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TO~VN OF SOUTHOLD, NEW YOKK
ACTION OF THE ZON~qG BOARD OF APPEALS
Appeal No. 2967 by application Dated March 30, 1982
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mattituck Chamber of Commerce
P.O. Box 1056
Mattituck, NY 11952
DATE .4./..2~.Y..8.2
Appellant
at a meeting of the Zoning Board of Appeals on April 14, 1982
was considered and the action indicated below was take~ on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Art. VII, Section 100-70C
( )
the appeal
1. l~l~;~~~7~xe~:~[~0f4~~~h~X~V~ ( ) be
grated ( ) be d~ied pursua~ to Article .................... Section .................... Subseet~n .................... paragraph
.................... ~ the Zoning ~dinance ~d the decision of the Building Inspector ( ) be reversed ( ) be
¢~~ Public Hearing Held 4/ 4/82: Upon application of Matti-
tuck 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 Avenue;
south by sidor and ors.; east by Urist, Ashton, Cooper, Love Lane, and
others. County Tax Map Parcel No. 1000-141-3-22.
(SEE ATTACHED SHEETS)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE ATTACHED SHEETS)
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties
alike in the immediate vicinity of this property and in the same use district because
(SEE ATTACHED SHEETS)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE ATTACHED SHEETS)
and therefore, it was further determined that the requested variance (
that the previous decisions of the Building Inspector ( / be c~onfirmed
RECEIVED AND FILED BY
TPLE $OUTHOLD TOWN CI.ERK
FORM
Town Clork, Town of Sou'lhold
) be granted ( ) be denied and
( ) be reversed, lk
BOARD OF APPEALS
Page 2
Decision Rendered April 14, 1982
Appeal No. 2967 - Mattituck Chamber of Commerce
The board made the following findings and determination:
By this appeal, applicant seeks permission to erect a
hand-painted redwood sign approximately 2' by 3' to be hung
from 4" post and crossbar with a general wording "Welcome
to Mattituck," to be located at the southeast corner of
County Road 48 and Westphalia Avenue, Mattituck, NY; bounded
north by C.R. 48; west by Westphalia Avenue; south by sidor
and ors.; east by Urist, Ashton, Cooper, Love Lane, and others.
Applicant has submitted written permission from the current
property owner, Raymond Nine.
In considering this appeal, the board finds and deter-
mines that the use herein: (a) will not prevent the orderly
and reasonable use of adjacent properties or of properties in
adjacent use districts; (b) will not prevent the orderly
and reasonable use of permitted or legally established uses
in the district wherein the proposed use is to be located, or
of permitted or legally established uses in adjacent use
districts; (c) will not adversely affect the safety, health,
welfare, comfort, convenience or order of the town; (d)
will be in harmony with and promote the general purposes and
intent of the zoning ordinance of the Town of Southold. The
board also finds and determines that if the relief is granted
no adverse effects will be produced on surrounding properties
or of governmental facilities of any increased population;
that the relief is not substantial in relation to the code
requirements; and that the interests of justice will be served
by granting the relief as requested and subject to the condi-
tions specified below.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it
was
RESOLVED, that the applicant in Appeal No. 2967, Matti-
tuck Chamber of Commerce, be ~ranted permission to erect the
sign with the general wording "Welcome to Mattituck" as
requested and SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the sign shall continue only as long as the
property owner's consent is in effect;
2. The purpose of the sign must be directional in the
public interest and said sign shall bear only the words as
generally indicated in the application (Welcome to Mattituck);
3. Said sign shall not exceed the size of four feet by
six feet (4' by 6');
4. Said sign shall not be less than five feet (5') from
any property line; the bottom edge of said sign shall not be
less than four feet [4'] above ground;
5. Said sign shall not be illuminated;
from the
1323, et
This permission is subject to receiving recommendations
Suffolk County Planning Commission pursuant to Sections
seq. of the Suffolk County Charter;
7. This permission is terminable at once at the direction
of the Board of Appeals;
8. In the event the property in question is conveyed,
written notification to this board shall be made within a
reasonable time;
9. This sign permit hereby authorized shall in no event
Page 3
Decision Rendered April 14, 1982
Appeal No. 2967 - Mattituck Chhamber of Commerce
be in effect for more than five years, except by approval of
this board after receiving written, request annually thereafter
and compliance with all the above conditions have been made;
10. This sign permit is subject to the Federal Highway
Beautification Act and any and all other funding laws for
highways, if applicable thereto.
