HomeMy WebLinkAbout2960Southold Town Board of Appeals
HAIN RI-lAD- ~TATE RJ3AD 25 51:3UTHEILD, L.I., N.Y. 11971
TELEPHONE (518) 78§-180g
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2960
Application Dated March 12, 1982
TO: Mr. Gerasimos Fioravantes
Mr. David E. Kapell as agent
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June 5, 1982
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article III , Section 100-30C
[ ] Request for
The public hearing concerning this appeal was held on April 14, 1982.
Upon application of Gerasimos Fioravantes, 265 Fourth Avenue,
Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article
III, Section 100-30C for permission to use accessory building for
habitable guest accessory use. Location of Property: 8220 Main Road,
East Marion, NY; bounded north by Main Road; east by Amott & another;
south by Smith & ano.; west by Cotrone and another; County Tax Map
Parcel No. 1000-31-8-1.1.
The board made the following findings and determination:
By this appeal, appellant seeks a use variance to change the
use of an accessory storage building to that of a guest house.
The premises are located on the south side of N.Y. Route 25 in
the hamlet of East Marion. It has a frontage on Route 25 of 154.80
feet and an area of 40,000 square feet. The premises are located in
the "A" Residential and Agricultural Zone District. The premises are
shown on the Suffolk County Tax Map as District 1000, Section 031,
Block 08, Lot 001.1.
There is located on the premises a two-story wood-frame private
dwelling containing four bedrooms, which appellant occupies with his
wife and three children. A two-story wood frame accessory storage
barn is located in the rearyard. Appellant, without a building per-
mit, has partially structurally altered this building. It would
appear from the testimony of neighbors and appellant's building per-
mit application that the accessory building is 24 feet by 19 feet
in size with a 20 ft. by 14 ft. garage attached to the east side
thereof. Appellant proposes to alter the accessory building to
provide for a living room, bedroom and full bath on each floor.
Access to the second floor is by an outside stairway. The second
floor will also have a 19 ft. by 8 ft. deck.
The change of use sought by the Appellant is not an accessory
use permitted in the "A" District by the Zoning Code (Section
100-30C). Additionally, the building exceeds the 18 ft. height
limitation specified in Section 100-32 of the Zoning Code.
Since Appellant requests a change of use to a use not per-
mitted by the Code, the variance is a ~se variance, which may only
(CONTINUED ON REVERSE SIDE HEREOF)
DATED:
Form ZB4
June 5, 1982.
(rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2
Appeal No. 2960
Matter of Gerasimos Fioravantes
Decision Rendered June 5, 1982
be granted by this Board upon proof that: (1) that land in ques-
tion cannot yield a reasonable return if used only for a purpose
allowed in that zone; (2) that the plight of the owner is due to
unique circumstances and not the general conditions in the neigh-
borhood which may reflect the unreasonableness of the Zoning Code;
and (3) that the use to be authorized by the variance will not
alter the essential character of the locality.
Appellant has failed to demonstrate unnecessary hardship and,
accordingly,
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that the variance be and hereby is DENIED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Absent was Mr. Doyen (Fishers Island).
LECEIVED AND FILED BY
Ti{E SOUTIiOLD TOWN CLERK
Town Clerk, Town of ~outhold
APPROVED
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 Wednesday,
April 14, 1982 commencing at 7:30 p.m. and as follows:
7:30 p.m. Application of Ewald Karbiner and Joseph
Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L.
Price, Jr., Esq.) for a Variance for Approval of Access,
New York Town Law Art. 16, Sec. 280A. Location of Property:
155 Sunset Path, Southold, NY; bounded north by Sunset Knoll
Association; east by Sunset Path; south by Offenheiser; west
by L.I. Sound; County Tax Map No. 1000-54-4-33.
7:40 p.m. Application of Arthur M. Schwartz, M.D.,
240-11 Maryland Road, Douglaston, NY 11363 for a Variance
for Approval of Access, Art. 16, Sec. 280A, over a new
right-of-way located off the northeasterly side of West-
phalia Avenue, Mattituck, NY; bounded north by Howard's
Branch; west by Berner; south by Penny and ano.; east by
Munz; County Tax Map Parcel No. 1000-113-9-10.1.
t2~65 ~
he
7:45 p.m. Application of Gerasimos Fioravantes,
Fourth Avenue, Brooklyn, NY 11215 for a Variance to
Zoning Ordinance, Article III, Section 100-30C for
permission to use accessory building for habitable guest
accessory use. Location of Property: 8220 Main Road, East
Marion, NY; bounded north by Main Road; east by Am~tt & ano.;
south by Smith & ano.; west by Cotrone & ano.; County Tax
Map No. 1000-31-8-1.1. ~
8:05 p.m. Application of Richard Zeidler, 55 Whippoor-
will Lane, Patchogue, NY for a Variance to the Zoning Ordi-
nance, Article III, Sections 100-31 and 100-36 for permission
to construct addition to dwelling reducing sideyard area.
Location of Property: McDonald Road, Laurel, NY; bounded
northeast by Chisholm; southeast by Great Peconic Bay;
southwest by Brushes Creek; northwest by McDonald Road;
Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15.
8:10 p.m. Application of Warren A. Sambach, 173 Hill-
side Avenue, Williston Park, NY 11596 (for Aaron Shikler and
wife) for a Variance for approval of access, New Yo~k Town
Law Ar~. 16, Sec. 280A. Location of Property: Private
Right-of-way off Main Road, East Marion, NY; bounded north
and south by Swick; west by Swick, and Wiglom; east by Swick
and Jayne; CTM No. 1000-23-1-7.
8:15 p.m. Application of Mattituck Chamber of Commerce,
P.O. Box 1056, Mattituck, NY for a Special Exception to the
Page 2 - Legal Notice of Hearings
Board of Appeals Regular Meeting of
April 14, 1982
Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis-
sion to erect an off-premises advertising sign in an A-Residen-
tial and Agricultural Zone, upon property of L. Tuthill, North
Side of C.R. 48, Cutchogue, NY; further identified as County
Tax Map Parcel No. 1000-101-1-4.
8:15 p.m. Application of Mattituck Chamber of Commerce,
P.O. Box 1056, Mattituck, NY for a Variance to the Zoning
Ordinance, Article VII, Section 100-70C for permission to erect
an off-premises advertising sign in a B-1 Zone, upon property
of R. Nine, located at the southeast corner of C.R. 48 and
Westphalia Avenue, Mattituck; bounded north by C.R. 48; west
by Westphalia Ave.; south by Sidor & ors.; east by Urist,
Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel
No. 1000-141-3-22.
8:15 p.m. Application of Mattituck Chamber of Commerce,
P.O. Box 1056, Mattituck; NY for a Special Exception to the
Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis-
sion to erect an off-premises advertising sign in an A-Residen-
tial~ and Agricultural Zone, upon property of Greenbriar Homes,
Inc., located at the north side of Main Road, Mattituck, NY;
bounded north by Adel; west by Garrell; south by Main Road;
east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5.
8:20 p.m. Application of Mattituck Chamber of Commerce,
P.O. Box 1056, Mattituck, NY for a Special Exception to the
Zoning Ordinance, Article III, Section 100-30C(6) If] for permis-
sion to erect an off-premises advertising sign in an A-Residen-
tial and Agricultural Zone, upon property of R. Reeve, located
at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck,
NY; further identified as County Tax Map Parcel NO. 1000-120-3-8.
8:30 p.m. Application of William J. and Ruth Boylhart, by
William B. Smith, 220 Mechanic Street, Southold, NY for a
Variance to the Floodplain Management Law, Chapter 46, Section
46-18A for permission to construct lower floor below the
minimum-required base flood elevation above mean sea level.
Location of Property: 1370 Latham Lane, Orient, NY; Subdivision
of "Land's End," filed Map No. 5909, Lot 4; County Tax Map
No. 1000-15-9-1.4.
Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
Instructions to newspapers: Please publish once, April 8, 1982 and
forward affidavits of publication to: Board of Appeals, Main
Road, Southold, NY 11971 on or before April 12, 1982.
Copies sent on 3/22/82 to:
Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz
Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040
Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363
r~.~simos Fioravantes, 265 Fourth Avenue, Brooklyn 11215
Copies sent on 4/3/82 to:
Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772
Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596
(for Mr. and Mrs. Aaron Shikler)
Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952
Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971
(for Mr. and Mrs. William J. Boylhart)
Town Clerk's Bulletin Board
Supervisor and Town Board Members
Planning Board
Individual Files
.I
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
F eNo ................................ Date .............
To .G'..L.=..g'..A.?.I..~.0.3'. .... .~..! ~..[~../.~V3/',)TE5
PLEASE TAKE NOTIC£ that your application dated .............. .~. ~.?-~...
for pe~it to constmc ............................................................
Location of Property hbbsb ~o~ ....................... ~bi .....................
County Tax Map No. 1000 Section . .3. [~ ..... Block ..... $ ....... ~t . .I.~ .[ ........
Subdivision. ~ .... Filed Map No ........~ ........ Lot No ..................
is returned herewith and disapproved on the follow~ grounds..~.~.
.~7..~ .... t.E.~.~...~ .................................................
Building Inspector
It~U.M' BO, 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ......................................... 19 ........
Application No ...............................
Approved ........................................ , 19 ........ Permit No .....................................
Disapproved a/c ........................... ' .................................................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This application must be completely filled in by t~pewriter or in ink and submitted in triplicate to the Buildin
Inspector, with 3 sate of plans, aCcUrate p at p an to scale. Fee according to schedule.
b. Plot plan showing Iocat on of lot and of buildings on premises, relationship to adjoining premises or Public streets c
areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which Js port of this applicatio~
c. The work covered by ~hJs application may not be commenced before issuance of Building Permit.
d. Upon approval of this~application, the Building Inspector will issue a Building Permit to the applicant. Such permi
shall be kept on the premiSes avqi~able for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certif~ate of Occuponc-
shall hove been granted by the Building InsP~-tor.
APPLICATION IS HEREBY MADE .to the Building Department for the issuance of a Building Permit pursuant to th.
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o
Regulations, for the construction of buildings, additions or alterations, or for remove or demol ton, as herein describe~
The applicant agrees to comply with all applicable laws, ordinances, bui d ng code, housing code, and regu at one, and t.
admit authorized inspectors o~, premises and n bu Idings for necessary inspections.
(Signature of oppliconr~rl~';;;i~) '"
[Aaaress of ppplicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor~ electrician, plumber Or builder
If applicant is a corporate, signature of duly authorized officer.
(Nome and title of corporate officer)
Builder's License No. :....,x~.. ........ ; ......................
Plumber's License No. ................................................
Electrician's License No ..............................................
Other Trade's License No ...............................................
Location of land on which pr~ed work will be d~e. Map No.: ........................................ Lot No .........................
Street and Numar .~.~.~...~~/..~.~~.....~ ...............................
Municipali~
State existing use and ~cu~ncy of premises and intended use and ~cuponcy of pr~ed construction:
a. ~isiting u~ and ~cu~n~ ~~ ~ ~~' ...................
b. Intended u~ and ~cu ~ .~C~~ ~2 ~C~~ [~
. .........................................................
County Tax Map No. D~. lO0~Section /~ B~ock~ Lot
3. Nature of work (check whid ,licoble): New Building' · ................. 4~Jition .................. Alterati~on . .: ....
Repair .................. Removal .................. Demolition .................... Other Work ....................................................
4. Estimated Cost .................................... Fee ...........................
(to be paid on filing this application)
5. 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 type of use ............................
7. Dimensions of existina structures, if anv' Front .....~:'......'~.. .............. Rear ..... ~...~), ................. Denth
8. Dimensions ofeentire new construction: Front ...... ~ ........................ Rear ...... ~-~ ................ Depth ..../...~... ........
1 i. Zone or use district in which premises are situated .....~......~'X~.~....~..~..~.~..~.......~:.. .........................................
12. Does proposed construction violate any zoning law, ordinance or regulation: ........ .,/~..~. ......................... ~ ..........
13. Will lot be regraded ..... ~.. ......... Will excess fill be removed from premises:
Name of Architect .~:Z-~-~ .......................................... Address ..~,~. ..... .mane ~o. ......................
Name of Contractor ....~..~' .,~.....~...~.--~.. ................................ Address ................................ Phone No .......................
PLOT DIAGRAM
Locate cleariy and distinctly oil buildings, whether existing or proposed, and indicate all set-bock dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate
whether interior or corner lot.
STATE OF NEW YORK, .,' Icc
COUNTY OF ..~'(,//C-v~x~.~a~..(.....f~'~
(Name of individual signing contract)
above named.
He is the ~ ~~......~. .............................................
(Contractor, agent, corporate officer, otc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this application; that all statements contained in this application are true to the best of his knowledge and belief; and
t~ the work will be performed in the manner set forth in the application filed therewith.
Swam .toJa~f_ ore me this
............ · .~ ....... day ...... ..................... i.....~.., 1 ........
·
Notary ~.P~u b~.~..~..../~..~... :. ............. County ........... ~..K~..~ ...................
6~' N~ ~2-3945400
~ualifled in Suffdk Coun~lg
EROM DEOS ON
TOWN OF $OUTHOLD, NEW YORK
OF BUILDING INSPECTOR
APPEAL NO. C~ ?~ ~)
DATE ..~..~.~..1L,....],9...8 2
TO'THE ZONING' BOARD OF~PPEALs TO.w.N OF SOUTHOLD, N.Y. ' ~" "'
1 ~ GE~ ['.:[O~**)(**/~J~Fp,J~;' of" 2~:,FD~ .Av~e, ~-~, ~ :~:.
Name of Appellant Street and Number
........... ~.l~g.O. kJ3~.,...~,J~ ............................... lqew..~ork ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ............ ..D~....~..9..h....],.0..,.....1.~.8...2. .......
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
Street and Number Municipality State
(~) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(XI , Pemisston to use ac, cessory storage building as suest house (no codcL~
Use D,str~ct on Zon,ng Map
Street
..~L.s.E;.Lo...o..o..,....S.e.c.~,.....o...3.L,...o..o..,...~.Le...c.k..O..S. ,oo, Lot OOl, 00,
Map No. Lot No,
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Sect. 100-30~
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
A: VARIANCE doe fo-~lac~~ of access'~(State'of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. s~bsectibn 3 r : ...... (ii . ~ ; r j
~e~sion t~, ~se ~ccesso~ sto:age, b~,i~s~ as;.~s,}, hO~ .(po coo~)
4. PREV 0 PE L A prey s ap eol {~ (has got) been mgde.with ~es~ect '" "~
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
(X) Guest accessory h~bitable use is not listed as a pet~Ltted use.
is requested for the reason that
Applicant wishes to convert existing accessory storage use building
to habitable guest accessory use.
Form ZB1 (Continue on other side)
REASON FOR APPEAL
Continued (I~',' ?:1 '' '
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because a{)plic~nt has many friends and relatives wh6'~ c6me from
Ions distances to visit him. Applicant's home is on the premises and
applicant wishes to have a place for them as ~uests to sleep and not be
compelled ~o make ,~he Ions trip back to the city. .
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
'vicinity of this ibropeft~, an~ in this use district because other slOop'&ge u. se b~ildi~ss in
the~ immediate area and in the Township are presently used for the requested
pu~po se.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the use l~ll be in ~l.3~l~3ny with and promote
the gene~al pu~oses of the Zonins O~di~nce nd the use will not prevent
~he o~de~ly ~d reaso~ble use o~ adjacent p~pe~ties and the s~ety,
~ health, welfare, co~Ort ~d con~eni~ce nd'o~der o~ the ~ ~11 not
be adversely ~ected by the proposed use ~d its location. The character
of the district is similar to th~ applic~t's proposed use.
