HomeMy WebLinkAbout3611 Z--S i CP 1�4/mod i✓L}
w
r70
o
s �
Southold TownBoard ®f A eals
pp
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3611
Application Dated January 29 , 1987
TO: -Patricia C. Moore , Esq .
Edson & Bruer
as Attorneys for MR. AND MRS . RAYMOND KERESTER
.Main Road
Southold , NY 11971
At a Meeting of the Zoning Board of Appeals held on April 23 , 1987 ,
the above appeal was considered, and the action indicated below was taken
on your
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ X],-%I Request for Variance to the Zoning Ordinance
Article III ,. Section 100-31 , Bulk Schedule
[ .] Request for
.Application of - RAYMOND AND ELEANOR KERESTER for a Variance to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for
approval of insufficient lot width of three parcels , each containing
4. 6± acres ; in this pending minor subdivision . Location of Property :
West Side of Pradise Point Road and north side of North Bayview Road ,
Southold , NY ;, County 'Tax Map Parcel No . . 1000-81 - 1 -25 .
WHEREAS , a public hearing was held on March 5 , 1987 and April 2 ,
1987 , at which time the hearing was concluded , in the Matter of the
Application of 'RAYMOND 'AND ELEANOR KERESTER , Application No . 3611 ; and
WHEREAS , at said hearing all those who desired to be heard were
heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its. present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is a described parcel of land con-
taining a total area of 13 . 85 acres which extends from the north
side of North Bayview Road and the west side of Paradise Point
Road , Southold , Town of Southold , and is more particularly desig-
nated on the Suffolk County Tax Maps as District 1000 , Section
81 , Block 1 , Lot 25 . The entire premises is vacant at this time .
2 . By this application , appellants request a Variance from
the Provisions of Article III , Section 100-31 , Bulk Schedule of
the -Zoning Code , for approval of: (a ) the insufficient lot width
of proposed Lot No . 1 of 150 feet ; (b) the insufficient lot
width of proposed Lot No . 2 of 150 feet , and (c ) the insufficient
lot width of proposed Lot No . 3 of 150 feet , and frontage along
North Bayview Road of 169. 42 feet . Lot No . 3 as proposed is a
corner lot as defined by Section 100-13-Definitions of the Zoning
Code .
DATED: Ap.r.i.1 ' 23 ,., '1987 . H� AIRMAN, SOUTHOLD TO ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81
Page 2 - Appeal No . 1
Matter if RAYMOND AN[ LEANOR KERESTER
Decision Rendered April 23 , 1987 .
3 . Each of the parcels as proposed will contain a minimum
lot area of 4 . 5 acres ( inclusive of right-of-way and low contour
areas ) , and new construction will be regulated by Column A-80 of
the Zoning Code . .
4. Records show that the subject 13 . 85-acre parcel is owned
by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310
cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated
October 9 , 1970 ) .
5 . The amount of relief requested as to the lot width of
each proposed parcel is 25 feet, or. 14% of the requirements .
6 . It is' noted for the record that : (a ) Permit #10-86- 1817
was issued January 2 ,., 1987 by the N . Y . S . Department of Environ-
mental Conservation concerning this subdivision ; however , any
proposed development will need an additional application to
and approved by the NN . Y . S . D. E . C . Bureau. of Marine Habitat
Protection ; (b) an application for subdivision approval is
pending with the Southold Town Planning Board , whose preliminary
comments were received February 11 , 1987 ; (c ) approval was
received December 16 , 1986 from the Suffolk County Department
of Health Services concerning this subdivision .
7 . It should be understood that the actual "building
envelopes " as shown on the survey plan amended April 2 , 1987
are not part of the approval in this variance application and
therefore is not to be automatically considered acceptable
building areas . One of the main concerns in these areas is
full protection of the wetland and pond areas , and the
position of the right-of-way to Lots 1 and 2 should be
located in an.- area d.istant:f.r6m :wetland .areas .
In considering this appeal. , the board also finds and
determines : (a ) the percentage of relief requested is not
substantial in relation to the requirements ; (b) the circum-
stances of the property are unique ; (c ) there will not be
a substantial change in the character of. the neighborhood ;
(d ) the relief requested is not unreasonable and there is
no other method feasible for- appellants to pursue other than
a variance ; (e ) the safety , health , welfare , comfort ,
convenience and order of the Town will not be adversely
affected by the grant of this variance ; (f) in view of the
manner in which the difficulties arose and in considering all
the above factors , the interests of justice will be served by
allowing the variance , as conditionally noted below .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , to GRANT a Variance from the Provisions of
Article III , Section 100-31 , Bulk Schedule , of the Zoning
Code for the insufficient lot width of proposed Parcels 1 ,
2 and 3 at 150 feet , as shown by plan amended April 2 , 1987
by Roderick VanTuyl , P . C . in the Matter of RAYMOND KERESTER ,
Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . No disturbance of any freshwater or saltwater wetlands
or wetland grasses defined by Chapter 97 ( 13 ) of the Town Code ,
for road construction , development , or any other activities ;
2 . No lot- line changes or adjustments without formal
applications to the Board of Appeals and the Planning Board .
3 . This variance is temporary for a maximum period of
two years , EXCEPT where the pending division of land has been
finalized by all involved agencies and the parcels have been
transferred by deed or other legal document to reflect the
subdivision lot lines accordingly .
`-4.' ,`-'Planning Board Subdivision and 280-a Approvals .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was absent . ) This
resolution was duly adopted .
lk
a.
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the
Town Law and the Code of the Town of Southold , the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall ,,,, Main Road , Southold , NY
at a Regular Meeting ;. T.HURSDAY , MARCH '5 ,' '1,987 at the following
times :
7 : 35 p .m. Appeal No . 3590 - THOMAS AND CATHERINE ZIMMERMAN
(Recessed from 2/5/87 )-. Addition to nonconforming dwelling
structure exceeding 50% of fair value . 265 Rochelle Place ,-
Mattituck , NY; 1000-144-04-9 & 8.
7 :40 p .m. Appeal ' No . 3603 - JAMES CROSS. Variance !to the - -
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule ,
for approval of insufficient lot area (78 ,408 sq . ft. ) of
parcel proposed to 'be set-off--in . this pending division of
land . - Location of Property : North Side of Main Road ,
Cutchogue , NY; County .Tax Map District 1000 , Section 109 ,
Block 1 , Lot --8. 5 .
7 : 45 p .m. Appl . No . . 3610 .. - CAROL A. BARTHOLOMEW. Special
Exception to the Zoning Ordinance for permission to establish
"Bed and Breakfast" use , incidential and subordinate to the
proposed single-family dwelling use , in accordance with the
requirements of Article III-, Section 100-30 (B) [16] . Location
of Property :-- 7015 Wickham Avenue , Mattituck , NY ; County Tax
Map District 1000 , Section 107 , Block 5 , Lot 4. --
7 : 50• p .m. Appeal No . 3612 - PHILIP AND ELLEN BELLOMO .
Variance to the Zoning Ordinance , Article XI , Section 100-119. 2
for permission to construct addition at--rear of dwelling with
an insufficient setback from wetlands along Great Pond at 7455
Soundview. Avenue , South'old , NY ; County Tax Map District 1000 ,
Section 59, Block 6 , Lot 8 .
8 :00' p .m. Appeal No . 3511 - KAPEtL REAL ESTATE INC . and
LIMPET CORP . Variances to the Zoning Ordinance , Article III ,
Section 100-31 , Bulk Schedule for approval of insufficient
(1 .) lot area , (2 ) lot width , (3 ) lot depth of ,two parcels
in this pending division of land . Location. of - Property :
Linett and Brown Streets , Greenport ; Greenport Driving Park
Map , Lots 16 and 65 ; County Tax .Map District 1000 , Section
48 , Block 3 , Lot 25 . 1 .
a i
J'
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - March 5 , 1987
8 :05 p .m. Appeal No . 3608 - RICHARD F. MULLEN , JR . Variance
to the Zoning Ordinance , Article XI , Section 100-112 ( I ) for per-
mission to utilize subject premises for a paved parking area - for
the employees of Mullen Motors , an established business abutting
this parcel along the north .side . . Zone Districts : Partly "A"
Residential and Agricultural and " B-1 " General Business . -Location
of Property : East- Side of Cottage Pl-ace , Southold , NY ; County
Tax Map District 1000 , Section 62 , Block 3 , Lot 19 .
8 : 10 p . m. Appeal No . 3592 -. BENTE SNELLENBURG . Variances
to the Zoning Ordinance , Articles : (1 ) XI , Section 100-119. 1 (B )
for approval of eight- foot -height of fencing along the easterly
property line a length -of 72± feet ; (2 ) XII , Section 100-141 ;
Appealing the November 6 , 1986 Order to Remedy Violation which
mandates a building permit -for new- fencing along the easterly
property line . Location of Property : Private right-of-way
extending off of the east side of South Harbor Road known as
Private Road No . 10 , or Old Woods Path , Southold , NY ; County
Tax Map Parcel No :- 1000-87-2-21 .
8 : 20 p.m. Appeal No . 3611 - RAYMOND AND ELEANOR KERESTER .
Variance to the Zoning Ordinance ,. Article III , Section 100- 31 ;
Bulk Schedule. for approval of insufficient lot width of three
parcels , 'each ' containing 4. 6± acres ; in this pending minor
subdivision . Location of Property : West side of Paradise
Point . Road and north side of North Bayview Road , Southold , NY ;
County Tax Map Parcel No . 1000-81 -1 -25 .
The Board of Appeals will hear at said time and place all
persons or representatives de_.siring to be heard 'in each of the
above matters . Each hearing will not start before the time
allotted . Written comments . may _be submitted prior to the-
conclusion .of the subject hearing . For more information , please
call 765-1809.
Dated : February 23 , 1987 . BY ORDER OF THE SOUTHOLD TOWN
BOARDOF APPEALS
GERARD P . GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
----------------------------------------------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
r. SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
FileNo. . . . . . . . . . . . . . ./. . . . . . . . . . . . . . . Date . . . . . . . . . . . .. 19
r
To
.1?7 . . . . . . . . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . . . . . . .. 19
for perniit to er ct . . '� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property .u.I N !�tS. . . . . . . ' . . .U . . .
House No. St9eet Hamlet
County Tax Map No. 1000 Section . . .Q�.$ J. . . . . . Block . . . .® . . . . . . . I.ot . .� �. . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds
� . �. ... ►�,�., .lam . . . . . ., .�. . . ,
. . �,�, ►. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r
i
Building Inspector
RV 1/80
RECEIT
JAN-29 1987 TOWN OF SOUTHOLD, NEW YORK
Towle CWW FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE 1/21?/87
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) .......RAYMOND.KEPESTER ............... .......of ......21 ORIOLE.AVENUE
.... .....................................
.....
Name of Appellant Street and Number
........BRorDCVI=........ ... .. ..................................... .....N:Y= ..............HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
TO. SUBDIVIDE /6 87
APPLICATION FOR PERMIT .....R�i XTW� ................ DATED ..............1MM7.............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Rudolph Bruer a/c .Eleanor M. Kerester
.... .........................................
Name of Appl.icant for permit
of Main Road, Southold, N.Y.
................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ). PERMIT FOR.00CUPANCY
(X) PERMIT TO SUB-DIVIDE PROPERTY .
1. LOCATION OF THE PROPERTY 11535 North B iew Road ....."A"-Re. siden tial./Agric u ltural
... Street .D.s tr.c.t o n...Z..o.n.in.g .Ma. p
Eleanor M. Kerester
SCTM# 10007081-01-025 .....Current Owner Jamal Manassah
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
'Article III, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
( X) A-VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap-. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal Ilcol (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance .
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that
Appellant desires to subdivide this 13.85 acre parcel to create three 4.6± acre
lots with insufficient width.
Form zB1 (Continue on other side)
a
REASON FOR APPEAL Continued '
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unrieces=' `
spry HARDSHIP because
Appellant would be unable to subdivide the property as proposed . Any
alternative configuration of three (or more ) lots on this parcel would
necessitate extensive road construction and impose a financial
hardship upon your Appellant.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
The dimensions of the property make this hardship unique . Although
the existing parcel contains 13 . 85 acres, it is only 450 feet wide .
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE. DISTRICT because
Appellant desires to conserve open space by proposing the .creation of
only three building lots on this parcel, thereby enhancing the
character of the district, as well as observing the spirit of. the
ordinance. This parcel could conceivably, and in accordance with
current zoning, support up to twice the number of building lots
proposed, without the need for a zoning variance. Such a proposal
would effectively increase both density and demands on ground water
supplies, while depleting available open space.
STATE OF NEW YORK )
ss ........ .%. .... .........
COUNTY OF SUFFOLK ) Signature
Sworn to this ..............28th....................... day of............January............................. 19 87
. .�
........................ ...........
Notary Public
MARY DIANA FOSTER
NOTARY PUBLIC, state of New York
No. 52-4655242, suffoi!( County
Commission Expires March 30, 138:?
TOWN OF SOUTHOLD PROPERTY RECORD CAR®
/0 da - / - /_- 2
-OWNER STREET VILLAGE DIST.1 SUB. LOT
AV
FORMER OWNER UC O .BR� E . ACR. s
S
TYPE OF BUILDING
�oRS
.�e-4 n'o a. Al. J�e.P�s'l� — /Y0, v.4jf[1;F419D •�1. P� �,
RES. SEAS. VL. s�3 FARM COMM. CB. MILS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
L�
46 _
�Z S�c+. D GO .� 9�/Q .rs�E• c� J/1�eiP� �P -�o— /F R�9L. �/1�19S 9
}
AGE BUILDING CONDITION 9
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
3 a .s o
Tillable FRONTAGE ON WATER �� l
Woodland FRONTAGE ON ROAD
Meadowland DEPTH �3 House Plot• BULKHEAD
Total DOCK
RECEIVED 'BY
:
$ ®C/ SOUTHOLD TOWN;PLANNING
G BOARD
��j
a U
a � HENRY P. SMITH, President DATE
1 JOHN M. BREDEMEYER, Vice-Pres. Ln �, ,� .',�., ,-p�y TELEPHONE
PHILLIP J. GOUBEAUD (516) 765-1892
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN r
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD _
Town Hall, 53095 Main Road _
P.O. Box 728
Southold, New York 11971
September 30, 1987
Mrs. Patricia C. Moore
Edson & Bruer
Attorneys At Law
Main Road
Southold, New York 11971
RE: 1000-81-1-25
Raymond Kerester, Southold
Dear Mrs. Moore:-
The following action was taken by the Board of Town Trustees during
their regular meeting held on September 24, 1987 regarding the above matter.
RESOLVED that the Southold Town Trustees RESCIND their prior recommendation
made to the Planning Board, dated August 27, 1987 regarding the Raymond
Kerester subdivision proposal as submitted by Patricia C. Moore,. Attorney and
the Trustees recommend that all activity on the property be out of their
jurisdiction-as- defined by Chapter 97 (13) of the Town Code.
Very truly yours,-
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Planning Board
file
ti
�FFo�
o �►
SoutholdTown hoard of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI May 20 , 1987
Rudolph H. Bruer , Esq .
Edson and Bruer
Main Road
Southold , NY 11971
Re : Appeal No. 3611 - Raymond Kerester (Variances )
Dear Rudy :
This letter is in response to your recent correspondence
concerning the above matter and this Bo.ard ' s conditional
approval rendered April 23 , 1987 .
Condition No . 1 of the Board ' s April 23 , 1987 decision
is meant to protect all saltwater and freshwater wetlands
in all respects .
If you have applications pending or proposed , it is
imperative that all freshwater.. and saltwater areas be depicted
on the survey or pla.n .to determine whether the areas of
construction , roadway , excavation , etc . will be affecting
these wetland areas . Additional reviews will be necessary
if the wetland areas are disturbed in any manner (as well
as any other environmental agency or department having . .
jurisdiction ) by subsequent applications .
The application reviewed under Appeal No . 3611 did not
directly request disturbance to _wetland areas or insufficient
setbacks and was an application dealing with lot width . The
application also did not include wetland areas which may be
affected by proposed construction , etc . and therefore is
limited .
Page 2 - May 20 , 1987
Matter of Reymond Kerester - Appeal No . 3611
To : Rudolph H . Bruer , Esq .
A copy of this letter is being transmitted to the Planning
Board as requested .
Yours very trul
GERARD P . GOEHRINGE
CHAIRMAN
lk
cc : Planning Board
Building Department
r '
P 1` NI;NG B H' D
T SOU., "LD
,_.a
S _ !, Y
Southold, N.Y. 11971
(516) 765-1938
May 26, 1987
Mr. Rudy Bruer, Esq.
Attorney at Law
Main Road,
Southold, NY 11971
RE: Raymond and Eleanor Kerester
Dear Mr. Bruer_:
Please let this confirm the following discussion with regard
to the above mentioned subdivision at the Monday, May 11, 1987
meeting.
The Planning Board will conduct a field inspection of the
property prior to any further review or action. Would you please
submit a survey with the wetland grasses which we understand you
had prepared for the Board of Appeals.
This subdivision will be referred to the Town Trustees for
their input with regard to this proposal.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD
TOWN PLANNING BOARD
By Diane M. Schultze, Secretary .
cc: TZ
Trustees
oar of Appeals
1
COUNTY OF SUFFOLK
g�
a
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KoPPELMAN .
DIRECTOR OF PLANNING
360-5206
/4. 6
May 6, 1987
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following application(s) 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(s) Municipal File Number(s)
/Raymond & Eleanor Kerester 3611
Sukru Ilgin & Others 3618
Very truly yours,
Lee E. Koppelman
Y Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,LA.NEW YORK 1 176a
(516)360-5192
FFOCk��
z
Southold Town Board, of .A eats
PP
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
. Pursuant to Article XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York , hereby refers
the. following to the Suffolk County Planning Commission :
xx Variance from the Zoning Code , Article III , Section 100-31,Bulk Schedul(
Variance from Determination of Southold Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No . : 3611 Applicant : Mr. and Mrs. Raymond Kerester
Location of Affected Land : W/s Paradise Point Rd.N/s North Bayview Rd,Southolc
County Tax Map Item No . : 1000- 81-1-25
Within 500 feet of :
Town or Village Boundary Line
xx Body of Water (Bay , Sound or Estuary)
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State . or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream . or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
approval of
COMMENTS : Applicant is requesting p jx5cx &,qx insuffidient lot width
of three parcels, each containing 4. 6 acres in this- pending—minor sub-
division
Copies of Town file and related documents enclosed for your review.
Dated : May 7, 1987
/- 9� ATTORNEYS AT LAW
/q f�Y'.1 jr:t �J ,.. 4 MAIN ROAD _
[/ (( / SOUTHOLD,NEWYORK 11971 G
LEFFERTS P. EDSON - / �` 5 / I� (��
(5 1 6)765- 500
RUDOLPH H. BRUER
(S 1 6)765-2500
. May 5 , 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York. 11971
Re: Subdivision for Raymond Kerester
Southold, N.Y .
Dear Sirs:
Thank you for your action of 4/23/87 (a copy of which is enclosed) .
With regard to Condition #1 of your approval , I feel a definition of
"no disturbance" is required. Unless I hear from you to the contrary,
I will assume that this means that my client cannot erect a structure.
I will also assume that this does not prohibit the owner, or any
future owner, from transversing his property.
Sincerely,
aa 1?1
Rudolph Bruer
RHB/df
Enc.
cc: Mr . and Mrs. Raymond J. Kerester
Page....2 Appeal No . Ir-11
Metter if RAYMOND Al ELEANOR KERESTER
Decis4on Rendered April 23 , 1987
3 . Each of the parcels as proposed will contain a minimum
lot area of 4. 5 acres ( inclusive of right-of-way and low contour
..'areas-) , and new construction will be regulated by Column A-80 of
the Zoning Code .
4. Records show that the subject 13. 85-acre parcel is owned
by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310
cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 ,. dated
October 9 , 1970 ) .
5 . The amount of relief requested as to the lot width of
each proposed parcel is 25 feet, or. 14% of the requirements .
6 . It is noted for the record that: .(a) Permit #10-86- 1817
Sias issued January 2 ,.. 1987 by the N . Y . S . Department of Environ-
'. mental Conservation concerning this subdivision ; however , any
proposed development will need an additional application to
approved by the NN . Y . S . D. E . C . Bureau of Marine Habitat
Protection ; (b) an application for subdivision approval is
.' pending with the Southold Town Planning Board , whose preliminary
comments were received February 11 , 1987 ; (c ) approval was
received December 16 , 1986 from the Suffolk County Department
of Health Services concerning this subdivision.
7 . It should be understood that the actual "building
envelopes" as shown on the survey plan amended April 2 , 1987
"'`; are not part of the approval in this variance application and
therefore is not to be automatically considered acceptable
building areas . One of the main concerns in these areas is
full protection of the wetland and pond areas , and the
position of the right-of-way to Lots 1 and-'.2 should be
.. located in an . area distant from wetland .areas .
In considering this appeal , the .board also finds and
determines : . (a ) the percentage of relief requested is not
ubst.antial .in relation to the requiremenl .s ; (b) the circum-
stances of the property are unique ; . (c ) `there will not be
. a substantial change in the character of .the neighborhood ;
(d ) the relief requested is not unreasonable and there is
no other method feasible for appellants to.�' p'ursue other than
a variance ; (e ) the safety , health , welfare , comfort ,
convenience and order of the Town will not ' be adversely
affected by the grant of this variance ; (f) in view of the
manner in which the difficulties arose and in considering all
the above factors , the interests of justice . will be served by
allowing the variance , as conditionally noted below .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , to GRANT a Variance from the Provisions of
Article III , Section 100-31 , Bulk Schedule , of the Zoning
Code for the insufficient lot width of proposed Parcels 1 ,
2 and 3 at 150 feet , as shown by plan amended April 2 , 1987
:,. by Roderick VanTuyl , P . C . in the Matter of;UYMOND KERESTER ,
Application No . 3611 , SUBJECT TO THE:.FOLLOWING CONDITIONS :
1 . No disturbance of any freshwater or saltwater wetlands
or wetland grasses defined by Chapter 97 ( 13) .of the Town •' Code ,
for road construction , development , or any other activities ;
2. No lot- line changes ,or adjustments without formal
applications to the Board of Appeals and the Planning Board .
3 . This variance is temporary for a maximum period of
, two years , EXCEPT where the pending division of land has been
; finalized by all involved agencies and the parcels have been
transferred by deed or other legal document to reflect the
subdivision lot lines accordingly .
4. `'P.l anriiing Board Subdivision and 280-a Approvals .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was absent . ) This
resolution was duly adopted .
lk
r
*,A
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRING.ER, CHAIRMAN _ .. ....... .... ..
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI April 29 , 1987
Patricia C. Moore , Esq .
Edson & Bruer
Main Road
Southold , NY 11971
Re : Appeal No . 3611 - Raymond Kerester (Variances )
Dear Pat :
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered..
by the Board of Appeals , the original of which has this date
been filed with the Office of the Town Clerk. -
If this project involves an application with the Planning
Board , please be sure to return to their office for further
processing. A copy of this determination is simultaneously
being furnished to their office .