Location of Property: Southeast corner of County Road
48 and Westphalia Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-141-3-22.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Douglass and Sawicki.
This resolution was unanimously adopted.
APPROVED
.
Chmrr~n ~ard of
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, South~ld, NY; bounded north by Sunset Knoll
Association; east by Sunse~ 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.
7:45 p.m. Application of Gerasimos Fioravantes,
265 Fourth Avenue, Brooklyn, NY 11215 for a Vaziance 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 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 Zeidter, 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 Art. 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) If] for permis-
sion to erect an off-premises a~vertising 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 108-70C 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-
tia~ 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
GEP~ARD Po GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
Instructions to newspaper__s: Please publish once, April 8, 1982 and
forward affidavits of publication ~o: 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, MOD., 240-11 Maryland Road, Douqlaston, NY 11363
Mr. Ger~3-~os 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, Witliston Park 11596
(for Mr. and Mrs. Aaron Shikter)
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 Films
TOWN OF SOUTHOLD
BUILDItiG D£PA RTMEtiT
$OUTHOLD, ti. Y.
Examined ........................................ , 19 ........
Approved ........................................ , 19 ........ Permit No .....................................
Disapproved a/c ......................................................................................., . , . ·
Application No ......
(Building inspector)
APPLICATION FOR BUILDING PERMIT
°ate ...................
INSTRUCTIONS
a. 'This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the BuiJdi~
Inspector, with 3 sets of plans, accurate plot 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
areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this applicatic
c. The work covered by this 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 perrr
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 Occupan~
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 t~
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe
The applicant agrees to comply with all applicable laws, ordinances, building code, housing cede, and regulations, and
admit authorized inspectors on premises and ir~ buildings for necessary inspections.
(Signature of applicant, or name, if..a corporation)
CAddress of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde
Name of owner, of premises ...................................................................................................
If ap~icoJ~t is a corporate, signature of duly authorized officer.
:;,
X (Nam~ and title ~flco~orate officer)
Builder's License No .....................................................
Plumber's License No .................................................
Electrician's License No .............................................
Other Trade's License No ............................................... Subdivision
,.oca,,on' ': of I~nd. on whi~.~,~) proposed,~ -~ work will ;be/cd°ne'~,~M°P/~ No4·.~ ...... ~'~ ......... ~;....~.. ............ ~' Lot/]dK]No ........................ ~?~. /,'~,~ ~
Street ,:,nd Number ..~.,zA....C.-.....~.~,~.~¥,.:f.~,~,.~/.,.~...6~.,.,..~.b~'..~.J...C~)z:.. ...... ..~..,.~,...,,.~.Z
/Municipality
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
/,
a. ~,is~t~ng'use ,:,nd occupanw ...... .V'.~.4.zz~ ...... ~.~ .....................................................................................
~E ~.,C".~_m ,~-r¢~ ~zi¢~j .............
b. Intended use and occupancy ...................................... , .........:; ..... ~ . .~/.. ..........................