COUNTY OF SUFFOLK ) Signature
Sworn to this /
.............................................. day ~f ............. l~.~9~ ............................. : ]982
Nota'rV Public
..' :iied in Sufl'cik Counly
Commis;io: Expires March 30, I~'~%
J
S thold Town Board of Appeals
'~" '°~'"~ ~°~ ~" '°~°'~'~-'"~"~-,"'~'o.~"~"'0-'''~--'~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
June 8, 1982
Mr. Gerasimos Fioravantes
265 Fourth Avenue
Brooklyn, NY 11215
Mr. David E. Kapell
Main Street
Greenport, NY 11944
Re: Appeal No. 2960
Gentlemen:
Please find enclosed herewith for your records a copy of
the findings and determination rendered on Saturday, June 5,
1982 and filed this date with the Office of the Town Clerk
concerning the above appeal.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Enclosure
Copy of Decision to
Building Department
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
LEE E. KOPPELMAN
DI R ECTOt~t OF PLANNING
Mr. Charles Grigonis, Jr., Chairman
Town of Southold Zoning Board of Appeals
Southold Town Hall - Main Road
Southold, N.Y. 11971
June 3, 1982
Re:
Application of "Gerasimos Fioravantes"
(#2960), Town of Southold (SD-82-5).
Dear Mr. Grigonis:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk County Planning Commission on June 2, 1982 reviewed the
above captioned application and after due stu~ and deliberation Resolved to dis-
approve it because of the following:
1. Sufficient information has not been submitted to demonstrate compli-
ance with applicable variance criteria;
2. It would tend to establish a precedent for the furtherance of such a
practice in the locale and throughout the Town of Southold; and
3. A self-imposed hardship appears evident as applicant oroceeded with
extensive renovations in contravention of zoning requirements.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
GGN:jk
Southold Town Board of Appeals
MAIN I~0A0- STATE I~0AO 25 c:OUTHOLD, 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:
XX Variance from the Zoning Code, Article III , Section 100-30C
Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
__ Special Permit
Appeal No.: 2960 Applicant: Gerasimos Fioravantes
Location of Affected Land: 8220 Main Road, East Marion
1000-31-8-1.1
County Tax Map Item No.:
Within 500 feet of:
or
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
__ State or County Road, Parkway, Highway,
__Boundary of Existing or Proposed County,
Owned Land
__ Boundary of Existing or Proposed County,
or Other Recreation Area
Thruway
State or Federally-
State or Federal Park
__Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to use accessory building
for habitable accessory guest use in addition to main dwelling.
Please see etta=hed.
Copies of Town file and related documents enclosed herewith for your
review.
Dated: May 7, 1982.
Secretary, Board of Appeals
Southold
Town Board of Appeals -6-
(Appeal No. 2959 - Arthur M. Schwartz, M.D.,
April 14, 1982
continued:)
MR. WICKHAM continued:
If we can do it on behalf of Mr. DiVello, certainly I would
like to do it with notice to the others, of course.
CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody
else who would like to speak in behalf of this application?
Anybody to speak against the application? Any questions from
any board members? (None) Hearing no further comment on either
side, I'll make a motion closing the hearing and reserving
decision until a later date.
MEMBER SAWICKI: Second.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision until a
later date in the matter of Appeal No. 2959, Arthur M. Schwartz,
M.D.
/
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki.
PUBLIC HEARING: Appeal No. 2960. Application of Gerasimos
Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance
to the Zoning Ordinance, Article III, Section 100-30C for per-
mission to use accessory building for habitable guest accessory
use. Location of Property: 8220 Main Road, East Marion, NY;
bounded north by Main Road; east by Amott & ano.; south by Smith
& ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1.
The Chairman opened the hearing at 7:52 p.m. and read the
legal notice of hearing in its entirety and appeal application.
CHAIRMAN GOEHRINGER: We have a copy of the existing survey,
I can't see the date, indicating the property which is 40,000
square feet and we have a copy of the tax map indicating this
particular property and the surrounding properties in the area.
Who would like to speak in behalf of the application? Sir?
DAVID KAPELL: My name is David Kapell on behalf of Mr.
Fioravantes this evening to describe the planned action. What
we intend to do is to take an existing building that has been
on the site I'd say for in excess of 50 years and convert its
use from a Storage building to that of guest facility to house
friends of Mr. Fioravantes. In no way is this structure intended
for rental use and no cooking facilities whatsoever will be
provided on the premises. It's strictly a guest accessory use.
Mr. Fioravantes bought this property somewhat over a year ago, has
Southold Town Board of Appeals -7- April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
MR. KAPELL continued:
invested a substantial sum of money in its renovation, and has
promoted the general character of his general neighborhood very
well; and I think that this would be consistent with existing
other uses in the neighborhood and would help Mr. Fioravantes
to upgrade this property. The barn was, by the way, in a deteri-
orated state and is being improved and will have substantial
taxes. I'll be glad to answer any questions if I may or respond
to any comments.
CHAIRMAN GOEHRINGER: Maybe later. Thank you very much, Mr.
Kapell. I failed to mention to everybody, anybody that would
like to speak on this application we would appreciate your name
first as Mr. Kapell did because of the nature of the recorder
here and our secretary who is taking everything down in shorthand.
Who else would like to speak in behalf of the application?
Anyone? (None) All right, is there anyone who would like to
speak against the application? We'll start with this lady first.
MARIE SMITH: I'm Marie Smith. I live on the property right
in back of Mr. Fioravantes. Mr. Fioravantes has been building,
rebuilding his barn, completely gutted it since last Labor Day,
has worked at it at least every week. He did not seek a permit
we believe until March, and I don't think we're naive enough to
believe that he's building two apartments and import friends
and relatives, with bathrooms, bedroom and living rooms. He
owns a large house with four bedrooms and two baths. I would
think that's sufficient for family, friends and relatives. It's
going to be a business use. We've seen this happen over and over
in this are~.
CHAIRMAN GOEHRINGER: Thank you.
MRS. SMITH: May I ask a question of Mr. Kapell? Are you
renting property across the road...you own those houses?
MR. KAPELL: Do I own those houses...no, I do not.
agent.
I'm an
CHAIRMAN GOEHRINGER: Ok?
MRS. SMITH: Yes.
CHAIRMAN GOEHRINGER:
your name?
Anybody else? Yes, sir. May I have
MIKE COTRONE: My name is Mike Cotrone. I live on the
adjoining property, just the small cottage right behind this
barn or structure that he is turning into a, I would say a
residence. I think he's, to make this place a rental. I feel
~ that we have not come out here...we're only out here a year...
and maybe I don't have the right to deny but the reason for us
Southold Town Board of Appeals
-8- April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
MR. COTRONE continued:
to come out here was for vacation reasons, and with those reasons
of mine, this building that's so close to our own little place
there just doesn't appeal to us at all. I'd like to reject it
all the way, if you understand what I am saying.
CHAIRMAN GOEHRINGER: Thank you for your opinion. Does
anybody else like to speak?
SUSAN LONG: Yes. My name is Susan Long. I live in East
Marion to the southeast of the property that's in question. And
I have a couple of concerns, one being that I feel that if such
a variance is granted it would open up many other subdivisions or
properties that are required the 40,000 square feet, having
another habitable area on their property. I feel that it would
set a precedent and I feel that at a later date, if I should
chose to build a garage in my backyard or a barn, that I might
some day be able to come back to this board and ask that my
parents or whomever may go back there. And I feel also that
Southold Town, I don't believe they have much restriction or
jurisdiction in going into a home of this type to see if a stove
or anything is put in there. And another one of my big concerns,
I do have three children that do ride bikes in the area...I'm
not aware if this board does field inspections, but the area in
question, if you look across the street, there is a one very large
home that takes in guests during the entire summer season, and
there are many, many cars there. And to the east of that there
is a store. To the east of that there is a home owned by Mrs.
