C. 8005
Location of Property: $/$ Bay Avenue, Cutch0que, NY
Iax MaD ]000/]04/08/2.] & 2.3
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
Ix]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead .less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
[ ]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
not appear
[Starred items (*) indicate your property does
to fall within the jurisd~tion of the N.Y.S.D.E.C.]
S i~erely// you~/
/ (~[gn ~re p
For Norman C. Boos ! /
CARD
6FST. SUB.
LOT j __
ACR .... j -
TYPE OF BUILDING
LAND
~70o
;FAS.
IMP.
TOTAL
DATE
I BUILDING CONDITION
NEW ! NORMAL BELOW ABOVI
FARM i Acre Value Per V~lu~
Acre
Tillable
House Plot i ~_ _ _
-.~ , DOCK
' BULKHEAD
TRIM
COLOR
M. Bldg.
£xtension
Extension
Porch
Porch
Breezeway
Garage
Patio
Total
__-- Dinette
~ Both
Foundation K.
Floors
---~, Basement ~__ LR.
__ --~ Interior Finish --
Ext. Wails '
, Heat ~ --
Place
Fire BR.
Type Roof FIN. B
~- Rooms 2nd Floor __
Recreation Rooml
- -- Driveway
LAND I IMP. I TOTAL
RECORD CARD
DISTRICT SUB. LOT
TYPE OF BUILDING
DATE ~REMARKS
Form j Acre ~ Volu, Per Acre ~ Volue
~ ~ ~ /~ ~ -~ .............................
Wcodlond [ / ~ i ' ~ ................
Sw~mplond ~ ......... ~ ...................................
Brushtond '-
'~ouse Plot
M. Bldg.
Both
Floors
Extension
Extension Interior Finish
He~t
Porch Attic
Porch Rooms ]st Floor
Extension
Br. eezewoy
Foundation
Basement
Ext. Walls
Fire Place
Patio
Driveway
Garage !
Rooms 2nd Floor
OWNER Dj_ST.] J SUB. LOT
TYPE OF BUILDING
~/~t~/ ~ · ':/"' ~'".'/''
~ES. ~// S~S. VL. ~ FARM COMM. CB, MICS. Mkt. V~lue
~ND IMP. TOTAL DATE R~RKS
/":' : "' 0/:' ,'/- 12/~:
Tillable ~ FRONTAGE ON WATE~
....................... ---=~:~Z-~ ...... --'-' ~ _ ~-'.:.~ :- ~ :'. /'
M~dowland DEPTH
'q~;use Plot ~ ,, BULKHEAD
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
22 July 1982
Mr. Gerald Geohringer
Southold Town Board o
Southold Town Hall
Southold NY 11971
~ppeals
Dear Mr. Geohringer:
In reference to the boards decision o~ July 15th of the Norman
Boos case. Substantial information and documents have been pre-
sented to me, unknown to either the board or myself until now,
by Angelo Petrucci, the former owner. I feel what has been pre-
sented, to me, is sufficient enough to warrant a review of this
case. I would appreciate your arranging such a review, with the
Appeals Board at your earliest convenience.
Sincerely yours,
Victor Lessard
Executive Administrator
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E, KOPPELMAN
Town of Southold
Board of Appeals
July 22, 1982
Applicant: Norman C. Boos
Mun. File No.: #2914
S.C.P~D. File No.: SD-82-7
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
Comments: Appears inappropriate as sufficient information has not been sub-
mitted to demonstrate compliance with applicable variance criteria.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner_
· 11788
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHA]RMAN
CHARLES GRIGONI$,JR.
SERGE DOYEN, JR.
ROBERTJ. OOUGLASS
JOSEPH R. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 r~OIJTHOLD, L.h, N.Y. 11971
TELEPHONE (516) 765-1809
June 19, 1982
Stephen F. Griffing,
120 Court Street
Riverhead, NY 11901
Jr. , Esq.
Re: Appeal No. 2914 - Norman C. Boos
Dear Mr. Griffing:
On June 16, 1982 the enclosed correspondence was
received from the Suffolk County Planning Commission upon
receipt of this board's referral to them pursuant to the
requirements of the Suffolk County Charter.
At your earliest convenience, please submit a sketch
indicating the number of boat slips and available parking
spaces (at 350 square feet) on the parcel to be used solely
for marina purposes.
If you have any questions, please do not hesitate to
call our office.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHARWOMAN ! ·
Secretary
EsL 1950
Days: 433-0010
Evenin8s: 541,-4604
Igraa#watars da a ari a
BAY AVENUE (Skunk Lane), CUTCHOGUE, L. L, N. Y. 11935
Secluded Dockage with Electricity
Mailing Address:
Norman C. Bo(~
I Cedar St., Massapequa, N. Y. 11758
Juiy 14, 1982
Southold Town Board of Appeals
Main Road - State Rd. 25
Southold, NY 11971
Attn: Gerard P. Goehringer,
Chairman
Dear Mr. Goehringer;
Re: County of Suffolk
Dept. of Planning
Norman C. Boos
~2914
In accordance with your request dated June 16, 1982, en-
closed please find sketch showing entire property, pro-
posed division line and further indicating both the
marina slips and parking allocated.for same. (43 spaces).
As of this date, the most parking we have had at the
marina at any one time is 20 vehicles.
Hoping this enclosure will meet with your requirements.
If you have any questions, please do not hesitate to call.
Cordially,
~Norman C. Boos
cc: Stephen L.
ene.
Griffing Atty.
Building Dept.
Plannir~ Boar4 ....
Applioan%
cop7 to
OriEinal for ZBA ~lle :~.~
WE ARE NOT TO BE HELD RESPONSIBLE FOR INCLEMENT WEATHER, THEFT, FIRE, ACCIDENTS
OR OTHER CONTINGENCIES BEYOND OUR CONTROL,
BROAD~¥ATERS COVE
APPEAL NO. 2914
NORMAN C. BOOS
This is an appeal for a variance of Section 100-31 and Section 100-51 of the
Zoning Code to set-off a dwelling parcel of land and thus reduce the area require-
ments of an existing marina located on the south side of Bay Avenue, adjacent to
Broadwater Cove at Cutchogue, New York.
The premises contain a total area of 117, 871 square feet. However, the
premises had been dredged to create a boat marina and an area of 47, 364 square
feet of the premises is underwater land. There is a total of 70, 507 square feet of
land above water. The premises is located in the "A" Residential and Agricultural
District in which marinas are not permitted. The marina was in existence prior
to the enactment of the Zoning Code and is thus a nonconforming use.
Appellant proposes to set-off 45,546 square feet of the easterly portion of
the premises and construct a dwelling thereon. The proposed dwelling lot will
have a total area of 45, 546 square feet of which 12, 064 square feet is underwater
and 33,482 square feet is upland.
The Bulk Schedule forming a part of the Zoning Code requires a minimum lot
size of 40, 000 square feet for a dwelling in the "A" District, and a minimum lot
area of 80, 000 square feet for a marina in the "M-i" General Multiple Residence
District (the highest use district in which marinas are permitted use).
In a letter of this Board to Appellant's predecessor in title, dated June 1,
1978 (offered in evidence at the hearing of this appeal by Appellant's attorney), the
ex-tent of the marina use at the date of said letter was for the docking of not more
than 35 noncommercial boats.
It is the position of Appellant that in determining the area of the property,
the land underwater should be included in calculating the lot area of the marina
parcel as well as the dwelling lot sought to be set-off from the marina parcel.
Under such a view, the marina would have a lot area of 72,325 square feet and the
resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the
bulk requirements, but the marina parcel would have approximately 90% of the
required area.
If only the upland area were to be included in determining the area of both
parcels, the dwelling lot would be 84% of the minimum required lot size and the
marina parcel would have 46% of the required lot size. If only upland is used to
determine the required area, the entire parcel has an upland area of 70, 507 square
feet or 88% of the area required for a marina use.
It has been the practice of this Board in determining the area of a lot adja-
cent to tidal waters to include only the upland in determining the area of the lot.
The Board believes that such practice should be followed in this case. The area
of the upland is important in this case since the premises are utilized as a non-
conforming marina for 35 boats and will require substantial upland area for parking
and other marina related uses.
Since the Appellant is requesting an area variance, it is incumbent upon
him to demonstrate that strict compliance with the Zoning Code will result in
practical difficulties.
At the hearing, the only evidence presented on the issue of economic hard-
ship was Appellant's attorney statement that "the division of the lots into a residen-
tial and a marina ..... would undoubtedly produce a great deal more money in the
event of sale."
The only other evidence presented was Appellant's staternent that "The
reason for dividing this land is strictly for liability. I wish to build a house there
and live there, and I'd like it separated from the marina strictly for liability pur-
poses. I have no intention of selling it. I would like to live there".
The Appellant has failed to demonstrate that strict compliance with the
Zoning Code would result in practical difficulties and, accordingly, the variance
is denied.
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 SOUTHEILD, L.I., N.Y. 11CJ?l
TELEPHONE (516) 765-1809
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 public hearings will be held by
the Southold Town Board of Appeals at the Town Hall, Main Road,
Southold, NY on Tuesday, August 17, 1982 commencing at 7:30 p.m.
and as follows:
7:30 p.m. Recessed hearing. North Fork Bank & Trust Company.
Drive~in Facility reducing frontyard setback at Mattituck Shopping
Center.
7:35 p.m. Application of ANN O'SULLIVAN, 144 Colonial Springs
Road, Wheatley Heights, NY 11798 for a Variance to the Zoning Ordi-
nance, Article III, Section 100-32 for permission to construct
accessory building in an area other than the required rearyard at 5692
Main Bayview Road, Southold, NY; bounded north by Breslin; west by
Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale;
County Tax Map Parcel No. 1000-78-4-41.
7:40 p.m. Application of ALFRED and SUSAN STRETZ, by Environment
East Inc., 3075 Indian Neck Lane, Peconic, NY 11958, for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission to
construct deck with insufficient rear and side yards at 555 Mill Creek
Drive, Southold, NY; bounded north by Cassidy; west by Mill Creek Drive;
south by Egan; east by Hashamomuck Pond; County Tax Map Parcel No.
1000-135-3-32.
Legal Notice of Hearings - Page 2
Southold Town Board of Appeals
August 17, 1982 Regular Meeting Date
7:45 p.m. Application of FLORENCE JOHNNIDIS, 800 Sound Beach Drive,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32, and Article XIV, Section 100-141, for approval of the
construction of an accessory building in the frontyard area at 800 Sound
Beach Drive, Mattituck, NY; bounded north by L.I. Sound; west by Kousouros;
south by Sound Beach Drive; east by White; County Tax Map Parcel No.
1000-99-01-009.
BOO8:00 p.m. REHEARING in the matter of the for NO~ C_~. ~
application
S, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr.,/
Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31/
and Article V, Section 100-51 for permission to reduce land area for ~
existing marina by dividing premises into two parcels, one as a marina ~
and one for residential use, each having insufficient upland area.
Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane),
Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by
Gross; east by Hochbauer; more particularly identified as Suffolk County
TaxMap District 1000, Section 104; Block
8,
Lot
2.1.
Dated: July 29, 1982. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda F. Kowalski, Secretary
x
Instructions to newspapers: Please publish once, to wit, August 5, 1982
and forward one affidavit of publication to: Board of Appeals, Main Road,
Southold, NY 11971 on or before August 10, 1982.
x
Copies to the following on or about 8/2/82:
Abigail A. Wickham, Esq., attorney for NFBTC, Main Road, Mattituck, NY 11952
Mrs. Ann O'Sullivan, 144 Colonial Springs Rd., Wheatley Heights, NY 11798
Mr. and Mrs. Alfred Stretz, c/o Environment East Inc., 3075 Indian Neck Lane,
Peconic, NY 11958
Mrs. Florence Johnnidis, 800 Sound Beach Drive, Mattituck, NY 11952
Stephen F. Griffing, Jr., Esq., attorney for N.C. Boos
Mr. and Mrs. Norman C. Boos, One Cedar Street, Massapequa, NY 11758
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
NORMAN C. BOOS :
to the Board of Appeals of the Town of Southold :
TO:
Cutchogue New Suffolk Park District
Nassau Point Causeway Association
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ($1~k~*,~:l~lae~i~lkRe~0~it~ (the following relief:
_~ to divide premises into two (2) lots. ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: S/s Bay Avenue. Cutchogue
Tax Map #1000/104/08/2.!
3. That the property which is the subject of such Petition is located in the following zoning district:
g Residential and gqricultural
4. That by such Petition, the undersigned will request the following relief: reduce size of
non-conforming Marina and create a buildinq Plot for a sinale-f~mily residence.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Sect.ton lf}fk31
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) 765~1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such bearing.
Dated: May 24, 1982 .
Petitioner STEPHEN F. GRIFFING, JR., As
Attorney for Norman C. Boos
Post Office Address
120 Court Street, Box 982
Riverhead~ NY 11901
(516) 727-1660
NAME
PROOF OF MAILING OF NOTICE
ATTACH, CERTIFIED MAIL RECEIPTS
ADDRESS
Cutchogue New Suffolk Park District
#P27 3600544
Nassau Point Causeway Association
#P27 360O545
Cutchogue, NY 11935
The following ~ervice is ~quested (check one)
[] Show to whom and date delivem~ .........
[] Show to whom, date, and iddre~s of (~qi~/.
~ R~I~ED DELIVERY
Sh~ to whom and date delive~ .........
~ R~I~ED DELIVERY.
S~w to whom, date, a~ add~ o~ deli
(CONSULT ~S~ASTER FOR
ICLE A :
Cutchogue, NY 11935
u ·
~I have ~ei~d the a~ide d~d a~ve.
[SI~T~ ~ Addle ~ Auld
STATE OF mr.w
COUNTY OF SUFFOLK ) ss.: ....... _
Cynthia Gannon ,residingat 23 Adams Avenue, Miller Place, NY 11764
, being duly sworn, deposes and says that on the 24th day
of May ,19 82 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of-
fice at Ri verhead, NY ; that said Notices were mailed to each of said persons by
(certified) ~legi~ele~nail.
CYNTHIA GANNON '
~IOTARY PUBLIC, State of
No. 52-15747~0
qualified in Suffolk Couq
~mmlssion Expires March
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RI3AD- STATE RI~AD 25 5nUTH[3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
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 matters will be scheduled for public hearings to be held
at the Southold Town Hall, Main Road, Southold, NY on Wednesday,
May 26, 1982, commencing at 7:30 p.m. and as follows:
7:30 p.m. Application of ROBERT AND EILEEN WALL, Montauk Avenue,
Fishers Island, NY 06390 for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to construct detached
two-car garage in the sideyard area. Location of Property:
Southwest Side of Montauk Avenue, Fishers Island; bounded north by
Strunk and Montauk Ave.; east by Kernan & Montauk Ave.; south and
west by Kernan; County Tax Map Parcel No. 1000-10-8-13.
7:35 p.m. Application of ROBERT W. GILLISPIE, JR., 15345 Main
Road, East Marion, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-35 for permission to increase fenced area around
frontyard pool to a height exceeding the maximum-permitted four feet.
Location of Property: 15345 Main Road, East Marion; bounded north
by L.I. Sound; east by Swick & Woglom; south by Main Road; west by
Gillispie; County Tax Map Parcel No. 1000-23-1-5.
7:40 p.m. Application of ERNEST E. WILSBERG, by Richard J.
Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for approval of insufficient
area and road frontage of two parcels located at Ole Jule Lane,
Mattituck; bounded north by OleJule Lane; west by Hunt and others;
south by OleJule Lane; east by Wilsberg; County Tax Map Parcels
No. 1000-122-5-12 and 13.
7:45 p.m. Application of the ESTATE OF ANN DONAHUE, by
Madeline J. Heinisch, 86 Beverly Drive. Albertson~ NY 11507~ for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to construct addition to dwelling with an insufficient
frontyard setback at 41575 C.R. 48, Southold; bounded north by
Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen;
County Tax Map Parcel No. 1000-59-3-21.
7:50 p.m. Application of JOHN H. & KATHRYN ROSE, 1710 Pike
Street, M~tituck, NY for a Variance to the Zoninq Ordinance,
Article III, Section 100-31 for permission to construct addition
Page 2 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of May 26, 1982
to existing garage reducing the rearyard setback. Location of
Property: 1710 Pike Street, Mattituck, NY; bounded north by
Pike St.; west by Eckert; south by Verme and Pike; east by Zahra;
County Tax Map Parcel No. 1000-140-3-19.
7:55 p.m. Application of Environment East Inc., 3075
Indian Neck Lane, Peconic, NY as agent for LEIGHTON WIGLEY, for
a Variance to New York Town Law, Section 280-a for approval of
access over a private right-of-way located off the north side
of Grand Avenue, Mattituck, NY. Location of Property: 3325
Grand Avenue, Mattituck, NY; bounded north by Black; west by Mat-
tituck Cr=~; south by Ely; east by Black & Ely; County Tax Map
Parcel No. 1000-107-1-12.
8:05 p.m. Application of PETER S. TERRANOVA, Box 77, Peconic,
NY for a Variance to the Zoning Ordinance, Article III, Sections
100-31 and 100-34 for permission to construct deck with insufficient
yard setbacks and exceeding the maximum-permitted lot coverage
requirement at 565 Sound Avenue (a/k/a 1170 Huntington Boulevard),
Peconic, NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654,
Park of Lot #12; and further identified as County Tax Map Parcel
No. 1000-67-2-1.
8:15 p.m. Application of ANTHONY & CARMELA PRISCO, 93 Croyden
Court, Albertson, NY 11507 for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct extension
to existing dwelling reducing the rearyard setback. Location of
Property: 370 Sunset Way, Southold; Cedar Beach Park Filed Subdi-
vision Map 90, Lot 161; further identified as County Tax Map Parcel
No. 1000-91-1-7.
8:20 p.m. Application of ALICE G. LEVIEN, Box 992, Cutchogue
NY for a Variance to the Zoning Ordinance, Article III, Section
100-30A for permission to construct storage building on a vacant lot.
Location of Property: 990 Beebe Drive, Cutchogue; Moose Cove Filed
Subdivision Map 3230, Lot 25; further identified as County Tax Map
Parcel No. 1000-97-7-9.
8:30 p.m. Application of NORTH FORK BANK & TRUST CO., by
Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to
the Zoning Ordinance, Article VII, Section 100-71 for permission to
construct a drive-in banking facility with canopy entending into
the frontyard area. Location of Property: Mattituck Shopping
.Center, Main Road, Mattituck; bounded north by New Bethany Cemetery
Page 3 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of May 26, 1982
Assoc~ation; west by Factory Avenue; south by Ardprop Inc. and Main
Road; east by Main Road; County Tax Map Parcel No. 1000-142-1-26.
8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by
Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for approval
of~insufficient width of two proposed parcels located on the north
side of Main Road, East Marion; bounded north by Jayne & L.I. Sound;
west by Swick & Shikler; south by Nodine and Main Road; east by
Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11.
8:40 p.m. Application of NORMA______~N C__. BOO__S, One Cedar Street,
assapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a
ariance to the Zoning Ordinance, Article III, Section 100-31 and
rticle V, Section 100-51 for permission to reduce land area for ~
existing marina by dividing premises into two parcels, each with ~
insufficient upland area. Location of Proper?y: South Side of
Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, bounded north by
Bay Avenue; west by Cutchogue-New Suffolk Park District and Nassau~
Point Causeway A~sociation; south by Groff; east by Lehmann and
Broadwaters Cove, County Tax Map Parcel No. 1000-104-8-2.1.
Dated: May 15, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secr.
Copies have been furnished to the following on or about May 15, 1982:
Mr. and Mrs. Robert Wall
Mr. Robert W. Giltispie, Jr.
Richard J. Cron, Esq. as attorney for
Mr. Ernest E. Wilsberg
Mr. and Mrs. Jerome E. Bloom
Mrs. Madeline J. Heinisch for the Estate of Ann Donahue
Mr. and Mrs. John H. Rose
Environment East Inc. for Leighton Wigley
Mr. Peter S. Terranova
Mr. and Mrs. Anthony Prisco
Mrs. Alice G. Levien
Abigail A. Wickham, Esq. as attorney for NFBTC
Stephen F. Griffing, Jr., Esq. as attorney for Mr. Norman C~ Boos
Town Clerk Bulletin Board
Supervisor and Members of the Town Board
ZBA individual files
INSTRUCTIONS TO L.I. TRAVELER-WATCHMAN and SUFFOLK TIMES, INC.:
Please publish Thursday, May 20, 1982 and forward 12 affidavit(s) of
publication to: Board of Appeals, Main Road, Southold, NY 11971 on or
before May 25, 1982.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
NORMAN C. BOOS :
to the Board of Appeals of the Town of Southold :
TO: D. P. Brickley
Stephen Gross
Chester Hochbaum & Wife
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ($1aer~akE~ep~ie~.~$pe~iaLl~er-m~.(tbe, f~J~wing, r_eJ~: to di '/i de
premises into two (2) lots.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: $/S 8ay Avenue, Cutcho~]ue
Tax Map #1000/104/08/2.l
3. That the property which is the subject of such Petition is located in the following zoning district:
g Residegti~_! ~-~ a~.,~+ .... ~
4. That by such Petition, the undersigned will request the following relief: reduce size of
non-conforming Marina and create a buildinq plot for a single-family r~irl~n~_
$. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article III SectJ. c~ 100_3]
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) 765--1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers~:ud~ished in the
Town of Southold and designated for the publication of such noti~'~; that you or y~m~r~ repr~ntati~e have the
righttoappearandbeheardatsuchhearing. V~,~,~ /~,~//f \~ / ~
Dated: October 22~ 1981 . //~ ~~
l~titioner//~TEP~ENJ F.
ATTORNEY FOR NORMAN/C,~O0~
Post Office Address L~'
120 Court Street~ Box 982
Riverhead, NY ~lg01
(516) 727-1660
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAILRECEIPT~
ADDRESS
P14
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE MIOVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
Mr. D.~._~P .~ B_~i ck~l e~Y-
STREET AND NO
144__Shoo_re_ Avenu_e_ _
P.O., STATE AND ZIP CODE
Quincy, Mass. 02169
~= RESYRIC~O DELIVERY
~ ~ ~ __ ~ OATEDEUVE~EB
I R,--,......----,
I
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
Cy.~thia Gannon , residing at 23 Adams Av~plue ,
M111 er P1 aCe m NY 11764 , being duly sworn, deposes and Says that on the _ 23rd day
of ~lctnhmr ,19 ~1 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Riverhead ~ NY ; that said Notices were mailed to each of said persons by
(certified) (rA~i~te~xI) mail.
CYN~IA GANNON '
Southold Town B~d of Appeals
1982
ENVIROMENTAL DECLARATION: Appeal No. 2914~ Application
of ~0RMAN C. BOOS. Reduce land area for existing marina.
On motion by Mr
it was
RESOLVED, to declare the folloWing Negative Environmental
Declaration concerning the matter of Norman C, Boos:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason(s):
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: South Side of Bay Avenue, Cutchogue, NY.
Vote of the Board: Ayes:
M~srs. Douglass, Coehringc~,
OCOUNTY OF SUFFOLK
DEPARTMENT Of PLANNING
(516) 360-5513
oard ol ppeal
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
Town of Southold
Board of Appeals
June 14, 1982
Norman C, Boos
#2914
Gentlemen:
Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County
Charter, the above captioned application will not be reviewed because of noncompli-
ance with requirements for notice and maps as stipulated in Informational Bulletin
No. 8 of the Suffolk County Planning Commission. The following information will
only be accepted upon submission through the offices of the municipal referring
agency.
Please indicate the number of boat slips and available parkin~ spaces on that
portion of the premises to be used for marina purposes.
Thank you.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Boar~f Appeals Mae26, 1982 Regular Meeting
PUBLIC HEARING: Appeal No. 2914. Application of NORMAN C.
BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F.
Griffing, Jr., Esq., for a Variance to the Zoning Ordinance,
Article III, Section 100-31 and Article V, Section 100-51 for
permission to reduce land area for existing marina by dividing
premises into two parcels, each with insufficient upland area.
Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk
Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brick-
ley; south by Gross; east by Hochbaur and Broadwaters Cove; County
Tax Map Parcel No. 1000-104-8-2.1.
The Chairman opened the hearing at 8:43 p.m., and read the
application and legal notice of hearing in its entirety.
MR. CHAIRMAN: We have a copy of a survey prepared on
October 15, 1981 indicating the marina. We have total land area
of 72,325 square feet; water area of 35,300 square feet; land
area 37,025 square feet...that's the marina; building lot area
of 45,546 square feet; water area of 12,046 square feet; and
land area of 33,482 square feet. And we have a copy of the Suf-
folk County Tax Map indicating this property and the surrounding
properties in this area. Mr. Griffing, would you like to be
heard on this application?
STEPHEN F. GRIFFING, JR., ESQ.: This application is to
reduce a nonconforming marina, which is lawfully existing
according to this letter I have in the file here, which
defines what uses may be made...I think I gave you a copy of
that, did I?