Count~ Tax Map No. Dist. 1000 Section /C~( Block O~ Lot
3. Nature of work (check whi6h applicable): New Building-. ................. ^ddifion .................. Alteration
Repair .................. Removal .................. Demolition .................... O~her Work
4. Estimated Cost .. ~.~J..~. ................................... Fee ...... ' ~''D
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............................ Number of dwelling units on e~ch floor
if garage, number of ~rs
6. If business, commercial or mix~ ~cupan~, sp~i~ nQture and extent o~ ea~ ~pe of u~
7. Dimensions of existing structures, if any: Front ............................ R~ ................................
Height ........................ Number of 5tori~
Dimensions of some structure with alterations or additions: Front ....................................
Depth ............................... Height ............................ Numar of Stories ................................
8. gJmens~o~ of entire new constru~im: Frm~ .................................... R~r ............................D~th
Height .................... Number of Stories
9. Size of lot: Front ........................................................ R~r .......................................... Depth
J0. Date o~ Purchase ........................................................Name ~ Fo~er ~ner
1 1. Zone or use district in which premises are situated ........ ~....J.
J2. D~s pr~s~ c~nstruction violate any z~Jng J~, ordinance or reguJati~:
13. Will lot be regrad~ ............................ Will exce~ fill ~ r~d fr~ p~is~: ( ) Y~
14. Name o( ~ner of premises .................................................... Addr~ ..............................
Name of Archit~t .............................................................. A~re~ ...............................
Name of Contractor ............................................................ A~ress ................................
PLOT DIAGRAM
L~ate clearly and distinctly all buildings, whet~er existing or proposed, and indicate all ~t-~ck
prop~ lines. Give street and block number or ~scription accordi~ ~ ~, a~ sh~ street ~m
STATE OF NEW yORK, I c S
COUNTY OF ...~¢~.I.I~......E...f~'
.... .............................................
(Name of individuaJ signing contracf)
above named. ~.~
(~ntr~ctor, o~ont, co~rotO officor~
of ~oid owner or owners, ~nd is duly outhorized to ~rform or h~vo performed ~he mid work
this opplic~tion; ~t oil st~temonts cont~in~ in thi~ o~plicotion nfo truo to tho best o{
lhor the ~ork will bo performod in the m~nner ~ot {o~h in the ~pplicoHon ~iled
~wom to bo{oro mo ~hi~
..........~~ ~.~ ..... doy~ .......... ~~~ ................. , 19~.~
.................... . .................
FORM NO. 3
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'SOFF~E
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
for permit to construct .... 1~.~_ .~... ~.~ .~.~ .................................. at
LOcation of Property ~oq~. ~o.. ~Jt~...-. ~-~. ~..(ff. ~~.~.~: ....
.... e ......... ~ Hamlet
County Tax Map No. 1000 Section .../.~/. . Block ...~ ~ Lot ..~. ~ ......
Subdivision ................. F~ed Map No .... ~ ........ Lot No.
..........
B~d~g Inspector
RV 1/80
'~ ~'TowN OF SOUTHOLD, NEW YORK~:
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. !
,, ,'-- ..................................
Name of Appellant Street and Number
................................................................. ............. .E. EBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... , .............................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit ~,.,~.~..
~ Street and Number Municipali~ State
( PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
street Use District on Zoning Map
~g...~ ~..:~ ~L~..~.~....~.
Mop ~o.
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.)
3. TYPE OF APPEAL Appeal is made herewith for
( UJ~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York ToWn Low Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has._~ 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
(~' A Variance to the Zoning Ordinance
( )
is requested for the reason that
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
40 ered":tc
2. The hardship created is UNIQUE and is not shared by all properties' alike in the immediate
vicinity of this property ank] in this use district because
3 The Variance would observe the spirit of .the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF TH[ DISTRICT because
STATE
OF
NEW
YORK
C OMNTY 0"~~) ss ~ ~~ ~
ry Public ILLE
~ 60TARY PUBLIC, State of Hew Yo~
.o. 52-8125850, Suffolk Cou~r~
Term Expires; March 30,
':.. ¢ D'U N-FY
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
Town of Southold
Board of Appeals
May 12, 1982
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File Number
Richard Zeidler
Mattituck Chamber of Commerce
~4attituck Chamber of Commerce
Mattituck Chamber of Comanerce
Mattituck Chamber of Commerce
2963
2966
2967
2968
2969
GGN:3k
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
VETERANS MEMORIAL, HIGHWAY ! HAUPPAUGE, L. i., NeW YORK ' 11788
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (5~6) 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 VII, Section 100-70C
__ Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
-- Special Permit
Appeal No.: 2967
Applicant:
Mattituck Chamber of Commerce
Location of Affected Land: SE/corner of C.R.