In any event , ,p1e%&s:e to sure to return to the Building
Department for issuance of any permits or . other approvals in,
writing as may be applicable .
Please do no-t hesitate to call either our office (765-1809 )
or that of the Building Inspec*.t,or (765-1802 ) if you have any
questions.
Yours very truly ,
GERARD P . GOEHR'INGER
Enclosure CHAIRMAN
Copy of Decision to :
Building Department By Linda Kowalski
Planning Board
Suffolk County Planning Commission
A
COUNTY OF SUFFOLK - y
0Gam , 9����;�
3 h� 4j
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
br
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.M.D..M.P.H.
COMMISSIONER
February 24 , 1987
Mr. Bennett Orlowski
Southold Town Planning Board
Town Hall
Southold, .New York 11971
Re: Subdivision Application of Raymond Kerester
S.C.T.M. #1000-81 -1-25
Dear Mr. Orlowski:
The Suffolk County Department of Health Services (SCDHS )
has received your letter of January 22, 1987 regarding the
above-referenced application and has no objection to your
: designation as lead agency.
We have reviewed the information provided with your letter
and submit the following comments regarding Sanitary Code
compliance and natural resources concerns .
I . Sanitary Code
An application for realty subdivision was .filed with this
agency and was approved on December 16 , 1986 . This approval
certifies that the proposed arrangements for water supply and
sewage disposal conform with the requirements of the SCDHS
Sanitary Code for a total of three lots on the subject site.
Realty subdivision approval is .not an. approval for the
construction of an individual sanitary system or water supply.
Individual lot approval is required from the Health Department
prior to the construction of any sanitary or water supply system
within this subdivision.
V L\
' COUNTY,CENTER �(,,` • •w 1 3.,3• f,
RIVERHEA D.N.Y. 11901
L Q
2 .
II. Natural Resources
On February 5, 1987 Office of Ecology staff conducted a
field inspection of the subject parcel . We provide the
following comments as a result of this investigation.
A. Freshwater Wetlands
A small freshwater kettle pond is located at the south
.western corner of the site. Standing water appears to conform
with the zero to 5-foot contour line indicated on the property
survey. A fringe of wetland vegetation, including red maple
(Acer rubrum) and swamp azalea (Rhododendron, viscos.um) , appears
to conform with the 5-to-10-foot contour line on the south side
of the pond. , The wetland limit is less distinct on the north
side of the pond.
The pond functions as a natural retention and recharge
basin, accomodating drainage from much of the southern portion
of the subject property and adjoining property to the west.
Moreover, the pond and adjacent vegetative cover provide a
source of z protected fresh water which is valuable to local
wildlife. In addition to drinking water and bathing areas
(which are important to songbirds ) , the wetland enhances the
collective species richness of the site by 'providing habitat for
freshwater-dependent species ( including amphibians and aquatic
insects ) .
We recommend that the wetland be delineated and protected
from potential development impacts including: clearing;
construction; erosion; excavation and filling, as well as
sedimentation associated with the alteration of natural drainage
patterns . In addition, vehicular access to any lot should not
traverse any portion of :the delineated wetland. We support the
full protection of this wetland and encourage the use of
setbacks, protective easements and a combined access subdivision
design to- achieve this protection.
B. Tidal Wetlands
A tidal wetland trough associated with Southold Bay is
located along the northeastern portion of the site. The wetland
appears to conform to the 5-foot contour line and extends in a
southwesterly direction across central portions of lot #2 .
According' to the DEC these tidal wetlands are indicated on
New York State Tidal Wetlands Map #718-_` 46 . As such, develop-
ment in and adjacent to the tidal wetland is subject to Article
25 (Tidal Wetlands Act) regulations .
e ..1
" • 3 .
All tidal wetland boundaries should be approved by DEC and
indicated on survey of this site. In addition, we recommend
that building envelopes be reevaluated for consistency with the
State 's tidal wetland land-use regulations .
III. Conclusions
The subject parcel has been granted subdivision approval by
SCDHS and will require individual approval for construction of
sanitary and water supply systems on each lot.
The site contains an undisturbed freshwater kettle which
provides several natural resource values to the area. The site
also contains State-regulated tidal wetlands . Improper develop-
ment of this parcel could reduce the benefits of both wetland
systems .
We :..recommend, therefore, that the applicant ' provide
information regarding the following concerns :
1 . DEC-approved delineation of all freshwater and tidal
wetland boundaries
2 . Discussion of freshwater wetland protection, erosion,
sediment control
3 . Proposed acess to lots #1 and #2
4 . Adequacy of the proposed building envelope on lot #2 in
relation to wetlands
We appreciate the opportunity to provide you with informa-
`tion regarding the environmental review of this project. Should
you have any questions or concerns, please feel free to contact
the Office of Ecology at your convenience.
i Sincerely,
Louise W. Harrison
Supervisor, Bureau of
Environmental Management
Office of Ecology
LWH/amf
cc: Vito Minei
Steve Costa
. [JTHOLD TOWN BOARD OF 4PE____)'
MATTER OF RAYMOND AND ELEANOR KERESTER
THURSDAY, MARCH 5, 1987 .PUBLIC HEARING
8 : 39 p.m. Appeal No. 3611 - Public Hearing commenced in the
Matter of RAYMOND AND ELEANOR KERESTER. Variance for approv-
al of insufficient lot width of three parcels each containing
4. 6± acres. W/s Paradise Point Road and N/s North Bayview Rd.
Southold.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the subdivision map. The
most recent date is December 10 , 198'6 indicating lot number one
at 4. 6 , lot number 2 at 4. 6, lot number 3 at 4. 6 , all of which
are approximately 150 feet wide. And I have 'a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. Would you like to be heard?
MS. MOORE: We 're here strictly because of the bulk and parking
schedule that requires us to seek a variance. Standard for re-
view is practical difficulties and four criteria, I believe, are
met in this case. The first, this is not a substanital variance
in relation to the requirements. The requirements are 175 feet
in the bulk and parking schedule but we only have 150 . The re-
duced width of the 25 feet, is being compensated by the length
of the property. It' s, in total, 4.6 acres and we are asking you
to give us the relief on the width of the lot. In a sense, to
preserve the open space and the lot size. Otherwise, it would
create a whole new configuration. And possibly even waiting un-
til the proposed Master Plan is enacted which would allow us one
acre zoning in that area. The shape of the lot creates the dif-
ficulty and the width of the lot is the important element. Par-
don me. The width is the. problem and the size of the lot is cer-
tainly large enough to make this a reasonably sized parcel. The
impact on government facilities and services will not be impacted.
There are less than three acres that are waiting for. . . I can't
read my own notes. I 'm sorry. I 'm having trouble here. The lots
are each 4. 6 acres and we are only creating three lots. Therefore,
they will not be a substantial impact on government facilities.
Finally, thirdly, a variance is not detrimental to the character of
the surrounding neighborhood. If you refer to the tax map which was
included in part of the application, it shows that most of the par-
cels in that area are approximately two acres, adjacent parcels.
And many other parcels in that area are between half an acre and an
acre. Therefore, this 4. 6 acre parcel is actually much greater than
anything in that area. In light of all the above factors, justice
will be served by granting this variance. Those are the require-
ments. If you have any questions, I ' ll try to answer them.
Page ,2 - March 5 „ )87
Public Hearing - L—ymond and Eleanor Kereste_
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: The building envelopes indicated on lot num-
ber 1 and lot number 2 are down fairly close to the water. As in
the case of the building envelope on lot number 3 ,,which appears to
be fairly close to the road. Pending the receipt of the letter
which was addressed to a colleague of ours, Mr. Orlowski, from the
Suffolk County Department of Health Services, it doesn'.t specifical-
ly indicate on this map where the pond is and where any specific wet-
lands might be on the premise. And think that we kind of have to
. have that to make sure that you can fit everything on there. I will
say to you that it has been the nature of this Board that; in cases
of this situation and depending on the uniqueness .Qf the parcel, to
grant applications of this nature. We did it some time in the late
Summer and the early Fall on a piece on Long Island Sound out in Matti-
.tuck between Mattituck and Cutchogue. And I don' t think that we take
a severly hard look at applications like that but we want to make sure
that we are not endangering any environmental _grasses or placing build-
ings in areas that would be adverse to people 'or probably better well
versed than we are in investigating these things. And so I would ap-
preciate it if you would ask Mr. VanTuyl to go down to give him : a
copy of this letter indicating to him that we have found that, based
upon this observation from the Department of Health Services that there
was at lease a pond which they referred to as a small fresh water ket-
tle pond and that indicates any wetlands on the survey.
MS. MOORE: _ I know the letter you're speaking of. We reveiwed that.
Correct me if I'm wrong. But I believe that your jurisdiction in this
case is only on the variance which was the application we presented to
you.
CHAIRMAN GOEHRINGER: That' s correct.
MS. MOORE: We are not seeking a building permit on these parcels. -
And when the subdivision is approved, then individual property owners
would have to make an application on construction on these parcels.
Now I believe at that time, these issues would be better addressed.
I don't know at this point, you should be concerning yourself with
that letter. And I believe that the Planning Board, if either of the
two Boards should even be concerned with that. It has more of a
County jurisdiction over that.
CHAIRMAN GOEHRINGER: What we 're primarily interested in is the
building envelope situation which you show three. And I don't -know
if they' re properly placed based upon the information you have on the
survey.
MS. MOORE : Based on that letter claiming that lot 2 had some tidal,
not tidal wetlands. . . But allowing a 5 foot contour, there was a
mention there. I believe that was the only. . . . Because of all these
building plots, we're on the 10 foot elevations.
CHAIRMAN GOEHRINGER: Well, the only other thing that you can do, you
can do that, you can indicate that on the survey if you care to, where
the grasses are so on and so forth. And you can also stake the three
building envelopes and we can go out and look at them. and make sure
that from our own personal findings and recommendations, that we 'd be
happy after we look at where they are actually placed. That they are
in within an area. We'd be very happy to deal with that.
., , Page 3 - March 5 , 1987
Public Hearing - (mond and Eleanor Kereste
Southold Town Boara of Appeals.
MS. MOORE: I don't know (though) if you should be dealing with
that issue.
CHAIRMAN GOEHRINGER: We have to deal with it if you're giving us
building envelopes. And uniquely, you've given us building enve-
lopes in this area.
MS. . MOORE: I think that was for the D.E.C. The survey was pro-
vided for the Planning Board and the D.E.C. as well. You're deal-
ing strictly with the width of the lot. I' ll go back to my client
again and explain what you've asked but I don't know if you are. . .
CHAIRMAN GOEHRINGER: Well, pending the receipt of this letter, Re-
member, we have not done any negative declaration on this parcel-. So
pending the receipt of this and the letter that I have in front of
us, there is a great possibility that we might find that there is . a
positive .effect, upon the environment based upon what we have here.
That may not be the case because of this. It doesn't specifically
delineate where everything is on this survey. I assume because, we
are not really surveyors.
MS. MOORE : We read that and I compared it to the survey. I under-
stand the questions you raise becauue they were also in my mind but
I wondered where exactly it belonged. Making these types of recom-
mendations to the Zoning Board, I questioned their letter.
CHAIRMAN GOEHRINGER: Regardless of this, I mean there' s overlapping
jurisdictions anyway. We all have to deal with t.he.. SEQ.RVpr.o.ce.ss:,
MS. MOORE: So what you want really is a survey to show the possible
wetland area?