MR. CHAIRMAN: I'll look.
MR. GRIFFING: I have one here I can give you.
(Reference was made to the June 1, 1978 letter
ex-chairman of this board, Robert W. Gillispie, Jr.
Angelo G. Petrucci.)
from the
to Mr.
MR. GRIFFING: It reduces the nonconforming 2.1 acres,
roughly 92,000 square feet, to 72,000 square feet. We're
creating a building lot with approximate 33,400 square feet
if you exclude the water and I call your attention to the
tax map...most of the lots in the area are 25,000 feet or
less. Most of them are 100-footers rather than 150' frontage.
And it certainly will not change the character of the neigh-
borhood. We have all the approvals from the D.E.C., Suffolk
County Health Department and everybody else. This is a letter
that I referred to about the marina being a lawful marina even
though it's nonconforming.
MR. CHAIRMAN: We have them i~ the prior file.
MR. GRIFFING: And of course there would be financial
hardship if Mr. Boos were not able to do this...the division
of the lots into a residential and a marina...would undoubtedly
produce a great deal more money in the event of sale. We feel
it would be beneficial for the town to put down the nonconforming
Southold Town Boal~of Appeals y 26, 1982 Reg. Mtg.
(Appeal No. 2914 - Norman C. Boos, continued:)
MR. GRIFFING continued:
use and put a building plot on the tax roles. That's substan-
tially my cases...so in fact it won't have any effect on anybody
at all.
MR. CHAIRMAN: Thank you. Is there anybody else that would
like to speak in behalf of the application?
NORMAN C. BOOS: Yes, I'm Norman Boos. The reason for
dividing this land is strictly for liability. I wish to build
a house there and live there, and I'd like it separated from
the marina strictly for liability purposes. I have no inten-
tions of selling it. I would like to live there.
MR. CHAIRMAN: Thank you very much. Is there anybody else
that would like to speak in behalf of the application? Anybody
like to speak against the application?
WILLIAM PETERS, PRESIDENT, NASSAU FARMS ASSOCIATION: I'm
not sure I want to speak against it .... I want to speak. My name
is William Peters and I'm President of the Nassau Farms Associa-
tion. Mr. Boos' property is part of our belly-wig. I think
the description here is wrong...you have east and west mixed up.
Number one. And Number two, there's a piece of property east
of yours...
MR~ BOOS: East of mine, yes, belongs to somebody else.
MR. PETERS: Which is not described here.
MR. BOOS: There's another piece of property east of me.
Hochbauer. Yes. It used to be Wenk. And the west of me is
not the Park District, but Brickley. The park district is not
by us at all. As far as the tax maps are concerned.
MR.
correct,
CHAIRMAN: Concerning the tax map numbers, that is
that is the reason we have the dual numbers there.
MR. BOOS: I don't understand that.
MR. CHAIRMAN:
MR. GRIFFING:
far as I know.
Well you wouldn't unless you have a tax map.
We gave service on everybody all around as
MR. PETERS: Ok, I'm still not speaking against it. It
was, we had on the survey, you were going to build a house on
that property.
MR. BOOS: That's the whole intention of mine on this lot.
MR. PETERS: Yeah. All right. I have no further comments.
Southold Town Boa~of Appeals May~, 1982 Reg. Mtg.
(Appeal No. 2914 - Norman C. Boos, continued:)
MR. CHAIRMAN: Is there anybody else that would like to
speak either for or against? Any questions from any board
members? {None)
SHIRLEY BACHRACH: I have a question...is
MR. BOOS: No,
MR. CHAIRMAN:
MR. GRIFFING:
MR. CHAIRMAN:
MR. GRIFFING:
MR. CHAIRMuAN:
Do you have to place your well on the existing site?
that Mud Creek?
it's not.
It's basically Broadwaters Cove.
A man-made extension of the Code.
Right.
The Petrucci's dredged that, I think.
Can I ask you a question, Mr. Boos?
MR. CHAIRMAN: Under the road.
MR. BOOS: In and approved, it's under the water. I have
three lines coming into the property. My septic tank and pools
are in and approved. They were in and approved before I bought
the property.
MRS. BOOS: We have those papers if you would like them?
MR. CHAIRMAN: No, it is not necessary.
MR. BOOS: So I know the health problems are resolved.
MR. PETERS: May I just speak in behalf of that statement--
the property east of you already draws its water from Mr.
Petrucci.
MR. BOOS: That's in the same well area that I'm in. Yes.
MR. PETERS: As long as you know about it.
MR. BOOS: Oh yes, I know about it.
MR. GRIFFING: I used to represent Mr. Petrucci and I
think there are three parties that have rights to get water
from across the street.
MR. BOOS: Not any more.
MR. GRIFFING: Wenk's out now.
MR. BOOS: I have a well that's in and approved behind
Petrucci's house, which I have a right-of-way to. I got a
deeded right to it.
Southold Town Boat
(Appeal
MR.
MR.
MR.
MR.
MR.
anybody?
of Appeals May
No. 2914 - Norman C. Boos, continued:)
BOOS: And I bought the other property.
GRIFFING: And Lehmann's out.
BOOS: I have that.
GRIFFING: There was three then.
ing the hearing and reserving decision until a later date.
CHAIRMAN: Ok. Thank you very much. Any comment from
Hearing no further comments, I'll make a motion clos-
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision until a
later date in the matter of Appeal No. 2914, application of
Norman C. Boos.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig-
onis, Douglass and Sawicki.
1982 Reg. Mtg.
MEMBER DOUGLASS: Second.
¢
8:05 p.m. Application of
PETER S. TERRANOVA, Box
77, Peconic, NY for a Variance
to the Zoning Ordinance,
Article II1, Sections 100-31 and
100-34 for permission to con-
struct deck with insufficient.
yard setbacks and exceeding
the maximum-permitted lot
coverage requirement at 56.~
Sound Avenue (a/k/a 1170
Huntington Boulevard), Pe-
conic, NY; Peconic Shores
Subdivision Filed Map Nos.
117 and 654, Park of Lot//12;
and further identified as
County Tax Map Parcel No.
1000-67~2-1.
8:15 p.m, Application of
ANTHONY & CARMELA
PRISCO, 93 Croyden Court,
Albertson, NY 11507 for a
Variance to the Zoning Ordin-
ance, Article 111, Section 100-
31 for permission to construe'/
exlension to existing dwelling
reducing the rearyard setback.
Location of Property: 370
Sunset Way, Southold; Cedar
Beach Park Filed Subdivision
Map 90, Lot 161; further--'
identified as County Tax Map
Parcel No. 1000-91-1-7~
8:20 p.m. Application. of
ALICE G. LEVIEN, Box 992,
Cutchogue NY for a VarianCe
to the Zoning Ordinance,
Article Ill, Section 100-30A for
permission to constru~ stor~
age building on a vacant lot;
Location of Property: 990
Beebe Drive, Cutchogu%
Moose Cove Filed Subdivision
Map 3230, Lot 25; furthei
identified as County Tax Map
Parcel No. 1000-9%%9. '
8:30 p.m. Application of
NORTH FORK BANK &
TRUST CO., by Abigail A!
Wickham. Esq., Box 1424~
Mattituck, NY for a Variance
to the Zoning Ordinance;
Article VII, Section 100-71 for
permission to construct a.
drive-in banking facility with
canopy entending into the
frontyard area. Location of
Property: Mattituck Shopping
Center, Main Road, Mattituck;
bounded north by New Beth~
any Cemetery Association:
west by Factory Avenue; south
by Ardprop Inc. and Main
Road: east by Main Road;
County Tax Map Parcel No.
100-142-1-26.
8:35 p.m. Application of
JEROME E. & M. DOROTHY
BLOOM, by Richard J. Cron,
Esq., Main Road, Cutchogue,../
NY for a Variance to the
Zoning Ordinance, Article [I1,
Section 100.31 for approval of
insufficient width of two pro-
posed parcels located on the
north side of Main Road, East
Marion; bounded north by
Jayne & L.I. Sound; west by-
Swick & Shilder; south b~
Nodine and Main Road; east
by Hicks and Willinms; County
Tax Map parcels No. 1000-.23-
1-10 and- 11.
rant8:40 p.m. Application
ORMAN C.BOOS, One Ced-
Street, Massapoqua, NY.
11758, by Stephen F.
.Ir., Esq. for a Variance to the
zoning Ordinance, Article 111,
Section 100-31 and Article
Section 100-51 for permission
to reduce land area for existing
marina by dividing premises
into two parcela, each ~vith
insuficient upland area. Lbca-
tion of Property: South Side of
Bay Avenue (a/k/a 8000'
Skunk Lane), Cutchogue',
bounded north by Buy Ave-
nue; west by Cntchogue-New
Suffolk ParkDistrict and Nas-
sau Point Causeway Associa-
tion; south by Groff; east by
Lehmann and Broadwatere
Cove; County Tax Map Parcel
No. 1000-104-8-2-L
,Dated: May 15, 1982
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPE.~LS,,~'
GERARD P. GOEHRIN~ER
CHAIRMAN
NOTIC~
NOTICE IS HEREBY' GIV-
EN, pursuant to Section 267 of
the Town law and the Provi-
sions of the Amended Code of
the Town of Southeld~ the
following matters will be
scheduled for public hearings
t6 be held by the Southold
Town Board of Appeals, at the
Southold Town Hall, Main
Road, Soathold. N.Y. on Wed-
nesday, May 26, 1982, com-
mencing at 7:30 p.m. and as
follows:
7:30 p.m. Application of
ROBERT A N D EILEEN
WALL, Montauk Avenue,
Fishers Island, NY 06390 for a
Variance to the Zoning Ordi~._t.
ance, Article IlL Section 100-
32 for permission to construct
detached two-car garage in thc
sideyard area. Location of Pro-
pety: Southwest Side of Mon-
tauk Avenue, Fishers Island;
bounded north by Strunk and
Montauk Avenue; east by
Kernan & Montauk Ave.:
south and west by Kernan;
County Tax Map Parcel No.
1000-10-8-13.
7:35 p.m. Application of
ROBERT W. GILLISPIE, JR.,
15345 Main Road, East Mar-
ion, NY for a Variance to the
Zoning Ordinance, Article III.
Section 100-35 for permission
to increase fenced area around
frontyard pool to a height.~
exceeding the maximum-
permitted four feet. Location
of Property: 15345 Main Road,
East Marion; bounded north
by L.I. Sound; east by Swick &
Woglom; south by Main Road;
west by Gillispie; County Tax
Map Parcel No. 1000-23-1,5.
7:40 p.m. Application of
ERNEST E. WILSBERG, by
Richard J. Cron, Esq. Main
Road, Cutchogue, NY for a
Variance to the Zoning Or-
dinance, Article HI, Section
100-31 for approval of insuf-
ficient area and road frontage
of two parcels located at Ole
Jule Lane, Matt'Rock; bounded
north by Ole.lule Lane; west by
Hunt and others; south bye...
OleJule Lane; east by Wils-
berg; County Tax Map Parcels
No. 1000-122.5-12 and 13.
7:45 p.m. Application of the
ESTATE OF ANN DONA-
HUE, by Madeline J. Hein-
isch, 86 Beverly Drive, Albert-
son, NY 11507, for a Variance
to the Zoning Ordinance,
Article Ill, Section 100-31 for
permission to construct addi-
tion to dwelling with an insuf-
ficient frontyard setback at
41575 C,R. 48, Southold,
bounded north by Spyropeu-
los; east by ~aol~on; south by
C.R. 48; west by Larsen;
County Tax Map Parcel No~
1000-59-3-21.
7:50 p.m. Application of...-.
.IOHN H. & KATHRYN ROSE
1710 Pike Street, Matiituck,
NY for a Variance to the Zon-
ing Ordinance, Article III,
Section 100-31 for permission
to construct addition to exist-
ing garage reducing the rear-
yard setback. Location of Pro-
perty: 1710 Pike Street, Matti-
tuck, NY; bounded north by
Pike St.; west by Eskert; south
by Verme and Pike; easy by
Zahra; County Tax Map Parcel
No. 1000.140-3-19.
7:55 p.m. Application of
Environment East Inc., 3075
Indian Neck Lane, Peconic, NY
as agent for LEIGHTON WIG-
LEY, for a Variance to New
York Town Law, Section 280-a~
for approval of access over a .
private right-of-way located off
the north side of Grnd Avenue,
Mattituck, NY. Location of
Property: 3325 Grand Avenue,
Mattituck, NY; bounded nortlv
by Black; west by Mattituck
Creek; south by Ely; east by
Black & Ely; County Tax Map
Parcel No. 1000-107-1-12.
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn, soys 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
successively, commencing on the ............ ~ ...................
day ........... .................
Sworn to before me this ~ ~ ~( day of
19 ........
CLEMENT J. 'THOMPSON
NOTARY PUBLIC, State of Now York
~o. 52-f~32~.725
Residing in Suffolk County ~/
Commission Expires
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Pro~/isions of the Amended
Co~ of the Town of Southold,
thefloilowing matters will be
sci~duled for public hearings
to be held by the Southold
Town Board of Appeals at the
Southold Town Hall, Main
Road, Southold, NY on
Wednesday, May 26, 1982,
commencing at 7:30 p.m. and
as follows:
7:30 p.m. Application of
ROBERT AND EILEEN
WALL, Montauk Avenue,
Fishers Island, NY 06390 for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
32 for permission to construct
detached two-car garage in
the sideyard area. Location of
Property: Southwest Side of
Montauk Avenue, Fishers
Island; bounded north by
Strunk and Montauk Ave.;
east by Kernan & Montauk
Ave.; sooth and west by
Kernan; County Tax Map
Parcel No. 1000-10-8-13.
7:35 p.m. Application of
ROBERT W. GILLISPIE.
JR., 15345 Main Road, East
Marion, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-35 for
permission to increase fenced
area around frontyard pool to
a height exceeding the
maximum-permitted four
feet. Location of Property:
15345 Main Road, East
Marion; bounded north by L.I.
Sound; east by Swick &
Woglom; south by Main Read;
west by Gillispie; County Tax
Map Parcel No. 1000-23-1-5.
7:40 p.m. Application of
ERNEST E. WILSBERG, by
Richard J. Cron, Esq., Main
Road, Cutchogue, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for approval of insuf-
ficient area and road frontage
of two parcels located at Ole
Jule Lane, Mattituck;
bounded north by Ole Jule
Lane; west by Hunt and
others; south by Ole Jule
Lane; east by Wilsberg;
County Tax Map Parcels No.
1000-122-5-12 and 13.
7:45 p.m Application of the
ESTATE OF ANN DONA-
HUE, by Madeline J.
Heinisch, 86 Beverly Drive,
Albertson, NY 11507, for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
construct addition to dwelling
with an insufficient frontyard
setback at Z1575 C.R. 40,
Southold; bounded north by
Spyropoulos; east by Hobson;
south by C.R. 40; west by
Larsen; County Tax Map
Parcel No. 1000-59-3-21.
7:50 p.m. Application of
JOHN H. & KATHRYN ROSE,
1710 Pike Street, Mattit{Ick,
NY for a Variance to the
Z6ding Ordinance, Article III,
Section 100-31 for permission
to construct addition to
existing garage reducing the
rearyard setback. Location of
Property: 1710 Pike Street,
Mattitack, NY; bounded north
by Pike St.; west by Eckert;
south by Verme and Pike;
east by Zahra; County Tax
Map Parcel No. 1000-140-3-19.
7:55 p.m. Application of
Environment East Inc., 3075
Indian Neck Lane, Peconic,
NY as agent for LEIGHTON
WIGLEY, for a Variance to
New York Town Law, Section
200-a for approval of access
over a private right-of-way
located off the north side of
Grand Avenue, Mattituck,
NY. Location of Property:
3325 Grand Avenue.
Mattituck, NY; bounded north
by Black; west by Mattituck
Creak; south by Ely; east by
Black & Ely; County Tax Map
Parcel No. 1000-107-1-12.
0:05 p.m. Application of
PETER S. TERRANOVA,
Box 77, Peconic, NY for a
Variance to the Zoning
Ordinance, Article III,
Sections 100-31 and 100-34 for
permission to construct deck
with insufficient yard
setbacks and exceeding the
maximum-permitted lot
coverage requirement at 565
Sound Avenue (a/k/a 1170
Huntington Boulevard),
Peconic, NY; Peconic Shores
Subdivision Filed Map Nos~
117 and 654, Park of Lot//12;
and further identified as
County Tax Map Parcel No.
1000-67-2-1.
0:15 p.m. Application of
ANTHONY & CARMELA
PRISCO, 93 Croyden Court,
Albertson, NY 11507 for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
construct extension to existing
dwelling reducing the
rearyard setback. Location of
Property: 370 Sunset Way,
Southold; Cedar Beach Park
Filed Subdivision Map 90, Lot
161; further identified as
County Tax Map Parcel No.
1000-91-1-7.
0:20 p.m. Application of
ALICE G. LEVIEN, Box 992,
Cutchogue, NY for a Variance
to the Zoning Ordinance,
Article III, Section 100-30A for
permission to construct
storage building on a vacant
lot. Location of Property: 9~0
Beebe Drive, Cutchogue;
Moose Cove Filed Subdivision
Map 3230, Lot 25; further
identified as County Tax Map
Parcel No. 1000-97-7-9.
8:30 p.m. Application of ....
NORTH FORK BANK &
TRUST CO, by Abigail A.
Wickham, Esq., Box 1424,
Mattituck, NY for a Variance
to the Zoning Ordinance,
Article VII, Section 10071 for
~irermission to construct a
ive-in banking facility with
canopy extending into the
frontyard area. Location of
Property: Mattituck Shopping
Center, Main Road,
Mattituck; bounded north by
New Bethany Cemetery
Association; west by Factory
Avenue; south by Ardprop
Inc. and Main Road; east by
Main Road; County Tax Map
Parcel No. 1000-142-1-26.
8:35 p.m. Application of
JEROME E. & M. DOROTHY
BLOOM. by Richard J. Cron,
Esq., Main Road, Cutchogue,
NY for a Variance to the Zon-
ing Ordinance, Article III,
Section 10031 for approval of
insufficient width of two
proposed parcels located on
the north side of Main Road,
East Marion; bounded north
by Jayne & L.I. Sound; west
by Swick & Shikler; south by
Nodine and Main Road; east
by Hicks and Williams;
County Tax Map Parcels No.
1000-23-1-10 and 11.
I8:40 p.m. Application
~NORMAN C. BOOS, One
rCedar Street, Massapequa,
NY 11755, ~hen F.
Griffing, Jr., Esq. for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 and Article V, Section
100-51 for permission to reduce
land area for existing marina
by dividing premises into two
parcels, each with insufficient
upland area. Location of
Property: South Side of Bay
Avenue (a/k/a 0000 Skunk
Lane), Cutchogue; bounded
north by Bay Avenue; west by
Cutchogue-New Suffolk Park
District and Nassau Point
Causeway Association; south
by Gruff; east by Lehmann
and Broadwaters Cove;
County Tax Map Parcel No.
r 1000-104-8-2.1.
Dated: May 15, 1982.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Sect.
1TMy20-3967
· OF SUFFOLR, |
)F NEW YORK, ? ss:
J
r Gustavson
.............................. being duly Sworn.
t . ..h.e .... is Printer and Publisher of the SUFFOLK
g TIMES, a newspaper published ~t Greenport. in said
:nd that the notice, of which the annexed is a printed
is been published in the said Suffolk Weekly Times
each week, for one weeks
rely commencing on the ... 2/~th, .................
:o belore me this ... ?.O..t.h.,. ]
· ......
HELEN K DE VOE
NOtARy PU~UC, Sla/e ot New York
No 4707878, Suffolk ~oun~v
lerm Expires March 30,
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O1' VITAL STATISTICS
TELEPHONE
($16) 765-1801
Southold, L. I., N. Y. 11971
October 23,
1981
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2914 application of Stephen F.
Griffing, Jr. Attorney a/c ~orman C. Boo~, Skunk Lane, Cutchogue, New York
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 of
property.
Judith T. Terry Town Clerk
JTT/bn
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS '~
JOSEPH H. SAWlCKI
TO:
Southold Town Planning Board
DATE: April 16, 1982
SUBJECT:
Matters Tabled Pending Planning Board Comments
The following is a list, as of today's date, of the matters
before the Board of Appeals which have been tabled pending
review by and receipt from your board concerning the subject
subdivisions and their proposed layouts:
~/~BOOS, NORMAN C. Appeal No 2914
GOLDEN, GRACE Appeal No 2958
HARREN, HUBERT Appeal No 2945
KUJAWSKI, PETER Appeal No 2946
MANOS, JAMES Appeal No 2970
REEVES, GERTRUDE K. Appeal No 2962
WILSBERG, ERNEST E. Appeal No 2811
YOUNG, RAYMOND & JOAN Appeal No 2964
Once you have determined that the layout of the subdivision
appears satisfactory, please let us know as early as possible
in order that we may arrange to schedule them for public
hearings. Also, any time you may need information from our
files, we will be glad to provide you with same.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
NIAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.h, N.Y. 119'71
TELEPHONE (516) 765-1809
April 13, 1982
Stephen F. Griffing,
120 Court Street
P.O. Box 982
Riverhead, NY 11901
Jr. , Esq.
Re: Appeal No. 2914
Application of Norman C. Boos
Dear Mr. Griffing:
It has been brought to our attention that you have recently
inquired as to the status of the above-mentioned project.
On March 4, 1982 our office received copies of the D.E.C.
permit with your covering letter and immediately you were
advised of the status of your application with the Planning
Board relative to the variance application on the proposed
subdivision. To date we have not received notice of action
or recommendations by the Planning Board.
As soon as we are advised by the Planning Board of their
action or recommendations concerning this project, we will be
in a position to expeditiously process your application in
accordance.
Please do not hesitate to call our office if you have
any questions or if we may be of assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Secretary
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT .J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- BTATIE ROAD 25 ~OU'I'HOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
March 4, 1982
Stephen F. Griffing, Jr.,
120 Court Street
P.O. Box 982
Riverhead, NY 11901
Esq.
Re: Appeal No. 2914
Application of Norman C. Boos
Dear Mr. Griffing:
Receipt is acknowledged of your March 2, 1982 correspondence
with enclosures.
By letter dated November 10, 1981, the Planning Board has
requested-that the Board of Appeals not entertain this applica-
tion until the subdivision approval has been determined by
them, and it is our understanding that you have made formal
application to the Planning Board for a subdivision.
Normally, we are notified as early as possible of the
actions taken by the Planning Board; however, if you wish you
may keep us advised of developments.
Thank you for your cooperation.
lk
Enclosure
Yours very
GERARD P. GOEHRINGER
Chairman
March 3, 1982
Southold Town Board of Appeals
Main Roadl State Road 25
Southold, NY 11971
Re: Norman C. Boos
Dear Sir or Madame:
Enclosed please find complete photocopy of NYS Department of
Environmental Conservation Permit with regard theabove.
Kindly re-open my application formerly submitted.
If there is anything further you require, please contact me.
Very truly yours,
SFG:cg
Encs.
cc: Mr. Norman C. Boos
i Cedar Street
Massapequa, NY 11758
NEW YOI~ STATE D~PART~NT .OF ENVIP, ONMENTAL CCN~ERVATION
Building &O, Sta~.e University of New York
S~ony Brook, New York 11794
516-751-~900
Feb. 2~ 1982
Norman C. Boos
1 Cedar St.
~,~assapeq ~a~ ~].
Y. 1175~
Re: 10-$1-018~
Dear Sir:
In conformauca with the requirements of the State I~nffo~"m
Procedures Act (At,late 70, ECL) and its implementing lle. gu!ations
(6_~ri~Cl~ Part 622+.) we are anclozi~%o° your ~e~-mit. P!ec~ read all
conditior~ carefully, 'Jlf you are unable to cou~ly with any condi-
tlc, ns, ptaase con:~act the P,~g±o~al R;=gulztc~z Affairs Office, ~CfS
Depar~.m~o~ of Environmental Conservation, Stace Univ~r-~itY of New
York at Stony B~ook, Building 40, Stony Er~.~k, New York 11794.
}~.se enclosed ia a permic sign which you are to conspicuously
pcst at t. ha pro~ect site, protected from the weather.
Very truly your$~ ~
Da~t.el J ~'~trkin
Regional ~ermlt Ad~nistrato~
DJL: 11
Eucls. We are returning your Check which is not needed at
this time.
NEW
PERMIT NO.
