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HomeMy WebLinkAbout2848Dez~uLA, DONAld3 u. $~rS-4S 5545 Skunk Lane, Cnt~oque 8/6/~ ~A~06~ ~ moor two boats nO% ~d and ~sed by owner of presses for hiS personal use~ :., b~we~ ~is~n9 pil~gs. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2848 by application Dated June 20, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Donald C. DeLalla, 5545 Skunk Lane, Cutchogue, NY 10/27 /81 DATE ....................... Appellant 11935 at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request' for a variance to the Zoning Ordinance ( ) September 3, 1981 the appeal Art. III, Sec. 100-30B(9) (a) 1. SPECIAL EXCEPTION. By resolution of the Board it, was determined thatxK~l~~X~Xk~XX granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be c~~x Public Hearing held 8/6/81: Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the 'Zoning Ordinance, Art. III, Sec. 100-30B(9)(a) for pemission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cut- chogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. (SEE REVERSE<SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous, decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS The Board made the following findings and determination: Applicant°has filed a Special Exception to the Zoning Ordi- nance in accordance with Article III, Section 100-30B(9) (a) for permission t° dock and moor two boats not owned by himself at premises located at Skunk Lane, Cutchogue and.fronting Baldwin's (Mud) Creek. The Town Code permits boat docking, mooring or accommodation of noncommercial boats for no more than two boats other than those owned and used by 'the owner of the premises for his personal use. Applicant is the owner of the premises in question, and has stated during the public hearing held August 6, 1981 that the mooring accommodates his own boat and two friends' boats, 28-footer, 35-footer and 28-footer, respectively. Appli- cant has received approval from the Southold Town Trustees at a regular meeting held October 2, 1979 "...to make a total of four pilings at this location..."; however at a regular meeting Of the Trustees held September 2, 1981 the Board of Trustees state they would have denied that application for the two additional pilings (making a total of four) if they had known that it was to be used by non-family individuals. It is the feeling of this Board ~that the purposes and intent of the Town Code is to allow the docking and mooring of two boats not owned and used by the owner of this property by this application, provided compliance is met with all rules and regulations applicable to such use. In considering this appeal, the Board finds that the use will not Prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein this use is to be located, or of permitted or legally estab- lished uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by this proposed use and its location; and that the use will be in harmony with and promote the general purposes and intent of the code. On motion~by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Donald C. DeLalla be granted a Special Exception to the Zoning Ordinance, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That no more than two boats other than his own are permitted; .(2) Southotd Town Planning Board site plan approval be obtained pursuant to the Southold Town Code, Article III, Section 100-30B(9). Location of Property: 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson;. west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Parcel Item No. 1000-138-2-18. Vote of the Board: Ayes. Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. RECEIVED AND FILED BY TM soU Ho TOWN C aK ~o~ Clerk, Town~~old LEGAL NOTICE OF HEARINGS 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 Southold Town Hall, Main Road, Southold, NY on Thursday, Au~lst 6, 1981 commencing at 7:15 p.m. and as follows: C/~utc 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, hogue, NY for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his per- sonal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insufficient area and/or width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14.~ 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for permission to construct one-family dwelling from pre-existing chapel with insufficient rear yard setback at . 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, ~NY. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, Page 2 _ Board or'Appeals Regular Meeting of AUgust 6, 1981 legal adv. NY 11778 as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to construct addition with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74'Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Building Permit #11152 Z, which was issued for storage building, a permitted use Amendment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of property: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demi~rack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, ~2~~, 13.2~ 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the ToWn Law for approval of access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. ApPlication of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission' to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agricultural Zone. Location of property: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 30, 1981 and forward nine affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon as possible. FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner)-- ~ ....... (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described Jn that ,~7.,~.~.....,~.~.~/.~,,~....~.r~...CT/./,,/./.~.~..../~.x~.. .... (stat~character of violation) c~,.,~.,~....~...~.~',~.~' .... ~...~~...~.... ~~.~. =..~~.. ~~.~ _ in violation of ...... ~.~. .... ~.~ ..... ~...~:....~:.~., .................................................................... (Store section or porogrop~ of ~pplic~ble I~, ordinance or red. lotion) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the Iow conditions ~bove mentioned forthwith on or before the ...................................................................... ........ ...................... , The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at ~.~~~~~/ ..... ~.~'~..~.C~. ..... County of Suffolk, New York. lo ~ ~ - / ~ ~ - ~',.F -~:~ o ~ Z ~. Failure to remedy the conditions aforesaid and to comply with the applica.ble provisions of Iow / may constitute an offense punishable by fine or imprisonment or both. / Building Inspector TOWN OF $OUTHOLD, NEW YORK 0 APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. APPLICATION NO.c~ Name Street and Number ..... ........................................................ ............................................. hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) ) ss COUNTY OF Suffolk) Signature Sworn to this ....... ..3...0...~.h ........ day of .......... ~..~,~.~...[ ....... 19,~J, .......... I~LIZABErH ANN NEVILI.~ H~TR, RY PUBLIC, State of New York 82-8125850, Suifolk Cou, l]~[ Ferm Expires March 30, FORM ZB2 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI MINUTES REGULAR MEETING AUGUST 6, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, August 6, 1981 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Serge Doyen, Jr.; Robert J. Douglass; Gerard P. Goehringer; Joseph H. Sawicki. The Chairman opened the meeting at 7:20 o'clock p.m. PUBLIC HEARING: Appeal No. 2848. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zoning Ord- inance, Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpso~; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. The Chairman opened the hearing at 7:20 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. ~HAIRMAN: We have a section of the County Tax Map'showing the premises, this property and we have a sketch showing existing piles. Is there someone here who wishes to speak for this application? Would you please come up to the mic up there so everyone can hear you, and this is going on the tape also. DONALD DeLALLA: I'm Donald C. DeLalla, and I have a approval of the Board for what I am requesting. MR. CHAIRMAN: Anything else? DONALD DeLALLA: ible.) That's all. (Remainder of statement was inaud- Southold Town Board of~ppeals -2- August 6, 1981 MR. CHAIRMAN: You may be seated then. has anything to say for this? Is there anyone else who GENTLEMAN IN AUDIENCE: was. I didn't understand what his statement MR. CHAIRMAN: I'm sorry; I was rustling papers, your statement? Those people say they didn't hear you. mic down a little bit. Could you repeat Maybe pull the DONALD DeLALLA: I just wish to bring to your attention that what- ever has been said by you now has been approved by the Board of Appeals in a letter here. GENTLEMAN IN AUDIENCE: This is the Board of Appeals. DONALD DeLALLA: It has been approved. They sent me a letter' to that effect. MR. CHAIRMAN: Could I-- DONALD DeLALLA: Whatever has been said now has been approved, and whatever is taken up now is part of it. MR. CHAIRMAN: Could we see that letter, or could we have a copy of it? One of the two. (Mr. DeLalla brought his Environmental Notice of Declaration to the Board.) MR. CHAIRMAN: Oh, this is a declaration about the environmental-- DONALD DeLALLA: But it does say all the permits have been granted and everything is in order. That's the