CHAIRMAN GOEHRINGER: That's correct. And I really would like to see
these two areas up in front, regardless of if it' s for the D.E.C. or
-w:homever.:':'.. Just stake the four corners so we could walk up there
and see exactly the fact that there isn't any water. I realize there
is significant elevation up there but I don't know what is the nature
of that elevation. I don' t know what' s in the center of the elevation
or whatever the case might be. And if you could do it for us before
the next meeting, we'd go right over and take a look at it. We' ll re-
cess this one and we' ll address the issue right after the next. meeting.
I don't think there' s going to be any. . . . It's going to be a little
additional expense but I don't think there's going to be any tremendous
lapse of time. A loss of time.
MS. MOORE : I ' ll relay that information to Mr. Kerester. Anything else?
CHAIRMAN GOEHRINGER: At this particular time, No. Thank you. 'Is
there anybody else that would like to speak in favor of this applica-
tion? Anybody like to speak against the application? Hearing ques-
tions from Board members? Excuse me sir. Yes. Could you state your
name for the record sir.
b'
Page '4 - March 5,,__ a87
Public Hearing - Raymond and Eleanor Kerester
Southold Town Board of Appeals
:J!. CALLIS: I'm an adjoining land owner. I have a question. If
this variance should be granted and we end up with three lots of
4. 6 acre lots, would there be variances prohibited in the future?
CHAIRMAN GOEHRINGER: Certainly.
MR. CALLIS: This would be the only one the owners would be entitled
to? We' ll end up with three lots at 4 .6 acres . So will any of the
future owners come back and ask for division of these lots?
CHAIRMAN GOEHRINGER: We, , as well as the Planning Board and I'm
not speaking for the Planning Board would probably address the is-
sue in this particular manner. That there be no further subdivision
of these properties. The minute you say the word variance, we can
not specifically stop an applicant from coming before us ; and asking
for a reduction of a lot line. Meaning they want to build an 85 foot
house or a 100 foot house on a 150 foot lot. And because the multi-
topographical area of the lot, it may push the house over to one side
a little bit closer to one line. But as I assured you, that is some-
thing we have no control over. The person has the right in this town,
as in any town, to address the issue in this particular manner. How-
ever„ as for the subdivision, I believe you're thinking in the correct
area and that was; we 'd certainly put a restriction on it that there
be no further subdivision on 'that property.
MR. CALLIS: Thank you.
CHAIRMAN GOEHRINGER: You're very welcome. Is there anybody else who
would like to speak against the application? Questions from d3oard mem-
bers? Hearing no further questions, I' ll make a motion recessing this
hearing until the next regularly scheduled meeting.
All in favor - AYE.
Typed from cassette . tapes recorded electronically during the meeting .
By
Nadia Moore
r
v•
COUNTY OF SUFFOLK
n
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D.. M.P.H.
COMMISSIONER
1
March 11 , 1987
Patricia C. Moore, Attorney
Edson and Bruer
Main Road
Southold, New York 11971
Dear Ms . Moore:
It was a pleasure to speak with you this morning. I hope I was
able to clarify for you our role in the review of projects under the
State Environmental Quality Review Act (SEQRA) . This letter is in
response to your request for such clarification in writing.
The Office of Ecology, part of the Suffolk County Department of
Health Services (SCDHS) , was created by unanimous vote of the Suffolk
County Legislature on July 8, 1986 at the recommendation of the
County Executive. A report from the County Executive dated May, 1986
described the proposal to establish our office and specifically
mandated that we broaden the role of the SCDHS in SEQRA 'project
review.
Since November of 1986, we have had professionals on staff who
conduct thorough reviews of projects to identify and analyze natural
resources concerns in addition to determining compliance with the
County ' s sanitary code. Our professionals also help coordinate
project review with other agencies (e.g. Suffolk County Parks, New
York State Dept . of Environmental Conservation) . We began our review
of SEQRA actions in January of 1987 .
We provide our comments on projects to lead agencies to assist
them in making determinations of significance, to alert them to SCDHS
requirements, and to identify impacts to the County ' s natural
resources that may result from the proposed projects.
COUNTY CENTER
RIVERHEAO.N.Y. 1 1901
2.
In addition to reviewing actions under SEQRA, the Office of
Ecology conducts water pollution control studies, environmental
education programs , and biological inventories . We are enthusiastic
about our new role lending additional protection to Suffolk County ' s
valuable natural resources .
Sincerely,
(-Psc
Louise W. Harrison
Supervisor , Bureau of
Environmental Management
Office of Ecology
LWH/amf
s
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS Ap r•.'r--ill. 2�, 1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR. S.E.Q.R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO. : 3611
PROJECT NAME: RAYMOND AND ELE'ANOR 'KE'RESTE'R' --
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending . for the same or similar
project. y
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ )
DESCRIPTION OF ACTION: variances for insufficient lot width of
of three proposed parcels, each containing 4 . 6 acres.
LOCATION OF - PROJECT: Town of ,Southold, County of, Suffolk, more
particularly known as: North Bayview- and...Paradise_Point Rds. , Southold
1000-81-01-25
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; k .
(2) T1ie- relief requested is not directly related to new construction
as regulated by Section 617.13 for a lot-line or area varicance.
(3) The relief requested is not directly related to new ,construction.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to -the applicant or his agent and posted
on the Town Clerk Bulletin Board.
me ;
I F
p uurr
T aS LD
S p Y
Southold, N.Y. 11971
-(516) 765-1938
February 11, 1987
Mr. Rudy Bruer
Attorney at Law
Main Road
Southold, NY 11971
Re: Raymond Kerest.er Minor Subdivision
Dear Mr. Bruer:
Following a review of the site by the Planning Board,
the above mentioned proposal was discussed at the February
9 , 1987 Planning Board meeting. .
It was the consensus of the Board to refer the following
comments to the Board of Appeals with regard to this application:
1. The Board is concerned with access to the proposed
building on Lot No. 1 since the access would be through
a zero elevation.
2 . The Board was .also concerned .with the .building envelope
proposed for Lot No. 2 since part of it is below the 10 '
contour and may require fill.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
/Cc. Board of Appeals
New York State Department of Environmental Conservation
Regulatory.Affairs Unit
Bldg. 4,0, SUNY, Rm. 219
Stony Brook, N. Y. 11794 oboe
(516) 751-7900
Henry G.Williams
Commissioner
9
January 28, 1987
Raymond & Eleanor Kerester .
21 Oriole Ave.
Bronxville, NY 10708
Re: Permit No. 10-86-1817
Dear Mr. & Mrs. Kerester:
In conformance with the requirements of the State Uniform Procedures
Act (Article 70, ECL) and its implementing Regulations (6NYCRR, Part 621)
. we are .enclosing your permit. Please read all conditions carefully. If
you are unable to comply with any conditions, please contact us at the
above address.
Also enclosed is a permit sign which is to be conspicuously posted
at the project site and protected from the weather.
Very truly yours, "
Alfred T. Kellar
Deputy Regional Permit Administrator
r TK:rw
enclosure
NEW YORK STATE DEN VENT OF ENVIRONMENTAL CUNSLKVJ-" AU'V
UNIruRM PROCEDURES ACT
Receipt No.
Date: S MQ.�
..
T Office: I
Region No.: i
Applicant: C'
Amount: $ --D-0-
_ � NYCRR 360:
Application Identification No.: nent"
VYCRR 373:
Permit Type: T
nagement
�.,1,, , L �i►t �� gement
Check Money Order ❑
�J DEPARTMENT R PRESENTATIVE
Check or M.O. No.: 1616"41 a nt
TITLE 27, 37;
32-14-13 (9/77) m Control
PERMIT ISSUED TO
RAymond & Eleanor Kerester
ADDRESS OF PERMITTEE
21 Oriole Ave. , Bronxtille, NY 10708
AGENT FOR PERMITTEEJCONTACT PERSON TELEPHONE NUMBER
Rudolph Bruer, P.O. Box 1466, Southold, NY 11971
NAME AND ADDRESS OF PROJECT/FACILITY(If different from Permittee)
Southold Bay, North Bayview Rd. at Paradise Pt. Rd.
LOCATION OF PROJECT/FACILITY COUNTY TOWN �S UTM COORDINATES
Bayview Suffolk Southold
DESCRIPTION OF AUTHORIZED ACTIVITY
Subdivide 13.85t acre parcel into 3 lots each to be 4.6 acre building lots in
accordance with attached plans approved by NYSDEC provided covenants are included
in deeds as stated in Special Condition number 1.
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli-
ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify himther promptly in writing of the completion of the work.
2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires pursuant to ECL§71-0301 and SAPA§401(3).
3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from the said project.
4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights,title or interest in real or personal property held or vested in a person not a party to the permit.
7. The permittee is responsible for obtaining any other permits, approvals, lands,easements and rights-of-way which may be required for this project.
8. Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination.
9. Any modification of this permit gran d by t e D artrrlent m t be in writing and attached hereto.
PE RMIT1/218/87CE DATE Al fred T. Kellar ADDRESS Stony Brook, NY 11794
AUTHORIZED SIGNATURE ✓ j~ Page 1 Of 3
cc: C.T. Hamilton / (_
A T V 4 l I q v, .
95-20-6a(1166)--25c
:^ £"L`3310t1A1-_GENERA'tOfVDtiiOkSfUAJ�R': 5 15$Ttdc 4:35;31.=36ytttd*fflCk R _--
_: `_10:-Ttiaf+if future Dperationi�iy._ihe�taie alT7ew�1'nrTc:ieq-__&.,a�-.—:,othe rP9tYai3mentalty_de Jh--associated�vttfrthe
-==._2erattarrJrt�tte�ostlioa�f she�twcuue br wbY3cere+T�autboii�eif, in the opinion of the Department of-Environmental Conservation- 14. Any material dredged in the prosecution of-the work herein.permitted:..
it shall cause unreasonable obstf uction-to the freenevigatiorvof-said" shall-be-removed evenly,without-leavinglargetef use piles-ridgesacross --
waters or-flood Slows arendang&i�he health,=safety-•or-welfare•.of-- :_�=tm bed:of-a=wiw—av-oifwodplait�Lt4eep� af may-
�""'" -the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of
resources of the State,the owner may be ordered by the Department-to- -a waterway.-
remove or alter the structural work;obstructions,or hazards caused 15.:There'hall be no unreasonable interference with navigation by the work......
thereby without expense to the-State, and if, upon the expiration or herein authorized.
revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby
modification of the watercourse hereby authorized shall not be com- - authorized has not been completed,the applicant shall,without expense.,
plefed, the owners, shall, without expense to the State,and to such to the State,and to such extent and in such time and manner as the
extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or
Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site
structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of
and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration.
the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way
11. That the State of New York shall in no case be liable for any damage that the project will be free from flooding.
or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ-
by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not
conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under
no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 . ._.. ._. .
12. Granting of this permit does not relieve the applicant of the responsi- (PL 95217)provided that all of the conditions_listed. herein are met,___.
bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance
the U.S. Army Corps of Engineers;-U:S.Coast Guard,-New Fork State—---- with the approved plans submitted by the applicant or his agent as part -
Office of General Services or local government which may be required. of the permit application.
13. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by R• VanTyyl�
of any wetland or waterway by suspended solids, sediments, fuels, - " 7
solvents,lubricants,epoxy coatings,paints,concrete,leachate or any
SPECIAL CONDITIONS
1. A restricted convenant shall be incorporated into the deeds of each of these
lots to -read as follows:
a. Theee shall be no disturbance to the natural vegetation or topography
within 75' of tidal wetlands.
b. All proposed construction and development shall be a minimum of 100'
from tidal wetlands .
c. Proposed development of these lots will need additional applicatdon to
and approved by NYSDEC's Bureau of Marine Habitat Protection.