STATE DEPARTMENT OF ENVIRONME NTA L .CONSEI~N [10-81-018~,
PERMIT
UNDER THE ENVIRONMENTAL CONSERVATION LAW
ARTICLE 15, (Protection of Water) ~. ARTICLE 25, (Tidal Wetlands)
ARTICLE 24, (Freshwater Wetlands) [~] ARTICLE 36, (Construction in Fiood Hazard Areas)
PERMIT ISSUED 10
NORMAN C. BOOSn
ADDRESS OF PERMIFIEE
1 Cedar St., Massapequa, N. Y. 11758
LOCATION OF PROJECT (Section of stream, tida~ wetland, dam, building)
Broadwaters Cove Dredged Inlet
DESCRIPTION OF PROJECT
.Construct a single family dwelli_ng~, _sanitary system and driveway all
greater than 85' from the inlet. Subdivide the property into two lots pursuant
to the Robert A. Kart,
COMMUNITY NAME (City, Town, Village)
East Cut chogue
COUNTY
L.S. survey dated 10/15/81 ~ubmitted.
TOWN &outhold
FIA COMMUNITY NO. J DAM NO.
DATE
GENERAL CONDITIONS
1. The permittee shall file in the office of the appropriate Regional
Permit Administrator, a notice of intention to commence work at least 4~
hours in advance of the time of commencement and shall also notify him
promptly in writing of the completion of the work.
2. The permitted ~rk shall be subiect to inspection by an authorized
order the work suspended if the public interest sorequires.
3. As a condiDon of the issuance of this permit, the applicant has ac-
cepted expressly, by the execution of the application, the full legal respon-
sibility for all damages, direct or indirecl, of whatever nature, and by whom-
ever suffered, arising out of the project described herein and has agreed in
4. Any material dredged in Ihe proseculion of the work herein permitted
bed of Ihe waterway or flood plain ar deep holes that may have a tendency to
5. Any material to be deposited or dumped under this permit, either in
the waterway or on shore above high-water mark, shall be deposited or dumped
thereon, within or behind a good and substantial bulkhead or bulkheads, such
the heallh, safety or welfare of the people of the State, or loss or destruction
of this permit, the structure, fill, excavation, or other modificalion of the
waiercourse hereby authorized shall not be completed, the owners shall,
condition Ihe navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any~such removal or
alteration.
8. That the State of New York shall in no case 0e [table far any damage
or injury to the structure or work herein authorized which may be caused by or
result from future operations undertaken by the State for the conservation or
improvement of navigation, or for other purposes, and no claim or right to
compensation shall accrue from any such damage.
9. That if the display of lights and signals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may be pre-
scribed by the United States Coast Guard shall be installed and maintained
by and at the expense of the owner.
10. All work carried out under this permit shall be performed in accor-
dance with established engineering practice and in a workmanlike manner.
11. If granted under Articles 24 or 2S, the Department reserves the righl
to reconsider this approval at any time and after due notice and hearing to
continue, rescind or modify this permit in such a manner as may be found to
be just and equitable. If upon the expiration or revocation of this permit, the
modification of the wetland hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such
time and manner as the Department of Environmental Conservation may require,
remove all or any portion of the uncompleted structure or fill and restore the
site lo its former condition. No claim shall be made against the State of New
York on account of any such removal or alteration.
12. This permit shall not be construed as conveying to the applicant any
right to trespass upon the lands or interfere with the riparian rights of others
to perform the permitted work or as authorizing the impairment of any rights,
title or interest in real or personal property held or vested in a person not a
party to 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 Arhcle 36 of the Environmental Conservation Law and
Part 500 of 6 NYCRR (Construction in Flood Hain Areas having Special Flood
Hazards - Building Permits) and in no way signifies that the project will be
free from flooding.
15. By acceptance of this permit the permittee agrees that the permit
is contingenl upon strict compliance with the special conditions on the
reverse side.
95-20-4 (9/75)
(SEE REVERSE SIDE)
CONDITIONS
16. sanitary System to be located between the proposed dwelling and
Bay Ave. and at least 100' from any surface water.
17. The driveway shall be of a pervious nature and not paved or
oiled.
DJL:cg
c.c. LAW ENFORC~2~ENT ..
attachment
File
Note: We are returning Your Check No.
842 for $25.00--
PERMIT ISSUE DATE
2/2~/82
Per. RMIT ADMINIST~TOIJ;e. /: / /- //~ - J~. IADOeESS ~,
,Stony Brook, N.Y.
PERMIT SIGN
__ ~lllliliilllll Iii
No.
10-81-0184
has been issued to: ~o~ o. ~oo~
address:
1 Cedar St., ~assapequa, N. Y. 11758
for: Construct a single family dwelling, sanitary system, and driveway ~l greater than 85 feet from
the~ ~nlet. Subdivide the property into two lots pursuant to the Robert A. Kart, L.S. survey
dated 10/15/81 submitted. Suffolk County
under the Environmental Conservation Law,
Article 15, (Protection of Water)
Article 24, (Freshwater Wetlands)
Article 25, (Tidal Wetlands)
New York State
Department of Environmental Conservation
9.S -20.1 (9/7S)
· Formerly EA-93
Article 36, (Construction in Flood Hazard Areas) ~
Permitr AdministYa~o~ rv~'~ "~
2/2~/82
Date Issued
Expiration Date
eCOUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
January 4, 1982
DAVID HARRIS, M,D., M,P.H.
Mr. David DeRidder
Associate Environmental Analyst
New York State Dept. of Environmental Conservation
Regulatory Affairs
Bldg. 40, SUNY, Room 219
Stony Brook, New York 11794
RE:
Development of Norman C. Boos
Property S/S of Bay Avenue
Cutchogue (T) Southold
ZBA Appeal No. 2914
Dear Mr. DeRidder:
I am in receipt of your letter dated December 16, 1981. We have no
objection of the determination of lead agency.
It should be noted that:
]. The proposed septic system will
water.
be less than 100 feet to surface
2. The water supply is questionable due to its close proximity to
the inlet.
It appears that the split of property does not meet our minimum
standards requiring lot areas of 40,000 square foot where the
individual water supply and sewage disposal facilities are pro-
posed.
If you have any questions regarding this matter please feel free to.
contact me.
RRR:ljr
cc: Southold Town Zoning Board
Very truly yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
(~16) 727-4700
Sou= .o .d NOTICE OF COMPLETE APPLICATION
~C THIS IS NOT A PERMIT
~e .................. ~ ............... ~
TO: Applicant No~ C. ~os DateO~ber 31~ 198]
Address 1 C~a~ S~ree~ App. Nos,
~ssa~eq~, ~ 11758
Permit(s) applied for: Tidal Wetlands, t~icle 15
Project Description Town Son,hold County
~ and 5i~e Location:
Subdivide land on $ou~h side ~y Avenue, ~ Cu~cho~ue ~o ~ lo~s a~ cons~ruc~
single fmmt~y d~ellin~ on ~2erly lo= ~*i~h onsi~e dispos~ of saniZa~ wasZe.
PUBLIC COMMENT: App]ica~ons may be reviewed at t~e address [isled below and specific commen[s on
eot, or a ~equest in become a 0ally-in-interest i[ a 9ub[ic Headn~ is ~e]d, must be submitted in writin~ to ~he contact
person named
below no ]a~er than Februa~ff 3~ 19~2
(~y [aw, Ibis date must be a~ least ~4 days (30 days for a SPO[S Permit) from ihe date tNe no~ice will appear in the
Envkonmema[ Notice 5u[[e~in.)
L~AOAGENCY: New York S~a2e Denar~n= of Envtronw~-e-~] Conse~atfon
5[QR OEYHRM[NAT[ON: (check appropriate box)
~ 5EQR-1 Pro]ec~ is not sub[ecl to SEQR because it is exempt, excluded, or a Type U actiom
~ 5[QR-2 Pro~ect is a Yyoe 1 action; it has been determined that ~he pro~ect (may, wile not) (circle appropriate)
Nave a significant effect on tNe environment. A Negative Oec[aration has been pre~ared and is on flee.
~ SEQ,-3 Proiec~ is an un[isted action; it has been determined ~baf ~e pro]ec~ wi[[ not ~ave a siSnificam effect on
ihe euvironmenL
~ SEQR-4 A d~a[~ envkonmenta[ impact sta[ement has bee~ prepared on ~his proiect and is on flee.
~ SEQR-5 A final environmental impact statement has been ~repared on this pro[ecl and is on ~i[e.
CONTACT: (name, a~ency, address, telephone numbe0
Daniel J. ~rkin ?.,[[C ~.~, ~T3. AliT.
~SDEC, Bldg. 40, S~.~--~ 219
(516) 751-7900 ~'~.~'
TO TH[ This is to advise that your application is complete and a review has commenced. Additional information may be requested from you
APPLICANT: at a future date, if deemed necessary in order lo process the application.
The project has been classified non-minor. Accordingly, a decision will be made within 90 days of the date of this notice. I[ a public
hearing ~s necessary, you will be notified within 60 days, and Ihe hearing wilJ commence with 90 days o[ the date o(this notice. ][ a
hearing is held, the final decision wiU be made within 60 days after the hearing is completed.
cc: Chief Executive Officer
Environmental Notice Bulletin, Room 509, 50 Wolf Road. Albany, N. Y, 12233
~ ~ '~..~,", * .-~ DRA--CEN
New Yo~k State Department ot Envi(onmental Conservation
Regulatory Affairs
Bldg. 40, SUNY - Room 219 -~
Stony Brook, New York 11794
516-751-7900
Commissioner
December 16, 1981
DEC I
Southold Town Board
c/o Supervisor
53095 Main Road
$outhold, New York 11971
Re: Subdivision of Norman C. Boos property south side of Bay Avenue, Cutchogue
~BA Appeal No. 2914.
Dear Sir:
The NYS Department of Environmental Conservation has received application(s) for
NYS Tidal Wetlands Permit No. 10-81-0184.
Pursuant to Article 8 of the Environmental Conservation Law, the project is defined
in 6 NYCRR, Part 617, as an u~listed action. As such, coordinated review by involved
agencies is optional.
This Department has made a preliminary determination that the action will not sig-
nificantly affect the enviormment and wishes to coordinate review to confirm this deter-
mination.
As anagency also involved in approving this action, you are hereby requested to
indicate whether or not you agree with this Department's initial determination and as-
sumed status of lead agency.
Enclosed is a copy of our application(s) and Environmental Assessment Form (EAF).
Also, please make known to this Department your concerns for this project so that
our final determination of significance will reflect your views and recommendations.
Please reply by December 30, 1981
Sincerely,
David De Ridder
Associate Environmental Analyst
cc: M. Fiscina
SHORT ENVIRONMEt!TAL ASSESSMENT FORM
Appenc~ B Pert 617
INSTRUCTIONS:
( a ) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available
information concerning the project and the likely impacts of the action, it is not expected that additional
studies, research or other investigations will be undertaken.
( b ) if any question has been answered Yes, the project may have a significant effect and the full Environmental
Assessment Form is necessary. Maybe or Unknown answers should be considered as Yes answers.
[ c ) If ail questions have been answered No it is likely that this proiect will not have a significant effect.
( d ) If additional space is needed to answer the questions, please use the back of the sheet or provide at-
tachments as required.
ENVIRONMENTAL ASSESSMENT
YES NO
1. Will project result in a large physical change to the project site or physicaily alter more than 10
acres of land? []
2. Will there be a major change to any unique or unusual land form found on the site? []
3. Will project a{ter or have a large effect on an existing body of water? []
4. Will project have an adverse Impact on groundwater quality? []
5. Will project significantly effect drainage flow on adjacent sites? []
6. Will project affect any threatened or endangered plant or animal specres? []
7. Will project result in a major adverse effect on air quality? [] r~~
8, Will project have a major effect on the visual character of the community or scenic views or vistas
known to be important to the community? [] L~r
9. Will project adversely impact any site or structure of historic, prehistoric, or paleontological im-
portance or any site designated as a Critical Environmental Area by a local agency? []
10. Will project have a major adverse effect on existing or future recreational opportunities? []
11. Will project result in major traffic problems or cause a major effect to existing transportation
systems? []
12. Is project non-farm related and located within a certified agricultural district? []
13. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance
as a result of the project's operation? [] C~.
14. Will project have any adverse impact on public health or safety? []
15. Will project affect the existing community by directly causing a growth m permanent population
of more than 5 percent over a one-year period or have a major negative effect on the character of
the community or neighborhood? []
16. Is there public controversy concerning any potential impact of the project? []
Preparer's Signature:
Preparer's Title:
Agency:
FOR A~;ENCY USE ONLY
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERV~T!ON
ALBANY~ NEW YORK 12233
APPLICATION FOR PERMIT
APPLICAI ION N(I.
Read inslructions on back beiore completing this application· Please type cji prim clearly in mk. Use separatn
~ddenda and exhibits to provide all required data and explanations tot which space on /he I,rm is inadequale.
[] ARTICLE 15, TITLE 3 (CONTROL OF AQUATIC INSECTS, WEEUS, OR UNDESIRABLE FISI4)
[] ARTICLE 15, TITLE S (PROTECTION OF WATERS)
~ For the construclion, reconstruction, or repair of a DAM or other impoundment struclure.
[] For the construction, reconstruction, or repair of any permanent DOCK, pier, or wharf; and any dock, pier,
[]] For the disturbance of a STREAM BED or excavation in or fill of navigable waters.
[] ARTICLE 15, TITLE 15 [] WATER SUPPLY ~ LONG ISLAND WELL
[] ARTICLE 24 (FRESHWATER WETLANDS) [] Permit ~] Letter of Permission
~:] ARTICLE 25 (TIDAL WETLANDS)
t. NAME OF APPLICANT: NORMAN C. BOOS
2. APPLICANT IS A/AN [~lndividual [] Parlnership ~ '; Association [~,Corpora on ' ~4unicipality ~ Governmenla! Agency
NAME & TITLE OF (516) 541-4604
OFFICIAL SIGNING APPLICATION Norman C. Boos _ PHONE
STREET ADDRESS
i
Cedar
NY
m P. o. BOX b~reet. __ POST OFFICE _Mas_sa_pe_qua STATE ZIP CODE~I/b~
4. NAME & ADDRESS OF OWNER Same
(If not applicant) __ PHONE
STREET ADDRESS
OR P, O. BOX ...... POST OFFICE ........ STATE ZiP CODE
5. PRUJECT LOCATION:
a) City or Village of
East Cutc hocLu_e ....
E own of _S o~u t~hgl~d
6. WILL PROJECF UDLIZE
STATE OWNED LAND?
~ [xi No
~_j Yes
County of Suffolk _Dredged Inlet_=_~road_waters Cove
b) Specific protect site or area is marked on U.S.G,S. or equivalent map, attached as I xhibll
7. PROPOSED USE: [] Private 8. PROPOSED STARFING DATE; I 9. APPR()XI,k!A FE COMPLETION DATE
~ Public : lCommercial
· As soon as possible 4 months after starting
11. PROJECT DESCRIPTION: (Feet of rip-rap new channel; cubic yards of material to be remow,d; draining, dredging, filling, and Io~ation of d~sposal sites; type of structure to be installed; height of dam; size of impoundment;
Gonstruct sin91e-family residence on S/s Bay Avenue, East Cutchogue, NY
subdivide the land into two ~ots in accordance with Section 661.5, Category 57
in accordance ~ith survey annexed hereto & made a part hereof.
(previously sent surveys with prior application on 11/16/81)
previously sent
11/16/81
12. This project ~ill require the following additional permits, applications lo; ~x,lich ale the r~ sponsihiiity of others:
13, NA~4E AND ADDRESS OF OFFICIAL NEWSPAPER OF LOCALilY WHERE PROPOSED WORKS \Ri LO(AiED:
LI Traveler Watchman, Main Road, Southold, NY 11971 (516) 765-3~25
14. IS ANY PORTION OF TIlE ACTJVI[Y FORWli]CII A PERMITtS SOUGliT NOV~ BEGUN (IRC()kPL[II! lYes ~-](NO
15, CERTIFICATION:
I hereby affirm under pena ty of perjury that informatian provided on this form and zH attachmenls submitte~)ji,ere-jJ/. ~ %
arising out of the project described herein and agrees to indemnify and save harmless Ihe State from stats, actmns, "~f"~z~(,~, ~
December , 1981 *'~ / . ..- /-,~ , . ~f~?
riot1 of ~,~tion 7209 of the New York State Education L~w
Copies "f this sur~ey map not bearing the [and survevoc's
valid copy.
to the person fo~ whom ~ survey is prepared and cn
behalf to the title company, gevemmentel ~gency and len-
din~ Ir~titutien #atari ~ and tot the ~s$igr~e$ of the
lending instttutlo~ Guemntet or eeftifk:e~ons ere nm
transferable to aciditional IneUtution$ ~' subsequent ownem.
" '""'" RECEIVE
'IINFORMATION ONLY: AS TO MINOR
.~ ~ ~ NOV 17
-:; "'!: :,:L ' ~ ,', 7'
.... . --~ ."_
CO~VT~R,L/N~- ~ND ~LEV~T/ON$ A.~ R~RE~C~D TO t].~P~ ~. DATU~
MI1P OF PROPERTY
NORMAN C BOOS
AT EAST CuTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY~ N.Y.
SCALE: I"= /O0'
,~us. 19,
OCT. , 15, I981
vENUE
69.65'
N. 85'46"00# E'
t50.0'
TOTAL AREA=45,5~SO. FT.
;4/ATER AREA= I2,064
LAND AREA
O
l/VI. ET.'.
/2.
N/0/F
NANCY GRAHAM
ARE REFERENCED TO U.$.C. SG, BENCH lYI~RK 0326 EL,$1.804~ . ~i :~
'-' -~- , ,-, NOV
SURVEY FOR
NORM.qN C. BOOS
' AT EAST CUTCHOGUE
TOWN OF SOUTHOLO
SUFFOLK COUNTY, N.Y.
SCALE:
AUG. I0, 198/
AUG. II, 1981
November 23, 1981
Southold Town Board of Appeals
Main Road, State Road 25
Southold, NY 11971
Re: Norman C. Boos
Dear Sir or Madame:
Kindly adjourn my application on Norman C. Boos until I have had a
chance to complete my application to NYS Department of Environmental
Conservation to construct a single-family residence.
SFG:cg
I will immediately notify you when DEC permit has been issued.
Southold Town Board of Appeals
I~IAIN ROAD-STATE RnAD 25 SnUTHI3LD. L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWlCKI
November 12, 1981
Mr. Daniel J. Larkin, Permit Administrator
Environmental Analysis Unit, Building 40
N.Y.S. Department of Environmental Conservation
Stony Brook, NY 11794
Re:
Appeal No. 2914 - Norman C. Boos
Tw#15276-0108 and Subdivision Project
Premises Located at the South Side of Bay Avenue, Cutchogue
Dear Mr. Larkin:
On October 23, 1981, our office received an appeal application
of Mr. Norman C. Boos (by Stephen F. Griffing, Jr., Esq.) for a
proposed division of property at the south side of Bay Avenue (a/k/a
Skunk Lane), Cutchogue, and fronting Broadwaters Cove. Mr. Boos
is appealing a decision of the Building Inspector of the following:
That the proposed division creates two lots of insufficient area;
(the nonconforming marina requires 80,000 square feet, Article V,
Section 100-51 of the Code; a building lot requires 40,000 square
feet, Article III, Section 100-31). The premises is zoned A-Agri-
cultural & Residential.
We are enclosing a copy of the appeal application together with
applicant's survey indicating this project. The proposed parcel with
the nonconforming marina appears to have a buildable upland area of
37,025 sq. ft. and the proposed residential parcel appears to have
a buildable upland area of 33,482 sq. ft.
The Southold Town Planning Board is also processing Mr. Boos'
application for a subdivision and have requested that this Board
not entertain the appeal application until the subdivision has been
determined by the Planning Board. This Board has not scheduled the
appeal application for public hearing at this time and has requested
the applicant to obtain approvals from your agency.
Page 2 - November 12, 1981
Mr. Daniel J. Larkin, Permit Administrator
N.Y.S. Department of Environmental Conservation
Re: TW#15276-0108
Appeal No. 2914 - Norman C. Boos
We hope that this information will be of assistance to you;
and if you have any questions concerning these matters, please do
not hesitate to call or write.
Yours very truly,
CG:lk
Enclosures
CHARLES GRIGONtS, JR.
CHAIRMAN
HENRY E. RAYNOR. Jr., Chairman
~~l~XX
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen,
Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
November 10, 1981
Mr. Charles Grigonis, Chairman
Board of Appeals
Southold Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
At a regular meeting of the Southold Town Planning Board, Monday
November 9, 1981 the following action was taken:
RESOLVED that the ZBA should not entertain an appeal (No. 2914) by
the applicant, Norman C. Boos, until such time as his proposed sub-
division is determined by the Planning Board.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secreta~
November 9, 1981
Daniel J. Larktn, Permit Administrator
NYS Dept. of Environmental Conservation
Environmental Analysis Unit
SUNY - Bldg. 40
Stony Brook, NY 11794
Re: ~ITW-15276-0108
Dear Mr. L&ektn:
Referring tomy letter of October 29th and our conversation of
November 5th or 6th, I enclose survey of Robert A. Kart, LS last dated
October 6, lgS1 showing proposed house location. I again question
whether an~appltcatton for permit has to be made; In view of the vmrious
existing bulkheedtng permits and the location of the house being
85 feet from the dredged inlet.
Very truly yours,
SFG:cg
[nc.
cc: Mr. Norman C. Boos
Southold Town Beard of Appeals
Stephen F. Grifftng, Jr.
October 29, 198l
NYS Dept. of Environmental Conservation
Environmental Conservation Analysis Unit
SUNY - Bldg. 40
Stony Brook, NY ll7g4
Re: #TW-15276-0108
Gentlemen:
Reference is made to the above captioned Petition and letter addressed
to Angelo Petrucci under date of November 4, 1974 saying construction of
two homes would have no adverse affect on tidal wetlands. I did not make
this application on behalf of Mr. Petrucci, so I do not know what lands
were involved. However, the Zoning Board of Appeals of the Town of Southold
has referred me to you.
My question is whether the lands sho~n on the enclosed survey showing
the marina and residence plot were covered under your letter of November 4,
1974. If ee, I would not have to make further application. If not, advise
me and send me the necessary forms to make the application.
Very truly, yours,
/
Stephen F. Griffing Jr.
SFG: cg
Encs.
cc: Southold Town Board of Appeals v
Mr. Norman C. Boos
NEW YORK STATE DEPART~4ENT OF ENVIROi~'~NTAL CONSERVATION
Building 40
State University of New York
Stony Brook, New York 11794
Mr. Angelo Petrucci
Bay Avenue, Box 99
E. Cutchogue, New York 11935
November 4, 1974
Re: Petition No. ~- 15276-0108
Your petition for a Tidal !~etlands ~oratorium Permit has
beenrevi'ewed by this office. As a result, we have determined
that
Construction of two homes and associated septic
systems, Bay Avenue, E. Cutchogue, New York, with no construction
or fill within 30' of line of mean high water
will have no adverse affect upon adjacent tidal wetlands.
Therefore, pursuant to Section 25-0202 of the Environmental
Conservation Law and 6 NYCRR, Part 660.3 (c), you are hereby
notified that no permit will be necessary.
A copy of this determination must be available at the job
site a~ all times during construction activity.
Sincer_~Ly your~ ~
D~{~el J ./LaEkin'-
D3L:GCC:n
cc: Corps of Ensineers, New York District
LOUIS ~0 Concra
APPEALS BOARD
MEMBERS
CHARLES GR[GONIS, .IR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWICKt
Southold Town Board of Appeals
MAIN RI-lAD- STATE RrlAD 25 5r'IUTHI"ILD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
October 27, 1981
Stephen F. Griffing, Jr.,
120 Court Street, Box 982
Riverhead, NY 11901
Esq.
Re:
Appeal No. 2914
Application of Norman C. Boos
Location of Property: South Side of Bay Avenue,
Cutchogue
Dear Mr. Griffing:
The N.Y.S. Department of Environmental Conservation,
Regulatory Affairs Unit, Building 40, Room 219, S.U.N.Y.
at Stony Brook, has recently informed our office that they
require application for a New York State Tidal Wetland
Permit for any subdivision of land into two or more lots
within 300 feet of a wetland.
Upon receipt of their approval, the Board will consider
this matter for public hearing.
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
CG:lk
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH N. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 c:DUTHOLD, L.I., N.Y. t1971
TELEPHONE (516) 765-1809
TO:
FROM:
DATE:
SUBJECT:
Southold Town Planning Board
Southold Town Board of Appeals
October 23, 1981
Appeals Scheduled for November 5,
Involving Planning Board
1981 ZBA Meeting
Gentlemen:
Referred to you herewith for your consideration are the fOllowing
matters:
(1)
Norman C. Boos. Appeal No. 2914. Mr. Boos has filed an
appeal for permission to divide premises into two parcels,
to wit, westerly marina parcel C~ have a total area of
72,325 sq. ft. and the easterly proposed-residential parcel
to have a total area of 45,546 sq. ft., each including land
underwater, located at the south side of Bay Avenue, East
Cutchogue. Article V, Section 100-51, Article III, Section
100-31 and bulk schedule.
(2)
Allan C. Dickerson. Appeal No. 296. Mr. 'Dickerson proposes
a 20' by 30' addition to existing business building with a
setback off the westerly property line of approximately five
feet. The subject premises is in a B-1 General Business
Zone. The Building Department requires approval by your
department. A copy of this letter is being forwarded to
.applicant in order that he may apply to your board.