point I wanted to make. MR. CHAIRMAN: Well, this is the, this is the assessment, environ- mental assessment, short form. This just, doesn't give any permission to put up anything. DONALD DeLALLA: already. I'm not going to put up anything. It's there MR. CHAIRMAN: It's a-- DONALD DeLALLA: Its been there since '79. MR. CHAIRMAN: It says "This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal application." That's something that goes with every, it just states that it does not affect the environment. DONALD DeLALLA: But whatever I'm here for, in 1979 all this, these~-~ pilings were put in with the approval of the three agencies, Trustees, D.E.C., and the Army Engineers. Southold~nBOard~of Appeals -3- August 6, 1981 have to read in. I'll go through the file here reading the permits or whatever letters he had from the different trustees and the boards of the Town. (The Chairman read the following letters and permits: a letter dated October 26, 1979 from the Southold Town Board of Town Trustees, application for mooring in Town controlled waters, also by the Town Trustees, dated March 20, 1979, a letter received by the Board of Appeals on August'5, 1981 from John E. Timpson, a letter received August 5, 1981 by the Board of Appeals from W. S. Gardner, President, Nassau Point Property Owners Association,a letter received on August 4, 1981 from Gloria T. Nixon, a letter received August 3, 1981 from Kunigunde Dunhuber, Doris Dunhuber, and Lorraine Dunhuber, a letter received July 29, 1981 from Joseph P. Kirwin, a letter received July 28, 1981 from Roy & Dorothy DeMott, a letter received July 27, 1981 from Laurence T. Waitz, a copy of a letter to Mr. DeLalla from the Board of Town Trustees, dated July 27, 1981, received July 27, 1981 from Marian Goubeaud, Secretary, Town Trustees.) Mr. DeLalla, do you want to say something else? DONALD DeLALLA: Can I speak now? MR. CHAIRMAN: Right. DONALD DeLALLA: First, let me say that where the rumors started about me adding more poles, I don't know. It's a rumor; it is not true. I am not in the intention of adding poles or'adding any more than what I have right now which are four poles accommodating my boat and two other friends of mine. I never had the intention of adding any more poles. Now, what I wanted to know is why all these people who are objecting to whatever they're objecting to did not come forward when I first applied for these poles in 1979. Why at this date they are coming forward, when it was publicized in 1979 in the papers for them to come forward and say their objections. Nothing was said, I was given the permits, and I went ahead. I put the poles in. Third, I have eliminated some stanchions in front of my bulkheaded property to accommodate cars that are going to use those boats that are being used there including'my own. We are off the road, not a hazard to any road traffic or anybody using that road, running, bicycling or anything else. We are off the road. On my own property these cars are being kept. As far as that camper is concerned, he was a friend of mine, he came up from Florida and I got permission from Mr. Hindermann to have that mobile home there until the thirty-first of July, and before that time those people had left. They agreed to it and they had left, so that was the end. But, I just want to leave this, in closing, there has never been any intention to commercialize what I-have there. It was just an intention of mine to have my own boat and two others, friends of mine, to moor them at that point. That's about all. MEMBER DOUGLASS: Can I ask you a question sir? Have you ever been before this Board before for an application? DONALD DeLALLA: Not the Board of Appeals. In fact, I was told by the Board of Trustees when I applied for the original poles, that I would have to apply~to the D.E.C. and the Army Engineers only. They never requested or said or advised me as to the BOard of Appeals 'application. Southold Town Board of~peals -4- O August 6, 1981 DONALD DeLALLA: Mr. Hindermann came to my home and said I had a' violation and I asked him, I'd like to go ahead.with the necessary papers to clear it, he, I filled out the papers in front of him in his office, and it seems to me from what I gathered that everything had been cleared. · MEMBER DOUGLASS: Thank you. MEMBER GOEHRINGER: Now, to reiterate, Mr. DeLalla, there are three boats there at this particular time. DONALD DeLALLA: That's right. MEMBER GOEHRINGER: Okay. Could you just give us briefly the size of those three boats? DONALD DeLALLA: Mine is a 28 foot, there's a 35 foot and another 28 foot. MEMBER GOEHRINGER: Thank you very much. MR. CHAIRMAN: Are these, those%wo boats other than yours the only ones that are tied up in there? There's been rumors around that at different times there,s different boats in there. DONALD DeLALLA: Well, at the present time there is another boat in slip, in the third, in the north slip because that owner of that boat is having his motor overhauled so I'm doing a favor to Mr. Maylin who lives around the corner to leave his boat in, just put in the water last Sunday, to let it swell up, and then he's going to move it possibly today or tomorrow. But that boat's going to be out of there and the original fellow holding the sliP is going to be in there by next week. MR.- CHAIRMAN: Do you charge any fees or anything? DONALD DeLALLA: MEMBER DOYEN: DONALD DeLALLA: Absolutely not. Does anybody reside in those boats, or live on them? No, no, it's just for mooring. MEMBER DOYEN: Just for mooring. DONALD DeLALLA: Just mooring, in and out. Nothing else is being done there, if they sit on the boat there that's about it, or doing a little repair work on the motor and things like that. But there is no residing. Where the rumor started about this putting more poles, I don't know. (Remainder of the statement was inaudible.) MR. CHAIRMAN: That's about all you have to say? DONALD DeLALLA: Unless you have any questions. MR. CHAIRMAN: No, the Board seems to be alright. Does anyone else have anything that they wish to speak on about'this matter. If not, I'll, oh, excuse me. W. S. GARDNER: In opposition or for it? Southold Town Boar~f Appeals -5- $ August 6, 1981 MR. CHAIRMAN: Right. Do you want to get up and say something? W.S. GARDNER: Yeah, I will. I'm W. S. Gardner; I'm President of the Nassau Point Association. I wrote you a letter. This is not on our property, but I think it's starting to set some precedent. First I must say that I agree with Mr. DeLalla that some of the letters that were written to you were not on the point of this hearing. The~were on another subject, more poles, more bulkheading. I don't think they're on the point of. this hearing at all. But they raised the question that why are we raising the issues at this time when he got the permission for the poles last time. Well, the reason was, as I understood it, that he put those poles in for use of boats of his or his relatives. I understand that is what the question is now. That these people are not his relatives; he can say he's not getting anything, but my experience is you don't do nothing for nothing. You get some return for something. I've seen boats change there, different boats come in. I think one of the things we should establish, if these are relatives of his, he should tell us what the relatives are, and what the relation is. If they're not relations, they should not be. kept there. I know in Wunneweta Pond, I live in Wunneweta Pond, I could put three boats out on my property. Somebody next to me could put six boats because he has two lots there. That I don't want to see. That's why I'm fighting this thing, because I think it's a bad precedent. It's going to foul the waters; it's got to. Cars are parked there, people can do all sorts of things there. I'm against it and that's why I wrote the letter. Thank you. MR. CHAIRMAN: Thank you. Anyone else? Mr. Waitz. LAWRENCE WAITZ: I'd like to further reiterate my opposition to this variance. I admit that my .letter was slightly off base because I thought he was asking for extra piles. But the main issue is the commercialism of this venture. He spent the money for the bulkheading and pilings, lights for each boat, a bubble system, and you don't do that just for your friends unless you're a very wealthy person, and I talked to Paul Stoutenburgh this morning, he regretted he couldn't be here, but he said that the Town Constable had spoken to one of these people on one of ~hese boats and he said that he was paying for the privilege of keeping the boat there, and then another thing, the one boat has a large bow spread which sticks way out beyond the others right out into the channel. And it is not just a simple thing of having your friends or relatives there; it is beyond that. As Mr. Gardner said, there have been different boats there. They come and they go, and lately, they've been gone. Now, another thing, he says that they just work on their motors, but people have been there on weekends until 11:00 o'clock at night with radios playing, people sit in the cockpits, and they sit on the beach there, and they're there all day long and far into the night maybe overnight. I don't know about that. Bu't they have to use facilities on those boats unless they have the propert facilities they're in violation of the environmental laws also. Thank you. ~,~q. c~AIPJA~.