Amott who has obtained approval by the Southold Town Planning
Board to have overnight guests. She's in the B-1 District. To
the east of that is a post office. And to the east of that is
the Fire Department. And I am very concerned about the traffic
and the ingress and egress in this area. Thank you.
CHAIRMAN GOEHRINGER: Anybody else like to speak against
the application? Mr. Pohlig?
EDWARD POHLIG: Edward Pohlig, East Marion. Oh I feel
inasmuch as this whole project was started sub rosa, any plea
of hardship was self-imposed in the part of the applicant.
And I do not feel that should be considered in the board's
deliberations. But simply to say it's in harmony with other
uses of a similar type in the area...that's true, but it's not
in common, because most of these other uses predate the zoning
ordinance. And that's a poor excuse for perpetuating such use
in the future. And I recommend the board deny this application.
CHAIRMAN GOEHRINGER: Thank you. Anybody else? Mr. Kapell?
MR. KAPELL: Can I respond to that.
CHAIRMAN GOEHRINGER: You can respond to that --let me just
Southold Town Board of Appeals
April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:
CHAIRMAN continued:
see if there is anyone else.
MR. KAPELL: I'd like to respond when the time is right.
CHAIRMAN GOEHRINGER: Does anybody else wish-- Yes?
ERNY BAXTER: My name is Erny Baxter. Part of my property
abuts up on his property. First of all, I would like to respond
to something that Mr. Kapell said. They're not asking at the
right time for the permit to do all this work. They're asking
after they were caught when the work was almost in fact done.
They boarded up the front of it and they went around to the back
and went in and did all the work. It seems very odd to me if---
well, that's one thing.
Secondly, the area is really saturated now and has become
almost a boarding house. Where I live, which is right across
the street from the post office, there's on Bay Avenue a boarding
house there. There's a couple of boarding houses there. There's
a couple across the street from me, and now they have these other
units in there. It doesn't have to change in the nature of the
community. The community no longer becomes a yearround community...
it becomes like a hotel for the whole north end of the port.
Secondly, his property is just a couple of doors down from
both the post office and the fire department. As it is in July
you can hardly move for the traffic in there. The addition of
cars in that area, say at a time when the fire department had to
get out there, they would have to get out of there quick. You
can see the kind of an accident or kind of hang-up that would
stop those firemen from getting to a fire at some point.
I had a couple of other ideas, too.
MRS. SMITH: Yes, I had another one. You allow all these
boarding houses...that's what they are, frankly. They have too
many people for the amount of ground, so they spread out. All
the surrounding one-family homes suffer from trespassing, what
protection do you offer? We suffer from noise constantly. No
one ever goes to bed. One o'clock in the morning is the start
of festivities. We should be able to open our windows to breathe.
We have litter. You can't call the police. They have enough
trouble as it is. Who do you call? You increase the problems
that you have no solutions for.
MR. BAXTER: Excuse me. You can't but wonder what this is
going to do to the property values, especially the people coming
out looking at the area during the summer and seeing people at a
time out in front of your house with radios blaring and walking
~around, in one of these rooming houses after another with cars
parked on the grass. Cars here. Cars there. Cars everyplace.
Southold Town Board of Appeals
-10- April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
MR. BAXTER continued:
It has to have a real impact. It's hard now during the summer.
Even though my wife and I have only been out here for a year and
a half. It's during the summer the cars go through there like
it's a speedway or something. The addition of cars in there
jus~ seems to be really weird.
CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell?
MR. KAPELL: Number one is, and very specifically Mr. Fiora-
vantes intends in no way and is willing to accept the variance
condition on his compliance with not renting these units to any-
body. This is a statement that we make because this is the
intended use. It's not intended as a rental unit either by the
day, or by the week, or by the month or by the year. It's not
a rental property. So I think that for this board to be pre-
occupied with adjacent rental uses when in fact the applicant
does not propose such a use would be a mistake and it would be
unfair to Mr. Fiora~antes in all respect. ~
MR. BAXTER: Mr. Kapell, Out of respect to you, what if he
happens to change his mind in six months from now?
MR. KAPELL: In answer to Mrs. Long's point. The Zoning
Building Inspector of the Town of Southold very definitely has
the authority to make an inspection to insure compliance with
this, with whatever the terms of this variance are, if granted.
And along with any other violation of the zoning ordinance, which
this would be if the variance were granted for the use that we
requested and the fact that the property were put to use in some
other way.
MR. BAXTER: Mr. Kapell, does that answer mean you telling
me that the inspector will in fact police this from the time the
variance is...
MR. KAPELL: No. I did not say that. I said the inspection...
Mrs. Long made the point that she wasn't sure whether the town
had the authority to follow up. The town does have the authority.
The Building Inspector has the authority to enforce the zoning
ordinance of the Town of Southold, and this would be a function
of the zoning ordinance.
CHAIRMAN GOEHRINGER: Can I just reflect upon that one second.
Number one, I don't want to get into a back and forth motion
because sometimes it causes a little problem. I just wanted
everybody to be aware of it. But to answer your question, we
had a public informational meeting last night on one-family hous-
ing conversions, and I did mention to the public that there was
at one time a specific application granted, not similar to this,
because each individual case is unique, and on that application
what seem to upset the people tremendously was a one-year
Southold Town Board of Appeals
-11- April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
CHAIRMAN continued:
inspection, ok. An annual inspection by the Building Department
with no notice between the hours of 8:30 to 4:00. In that res-
pect if a decision would be granted...and I'm not saying that one
would be...but if that would be the normal realm that people
would be thinking of...when .I say thinking of, that would be
the way that we would be thinking, on this board if a decision
was to come in this particular area. And I'm not making any
decision any way, and I'm not on one person, one of five persons
on this board. So on that respect, do you understand that, Mrs.
Long?
MRS. LONG: Yes. I think that's excellent. I would love
to see it state also that they would be able to inspect if they
should chose to do so three years from that date, not just one
year.
CHAIRMAN GOEHRINGER: That's every year. Annual inspection.
MRS. LONG: Oh annual. Oh, I think that's excellent.
CHAIRMAN GOEHRINGER: Are you finished, Mr. Kapell?
MR. KAPELL: I would just like to say, the building inspector
has the authority under the zoning ordinance to inspect any
premise at any time. I wouldn't want to say it without looking
at the ordinance what the owner's rights are as to notice, because
that there probably are some rights as to notice. However, the
building inspector, definitely has the authority to make inspections
around compliance with any aspect of the zoning~ordinance, and to
put this property for use as a rental property ~n defiance of the
variance, or even if the variance is not granted would be a
violation of the zoning ordinance and the building inspector could
site it. He has the right to make these inspections at any time,
not only on anniversaries of this variance if granted, so I would
like to say that I think it would be unfortunate for Mr. Fioravantes
to find himself in the position of being affected adversely by
other people's actions on other properties at other times, and we
do apologize for the work that was undertaken without a building
permit, but that's another issue. The issue of the use to which
this property is being put, being stated very distinctly and we're
willing to be bound by it.
MRS. SMITH: This is rather personal, but Mr. Fioravantes'
small children already find our property very fascinating. Must
I police my backyard constantly? If his children like my backyard,
where do you think his guests...so-called guests and family are
going to go for a recreation. They have a strange piece of property...
it goes this way and this way. They really don't have that much
room to be entertained in. Who protects us? I think I have the
right to privacy. Mr. Baxter will suffer a great deal. So will
Mr. Cotrone. He's not there all the time. They spend a great deal
Southold Town Board of Appeals
-12-
April 14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
MRS. SMITH continued:
of time on his property...we have them across our back, down this
side and then onto a private road. We've had this experience
for the ten years we've lived out here.
MR. KAPELL: Well, Mr. Fioravantes hasn't been there for ten
years.
MRS. SMITH: No, but all these guest houses, they just spread
out.
MR. KAPELL: We're not proposing a guest house.
say that we're not proposing or asking for permission
a guest house.