DEC PERMIT NUMBER
PROGRAM/FACILITY NUMBER
Page _�— of
-
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEWYORK 1 1971
LEFFERTS P. EDSON (516)765-1222
RUDOLPH H. BRUER February 9 , 1987 - (516)765-2500
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold , New York 11971
Re: Subdivision for Raymond Kerester
Southold, New York
Dear Sirs:
We enclose herewith copy of N.Y.S . D.E .C. Tidal Wetlands Permit
#10-86-1817 . Please make this a part of your file in connection with
the above appeal application.
Thank you- for your cooperation.
Sincerely,
4RHBdi-olph H. Bruer
/df
Enc.
cc: Mr . and Mrs . Raymond J. Kerester
Southold Town Planning Board
r �-
M�
95- o 6(9i86)-25c NEW rvtsn STATE DEPARTMENT OF ENVIRONMENTAL CONSER )N
DEC PERMIT NUMIAR ift EFFECTIVE DATE
10-86-1817 1/28/87
FACILITYIPROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s)
Under the Environmental Conservation Law
N/A 1/31/92
Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: N
328, 329: Aquatic Pesticides Water Quality Certification Tidal Wetlands
Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7; 6NYCRR 360:
Protection of Water SPDES Solid Waste Management*
Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373:
Water Supply El Air Pollution Control* Hazardous Waste Management
Article 15, Title 15: � Article 23, Title 27: � Article 34:
Water Transport Mined Land Reclamation Coastal Erosion Management
Article 15, Title 15: Article 24: Article 36:
Long Island Wells Freshwater Wetlands Floodplain Management
-] Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37;
Wild, Scenic and Recreational C—Construct (*only), 0—Operate (*only) 6NYCRR 380: Radiation Control
Rivers
PERMIT ISSUED TO
RAymond & Eleanor Kerester
ADDRESS OF PERMITTEE
21 Oriole Ave. , Bronxville, NY 10708
AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER
Rudolph Bruer, P.O. Box 1466 , Southold, NY 11971
NAME AND ADDRESS OF PROJECT/FACILITY(If different from Permittee)
Southold Bay, North Bayview Rd. at Paradise Pt. Rd. �
LOCATION OF PROJECT/FACILITY COUNTY TOWN/�I�7yy1 MU UTM COORDINATES
Bayview I Suffolk Southold
j DESCRIPTION OF AUTHORIZED ACTIVITY
Subdivide 13.851 acre parcel into 3 lots each to be 4.6 acre building lots in
accordance with attached plans approved by NYSDEC provided covenants are included
in deeds as stated in Special Condition number 1.
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli-
ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto.
1 The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work.
2 The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires pursuant to ECL §71-0301 and SAPA §401(3).
3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from the said project.
4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts; or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5 The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
6 T his permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
7 The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project.
8 Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms, conditions,or requirements contained in such order or determination.
9. Any modification of this permit gran Rd by the D artrrjent mu t be in writing and attached hereto.
PERMIT ISSUANCE DATE PER IT DMI I RA O ADDRESS
1/28/87 Alfred T. Kellar Stony Brook, NY 11794
AUTHORIZED SIGNATURE
,Z �� Page 1 of 3
&a-110/0"
9Qy'Oo�(1f86)-25c - - - -
.-_-ADD1T10NAL-GENERAL-CONDfiIG S#ORARTLCLES:_15-11* 5 9:?5:3�.36_s+nd -
`-:_:_10':- That if future-operat'ttons by.theState of_New Ynr�f-:require`_aii'a7-___.=othw:7-enylrishrnenta1Iy-_defeteH ..... _ a6vted•with-the
_——=YeraUorrinxhe positian of_ihesiwuuce-or work tiereu`�au --- arc p --
if, in the opinion of the Department of.E nviron men taI Conservation- 14. Any material dredged in the prosecution of-the work herein permitted -
it shall cause unreasonable obstruction to the free navigatiorrof-s aid=--shall-beremovedevenly,without leaving.large-refuse piles ridges-across -
waters or-flood:flows.or.endanger the health;-safety-cu-ive{fare vt , the•bed nf-a.wateravay�r flnodRlaia Dt deep}tnles_Lhaf may_2tav�a `- _.
the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of
resources of the State,the owner may be ordered by the Department-to- -a waterway: - ----- - -=---- ---=--- ----
remove or alter the structural work, obstructions,or hazards caused 15.-There shall be no unreasonable interference with navigation by the work
thereby without expense to the-State, and if, upon the expiration or herein authorized. --
revocation of this permit, the structure, fill, excavation, or other 16.. If upon the expiration or revocation of this permit,the project hereby
modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense
pleted, the owners, shall, without expense to the State, and to'such to the State, and to such extent and in such time and manner as the
extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or
Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site
structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of
and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration.
the State of New York on account of any such removal or alteration. 17. If granted under Article 36, this permit does not signify in any way
11. That the State of New York shall in no case be liable for any damage that the project will be free from flooding.
or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ-
by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not
conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under
no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
12. Granting of this permit does not relieve.the applicant of the responsi- -. ._(PL 95217)provided that all of the conditions-listed-herein are met,_-__ .__
bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance
the U.S.Army Corps of Engineers;-U:S. Coast Guard,-New York State - =with the-approved plans submitted-by the-applicant or his agent as part-- -`—
Office of General Services or local government which may be required. of the permit application.-
13. All necessary precautions shall be taken to preclude contamination Such app pared by R. VanTyyl
of any wetland or waterway by suspended solids, sediments, fuels,--- -
roved plans were pre
solvents,lubricants,a ox coatin s; aints,concrete,leachate or an - -
SPECIAL CONDITIONS
1. A restricted convenant shall be incorporated into the deeds of each of these
lots to read as follows :
a. Theee shall be no disturbance to the natural vegetation or topography
within 75' of tidal wetlands.
b. All proposed construction and development shall be a minimum of 100'
from tidal wlttl ands .
c. Proposed development of these lots will need additional appl i catdon to
and approved by NYSDEC's Bureau of Marine Habitat Protection.
DEC PERMIT NUMBER _
PROGRAMIFACILITY NUMBER
Page
New York State
Department of Environmental Conservation
vNOTICE
v
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted on this site. For further informa-
tion regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Permit No. 10 mom as I
Expiration Date
�. 95-2o-1 (1 11a2) TE: This notice is not a permit
-- 5�FF01kc
P D
T LD
S Y
�i
Southold, N.Y. 11971
(516) 765-1938
January 13, 1987
Mr Rudy Bruer
Attorney at Law
Main Road
Southold, NY 11971
Re: Raymond 'Kerester
minor subdivision
Dear Mr. Bruer:
Please let this confirm the following action taken by
the Southold Town Planning Board, Monday, January 12, 1987.
RESOLVED that the Southold Town Planning Board declare
themselves lead agency under the State Environmental Quality
Review Act for the minor subdivision for Raymond Kerester
for 3 lots on 13 . 9 acres at North Bayview Road and Paradise
Point, Southold.
It was the consensus of the Board to conduct a field
inspection of the premises prior to any further review or
action.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours ,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
}NOTICE OF.HEARINGS SYAYE OF RIEW if®SEC )"NOTICE' 'IS "•�•HEREBY;
GIVEN;piirsuaiit'to Section 267 ) SS:
of the-;Town Law and.the Code of.•'
the Town ofSouthold;_the follow I COUNTY OF SUFFOLK )
ing public hearings,,wilil he'held!-
by,the SOUTHOLD';`TOWN Richard Williams
BOARD OF�APPEALS at the;; of Greenport, in
SoutlioldTown'Hall;Main Road, said County, being duly sworn, says that he/she is
'Southold,NY at a Regular Meet-
^Airrg;�IITHI3SDA1it�#�3 Principal Cleric of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
1987;attliefollowingtimesr p copy, has been regularly published in
•7:35•p.m:~Appeal'•No. 36111=•� a tinted co 1
✓ RAYMOND AND ELEANOR said Newspaper once each week for
KERESTER.,(Recesse'd from 3/
5/87):Variances for insufficient weeks'successively, commencing on the 2 6 th
lot width of three proposed par- day of—" March 197
eels,each containing 4.6± acres.
North Bayyiew' and,,Paradise
Poin£Roads,iSouthold.;1000-81= • .: - ����^``
7:40 p.m.,Appeal No. 3619 --
'ANA.G.STILLO.,Vari",6c to : .'� Principal Clerk
the Zoning-Ordinance;,Article
III,; Sectionr'-,l00-31,:; Bulk
Schedule ,for,approval'of insufT- 8:05 p.m: Appeal.No. 3615 -
cient lot,'area,Width,;and,depth CARMINE r AND DONNA corn to fore m this � __
of two parcels in this pending di- DISPIRITO:Special Exception y of. _ — 19
vision located on A private right- ' to the Zoning Ordinance,Article /} MARY K.DEGNAN
of-way.extending•off,the'north :ICI;Section.100-30(B)[1i for per-
of-way / 1 NOTARY PUBLIC State of New9 Ork
side of Main Road;'Orient;NY; 'mission to establish and con- r 1L Suffolk Couniy No.4849860��
County•Taic Map Aistrict`1000, s ruct'two-family dwelling at L�% Term Expires Februarw(/1
Section'14,Block.2;Lot 26,con- 6030 Youngs Avenue,Southold,. `��
"` 6(3 Minor Subdivision Map-
- - taining 3.2 acres total..' ;,'' --
7:45:p.m. Appeal.No:-3618 378;Lot 4;County Tax Map Dis.
SUKRU .ILGIN, AND;MINE` trict 1000, Section 55, Black 2,
PEKSEN ' '' d/b/a OCEAN Lon.4. .
HOLDING CORP.Variance to 8,10'p:m; Appeal'No. 3613
the Zoning.Ordinance,.Article ' GRiGORY' PAULOS.' Vari-
VI,'Section.'100-62 for permis ance.to,the Zoning Ordinance,.'
sion to operate convenience store . Article XI;Sectiom100-119.2 for
in additionao,.existing gasoline- permission,to construct deck ad--
service station used at; 7400- dition to dwelling-with an insuf
Main Road,Laurel,NY;County. ficient setback from bluff along.
Tax Map District 1000 :Section `` Long'Island Sound).Location of-
122,,Block 7;I:ot.01;'7,ane'Dis-.r�r. Pro perty:;,,North Side.of,Sound• /
trict:B-1 General,Business:', View Road,Map:of Orient'By-
7c50''p:in. Appeal'No':3609= .'.j ,The-Sea;i Section Two, Lot 46,
GULL-::POND.,DAWN CORP. :� .,,-Orient,,NY;-;County Tax Map'
District.1,000, Section 15, Block5 a
' Variance,"to•th'e Zoning:Ordi ,f�,�i':;
nance;'Article XI$Section.100 ; ; 3,Lot 4: .:.,•',. .
119.2 for perniission;to construct The:Board of Appeals 'will
single=family;dtgelling:witlx;,t�n';; ` : he'ar'at said:tinie and-place all
fnsuflicient`setback`from',emit-` persons or rep'resentatiyes'desir-
ing wood'bulkhead along mean _�,., mn to be heard in each of.the
highwater"Jiiark`of:Dawn'La= above matters:','Each hearing
goon.,-I,ocation of Property:;East, will not start before the time al-
Side of Dawn.Drive, Cleaves 16te6d:i,Written''comments may
�'•Point,'Section,3'Lot 70;Green• be submitted prior to the conclu-
130t;=NY;•County Tsix-Map'Dia - siori of the subject hearing. For
�•trict,1000,''Seatiori;36;,•Bloek 6, more .:information,i''pleaso call
Lot 17 ' 765 1809
p m.Appeal No,.,,3616 Dated:March 20,1987.•7:b5
FLINT '6T. COIdP. .;';AND • BY ORDER OF
RIVER CIRCLE CORP."Vari-. THE SOUTHOLD TOWN
ances:to_the Zoning;Ordinance,...r. . � .'BOARD OF APPEALS
Article.III;:.Section100-31;,Bulk , CERARn:1'•GO)JHRINGF.R,
Schedule;for'approval'of insuili `:'CHAIRMAN
cigiit.lot area, depth and.;width Linda Kowalski,
of two.parcels ih"this.0endng,di- Board Secretary
vision of land fronting along
Li"ett Street andiFlint'Sireet, I
Gieenport"Drivirig;Park1ots 68 �
and.76,,Greenport;-NY; County
Tax.Map Dia£rict'..f000 ,Sectioe
NOTICE OF HEARING,,A i
NOTlcir is HEREBY GLv ,: )UNTY OF SUFFOLK
EN,pursuant to:Section.267;of; !,I STATE OF NEW YORK ss:
the Town I;aw:and't�te;Code of.