A written reply is requested at the earliest possible date.
Yours very t~uly,
CHARLES GRI~NIS,~JR.
CHAIRMAN
CG:lk
Enclosures
June 1, 1978
xxxx
1802
xxxxxxxxxxx
Mr. Angelo G. Petrucci
Bay Avenue
Cutchogue, New York 11935
Dear Mr. Petrucci:
As you know, your business on the south side of Bay Avenue, Cutchogue,
New York, is classified as a non-conforming marina or boat basin.
According to our present zoning ordinance, a non-conforming use is any
use, whether of a building or tract of land, or both, existing on the
effective date of the zoning ordinance, which does not conform to the
use regulations of the district in which it is located. The definition
of a marina is any premises containing one (1) or more piers, wharves,
docks, moorings, bulkheads, buildings, slips, basins or lands under
water, designed, used or intended to be used primarily for the docking,
or mooring of boats, for or without compensation.
Using your letter of May 17, 1978, and the above definitions as a guide,
it seems to us that your non-conforming marina includes the following:
The seasonal operation of a marina or boat basin with docks or slips for
not more than thirty-five (35) non-commercial boats not more than 24 feet
in length. Special services for owners such as fresh water, electricity,
oil and gasoline are also permitted. We think that this service barge
is an integral part of your marina operation and may be stored on your
property when not in use.
You are not permitted to store boats, build boats or conduct the retail
sale of boats on your premises.
Hopefully, this clearly defines all permitted uses for your property. If
there are any other questions, please bring them to our attention.
Your very truly,
RWG:bcc
cc: Mr. Charles Grigonis
Mr. Edward F. Hinderman
ROBERT W. GILLISPIE, JR.
CHAIRMAN
June 18, 1979
Mr. James E. Gillies, President
Nassau Point Property Owners Association
P. O. Box 346
Cutchogue7 New York 11935
RE: Petrucci property, Skunk Lane, Cutchogue,
New York
Dear Mr. Gillies:
This will acknowledge receipt of your letter dated
June 4, 1979, regarding the Petrucci property on Skunk
Lane, Cutchogue, New Yor~.
I am enclosing herewith photostatic copies of two
letters: The first is a letter dated May 17, 1978, from
Angelo Petrucci addressed to the Board of Appeals. This
letter was written at the request of the Board to define
exactly what type of business Mr. Petrucci had conducted
on his property. The second letter is dated June 1, 1978,
and is the result of the afore~mentioned letter and an
informal discussion held with Mr. Petrucci at the May 4,
1978 meeting. I believe the letter to Mr. Petrucci is
self-explanatory.
Please be advised that it is our understanding that Mr.
Petrucci sold his marina parcel to Mr. Norman C. Boos on
August 23, 1978.
If we can be of any further help, please do not hesitate
to contact us.
Very truly yours,
bcc
Enclosures
Babette C. Conroy, Secretary
Southold Town Board of Appeals
NASSAU POINT PROPERTY OWNERS AssnrI. IATIrlN
· P. 0. Box :346 0UTr~HOnuE:, L. J., N. Y. 11c~3.~
Zoning Board of Appeals1~
Board of Trustees
Town of Southold
Southold, N.Y. 11971
June 4,1979
Gentlemen:
Over the years we have observed the Petrucci boat marina
on Skunk Lane in Cutchogue expand to a sizeable operation°
We have been told that this business was star~ed before
residential zoning was ~dopted for this area. While this
property is not on Nassau Point,our members have an interest
in its use as it is on the only access road to our area.
Apparently, this business has now been sold and we are
interested in making sure that this non-conforming use
is not expanded in the future.
We would appreciate receiving from the Zoning Board of Appeals
and the Board of Trustees copies of the most recent permits
which define how this land may be used commercially and
what defined areas may be dredged and bulkheaded and used
for the mooring of boats. We are also interested in what
businees can be carried on ( i.e. sale of gasoline, rest
rooms, food and ~beverage sales, staring of boats off-season,
etc.). Our Board of Directors may then observe the continued
compliance with the permits and report any exceptions to
the proper Town of Southold officers.
We feel that the Town of Southold has provided a valuable
tool in its use of property and waterfront uses. We hope
that we can help in this area of protection for the Town
and the residents of Nassau Point.
Gillies,
resident.
XXXX
1802
May 16, 1978
Mr. Angelo G. Petrucci
Bay Avenue
Cutchogue, New York 11935
Dear Mr. Petrucci:
Relative to your appearance before the Board of Appeals
on Thursday, May 4, 1978, the Board would appreciate
your setting forth all phases of business that you
conducted on your property on the south side of Bay Avenue
since you have owned the property.
Upon receipt of this ~D~ormation, we should be able to
solve all problems concerning this property.
Thank you for your help in this matter.
Yours truly,
RWG:bcc
ROBERT W. GILLISPIE, JR.
CHAIRMAN
SOUTHOLD TO~N BOARD OF APPEALS
~21- May 4, 1978
MR. SNYDER: It is, These here are worth about $75,000.00. We
are not spraying with any turbin equipment out there.
THE CHAIRMAN:
side of the road.
a few years ago.
You would not particularly leave this along the
Due to tke fact that we. had a loader stolen here
MR. GRIGONIS: I think this is probably the best ~6e'-in'the~
area for this ....
THE CHAIRMAN: Are there any other questions concerning this
application?
(There was no response)
After investigation and inspection, the Board finds that the
applicant requests permission to base helicopters on a portion of farm-
land during the farm spraying season. This is a necessary adjunct to
agriculture and that the operation proposed does not constitute an
airport.
The Board finds that strict application of the ordinance would
produce practical difficulties.or unnecessary hardship; the hardship
created in unique and would not be shared by all properties alike in
the immediate vicinity of this property and in the same use district;
and the variance will not change the character of the neighborhood,
and will observe the spirit of this Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Albert Orlowski, Main Road, Cutchogue, New York
(Richard J. Cron, Attorney), be GRANTED permission tobase helicopter
on a portion of farmland during the farm spraying season. Location of
property: Sterling Lane, Cutchogue, New York, bounded on the north by
Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and
west by Scott, subject to the following conditions:
(1) The location chosen by the Applicant for use as a heliport
shall be used only for the purpose of agricultural purposes.
(2) Shall not be used before May t5 or after October 30.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
Mr. Angelo Petrucci appeared informally before the Board relative
to his summons from the Building Inspector regarding his marina. The
Board will write a letter informing Mr. Petrucci specifically what he
is legally able to do with this Marina.
Bsuth~ld T~w~ ~oa~d o~ppeals
'~outhold,L.I.,E.y.
Attention. Robert W.Gillispie,Jr. Chairman
~y 17,i978
Dear Sir.
In reference to your letter dated May 6.1978 about the business Iconduct
on the South Side of my property on Bay Avenue or Shunk Lane Cutchogue,N.y.
To the best of my knowledge I give yo,z the following information.
I bought my property in 1947 from iv~. Ralph Sterling of Cutchogue.
In 1948 I applied for and received a dredging Permit foom Southold To~wn
Trustee ~ Goldsmith with approval of Supervisor Norman Klipp, to Dredge
my property for the purpose of a Boat Basin or Marina.
In the fall of 1948 I hired the South Shore Dredging Co. of Patchogue,N.y.
To Dredge the Boat Basin for me.
By 1950 the Boat Basin was in full working operation with fresh water and
electricity. That same year I accommodated dockage for about 18 or 19 boats
By 1954 I had 28 boats more or less,that year I started to sell gas and oil, ~
for the convenience of my customers.
In 1957 members of the zoning Committee consisting of the followin~ members,~
Otto Van Tyle,Harold Reeve, and John wickham insoected and approved the
existance of my present Boat B~sin and agreed th4t this community was in
need of this type of service ,as all my customers then and now are neighbors,
and residents of Nassau Pto and Nassau Farms,who need the facilities that
this Boat Basin provide
In reference to this same property I would like to Point oUt and have the
Board be aware of that I was in the Dredging,Excavating and Bulkheadlng
Business from 1954 To 1974, and conducbed all phases of this business
including the Boat Basin Business on the same Parcel of Preperty.
As of to date I could accommodate with ease Forty or Forty Five Boats
Between Sixteen or Twenty Four Feet.
However for my purpose I choose to keep Thirty Two to Thirty Five Boats.
Hoping this resume will meet with your approval,and I will receive a
Statement from your Board.
Thank You very much. ~~ ~~
Yours Truly ~2ql~LO P~T~UOCI
Broadwaters Cove Boat Basin
Bay Avenue
Cutchogue L.I.N.Y. 11935
Code 516-7345 6684
Attached fin~ one of my Sillheads.
Memorandum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971 .
765-1809
To:
From:
Memorandum from ....
Southohl Town Board (,f Appeals
TOWN HALL, Sou:'rHOLD, N.Y. 11971
765-1809
To:
From:
Date: ~h/w'~
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
SOUTHOLD, NEW YORK
WETLANDS PERMIT
45
This Wetlands Permit No ..................... has been granted by the Southold Town Board according to
information furnished in Application No ..... ,,~..9. ........... filed by Applicant ....~.o..~..m..~....C..=....~...o..o...s. ......
........................................ on ....~Q.~.~Rgb.~r...1.? 19~.Q ..... A map of the proposed work will be kept
on file in the Town Clerk's Office under the application number given.
Permit granted to do the following work ...... .d.?.~.e...c~e.~.b~..~..1...~.'h..e'..a:.d.~..~.?.~.~.S.~j:..d..e.~.~ ...............
existing marina.
rtA--A Broadwaters Cove Marina,
Location of property on which work to be _u.u .....................................................................................
...B..a.y.....A..v...e..n..u.e./...S..k..u..nlk Lane Cutchogue New Y.or.k.: .....................
Creek, Bay or Harbor fronting property Broadwaters Cove
Size of work: Length Approximately 140 ft. ',,, ,/,~,,,{ .k~ ,,/
Width 4 ft. to 5 ft.
Height Above High Water ..... .1....~.t..:....6.....J:.?..: ...............................................................
Depth Below Low Water ...................: ................ : ....... ; ........................... ...' ......................
Yards to be Excavated .~.p..p..?..o...x..5..m..,a:~.?..]:.y.....3...0..0....¥..d..s..:. ................
Yards to beFilled Approximately 100 yds.
Manner in which material is to be removed or deposited Removed - crane and dump truck.
Deposited - dump truck and front end loader.
Intended use of property Access to docked boats.
Conditions if any Work to be accomplished to be followed strictly in
.a..q.q.o...r..d.?,...n..e..e...w...i.~.h.. attached plot plan as submitted by Norman C. Boos.
~k~iuc~x..~unatr~ct.io~..~m..in~lu~e...de~d..m¢~..~d..~..r.Q~...~ ................
standard bulkhead construction.
Numberoflnsp~tionsRequired ......................................................
Inspection Fees ................................ ~..-..': ...............................................................................................
Liability Policies in the Amount of ---
The validity of this permit is or may be subject to the approval of other governmental or municipal
authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit shall not commence operations here-
under until such approval has been obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the
Town Clerk of written notice from such other governmental or municipal authorities of its refusal or
The applicant does by the acceptance of this permit, assume all responsibility for operations under-
taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons
and property resulting from such operations. By such acceptance, the applicant also agrees to indemni-
fy and save harmless the Town, and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of applicant, his agent and
employees.
The applicant and the owner and occupants of the premises upon which the operations authorized by
~is permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and
its officers and employees to enter upon the premises where such operations are being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially: A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
S i g n ed~:;;~._......¢:f~..~.'.~ ........ ~ .'~.'..~ .............
Town Clerk, Town of So,hold
Date JanUa.r..y. 13., 1981
-6-
Southold Town Bo~d of Appeals
MINUTES- Continued
September 18, 1958.
Chairman read the application, letter to sppl~cant advising of date of
public hearing, legal notice with affidavit from the official newspaper
attesting to its publication and letter from Mr. William Wlckham, attorney
for Mr. Victoria, to which he attached s letter signed by Elizabeth Bedell
granting permission to W~lliam Victoria to erect and maintain a sign on
her property in Peconic, New York.
There was no one present to speak either for or against the appeal. Board
studied the application end unanimously granted the special exception to
erect a directional sign, dimensions of which are to be approximately
the same as that formerly advertising the Cedar Beach Inn in the same lo-
cation. Sign to advertise only the facilities provided by Victoria's
Cottages and to be located on the property of Elizabeth Bedell, south side
of Main Road, Peconic, New Y~rk.
Sign to be located not closer than 5' from any property llne, not to exceed
15'6" from ~round level to upper edge and lower edge of sign to be at
least 3' from ground level. Permit is valid until~ revoked.
Minutes of the September llth meeting were read. On motion made by Mr.
Rosenberg, seconded by Mr. BerSen, and carried. Minutes were approved
as submitted.
Chairman read letter received from Mr. S. F. Sarnowski, Secretary of the
Nassau Point Property Owners Association, Inc., in which it' was stated
that he was attaching a petition signed by the members and residents of
the sssocAation with respect to the parking of Angelo Petrucci on the
south side of Bay Avenue.
The Board unanimously agreed to have the Chairman write Mr. Sarnowski
advising that it was the board's suggestion that the parking of trucks
and equipment of Angelo Petrucci occurs on Mr. Petrucci's property ~nd
that it was also the board's understanding that Mr. Petrucci conducts
a non-conforming business estsblised prior to the enactment of the Eoning
Ordinance, and to inform Mr. Sarnowski that the board has no control of
the situation referred to and assumes that if Mr. Petrucci parked his equip-
ment within the boundary lines of Bay Avenue it might be a matter for
police investig,tion.
By resolutio~the Board agreed to set the time of hearing on the.applic-
ation of Clifford Tyler, application for s Special Exception, for 9 P.M.
on October 2, 1958. Legal notice to be published in the official newspaper
on September 25, 1958.
Although hea~in~ is scheduled for 9 P.M. on October 2, 1958, be resolution
Board agreed to meet at 8 P.M. on this date.
Next meeting of the Board is scheduled for 7:30 P.M. on Thursday, Septem-
ber 25, 19%8.
Meeting adjourned at 10:35 P.M.
Respectfully submitt4d,
Grace B. Meyer
Secretary
.!
MINUTES OF PUBLIC HEARING
HELD DECEMBER 16, 1980
WETLAND'APPLICATION OF CAROL GALGANO
WETLAND APPLICATION OF NORMAN C. BOOS
A public hearing was held by the Southold Town Board at the
Southold Town Hall, Main Road, Southold, New York on Tuesday,
December 16, 1980 at 3:30 o'clock p.m. concerning the application
of Carol Galgano and at 3:35 o'clock p.m. concerning the applica-
tion of Norman C. Boos, both for a permit under the provisions
of the Wetland Ordinance of the Town of Southold.
Present were:
Supervisor William R. Pell, III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman George R. Sullivan
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent was:
Justice Francis T. Doyen
SUPERVISOR PELL opened the hearing at 3:30 o'clock p.m.
COUNCILMAN NICKLES read the legal notice of hearing concerning
the Galgano application, as follows:
...NOTICE IS HEREBY GIVEN that public hearings will be held
by the Town Board of the Town of Southold at the Southold
Town Hall, Main Road, Southold, New York on December 16, 1980
as follows:
3:30 o'clock P.M. in the matter of the application of
Carol Galgano for a permit under the provisions of the Wet-
land Ordinance of the Town of Southold for permission to
construct a catwalk, ramp and floating dock on her property
located on a right-of-way off of the north side of Westphalia
Road, on Mattituck Creek, Mattituck, New York...
All persons interested in said matters shall appear
the time and place above specified and will be given an
opportunity to be heard.
at
Dated: December 2, 1980. JUDITH T. TERRY, TOWN CLERK
Page 2
December 16, 1980
Public Hearing Carol
Galgano and Norman C. Boos
COUNCILMAN NICKLES (continued): I have proof of publication
from the Long Island Traveler, Patricia Wood, and also proof of
publication from Joan Gustavson of the Suffolk Times, and proof
from the Town Clerk, Judith T. Terry that it was affixed to her
Bulletin Board. We have a letter from the Chairman of the Southold
Town Conservation Advisory Council, to the Town Clerk, which reads
as follows:
...The following action was taken
Conservation Advisory Council at a
November 25, 1980.
by the Southold Town
regular meeting held
RESOLVED to recommend to the Southold Town Board
approval of wetland application of Carol Galgano to
place a catwalk over wetlands at private property of
the applicant at Mattituck Creek.
Yours' truly,
Frank Cichanowicz III
Chairman ....
We have another letter addressed to the Town Clerk from Mrs. Anna T.
Hataier, President, Board of Town Trustees:
...The following action was taken by the Board of Southold
Town Trustees at a regular meeting held December 3, 1980:
RESOLVED to recommend to the Southold Town Board approval
of the wetland application of Carol Galgano to erect catwalk
over wetlands at private property of the applicant at Matti-
tuck Creek with the condition that the catwalk be kept in
line with the existing catwalk and be kept above the grass.
Yours truly,
ANNA T. HATAIER, PRESIDENT
BOARD OF TOWN TRUSTEES ....
SUPERVISOR PELL: Thank you very much. Does anybody wish to
speak in favor of the application? In favor of the proposed ap-
plication? Does anybody wish to speak in opposition to the
application? Does anybody wish to speak on the application at all?
(There was no response.) I will declare the hearing closed.
SUPERVISOR PELL: And we have another hearing.
COUNCILMAN MURDOCK read the legal notice of hearing concerning
the application of Norman C. Boos, as follows:
Page 3
December 16, 1980
Public Hearing - Carol Galgano and Norman C. Boos
...NOTICE IS HEREBY GIVEN that public hearings will be held
by the Town Board of the Town of Southold at the Southold
Town Hall, Main Road, Southold, New York, on December 16,
1980 as follows:
3:35 o'clock P.M. in the matter of the application of
Norman C. Boos for a permit under the provisions of the Wet-
land Ordinance of the Town of Southold for permission to
dredge and bulkhead the' west side of an existing marina,
Broadwaters Cove Marina, at Broadwaters Cove, Skunk Lane,
Cutchogue, New York.
All persons interested in said matter shall appear at the
time and place above specified and will be given an opportunity
to be heard.
DATED: December 2, 1980 JUDITH T. TERRY, TOWN CLERK ....
.COUNCILMAN MURDOCK (continued): I have an affidavi~ from Pat-
ricia Wood that it was published in the Long Island Traveler-Watchman.
I also have an affidavit of publication from Joan Gustavson for the
Suffolk Weekly Times. I have an affidavit from Judith T. Terry that
the public notice has been on display on the Town Clerk Bulletin Board
at the Town Hall. I have a letter from the Board of Town Trustees to
Mrs. Judith T. Terry:
...The following action was taken by the Board of Southold
Town Trustees at a regular meeting held December 3, 1980:
RESOLVED to recommend to the Southold
of the wetland application of Norman C.
bulkhead west side of existing marina.
Town Board approval
Boos to dredge and
It wa~ discussed and Mr. Boos understands that there is
no work to be done on the south side and this work will only
go to where 'it turns at the retaining wall on the end.
Yours truly,
ANNA T. HATAIER, PRESIDENT
BOARD OF TOWN TRUSTEES ....
I also have a letter from the Conservation Advisory Council to Mrs.
Judith T. Terry:
...The following action was taken by the Southold Town Con-
servation Advisory Council at a regular meeting held Novem-
ber 25, 1980.
RESOLVED to recommend to the Southold Town Board approval
Page 4
December 16, 1980
Public Hearings Carol Galgano and Norman C. Boos
of wetland application of Norman C. Boos to dredge and
bulkhead west side of existing marina.
Yours truly,
FRANK CICHANOWICZ III, CHAIRMAN
CONSERVATION ADVISORY COUNCIL ....
We also have in the file several letters from citizens expressing
their approval. I don't'think it's necessary to read all the
letters. One is from Arnold M. Behrer, Jr., M.D. of Stewart Avenue,
Garden City. One from James Reale, 7845 Skunk Lane, Cutchogue.
One is from W.J. Schneider, 92 Stony Ridge Drive, Hillsdale, New
Jersey. We have one other from Gerard Galliano, RD l, Box 47,
Cutchogue, New York.
SUPERVISOR PELL: Thank you, Larry. Does anyone wish to speak
in opposition to the application? Speak in opposition to the appli-
cation? ~
GERARD CONROY: My name is Gerard Conroy, and I live in Cutchogue.
In fact I live in Broadwaters Cove. I am representing the Broadwaters
Cove Association. I would ask one question from Mr. Murdock's reading,
are all the applicants or those who are pro, are they living in the
area, or are they customers to Mr. Boos?
MR. BOOS: I think everyone that you read just lives in the
area. They own property on Nassau Point.
MR. CONROY: All right. Then I'll proceed. I am speaking in
opposition to this and I would ask that it will be withheld. There
was an advertisement from the Department of the Army, and we did
ask for input. We did respond individually and as a group. I have
a letter here that we did forward to the Department of the Army, Mrs.
Lynch, I believe it was. And we have various signatures that need
be I would submit--this letter and the signatures to the Board. We
do feel in opposition to this. We do feel it would be detrimental
to our area. As far as .the bulkheading is concerned. And the
finger docks are already in, and we feel that there is no necessity
to further bulkhead that area, that it would completely destroy the
wetlands on the west side of Mr. Boos' marina. This is the only
issue we have Mr. Boos. It was nothing personal about this--because
we are property owners in the area that we are doing this. Thank
you.
SUPERVISOR PELL: Thank you. Does anybody wish to speak in
opposition to the applicant? Mr. Gardner?
W.S. GARDNER: My name is W.S. Gardner. I'm President of the
Nassau Point Property Owners Association. I'm not sure I want to
Page 5
December 16, 1980
Public Hearing Carol
Galgano and Norman C. Boos
(W.S. Gardner continued):
speak in opposition, but I have some points that I want to make.
Over the last 20 years, I've seen this marina grow a little bit
here, a little bit there, and t think it's time to stop it. There's
nothing we can do about the nonconforming use that's there. We want
to keep it the way it is without any growth, without any, I call it,
nudging size of growth--a little bit here, a little bit there, has
been going on for the last 10 or 15 years. I think we all know that.
We feel very strongly on Nassau Point, some of our members use it
and want to keep it the way it is, without any growth, without any
more activity there. We have a letter from the Town Board of Appeals
which rigidly defines the use of that marina, and believe me we on
Nassau Point will watch that very closely to the extent that we can.
Another point that I feel I don't really have an answer for it
now, this is a business in a residential area, and today it was
brought home to me when I received the tax bill to my property. I
know businesses are taxed on maybe a different assessment value than
private properties, and few of us plan to look into the assessed
value of this property with all the many thousands of dollars that
have been put in over the last five years. And we will probably
have more on that. That's my only comment.
SUPERVISOR PELL: Thank you, Mr. Gardner. Does anybody else
wish to speak in opposition to the application? Does anybody wish
to speak in favor of the application? Mrs. Petrucci?
MRS. A. PETRUCCI: My husband and I are the former owners of
this marina, and what Mr. Boos has done is within what the Board
of Appeals told him he could do. He does not wish to extend this
any more than the 38 boats he can put. He is serving our community,
on Nassau Point. And we approve everything he has done, and we are
just opposite him and all his immediate neighbors do too. That's
all I've got to say.
SUPERVISOR PELL: Thank you, Mrs. Petrucci. Mr. Petrucci?
MR. A. PETRUCCI: I want to answer 'to, I don't know what's his
name, the new comer over there--
SUPERVISOR PELL: Mr. Gardner.
MR. PETRUCCI: Yes, a ( ) you never know what's he talking
about. The bulkhead that they's talking about not to do over there,
that was approved by the Army Engineer, by the Environment Depart-
ment, by the Southold Town Board by Albert Martocchia, by. the Zoning
Inspector Howard Terry, because only five or six years, up to five,
six, seven foot of land over there--from East ( ) to West of Bay. If
we no put a bulkhead over there, the bank will keep going to wash
down, wash down, wash down, and we going to lose the property over
there. That's an important reason to build a bulkhead. What is he
talking about? He no live in a waterfront. He don't know what a
Page 6
December 16, 1§80
Public Hearing Carol Galgano and Norman C. Boos
waterfront is. He don't know. That's all I got to say.
SUPERVISOR PELL: Thank you.
favor of the applicant? Yes, sir,
your name.
Anybody else wish to speak in
please use the mike and state
WILBUR A. BALDWIN: Yes, my name is Wilbur A. Baldwin, 1725
Nassau Point Road, Cutchogue.. I have an interest in this situation.
I rent a space from Mr. Boos. I have a 22-foot O'Day sailboat,
which I can't even put on my own property in Broadwaters Cove be-
cause of shallow water. I have watched the progress since Mr. Boos
has taken over this property, and I think it's a definite credit
to the area, and me as a boat owner, I plan on putting a second
boat over there. I would like to see it go through.