County Tax Map Item No.: 1000- 141-3-22
Within 500 feet of:
XX
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
48 & Westphalia Ave., Matt.
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 permission to
directional
erect an of~-premises-
sign on property currently owned by Raymond Nine, and as
indicated on the attached decision.
Copies of Town file and related documenCs enclosed herewith for your
review.
Dated: May 6, 1982.
Secretary, Board of Appeals
$outholcl Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH B. SAWICKI
April 29, 1982
Mattituck Chamber of Commerce
P.O. Box 1056
Mattituck, NY 11952
Re: Appeals No. 2966, 2967, 2968, 2969
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and
determination recently rendered and filed this date with the
Office of the Town Clerk concerning your application.
In the event your application has been approved, please
be sure to return to the Building Department for approval of
any new construction, or for a certificate of occupancy of
the premises, as may be applicable.
If you have any questions, please do not hesitate to
call either our office or that of the building inspector at
765-1802.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures
Copy of Decisions
to Building Department
By Linda Kowalski,
Secretary
Legal Notices,
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
~rovisiens of the Amended
ode of the To~vn 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 Liaw
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.
7:40 p.m. Application of
Arthur M. Schwartz, M.D.,
240-11 Maryland Road,
Douglaston, NY 11363 for a
Variance for Approval of Ac-
cess, 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
Beruer; south by Penny and
ano.; east by Munz; County
Tax Map Parcel No. 16~-11~-
9-10.1.
7:45 p.m. Application of
Gerasimos Fioravaates, 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 l ~ accessory use.
Location o, Property: 0220
Main Road, East Marion, NY;
bounded north by Main Road;
east by Amott & uno.; south by
Smith & uno.; west by Cotrene
& ano.; County Tax Map No.
1000-31-8-1.1.
6:05 p.m. Application of
Richard Zeidler, 55 Whippoer-
will Lane, Patchogne, NY for
a Variance to the Zoning
Ordinance, 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.
6:10 p.m. Application of
Warren A. Sambach, 173
Hillside Avenue, Williston
Park, NY 11596 (for Aaron
Shikler and wife) for a
Variance for approval of
access, New York Town Law
Art. 16, Sec. 280A. Location of
Property: Private Right-of-
way off Main Road, East
Marion, NY; bounded north
and south by ~vick; west by
Swick, and Woglom; east by
Swick and Jayne; CTM No.
1000-23-1-7.
6:15 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) [fl for permission to
erect an off-premises
advertising sign in ah A-
Residential and Agricultural
Zone, upon property of L.
Tuthill, North Side of C.R. 48,
Cutchogue, NY; ft'*- ;r
identified as County Tax ap
MBaff el No. 1000-101-1-4.
15 p.m. Application of
tituck 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. 46 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. 1000-14iL/
3-22.
~ 8:15 p.m. Application of
Mattituck Chamber of Com-
merce, P.O. Box 1056,
Mattituck, NY for a Special
Exception to the Zoning
Ordinance, Article III, Section
100-30C(6) If/for permission to
erect an off-premises adver-
tising sign in an A-Residential
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. 1000-10~-3-5.5.