Town +`of''•Soutti'old,, the
followingpublic,bearings"willibe;;,:•�
held..'by','the,;; soU,,,�[rI�IOLD.;: Patricia Wood, being duly sworn, says that she is the
BOARD OF'AP)?EALS Editor,
at the, Southold.,,T iFn°sHall;-y:'; , of THE LONG ISLAND TRAVELER-WATCHMAN
Main Road,Southold;NY at a' i�1 j a public newspaper printed at Southold, in Suffolk County;
Regular Meeting,';THLIRSDAY, and that the notice of which the annexed is a printed copy,
APRIL 2, 1987,at the following ,
has been published in said Long Island Traveler-Watchman
7:35 p m i'Appeal No 3611- once each week for .
RAYMOND AND ELEANOR weeks
KERESTER., (Recessed from'I ;
1737 ariances,for,insuffi-'t A) successively, commencing on the . . . . . . . . . l
cient lot width of tb'ree propos-
ed parcels;each containing 4.6 t 19 `��acres::Northt' 'Bay .view ''and ..`f� day of. 1�1 . . , , •
Paradise Point•Roads;Southold.`I !,
1000-81-01-25'
. . . . . . . . . . . . . .
L . .
7:40'p.in. 'No•`3619- J
ANA G. STILLO.':Vaiiances t'd
the Zoning Ordinance,;''Arficle.i:'{:
III;. Section""100'31d'%Btilk
Schedule,-for approvafof insuf 1,�
ficient lot area;width"arid depth' Sworn to before me this .
of.iwo parcels in•'thispending • • • • • • • • • . day of
division located 'on'a:private
y�
right=of=way„extending:off;the:;; , , , , , , ,/,!�®✓� �� , • , , , , , 19 . Q.
north:;.side,��'o f!i•Main' ,Road,:°
Orient,r NY;'County.,I'ax';Map;
District 1000,Section 14'Block• + ;
2, Lot.26 icontaining;1i acres
total.': t,;:u , `=;r.;.:•;',.'..,; �.F, 7
7:45 .p.m. Appeah;.Noy.,j;t . . . . . . . . . . . . . . . . . . . . . . . . . . .
3618- US�KRU. IL'Glh1AND Notary Public
MINE PEKSEN d/b/a OCEAN
HOLDING CORP:•Variance to BARBARA FORBES
the Zoning;Ordinance;.-'Article Notary Public, State of New York
Vl, Sectiog'100-62 for;,permis-];;.:'I No. 4806846
sion' to ,operate, convenience,i Qualified in Suffolk County
store` in addition`i'to' existing ;1 Commission Expires ��' �.i 10,PJ"
/gasoline-service'station uMs'at'
7400•Main,'Road; L;aurel ;l�tY;. _A
County Thx Map'Di`strict 1000; ; j; 8.,10;P m +;Appeal;No,'3613-f
Section`122;.BLoch'7,'4ot"01 i GREORY PAULOS:;.Varittnce
Zone District 13 1!;General :,,;'to the rZoning Ordinance,Article
Business t,," a f � s '",-� XI, Section h�10640'. for pe'r
7;50 p m,: •�-Appeal 'No { mission fo'const�tict,'d'eck addi-'`
3609-GULL'.PO�ND�,DA�N_i�t I' tion`''to dwellri`gwith ari insuf
CORP• Variance! Zoning,' fictent setback frotn,bluff along l
Ordinance; Article iXI.,, Section,'{ Lopg Island Sound I ovation of
100-119.2 for"permission to con. j;, '`,'•Property:North,Si&of Sound 5'0
struct single-family,,;,dwelling N ;' View Road, Map of j6ii6t'By ;
with am;insufficient'i•setback, n The-Sea;;Stction Iivo;
from existing' hvood. bulkhead ;:, Orient, NY,r,County,'Pax-Map
along mean'highwater mark••Qf' f', ¢District I000;:Sectlon45,Block's •
Dawn Lagoon.Location of Pro '
perty,,EastSide,of Dawn Drive, ', The Board of Appeals will f
Cleaves Point;Sechori 3,,Lot„7,0; , Ithear�at satd'time°and place'a11�.4,
Greenport , NY, County rTax I 'persons'or,representativesdesir„
Map'District�I000, Sectton.35, ing^to'be Beard in each of the' '
j.
hearing will
m'r�Appeal'i No 3616- n"oL start before,the`'time'allot�--
FLINT' ST `'66R' I .`'AND.� �ted. Written cotiiments may ben
RIVER:'CIRGGE'- CORP,' P� submitted prion,fo;the conclu-',
Variances to"the.;'Zo'ning:;Or=,� ?:!'`' Sion of the subjecthearing.For,',
n. �:r�: , ,.:
dinance,''Article .III,;'Section ;; : more,information; `please call'"•
100-31, Bu1k�Schedule, for.ap A , 765=1809
proval of;insufficient,lot area, ` ;:„jj;Dated Maicfi 20' 1987'
de th and widtti'of two arcels ,'' ;, '''' ;BYE ORDER.OF,:-THE; '
P p '
in this pending division of land; l ✓'F; y SOUTHOLD.TOWN,
_ n, ,. ,
'• •fronting along ti L�nnett�,Steet� ,f ;�-,BOARD OF�APPEAI:S �
and�;Flint Street,",Greenport ! ;:, GERARD-R,`GOEHR•INGER,,
Driving Park Lots 68,and:76,
Greenport,.1`,NY, County,;Tax ' �,,t'r a�;�,1 Fj�. Linda (6walsk0
Map District 1000; $ection'48; :; �; Board Secretary
Block,2,;Lot:32` 3 f 26/87(52)
8:05 p Ap'pealtNo 3613 , �• .�....�._.�,._-_,e�_:.�E.,.�;�.;K.....:._�.,::�..�,..u...,.
CARMINE-','A Nt):;,DONNA;
P I
Special Exception to.the Zonin
Ordinance,.`Ar[tc1e;III,:Section,
100-30(B)[1] for petinisston
establish 'and r cgnstruct
family;dwelling at°6030 Yourigs',,1;`
Avenue; Southol ; NY, Mtnor
Subdt�tsion
CouMy;.Tax Map Distract 1000;:;, . i
Section;SS;Block 2,`•Lot<L'4 •;
i
Southold Town Board ofAppeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application js
a copy of the Legal . Notice as published in 'the L . I . Traveler-
Watchman , Inc . and Suffolk Weekly Times , Inc ..
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience . Please be ; assured that your
public hearing will not start before the time allotted in .
the Legal Notice .
If you •have any questions , please feel free to call
our office , 765-1809 .
' I Yours very tr l
G RARD P . GOEHRfNGER
CHAIRMAN
, i
Linda Kowalski
Secretary and Board Clerk
Enclosure'
I
i .
:I I`' •'I I i��if
' (j� �, .•1;; +�I i � i l .i �I - I. i, 'lll ' ,I li I, I
NOTICE OF HEARINGS
NOTICE }'IS HEREBY GIVEN , pursuant , to Section 267 of the Townl
Law and the Code, of ; the Town - of Southold , the following public
hearings wi11• 'be held by 'the' SOUTHOLDJOWN BOARD ' OF APPEALS at
the Southold Town, ;Hall, Main Road , 'Southold , NY at a Regular
Meeting , , THURSDAY , APRIL 2 , 1987 , at , the following times :
,7 :35 . p,.m., IAppea,l No. ,•3611 - RAYMOND AND EL''EANOR KERESTER.
(Recessed from 3/5/87 ) . Variances for' insufficient lot width
of three proposed parcels , each containing 4. 6± acres . , North
Bayv_iew and Paradise Point Roads , Southold . 1000-81 -01 -25 .
7 :40 `pJ.m.,;; ;Appeal* No. , 3619 - 'ANA G . STILLO. . Variances to -
the Zoning . Ordinance , Article III , Section 100-31 , Bulk Schedule ,
for, approval. o.f insufficient lot area , width and depth of two
parcels in this pending division located on a private right-of-way
extending off the north side of Main Road , Orient , NY ; County Tax
Map District,, 1000 ,: ' Section 14 ;' Block 2 , Lot 26 , containing 3 . 2
acres total :
7 : 45 p .m. Appeal No. 3618 - SUKRU _ILGIN AND MINE PEK_SEN
d/b/a OCEAN HOLDING CORP . Variance to the Zoning Ordinance ,
Article V.I., Section 100-62 for permission to operate convenience
store in addition to existing gasoline-service station uses at
7400 Mai,njRoad , Laurel , NY ; County Tax Map District 1000 , Section
122 , Block 7';'`Lot 01 . Zone 'District : B-1 'Gen'era'T 'Bu'siness .
I
• ri I •! a .I 1: : I I I.
7.I': 5O'''p .,m'I` Appeal No': 36.09' '- 'GUL'L` POND DAWN !C'ORP . Variance
to the Zoning Ordinance , Article XI , Section 100-119. 2 for per-
mission„to cogstrul,ct single-family dwelling with an insufficient
setback ;from exi,sting wood ;bulkhead along mean highwa'ter mark of
Dawn ,Lagoon ., • Location of :Property,: East Side of Dawn Drive ,
i
Cleaves P•oint ,, Selction 3 , .,Lot 70 ,, Greenport , NY ; County Tax Map
District, 1100.0j,Sect.ion 35 ,, Blocka, 5,,; Lot 17 .
7 : 55 p.m. Appeal No. 1616 - FLINT ST CORP_. AND RIVER CIRCLE j
• ;i I, .I 1, t,:, I ; ' ' ' ,.,' ! � ,;. - l
CORP . . Variances to the Zoning Ordinance, Article III , Section
j
100,-312IB6lk. Schedule , for approval of insufficient lot area ,
depth and' widt•p. of;.;two parcels iin• this. pending division of land ,
fronting; a.l,ong; Linnett Str,eet,,and :Fl;i,nt; Street ,.},Greenport Driving
Park Lots) ,W'apO, 76,,,•;.Greenpor,t , NY,;,,County Tax Map, ;District. 1000 ,
Section; 48 ,: Block,,; 2•, • Lot, 32 .,i
I)C; 1; , t(I .1�, i ,.. .. �`:I'�ii.•".I Ii: , .��i1.Rj ,Y.: 11
, I •
„ i i! j .. �. �,Itu .I 1'� •I 'il��l., E ' :'., � ti r ,1 ,
: � i
Page 2 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting — April 2 , 1987
8 :05 p .m. Appeal No. 3615 - CARMINE AND DONNA DISPIRITO.