SUPERVISOR PELL: Thank you. Anybody else wish to speak in
favor of the applicant? Anybody wish to speak at all on the
application for Mr. Boos? Yes, sir?
HENRY STEINBRECKER: My name is Henry Steinbrecker, and I
live on Nassau Point. t understood Mr. Murdock to say that he
had an application to bulkhead this property and to dredge it.
Now on my way to the point, on my out of the point, for several
weeks there was dredging going on the north side of the marina,
and there was dredging being done on the west side, and the
permit hasn't been granted yet, then I say the whole thing is
illegal. Thank you.
SUPERVISOR PELL: Thank you, Mr. Steinb~recker. Mr. Norman
Boos?
MR. NORMAN BOOS: When I first started this project I came
to the Town and I asked the Town what permits I needed. The
Town told me I need the State permit, I need the Army Engineers
permit. It took me one year to get those permits. After I
received those permits, I came down to the Town, I brought them
copies of all my permits. I asked, "What else do I need?" I
was told, "Nothing." From there I proceeded with the work. I
worked for one year until I got stopped. And that's whY I'm
here. The only reason I didn't have the permit was because I
was told I did not need it.
SUPERVISOR PELL: Thank you, Mr. Boos.
W.S. GARDNER: Who told you that? I'd like to get it on
the record who told him that.
MR. BOOS: The girl in the Board of Trustees.
W.S. GARDNER: What's her name?
Page 7
December 16, 1980
Public Hearing Carol Galgano and Norman C. Boos
MR. BOOS: I don't know her name.
MR. GARDNER: An important point like that and you don't know
the name, Mr. Boos?
MR. BOOS: Her name is down on the desk--
MR. GARDNER: And we can question her on that?
MR. BOOS: Yes.
MR. PETRUCCI: Excuse me, I also had an indication to build a
bulkhead over there and I came down here, I came in the meeting,
and Mr. Horton was the chairman of the meeting at the time I was
there, the Trustees. Mr. Horton told me in front of the Trustees
and everybody else that the private property is a bottom that ( )
and we have no jurisdiction. As far as we concerned, you can do
whatever you want to do over there and we can not issue a permit
at all. That's the Trustees of Southold Town. ~
SUPERVISOR PELL: One at a time. One at a time. Mr. Petrucci,
are you finished?
MR. PETRUCCI: Yes.
SUPERVISOR PELL: Mr. Gardner, do you want to say something?
it.
W.S. GARDNER: Yes. Apparently the Trustees are at fault on
SUPERVISOR PELL: Apparently we do not know. We are having
a hearing today to get all the facts out, and then the Town Board
wilt go from this. We are pointing the finger at no one. We want
to get the facts out, get input today, then the Board will deliberate
and go ahead. Anybody else wish to be heard on the application at
all? Yes, sir?
LEW PAINE: My name is Lew Paine. And I would like to know
to what extent this gentleman, Mr. Boos, wants to develop this
project of his. How far is he permitted to go so that the residents
in our area have a concise understanding. Would you please answer
that for me?
SUPERVISOR PELL: Larry will read the application again.
Description of work.
MRS. PETRUCCI: And you have the letter from the Board of Appeals
which tells you exactly what Mr. Boos can do when we sold it to him.
SUPERVISOR PELL: I think that letter is dated June l, 1978.
Page 8
December 16, 1980
Public Hearing Carol Galgano and Norman C. Boos
MRS. PETRUCCI: That's exactly right, sir.
COUNCILMAN MURDOCK: We have that.
MRS. PETRUCCI: And it states
do. If you would read it, I think
here.
what he can do and what he cannot
it would satisfy this gentleman
SUPERVISOR PELL: What 'the question is
and we will stay with the question that was
application?
that the gentleman asked
asked, what was in his
COUNCILMAN MURDOCK: "...Norman C. Boos, Broadwaters Cove.
Instructions for Permit. Permit requested to dredge and bulkhead
west side of existing marina. Location of property: 'Broadwaters
Cove Marina, Bay Avenue, Skunk Lane. Size of property work: the
length approximately 140 feet. The width, 4 to 5 feet. Height above
high water: 1'6". Depth below low water: 4'. Yards to be
Excavated: Approximately 300 yards. Yards to be filled~: approxi-
mately 100 yards. Width of canal, creek or bay fronting property:
165'. Depth at low tide: 4 to 6 feet. Average rise in tide: 2'6".
Business. Area zoning: nonconforming. Manner in which material
will be removed or deposited: removed crane and dump truck.
Deposited - dump truck and front end loader. Intended use of the
property: access to docked boats .... " Does that answer your
question, sir?
MR. PAINE: Yes, it did. It answers it to a point. But I
think the general public in our area, the residents, feel that he
is going beyond that point.
SUPERVISOR PELL: And we have a
he doesn't go beyond that point. If
then it will be in violation.
Building Department to be sure
he did go beyond that point,
MR. PAINE: And he has built the bulkhead that I understand
had filling behind it to increase and enlarge that property.
SUPERVISOR PELL:
would have known. The
and make sure he stays
I'm sure if he was the Building Department
Building Department will issue and enforce,
in with whatever regulations he has.
MR. PAINE: Have you seen that property?
SUPERVISOR PELL: Personally myself?
MR. PAINE: Yes.
SUPERVISOR PELL: No, sir. Not in the last six ~onths. We
were down there six months ago and saw it. Five months or so.
Page 9
December 16, 1980
Public Hearing Carol
Galgano and Norman C. Boos
MR. PAINE: I advise you to see it now.
SUPERVISOR PELL: Gentleman in the back of the room?
CARL BOOS: My name is Carl Boos, brother of Norman Boos, and
there seems to be quite a bit of confusion as to what the dimensions
are of this property. My brother and I are in business together,
and a few years ago he came out and bought this piece of property
and so expressed desire to move out here permanently. He has a boat
which everyone knows is moored at the property, for like 10 years.
He had it in another marina in the area and he has been coming out
here for, I'd say, a good 12 years and he fully intends using this
as a supplemental income and he intends building his house right
next door. Now I'm sure that, anyone at least stop and think about
it, he's not going to have a boatyard there with five million boats
during the winter and live next door when no one else wants to.
Thank you.
SUPERVISOR PELL: Thank you. Does anybody else wish t.o be
heard on the application at all? Mr. Frank Bear.
MR. FRANK BEAR: I have seen this area, of course, and my
concern would be that the project would go into the wetlands.
I don't know whether there's 140 feet that he's asking to go back
actually goes in the wetlands because I haven't measured that.
But I would hope that if any approval is given on this, it would
be given with the specific requirement that no wetlands be disturbed,
that none of the spartana grass be disturbed.
SUPERVISOR PELL: Thank you. Does
heard on this application? Yes, person
Environmental Council, Mrs. Ruth Oliver.
anybody else wish to be
from the North Fork
MRS. RUTH OLIVER: Ruth Oliver. I'd just like to ask Mr. Boos
if he was given a ticket by the D.E.C.
MR. BOOS: On what?
MRS. OLIVER: On your dredging or puttqng spoil up on wetland?
MR. BOOS: Nodded n6oatively.
MRS. OLIVER: Are you sure? I'd like to refer this with the
D.E.C. because I was given the understanding that he was given a
ticket for $250.00.
MR. BOOS: That was not on this.
MRS. OLIVER: What was it for then?
MR. BOOS: That was for the finger slips which has nothing to
do with this issue.
Page 10
December
16, 1980
SUPERVISOR PELL: No. Right. We have two issues here. That
one
got mixed up. I'd like to keep one issue--
MRS. OLIVER: May he answer it, Mr. Pell?
SUPERVISOR PELL: I will be on the record, Mr. Boos.
SUPERVISOR PELL: I would like to stay on this one issue if I
could. He has two different, permits. We are aware of that. We
are on this one before us now.
MRS. OLIVER: All right, thank you.
Anybody else wish to be heard on the application
not, I will declare the hearing closed and reopen
regular Town Board meeting.
The hearing was declared closed at 4:00 p.m.
Respectfully submitted,
Linda F. Kowalski
SUPERVISOR PELL:
before us now? If
the
· LEGAL NOTICE
· NOTICE OF HEARINGS
NOTICE 1S HEREBY
GIVEN that public hearings
will be held by the Town Board
of the Town of Southold at the
Southold Town Hall, Main
Road. Southold, New York, on
December 16, 1980 as fol-
lows:
3:30 o'clock P.M. in the
matter of the application of
Carol Galgano for a permit
under the provisions of the
Wetland Ordinance of the
Town of Southold for permis-
sion to construct a catwalk,
ramp and floating dock on her
property located on a right-
of-way off of the north side of
Westphalia Road, on Mattt-
tuck Creek, Mattituck, New
,York,
3:35 o'clock P.M. in the
matter of the application of
Norman C. Boos for a permit
under the provisions of the
Wetland Ordinance of the
Town of Southold for permis-
sion to dredge and bulkhead
the west side of an existing
marina, Broadwaters Cove
Marina, at Broadwaters Cove,
Skunk Lane, Cutchogue, New
York.
All pei'sons interested in
said matters shall appear al;
the time and place above
specified and will be given an
opportunity to be heard.
DATED: December 2, 1980
JUDITH'F. TERRY
Town Clerk
TOWN OF SOUTHOLD
1T, 12/4/80 (4)
C
COUNTY OF SUFFOLK
STATE OF NEW YORK
Potricia Wood, being duly sworn, says that she is the
Editor, of THE LONG tSLAND 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 J
........................................ weeks
successively, commencing on the ..... ~ ...........................
da~ .................... , 19..~.~--.~
Sworn to before me this ........... ,~. .................. day of
19...~?...
Nota~ Public ~,--~ ...............
Southold Town Board of Appeals
h4AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Mr. Norman C. Boos
One Cedar Street
Massapequa, NY 11758
Re: Appeal No. 2914
June 16, 1982
Dear Mr. Boos:
Today we received the enclosed correspondence from the Suffolk
County Planning Commission.
At your earliest convenience, please submit a sketch indicating
the number of boat slips and available parking spaces (350 square
feet each) on the parcel to be used solely for marina purposes.
If you have any questions, please do not hesitate to call our
office.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11cj71
TELEPHONE (516) 765-1809
July 20, 1982
To:
Mr. Gerald G. Newman, Chief Planner
Suffolk County Planning Commission
Veterans Memorial Highway
Happauge, NY 11787
Re: Appeal ~ 2914
Norman C. Boos
Dear Mr. Newman:
Enclosed for your file is the reply we received pursuant to
your request of June 14th.
Very truly yours,
LC
Enclosure
GERARD p. GOEHRINGER
CHAIRMAN
By, Linda Kowalski, Secretary
APPEALS 8OARD
M~:MBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- E~TATE ROAD 25 SOUTHOLD, L.I., N.Y, 11~J?1
TELEPHONE (516) 765-1809
July 19, 1982
To:
Mr. Gerald G. Newman, Chief Planner
Suffolk County Planning Commission
Veterans Memorial Highway
Happauge, NY 11787
Dear Mr. Newman:
Please find enclosed copy of decision in the above matter
your file.
Thank you.
Very truly yours,
for
Enclosure
Gerard P. Goehringer
Chairman
By Linda Kowalski, Secretary
$outhold Town oard of Appea!
MAIN ROAD- STAT£ ROAD 25 S0UTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINCER, CHAIRMAN
CHARLES GRIGO~IS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICK[
July 15, 1982
To:
Stephen F. Griffing,
120 Court Street
Riverhead, NY 11901
Jr., Esq.
Mr. Norman Boos
1 Cedar Street
Massapequa, NY
11758
Dear Sirs:
Please find attached herewith a copy of the formal findings and
determination recently rendered and filed this date with the Office
of the Town Clerk concerning your application.
Yours very truly,
LC
Enclosure
Copy of Decision to:
Building Department
Planning Board
GE~RD P. GOE~INGER
C~IR~N
By Linda Kowalski, Secretary
inkld sell e'MliimildlIM M nM b6 c~-~idemd ~o be ·
vMid N//.
G~l~M~ll~kllllk~e In(/JcMed hereon shaft run only
tO the W ~fW~ft the ~urvey is prepered, and On his
behalf to ~ ~e~mflanY. ~evemmental agency and len-
ding ~ ~ hereo~, end to the assignees of the
lendi~l ~ Guarantees or certifications are not
~anaM~a~e t~ eddltlo~l institutions or subsequent ownem.
MARINA
TOTAL AREA = 72,$25 S@, IrT.
WATER AREA * $,5,$00 $0. IrT.
LA,FOAMEA $?.025 S0. IrT.
BUILDING LOT
TOTAL AREA . 4~,$46 SO. IrT.
AVENUE
MARINA
N/
NAN~' GRA NAM
I000 - I0~i - 08 - 2.1 ,~ 2.3
CONTOUR LINE AND EL£VATION$ ARE RE'Ir~RENCED TO U.S.C ~ ~. DATUM
MAP OF PROPERTY
/VOF~M,,d N C. BOOS
AT EAST CUTCHOGUE
TOWN OF $OUTHOLD
SUFFOLK COUNTY, N.Y.
SCALE: I'8 /00'
AUG. 19, 1981
OCT. 15, 1981
ROBERT A, KART
LAND SURVEYOR
N. YI. LIC. NO.I~TEB
RIYERH£A~ N.~
· 5 kc\
~5
B_~OADV/A TEte$
TOWN OF
I ~JNDERWAT/R LANO)
31 4 A(c)
SOU, HOLD
'1 I.OA(c)
Bt~OADV/A
TOWN OF
31,4 k(c )
BROAD'.~t~ TERS CO ,WE
3L 4 A(c )
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
BOARD OF APPEALS
TOWN Ok SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
INTER-DEPARTMENTAL MEMORANDUM
TO:
FROM:
RE:
DATE:
Principal Inspector Victor Lessard
Code Enforcement Officer Vincent Wieczorek
Town Attorney Harvey A. Arnoff
Asst. Town Attorney Matthew G. Kiernan
Board of Appeals
NPPOA Letter Received July 18, 1991
Complaint Received Concerning Boos Marina
July 22, 1991
Transmitted herewith is a letter, with attachments, from John J.
Slattery, President of the Nassau Point Property Owners
Association (NPPOA) requesting an investigation or other action
to correct possible violations at the Skunk Lane, Cutchogue
marina site, which is not, as you know, in our purview.
We are attaching for your convenience and use copies of the
current assessment property card and ZBA memorandum outlining
the restrictions and conditions of the marina site.
Attachments
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Diniz~o, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN O~ SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 22, 1991
Mr. John J. Slattery, President
Nassau Point Property Owners Association
P.O. Box 346
Cutchogue, NY 11935
Re: Boos Marina at Skunk Lane, Cutchogue (1000-104-8-2.5)
Your Request Concerning Enforcement
Dear Mr. Slattery:
We are in receipt of your recent letter concerning observations
by the Association Members of violations.
Inasmuch as you are requesting enforcement of possible
violations, we have transmitted your letter to Principal
Inspector Victor Lessard and Vincent Wieczorek, Code Enforcement
Officer, both in the Building Department and the Town Attorney's
Office for the appropriate courses of action.
Since the Board of Appeals is of a quasi-judicial nature, we are
not authorized by law to enforce violations or to investigate
complaints. Data from our files concerning the conditions and
restrictions imposed at the marina site and necessary for proper
enforcement has this data been distributed to both departments.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Copies of This Letter with ZBA File Data to:
Victor Lessard, Principal Inspector
Vincent Wieczorek, Code Enforcement Officer
Harvey A. Arnoff, Town Attorney
Matthew Go Kiernan, Asst. Town Attorney
ZBA Members
NASSAU POINT PRnPEtRTY OWNERS ASSI-II~.IATION
P. O. Box
Zoning Board of Appeals
Board of Trustees
Town of Southold
Southold, N.Y. 11971
1193S
Gentlemen:
The purpose of this letter is to call your attention to what we believe are clear cut
violations of the town zoning laws. We are concerned that the non-conforming
marina located on the south side of Skunk Lane, Cutchogue has grown beyond the
size and scope as outlined in your June 18, 1979 letter to the then owner.
Recent observations by our members indicate the following matters for you
investigation:
· The marina has grown to thirty seven (37) boats from the thirty five (35) as shown
in the attached letter
· An additional eight boats are now secured to a cat walk which runs along the
south side of what we understand isa residential lot, next to the original marina
· Not only has the number of boats grown by 28% but we now have the adjoining
lot being used for boat storage
· A house trailer has also been added to the adjoining lot and we believe that this
trailer is being used as an office
In light of our previous correspondence, and the letter of understanding which the
town issued to us on Jur~e 18, 1979, we find thisto be a totally unacceptable
situation. We request that you move to immediately correct these violations and
that you inform us of your course of action and timetable.
Sincerely,
JP°reh~Snl~tte rY
py/JJS
attachments
$outhold Town Bo rd of Appeals
MAIN ROAD- C:TATE: ROAD 25 SOUTHOLD, L.I., N.Y, 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
INTERDEPARTMENT MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Judith T. Terry, Town Clerk
Jerry Goehringer, Chairman, Z.B.A.
November 7, 1983
Premises Now of Norman C. Boos (formerly of A. Petrucci)
Location: South Side Bay Avenue, Cutchogue
County Tax Map Parcel N6s. 1000-104-008-2.1 and 2.3
This memorandum is in reply to your November 3, 1983 request con-
cerning the premises of Norman C. Boos and located at the south
side of Bay Avenue, Cutchogue.
We'have reviewed the documents submitted with your request and have
researched the history of this property, finding as follows:
(A) The marina has been in existence as a nonconforming use since
the adoption of zoning in 1957 and is located in an "A-Residential
and Agricultural Zone."
(B) Pursuant to a ZBA letter of clarification to Angelo P~trucci,
who was the former owner of the premises, dated June 1, 1978:
(1) Operation of this marina was restricted to not more than
35 noncommercial boats, not more than 24 feet in length;
(2) No storage of boats and no sales of boats would be allowed.
(C) In Appeal No. 2914, a conditional variance was granted allowing
Memorandum -November 7, 1983
Judith T. Terry, Town Clerk
Re: Norman C. Boos Property
the construction of a one-family private dwelling, provided:
(1) the entire premises re~ain as one parcel [117,871 sq. ft.
of which 47,36~ sq. ft. are under water];
(2) there be a minimum of 43 parking spaces for the marina
use to be submitted to and approved by the Planning Board;
(3) construction of the new one-family dwelling as per the
filed site plan and in compliance with all other applicable laws
and regulations.
(D) Wetlands Permit ~45 allowed certain dredging and bulkheading
west of the existing marina;
(E) The recently-filed Wetlands Permit Application #172 requests
the placement of additional catwalk(s) with fingers to accommodate
18 additional boats.
It is our opinion that expansion of this nonconforming marina to
accommodate more than 35 noncommercial boats would require addi-
tional approvals.
Due to the fact that this is a "nonconforming" marina in a resi-
dential area, any proposed changes to this property should be
referred to the Building Department for their certification.
Southold Town Board of Appe .i s
APPEALS BOARD
MEMBERS
OBERT W. GILLISPIE, JR., CHAIRMAN
HARLES GRIGONIS, JR.
~OBERT J. DOUGLASS
June 18,
Mr. James E. Gillies, President
Nassau Point Property Owners Association
P. O. Box 346
Cutchogue, New York 11935
RE: Petrucci property,
New York
Dear Mr. Gillies:
Skunk Lane, Cutchogue,
This will acknowledge receipt of your letter dated
June 4, 1979, regarding the Petrucci property on Skunk
Lane, Cutchogue, New York.
I am enclosing .herewith photostatic copies of two
letters: The first is a letter dated May 17, 1978; from
Angelo Petrucci addressed to' the Board of Appeals. This
letter was written at the request of the Board to define
exactly what type of business Mr. Petrucci had conducted
on his property. The second letter is dated June 1, 1978,
and is the result of the afore-mentioned letter and an
informal discussion held with Mr. Petrucci at the May 4,
1978 meeting. I believe the letter to Mr. Petrucci is
self-explanatory.
Please be advised that it is our understanding that Mr.
Petrucci sold his marina parcel to Mr. Norman C. Boos on
August 23, 1978.
If we can be of ahy further help, please do not hesitate
ko contact us.
Very truly yours,
~nro~
Southold Town Board of Appeals
bcc
Enclosures
NASSAU PDINT PRDPERTY DWNERS ASSDF:IATIDN
P, O, Box 346 CUTCHOGUE, L. I., N. Y. 1193.~
June 4,1979
Zoning Board of Appeals t~
Board of Trustees
Town of Southold
Southold, N.Y. 11971
Gentlemen:
Over the years we have observed the Petrucci boat marina
on S~unk Lane in Cutchogue expand to a sizeable operation.
We have been told that this business was star~ed before
residential zoning was adopted for this area. While this
property is not on Nassau Point,our members have an interest
in its use as it is on the only access road to our area.
Apparently, this business has now been sold and we are
interested in making sure that this non-conforming use
is not expanded in the future.
We would appreciate receiving from the Zoning Board of Appeals
and the Board of Trustees copies of the most recent permits
which define how this land may be used commercially and
what defined areas may be dredged and bulkheaded and used
for the mooring of boats. We are also interested in what
business can be carried on ( i.e. sale of gasoline, rest
rooms, food and _beverage sales, storing of boats off-season,
etc.). Our Board of Directors may then observe the continued
compliance with the permits and report any exceptions to
the proper Town of Southold officers.
We feel that the Town of Southold has provided a valuable
tool in its use of property and waterfront uses. We hope
that we can help in this area o£ protection for the Town
and the residents of Nassau Point.
V~ truly yours,
APPEALS BOARD
MEMBERS
ROBERT W. G I LLISPIE, JR,, CHAIRMAN
ROBERT BERGEN
CttARLES GRIGONIS, JR,
SERGE DOYEN, JR.
11971
TELEPHONE 7 G S~ ?;~ ~0~
1802
June 1, 1978
Mr. Angelo G. Petrucci
Bay Avenue
Cutchogue, New York 11935
Dear Mr. Petrucci:
As you know, your business on the south side of Bay Avenue, Cutchogue,
New York, is classified as a non-conforming marina or boat basin.
According to our present zoning ordinance, a non-conforming use is any
use, whether of a building or tract of land, or both, existing on the
effective date of the zoning ordinance, which does not conform to the
use regulations of the district in which it is located. The definition
of a marina is any premises containing one (1) or more piers, wharves,
docks, moorings, bulkheads, buildings, slips, basins or lands under
water, designed, used or intended to be used primarily ~or the docking
or mooring of boats, for or without compensation.
Using your letter of May 17, 1978, and the above definitions as a guide,
it seems to us that your non-conforming marina includes the following:
The seasonal operation of a marina or boat basin with docks or slips for
not more than thirty-five (35) non-commercial boats not more than 24 feet
in length. Special services for owners such as fresh water, electricity,
oil and gasoline are also permitted. We think that this service barge
is an integral part of your marina operation and may be stored on your
property when not in use.
You are not permitted to store boats, build boats or conduct the retail
sale of boats on your premises.
Hopefully, this clearly defines all permitted uses for your property.
there are any other questions, please bring them to our attention.
RWG:bcc
cc: Mr. Charles Grigonis
Mr. Edward F. Hinderman
CIIAI IL~AN ' I LL~R.
If
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
22 July 1982
Mr. Gerald Geohringer
Southold Town Board o
$outhold Town Hall
Southold NY 11971
~ppeals
Dear Mr. Geohringer:
In reference to the boards decision of July 15th of the Norman
Boos case. Substantial information and documents have been pre-
sented to me, unknown to either the board or myself until now,
by Angelo Petrucci, the former owner. I feel what has been pre-
sented, to me, is sufficient enough to warrant a review of this
case. I would appreciate your arranging such a review, with the
Appeals Board at your earliest convenience.
Sincerely yours,
Victor Lessard
Executive Administrator
e
~outhO~d, ~,~',
Bay.Ave { 3kunk
Ou%oho~ue, L.I.N.Y.
Sear Sir;
In ~ep-m~e to y u~ visit to my home today az~ the questions
raise4, I dl~tinctly re~em~e~ vlsttl~ your p~pe~y on the S~th
eld · of B~y Ave ( ~e~iy ~no~ a~ ~kunk L~e") wXta ~he ~a~ of
One of t-e visits - ~ am not shu~e of the ~xaot date- we looked
p~po~ed tc k~ep. The Boa~ a~ed that the~ was l~d enough ~o
m~e two les~ ~lldi~ lots, ~d to keep the marimba as It was.
Some t.~e later I ~emember advleln~ you to ~et i~e~i~h Dept.
approYa~ for ~I1~ and oee~,o~! o~ sash lot ~ there were eo~¢ eha~cs
beingpropo~ed in both Health Dept a~ e~viron~ental ~qu~ment~.
wmlkl~'W~, ove~,, the,~ amd ~e~Mrin~ %he~ %0 sheik ~%~t the ~upvey d%mention~.