~: Thank you, Mr. Waltz. Yes sir, your name please. O Southold Town Eoard of Appeals -6- August 6, 1981 JOSEPH ~2~I~: Mr. Joseph Kerwin, and as· I say. I think if we're going to hope that this permit is granted, in any way, I think we're 'going to open a Pandora's box. You have a letter from Mrs. Dunhuber. They're across the creek; they have 600 feet and if he's allowed to go on enlarging and improving, they should be granted the same permit, and we're going to have a lot of problems in there. That creek isn't that big, and for these big boats that are in there, 'they can't even turn around (this ohrase_ was inaudible.) They' ~ run the mo{ors, they knock the silt and dirt all over and into the channels. It's not right. I've got two pieces of property on the water. I'm not in the market for that kind of stuff. We live on the creek because we like it, and I think we should really.think serious about these conditions. We got other residents coming up for. bulkheading and stuff, we got a pier and bulkhead line. These docks and stuff are out beyond that, and I think if the Board was down and looks at it, they can see for them- selves what's going on.. ~. CH~I~.~M: We've been down there. JOSEPH K~RWIM: Well, as I say, the pier and bulkhead, you're not supposed be out beyond that. These docks and stuff and way beyond these pier and bulkhead lines established by the government. Thank you. ~. C~_~I~.~: Thank you. Anyone else? Mr. DeLalla. (] DOMALD DeLALLA: First of all, when that bulkhead was built, 11 years ago by Rambo all legal permits and acceptances and so on was granted~for him to go ahead to put it where it now is. There was no, there was no objection as to where it is now. That's 11 years ago, for the bulkheading. ~ow, that bulkheading is on my property, I can go down on that bulkhead and sit do~.~ there all day long in the sun, there's nobody that says I can't, with my friends or anybody else I wish to sit on my own property. I'm not, there has never been any abuse of loud music or any disturbance as this gentleman mentioned before. That is absurd. It's never been that way. The boat that is there now, somebody said that the', there's been different boats there. Now let me explain that. The boat that is there in the center of the slio now is there for one reason. The one that occupied that space originally, the man took sick last year, has cancer, and as of today it was hauled out of my bac!q~ard down to Corrigans Boatyard in Hampten Bays to be sold. I had that slip emoty. I had a friend of mine come to me ~ond say I noticed that that slip is empty could I use it, I said sure. I'll even give you his name, his name is Fred Meyers. That takes care of that slip. ~.!ow, the end slip I just explhined before, that there's another boat there because it is empty. The slio is empty, the man just put the boat in the water, he wants it to swell up and he's going to move it either today or tomorrow, and the boat that originally belongs there is now being repaired in Southold Shipyard, and when that is repaired it will come back in its original slip. And that will be Southold T~.:m Boer~f Appeals -7- August 6, 1981 ,( (DO~YALD DeLALLA, C0['~. ): the way the set up is. There'll be no additions as I've heard. ~[ow, as I said, I got a 60 foot bulkhead there by 12 foot. It's my property. I can have my friends sit on that and stm themselves or do whatever they please on there without making a nuisance of themselves. That's within the law. That's about all I think I can say right now. If I can be shown where I must have relatives occupy those spaces, I'd like to.see it. ~gny it can't be fronds, as previously mentioned it had to be relatives. Now just one thing in passing, I wish to say that this was set up in 1979; there was no objections at that time. I've been doing whatever I've been doing for these cast few years and no one has come forward or has shown any objection in these few years. Now, someone's coming for~vard, and there has been no violations as far as I'm concerned. That's all. MR. C[{AIPJ4A~: Alright, thank you. closing the hearing and-- I'll offer a~resolution GE~L~.~ I~ AL~DIEMCE: There's a question over here. MR. CHaIRMAn,. Wait a minute, oh, excuse me. WILLI~.~ PETERS: My name is %~?il!iam Peters. I'm a'member of the Creek Committee of the Nassau Farms Association. I'd like a clarifica- tion of the code. As I ~nderstand it, the code says you can have two boats other than your o%~n for your own private use. For your own personal use. Does that mean that you cen only use boats for your own --persona! use, or does that mean that you can have boats there that be- long to your friends. MR. CHAI~M: You can have two boats other than those that are-- %~. PETERS: I'm trying to come from memory as to what the code says, you read the code and the second, second letter. MR. CHAi~M~2~: Yeah. That ' s it. %~. PETERS: It's my understanding that you can have boats other than your own there, if you are using the boats. ~. CI~I~.t~w: It's, "There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use." It means if he owns two boats, there can be two other boats, a friend's or someone else. h~. PETERS: him. No, I think it, he can have two boats not owned bY ~. CHAI~%~: No, it doesn't, that's where there's a catch in this thing here that, he may have three or four boats of his own, and accord- ing to the way I interpret this, He could still put in ~o more boats belonging to someone else. Southold To~.~ Board of~Appeals -8- August 6, 1981 ,/ %f. S. GARDI~,~ER: But he needs a Special Exception, that's what this hearing is about. I~. PETF~RS: Alright, okay. ~'~. CFL!IRMAN. The whole thing is by Special Exception, that's why the application-- I'$~. PETEP~: As a member of the Nassau Farms Creek C6mmittee, I think I'd like to go on record as saying that we oppose this on a matter of principle because we feel that this will set a precedent. On the other side of Mud Creek is 600 foot of space, which could have some 30 boats moored there. MR. CHAI~f~,!: Somebody the other night told me she's going to do it. Anyone else? This gentleman over here. ROY DeMOTT: I'm Roy DeMott, 103 Bay Avenue. I object to ~. DeLalla's having the three boats at the dock from early spring to late fall, and then they come out, they go to a marina, they're taken out of the water and they're stored in the lot next door to him along with a camper, all winter long, then they come out and go back in the water again. ~ow, if that's not a marina operation, I don't know what is. And they're the same boats. Plus the fact that last year there .~as people living on the boats for well over a month. Groceries going on and off and the trash was coming on and off. And I don't think that conforms to the code, that you can live on a boat. Moored at the dock continuously. ~. C~I~3~: Thank you. Well, we've got several hearings to go and it's getting into the evening, so I'll offer a resolution closing this hearing and reserving the decision until a later date. I~'~'~R. GOE~tMG~R: Second. On motion made by Mr. Grigonis, seconded by Mr. Goehringer, it waa RESOLVED, that the hearing be declared c!Dsmed and decision reserved in the matter of Appeal ~o. 2848, application of Donald C. DeLalla. Vote of tl~e Board: Ayes: Goeb. ringer, and Sawicki. Messrs. Grigonis, Doyen, Douglass, PUBLIC M~?~RI~.~G: Appeal Mo. 2852. 17 Aberdeen Street, Malverne, A~ 11565 (by Gary Fl~nner Olsen as attorney) for a Variance to the Zoning Ordinance, ar~. III Sec. 100-31 for approval insufficient area and/or width of two parcels ~e to the relocation of lot lines. Location of property: R-O-W south of Great Application of MarEaret McCowan, MARIE ONGIONI CARMELA L. BORR£LLI LAW OFFICES OF MARIE ONGIONI 218 FRONT STREET P.O. BOX 562 GREENPORT. NEW YORK ! !944 TEL. (516) 477-20,48 FAX (516) 477-89 ICJ Matthew Kiernan Assistant Town Attorney Town of Southold Southold, New York 11971 April 14, 1992 Re: Gardiners Bay Estates Homeowners Assoc. Board of Trustees Dear Matt, My associate spoke to Linda Kowalski at the ZBA today and she confirms that Section 100-31 C(3)(a) has been previously interpreted by-t-he-ZB~--a~-we-had-~nticipated in-my letter to you of April 8, 1992. The ZBA found in the Delalla matter decided in 1981 that the owner of the property may have docking for no more than two boats other than (i.e. in addition to) those used by the owner of the premises for [his] personal use. In other words, the owner can dock as many boats as the owner wants to dock at the site. Based on the aboVe, I ask that you advise the Board of Trustees that the application from Gardiners Bay Association for a four (4) boat docking facility not be held in abeyance pending an interpretation of this section. The Association's application is within the number of boats allowed under the code. Since we anticipate that other matters will need to be addressed by the Board of Trustees before this application can be granted, I ask that you advise them that the number of boats is not an issue so we can proceed and avoid unnecessary delay. Thank you for your cooperation in this matter. Very t~/!