I'd like to
to develop
MRS. SMITH: It's a matter of semantics.
MR. KAPELL: It's a matter of legality.
MRS. SMITH: Experience has taught us that.
MR. KAPELL: We're not proposing a guest house.
CHAIRMAN GOEHRINGER: I understand exactly where everybody...
and what the feelings are...I just have to keep the people in
this room aware of the fact that when we get into counterproduction
it's really not to anybody's well being. Mr. Baxter?
MR. BAXTER: I just wanted to say Mr. Kapell has gone over
very quickly the fact of the time of asking for the permit, was
another issue, was not exactly right. It is in fact central to
the issue because in fact, if the board decides to grant this,
we as neighbors are being asked in a certain real way to trust him.
We're being asked because we feel or not we, I can't speak for
others...because I feel that the building inspector being a quizzy
fellow will only be able to look in there a couple of times, so I
have to take Mr. Fioravantes'...through Mr. Kapell...I have to take
Mr. Fioravantes' word for it, but already I have a very difficult
time doing that because having watched the work go on over a period
of time and knowing full well that the law of the community...which
I assume the community put that law into effect because they judged
it to be for the community welfare...and all of this time that law
being broken, broken and broken, I find it very difficult as a
matter of fact to trust him or to see that as a separate issue.
It's part of the issue, a fundamental part as a matter of fact.
Poor me, I'm not willing to just pass that by.
MR. POHLIG: I agree. He has set a precedent already.
CHAIRMAN GOEHRINGER: Mr. Cotrone, you had something further?
Southold Town Boar f Appeals
-13-
14, 1982
(Appeal NO. 2960 - Gerasimos Fioravantes, continued:)
MR. COTRONE: Assuming that this thing is all resolved one
way or the other, is there anyway that this would be able to
be brought back, or would that be a final judgment as far as
what the determination is tonight?
CHAIRMAN GOEHRINGER: No, the applicant has 30 days to
sppeal.
MR. COTRONE: What if it goes in his favor?
MEMBER GRIGONIS: Then you've got 30 days.
CHAIRMAN GOEHRINGER: To bring an Article 78.
MR. COTRONE: Thank you, sir.
CHAIRMAN GOEHRINGER: Any other questions from anyone?
GEORGE SMITH: George Smith, East Marion. I'm the husband
of Marie Smith, who spoke before. Leaving aside the possibility
of rental uses, we're talking about very sizeable numbers of
people on this one-acre lot. We have to begin with a main house
with four bedrooms, two baths, which can accommodate a lot of
friends and relatives. Do we need additional space in a very
large storage barn for conversion that's going to accommodate
a great many bed and just many more people than I think a one-acre
zoning contemplates.
CHAIRMAN GOEHRINGER: Thank you, sir. Mr. Pohlig?
MR. POHLIG: Basically what it comes down to, as I understand
the configuration of this proposed conversion. It's two stories,
one above the other, both with a separate outside entrance. Both
with its own living room, own bedroom and own bathroom. For all
the world it looks like two separate units, and it comes down to
three separate dwelling units on a one-acre parcel.
CHAIRPL~N GOEHRINGER: Thank you.
MRS. LONG: May I add one thing, Mr. Chairman.
CHAIRMAN GOEHRINGER: Certainly.
MRS. LONG: On behalf of my husband I would like to make a
statement. He is a volunteer fireman in East Marion and he is
very concerned about the growth on this particular road...on the
area where the fire department is, and I would just like that to
go on record. As a fireman he is very interested in the congestion
and everything that's being built up in the area. Thank you.
CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell.
Southold Town Boar f Appeals -14-
14, 1982
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
MR. KAPELL: I would just like to sum up a few things. One,
Mr. Fioravantes has a large family. He has three children, two
are adults, and a four-bedroom house is not oversized. Number two,
I want to re-state and emphasize the fact that the property will
not be put to a rental use and are willing to abide by any form of
verification that the town wants to subject with regards to that
compliance. And number three, we believe that this application
will not substantially alter the character of this neighborhood,
nor the traffic conestion. We're talking about a family use, not
income use.
CHAIRMAN GOEHRINGER: Thank you. Any other comments from
anyone that hasn't been said? (None) Any questions from any
board members. (None) What stage of completion is this in now,
Mr. Kapell?
MR. FIORAVANTES: The walls.
CHAIRMAN GOEHRINGER: The sheetrock is up?
MR. FIORAVANTES: Yeah. (Statement not understandable.)
because the building was on the side fall down a little bit and
looked bad. Then I cleaned the side, all the stuff on the outside.
Then I put a new roof, new windows, new doors.
MRS. SMITH: I can give you a six-months' building progress
report. New roof, paint job, completely gutted, enormous barn fires,
smelly barn fires burning everything up, all new windows, all new
doors, installed behind boarded up things. Possibly a new floor.
All it lacks is a staircase.
CHAIRMAN GOEHRINGER: Mr. Cotrone?
MR. COTRONE: Yes. Another thing. In view of what, I know
him as Jerry, of what he has just said. I don't see where the
building is structurally sound to keep anybody in there. Especi-
ally any one's family. I can't understand that.
MR. POHLIG: Jerry, I question the two more units being added.
What provisions are contemplated for sewage disposal and water
supply?
CHAIRMAN GOEHRINGER: Mr. Kapell?
MR. KAPELL: Mr. Fioravantes will have to comply with the
building department's regulations in how the building in constructed,
protected and supplied with, you know...we have filed for a building
permit, it was turned down. We expect to receive the building permit
if this variance is granted and proceed subject to inspection by the
building department. So those conditions remain...subject to variance
or not.
CHAIRMAN GOEHRINGER: Thank you very much. Any comments from
Southold Town Board of Appeals -15- April 14,
(Appeal No. 2960 - Gerasimos Fioravantes, continued:)
1982
CHAIRMAN continued:
board members again? (None) Hearing no further comments, I'll
make the motion closing the hearing and reserving decision until
a later date.
MEMBER DOUGLASS: Second.
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. 2960, application of
Gerasimos Fioravantes.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki.
PUBLIC HEARING: Appeal No. 2963. Application of Richard
Zeidler, 55 Whippoorwill Lane, Patchogue, NY for a Variance to the
Zoning Ordinance, Article III, Sections 100-31 and 100-36 for per-
mission to construct addition to dwelling reducing sideyard area.
Location of Property: McDonald Road, Laurel, NY; bounded northeast
by Chisholm; southeast by Great Peconic Bay; southwest by Brushes
Creek; northwest by McDonald Road. County Tax Map No. 1000-145-
4-15. Edgemere Park Lots 12, 13 and 14.
The Chairman opened the hearing at 8:18 p.m. and read the
legal notice of hearing in its entirety and appeal application.
CHAIRMAN GOEHRINGER: We have a copy of a survey which was
done by Young & Yount April 17, 1979 indicating the position of
the present one-story frame house and garage which sits approxi-
mately in the middle of Lot No. 13, and showing the proposed
addition which appears to be approximately 33.9' in width and
approximately 58.9' in length and sits almost in the center of
Lot 12. We also have a copy of the County Tax Map showing this
property and the surrounding properties in the area.
RICHARD ZEIDLER: I have sold my house in Patchogue, and we
have to be out by August,and the garage and the house along side
of it, one part of it is right on the building line, the other
part is a foot away, and I'm asking for a 6' easement. And the
way the property is situated with 6' on one end and 9' on the other.
And I have a picture of their garage...it shows a fence and it
also shows the front of their house and the property line. And
actually the front of my house. We're asking for...we actually
want to take and put a solar type of a thing in the front. We
need the room. I have three boats and I'd like to be able to
put the boats in when we get finished.