! believe that I wrote 7~.~ a letter thereafte~ - ~ain X am
not ehure of the ex,ct date- ~tatln~ these we~ two leg~ and usab)e
!otto unde~~ our ~ul~ment.. y~ Oould mol! either one or ~th and
g. et build~,~:~ ~er,~it:~ f'o~ o~e f~,~lly dwetlin~se
There 8houZd be o¢,piee of %he letter and ~oard dec!~!~n on
file lr~ t~:~ ? , C!e~k~
,.o~r. office. ::e alpaca made copies for the fils.
T~umtln~ the &boys will be helpful to you.
Yours truly
ut!~ n~
ANC~ PETRUCC I
Bay Avenue (Skunk Lane)
Box 99
Ch~tchogue, N.Y. i1935
~e wish to thank you for your kindness by writing for us a letter
to the Board of Appeals with regard to the facts on the "Boos"
matter ( property we sold th~n ). The result, is a re-hearing
scheduled for Tuesday, August 17th at 8:00 P.M.
Enclose please find photo copy of notice for same which states
there is insufficient land for both the marina mind building plots.
They do not seem to recognize that the marina and building lots
were created prior to zoning in 1950.
Respectfully, /~
Ange!o & Georgette Petrucci
CC: Gerard P. Goehringer
Robert W. Gillispie
Howard Terry
John Wickham
John Nickles
(Chairman of the Southold Board of Appeals)
(Retired Chairman of the Southold Board of Appeals)
(Retired Building Inspector)
(Retired Chairman of Southold Planning Board)
(Councilman Southold Town Board)
Southold Town Board of Appeals
MAIN RI-lAD- -~TATE RDAD 2.5 srlUTHI3LD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Mr. and Mrs. Angelo Petrucci
Bay Avenue
Cutchogue, NY 11935
August 2, 1982
Re: Rehearing - Norman C. Boos Application
Dear Mr. and Mrs. Petrucci:
Pursuant to Mr. Petrucci's request, the following is a
listing of the names and addresses of the members on the
Zoning Board of Appeals:
Mr. Gerard P. Goehringer, Chairman
Bay Avenue, Box 812
Mattituck, NY 11952
Mr. Serge Doyen
P.O. Box 263
Fishers Island,
NY 06390
Mr. Charles Grigonis,
Pine Neck Road
Southold, NY 11971
Jr.
Mr. Robert J. Douglass
Willow Terrace
Orient, NY 11957
Mr. Joseph H. Sawicki
North Road
Southold, NY 11971
Yours very truly,
Linda F. Kowalski, Secretary
LE Ial Notices
LEGAL NOTICE
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 Meatin~ and the fol-
lowing public hearings will
be held by the Southold Town
Board of Appeals at the Town
Hall, Main Road, Southold,
NY on Tuesday, August 17,
1982 commencing at 7:30 p.m.
and as follows:
7:30 p.m. Recessed hearing.
North Fork Bank & Trust
Company. Drive-in Facility
reducing frontyard setback at
Mattituck Shopping Center.
7:35 p.m. Application of
ANN O'SULLIVAN, 144 Colon-
ial Springs Road, Wheatley
Heights, NY 11798 for a
Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to
~onstruct accessory building
m an area other than the
required rearyard at 5692
Main Bayview Road,
Soutbold, NY; bounded north
by Breslin; west by Burkhardt
and Ebler; south by Corey
Creek Lane; east by
Orientale; County Tax Map
Parcel No. 1000-784-41.
7:40 p.m. Application of
ALFRED and SUSAN
STRETZ, by Environment
East Inc., 3075 Indian Neck
~_Vari,~e to the Zoning
OrdUre, Article III, Section OF NEW YORK )
100-31~nd Article V, Section
100-51 for permission to reduce ) ~:
land area for existing marina ry OF SUFFOLK )
by dividing premises into two
parcels, one as a marina and
one for residential use, each
having insufficient upland
area. Location of Property:
South side of Bay Avenue
(a/k/a 8000 Skunk Lane),
Cutchogue, NY; bounded
north by Bay Avenue; west by
Brickley; south by Gross; east
by Hochbaum; more
particularly identified as
Suffolk County Tax Map
District 1000, Section 104;
Block 8, Lot 2.1.
k,Dated: July 29, 1982.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
By Linda F. Kowalski,
1TA5-4027 Secretary
!..D:.....~ .e..~..~....~!~.~..~._o. ......................... of Greenpert, in said County,
[/she is a representative of THE SUFFOLK TIMES, a weekly
iper, published at Greenport, in the Town of Southold, County
)lk, State of New York, and annexed is a printed copy that has
'egularly published in said newspaper once in each week
~ ...... week(s) successively, commencing the...OT.....~., day
to before me this........~...~... ..........................
· ..~ ................... 19..?,.. ,~:.. ............................
HELEN K DE V0E
NOTARY PUgLIC, State ot New York
No. 47078?3, Suffolk (~ounty
Term Expires March 30, 19~.~
Lane, Pecorgc, NY 11958, for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
construct deck with
insufficient rear and side
yards at 555 Mill Creek Drive,
Southold, NY; bounded north
by Cassidy; west by Mill
Creek Drive; south by Egan;
east by Hashamomuck Pond;
County Tax Map Parcel No.
1000-135-3-32.
7:45 pm. Application of
FLORENCE JOHNNIDIS, 860
Sound Beach Drive, Mattithck
NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32, and Article
XIV, Section 100-141, for
approval of the construction of
an accessory building in the
frontyard area at 800 Sound
Beach Drive, Mattithck, Ny;
bounded north by L.I. Sound;
west by Kousourns; south by
Sound Beach Drive; east by
White; County Tax Map
Parcel No. 1000-99-01-009.
8:00 p.. REHEARING in the
the application for
I C. BOOS, One
Street, Massapequa,
NY 11758, by Stephen F.
Jr., Esq. for a
NO~CE
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 Southold, a
Regular Meeting and the
following public hearings will
be held by the Southold Tovm
Board of Appeals at the Town
Hall, Main Road, Southold,
N.Y. on Tuesday, August 17,
1982, commencing at 7:30
p.m. and as follows:~
7:30 p.m. Recessed hearing.
North Fork Bank & Trust
Company. Drive-in facility re-
ducing frontyard setback at
Mattituck Shopping Center.~
7:35 p.m Application of
ANN O'SULLIVAN, 144 Col-
onial Springs Road, Wheatley
Heights, N.Y. 11798 for a
Variance to the Zoning Or-
dinance, Article IH, Section
100-32 for permission to con-
struct accessory building in an
area other than the required
rearyard at 5692 Main Bay-
view Road, Southold, N.Y.;,.,~
bounded north by Breslin~
west by Burkhardt and Ebler;
south by Corey Creek Lane;
~ east by Orientale; County Tax
Map Parcel No. 1000-78-4-4!.
7:40 p.m. Application
ALFRED AND SUSAN
STRETZ, by Environment
East Inc., 3075 Indian Neck
Lane, Peconic, N.Y. 11958, for
a Variance to the Zoning Or-
dinance, Article HI, Section
100-31 for permission to con-
struct deck with insufficient
rear and side yards at 555 Mill
Creek Drive, Southold, N.Y.;
bounded north b~ Cassidy;
-west by Mill ~,.~reek Drive;
south by Egan; east by I-laxha.-
momuck Pond; County Tax
Map Parcel No. 1000-135-3-3.2.
7:45 p.m Application of
FLORENCE $OHNN1DIS, 800
Sound Beach Drive, Mattituck,
N.Y. for a Vsriance to the
Zoning Ordinance, Article IH,
Section 100-32, and Article
XlV, Section 100-141, for
appwval of the construction of
an accessory b~llding In the
frentyard area at 800 Sound
Beach Drive, Mattituck, N.Y.;
bounded north by L.I. Sound;
west by Kousoums; south by
Sound Beach Drive; east by
White; County Tax Map Parcel
No. 1000-99-014)09.
8:00 p.m REHEARING in
the matter of the application
for NORMAN C. BOOS, one/
Cedar Street, Maxsapequa,
N.Y.11758, by Stephen F.
Gfiffing, ,Ir., Esq. for a Var-
lance to the Zoning Ordinance,
Article IH, Section 10031 and
Article V, Section 10051 for
permission to reduce land area
for existing marina by dividing
premises into two parcels, one
as a marina and one for
residential use, each having
In sut~icient upland area. Loc~-
tion of Prepe~,~,. South side of
Bay Avenue (a/~!& 8000
Skunk Lane), Cutchogu~, ,NY;
bounded north by Bay Av-
enue; west by Brickley; south
by Gross; east by Hochbaner;
more particularly identified ax
Suffolk County Tax Map Dis-
trict 1000, Section 104; Block
8, Lot 2.1.
Dated: ,Inly 29, 1982.
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF APPFAI~
GERARD P. OOIHtRNqGER,
By Linde F. Kowsislfi,
1T-8/5/82(28)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being du[y sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a pub!lc newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
Nas been published in said Long Island Traveler-Watch-
man once each week for ......................... ../. ............ weeks
successively, commencing on the ~- ~
day of .............. (. · .~..?..~i Z · .~. · · .-~'-. .............. 1 ~....~i...
Sworn to before me this ................................ day of
.................. ....... ,
19 ........
Notary-i~ublic -
JEFFREY LEVITT
ATTORNEY AT LAW
July 15, 1987
Francis J. Murphy
Southold Town Supervisor
Main Road
Southold, New York 11971
Re: Broadwaters Cove Association
Dear Mr. Murphy:
I represent Broadwaters Cove Marina and am
writing with regard to an application of Broadwaters Cove
Association before the Board of Trustees of the Town of
Southold. The reason for writing to you is that it is my
concern that both Town regulations and customary
procedures are being bypassed and that potential approval
by the Board of Trustees on a matter concerning wetlands
will be used to expand docking facilities without the
approval of the Planning Board or the Zoning Board of
Appeals.
I am enclosing a copy of a transcript of minutes
before the Board of Trustees indicating that when my
client previously attempted to do the exact same thing
that the association is attempting, that there was a
requirement for an environmental impact statement, review
by the Planning Board, a variance by the Zoning Board of
Appeals as well as approval by the Board of Trustees.
In the instant application by the association,
to the best of my knowledge, there is no application
pending before the Planning Board, no application before
the Zoning Board of Appeals, no environmental impact
statement and even the environmental impact provisions of
the application before the Board of Trustees was not
completed by the applicant.
I would be most appreciative of your review of
this matter so that it can be determined whether the
current applicant is complying with Town regulations or
whether those regulations and procedures have changed so
Francis T. Murphy
July 15, 1987
Page Two
that it is no longer necessary to do anything other than
have approval by the Board of Trustees.
Thank you for your courtesy and cooperation.
Very truly yours,
rd
Enc.
cc:
JEFFREY LEVITT
Planning Board
Town of Southold
c/o Southold Town Hall
Main Road
Southold, New York 11971
Zoning Board of Appeals
Town of Southold
c/o Southold Town Hall
Main Road
Southold, New York 11971
PUBLIC HEARING
IN THE MATTER OF
JAMES E. FITZGERALD, JR., PRES. BROADWATERS COVE ASSOCIATION, INC.
NOTICE IS HEREBY GIVE~ THAT Ai-PUBLIC HEARING WILL BE HELD BY THE TOWN
TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD,
SOUTHOLD, NEW YORK ON THURSDAY, MAY 28, 1987 ON THE FOLLOWING APPLICATIONS
FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF
SOUTHOLD.
In the matter of the applicationof James E. Fitzgerald, Jr., Pres./Broadwaters
Cove Association, Inc. to replace existing bulkhead., return, and replace three
existing pilings, bulkheaded catwalk; add approximately 20' of open catwaIk,
maintenance dredge the docking area; add three floating docks with 4 fingers.
Property is located on the eastern end of Mason Drive, Cutchogue.
Trustee Smith: I believe that we are going to have to table this application?
We do not have the comments from the C.A.C.
Secretary: You can open the meeting and then recess it.
Trustee Smith: Is there anyone here having anything to say pro or con regarding
this application?
James Fitzgerald: My name is James Fitzgerald and I will be happy to answer any
questions. I would like to know why you are going to table this.
Trustee Smith: The Conservation Advisory Council is required to give us an
opinion on the application. We can't vote on this until they give us their
recommendation.
James Fitzgerald: Oh yes, I received a letter from them two days ago. The letter
indicated that I would have to wait until their June meeting to present the informatic
they need. Is that correct?
Secretary: Submit the information that they requested. I would contact the
secretary to the C.A.C. to ask her if she knows what information they need.
Trustee Bredemeeyr: That' right.
James Fitzgerald: I contacted her yesterday, and she didn't know.
Trustee Bredemeyer: Then you may want to talk to the Chairman and see what they
want, try to meet with them on field inspections to answer any questions prior to
their meeting. The New York State D.E.C. has raised some questions. Have they
advised you of their concerns?
James Fitzgerald: Yes they have. I met with them and I think we arrived to an
amicable decision. The two major concerns were the increase in the boat population
in that area. Toward the end I suggested that instead of having 4 fingers extending
from the new dock that we intended to provide space for 8 boats. We reduce that to
3 fingers which would be for only 4 additional boats. The other concerns were how
we would contain the spoil from the dredging so that it would not flow towards the
south into the wetland area. We indicated that if it were appropriate, we would
Page 2.
James E. Fitzgerald, Jr. Pres., Broadwaters Cove Association, Inc.
Public Hearing - May 28, 1987
build a 15 or 20' return along inside, but parallel to our property line there.
If necessary put in temporary barricades during the dredging operation. As I said
both of those things, in our conversation, seemed adequate. After the conversation
I submitted it in writing and I haven't heard from them yet.
Trustee Krupski: What about the Army Corp of Engineers?
James Fitzgerald: Steve Mars was suppose to be out two weeks ago, tomorrow,
and he was not able to make it. He will be out tomorrow. The only problem with
the Corp of Engineers at this point is, or administrative detail, was that I
didn't put in an arrow on the locus map and things of that nature. I think that
was all of his concerns in regard to the application or things that I could do
at hand that it didn't have any impact on the actual application.
Secretary: Will you forward a copy of your letter that you sent to the D.E.C so that
we know what agreement was made? For our file.
James Fitzgerald: I understand that they haven't said that it was okay as yet.
It was just a suggestion in response to their comments.
Trustee Smith: Thank you.
Steve Latson: Mr. Fitzgerald why is it you want to dredge? I looked over there and
I found that there is 3 ft. of water at the end of the little docks at low tide?
Mr. Fitzgerald: At low tide there is no water against the bulkhead. Because of
the prevailing winds in the area~ the people who have power boats dock them with the
facing east. We have had situations in the past where the floaters were in the sand.
I have a little sail boat that is in a more southerly position. Where the catwalk
goes east and the sand has built up in that corner to the extent that even though
the boat is a 14' Boston Whaler Harpoon, and even though it only draws 4" it is on
the sand at low tide.
Steve Latson: I was curious to know why they dock that way.
Trustee Smith: Thank you. Do any of the Trustees have anything they want to say.
No comment. From the audience: I have something to say.
Trustee Smith: Will you please state your name.
Jeffrey Levitt: Jeffrey Levitt, I am an Attorney at 119 West Oak Street, Amityville.
I represent Mr. Norman Boos who owns the Broadwaters Cove Marina which is about 500
ft. north of the subject property. The issues that I really want to raise with you
tonight involve the standards that the Board is going to apply to this particular
application. In the latter part of 1983, Mr. Boos made an application to this Board
to add dock space to his marina.
Trustee Smith: I think that you are getting off of the track here. This is a
Public Hearing for the Broadwaters Cove Marina.
Mr. Levitt: Yes, I understand, may I make a point here. Believe me I did not spend
two hours to come out here to waste your time. Or to waste my time. Both of these
properties are zoned the same. Both of these properties are non-conforming uses.
Page 3.
James E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc.
Public Hearing - May 28, 1987
In 1983 Mr. Fitzgerald wrote to this Board, and I have a copy of this letter,
strongly protesting on behalf of the property owners. I have a copy for each
one of you. Strongly protesting any change in the area by which there would be
any increase in the marina facility. As a result of that objection, there was
a subsequent letter from the Association in 1984 making complaints. That applicant
was forced, I'll take back the word forced, he was requested to prepare an
Environmental Impact Statement. Now, what I'm leading up to is this -- we feel that
the standards that should be applied to this application should be consistant
standards. For example, Mr. Boos had to get an Environmental Impact Statement,
why doesn't the Association have to get an Environmental Impact Statement? Now I
have read the application and I don't know if there has been a change in the
application in the last three days? But there were pages and pages that deal
with environmental matters that were totally left blank. There was nothing
written on them. Now, does that mean that if Mr. Boos comes before the Board with
an application that there would be no necessity for an Environmental Impact Statement.
That he would not have to fill out any of the environmental information in an
application? The application of the Association where there is a question "Is
there a permit necessary from the Army Corp of Engineers?" It says no. Now would
that mean that the Board would pass on it without the Corp of Engineers? Now there
was a Zoning issue. This is a change of a non-conforming use. This was the
position that the Association took a few years ago. That someone just a few
hundred fee~ away with the same property could not add just one more boat without
going to the Planning Board, without going to the Zoning Board of Appeals. As
far as I know, there is no application by this applicant before the Planning Board,
before the Zoning Board of Appeals? So, what is being done here is to by pass all
of the normal governmental controls that were requested by this very applicant just
a few years ago with regard to one of it's neighbors insisting, and it is my
understanding that the Board took the position that before it was going to give
any approval that all of those conditions of Environmental Impact Statement, of
Planning Board Approval, Site Plan, it was a very expensive proposal and going to
the Zoning Board of Appeals which the applicant did. Then because there was
objection from the neighbors, very heated objections, this application was
withdraw~. By the way, what about parking, there has to be off street parking
requirements. There were requests by the Association against it's neighbor a
few years ago. Did Mr. Boos have enough parking if he wanted to change the non-
conforming use status? The Trustees I understand, made him go to the other
governmental agencies to make sure that that was done. I don't understand that
there is any such application pending anywhere with regard to parking issues?
Issues were raised at that time that Mr. Boos was a profit making organization
and this is not a profit making organization. I suggest that the birds and the
bees and the fish don~t know the difference as to what is going into the water
whether the person who is driving the boat docks his boat with someone who is
making a profit, or is docking his boat with someone who is not making a profit.
By the way, I heard it said that there will be three finger docks for four boats.
I think three finger docks will be six boats. If my arithmetic is correct. The
physical attributes of the dock, I also find very interesting. It shows a 50 ft.
width being proposed here. Unless the boats are going to be 12 ft. boats, they
are going to be facing each other on a 50 ft. width, the likely hood is that this
is going to have to go out much further into town waters than it is being proposed.
If you have two 25 ft. boats facing each other on 50 ft. I don't understand how they
will both turn or anyone would turn or exit any area to be able to leave. Now
Page 4.
James E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc.
Public Hearing - May 28, 1987
that doesn't mean necessarily what I'm saying is opposing the application or
I'm infavor of the application. I'm raising an issue that the Trustees act in
a continual, that's the right word. The persons may change but the concepts are
suppose to remain the same. The rules are suppose to remain the same. It seems
to me to be very unfair to be bought at that time, to have indicated that those
are the rules. Apparently, I'm assuming that if the gentleman came in again,
that those are still the rules, but there is a different set of rules. I~m
here tonight, to make sure that if that application the Association is granted
that there are no mistakes that are made. That in the future Mr. Boos should
come in, and he is told that he needs an environmental impact statement, and he
says "What about the Association?" There is no one that says that was a mistake
we forgot. Or if he asks about parking, no one says it was a mistake, we forgot.
Or if he asks about Zoning? Theoretically from what is being proposed here if he
didn't ask for 8 boats and he asked for 80 boats the implication is that you could
give approval and he wouldn't have to go to any one to change his non-conforming use.
I just want to make sure that these things are brought up in a public session so
that we understand and the Board understands, I hope, what the guidelines are
suppose to be. Now, they have changed. Now, if none of that is true any longer,
we assume that you will apply those standards to this application and to any other
application that comes before you.
Trustee Smith: Thank you.
Trustee Bredemeyer: Thank you.
Trustee Smith: I'll recess this public hearing until we receive the comments
from the Conservation Advisory Council.
Jeffrey Levitt: Mr. President, can I leave with you also a letter of Jan. 4, 1984
from the Association to Mr. Stoutenburgh, Presidemt of the Board of Trustees.
Trustee Smith: Thank you.
Trustee Krupski: I~m sorry Henry, you recessed the hearing before I could
comment. Could we contact the planning board about the parking?
Trustee Bredemeyer: ITm generally agreed to that.
Trustee Krupski: Instead of getting the comments from the C.A.C. and then saying
"What about parking" we should get all of our concerns together at once.
Trustee Bredemeeyr: I would like time to get all of the information together
and review the application before expressing a position on it myself.
Trustee Smith: Then I'll open the hearing again. Do you want to go down there
and look at the project again? Talk to Mr. Fitzgerald again?
Trustee Krupski: Sure. Do you think we should communicate with the Z.B.A.?
Trustee Bredemeyer: I'm glad the gentleman came to the meeting and spoke. I think
Page 5.
James E. Fitzgerald, Jr., President., Broadwaters Cove Association, Inc.
Public Hearing - May 28, 1987
that we have no alternative. It would be prudent, I'm glad the gentleman came
to the meeting and spoke. This is the first time that I've seen an Association
project, that some valid issues were raised.
Trustee Smith: I think what ever he asked us to look into we have to do it.
Like he said no mistakes. We have to do it. Okay.
Trustee Krupski: This is over Town bottom.
Trustee Smith: Right. I'll recess this meeting.
Southold Town Board of Appeals
MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
INTERDEPARTMENT MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Judith T. Terry, Town Clerk
Jerry Goehringer, Chairman, Z.B.A.
November 7, 1983
Premises Now of Norman C. Boos (formerly of A. Petrucci)
Location: South Side Bay Avenue, Cutchogue
County Tax Map Parcel N6s. 1000-104-008-2.1 and 2.3
This memorandum is in reply to your November 3, 1983 request con-
cerning the premises of Norman C. Boos and located at the south
side of Bay Avenue, Cutchogue.
We have reviewed the documents submitted with your request and have
researched the history of this property, finding as follows:
(A) The marina has been in existence as a nonconforming use since
the adoption of zoning in 1957 and is located in an "A-Residential
and Agricultural Zone."
(B) Pursuant to a ZBA letter of clarification to Angelo P~trucci,
who was the former owner of the premises, dated June 1, 1978:
(1) Operation of this marina was restricted to not more than
35 noncommercial boats, not more than 24 feet in length;
(2) No storage of boats and no sales of boats would be allowed.
(C) In Appeal No. 2914, a conditional variance was granted allowing
Memorandum -November 7, 1983
Judith T. Terry, Town Clerk
Re: Norman C. Boos Property
the construction of a one-family private dwelling, provided:
(1) the entire premises remain as one parcel [117,871 sq. ft.
of which 47,36~ sq. ft. are under water];
(2) there be a minimum of 43 parking spaces for the marina
use to be submitted to and approved by the Planning Board;
(3) construction of the new one-family dwelling as per the
filed site plan and in compliance with all other applicable laws
and regulations.
(D) Wetlands Permit #45 allowed certain dredging and bulkheading
west of the existing marina;
(E) The recently-filed Wetlands Permit Application #172 requests
the placement of additional catwalk(s) with fingers to accommodate
18 additional boats.
It is our opinion that expansion of this nonconforming marina to
accommodate more than 35 noncommercial boats would require addi-
tional approvals.
Due to the fact that this is a "nonconforming" marina in a resi-
dential area, any proposed changes to this property should be
referred to the Building Department for their certification.
API~EAL$ BOARD
MEMBERS
ROBERT W, GILLISPIE, JR., CHAIRMAN
ROBERT BERGEN
CHARLES GRIGONt$, JR.
SERGE DOYEN, JR.
Southold Town Board o£ Appeals
SOUTHOLD, L. I.,N. Y. 11971
TELEPHONE
1802
June 1, 1978
Mr. Angelo G. Petrucci
Bay Avenue
Cutchogue, New York 11935
Dear Mr. Petrucci:
As you know, your business on the south side of Bay Avenue, Cutchogue,
New York, is classified as a non-conforming marina or boat basin.
According to our present zoning ordinance, a non-conforming use is any
use, whether of a building or tract of land, or both, existing on the
effective date of the zoning ordinance, which does not conform to the
use regulations of the district in which it is located. The definition
of a marina is any premises containing one (1) or more piers, wharves,
docks, moorings, bulkheads, buildings, slips, basins or lands under
water, designed, used or intended to be used primarily for the docking
or mooring of boats, for or without compensation.
Using your letter of May 17, 1978, and the above definitions as a guide,
it seems to us that your non-conforming marina includes the following:
The seasonal operation of a marina or boat basin with docks or slips for
not more than thirty-five (35) non-commercial boats not more than 24 feet
in length. Special services for owners such as fresh water, electricity,
oil and gasoline are also permitted. We think that this service barge
is an integral part of your marina operation and may be stored on your
property when not in use.