/ y~ours, MARI ~. ONG IO~-i~ CLB/smm cc: Larry Matzen, Gardiners Bay Estates Homeowners Association Linda Kowalski, Zoning Board of Appeals John M. Bredemeyer III, Board of Trustees DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPPELMAN DIRECTOR OF PLANNING November 4, 1981 ~/~ '///~ Roara ol Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applicatims which have been referred to the Suffolk County Planning Commission are considered to be a matter for local dete~nation. A decision of loc~ dete~nation should not be construed as either an approval or a disapproval. Applicant ~unicipal ~ile N,,mher ~d DeLalla 2848 Nicholas Yuelys 2886 OGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. I.. ,.. NEW YORK · 11788 Southold Town Board of Appeals MAIN I~OAD-STATE I~DAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article III , Section 100-50B(9)(a) Special Permit Appeal No.: 2848 Applicant: Donald C. DeLalla Location of Affected Land: 5545 Skunk Lane~ Cutcho~ue County Tax Map Item No.: 1000- J38-2-18 Within 500 feet of: Town or Village Boundary Line ~<.-f Body of Water (Bay, Sound or Estuary) Baldwin's Creek State or County Road, Parkway, Highway, Thruway .. Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission todoaT, f ~Rd. moo~ ~O ~oa~.~ ~d~ ,m,~ed ~q~ ~]~ed by owner o~ ~rem~ses for his persons~ use betweem e~is~,;,~,~!~ pilings. Pub!i~ hes~ring held and closed . At a meeting,,,, of 9/~/81~ applicant was granted a Special Exceotion sub,!ectq Copies of To~ file and related doc~ents enclosed herewith for your review. Cooy of ~c~ion~ included. *to conditiShs, t~uo~ic nearing 8/S/81) ~~ ~. ~~~ Dated: October ~0~ 1981 Secretary, Board o~ Appeals ~ Southold Town B°ard of'Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERTJ. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI October 28, 1981 Mr. Donald C. DeLalla 5545 Skunk Lane Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal was approved, please be sure to return to the Building Department for approval of any new construction or certificate of occupancy Or use of the premises, as may be applicable in your case. 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, CHARLES GRIGONIS, JR. CHAIRMAN ~ ' Secret~ry lk Enclosure § 100-30 SOUTHOLD CODE (d) Barns, storage buildings and ot~.,~ structures, provided that such buile conform to the yard requirements buildings. (3) Buildings, structures and uses owned or the Town of Southold. Uses permitted by special exception bv th~. Appeals. The following uses are ~errnitted exception by the Board of Appeals, as provided, and subject to site plan approval by Board in accordance with Article XIII bereft. (1) Two-family dwellings, conversion of existing: and new construction, not to exceed one ~: dwelling on each lot. (2) Places of worship, including parish house~ ,~ cluding a rectory or parsonage, which shall the requirements for a one-family dwelling ). the following requirements: (a) No building or part thereof shall be erect~ than fifty (50) feet to any street line and than twenty (20) feet to any lot linc. (b) The total area covered by all principal cessory buildings shall not exceed twem) (20%) of the area of the lot. (3) Private schools, colleges and other educauo~ stitutions, subject to the following requiremrr:.~ (a) No building shall be less than fifty (50~ i~ any street or lot line. (b) The total area occupied by all principal cessory l~ufldings shall not'exceed twenty (20%)'of ~he area' of the lot. (c) Any such school shall be a nonprofit organg~ within the meaning of the Internal Revenu~ and shall be registered effectively thereur~ such. 10020 , :00-30 ZONING § 100-30 from any lot line, and any Such building, tent, activity area or recreation facility shall be 'ef- fectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Labor camps, farm and nonfarm, subject to the following requirements: (a) All farm labor camps on farms shall be con- structed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, ~xcept by specific review and approvM of the Board of Appeals. {~.Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements:7 {a) There shall be docking or mooring facilities ~for no more than two {2) boats other than those owned .and used by the owner of thn pro, mi,qas for hi~ personal use. ' }'-dttor's Note: See also Ch. 32, Boats, Docks and Wharves. 1O023 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Mr. Donald C. DeLalla P.O. Box 526 Cutchogue, NY 11935 September 5, 1981 Re: Appeal No. 2848 Dear Sir: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, September 3, 1981 concerning the above appeal: BE IT RESOLVED, that Donald C. DeLalla, be granted a Special Exception to the Zoning Ordinance, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That no more than two boats other than his own are permitted; (2) Southold Town Planning Board site 'plan approval be obtained pursuant to the Southold Town Code, Article III, Section 100-30B(9). -An official determination will be filed with the Town Clerk in the near future and simultaneously forwarded to you for your records. Please do not hesitate to call if You have any questions. CG:lk Yours very truly, CHARLES GRIGO~IS, CHAIRMAN ~Le:'' ,-/. Thursday, Septe r 3, 1981 ~bse,~t~ if any: none i/ 2848 . .. n/,x]~tter o[: DONALD C. DeLALLA "" ri,artec or Appeal: made by: SPECIAL EXCEPTION TO DOCK UP TO TW° BOATS NOT in additi6n to BOATS OWNED & USED BY. OWNER. ~Charles ~erae ~Rob~rt ~ O~rard ]3 o),~en ~ougiass ~ r 1 g 0 Fi 1 S baWlCKl uoen, r~er JOseph. ( ) (v0"' ( ) ( ) ( ) Approve as applied for Deny as applied for Deny without prejudice ~qthdrawn without Prejudice OWNED BY H ,( ~J/~pprove with the followin9 conditions: ( ) Subiect to County Planniflq referral ( },2)"Subiect !to P.tanninq Board approval ~'~/oa -30 ( ) Subliect!to D.E.C. requlations ( ) 'Other: the Board are as folio/cs: Boats presently docked a~prova'l. ' .'~/~ ~.~_~ ~/~--~ ,~ ~< do not have Special Exce_ptJ Other: 'ithin the Character of the Neighborhood ~nce is Substantial in Relation to Code ~hip not sufficient ship or Difficulty Not Unique :et a precedent in the neighborhood is alread,v very congested .~sts of justice.seryed by de.hying -. ~-~:.: Abstain: Absent: ( ) ( ) () RD Granting the Relief Requested is within spirit of the zoning code Relief is not substantial " Burden of hardship or difficulty s'hown and is unique Variance will not change chai~acter of the neighborhood Interests of Justice served by gran:ing () () () () () () Telephone 516-765-1938 BOA TEES Southo~. 11971 October 26, 1979 Mr. Donald C. DeLalla 102 Bay Avenue Cutchogue, New York 11935 Dear Mr. DeLalla: The following action was taken by the Board of Town Trustees at a regular meeting held October 2, 1979. RESOLVED to approve the application of Donald C. DeLalla to place an additional piling off private property of the applicant at Mud Creek to make a total of four pilings at this location. The Trustees feel there should not be any moorings or pilings off the property to the south of this location. I enclose section of the Code of the Town of Southold which specifies that there may be not more than two boats other than those owned and used by the owner of the premises for his personal use. Yours truly, Muri~l~-~olman, Clerk Board of Town Trustees Town ot 5ou old Dear A~ua Hataier, August 7~1981 I live across ~ud creek from ~r. Donald C. DeLalla and his marina,s.Having just signed a petition against his application for additional mooring spaces I am now questioning his right to moor the three 30 footers that are there ~at this time. I am certain that only one of these boats are his and that he'renting out the other two spaces. At one time there^three boats moored and one in the lot next to house with about four cars parked off skunk lane by the boats. Also there have been people staying overnight on these boats. For a residential com- mmnity I don't feel that we have to put with commercialism. I am concerned about this misuse of residential property and would like to know if it is legal. Thank you. Sincerely, A concerned citizen Bernard Robins Box tlC Strohson Road Cutchogue, N.Y. 11935 Telephone 516-765-1938 BOAR~ Sou~ . ? STE S October 26, 1979 Mr. Donald C. DeLalla 102 Bay Avenue Cutchogue, New York 11935 Dear Mr. DeLalla: The following action was taken by the Board of Town Trustees at a regular meeting held October 2, 1979. RESOLVED to approve the application of Donald C. DeLalla to place an additional piling off private property of the applicant at Mud Creek to make a total of four pilings at this location. The Trustees feel there should not be any moorings or pilings off the property to the south of this location. I enclose section of the Code of the Town of Southold which specifies that there may be not more than two boats other than those owned and used by the owner of the premises for his personal use. Yours truly, Muriel Tolman, Clerk Board of Town Trustees A/1 - Rev. 6/?2 BOARD OF TOWN TRUSTEES Town o~ Southold Main Road Southold, New York 11971 APPLICATION FOR A MOORING IN TOWN CONTROLLED WATERS: ...... ...... ................................ . 0 ac ame a d address: ......... ~ ............... ~ ........ ~ ............ ),.~. ...... : .................................. ................................................. ~.~ r~ ~.~...~. .................................................................. 3. Whot is bein~ moored? ........... ~...~.~.~ ..................................................................................... 4. If ~ b~ot is bein~ moored, store: Nome of boot .......... 55~.(~.5~. ........................................ Color Length ~/ Powered by 5. What is your method of mooring? (mark by an X in the proper space) ( ) OFFSHORE MOORING (type & weight) ...................................................................... ( ) OFFSHORE STAKE ( ) OFFSHORE STAKE with pulley line to ONSHORE STAKE Q~') TIE-UP BE~EEN PILINGS (number of piles) ..... ~. ........... ( ) SOME OTHER METHOD (describe) .................................................................... ..~..:.5~ ...... ~~.~ ....... ~...~2.5~.~.....~.~~.,.~ ..... ~.~..r .... ~.~.?~ .......... 6. After issuance of a Permit, I expect to: (mark by an X) 4-P~ i~vCr- / ?J~ o (a) Commence work--AT ONCE ................ ; ASAP ................ ; UNKNOWN ................. (b) Complete work in--] DAY ..... ....~..; 1 MO ............. ; I YR ............. ; FUTURE ............ 7. Secure the correct Area Map from the Secretary of this Board, and by means of an X WITHIN A CIRCLE indicate as closely as possible the location of this mooring. On the reverse side of this map, provide a SCALE DRAWING which shows Ordinary High Water Mark, stakes, pilings or other anchoring devices to be used, and all distances in. feet between stakes and stakes. 8. Is access to the proposed mooring from PUBLIC or PRIVATE shoreline property? (state which) ......... './~...~../'.t~r.~..Z..~.~' ............. If from private property not belonging to the applicant, provide a letter of consent from the property owner. 9. At the mooring's location: What is the approximate distance to the channel? O'~© ft. Number of other boats moored within 100 ft ............ ~ .............. 10. In making this application, I declare that the placement of this mooring will not be an im- pediment to the normal boating needs of others. Accepted by: Dated: 3./1 - Rev. 6/72 BOARD OF TOWN TRUSTEES Town of Southold Main Road Southold, New York 11971 APPLICATION FOR A MOORING IN TOWN CONTROLLED WATERS: 1. Applicant's name and address: ........................................... .......... ...... 2. Contractor's name and address: .... . .~..~r..../..~.....,..~...,~..../~../~....o. ....... ..~...~.~ ............................................. 3. What is being moored? ..................... ...~...~.../~......~.. ............................................................................ 4. If a boat is being moored, state: Name of manufacturer ............. ..~.'.....~...'~...'~...~..i ........................... Reg. No ............................. Name of boat .............~....~...~......~...~..~..~ .................. Color ....... ~.'~..../../.~..~......:~. .... Length ........................................ Powered by ..................................................................... 5. What is your method of mooring? (mark by an X in the proper space) ( ) OFFSHORE MOORING (type & weight) ...................................................................... ( ) OFFSHORE STAKE ( ) OFFSHORE STAKE with pulley line to ONSHORE STAKE (/~ TIE-UP BETWEEN PILINGS (number of piles') .......~... .......... ( ) SOME OTHER METHOD (describe) .................................................................... 6. After issuance of a Permit, I expect to: (mark by an X) (a) Commence work--AT ONCE ................ ; ASAP .......~ ....; UNKNOWN ................. (b) Complete work in--1 DAY ............ ; 1 MO ............. ; 1 YR ............. ; FUTURE ............ Secure the correct Area Map from the Secretary of this Board, and by means of an X WITHIN A CIRCLE indicate as closely as possible the location of this mooring. On the reverse side of this map, provide a SCALE DRAWING which shows Ordinary High Water Mark, stakes, pilings or other anchoring devices to be used, and all distances in feet between stakes and stakes. Is access to the proposed mooring from PUBLIC or PRIVATE shoreline property? (state which) ....... · .~...'~../...~..~....~'..~-~.. .............. If from private property not belonging to the applicant, provide a letter of consent from the property owner. At the mooring's location: What is the approximate distance to the channel? .......... .~..~... ........... ft. Number of other boats moored within 100 ft. '~ 10. In making this application, I declare that the placement of this mooring will not be an im- pediment to the normal boating needs of others. .............. Accepted by: Dated: © NASSAU POINT PROPERTY DWNERS ASSOCIATION P. o. Box 346 DUTOHOr~UE, L, I., N. Y. llB-~S August 4,1981 Board of Appeals Town ol Soulhold Southold Town Board of Appeals Town Hall Southold, N.Y. 11971 Gentlemen: I have had many calls on the application of Donald C. DeLalla for a Special Exception which will allow him to moor boats at his property other than used for his personal use. While the area in question is not on Nassau Point, I checked into the application and found that it does have general interest and precedent setting factors which could affect the residents of Nassau Point unfavorably. Accordingly, I .am taking this opportunity to express our opposition to this application. Whenever anyone is given an e~ception which will allow,in effect, a mini-marina, it opens the door for many similar applications which condition could snowball and have broad effect. We,on Nassau Point have many areas which could allow for marina type operations such as Wunneweta Pond but I am sure the residents of the entire Point wo~ld object to such use. This is a residential area and the waterfront should be limited to the use of individual owners if the land is privately held. Any commercial use would break down the effects of our ~ery helpful zoning codes. I also understand that Mr. DeLalla has applied for a permit to bulkhead an adjoining piece of property and if this is true I am concerned about further extension of a rental type of operation. I plan to be at your meeting on this matter but thank you for this opportunity to make our objections known. y yours, Bo~d of Appea!s l~d of Appeals T~wn oi Southold ~e~. ~/~/e~ To the Board of Southold Town Trustees Southold, N.Y. We the undersigned residents of Cutchogue in the area surrounding Mud Creeks(Baldwin Creek) oppoSe~-the .......... application of Donald C.DeLalla of Skunk Lane (Bay Avenue) to place additional spiles in Hud Creek forthe purpose of mooring three or more boats. ~ ~ ', I! To the Board of Southold Town Trustees ...... Southold, N.Y. - ................ We the undersigned resider~s of Cutchogue in the .area SUrrounding Mud Creek (Ba~ldwin Creek) appose the application of Donald C.DeLalla of Skunk Lane (Bay Avenue) to place additional spiles, in Mud Creek for the purpose of mooring three or more boats.. Board of Appeals Town of Southold ~. ~/~/~/ 105 Bay Avenue Outchogue, N.Y.~ 11955 July 27, 1981 Board of Appeals To~n of 8outhold, N.Y. 11971 Re: Request for special exception by Mr. D. DeLalla Gentlemen: We, Roy & Dorothy DeMott residing at 105 Bay Ave., Outchogue, Lot ~107 onthe Nassau ~arms map, object to any further docking and storage facilities for boats on the property of Donald DeLalla, owner of Lots ~111 $ 112, or by any other future owners of the property. We feel Mr. DeLalla has already exceeded the priviledges granted him several years ago by permitting others to live on, and entertain on their boats at the dock. The cars are parked at the location for many days at a time; this creates a traffic hazzard. There is also an unused float and a post fence on unused Town Highway property which we believe would leave the Town liable in case of a damage claim. There is a large power boat not belonging to Mr. DeLalla stored at the rear of Lot ~112, and until recently a camper was parked there with people using it. We feel Mr. DeLalla is conducting a commercial marina in a residential A-zone area regardless of his assurance that this would not happeN. We would appreciate being advised as to what action, if any, is planned by the board with regard to this matter. Very truly yours, Roy/DeKott July 22,1981 ~rs.Joseph G.Hataier,Chairman $outhold Board of Trustees Southold,N.Y. Dear Nrs.Hataier: This letteris to express my opposition to the issuance of a permit to ~r. Donald C.DeLalla of Skunk Lane, Cutchogue to erect three or more spiles for mooring boats in Nud Creek, Cutchogue. These poles and the subsequent boats protruding into the creek will create a menace to navigation especially at night. The creek is filling in and the channel is getting narrow. Furthermore the parking of many cars on the West side of Skunk Lane will cause a traffic problem. The road is very busy in the Summertime especially on weekends. There is very little land West of the road so the cars will be parked partly on Town property. The creek is a fragile nursery of many forms of~ sea life especially as it is adjacent to many vital wetlands including the common meadowlands and the six acre Mud Creek Nature Conservancy sanctuary. People spending nights and weekends on these boats will cause undeniable pollution. The running of large motors at the dock causes much noise in the quiet residential neighborhood now and this will be incres~sed by the additional boats the new poles will allow. There is a definate commercial aspect to this venture as noone spends the money for docks, piling, lights and bubble systems unless they intend to profit by it. No one family needs more than one large boat. Last Winter three large boats were ~ kept in Mr. DeLalla's side yard. Will there be six, or seven boats there next Winter? I dont belSeve that several of the boats presently kept in Mud Creek in front of ~r. DeLalla's house are owned by his family or local people. The simple, rural nature of our creek will be spoiled forever if this ambitious project is allowed. BOA ISTEES Telephone 516-765-1938 11971 B :ri oi Appeals Town oi Soutl old July 27, 1981 Mr. Donald DeLalla 102 Bay Avenue Cutchogue, N. Y. Dear Mr. DeLalla: The Board of Trustees would like to bring to your attention that your mooring permits allow only three private recreational boats to be moored at your site. The mooring of anymore boats or the accepting of fees for mooring is in violation of your permits. If such is the case, your permits will be revoked. (V/) Ag~.