EDWARD F. POHLIG
Box 733 Marion ;Place, East Marion, New York 11939
AP~c 5
ard of
To,va ot Soo~old
Mr. E~est Baxter
8400 Main Road
East Marion, New York 11939
Zoning Board of Appeals
Town Of Southold
Southold, New York
March 25, 1982
Gentlemen:
I recently received through the mail a notice from the Town
Clerk's office that one of my neighbors, a Mr. Gerasimos Fiorvantes,
of 8220 Main Road, East Marion, had applied for a permit to use an
existing structure on his property to construct rental-type units.
I wish to register my strong opposition to the granting of this
permit request by you and to make the following points relative to
that opposition:
1. Laws, civil or criminal, are enacted for the welfare and
common good of the community that enacts them. tn breaking the
zoning law, Mr. Fiorvantes has clearly proceeded in a manner which
the community has already deemed inappropriate to the common good.
2. In no way should Mr. Fiorvantes be granted a permit on
the basis of a fait accompli. His obligations as a citizen of the
community included finding out whether or not zoning laws existed
and only after he had complied with those laws should he have
proceeded.
3. If Mr. Fiorvantes is allowed to set a precedent by
constructing rental-type units on his property without prior
community approval, that precedent could spark an epidemic of
rental-type unit conversions in an area that was never intended to
play such a commercial role.
4. The community will be forced to pay additional taxes to
help absorb the burden placed upon services by the addition of more
rental-type units in the area. Commercial property should be taxed
as such.
5. Mr. Fiorvantes' contention that the units are necessary
for family and friends strains credibility when considered in light
of the fact that the main house on his property is a large, four-
bedroom, two bath structure capable of accommodating a reasonable
number of guests on any given weekend. There are adequate hotels
and motels in the area that could handle any unusual overflow.
6. Mr. Fiorvantes did not tell the truth when he filled
out the so-called "Short Environment Assessment Form", to whit:
Item Four: No study has been concluded to access the
impact of rental-type units on either the watertable or the
sewage system.
Item Eleven: The addition of rental-type units on
Mr. Fiorvantes property could, in fact, cause major traffic
problems in that his property is just across the street from both
the East Marion Post Office and the East Marion Fire Department.
In the summer months, there is hardly adequate parking for the
Post Office as it is. A line of cars parked in front of
Mr. Fiorvantes property would cause additional congestion and
danger to the area. Further, since his property is so close to
the Fire Department, additional cars lined up on Main Road could
conceivably cause the kind of jam-up that would seriously impede
fire fighters from getting to a fire in time. Lives and property
could be lost as a result of such delays.
Item Twelve: No study has yet been done to access the
impact of additional rental-type units being added to a power
system that already is overloaded during summer months; so over-
loaded, in fact,that so-called "brown outs" are a weekly occurrence.
Item Fourteen: The addition of rental-type units does, in
fact, have an adverse impact on the character of the community in
that the area has clearly reached the saturation point relative to
the ratio of homes to summer rental units. More of these rental
units begins to turn the entire area into a kind of boarding house
for the North Fork, a role that East Marion has not historically
played.
Item Fifteen: There is, in fact, great public controversy
over this project, so great that the building inspector was notified
at once by concerned neighbors when Mr. Fiorvantes' in%entlons
became clear. The building department took immediate action to halt
the project. In addition, Mr. Fiorvantes was told to his face by at
least one immediate neighbor that there was opposition to the
installation of rental-type units on his property.
Despite the fact that Mr. Fiorvantes has incurred a substantial
personal expense to convert his barn into rental-type units, he
should nevertheless be instructed to remove those improvements so
that at no time could the building be used for the purpose of
housing people. Anything less than that simply means that
Mr. Fiorvantes has "gotten away with it", a precedent has
been set, and others waiting in the wings with the same purpose
in mind will read the Board's lack of purposeful action as a
signal to proceed.
Sincerely yours,
Ernest F. Baxter
Southold Town Zoning Board of Appeals
Town Hall
Southold, N.Y. 11971
Re, Appeal 2960 - Gerasimos Fiorvantes
8220 Main Road, East Marion, N.Y. 11939
Gentlemen,
We wish to register our opposition to the above appeal for
the following reasons,
(1)
Granting this application would establish
a precedent contrary to the intent of the
zoning law.
(2)
It would result in excessive use of water
supply, beyond that intended by one-acre
zoning.
(3)
Similarly, excessive use of sewage disposal
capacity of one-acre zoning would result in
risk of pollution of water supply.
Approval would add to the present problems of
noise, litter and congestion in East Marion
for which the Town of Southold offers no
solutions.
(5)
There would be a risk of conversion there-
after of this and like properties to commercial
use, such as boarding houses, motels, etc.
(6)
The kind of property usage represented by this
application, and those that would follow upon
its approval, would permanently alter the resi-
dential character which the zoning law is in-
tended to maintain.
(7)
The reason Mr. Florvantes can claim there is
no public controversy (short EAT #15) is that
his intentions were not made known until the
request for a building permit.
2 -
(8)
Granting this application would result in
too heavy use of one acre, resulting in lowered
prooerty values of surrounding private homes.
The large house on this plot would seem adequate
for normal accommodation of family and friends.
(9)
Approval would add to the present traffic orob-
lems at the East Marion Post Office, firehouse
and local store. This stretch of Main Road is
already congested with many cars havin~ no place
to park but the street and is a prime soot for
accidents.
The March 10th date of the application for a building
permit, when the construction has been going on for the
past six months, is putting the cart before the horse.
The request should have been made before work was begun.
We believe that the appeal should be denied.
ResRectfully yo?'s,/ ,..~ .
George W. & Barbara Marie Smith
Box 122 - Marion Lane
East Marion
New York 11939
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~xonwe(mesoay, Al~rill4, sectieaS160~l:a~lfOO-M~or ~'of C.R~ 48 and
19~. ~.~_ eectngatT:30p.m, permieskm ' to ~eonotruct WeStphalia Avenue,
amlaSMnows: adctltiea tO dv~ ~*9dtleillg . Mattttock; bo~ north by
_7:30 p.m. Application of sideYard area..,LScatton o~ C.R~ 48; west by Westphalia
r~waid Ksrbiner and Joseph Pro~y: M%~.olmld Road, Ave.~ seath by Sjdur & ors.;
Tamitz, 39 Edgewoed Dr~ve, Laurel, NY i bounded east by Urist, Ashton, Cooper,
Now HYde Park, NY (by northeast by Chisholm; Love t,ane, and ors. County
Irving L. Prtee, ,Ir., Esq.) for southeast by Great Pee°nie ~Ta~. Map Parcel No. 1000-141-
~ Yarianea for Approval of Bay; southwest by Brushes
ecem, Now York Town L~w Creek; northwest by 8:15 p.m. Application of
Art.. i6, Sec. ~80A. Location of McDonald Road; Edgemere Mattiteck Chamber of Cam-
Property: 155 Sunset Path, Park Lots 1~, 13, 14; C~rM No. meree, P.O; Box 10~8,
Mattitunk, NY for a Special
by ~quneet Knoll Aeseeintion; 8:10 p.m. Application of Exception to the Zoning
esst by Soneet Path; south by~ Warren A. 8smbaeh, 173 Ordlna~,ArflelellI, Section
Offonheisur; west by t,.L Hillside Avonun, Wiiliaton
Sound; County Tax Map No. Park, NY 11596 (for Aaron
1000-54-~D.
7:40 p.m. Application of
Arthur M. Schwartz, M.D.,
~40-11 Maryland Road,
Dougleeton, NY 11363 for a
Varianee for APproval o~ Ac-
· tees, Art: 16, See. ~oA, over a
new rtght-of-way located off
the nect~esterly sid~ of West-
~l~ylia Avenue, Mattituek,
; bounded north by
Howard's Braneh;: west by
Bother; south by Pemy and
a_rio.; east by Monz; County
Tax Map Parcel No. l~00-113-
~plieation of~
Gerasimos Fioravsntes,
Fourth Avenue, Brooklyn, NY
11%18 ~Or a Variance to the
~~, Arttcie HI,
8blkler and wife) for a
Variance for approval of
access, Now York Town Law
Property: Private Right-of-
way off Main Road, East
Marion, NY; bounded north
and south by Swick: west by
SWick, and Woglom; east by
Swick and Ja'yne; CTM No.