6:20 p.m. Application of
Mattituck Chamber of Com-
merce, P.O. Box' 1056,
Mattituck, NY for a Special
Exception to the Zoning
Ordinance, Article III, Section
100-30C(6) [fl for permission to
erect an off-premises adver-
rising sign in an A-Residential
and Agricultural Zone, upon
property of R. Reeve, located
at the southeast corner of
Sound Ave. and Aldrich Lane,
Mattituck, NY; further ident-
ified as County Tax Map
Parcel No. 1000-120-3-8.
0:30 p.m. Application of
William J. and Ruth Boyihart,
by William B. Smith, 220
Mechanic Street, Southold,
NY for a Variance to the
Floodplain Management Law,
Chapter 46, Section 46-1BA for
permission to construct lowest
floor below the minimum-
required bose 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, 19~2.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS ·
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski,
Secretary
1TA8-392~
.......
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,
N.Y. on Wednesday, April 14,
1982 commencing at 7:30 p.m.
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .................. .~ ................... weeks
successively, commencing an the ...... ...~... ........................
.......
Sworn to before me this ................~.....~.. ......... day of
.............~....., ~ 9.~...~
and as follows: Mattituck, N.Y.; further idbn-
7:30 p.m. Application of tiffed as County Tax Map
~ ..... ~-~...Z' I Parcel No. 1000-120-3-8.
/,.o/.~o p.m. Application ~ 8'30 om A lieafion of
~ Mattituck Chambo- A,, ,-. ! - ' -' ' PP '
mere~ D ~ n ,-- ? iCom. ,/JJ William J. and Ruth Boylh~t,
--, r.v. ~ox 1056, Matti- /Ii by William B. Smith, 220
tuck, N.Y. for a Vatianee lathe / []~'~eehanic Street, Southold,
S~e,ni.ngOrdinance. Article Vll,/J l N.Y. for a Variane~ to the
ect~on 100.70Cforpermissio~r ~ Floodplain Man.agement Law,
ta~.. ~e?t ~n. o~-prcmises I ~ Chapter ~6, S~eaon ~gA for
uU*erusmg sign m a B-I Zone, J I~ permission to construct lowest
l~Pcon property of R. Nine, I/I4 floor below the minimum-
o~Ca~ted~ at the southeast corner I'£1 required base flood elevation
Ay c'~' 48 and Westphalia ] l ] above mean sea level. Location
nog~e~nu,e, Matlituck; bounded ]~-[ of Property: 1370 Latham
W,t- ay. C.R. 48; west by J~'d Lane, Orient, N.Y.; Subdivi-
si?stphalla Ave.; south b; I~;1 sion of "bud's End," filed
A~h~na,ndcO,~rs., ea~., by LIri;C?.~(~ Map No. 5909, Lot 4; County
· ~per, ~ove Lane, /~oa[ Tax Map No. 1000-15-9.1.4.
~nd ors. County Ts. ~a~ /~,I ~eted: ^p., ~. 'Vg2
,,~rarcel..No. 1000-141.3.22. ' [~A.L ByOrderoftheSoutholdTowu
P' · pphcat~on of Board of Appeals
Mattltuck Chamber at Cam- i GerardP. Goehringer
merce, P.O. Bo:{ 1056, Matti- Chairman
tuck, N.Y. for a Special By Linda Kowalski
Exception to the Zoning Secretary
Ordinance, Article II/, Section
I00-30C(6}~f/for permission to
.erect an off-premises advertis.
lng sign in an A-Residential .
and Agricultural Zone, upon
property of Greenbriar q~, ~o' "' '"
Homes, /nc., located at the ~lo?,~.J
north side of .sin Road,
Mattituck, N.Y.; hounded~._
north by Adel; w~st by Garrell;
south by Main Road; east by
Adel and McGuire; County ..
Tax Map No. 1000-108-3.5..$.