~.aa Item for ~c~ / ~ ! ~/ '( ~)' 'ZBA Chair~n/~em~e~s copies ( ) ~uildinZ De::t. ( ) Planning l'oard ( ) Applicant or his ~ont ( ) c~pF to , ) Oo~ents or ReD1F Requested Yours,truly, Anna To Hataier, President Southold Town Trustees il I I, LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN,' pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, August 6, 1981 com- mencing at 7:15 p.m. and as follows: ~7:]5 p.m, Aonlieation of i~r~ce Art. III, Sec. co uoc~ ano moor~two bo~ owned and used by owner of ~ _-'n'T~l s.~_e~r so n a I us~ son; west by Baldwin's Cree~. sOUth Dy Par~ ~fi~- ~iJLq.nk Lane); Cou.~tn y T_ax_~_.~.~__ Item No. 7:25 p.m. Application of Margaret McOowan, 17Aber- deen Street, Malverne, .NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval in- sufficient area and/or width of two parcels due to the re- location of lot lines. Location o¥ property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnstdn and Mormile, south by Alex. under, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14.' 7:35 p.m. Application of' Kenneth I. & Judy M. Mc- Fall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Oslen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100- 31 for permission to construct one-family dwelling from pre- existi)g chapel with insuf- ficient~rear yard setback at 7216 C~eat Peconic Bay Boule- yard, ~aurel, also known as Laurel Acres Minor Subd.. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10- part of 1.3. 7:50 p.m. Application of Pstricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordin- ~mce, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #21 approval of insufficient f~ont yard of proposed lot #3 of said lots at 2155 Skunk ~ (Bay Ave.), Cutchogue, NY.. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutcho~ue: bounded COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 ............... .k.. ...................... weeks successively, commencing on the ...... ~...~.. ...................... day o~;, ................. , 19...~.~.~. Sworn to before me this ......... .~...0.. ................. day of ...... ............ , CLEMENT J. THOMPSON NOTARY PUBUC, State of Now York Ho. 52-932X725 Rlmtdifl8 ill Suffolk Courtly ~ 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Vari. ance to the Zoning Ordinance, Art. RI Sec. 100-31 & Sec. 100-36 for permission to con- struct addition with insuffi- cient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Es. tates Subd., Filed Map #95, Lot 96; County Tax Map Item No. I000-37-1-9. 8:30 p.m. Application of Salvatore Calola, 74 Irving Place, 'New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art, III, Sections 100:30A (1) & 100-32 for permission to.amend Build- ing Permit #11152 Z, which was issued for storage build- lng a permitted use Amend- ment to living unit is not Permitted with an existing dwelli~ on rir~malm~ ~1~.,t 8:55 p.m. Application of Northville Industries Co~p.,, P.O: Bo~ 111, Riverhead, NY 11901 for a-Variance to the Zoning Ordinance, ?Art. RI, Sec. 100-30 (A & B) for permission to use part et premises for commercial dock- ing and mooring with parking storage area in an A Resi- dential-Agricuitural Zone. Lo- cation, of property: 610 Nau-~: gles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99- 4-18. Owners of 'property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Sta-, tion, NY 11746. Dated: July 24, 1981 . BY ORDER. OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman 1T, 7/30/81 (2) Legal Notices LEGAL NOTICE OF HEARINGS 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 South- old Town Hall, Main Road, Southold, NY on Thursday, August 6, 19151, commencing at 7:15 p.m. and as follows: _7:15 ? m -~nnlication of ..Dc, nnld C_ DeLalla. ~'.O. fl ~ll~qhomm ~NY fo~ a cial Exc~ptibn to t~e ZOn- ing O~di~o% =-~ 111. Se~. '1~30 B t~3 (fl) for ~rmism~ ~ dbck and ~,~.t~ h~, not owned and us~a oy owneE ~r~tses ior ms ~monal use o~rwe'en ~xistlfi~ oilings a~ ~ Sku~", -~,,*ohoaue. ~ north b~ Ti~? so~; west by ~m~win's Creea; ~, by ~~ ~ne~; ~unty Tax map ~mm ~-l~-~-t~. 7:25 p.mff~ Application of ~rgaret ~eGow~n, 17 Aber- deen S~reet, ~alverne, NY 11~5 (by Gary Flanner Olsen as attorney) for a Variance to the ~oning Ordinance, Art. III See. 1~-31 for approval insuf- ficient area and/or width of two parcels due to the rel~a- tion of lot lines. ~ation of pro~rty: ~-O-W somh of Great Peeonie Bay Boulevard, ~aurel; bounded north by Con- nelly, east by Joh~ton and Mormile, south by Alexander, west by Kennelly; County Tax ~ap Item No. 1~-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. McF~ll, 245 ~ast 4mb Street, New Yor~, NY 1~16 (by Gary ~lanner Olsen as attorney) for a Variance to the ~oning Ordinance, AfL III See. for permission to eonstruc~ one4amily dwelling from pre- existing eha~l with insuf- ficient rear yard setback at 7216 Great P~onie Bay Boule- vard, ~aurel, also ~nown as ~aurel Acres ~inor Subd. (Pieeione Minor Sub&) ~ap No. 124, ~ot 2; County Tax ~ap item No. of 1.3. 7:50 p.m. Application of Pa~ricia A. B~iley, ~R ~1, Box 114, Cutchogue, NY for a Var- lance to the ~oning Ordinance, Art. III, See. l~gl for ~rmis- sion to subdivide ~hree merged 1o~, and approval o~ insuf- ficient area of pro~ lot ~2; approval of i~uffieient front yard of propped lot ~ of said lo~ a~ 2155 S~u~ ~ane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of pr~ posed lot ~3 ~aees ~eslie Road, Cmehogue; bounded north by Nerone, Fieht, ~eCleery, bounded west by Bay Avenue~ bounded south by Maly, Priee,~ ~eslie Road, bounded east by Swiatoeha; Coumy Tax map item No. 1~4-11, 12, 8:05 p.m. Application of Gun,er Morehel, Nassau Point ~oad, Cutehogue, ~ (Swim~ King Pools, Route 25A, Roc~-y Point, ' ' 11778 as agent) for a Varia, to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Ct:t- chogue, NY; also known as Nassau Point Subd., Filed OF SUFFOLI(, Map//156, Lots 17, 18; County ~ ss: Tax Map Item No. 1000-111-9-3. F NI~--W YORK, j 8:20 p.m. Application of Warren A. Sambach, 173 Hill-. ~.. ~.'LI~./~I,¥~.Q~. being duly Sworn, side Avenue. Williston Park, - ............. NY 11596 for a Variance to the he is Printer and Publisher of the SUFFOLK Zoning Ordinance, Art. III ........ Sec. 100-31 & Sec. 100-36 for permission to construct addi- TIMES, a newspaper published ~xt Greenport, in said tion with insufficient side yard area and rear yard setback at nd thnt the notice, of which the annexed is a printed Dogwood Lane, East Marion, NY; also known as Gardiners: been published in the said Suffolk Weekly, Times Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map ~tch week, for .............. .o.n.e.. ......... weeks item No. 1000-37-1-9. 8:30 p.m. Application of ~ly commencing on the ...30.~]~ .................. Salvatore Caiola, 74 Irving Place, New York, NY 10003 .... (by Samuel J. Glickman as attorney) for a Variance to the .................. Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 before me this .]....5..0~.h.. for permission to amend Build- lng Permit //11152 Z, which was issued for storage build- lng, a permitted use Amend- ment to living unit is not permitted with an existin~ dwelling on premises without' a Variance. Location of pro. perry.: 49975 County Road 48; Southold, NY; bounded nortlr by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9; 12.2, 13.2. 8:45 p.m. Application of, Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach; NY 11978 for a Variance to~ Section 280A Subsection 3 of· the Town Law for approval access of Case's-Lane Exten-~ sion, Cutchogue; bounded~ north by Path Way, west by Fairway Farms, south by· Case's Lane Ext., east by~ Horn, Bouffler; County Tax' Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of. Northville Industries Corp.,' P.O. Box 111, Riverhead, NY~ 11901 for a Variance to the~ Zoning Ordinance, Art. III,' Sec. 100-30 (A & B) for permis-~ sion to use part of premises for' commercial docking and mooring with parking storage · area in an A Residential-Agri-~ cultural Zone. Location of pro-' perty: 610 Naugles Drive,' Mattituck, NY; bounded north~ by Petersen, Robinson, west by Naugles Road, south by~ McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGO.NIS, JR., CHAIRMA[q 1TJy30-3738 HELEN K DE VOE NOTARY PUBLIC, State of New York No, 4707J78, Suffolk Count¥~ 1'erin Exp,es March 30, 19_~,...~' Addendum to Legal Notice 8/6/81 Board of Appeals Regular Meeting On Monday, July 27, 1981, copies to: ~Donald C. DeLalla ~Margaret McGowan ~Gary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan ~Kenneth I. & Judy M. Mc Fall ~Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall .~Patricia Bailey · Mr. & Mrs. Gunter Morchel · Swim King Pools, as agent for Mr. & Mrs. Morchel ~'Mr. Warren A. Sambach ~Mr. Salvatore Caiola ~'Mr. Samuel J. Glickman, as attorney for Mr. Caiola ~Mr. Frederick T. Horn iNorthville Industries Corp. Z.B.A. members T.B. members Town Attorney Supervisor ~ ~'~ ~i ~ Town Clerk Bulletin Board Appeal Files Mr. & Mrs. Joel McElearney, owners of property of Nor~hville Ind. Corp. appli soUthold ToWn Board °f Appe ls MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN. JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER Joseph H. Sawicki N .Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2848 Application of: Donald C. DeLalla Location of Property in Question: 5545 Skunk Lane, Cutchogue, NY County Tax Map Item No. 1000- ~ 138-2-18 ,,: ,: ; f? ~ . Project Proposed by Appeal Application: To dock and moor two additional boats, not owned by the aPplicant, be- tween existing (4) pilings. 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 herein 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 applicant has obtained all necessary permits from the N.Y.S. Department of Environmental Conservat'ion, 'the Department of the Army Corps of Engineers, and the Board of Southold Town Trustees to install four pilings in Baldwin Creek, Little Peconic Bay, Cutchogue. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: July 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Applicant/Agent Town Clerk Bulletin Board ZBA file O O NEW YORK STATE DEPARTMENT OF EI~IRO~NTAL CONSERVATION Environmental Analysis Unit Building 40, S~Y .... Sto~y Brook, NY 11794 (516) 751-7900 A OOPY 0~ THIS ~RIZATION MUST BE AVA. Tr~RLR ON ~ SITE Bobert F. Flacke Comm~ ssioner Donald C. l~roJ la 102 Bay Avenue Cutdxx2ue, NY 11935 ~'6~L # 15276-0307 Dear Sir: TIDAL WETLANDS NOTIFICATION LETTER APPROVAL This is to inform you that we have reviewed the notification letter (or permit application) filed on 5/7/ 19 ?9 and have determined that it will not be necessary to file a permit application (or secure a tidal wetlands permit) to install 5 timber pilings in Baldwin Creek offshore of existing bulkhead at aboveaddress. Assuming. you have obtained all other necessary permits, you may proceed with your project adhering t~ the special conditions (if any) found on this letter. This letter also oonstitutes approval under Article 15 (Protection of Waters). Date Issued 12/31/81 Expiration Date cc: U.S. Army Corps of Engineers La~Enforceuent Date: my 14, 1979 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNIFORM PROCEDURES ACT 13408 Region No.: I Applicant: Donald De Lalla Office: Environmental Analysis - Stony Brook Amount: $ 10.00 Application Identification No,: TW Permit Type: Tidal Wetlands 15276-0307 Check [] Money Order [] Check or M.O. No,: 776 32-14-13 (9/77) DEPARTMENT REPRES~TATIVE Regional Permit Administrator TITLE RECEIPT BOARD OF SOUTHOLD TOWN TRUSTEES TOWN of SOUTHOLD SUFFOLK COUNTY, NEW YORK Title ........................................... SECRETARY Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO.. 1/~0.3 DATE: .0..c..t. 2, !979 Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "RECoULATINC= AND THE PLACINC= OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ~=RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 19..~7..9..., and in consideration of the sum of $ 5.,00 paid by Donald C. DeLalla of ....... ~.~9.~.e. N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: placement of an additional piling off private property of the applicant at Mud Creek to make total of four pilings at this location a all in accordance with the detailed specifications as presented in the originating application. by IN WITNESS WHEREOF, The said Board of Trustees here- causes its Corporate Seal fo be affixed, and these presents to subscribed by a majority of the said Board as of this dat,e. ...D.:~,~.~,.~. (, :...~.? ~ .'/Z: :,:: ....... TER S and GONDITIONS TbePmn~ Donald C. DeLalla 102 Bay Avenue, Cutchogue N.Y. ss pan of cbe considerstioa for the issuance of the Permit does understand ami ~ to the fol- lowinS: 1. That the said Board of Trustees and the Town of 5outhold are ~lmsed from say sad all damages, or claims fo~ a~,.ges, of suits arising'directly or indirectly ss a result of any oper- ation performed pursuant to this permit, and the s~d Permietee will ~t his or her own expense, defend any and all such suits initiated by third parties, and the said Peflnlttee assumes fall llthiHty with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for .a period of 12 mo~ wh~h ~- ~ to be the estimated time required to complete the work involved, but should citcun~ances warrant, request for an extension may be n~ie to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long ss tbe uid Pmnittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board o~ its agents, and non-compliance with the provisions of the originating application, nay be came for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a t~ult of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That i~ future operations of the Town of Southold require the removal and/or aleetatiom in the location of the work herein anthotlzed, or if, in the opinion of the Bnatd of Trustees, the work shah cause unreasonable obstrucnon to free navigation, the said Peflnittee will be required, upon due nodce, to remove or alter ~is work or project herein stated without expenses to the Towa of Southold. 8. That the said Board will be notified by the Permittee oz the cempledon of the work arab. orlzed. 9. That the Permittee will obtain all other permits and consents that may be required slap- plemental to this permit which may be subject to revoke upon failure to obtain same. Board Of $outhold Town Trustee SOUTHOLD, NEW YORK PERMIT NO ........ ~5~ ......... DATE: ...~..ay lO., .~979 ISSUED TO ......................... ...~....~a,,.l.~...D,..e,.~..l!.. a kulhorizalio Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and fha Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .M~y. I, ........ 19_.~.., and in consideration of fha sum of $ 5,..07 paid by Donald DeLalla of ........ .C..u...t..~..h.9..~...~. ............................................... N. Y. and subject to the Terms and Conditions llsfed on the reverse side hereof, of Soufhold Town Trustees authorizes and permits the following: placement of three spiles off private property of the applicant at Mud Creek all in accordance wlfh the detailed specifications as presented in the originating application. by IN WITNESS WHEREOF, The said Board of Trustees here- causes ~fs Corporate Seal fo be affixed, and these presents fo subscribed by a majority of the said Board as of this date. Trustees Donald DeLalla ~lh~ Cutchogue ~¥~m part~t~considernti~ f~ ~eissuance~ lowing: 1. Thsz the said Board of Tru~__,~s__ sad the Town of Southold sre relemed from f~y sad ~1 dmmgm, or ,-~.i,m_ for dmmses, of sub m'isinf direcdy or indirecdy ss. result of my oper- 2. That thia Pennit is valid for a period of . 12 mos. whichbcomidefedeobethe estimated tim,, required to c(xnplz~ the work involved, but should cireunmance8 wufrm~ request for an extension may be made to the Board at a later date. 3. That this Permit should be retained inddinitely, or as long as the said Pemdm~ wishes to maintain the stmctore or project involved, to provide evidence to anyone concerned that mah- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating applkation, may be came for revocation of thLq Permit by resolution of the said Board. 6. That there shall be no interference with the fight of the public to pass and zapata ~ the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Tmsme~ the work shall cause unreasonable obstrucnon to free navigation, the said Permittee will be require~ upon due notice, to remove or alter ~i_a work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee ot the completion of the wq~rk auth- orized. That the Permittee will obtain all other permits and consents that may be rmiulred sup. plemental to _this permit which may be subject to revoke upon failure to obtain same. O CORPS OF NOTICI[ OF AUTHORIZATION AUTHORIZATION TO ~:astalt three (3) piles ia T~tCtle ~Pecon[c Bay 19 79 AT Cutchogue, Suffolk County, New York HAS BEEN GRANTED TO Donald' C. DeI, slla ON 2I Jtme 19 79 ADDRESS OF AUTHORIZED PARTY [02 sa7 Awm~e Oatchogue, I~Y 11935 CLAKK H. ~B~N PERMIT NUMBER Inee~s 11052 NANY Form 187 j,,,?? THIS NOTICE MUST BE CONSP;UOUSLY OF WORK. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS A PERMIT TO NOTICE OF AUTHORIZATION 12 December 19 79 Install mooring pile in Baldwin Creek, Little Peconic Bay HAS BEEN ISSUED TO ADDRESS OF PERMITTEE PERMIT NUMBER Cutchogue, Suffolk County, New York Donald C. DeLalla 102 Bay Avenue Cutchogue, NY 11935 11245 ON 12 December1979 CLARK M. BENN Colonel, Corpe of Engineers THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED U THE SITE OF WORK. O .K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 June 30, 1981 TELEPHONE (516) 765-1801 TO' SouthOld Town Zoning Board o~ Appeals From' Judith T. Terry,.Town Clerk Transmitted herewith is Zoning Appeal No. 2848 application of Donald C. DeLalla for a special excePtion. Also included are notification to adjoining property owners, order to remedy violation from the building inspector, short environmental assessment form, and wetland questionnaire. JTT/~n Town Clerk Enclosures Donald C. De Lalla 102 Bay Avenue Cutchogue. New York 11935 ~d t SHORT ENVIRONMENTAL ASSESSIAENT .FORM ]N~TR~dT!ONS: . · -- (o) 11~ order to answer the questions in th ~hort EAF it is assumed fh~{ the preparer ~'~ill use currently available information concerning the project and the likely impacts of the action. 