Special Exception to the Zoning Ordinance , Article III , Section
100-30.(B) [.l ] for permission, to establish and construct two-family
dwel 1 i„ng 4at,,6030, ,Youngs ;Avenue , Southold , NY ; Minor Subdivision, ,
Map ,378,,, Lot; 41 ,, County Tax Map. District 100,0 , Section 55 , Block 2 ,
Lot 1 . 4 '
8 : 10 p.m. Appeal No'. 3613 - GRE'GORY PAULOS'. Variance to
the Zoning Ordinance , Article XI , �Section 100-119 . 2 for permission
to cons,tr,uct deck addition to, dwelling with an insufficient
setback ;from, bluff, along Long `.Island. Sound . .Location of Property:
North- ,Si,de, of ,Sound, .View. Road , Map of Orient By-The-Sea , Section
Two ;. .Lot. .4..6., 0r:ient;; NY ;;. County Tax, Map, District 1000 , Section
15 , Bloc•k, 3 ,, ,Lot.,4-. f
The Board` of Appeals will hear at said time. and place all
persons or' r'epresentatives desiring fo `be ' heard ' in each of the
above matters . Each hearing will not start before the time
allotted. Written comments may be submitted prior to the con-'
clu'sion 'of the`subj'ect heari'ng .' Fo'r' more information , please
call ' 765,-1809.
Dated : March .20 , .1987 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
; ;; GERARD P . GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
------- --------------------------------------------- --------.-----X
Copies to, they 1fo'l l owi n'g' '3/20/87
Suffolk Times
L . I . Traveler
Town Clerk , Bulletin Board
Patricia, C. , Moore , ,E,sq. , Edson & Br.uer ,. Main Road , Southold , NY 11971
'Attorneys'"for Mr'. - Raymond Kerester
Attorneys for Ms . Ana:.Stillo
Mr . Mine -,Peksen., , Mr., 'Sukru Ilgin , Bo.x ,525 , 7.400 Main Rd , Laurel 11948
Gull , Pond. Dawn . C'o"rp.,,' 8 Lovers Lane',- Huntington ; NY 11743
William Moore , Es,q,.,_ as requested , 370,1,jerry Lane;, Southold , NY 1.1971
Mr. David E. Kapell , Agent for Flint St . and River Circle Corps .
400 , Front, St,reet , Box 463 , Greenport , NY 11944
Mr . -and Mr's : C; ' Di Spi ri to ;' 2430 Brigantine Drive',; Southold ,' NY 11971
. Mr . Bruno Tar abacc1a', 1730 Wa'tervfew Drive , Southold , NY 11971 as Agent
for� .Mr: .-Gergory Paul o.s i
J . Kevin McLaughl,in.,, Esq .r. as ,reque,sted., Box . 803 , 82.8 Front. St ; . Greenport , NY
j 11944
ZBA Individual Files
r
ZBA Office: Bulletin Board
ZBA Members
Building Department i
Planning Board
NOTICE OF HEARINGS,;
NOTICE'iS HEREBY.C31V .,JUNTY OF SUFFOLK
EN;pursuant to Section 267 of STATE OF NEW YORK ss:
the Town Law,and the Code of,''
the Town:of Southold, the
G 8:05 p.m.' Appeal,;No.-'366'
following public.tiearings,will be',.,"; •
held by. the SOUTHOLD, ! RICHARD F.ItMULLEN. JR�,.:;,
TOWNBOARDOFAPPEALS. ' Patricia Wood, being duly sworn, says that she Variance to, the, Zoning:!Or
at the Southold Town. Hall, .r•
Editor, of THE LONG ISLAND TRAVELER-WATC . ; dinance; Article'-JtI;, Section" ;
Main Road,Southold,NY'at a { :.1(10-112(I) or, permission'.to.•.l
Regular Meeting,THU-it-the
,-RSDAY:•:'' a public newspaper printed at Southold, in Suffolk ''utilize subject; prerriises for a
MARCH 5, 1987 at the follow- and that the notice of which the annexed is a printed 'paved parking:area; for the i
.. etnployees of Mullen Motors;'an
mg times: has been published in said Long Island Traveler-Waf established business °abutting
7:35 p.m.'Appeal No.'3590- a
THOMAS AND CATHERINE ;'! once each week for . . . . . . . . . : . . . . . . . . .�. . . . . • • :this parcel along the north`side.
Zone Districts::"'Partl ' "�►
y..
2/5/87). Addition,to noncon-V,,,; successive) commencing o cal Residential and Agricultural and
Recessed from
forming dwelling structure ex- > Y g n the "B-1" General Business. Loca-
ceedng•50% of fair value. 265 tion of Property:,East Side of
Rochelle Place;Mattituck,.NY. ';I dKzt
i Cottage .Place;;Southold, NY;
1000-144-04-9& 8.` • •7• • • • •, 19 � . iCounty Tax Map'District 1000;
7:40 p.m. Appeal No. 3603- • ----
Section 62,.Block 3, Lot 19.
JAMES CRO. Li
Variance to the �w M1 8:10 p.m.'Appeal No. 3592-
nmg Ordinance, Article III,; " " " " " .. .. .. " . " " ' 'i BENTS' SNELLENBURG. )
Section 100-31 Bulk Schedule, `',Variances to the Zoning Or-
for approval of insufficient lot " j dinanceArticle"s:`.(1)XI,Section .
area (78,408'sgr' ft.) of parcel , :. 100-119.1(B) for.:approval 'of
proposed to be set-off in this .; eight-foot 'height of,fencing
pending division of land.Loca Sworn to before me this . . . . . . . . . . `P . . . . . ••• :.:along the easterly property line
tion of Property;North Side of'. :;1 a length of•72t•feet; (2)•XII,x?'
Main Road, Cutcliogue;'.,NY; ' 19 �/ Section 100-141, Appealing the
County Tax Map District 1000,'r' November 6;'1986 Order' to
_1;,:,RemedyViolation which m an-
Section 109, Block 1, Lot 8.5 ,;; • _-._._.�.__ .. _._._..
7:45 . p.m: Appeal .No. dates a building permit for new
3610-CAROL A. BAR-.','.' fencing along the easterly pro
THOLOMEW. Specialcep-: ,• perty line. Location'of Proper-•
-�'�—ni `Ordinance: �� - -� — t Private`:7t ht-of-wa ;eaten
Uon to the Zo rig d . . . . . . . . •.... .. z�� :{. Y Y,; =,;
for permission to establish"Bed 1 �4' ' ' ' ' ' ' f°-"ding off. ',the, east.side;of:r .,
and Breakfast"use,incidental'.; i NotaryPublic F`"
I,-
'South HarborRoad known.as.,�and subordinate to the propos-,`; BAItBAItA FORB)✓S ''Private Road-No. 10, ,&;'Old,
ed single-family dwelling use,in i Woods Path;` Southold, NY;
accordance with the, re-..;;" Notary Public, State of New York' County Tax Map Parcel No. i
No. 4806846 '
quirements of Article III,Sec ; 1000-87-2-21. .' . ,
Qualified in Suffolk Count A eal No. 3611-
tion 100-30(B)[161. Location of,' y 8:20 xiii.,,,, pp
Property:,. 7015 Wickham Commission Expires 3% 19 a
,;RAYMOND.AND ELEANOR
Avenue, Mattituck,NY; Coun-' i ;;. KERESTER.:;,Variance to the
ty Tax Map District'1000, Sec-- . k Zoning Ordinance;'`Article'III,
tion 107, Block 5;'Lot4. �-.Section, 100,-3i,,Bulk Schedule
7:50 p.m. Appeal No. 3612-' J', for approval of in lot
PHILIP AND ELLEN ;(' 'width of three parcels,,each con
BELLOMO. Variance to the P
� '��faining ,acres;-in,this
Zoning Or id nance, Article XI, ' ding'minor"subd1visi6n'-1oca-
Section I 119.2 for permission''. lion of Property:;•West side``of
to construct addition.at rear.of,, Paradise Point Road and north
dwelling with an insufficient set- , s side'of. North'Bayview Road,• I,,
E .,
�'+' YI
back from wetlands along Great'. Southold,NY,;County Tax Map
Pond at .7455 Soundview. ` °, Parcel.N 100 0-81=1-25: >;';,:.•:c i`
Avenue,Southold,NY;County"w' Yji( The'Btard,of",Appeals,will
T1ix Map District 1000,Section. . �;'dliear at,said time and place all
59, Block 6, Lot g:� ,1,. .°' persons or representatives sir
8:00 p.m..Appeal No..3511 ,°�I ing tp be he*d in,each of,the
KAPELL REAL ESTATE above matte,rs..Each hearing will '
AND LIMPET CORD• not start:before,the time allot-
V nances'.to t. ping.,Or-:,_ :.{ led. Written comments may;,be.
dinance;'',Arti616"IIl ,,Section` ` submitted prior'to the'coiiclu= .
100-31, Bulk I:Schedule'for ap-
sign of the subject hearin&'AFor ,
more information;i?please',call
proval of 'insufficient; (1)`.1ot `' 765-1809. '
area,'(2)lot width,(3)lot depth°; 3
`; Dated: February'23,.1987 ',y�•";'
of two parcels in this pending BY ORDER OF'THE {
division,.of land.'.Location of SOUTHOLD TOWN
Property: Linett and Brown BOARD OF APPEALS .
Streets,•.,Grcenport;?Greenport;:-.`;I GERARD P..GO EHRINGER,
Driving Park Map`';Lots.16 and '. ;± CHAIRMAN
0- County;,Tax Map?District Linda Kowalski,
1000, Section 48; Bleep , r?;a, 'Board Secretary
25.1.E 1T-2/26/87(6)
Legal Notices , Vr :es to the 'Zoning Ordi-, will not start befor time al-
na Article III, Section 100- lotted. Written co.....:..ats may
-31. Bulk Schedule for approval be submitted prior to the conclu-
of insufficient t 1)lot area,(2)lot sion of the subject hearing. For
NOTICE OF HEARINGS width, (3) lot depth of two
p pat--, more information, please call
NUTIC'E IS HEREBY,: cols in this pending division of 765-1809.
GIVEN,pursuant to Section 267 land. Location of Property: Dated:February 23,1987, SS'
of the Town Law and the Code of Linett and Brown Streets, BY ORDEROF
the Town of Southold,the follow- Greenport; Greenport Driving THE SOUTHOLD TOWN
ing public hearings will be held " Park Map, Lots' 16 and. 65; BOARD OF APPEALS
by the SOUTHOLD TOWN County Tax Map District 1000, GERARD P.GOEHRINGER, -1 a to
BOARD OF APPEALS at the Section 48,Block 3,Lot 25.1. CHAIRMAN of Greenport, in
Southold Town Hall,Main Road, 8:05 p.m. Appeal No. 3608 — Linda Kowalski, (sworn says that he/she is
Southold,NY at a Regular Meet-• RICHARD F. MULLEN, JR. Board Secretary
ing, THURSDAY, MARCH 5, , Variance to the Zoning Ordi- 1TF26-5513 SUFFOLK TIMES, a Weekly
1987 at the following times: nance, Article XI, Section 100-_ -----
-- �w.•or.,r.,., ►- --•-_.._- at Greenport, in the Town
7:35 p.m. Appeal No. 3590 - . 11'l(U for permission to utilise - P
THOMAS AND CATHERINE , subject premises for a paved Of Southold, County of Suffolk and State of New
'ZIMMERMAN (Recessed from parking area for the employees
2/5/87),Addition to nonconfor•ni- of Mullen Motors,an established York-, and that the Notice of which the annexed is
ing dwelling structure exceeding business abutting this parcel a printed copy, has been regularly published in
501/ of fair value. 265 Rochelle along the north side. Zone Dis
Place,Mattituck,NY;1000=144- tricts: Partly. "A" Residential said Newspaper Once each week for .--ene
04-9&8. • .. and Agricultural and"•B-1"Gen- weeks successively, commencing on the—26-
7:40 p.m: Appeal No. 3603 . eral Business. Location of Prop-
JAMES CROSS. Variance ,to erty: East Side of Cottage Place, day of Feb _ 19__ 7
lh'e 'Zoning Ordinance, Article Southold,NY; County Tax Map
III,. Section 100-31, Bulk, District 1'000, Section 62, Block
Schedule,for approval of insulfi= 3,Lot 19. )
cient lot area (78,408 sq. R•.)'of 4 8:10 p,m. Appeal.No. 3592 ��'�l 1� rnn�cipal
parcel proposed to tie set-off'in BENTS' SNELLENBURG. �this pending division of land.Lo- Variances to,the 'tuning Urili- / Clerk
cation of Property:.North Side of;, ;nance, Articles:',(li,,XI,.Section :
Main Road, Cutchogue,,r NY; .100-119.1(11).'' for,approval of
County Tax Map District 1000, eight,foot .hisight, of fencing Sworn to bee this
Section 109,Block 1,Lot 8.5: ' - along the easterly property line
7:45 p.m. Appl; No. 3610 a length of 72± feet;(2)XII,Sec- . day of -- 19 ft9ARY K.OEGNAN
CAROL A. BARTH� lion beer 6 11 Appealing the Z/ NOTARY PUBLIC,State of New York
OI Zoning Special Exception to., :. November 6, 1986 Order to Re- A/j ///( Suffolk County No.4849860p
the 'tuning Urdinancc l'or pei�=` ',`` ' mcdy Violation which mandates / ` (/x ' Term Expires FebruaryL�ly(19 p
mission to establish "Bed,and ;' ;a building permit for.new fens `
Breakfast" use, incidental••and ing along the easterly properly .