8:20 p.m. Application of
Mattituck Chamber of Com. ~IgV
merce, P.O. Bo 1056, Matti. ~.
tuck, N.Y. for a Special
Exception to the Zoning
Ordinance, Article III, Section
100-30C(6)ffj for Permission to
erect an off-premises advertis-
ing sign in an A-Residential
and Agricuhural Zone, upon
property of R. R~eve, located
at the southeast comer of
Sound Ave. and Aldrich Lane,
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O}: VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
March 30, 1982
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2967 application of.Mattitunk.
Chamber of Commerce for a special exception. Also included are 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; Letter of permission from the property owner; and sketch
of sign location.
JTT/bn
Enclog~res
MATTITUCK CHAMBER OF COMMERCE
P.O. BOX 1056 MATTITUCK, LONG ISLAND, N.Y. 11952
Date
Town of Southold
Office of Building Inspector
Town Clerk's O££ice
Southold, NY 11971
Dear Sir:
I ~0~ P ~ ,/V//J/E , owner of the property
located at, ¢O~
hereby give my permission to the Mattituck Chamber of ~ommerce
to erect a "Welcome to Mattituck" sign at the location mention-
ed aboYe.
Sincerely yours,
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE N.~..~...~....~.. ~/~ ~.---
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
', (We)J...~..~..'..~-..~.~..(....~....~.~,..~.._~of~.....~l~.,.../..~...~..~.. ...............................................
Name of Appellant Street and Number
................................................................. ff. .............
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
,~ Street and Number Municipality State
( PERMIT TO USE
) PERMIT FOR OCCUPANCY
LOCAT,ON OF T.E PP`OP:RTY ......
Street Use District on Zoning Map
/v~ap 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.)
3 TYPE OF APPEAL Appeal is made herewith
( ~ 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 (has) (has~.~ been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOP, APPEAL
( ) A Variance to Section 280A Subsection
(%~"~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
l~orm ZBI (Continue on other side)
REASON FOR APPEAL Continued
sary HARDSHIP because
40 areal'
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
~nd
2. The hardship created is UNIQUE and is not shored by afl properties alike in the immediate
vicinity of this property and in this use district because
3
CHARACTER OF THE DISTRICT because
Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
STATE OF NEW YORK ) ' "'
Sworn ,o this ........... ~-.~: ............. day of ........ ~.~ ................
Notary Public ~ELIZABEfH MN NEVILLE
~ tiOTARY PUBLIC, State of New York
No. ,52-8125850, Suffolk Coe~y,~
Term Expires March 30, 19.~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief:
2. That the pr,~o.~.e~ which is the subject ? the~eetiti.~n is located adiace~nt to your prgl~ert~ and is des-
cribed as follows:
3. ~J~a~ the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: -T~O
' " ' '
5. That the provisions of the Southold Town Zonin~ Code applicable to the relief sought by the undO-
si~ned are ~cle
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) 765-~809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Oa,ed:
Petitioner
Post Office Address
#,'/,,.,,
P, 34 628238 ,
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOED--
NOT EOR INTERNATIONAL MAIL
(See Reverse)
PROOF OF MAILING OF NOTICE
H CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
,.=_.~;:;~j _ ~ ,//~ ~d , being duly s~orn, depo'se~ and ~ays that 6~1 the(;;~_.~ day
of'~e~'~"~ ~,.~.,-~.~ ' ' , ~9 ~r~ , deponent mailed a true copy of the Notice set forth on the re-
verse si~le-hfereof, 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 a,s~sn~ent roll of the Town of S/o~thold; that said Notices were mailed at the United States Post Of-
rice at ~,~,J ~ ~ L.//~ ; that said Notices were mailed to each of said persons by
(certifie~D.J~gistered')-mail. ~ ' '-
/
Sworn.t.q,~e~ore me, this c.~-~
day of' //'/~x~ ,
~'"~-~ Notary Public
ELIZABETH ANN
NOTARY PUBLIC, State of New York
,o. 52-8125850, Suffolk C1~
Term Expires March 30,
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
/
for permit to construct .... l~../yT~.. ~-_ .7... ~.~.~. ~ ..................... ,.,~ ........... at
County Tax Map No. 1000 Section .../.~../ ...... Block ...~. ....... .. Lot ..~.~.t ........