You are not permitted to store boats, build bpats or conduct the retail
sale of boats on your premises.
Hopefully, this clearly defines all permitted uses for your property.
there are any other questions, please bring them to our attention.
very ~/ly, ~
RWG:bcc
cc: Mr. Charles Grigonis
Mr. Edward F'. Hinderman
If
Southold,
July 26, 1982
~r. ~mgelo Petrucci
Bay Ave ( Skunk La)
Cutchogue, L.I.N.Y.
Dear Sir;
In response to your visit to my home today and the questions
raised, I distinctly remember visiting your property on the South
aid e eT Bay Ave ( generaly kno~ as "Skunk Lane") with the Board of
Appeals on several occasions.
One of the visits - I am not shure of the wxact date- we looked
~Lt the two lots you proposed to set off and the "Marina" which you
proposed to keep. ~h$ Board asreed that there was land enough to
make two legal bulldi~ lots, and to keep the marina as it was.
Some time later I remember advising you to get Health Dept.
approva~ for wells and cesspools on each lot as there were some char~es
being proposed in both Health Dept and environmental requirements.
Further I remember seeing these a.provals for both lots, and
walking over them and measuring them to check out the survey dimentions.
I believe that I wrote you a letter thereafter - ~ain X am
not shuts of the exact date- stating these were two legal and usable
lots under our r~quirements, you could sell either one or both and
get building peri. ts for one family dwellings.
There should be copies of the letter and Board decision on
file in the Town Clerks office. We always made copies for the file.
Trusting the above will be helpful to you.
Yours truly
Retired ?uillng Inspector
C.C. Board of Appeals
Southold Town Board of Appeals September 18, 1958.
MINUTES- Continued
Chairman read the application, letter to applicant advising of date of
public hearing, legal notice with affidavit from the official newspaper
attesting ~o its pu%llcation and letter from Mr. William Wlckham, attorney
for Mr. Victoria, to which he attached a letter signed by Elizabeth Bedell
grantin~ permission to W~lliam Victoria to erect and maintain a sign on
her property in Peconic, New York.
There was no one present to speak either for or against the appeal. Board
studied the application and unanimously granted the special exception to
erect a directional sign, dimensions of which are to be approximately
the same ss that formerly advertising the Ced,r Beach Inn in the same lo-
cation. Sign to advertise only the facilities provided by Victoria's
Cottages and to be located on the property of Elizabeth Bedell, south side
of Main Road, Peconic, New Y~rk.
Sign to be located not closer than 5' from any property line, not to exceed
15'6" from ~round level to upper edge and lower edge of sign to be at
least 3' from ground level. Permit is valid until~ revoked.
Minutes of the September llth meeting were read. On motion made by Mr.
Rosenberg, seconded by Mr. Bergen, and carried. Minutes were approved
as submitted.
Chairman read letter received from Mr. S. F. Ssrnowski, Secretary of the
Nassau Point Property Owners Association, Inc., in which it was stated
that he was attaching a petition signed by the members and residents of
the assocAation with respect to the parking of Angelo Petrucci on the
south side of Bay Avenue.
The Board unanimously agreed to have the Chairman write Mr. Sarnowski
advising that it was the board's suggestion that the parking of trucks
and equipment of Angelo Petrucci occurs on Mr. Petrucci's property and
that it was also the board's understanding that Mr. Petrucci conducts
a non-conforming business establised prior to the enactment of the Eoning
Ordinance, and to inform Mr. Sarnowski that the board has no control of
the situation referred to and assumes that if Mr. Petrucci parked his equip-
ment within the boundary lines of Bey Avenue it might be a matter for
police investigation.
By resolution, the Board agreed to set the time of hearing on the applic-
ation of Clifford Tyler, application for a Special Exception, for 9 P.M.
on October 2, 1958. Legal notice to be published in the official newspaper
on September 25, 1958.
Although hea~ing is scheduled for 9 P.M. on October 2, 1958, be resolution
Board agreed to meet at 8 P.M. on this date.
Next meeting of the Board is scheduled for 7:30 P.M. on Thursday, Septem-
ber 25, 1958.
Meeting adjourned at 10:35 P.M.
Respectfully submitted,
Grace B. Meyer
Secretary
APPEALS BOARD
MEMRERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR
SERGE DOYEN, JR
ROBERT J. DOUGLASS
JOSEPH H, SAWICKI
Southold Town Board of Appeals
MAIN ROAD- ~TATE ROAD 2.5 SDUTHDLD, L.I,, N.Y. llg?l
TELEPHONE (516) 765-1809
September 17, 1982
Stephen F. Griffing, Jr., Esq.
120 Court Street, P.O. Box 982
Riverhead, NY 11901
Re: Appeal No. 2914
Rehearing - Norman C. Boos
Dear Mr. Griffing:
Attached herewith is a copy of the formal findings and deter-
mination rendered September 16, 1982 and filed this date with the
Office of the Town Clerk regarding the above-entitled matter.
Please note that condition No. 2 requires submission of a
parking plan to the Planning Board for approval.
If you have any questions, please do not hesitate to call
either our office or that of the building inspector (765-1802).
Enclosure
Copy of Decision to:
Planning Board
Building Department
Mr. Angelo Petrucci
Mr. and Mrs. Norman C.
Boos
Yours very truly,
/ GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Secretary
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL $1AI ISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
November 3, 1983
Mr. Gerald Goehringer, Chairman
Southold Town Board of Appeals
Southold, New York 11971
Dear Jerry:
Attached hereto is the application of Norman C. Boos for a
Wetland Permit. The Town Board questions whether Mr. Boos'
proposal to construct additional floating catwalk to accomodate
18 additional small boats is an expansion of an existing non-conforming
use and should, therefore, be addressed by the Board of Appeals
May I have your opinion in this matter, and if in the affirmative,
the necessary forms I may transmit to Mr. Boos for an application
before your Board.
For your further information, I am also attaching herewith a
former Wetland application and permit issued by the Town Board
in 1980.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachments
Mei~l~randum from....
$outhold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
To: Robert W. Task~r, Esq.
Town Attorney
From:
Z.B.A. Office
Date: 8/24/82
Attached are the verbatim minutes of the
"rehearing" in the matter of Norman Boos'
marina, Skunk Lane, Cutchogue. Also
attached is a copy of the board's prior
decision concerning the original hearing
for reference. If anything else is needed
for the draft findings, call me.
Thanks for your helD.
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
tEE E. KOPP~'IMAN
DIRECTOR OF PI. ANNING
Town of Southold
Board of Appeals
Applicant:
Mun. File No.:
S.c.P~D. File No.:
July 22, 1982
Norman C. Boos
#2914
SD-82-7
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
Comments: Appears inappropriate as sufficient information has not been sub-
mitted to demonstrate compliance with applicable variance criteria.
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner_
VICTI~RANS MI[I~-ONiAL HIGHWAY · H&UP/~Ai. IGE, L.. I.. NEW YO~IK 11788
Southold Town Board Appeals -14- ust 17, 1982 Regular Mtg.
At 8:10 p.m., the Chairman called a five-minute recess.
The meeting reconvened at 8:15 p.m.
REHEARING: Appeal No. 2914. In the matter of the application of
NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F.
Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III,
Section 100-31 and Article V, Section 100-51 for permission to reduce
land area for existing marina by dividing premises into two parcels, one
as a marina and one for residential use, each having insufficient upland
area. ("A" Zone). Location of Property: South Side of Bay Avenue (a/k/a
8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by
Brickley; south by Gross; east by Hochbauer; more particularly identified
as Suffolk County Tax Map District 1000, Section 104; Block 8, Lot 2.1.
The Chairman opened the hearing at 8:15 p.m. and read the legal notice
of hearing in its entirety. There was no objection by Mr. Griffing or
others present for "waiving the reading of the entire application."
STEPHEN F. GRIFFING, JR., ESQ.: First, I would ask you, Mr. Chairman,
if all the enclosures that I sent in my letter of July 26th are made part
of this record? That is Petrucci's map of April 25, 1972; letter from
Howard Terry confirming that May 4th minutes, Terry's letter was dated
April 29, 1974; and the Health Department approvals; and the D.E.C. per-
mit et cetera; everything mentioned in my letter...those are the main
ones. Also, I believe you received some letters last month from Howard
Terry, John Wickham and Robert Gillispie, all retired officials of this
township.
MR. CHAIRMAN: Yes, we did. And they appear all to be in this file.
MR. GRIFFING: They're in the record.
MR. CHAIRMAN: That's correct.
MR. GRIFFING: Well, gentlemen, I think we proceeded under misappre-
hension of the facts the first time around, referring to Mr. Petrucci's
map of May 4, 1972 which was approved in principal by this particular
board as a matter of fact. And then of course there was the letter in
1978 pertaining to the use of the marina. The map defines the area of
the marina, which is smaller than our original application. On the
other hand, Mr. Boos again referred to the map, the second lot to the
east away from the marina was originally sold by Mr. Petrucci to Craig
Lehmann and his wife. Thereafter, Wenk and Boos bought the property
from the Lehmanns, and they each took 75 feet of that 150 feet; and in
my opinion that is not an illegal subdivision because they didn't create
anything...they just made larger lots for themselves. So at this stand-
ing, Mr. Boos, based on the records of the Town and your Board, has a
piece of ground that's 225 feet long, frontage on Bay Avenue, for
residential purposes. And that would be well in excess of the area that
your require even excluding the land under water. So I would say that
Southold Town Board o~ppeals -15-
· ust 17, 1982 Regular Mtg.
(Appeal No. 2914 Rehearing: Norman C. Boos):
MR. -GRIFFING continued:
at this moment, based on the records of the community and your Board, that
we have a marina that's nonconforming, preexisting, or be it without
proper parking. It was defined in 1978 and in 1972, it being as shown on
this map of May 4th--April 25th, 1972. And so the marina should be able
to be split off because it preexists, and due to the fact that Mr. Boos
acquired an additional approximately 20,000 square feet, he has enough
land for a residence. Mr. Boos is flexible and that if in your judgment
you feel there should be more parking for the marina, he could still
spare some land, and still under your regulation which excludes land
under water, have an adequate building lot without needing any variances.
So we're willing to leave the line as shown on the Petrucci map of
April 25th, or we can go along with this map which is the map that was
submitted, or we would be willing to move that west line a little farther
west so that there would be no question about having proper square foot-
age excluding the water. And we'd still be creating a little more room
around the marina and take the cars off the street. And I would say that
the hardships that there are in this case were to some extent imposed by
the Town because they didn't look at the records. And I think we have a
legal building lot and legal nonconforming marina right now. The line
could be moved.
MR. ANGELO PETRUCCI: The water, cesspools too.
MR. GRIFFING: Yes. That's part of the record, Mr. Petrucci. I
asked that everything in my letter be part of the record. There is water
supply and there are cesspools approved by the Health Department.
MR. CHAIRMAN: What is the approximate square footage of the proposed
dwelling that you want to build on this lot?
MR. BOOS: Approximately 2,700 square feet.
MR. CHAIRMAN: Is it a one-story structure?
MR. BOOS: One story with two bedrooms up on one end.
MR. CHAIRMAN: Like one and one-half.
MR. BOOS: Like a one-and-one-half, yes, basically.
MR. CHAIRMAN: Thank you. Anything else, Mr. Griffing?
MR. GRIFFING: Well, of course, we can go through the change of the
neighborhood and so forth, which it does not. It is one of the largest
lots in the neighborhood. In fact the tax map will reflect that. And in
an area variance, I don't think we need to show financial hardship, but
there would be a financial hardship if Mr. Boos couldn't utilize his
property. And also as I said the last time, it's a well known fact that
you can get two lots instead of one, you're going to make money. I've
Southold Town Board ~ppeals -16-
ust 17, 1982 Regular Mtg.
(Appeal No. 2914 - Rehearing: Norman C. Boos):
MR. GRIFFING continued:
been in the Real Estate Law since 1947, and I think I'm pretty well quali-
fied as an expert, having closed for several savings banks...it's practical-
ly my whole practice...real estate.
MR. CHAIRF~%N: Thank you very much. You might as well stay right
there in case somebody has some other questions.
MR. GRIFFING: I'll be glad to answer them.
MR. CHAIRMAN: Does anybody else wish to speak in behalf of the
application? Sir?
MR. KALLER: My name is Kaller. I live directly across the street
from this, and of course I'm delighted that instead of two houses, there
will be only one house there, and I think that it would be a feather in
the hat of the town fathers to allow this to be done. I can't help but
think that you're saying a lot about the parking at the marina. Since
the marina is there, I have not noticed ever a car parked on the street.
He has always had all the cars park off the street, and I don't think
anybody can do more than he does to try to do what's right.
MR. GRIFFING: I'm glad to have you (), Mr. Kaller.
MR. CHAIRMAN: Thank you, Mr. Kaller.
MR. KALLER: I've only lived there 28 years. So I think I've got
a little idea.
MR. CHAIRMAN: Could we have your name, Sir?
JAMES REALEY: James Realey. I'm his neighbor, to the west of him,
and everything he said, he said before me. And I've never seen any cars
parked in the road...especially if you want to say Saturdays and Sundays,
which would be his heaviest days, and I've never seen a car out there.
And I live directly across the marina. And it's an asset to the community.
MR. CHAIRMAN: Thank you very much. Is there anybody else that would
like to speak in behalf. Mr. Petrucci. Certainly.
ANGELO PETRUCCI: I would like you to know that the little boat basin
by the building over here I would say it's 90% people from Nassau Point,
and those people that come there, they either leave their key and they'd
go home again, or they'd come back, and get in the cars again and go home
again. No one in this boat basin goes fishing at four o'clock in the
morning. I see boats over there that never went out to Montauk this year.
The parking on the road, there is plenty as far as I'm concerned. That's
all I can say because we never had any problem. You can call the police
department. We have no accidents, ever since I am there 35 years.
~outhold Town Board
)eals -17-
17, 1982 Regular Mtg.
(Appeal No. 2914 Rehearing: Norman C. Boos):
MR. CHAIRMAN: Thank you very much.
MR. GRIFFING: We're not concerned about enlarging the parking if the
Town doesn't require it. But the opportunity if you want it it will leave
a little more for the future.
MR. CHAIRMAN: Thank you. Is there anybody else that would like to
be heard in behalf of the application? Anybody against the application?
(None) Anything else, Mr. Griffing, before I close it? Mr. Lessard.
VICTOR LESSARD (Executive Administrator, Bldg. Dept.): If this
board saw fit to move that west line to give more parking relief to the
marina, would that effect the cesspools on that lot?
MR. BOOS: No. They are way down the other end.
MR. LESSARD: They wouldn't wind up in the parking lot?
MR. CHAIRMAN: I have it right here.
but it's adjacent to the house.
It doesn't indicate how far,
MR. BOOS: We will now have 75 feet more on the side On this map.
MR. LESSARD: What I'm saying is, if the board saw fit to maybe
slide this existing line and if he wouldn't object, over this way...
MR. BOOS: It makes no difference to me.
MR. LESSARD: That would give relief to that marina, assuming
it's what you want to do. It's just a thought, that's all.
MR. CHAIRMAN: Thank you, Mr. Lessard. Anybody else? (None)
Ok, hearing no further comments, I'll ask any board members if there
are any comments? (None) Hearing no further comments, I'll make a
motion closing the hearing and reserving decision until a later date.
MEMBER DOUGLASS: Second.
On motion by Mr. Goehringer, seconded bi Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter of
Appeal No. 2914, REHEARING in the matter of the application for NORMAN C.
BOOS, until a later date.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution
was unanimously adopted.
Zoning Board of Appeals
Southold Town
Southold, N. Y. 11971
LUICKHRm's F'RUIT F'RRm
Route 25, Cutchogue. Long Island. New York ~.1935 Te~. t516) 734-6441
July 26, 1982
Gentlemen:
Today Nr. Angelo Petrucci called on me in reference to some
matters pertaining to bulk requirements for lots which include
wetlands.
For many years the bulk requirements for lots in the A
zone have been allowed to be fulfilled with saltwater wetlands.
The area of such wetlands has also been allowed in computing
units in the "~" district. If the code has been changed in this
regard I am not aware of it.
At the same time, in years past, the PlanniNg Boar~in at-
tempting to be reasonable, and with the approval of the County
Board of Health, arbitrarily set a minimum area of about 30,000
square feet of buildable land as the minimum they would require.
Again, buildable land was expected to be above normal high
water line and where oak trees grow in the natural state.
~r. Petrucci's minor subdivision was granted because it
filled these requirements. His pre-existing private marina
also fulfilled requirements at the time.
ful-
I n reading the appeal, it appears that the proposed vari-
ance would result in ~uildable areas in excess of that required
of minor subdivisio~unless regulations have been changed with-
out my knowledge. ~
CC:
Southold Town Planning Board
.... Building Insp.
Stephen Griffing, Esq.
Sincerely yours,
John Wickham
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, NY 11971
STEPHEN F.
July 26, 1982
Re: Norman C. Boos
Dear Mr. Goehringer:
I respectfully request a re-hearing on the application of Norman C. Boos
to divide his property into a one residential plot adjoined by a pre-existing
non-conforming marina. I have discovered some additional information, which
was not presented to the Board and elect the opportunity to present these
newly found facts, which may affect your decision.
The circumstances under which I am making this application are that I
have been able to locate a copy of the minutes of the Board of Appeals of
May 4, 1972, which is enclosed and indicates that the Board of Appeals
tacitly approved Mr. Petrucci's Map last dated April 25, 1972. In reliance
upon that Mr. Petrucci thereafter, communicated with the Building Department
and received the letter from Howard Terry, Building Inspector, dated
October 29, 1974 confirming the May 4, 1972 minutes, a copy of which is
enclosed. Thereafter, with Health Department approval septic tank and water
supply were installed upon the lots shown on the April 25, 1972 survey and
was inspected and temporarily approved by letter of Robert A. Villa, Chief
Engineering Service, Department of Health. NYS Department of Environmental
Conservation Permit was also obtained for bulkheading, a copy enclosed.
Thereafter in 1974 by Deed Liber 7777 Page 251 the Easterly 40,000 square
foot lot was conveyed to Craig and Susan Lehman leaving Petrucci with the
property that is the subject of this application in which he subsequently sold
to the applicant, Norman C. Boos. In the offering of this property by Mr.
Petrucci to Mr. Boos, it was represented that it was a buildable lot and a
marina with Health Department approvals. The definition of the non-conforming
marina as set forth in the letter of the Zoning Board of Appeals dated June 1,
1978 was also a part of the contract of sale, a copy hereto annexed. Accordingly,
the applicant feels that to some extent the hardship in this case is to some
extent caused by the communications and assurances made by the Town of Southold's
Building Department and Zoning Board of Appeals.
SFG:cg
~' - · Encs.
Thanking you for your consideration of this request for reopening the
re-hearing.
5outho!d Town Board of Appeals -15-
May 4, 1972
The menfoers of the Board of Appeals held an informal dis-
cussion with i~ir. Robert Parkin, Bay Avenue, Cutchogue, New York,
regarding swimraing pool. Ma-. Parkin asked the Board of Appeals
to look over plans to see if, in their opinion, it is feasible
to start op:cavating. The Chairman stated that they did not see
any a:__~c_lty and scheduled a hearing for 7o-~ Thursday,
.~ P.M. ,
:':aT 25~ 1972.
The members of the Boar%,~_of Aopeals held an informal dis-
cussion with Angelo and~~etr'~cci, Bay Avenue, Cutcho ue
..e., _o .... ~r..etrucc~disc~eo 1968 map o~ has property with
:ne ooard and stated that he wishes ~o sell three lots. The
Puilding Inspector informed the = '~' ~
~o~.c ~h=~ on this survey- there
is mo?e than enough area for two lots but not enough for three.
,_.e Chairman stated that according to the l~]oo survey three lots
would be out of the question but two lots of 30,000 sq. ft. each
could be justified on a hardship b ..... Mr. Petrucci presented
the Board with a new survey of Van Tuyl sho.~_..5 40,000 sq. ft. and
43,000 sq. ft. and a piece of land across the ~anal that goes with
................. n informcd ?ir. Petrucci that according to the new
~urv~y cameo .~p. zl 25, !972 he does not need ~ variance.
:.irs. Gilbert of the 0ysterponds Historioal Society held an
informal discussion with the Board cf Appeals. ¥~s. Gilbert said
~, the Society had had a little souven:er shop inside Village
House whcre they sold postcards, m~ps~ etc. smd that this year
they would like to expand that operation. ~
---=~ would like to have
the shop in the right hand front room of the Vail House. It would
be open only two days a week, ' '~
T~rsa=y and Saturday, from 2:00 P.M.
to ~:00 P.M. in addition to maps and postcards they would like to
:?.ye some old, or antLoue, ~-~ ~ --
~ ..... ~ ~.~, people l~e to take home.
"'~-. ,~/l'3ert sho:.~od ~ ....... to the Board of the Vall House and
-,~ .... =u cue t::e room ~- - w .... to use. Z'u would only be open
-~:' s:&~ce mourns of the year. The Chairman ct~ted that the thing
~o do would be to apply for a soecial exce~tioM as relocating a
non-conforming us~ from one bui~dlng to another would be by special
exception under the present Ordinance.
On motion by Pm~. Gillispie, seconded by :.h-'. Bergen, it was
RE$0LI~D ~ * ~ ~-
~,~..,~, the next .... '~ '"~ ~' - of ~-'
· ..~e~n~ ~:.e Southol~ Town
Board of Appeals will be held at 7:30 P.M., Thursday, May 25, 1972,
~ ~ne Town 0~ce, Main Road, So
Vote of the Board:
~--~ i~onls.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
TOWN OF ~OUTHOLD
OFFICE DF ~'UILDING INSPECTOR
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y, 11~'71
October 29, 197W
Mr. Angelo Petruccl
S~y Ave.
Cutchogue, N.Y.
Dear Sir;
In reply to your telephone call today~ please be advised:
You have enough property on the South side of Bay Ave. ( Skunk La) to
set off two lots of 150 ft width and ~0~OO0 sq ft area.
This land was fi!!ed prior to the "wetland ordinance" and"
Department of Environmental Conservation" rules and regulations~ so there
will be no aroblem there.
You will have to submit "D.E.C" letter of approval to the
Suffolk County Health Dept. to get a cesspool ~:ermit for each lot.
. t.e pools
Once you have the cesspool termit you can install ~
any time it is convenient ~or you.
Yours truly
Building Inspector
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
MARY C. McLAUGHLIN, M.D., M.P.H.
November 5, 1975
Mr. Ang~lo P~Cruc~
Box 99
Cutehogue, New York
11935
Re: 4S0-159
Dear Mr. Petruc~:
In regard to the application referenced above, please be advised that
the septic tank and leaching pools have been installed and inspected by a
representative of this office. The w~ll has also be~n installed b~ not
inspected, and the ~er analysis is satisfactory. ~
Since there is no ho~e on the plot a~ th~ ~ime, we cannot issue any
approval u~il such time as the ho~e is cons~racted and the w~ll and sew-
age disposal connected to it.
Once the proper connections se made, our final approval ~ be granted
pendin9 proper submission of the required paperwork.
We hope this letter clarifies the situation.
Very truly yours,
Rob~t A. Villa, P. E.
Chief
General Engineering Services
RAV:cah
NEW YORK STATE DEPARTb[ENT OF ENVIROi'~iENTAL CONSERVATION
Building 40
State University of New York
Stony Brook, I,.',ew York 11794
~.ir. Angeio Petrucci
Bay Avenue, Box 99
E. Cutchogue, New York 11935
November 4, 1974
]k::r:t of
_ 1'ow .n of $oo l old
Re: Petition No. ~4- 15276-0108
Gent} emen:
Your petition for a Tidal Wetlands bIoratorium Permit has
beenreviewed by this office. As a result, we have determined
that
Construction of two homes and associated septic
systems, Bay Avenue, E. Cutchogue, New York, with no construction
or fill within 30' of line of mean high water
have no adverse effect upon adjacent tidal ~.~ettands.
Therefore, pursuant to Section 25-0202 of the Environmental
Conservation Law and 6 NYCRR, Part 66].3 (c), you are hereby
notified that no permit ~ill be necessary.
A copy of this determination must be available at the job
site at all times during construction activity.
SincereLy yours
D'~'ie 1 J./Larn~n
Loca~l Tid~Wet lands
Permit A~a~n~sEraror
DJL:GCC:n
cc: Corps of Engineers, Ne~ York District
Louis M. Concra
B!ew York State
Deporh~enJ of Environn~ental Co~serv~J'ion
Date Issued
]'own ot $oulhoid
The Sale of this Property includes the following:
Three hundred and seventy feet (370 ft.) on-
Bay Avenue or Skunk Lane
Cutchogue, New York 11935
1. The Marina or Boat-Basin provides slips for dockage of 35 boats, up to 24 ft.
2. Electricity a, nd Fresh Water.
3. A ramp to launch, take-out, service, or paint bottom of boats, etc.
4. A tool and utility concrete-block storage building with toilet.
5. The sale of gas and oil, consisting of a 575 gal. tank and electric-pump.
Inspected and passed May 29, 2978 by Suffolk County No. P-00854-P00853.