subordinate to- the proposed line. Location of Property: Pri-
single-family dwellings use„ in . ' vale right-of-way extending ufT
accordance with the require- ol'the east side of South Harbor
ments of Article III,Section 100- Road known as Private Road No'.
30iB)1161, Location of Property: '10,or Old Woods Path,Southold,
7015 Wickham Avenue, .Mat- NY;Cuunty Tax Map Parcel No.
tituck, NY; County Tax Map, 1000-87-2-21.,.
District 1000,Section 107,Block 8:20 p.m. Appeal No. 3611 — /
5,Lot 4. RAYMOND AND ELEANOII
7:50 p.m. Appeal No. 3612 I{ERESTER: Variance•to the !,
PHILIP AND ELLEN BEL- Zoning Ordinance, Article II1, I
LOMO. Variance to the Zoning Ey Section 100-31, Bulk Schedule .
Ordinance, Article XI, Section .1 - f6r, aproval of insufficient lot
100-119.2 for permission'to con- ar •width of three parcels,'each con-
st•uct addition at rear of dwell- y taining 4.6± acres,in this pend-
ing with an insufficient setback., p ing minor subdivision. Location % f
from wetlands along Great Pond j, of Property: West side of
at 7455 Soundview Avenue,_1 Paradise Point Road and north •�
Southold, NY; County Tax Map'
!I. side of North Bayview Road,
District 1000, Section 59,'Block l Southold, NY; County Tax Map
6,Lot 8. Parcel No.1000-81-1-25.
8:00 p.m. Appeal No. 3511i- The Board of Appeals ,will i
KAPELL REAL ESTATE hear at said time and place all
INC.' and LIMPET CORP., above matters....,Each .hearing-
o y
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOU.GLASS
JOSEPH H. SAWICKI 1
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application "is
a copy of the Legal Notice as published in the L . I . Traveler-
Watchman , Inc. and Suffolk Weekly Times , Inc .
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience . Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very fr 11
..,
���`
G RAkD P . GOEHRGER � ✓
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
I ,
Mailing List of
Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - March 5 , 1.9.87
Copies by mail to the following 2/24/87 :
Mr . James E. Cross , Box 730 , Cutchogue , NY 1f1935
Mr . and Mrs . Thomas J . Zimmerman , 39 Eric La , New Hyde Park , NY 11040
Mr . Kenneth Montgomery , Bay Avenue , Mattituck , NY 11952 (Re : Zimmerman )
Mrs . Carol A. Bartholomew, 7015 Wickham Ave , Mattituck , NY 11952
Mr . and Mrs . Philip Bellomo , 25 Joyce Road , Plainview 11803
Mrs . Phyllis Birkby , Arch . , 155 West 19th St ,., NY , NY 10011
Mr . Dan Smith , Box 572 , Southold , NY 11971
J . Kevin McLaughlin , Esq . , Box 803 , Greenport ; NY 11944 (Re,; R. Mullen )
Mr . David E. Kapell , 400 Front St , Greenport , NY_ (Re : Limpet Corp ..)....
Mrs . Bente Snellenburg , Private Road , Southold 11971
Philip' J . Cardinale , Esq . , Drawer W , Jamesport , NY 11947 (Re : Snellenburg )
Mr . and Mrs . Donal-d E. Dean , 9 Yorke Rd , Mountain Lakes , NJ 07047 ( " " )
Mr . and Mrs . Socrates Spir,akis , ,_139 Stratford Avenue , Garden City 11530 ( fill )
Mr . W. S . Ballenger , 1801 Woodbourn Dr , Flint , Michigan 48500 ( Jill )
Rudolph H. Bruer , Esq . , Main Road , Southold 11971 (Re : Kerester )
Rensselaer G. Terry , Esq . , Main Road , Southold 11971 ( fill )
Posted on Town Clerk Bulletin Board
Copies to ZBA Members 2/24/87
Copies to ZBA Individual Files 2/24/87
Hand Delivery to Newspaper Offices 2/23/87
cd� F7
• Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TowN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3611 application of Raymond & Eleanor
Kerester for a variance. Also included in 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;
survey of property; and any other attachments relative to.this application.
Judith T. Terry
Southold Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
RAYMOND KERESTER NOTICE
• TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. T at it is theq intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des;
cribed as follows: 11535 North Bayview Road, Southold, N.Y. , designated on the
Suffolk County Tax Map as: Dist. 1000, Sec. 081 , Blk. 01, Lot 025
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" - Residential/Agricultural
4. That by such Petition, the undersigned will request the following relief: permission to
create three. 4. 6± acre lots with insufficient width from this 13. 85
acre parcel.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31
[ ] Section 280-A, New York Town Law for approval .of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right to appear and be heard at such hearing.
Dated: 1/27/87
Raymond Kerester
Petitioner Eleanor M. Kerester
Owners ' Names : Jamal Manassah
Post Office Address
c/o Rudolph. H. Bruer, .Esq.
P.O.Box 1466 , Southold, NY 11971
.(Tel . [516] 765-1222
y '
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Patricia & John Burke 135 Split Rock Road
Syosset, N.Y. 11791
Carol J. Kellett 9 Hallock Street
Farmingdale, N.Y. 11735
George Dunn CPA & ors. 41 Front Street
Rockville Centre, N.Y. 11570
Jerry J. Callis Southold, N.Y. 11971
f
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
Mary Diana_ Foster residing at (No#) McCann La. , Greenport, NY 11944
being duly sworn, deposes and says that on the 28th day
of .7;3nlla3v , 19 87 deponent mailed a true,copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, N v ; that said Notices were mailed to each of said persons by
(certified) (Fogkmxrcd� mail.
Sworn to before me this 28th
day of January 19 87
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.. )
5H0,1.'r -",I R0,-;!.lr:i•;T AL ASSESSI'ALH i
�y ItdSTE?UCTIO"1S : '
o I1I order to onswer the questions in this short EAF it is assume
that the preporer %-dll use currently ovailoble information concerning the
project and the likely impacts of the action . `It is not expected that
additional studies, research or other investigations will be undertaken .
(b) If .any question. hos been onsaered Yes the project may be
significant and o completed Environmental Assessment Form is necessary .
(c ) If all questions hove been answered too it is likely that this
project is not signif"icon+_ : - ' ' '
(d) Environmental Assessment "
.I . VU 1' proJect result in a large physical change
to the project site or physically alter more -
than 10 acres of -land? . . . .. . . . . . . . . . . . . . . . . . . . . Yes X .No
2 . Will there 'be a major change to any unique or
-unusual land form found on the site? . . . . . . . . . Yes X No
3 . Will, project alter or hove a large'.
arge effect on
existing body of water? . . . . . . . . . . . . . . . . . . Yes X No
4.. Will project have a potentially large impact ,
on groundwater quality? - . . Yes X ' No
-.5 . Will. project significantly effect _drainage . _
flora on adjacent sites? . . . . . . . . . . . . . . . . . . . . Yes X. No
6 . Will project affect any threatened or
�f endangered plant or oninal species? . . . . . . . . . . . Yes X No .
7 . Will project result in !o major adverwe effect
on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . ' Yes X No
. SO Will project have a major effect on visual
s
character of the community or scenic views or.
vistos known to : be important to the community? Yes X No
9 . Will project adversely, i.mpact any site or
structure of historic, prehistoric or
paleontological importance or ony site
designated as a critical environmental area
bya local agency? . . . . . . . . . . . . . . . . . . . . . . . • Yes X . No
10 . Will .project have a major effect on existing
or future recreational opportunities? . : . . . . . . . Yes X No
`11 . Will project result in major traffic problems
or cau,s.e a major effect to ex-fisting
transportation systems? . . . . . . . . . . . . Yes X No
12 . Will pr.bject regularly cause objectionable
odors, ..noise,' glare, vibration, or electrical .
disturbance as _ a result of the pr. oject ' s
operokion? . . . . . . . . : - - - --- - . . . . : . . . . Yes X No
13 . Ilill • pro-j-ect • have any impact on public health
or .safety? ... . . . . .. . . . . . . . . . . . . . . . . Yes X No
lif `I'lill project affect the existing community by.
directly causing u growth in permanent
population of more than 5 percent over a one
year period or have a mojor . necgative effect
on the character of the community or
neighborhood? . . . . . . . . . . . . . . . . . . . . . . . Yes X No
1:5 Is there public controversy concerning the
project? . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . Yes X No
PRE:PARER ' S SIGNATURE
REPPESE11TIt4G Ravmond Y ereste DATE �� � 7
U
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y. , Stony Brook, NY 11794, (tel. 516-751-7900), if -
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ✓] I. Waterfront without bulkheading
[ ] 2. Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
[ ] 3. Not located within 300' of waterfront or wetlands area
[ ] 4. May be located within 300' of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
[ ] 50' existing road
[ ] existing structures
[ ] bluff area more than 10' in elevation above mean
sea level
[ ] 5. This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
[ ] 6. This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area. _
7.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s) .
10/831k
i
j a
4
,
( i '
'c
r
4 �
A l '
r
a
;
,
P
f
t
+y i
r
,
'
,
-- --------
HOLZ
t � �
A MFI >
SO 160,
{ ` r
5r
6
1 .
CF
w
open ,�! '"y g � 'e y«y 4r � p T
t 1 MrM' e 4-:,.bA.e'k.a��.y Y 4cA t t ,,., - ..A; ��,,yy
� e
A ill AV r-W re
WOW
7"YI�ICAk
LOT
,
oil
{ 8 i
,
t
1 wo E "
pF NEW
�4rT? ��G
„
a
Ire t �lAN
zi4 rO c ;"
r,
.t 1
71
°�rerlxRMir . 08s�sraswFa9ot
smywy is vv�olvion of
721AR or,#are Nor,York'"-
mm nr�
emkIvaed Mel r?h-0
rake
awmnv" rwm V °ASP
f„
n Yo se�Crtvt�aa,�rrk3
B�e�n ia�t §BRa madF+cssoaat 9eeel
of Fes- r'
`dd. d'a6F.t3wWwmw two vat*wwfQn* NOV,
s ,4 �" !#
& es�i aS
IV
1 �,