1000-23-1-7.
8:15 p.m. Application of
Mattit#ck Chamber. of
Commerce, P.O. Box 1056,
Mattituck, ~ for a Snocial
Exception to the ~oning
Ordh~nes, Article III, Section
100-30C(6) [fi for perrujseion to
erect an off-premises
advertising sign 4n an A-
Zone, upon.p~_operty of L.
100-30C(6) If] for permtesion to
erect an off*premises adver-
tising si~n in on A-Residestinl
and Agricultural Zone, upon
property of Greenbrier
Homos, Inc., located at the
north side of Main Road,
Mattituck, NY; bounded north
by Adel; west by Garrell;
south by Main Road; east by
Adel and MeGulre; County
Tax Map No. 1000-108-3-5.5.
8:Z0 p.m. Application of
Mattituck Chamber of Cam*
merce, P.O. Box 1056,
Mattituek, NY for a Special
Exception to the Zoning
Ordinonee, Artieto III, Section
100-30C(~)[fl for permission to
erect an off-prsmi~es adver-
tising sign in an A*Residnotial
ond Asriceltural Zone, uPOn
propm'ty o/R. Reeve, loeat~l
at the southeast corner of
ifled as County Tax Map
Parcel No. 100o-1,~3~.
8:30 P.m. Application of
,wmiam J. and Ruth Boynmrt,
Dy William B. Smith, 2~0
echeulc Street SoUtheld~
NY for a Variance tc~ the
Floodplain _Mana~mnont Law,
~r r~eion to eomWuet lowest
low the minimum.
required base flood elevation
above mean sea level.
Lo~ation of Property: 1370
Latham Lane, Orient, NY;
Subdivision of "l~nd's End,'~
filed Map No. 5909, Lot 4;
County Tax Map No. 1000-15-9-
1,4~
Dated: April 3,19~.
BY ORDER OF
BOARD OF APPF~.I.q
GERARD P. GOEHR1NGER'
By t,inda Kowalskl,
S2cretary
ITA8-3928
.... ...............
~....l
VO£ /
of New York
~o, ~
Southold Town ard of Appeals
March 19, 1982
ENVIRONMENTAL DECLARATION: Appeal No. 2960. Application
of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY
for permission to use accessory building for habitable guest.
accessory use. 8220 Main Road, East Marion, NY; 1000-31-8-1.1.
On motion by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Gerasimos Fioravantes:
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.
The project in question is not located within 300 feet
of tidal wetlands area.
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: 8220 Main Road, East Marion, NY;
1000-31-8-1.1.
Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer,
Grigonis and Sawicki. Member Doyen was absent.
TELEPHONE
(516) 765-180I
jUDITH T. TERRY
TOWN CLERK
Southold, L. I., N. Y. 11971
March 12, 1982
To: Southold Town Zoning Board of Appeals
From' Judith T. Terry, Town Clerk lication of
· ~ 2960 apP .... +ificatxon
·, ewith is Zoning Appeal ~v. '
· , · onmental Assessment Form;
ansmxtte~ her or a variance. Also included ~s ~o~
~eraSlmUo
to adjacent property ·
y S Tioax ,, ...... of property
Letter relative to N ,
Disapproval from the Building Department· survey
ToWn clerk
JTT/bn
JJJJ J J TOWN OF $OUTHOLD, NEW
' 'Ri 8 ZEROM DECISION OP BUILDING INSPECTOR
APPEAl NO. o'~q~)
DATE ..~...r..~..h...1L,...~9.8 2
THE ZONIMG BO ~ OLD N .Y " ....
·' TO' ARD OF APPEALS, TOWN OF SOU~rH . . .
1, (;N~0 ............. ::..of'; ...... ,. : .... ;:.-,..: u..'.. .......
Name of Appellor~t St~reet and Number
........... ~.~;I).~.~13,~..~.],],:~,~ ................................. l;le~--~,oz'Ir ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
.APPLICATION FOR PERMIT NO ..................................... DATED ............ ~....~...c..~.....~.~.,....~..~.8...2. ........
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of 265 Fourth Avenue , ~o.o.~..~...~, . ~fl~ .Yg.~ 11215
Street and Number Municipality State
(~) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
~o(X<). P,ezmission to use ac,~essory storage building as suest house (no coc~i~
! L~ATION OF Tile PROPERTY ..8...2..2...0...~..q...~..b...a..d..,...~...a..~.t.~....~...r...~..~...n.`.N..~..~.~..~..;.R~..e..s...~..d.~.e.~tia~
· Street Use District on' Z0~ing Mop
oo, Lot OOl. oo.
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
A~ticle III Sect. 100-30~
3. TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
,:(*). ,A, VARIANCE/due todlack, ~ access: '(State. of. New York Town Law Chap. 62 Cons. Laws
. ;- Art. lf~ .Sec. 280~ Subsechon 3 ,
4. PREVIOUS; APPEL A. pr~ .appeal {~.(ha~ 900 been.~Eder~ith [esp~ct ~o, t~i~,.¢eci~ion
of the Building Inspector or with respect to this property.
Such ~ppeol was ( ) request for o special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~) A Variance to the Zoning Ordinance
(~) Guest accessory h~biLable use is not listed as a pez~Ltted use.
is requested for the redson that
Applicant wishes to conve:t existing accessory storage use building
to habitable guest accessory use.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
'"' 'saw'HARDSHIp because applicant has many friends and relati+e :wl me from
lon~ distances to visf~ h fro. ~plf~'s home fs on the praises
applfc~ ~fshes to ~ve a place for th~ as Euests to sleep ~d ~t be
c~elled ~o ~e ~e lone trip back Co the c~y.
2. The hardship created is.UNIQUE and is not shared by all properties alike in the immediate
~u,:; ,: .,vi~ir~i~y~ ~f this"
property and n th s use district because other':s~ora;Ee ase bUildinEs in
., the_, immediate area and in the Township are presently used fo~ the reques~
purpose.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the use ~rill he in haz~on¥ with and promote
~ ~enera~ pu~oses of ~he Zo~ng Ordi~ce ~d ~he use ~1~ no~ preven~
o~e orderly ~d reas.o~b~e use of ~jacen2 p~per=ies ~d ~e s~eZy,
~hea~h;' welfare, co~oTt' ~d conve~ce' ~d'order of .~he:~ will no~
be ~versely ~fec~ed by ~he proposed use ~d i~s lace=ion. The c~rac~e:
of the district i8 ai~lar to the applic~tes proposed use.
· '"5':FAT'E OF NEW YORK )' .. '.
) ss
COUNTY OF SUFFOL,K )
Sworn to day bf ......... :.,....l~....r..c..h.x ........ ............ .:.....:, 1~)82
//"Notary Public
FREDERICK J. TEDI~SCHI
NOTARY pUBLiC, State of New Yo~
No. 52- 39454~
QualiB~ in Sutfolk Coun~ ~
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
NOTICE IS HEREBY
G1VEN. 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,
N.Y. on Wednesday, April 14,
1982 commencing at 7:30 p.m.
and as follows:
7:30 p.m. Application of
Ewald Karbiner and Joseph
Tomitz, 39 Edgewood Drive,
New Hyde Park, N.Y. (by
Irving L. Price, Jr., Esq.) for a
Vatiance for Approval of
Access, New York Town Law.-
Art. 16, Sec. 280A. Location of
Property: 15S Sunset Path,
Southold, N.Y.; bounded north
by Sunset Knoll Association;
east by Sunset Path; south by
Offenheiser; west by L.L
Sound; County Tax Map No.
1000.S4-4.33.
7:40 p.m. Application of
Arthur M. Schwartz, M.D.