6. Water front building-lot, (43,500 sq. ft.) for construction of a house and
septic-system, no construction within (30 ft.) of line mean high-water.
Passed and Approved November 4, 1974 by New York State Dept. of
Environmental Conse,-vation, Stony Brook, New York.
7. Precast 900 gals. Septic tank, 5 shallow pools already installed, and inspected.
Approval date November 3, 1974, Permit No. 450159, Health Service Referenco
No. 4-50-159.
8. Water Supply tested and approved Oct. 24, 1975, Lot-A-4S0-160 by
H-2-M Corporation Water Analytical Service
500 Broad Hallow Water Road
Melville, New York 11746
Real Estate Property Tax for 1977-$460.12
Liability Insurance for 3 year policy--S210.00
NEbIYORK STATE DEPARTItENT OF ENVIRONHENTAL CONSERVATION
Buildin8 40
State University of New York
Stony ~rook, New York 11794
Mr. Angelo Petruccl
Bay Avenue, Box 99
E. Cutchogue, New York 11935
November 4, 1974
Jom ol So t old
Re: Petition No. ~- 15276-0108
Gentlemen:
Your petition for a Tidal Wetlands ~ioratorium Permit has
beenreviewed by this office, As ~ result, we hsve determined
that
Construction of two homes and associated septic
systems, Bay Avenue, E. Cutchogue, New York, with no construction
or fill within 30' of line of mean high water
will have no adverse effect upon adjacent tidal wetlands.
Therefore, pursuant to Section 25-0292 of the Environmental
Conservation Law and 6 NYCRR, Part 660.3 (c), you are hereby
notified that no permit will be necessary.
A copy of this determination must be available at the Job
site at all times durin& construction activity.
D~[ffie 1 J.
Local Ti~
Permit A~
~,our~-~
land s
Ln/sCrsCor
DJL:CCC:n
cc: Corps of Engineers, Ney York District
Louis N. Contra
I~OBERT W. I~"ILL. ISPIE, ,JR.
BOX ;33B
g-AST iVIARION, L.I.,N.Y. ~9;39
~16-477-13D9
July 27
1 982
~ G.P Goehrir~er
Chairman
Southold Town Board of Appeals
Southold New York
Appeal #2914
Norman Boos Application
Dear Gerry
Mm, Angelo Petrucci came to see me today on behalf of Boos.
You have also spoken to me about this application.
I enter the discussion with hesitation and not to interfere.
Ny recollection is that a four lot subdivision was approved by
the Board of Appeals sometime in the 1960's adjoining the Petrucci
marina..that the 100' easterly lot of this subdivision was sold
(now Wenks)..that at some point this 100' lot was increased in
width to 175'. Without tracing the complicated history of the
balance of the property as amended to two lots on 4/25/72 survey..
my understanding is that ownership of the balance rests with Boos.
with upland of 70507 sq ft..and that Boos wants to separate the
marina from the residential site. ,
The result of all this is that instead of four possible
residential lots and a marina.the possible density has been
reduced to two residential sites and a marina. It seems to me that
this reduction in density goes a long way toward making what was
a perfectly legal use(prior to Zoning) conform to ever-increasing
standards most of which the applicant has already met including
Board of Health,D.E.C.,and parking requirements. It should further
be remembered that any expansion of minimal services which the
marina provides is limited and defined by the June 1 1978 letter
and controlled by the Board of Appeals.
Havir~ been sued a number of times(even thou~ in a dO-gooder
role) and fully aware of small business difficulties in Southold
as are other members of the Board,I tend to sympathize with the
applicant's desire to separate his business liabilty from his
residence. In this connection I am increasingly aware of professional
people leaving the state of New York because of liability premiums.
In view of the foregoing special circumstances..some of which
may be new to you and the Board..it is my view that reconsideration
of this application without prejudice would be part of an orderly
procedure. Further I am convinced that an outcome favorable to
the applicant would not injure the safety,health,and welfare of
the Town of Southold
~}~Re sp~t fully .~
Retired CBho;ri~m~ OApfpetahesl ~pZ~d Town
July 26, 1982
Board of/lpPeai
own o{ Sonll]old
Board of AHpeals
Scuthold Town
Southold, N. Y. 11971
Gentlement
Today Mr. Angelo Petrucci called on me in reference to some
matters nertaining to bulk requirements for lots which include
wetlands.
For many years the bulk requirements for lots in the A
zone have been allowed to be f~lfilled with saltwater wetlands.
The area of such wetlands has also been allowed in comouting
units in the "N" district. If the code has been changed in this
regard t am not aware of it.
At the same time, in years ~ast, the Planning Boar~ in at-
temHting to be reasonable, and with the approval of the County
Board of Health, arbitrarily set a minimum area of abou~ ~0t000'
square feet of bu~Au=u~e za~u as ~ne mxnlmth~ ~ey woulG require.
Again, buildable land was exDected to be above normal high
water line and where oak trees grow in the natural state.
~r. Petrucci's minor subdivision was ~ranted because it ful-
filled these requirements. His ore-existin~ Drivate marina
also fulfilled requirements at the time.
I n reading the aooeal, it anpears that the proposed vari-
ance would resul~ in buildable areas in excess of that required
of minor subdivi~ons unless reMulations have been changed with-
out my knowledge.
Sincerely yours,
OCs
Southold Town Planning Board
" " Building Insp.
Steohen Griffing, Esq.
John Wickham
$outhold Town Board of Appeals -15-
May 4, 1972
The members of the Boar~ of Appeals held an informal dis-
' w~th Ma. Robert Park~n, Bay Avenue, C~tchogue, New York,
S~SSlOn ~
regarding swimming pool. Yz*. Parkin ~skea the Board of Appeals
to look over plans to see if, in their opinion, it is feasible
to start excavating. The Ch~zrman stated tnav they did not see
any "~' , .~
o~culty and scheduled a hearing for 7.~0 P.M., Thursday,
Xay 2~, 1972.
The members of the Board of Appeals held au informal dis-
.cussion with Angels and Hazel Petrucci, Bay Avenue, C~tchogue,
New York. Ma. Petrucci discussed 1968 map of his property with
the Board and stated that he wishes to sell tb~ee lots. The
Building Inspector informed the Board that on this survey- there
is more than enough area for two lots but not enough for three.
Ti~ Chairman stated that according to the 1958 survey three lots
wo~ld be out of the question but two lots of 30,000 sq. ft. each
could be justified on a hardship basis. Mr. Petrucci presented
the Board with a new survey of Van T~yl showing 40,000 sq. ft. and
43,000 sq. ft. and a piece of land across the canal that goes with
it. The Chairman informed M~. Petrucci that according to the new
survey dated April 25, 1972 he does not need a variance.
~V~s. Gilbert of the 0ysterponds Historical Society held an
n~or~.~=l discussion with the Board of Appeals. Mrs. Gilbert said
that the Society had had a little souvenier shop inside Village
wnc. e they sold postcards, maps, etc. s.n~ that tnzs year
they would like to expand that operaticu.
.... y would like to have
the shop in the right hand front room of the Vail House. It would
be open only two days a week, Thursday and
to ~:00 P.M. In addition to maps ~ ~ao~rday, from 2:00 P.I~.
a.a postcards they would like to
have some old, or antique, things that people like to take home.
~. Gilbert showed pzctures to the Board of the Vail House and
pointed out the room that they want to use. it would only be open
for three months of the year. The Chairman stated that tho thing
to do wonld be to apply for a special exception a~ relocating a
non-conforming use from one building to another would be by special
exception under the present Ordinance.
On motion by Y~. Gillispie, seconded by ~-- '
· ~. Bergen, it was
RESOLVED that the next regular meeting of the Southold Town
Board of Appeals will be held at 7:30 P.M., Thursday, May 2~, 1972,
at the Town Office, Main Road, Southold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Origonls.
TOWN OF SOUTHOLD
r'IFFIF~E OF B*UlLDING INSPEnTOR
TOWN CLERK'S OFFIOE
SOIITHOLD, N. Y. 119'71
TEL.
October 29, 1975
Mr. Angelo Petruccl
S~y Ave.
Cutchogue, N.Y.
Dear Sir;
In reoly to your telephone call today, please be advised:
You have enough property on the South side of Bay Ave. ( Skunk La) to
set off two lots of 150 ft width and 40,000 sq ft area.
This land was filled prior to the "wetland ordinance" and"
Department of Environmental Conservation" rules and regulationsy so there
will be no problem there.
You will have to submit "D.E.C" l~Zer of approval to the
Suffolk County Health Deot.. to get a cesspool .~er=it ~o. ~ ~ each lot.
Once you have the cesspool permit you can install the pools
any time it is convenient ~or you.
Yours truly
Building Insr~ector
:'~Y 17,1978
In reference to your 1.et%er dated ~ay 6.i97~ accel bas 'buulness Iconduc%
on ~he ~ou%n ~ide cf my property on ca3 ~v~nu~ or
*fo= t:~e oeat of my Anowledge I j~v~ you the fo!lcwlnz. Information.
. ~ou.~C my proper~y in 19*7 from ~..2alph tt~mllr~ of Cutcnogue.
In 194u I applied fo~ and received a ~1~ Pe~lt Imom Sou%hold To~n
T~atee .~ ~oldsmith with approval of ~upe~isor ~o~an
,~y ~3roper~y ~r ~he p~:',po~o o~' a ~oat ~sln ~-
In ~he fall of 1948 I hired %~e Sou~a Shore Dr~X~
To Jredge %no 3oat ~sln for
~y 1950 Lne 3oat Basin was in full workin~ operation with fresh water
electricity. That same year i accommodated doc~a~e for' m~ou~ i~ oz, 19
By 1954 ! h~d 28 boats more or less,that year i started %o sell E~s mn'! o11,
for the convenience? of my customers~
In 1957 members of th~ zoning Committee Consis~In.~ Of' ta~ followin~ memDers,
~to ~an Tyle,Harold Eeeve, and John wickham insp~cted and approve~ the
existence of my presen~ ~oat ~aeln and a~reed %hat ~his community was In
need of this type of service ,as all my c~atomers then and now are nei~bore~
and residents of l:a~sau Pt. and Easeau Farms,who ne,fl the f~cllltles that
taxa Scat Basin ~rovlde
In reference $o thim same property I would like %0 ~oI.~% out a~nd h::v~ the
Soard ~e a~are~of ~ha%
~slnesa ~ 1954 To 1974, and conducmed all phases oi* ~aXs ous/ncs~
inelu~ %he Boa~ ~asln 5~siness on %he s~e 2a~=el of Zrepc~y.
~s of %o ~te I o~ld acco~oaa~e
De%ween Sixteen or Twenty
He,ever fo~ my ~rpoze I choose ~o Xee~ Thirty iwo %o i~.Irty ~lve ~oa%s.
Hopln~j ~hl~ reduce ~111 mee~ wl~ your approval,and i will meceiv~ a
~ta~=men~ f~om your
~a~ You very much.
3roadw~ters Cove Boat
~y :~v~nuo
~cd~ ~1:~-7Z4~ 66~4
,/
APPEALS BOARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
ROBERT BERGEN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
,\
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119'71
TELEPHONE 765 ~L-~×
1802
May 16, 1978
Mr. Angelo G. Petrucci
Bay Avenue
Cutchogue, New York 11935
Dear Mr. Petrucci:
Relative to your appearance before the Board of Appeals
on Thursday, May 4, 1978, the Board would appreciate
your setting forth all phases of business that you have
conducted on your property on the south side of Bay Avenue
since you have owned the property.
Upon receipt of this information, we should be able to
solve all problems concerning this property.
Thank you for your help in this matter.
Yours truly,
ROBERT W. GILLISPIE, JR.
CHAIRMAN
RWG:bcc
NEW YORE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PERMIT
~ PERMIT NO.
10-81-0184
UNDER THE ENVIRONMENTAL CONSERVATION LAW
ARTICLE 15, (Protection of Water) :]~ ARTICLE 25, (Tidal Wetlands) .
ARTICLE 24, (Freshwater Wetlands) ~ ARTICLE 36, (Construction in Flood Hazard Areas)
J PER,~'HT ISSUED TO
NOm N C. OOS
AO°R~SSo~P~'fE~Cedar St., Massape.qua, N, Y. ll?SS
LOCATION OF PROIECT tSec~ion of stream, tidal wet!and, dam, building)
Broadwaters Cove Dredged Inlet
Construct a single family dwelling, sanitar~ system and driveway all
greater than 85' from the inlet. Subdivide the property into two lots pursuant
to the Robert A. Kart, L.S. survey dated lO/15/gl submitted.
COUNTYSuffolk EIACOMMUNITYNO:
GENERAL
t. The permittee shall file in the office of the appropriate Regional
Permil Administrator, a nolice of intention to commence work at least 48
hours in advance of the time of commencement and shall also notify him
promptly in writing of the completion of the work.
:. The pe~mdled work shall be subject to inspection by an authorized
represeutative ot the Department of Environmental Conservation who may
let the work suspended if the public interest so requires.
As a condition ot the issuance of this permit, the applicant has ac-
copied expressly, by the execution of the application, the full legal respon-
sibilily for all damages, direct or indirect, of whatever nature, and by whom-
ever suffered, arising out of the proiect described herein and has agreed to
costs of every name and description resulting from the said project.
4. Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across lhe
bed of the walerway or flood plain or deep holes lhat may have a tendency to
at the ~ocality shown on [he drawing hereto attached, and, if so prescribed
!hereon, within or behind a good and substantiaf bulkhead or bulkheads, such
6. There shall be no unreasonable interference with navigation by the
7. That if future operations by the State of New York require an a~teration
in the position of the structure or work herein authorized, or if, in the opinion
of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flow~ or endanger
the health, safety or welfare of the people of the State, or loss or'destruction
~f the nalural resources of the State, the owner may be ordered by the Depart-
~ereby without e~pense to the State and if upon the expiralion or revocation
~ ~h~s permit the structure hH excavaUon or other mod~ficat on of he
ercourse hereby authorized shall not be completed, the owners shall,
:~ut expense 1o the State, add to such extent and in such time and manner
,~0rtion of the uncompleted structure or fill and resoe o s Jormer
· ~n Ihe navigable and flood capacity of the watercourse. No claim shall
(SEE REVERSE SIDE)
~outhold
DAM NO. J PER~SE~%R.~ON DATE
i ~,/....,,/.~./
CONDITIONS
8. That the State of New York shall in no case be liabJe for any damage
or injury to the structure or work herein authorized which may be caused by or
result from future operations undertaken by the State for the conservation or
improvement of navigation, or for other purposes, and no claim or right to
compensation shall accrue from any such damage.
9. That if the display of lights and signals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may be pre-
scribed by the United States Coast Guard shah be installed and maintained
by and at the expense of the owner.
10. All work carried out under this permit shall be performed in accor-
dance with established engineering practice and in a workmanlike manner.
11. If granted 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, rescind or modify this permit in such a manner as may be found to
be just and equitable. If upon the expiration or revocation of this permit, the
modification of the wetland hereby authorized has not been completed, the
applicanl shaH, without expense to the State, and to such extent and in such
time and manner as the Department of Environmental Conservation may require,
remove all or any portion of the uncompleted structure or fill and restore the
site to its former condition. No claim shall be made against the 5tale of New
York on account of any such removal or alteration.
12. This permit shall not be construed as conveying to the applicant any
right to trespas§ upon the lands or interfere with the riparian rights of others
to perform the permitted work or as authorizing the impairment of any rights,
title or interest in real or personal property held or vested in a person not a
party to the permit.
13. The bermittee 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 the Environmental Conservation Law and
· Part 500 of $ NYCRR (Construction in Flood Plain Areas having Special Flood
Hazards - Building Permits) and in no way 5isnifies that the project will be
free from flooding.
15. By acceptance of this permit the permittee agrees that the permit
is contingent upon strict compliance with the special conditions on the
reverse side.
'SPECIAL CONDITIONS
16. Sanitary System to be located between the proposed dwelling and
Bay Ave. and at least 100' from any surface water.
17. The driveway shall be of a ~pervious nature and not paved or
oiled.
DJL:cg
c.c. LAW ENFORCEMENT
attachment
File
Note: We are returning Your Check No.
842 for $25.00--
PEP. MIT ISSUE DATE
2/2/~/82
I OA~TW,~. ,¢/.~ I?-¢¢,~?~':*, ¢4" ¢_ I~Z~g. ~0, SUer Brook,
PERMIT SIGN
No'
has been issued to: ~o~ o. ~oo~
address: ~ Cedar St., bfassapequa, N. Y. 11758
the ~nlet. Subdivide the property into two'lots pursuant to the Robert A. Kart, L.S.
dated 10/15/81 submitted. Suffolk County
fsmily dwelling, sanitary system, and driveway ~1 greater than 85 feet from
survey
under the Environmental Conservation Law,
Article 15, {Protection of Water)
Article 24, {Freshwater Wetlands)
Article 25, {Tidal Wetlands}
Article 36, {Construction in Flood Hazard Areas} ~ ~
Pe~nlit Administ~tbt ~ '"~-'iR
Environmental Conservation 2/m+/82
Date Issued
New Yo~k State
Department of
k
NEW YORK STATE DEPART~NT OF ENVIROI~ENTAL CONSERVATION
Buildin8 40
State University of New York
Stony Brook, New York 11794
Mr. Angelo Petrucci
Bay Avenue, Box 99
E. Cutchogue, New York 11935
November 4, 1974
Re: Petition No. ~- 15276-0108
Gentlemen:
Your petition for a Tidal Wetlands ~ratoriua Permit has
beenrev~ewed by this office. As · result, ye have determined
that
Construction of two homes and associated septic
systems, Bay Avenue, £. Cutchogue, New York, with no construction
or fill within 30' of line of mean high water
will have no adverse effect upon adjacent tidal vetlands.
Therefore, pursuant to Section 25-0292 of the Environmental
Conservation Law and 6 NYCRR, Part 660.3 (c), you are hereby
notified that no permit w~ll be necessary.
A copy of this determination must be available at the Job
site at all times during construction activity.
Local Ti~
Permit A~
~our~.~
Lnistrator
DJL:C, CC:n
cc: Corps of Ensineers, New York District
Louis N. Concra
COUNTY OF SUfFOLI~
DEPARTMENT OF HEALTH SERVICES .
February 20, 1980
Angelo Petrucci
Bay Avenue
Box 99
Cutchogue, New Yor. k
SECOND NOTICE
11934
DAVID HARRIS, M.D., M.P.H.
RE: 4-SO-159 - s/s Bay Avenue, 300'
Cutc~ogue, N. Y.
Dear Mr. Petr?~ci~
w/o Pinetree Road,
A recent check of our files indicates that this office has
never issued a final approval for the above referenced job.
Please be advised that it is'illegal to occupy the building
until the following paperwork is submitted to this office and/
or the following inspection(s) are completed:
Well Driller's Certificate
Water Analysis
Cesspool Certification
Final Surveys (4 prints - no photocopies)
Other we must make an inspection of line to tank and
the final grade over the poolS. We. must also make an
inspection of the well.
Should you have any questions, please
this office.
Very truly yours,
Calvin M. Smith
Senior Sanitarian
cc: Town Building Department
feel free
to contact
H2 CORP. / Environmenfel Engine(~x Scientists
HOLZMACHER, McL[NDON & MURRELL
500 BROAD HOLLOW ROAD, MELVILLE. NEW YORK 11746 (516) MY 4-3043
WATER RESOURCES WATER SUPPLY & TREATMENT SEWERAGE & TREATMENT
-Date Date of
Received 10/22/75 i Anal,/sis
Wafer
] Supply Harry Goldman
Lab. Date
No. 506547 & 560368B Co ecfed 10/21/75
Premises
An$elo Petrucci
s/s Bay Ave. Cutchogue
Address
cold water faucet One: Distribution
LmJ (specify)
One:Check ['~ RouHn. E] Resample D Special DComplalnf
Field No.
3
Time
Col. By HG
TEST 5603~8~ RESULT TEST RESULT ,~
TEST
RESULT
APC/ml ~ Phenol
35°C 24 hrs. -- Nifr~es (mg~lN)~] i 8 Alkalinity (mg/lCaCO3)
Coliform Chemical O~/gen Total
MPN/~00ml < 2 2 Demand {rog/I} "
~ ~ ~ Phosphate {mg/IP}
Odho
Co'or (unHs) ChlorMes (mg/I)i I I I~4,~ ~hosphate (mg/, ~} ~
Turb;dffy (units) Total MISCELLANEOUS
Hardness (mg/JCaC03) Test Code Result
Alkelinify (mg/ICaC03) Copper (mg/I) 0
Oaor: Ho~ pH 6 ,3 (mg/~ SO'] 0 S
Total Acidity
t Manganese (mg/i) Specific L
Free CO2 (mg/I) I Magnesium
Nomograph . Titration M~AS (rog/I) 0 (rog/I) I 5 ~
O~ygen (rog/il Nitrogen (m~/I) i 6 ~_
ammonla (rog/IN) Chromium {mg/ICr+6} j
Ammonia {rog/IN) ~ Hardness (rog/ICrC03)
Copies fo:
Remarks:
Lot A
4 S0-160
: Satisfactory.
AMOUNT PAYABLE
Signafu( Ti fie
Date 10/24/75
Laboratory Director Reported
5. C. McLendon
Phone: 516-298-8393
MATTITUCK PLUMBING & HEATING CORP.
BOX 1429, MATTITUCK, N. Y. 11952
WE SELL · WE INSTALL
· WE GUARANTEE
October 21, 1975
SuFfolk County Dept. of Health
County Center
Riverhead, N.Y. 11901
Gentlemen:
Job ............... A. Petru¢ci
Location ...... ~--Bay Ave., Cutchogue
Lot ~A
Depth ............. 33'
Static ............
Licence .......... -~864
well ............. -~S-56590
Public Health .... -~,4-S0-160
well size ......... 2"
Remarks: Driving discontinued due
to salt water at lower level.
Very truly yours,
MATTITUCK PLBG. & HTG. CORP.
Harold wllsberg
]~//ab
SHALLOW LEACHING SYSTEM
()
A. Use one (1) 900 gallon reinforced precast concrete Septic Tank.
B. Use five (5) 8 ft. diameter, 2 Et. high precast concrete
leaching rings.
C. Use 4 inch diameter, class 2400 pipe throughout.
D. The wasteline from the Septic Tank should enter the middle ring
as high as possible.
E. Use four cross-over pipes between the middle ring and the four
outside rings, ~ inches above the bottom.
F. Backfill material shall be course sand and gravel.
G. Slabs shall be a minimum of 6 inches thick, 8 ft. in diameter.
H. Solid concrete cover to be minimum 1 foot below grade.
I. Bottom of pool to be minimum of 2 feet above ground water.
Sewlge Dzsposal .~' Water Supply Inspection '
.J~b: _..~ ............................................ Permit No..~..~...,_0._~._~
[] Disposal System Apprgved-Backfill ~]~....~LC~¢
......................................................... · ........
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
Phone: Hauppauge: 234-2622 -- Riverhead: 727-4700
SUF LK COUNTY DEPARTMENT OF HEALTH S"~RVICES Health Services
Reference Number
APPLICATION FOR APPROVAL TO CONSTRUCT :
A PRIVATE SEWAGE DISPOSAL SYSTEM AND A WATER SUPPLY
3. Public Wate~ Compan~ Name
4. Lot size: Width ~h~ feet
lO.
Appl~cantO~'~~ ~ Phone ?~ -
Address ?.~-~ ~ c~.~ ~.~..~., -,
Property Location ..... ~,~. ,~.~_~ f.~...,
Village /~ Township
5. Subdiv. ~
6. Section
7. Lot Number
8. Private Well
9. Public Water
ll.
Sewage Disposal System:
A. ~O'gallon septic tank:
Precast ~Equivalent Block
Length
B. Leaching pools:
Number of pools., ~
Precast [~ Block Special
If private well, fill in the fol-
lowing blanks:
A. Tank capacity ~gallons
B. Pump G.P.M... ~
C. Total well depth.,,
D. Depth to ground water
E. Amount of water in well
Distance to main
feet
(For Health Services 'Dept. Use)
The undersigned CERTIFIES: "Construction of authorized installations wil1 be in accordance
with the Suffolk County Department of Health Services' current standards thereto." This
application will be valid for one year from the date of approval indicated below and may
be renewed if a current local Building Department Permit is in effect.
Date Signed
FOR THE DEPARTMENT OF HEALTH SERVICES~ USE ONLY. Based on the information presented here-
with, it is the opinion of the Department of Health Services that an adequate and satis-
factory Sewage Disposal System and Water Supply can be installed on this plot.
APPROVAL DATE
S-15
SIGNED