'It is not expected that additional studies~ research or other investigat£ons will be undertaken. (b) I£ any question has been answered Yes the project may be significant and o completed Environmental Assessment Fo~m is necessary. (c) I£ all questions have been answered No it is likely that this project is not s~gniFicant. (dj E~vironmental Assessment ~. W±11 project result'in a large physical change to the project'site or phys£cally alter more 'Y' '.~No" than 10 acres o£; land? ........................ es 2. W~ll there'be a major change to any un~que or -unusual land form found on the site? .......... ._Yes.~/N° 3. ~'till project alter or have a large· effect on existing body of water? ......... '.., ..... ' ...... : ~. 4.. Will project hove a potentially large impact , y ...-_/" on groundwater quality? ....................... _ es ..... I,,M'N° 5. ~'/ill project slgnificontly, effect drainage. . flow on adjacent sites? ...................... ;.... Yes 6. %~ill project affect any threatened or _/- . endon Ye~.~"No . We 14. · population of more thom 5 percegt over o one year period or hove o major.negative effec~ on the chore%tar of the community or neighborhood?... .............................. 15. Is there public confroversy concerning' the project? ...................................... .. PREPARER'S SI~NAIU'RE~ REPRESENTING gered plant or animal species? ........... Will project result in a major adverse effect .y-s./e ~"No ~'Iill project have a major elf cc% on visual " character of the community or scenic views or. ,~../~,~ vistas kno%~n to-be imporlont to the community?. -Yes_ %.;ill project adversely impact .any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo %Vill project hove a major effect on existihg or fufure recreational opportunities? ......... Yes %~ill project result in .major froffi'c problems or. cause a major effect to ex-i'stlng transportation systems? ....................... Ye %';ill project .regularly cause objectionable' odors, noise, glare, vibration, or electrical. ' . disturbance as a result of the project's operation?.. ' ' ' . · · 'Yes J/No' safety?' ~ill project affect the existing community by ' directly causing o growih in permanent Yes /No To: Re: ~y' ' s bate/ 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 in 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 atl least 100 feet in length.* ! ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge ~ of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wali 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 not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of tO the Board of Appeals of the Town of Southold., YOU ARE HEREB~GIVEN NOTICE: 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) (Speci xception) (Spe~cial Permit) (~the following ~c~.~ ~ relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject~of su,ch Petition is located in the following zonin~ district: /_.~.~.~4. That.by such Petition1. the undersigned will request the following r,elief'~-~'~r..~ 5. That the provisions of the Southold Towl~Zoning Code applicable to the relief sought by the under- signed are: ~--~. ~7~ _,,~:~z~../~ ~9 ~ ~) ~-/~-~ --~;~.. 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. 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 i~n~the Suffolk Times and in the Longlsland Traveler-Mattituck Watchman, newspapers published in the Town of Sout'hold anid designated for tl~e publication of such notices; that you or your representatiVe have the right to appear and be heard at such hearing. Petitione'r NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ' _ be' g ¥ worn, depo es and says that on the of ___~_~__fd..~,~~__ ' .,19 _~c/___~deponent mailed a true copy of the Notice set forth On verse side,hereo ove-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 assess~ent roll of the Town,of Soutl~okl; that said Notices were mailed at the United States Post Of- fice at -~ ...~ o [~ /~f ~'/_ ; that said Notices were mailed to each of said persons by (certified) (regist~-~e~) ~ail. Sworn t~ me this ~ ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk County Term Expires March 30, 1_9~.~,- O SENDER: Comple~ items 1, Add yotu add~e~ in 1. ~e foHo~g ~ce Is requested (~eck ~e.) ~ ~ow m ~ ~d date d~ivere~ ~ .......... ~ Sh~ to ~, date ~d addro~ of ~ ~T~CT~ DEL~ERY S~ to ~ ~d ~te delive~O ............. ~ ~T~CTED DELWERY. ~ow to ~, date, ~d addr~ of del~.$ (CONSULT ~S~TER FOR FEES) 2. ARTICLE ADDR~ED TO: (Alwa~ obtain slgna~re of ~dr~ ~ a~nt) ---  I have feces'ed ~¢ a~cle de~gbed able 6. UNABLE TO DELIVER BECA~: 1979-000-459 £ENDER: Compl~t~ Items 1, 2, and 3. ~ to wh~ ~td ~te d~iwxe~ ............ Show to wh~, ~e ~d nddr~ of ~TR{~ DE~ERY .. gh~ to ~ ~d date deliver~ ......... ~~D DE~ERY. ~ow to whm, date, ~d addrem ~f de~'e~.$~ (CONSULT ~,t~R FOR FE~) A~LE ADORNED TO: AR~LE DE~RI~ION: UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. · Complete items 1, 2. and 3 on the revar~ · Attach to front of article if space permits, othenvbe affix to back of article. Endorse article 'Return Receipt Requested' edjec~nt to number. RETURN TO PENALTY FOR PR~ATE USE TO AVOID PAYMENT OF POSTAGE,$300 (Street or P.O. Box) (a~,s~,~ ~) " . uNITED STATES POS SENDER INSTRUCTIO~.S O ~f~ ~ e ~d--- and ZtP Cod~ in ~~. Print your nam, · Comple~ i~ms 1, ~ and 3 on ~do~ ~le 'R~m R~ipt advent ~ RETURN TO / ,/ July 22,1981 ~rs.Joseph G.Hataier,Chairman Southold Board of Trustees Southold,N.Y. Dear r'~rs.Hataier: This letteris to express my opposition to the issuance of a permit to Mr. Donald C.DeLalla of Skunk Lane, Cutchogue to erect three or more spiles for mooring boats in Mud Creek, Cutchogue. These poles and the subsequent boats protruding into the creek will create a menace to navigation especially at night. The creek is filling in and the channel is getting narrow. Furthermore the parking of many cars on the West side of Skunk Lane will cause a traffic problem. The road is very busy in the Summertime especially on weekends. There is very little land West of the road so the cars will be parked partly on Town property. ~ ~ The creek is a fragil~ nursery Of many forms of sea life especially as it is adjacent to manyl vital wetlands including the common meadowlands and the six acre Mud Creek Nature Conservancy sanctuary. People spending nights and weekends on these boats will Cause undeniable pollution. The running of large motors at the dock causes much noise in the quiet residential neighborhood ~ now and this will be increaEsed by the additional boats the new poles will allow. There is a definate commercial aspect to this venture as noone spends the money for docks, piling, lights and bubble systems unless they intend to profit by it. No one family needs more than one large boat. Last Winter three large boats were ~ kept in Mr. DeLalla's side yard. Will there be six. or seven boats there next Winter? I dont belSeve that several of the boats presently kept in ~ud Creek in front of ~r. DeLalla's house are owned by his family or local people. The simple, rural nature of-our creek will be spoiled forever if this ambitious project is allowed. sincerely, BOARD)( ISTEES Telephone 516-765-1938 11971 July 27, 1981 Mr. Donald DeLalla 102 Bay Avenue Cutchogue, N. Y. Dear Mr. DeLalla: The Board of Trustees would like to bring to your attention that your mooring permits allow only three private recreational boats to be moored at your site. The mooring of anymore boats or the accepting of fees for mooring is in violation of your permits. If such is the case, your permits will be revoked. Yours~truly, Anna To Hataier, President Southold Town Trustees § 100-30 ZONING § 100-30 from any lot line, and any such building, tent, activity area or recreation facility shall be ef- fectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (8) Labor camps, farm and nonfarm, subject to the following requirements: (a) All farm labor camps on farms shall be con- structed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Board of Appeals. Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements:7 (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. ? Editor's Note: See also Ch. 32, Boats, Docks and Wharves. 10023 105 Bay Avenue Outcbo~ue,. Ne~ York. 119]~ July 27, 1981 Board of Trust3es Town of $outbold $outhold To'~m Hall Soutbold, N,Y. 11971 Gentlem~n: I am interested in obtaining c!arificatio'.,.~ of the to;~ ordinance ~,hich covers tbs number of boats' ,~.rbicb may be pCr%'ed at a private residential dock in the tc~.;n of Soutbold. I have heard * ~ ~h,~ limit 'is thr~, ho~.~ever, I ~,..,ould like t° kno,,~r if thsre is a limit based on the size of the dock and/or based on the size of the boats. Pleas~ advise me as to these poi~,~.~lsoflndio~te the section, and n~mber of the town ordinance ;,~ich' Cgh~ins these, restrictions,. Very truly yours, · 124' ~0 SEE INSERT "A" SEE INSERT "B" SEE INSERT "C" KEY,.~' (~ COUNTY OF SUFFOLK ,03 Ioo o ,oo 200 Real Property Tax Service Agency 138 IO4 bLAt[' IN [ L~ 'l County Center ,03 Riverhead, L. I., New York