240-11 Maryland Road, Doug-
laston, N.Y. 11363 for a
Vatiance for Approval of
Access, Art. 16, See. 280A,
over a new right-of-way
located off the northeasterly
side of Westphalia Avenue,
Mattituck, N.Y.; hounded
north by Howard's Branch;
west by Berner; south by
Penny and ano.; east by Munz;
County Tax Map Parcel No.
1000-113-9-10.1t,
/7:45 p.m. Application
Gerasimos Fioravantes, 265
Fourth Avenue. Brooklyn,
N.Y. 11215 for a Variance to
the Zoning Ordinance. Article
III, Section 100-30C for per-~
mission to use accessory
building for habitable guest
accessory use. Location of
Property: 8220 Main Road,
East Marion, N.Y.; bounded
north by Main Road; east by
Amott & ano.; south by Smith
& ano.; west by Cotrone &
ano.; County Tas Map No.
1000-31-8.1,1,
"-"~S p.m. Application
Richard Zeidler, 55 Whippoor-
will Lane, Patchogue, N.Y. for
a Variance to the Zoning
Ordinance, Article Ill. Sec-
tions 100-31 and 100-36 ilar
permission to construct ad-
dition to dwelling reducing
sldeyard area. Location of
Property: McDonald Road,
Laurel, N.Y.; bounded north-
_ n~st by Chisholm; southeast
bv Great Peeonlc Bav: no. th-
Potrlcia 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 k,
........................................ weeks
successively, commencing on the <z~
Sworn to before me this ...... '~'~ day of
.............
Mattituck, N.Y.; further iden.
tiffed as County Tax Map
Parcel No. 1000-120.3-8. .
. 8:30 p.m. ApplicatiOn. of
William J. and Ruth Boylhart,
by William B. Smith, 220
~"l~echanic Street, Southold,
N.Y. for a Variance to the
Floodplain Management Law,
Chapter 46, Section 46-18A for
permission to construct lowest
tloor below the minimum-
required base flood elevation
above mean sea level. Location
of Property: 1370 Latham
Lane, Orient, N.Y.; Subdivi-
sion of "Land's End," fded
Map No. 5909, Lot 4; County
Tax Map No. 1000-15.9.1.4.
Dated: April 3, 1982
By Order of the Southold Town
Board of Appeals
Gerard P. Goehringer
Chairman
By Linda Kowalski
Secretary
/ 1T-4/8/82(101)
BOARD OF APPEALS, TOWN OF SOUTHOLD
I the Matt r of the P titign of L
t0 t~e3 Bo~d of Appea~. qf the~wn of ~guthol~ ~D~C~
Sherry Amott
E. Baxter
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) ~) (:~aeig:xll~dl~(the following relief:
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
ribed as follows: 8220 Main Road~ East l~arion, New York 11939.
3. That the property which is the subiect of such Petition is located in the following zoning district:
A-R~sid~nt~ al
4. That by such Petition, the undersigned will request the following relief:
Permission to construct &uest accessory use of accessory storage
buildin~ uow on pr~ses.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under
signed are .~c±¢le T~. Set.on 1OO-3OC
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)/then and there
examine the same during regular office hours. (516) ?~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the. Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of,:Southt~ld ~nc~designated for the publication of such notices; that Y~u or your representative f~ave'the
right to appear and be heard at such hearing. · '- '
Dated: Ma:ch 11~ 1982
Post Office Address
265 Fourth Avenue
Brooklyn, New York 11215
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS & ~I~T~ ~AIL R~EIPT
NAME
County of Suffolk
Jean Tuthill Treasurer
Michael Cotrone & Wfe.
G.' Smith & Wfe.
E. Baxter
Z
ADDRESS
$,~ff~lk County Center, Riverhead, New York 11901
3 Elaine Court, Hillside, New JerSey~
Box 122, Marion Lane, East Marion, N.Y. 11939
gl.at. 7, ~4iAool :'B. ea4L N,.W,~ ~,on4on, E~m&land.
167.5 York Avenue, New York~ :.tq;' y. '10028
~FOR CERTIFIED MAIL
~~ostage a /~U [Delivery
RECEIPT FOR CERTIFIED MAIL
SENT TO
Coun~l of Suffolk
STREET aND hO, Jean T~thill, Treas.
~Lf folk Coun ~3~ Center~
P.O., STATE AND ZtP COCE
_Riyerhe&d~ Ne~ York 11901
OPTIONAL SERVICES F~
RECEIPT With restricted deliver~
2, Shows to wh0m~ Date and where delivered
SERV! ~W~ restricted delivery
RESTRICTED DELIVERY
POSTMARK
POSTMARK OF
RECEIVED BY I ~
RECEIPT FOR CERTIFIED MAIL '-Ia I , ~2~'~
L J Elaine CDurt ,f'~:~'::-:: . l=l ' -
RETUR~--~Sh~Ws to whem and date dehver~ ~' ZlPC DE
~ Form ~~u~ . IVERY [
eOT FOR INTERNATIONAL M~["~ (See ofher side) [a3800 NO INSURANCE COVERAGE PROVIDED-- (See other
STATE Ok mcw ~ ~,.,. ~ f~.o: ig?S o 59]~4~ ia NOT FOR INTERNATIONAL MAIL
COUNTY OF SUFFOLK ) ss.:
GERASIMO$ FIORAVANTES , residing at 26.5 Fourth Ave. ,Brooklyn, ~
New York 11215, , being duly sworn, deposes and says that on the / .~ - day
of March ,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 se(~OppOsil;e., lheir:~espe~ctive
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 .Greeai~ort, ~ew; ya~ 11944 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
FREDERICK j. TEDESCHI
NOTARY PUBLIC, State oF New Yor~
No. 52'3945400
Qualified in Suffolk Counly ~
Col'~mJl~ioll ~J(pil~ March 30, IP'
;,? ]I,]STRUCT IONS:
SttO?,'F EHVIROHM[~NTAL ASSESSM~zIqi ru~4
----~--(~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 be
signi£icont and o completed Environmental Assessment Form is necessary.
(c) If all questions hove been answered lqo it is likely that this
project is not significant. . '.
(d) Ehvironmentol Assessment
i. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ........................ Yes_~
2. Will there be a major change to on~ unique or
-unusual land form found on the site? ......... Yes~No
3. ¥7ill project alter or hove o large' effect on
existing body of water? .......
4. win project have ¢, potentlgli 'ig ge ii'gel' '
On groundwater quality? ...................... Yes, ~No_
5. Will project significantly effect drainage. /
flow on adjacent sites? ......................., Yes.
6. ¥;ill project affect any threatened or
endangered plant or animal species?... Yes ~No
7. win project result in o major adverse' fe '--
on air quality? ..............................., Yes. ~No,
8. Will project have a major effect on visual
character of the community or scenic views or
vistas known to:be imporlont to the community? Yes
9. Will project adversely impact any site or ' "?
structure of historic, prehistoric or
paleontological importance or any site
designated os a critical environmental area
........ Yes.'~ No
10. %'1ill project hove o major effect on existing
or future recreational opportunities? ......... Yes, ~(No
11. Will project result in.major traffic problems
o~ cause o major effect to existing
transportation systems? ....................... Yes. ~ No
12. Will project .regularly cause objectionable
odors, noise, glare, vibrotlon, or electrical
disturbance as o result of the project's
operation? ......... ' ............................. Yes~X' ,Ne
13. %'/ill project h~ve any impact on public health '
or.safety? .................................... __Yes
14. Will p~oject affect the existing community by
directly causing o gro%'rlh in permanent
population of more than 5 perceot over a one
year period o__r have o major negative effect
on the character o~ the community or
Yes ~ No
neighborhood? .................................
15. Is there public controversy concerning the
project? ......................................, Yes ~ No
SIGIqAIURE ~ ~
PREPARER'S
REPRESENTING
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
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 iQ the within appeal application:
(please
[]
[ ]
check one box)
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
May ~e 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.
not
£ ]
appear to
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.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature please~
'..;