Subdivision Filed Map No .... ~ ........ Lot No... ~
is returned herewith anLdisapproved on the following grounds ~./C.~c~:.,C~ e--q'./J~..~'.~7~t~/
Building Inspector
RV 1180
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of ~i+~ ~_~h~' Of ~¢~__
Location_ of_ Property: ~, ~ ~,n~ ~]~-~h~//~ /~/~..
!
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 i~ the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetiands;
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 b~ '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.
[ ]
not appear to
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.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature please
']IIsT'RUCTIONS:
StlO:',T EHV]ROHHL:NTAL ASSESSMkNI lu~l,~
-~----(-o) Jn' order to answer the questions in this short EAF it is assumed
that the prcporer wi}l use. currently avo~lob}e information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or othe~ investigations t/ill be undertaken.
(b) ~£ any question has been answered Yes the project may be
$~gn~£icont and a completed Envlronmental Assessment Form ~s necessary.
(c) ~f all questions have been answered No it is l~ke~y ~ha~
project is pot signi£icont. -.
(dj Environmental Assessment
~. ~'/ili project result in a large physical change
to the project site or physically alter more
then 10 acres of land? ................. Yes
2. ~'lill there be a major change fo any uniq ~o '
-unusual land form ~ound on the site? ......... Yes
3. ~'till prooect alfer or have a large' effect on
existing body of wafer? ...................... Y~s~
4.. ~'Jill p~ojec~ have a potentially large impact
on groundwater quality? ....................... . Yes
~No
5. ~'till project significantly effect drainage
£1ow on adjacent sites? ...................... ,- Yes
g. Will prooect affect any threatened or . /
.... Yes
endangered plant or on,mol species?
7. ~'/ill project result in o major adverse e , _~
: Yes
on ai~ qualiCy? .............. · ................ .
8. ~'liZ1 p~ojec¢ have a mojo~ e[fec¢ on visual
cha~acCe~ o~ ~he community o~ scenic v~ews o~ I'~
v&sCas known Co:be ~mpor¢on¢ ~o Che communiCy?, 'Y~s
~. ~ViI1 projec¢ adversely ~mpac~ any si~e o~ ..
s¢~ucCu~e oF h~s¢o~c~ prehLs¢o~$c o~
poleonto!ogical importance or any site
designated os a a~ilical environmental a~ea
by o local agency? ............ -- . Yes. No
10. ~'lill project have a major effec¢ on exisling
o~ future ~ecreotional oppo~lunili~s? ......... Yes
11. ~gill project ~esult in.majo~ ~aF~$c p~obtems
oK cause a mojo~ eF~ect to exlsling S~o'
lransporlotion systems? ........................ Ye
12. Will project .~egularly cause objectlonable
dislu~bonce°d°rs; noise~asglare~o ~esuVibrati°n~}t o~ the p°~ojecelectricall's es' '/~o
t~ ? - y
13 ~'/ill p j t h y i~p ct p blic h llh
. re ec ave on o on u eo
or.sofe~? ...................................... Yes
~4. ~'/~1~ p~ojec~ offec~ ~he exls(ln9 communl~y by
dlrec~l~ couslng o growth in permonen(
populo(lon of more ~hon 5 perce~ ove~ o one
yeor perlod or hove o mojor nego~lve effec~
on ~he choro~er of the communl~y or
neighborhood? ................................. Yes
15. Is there public controversy concerning ~he
project? ...................................... ~ Yes
WESTPHALIA a* AVE.; vor.
1.2A (c}
AA
20
2.0A(c)
PARCEL
SEE SEC. NO.
LINE
LSA(¢)
MATTITUCK
PRESBYTERIAN
CHURCH
S~
1.0A~)
BETHANY
CEMETERY
55" ~,