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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765.1809
ACTION OF THE' ZONING BOARD OF APPEALS
Appeal No. 3462
Application Dated February 4 , 1986
TO: Abi g�ai l A.;; ,W1'c' kham,.• Esq ., as Attorney [Appellant (s) ]
for. MR . HERBERT R. - MANDEL
Main Road , Box 1424
Matt ituck , NY 11952
At a Meeting' of the' Zoning Board of Appeals. held on March 5 , 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] Request for' Variancesto the Zoning Ordinance
Article III , SectionS T00-31 •and 100-30A
[ ] Request for
Application of HERBERT R. MANDEL' for Variances to the Zoning
Ordinance , Article I,II ,. Se,ctions 100-,30A, 100-31 ,. Column A-80 ,
resulting from this proposed three-.lot Minor Subdivision "High
Point at, East Marion Section Three;, In.c . " for : (a ) lots having
insufficient lot area ; (b) lots having insufficient lot depth ;
(c ) Lot having insufficient lot width ; (d ) Lot 3 as proposed with
structure having an insufficient frontyard setback; (e ) Lots 2
and 3 as, proposed each wi 1.1 c'ontai n- structures that do' not meet
pri.nc'i pal -use requirement' for a single.-family dwelling ; (f) exist-
ing barns onjots 2 and 3 as proposed will have. insufficient
setbacks from proposed frontyard property line ,(and boundary line ,
dividing Lots 2 and 3 , running north: and - south) . Location of
Property : 9355 'Main Road, East Marion ; County Tax Map Parcel
No . . 1000-031 -03-11 . 25 . Containing 2 . 918 acres .
WHEREAS, a 'public hearing was . held and concluded on February 5 ,
1987 . in the -Matter of the Application of HERBERT R. MANDEL under
Appeal No . , 3462; 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 containing
a total area of .2 . 918 acres with frontage ,,of 218. 44 feet along the
north side of the ' M,ain Road (a/k/a S . R . 25 ) at East Marion , and
is identified on the Suffolk , County jax Maps as District 1000 ,
Section 031', Block 03 , Lot 11 . 25 .
2 . By 'this app.lication ,. appellant requests area variances :
(a ) for proposed Lot #1 of 42 ,000 ._sq . ft. [inclusive of right-of-
way along the west side] ; (b) for proposed Lot #2 of 40 ,000 sq .
DATED: March 5 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rtev. 1 '1/81)
Page : 2 ;- Appeal No . 2A
`titter of HERBERT R. IDEL
• ,Deci,siion Rendered March 5 , 1987
C
ft . ; : (c ) for 'proposed Lots #3 ,of 45.,000 sq . .ft..'; (d ) Lots 1 , 2
and 3 having i6suffic,ient, .7ot ;depth of: 220 . 87 , 140 , and 140 ,
respectively ; ' (e ) insufficient setback of existing building
on proposed Lot 3 ; (f) existing barn structure on each Lot 2
and Lot 3 which have insufficient frontyard setbacks ; (g)
existing structures on Lots 2 and 3 which do no;t meet the
principal -use requirement' of a' single-family dwelling .
3 . Existing upon the premises are the following structures :
(a ) two-story , single-family wood framed dwelling set back
56± feet from the front property line along the Main Road ; (b )
24 ' by 24 ' accessory garage building; ` (c ) 40 ' by 46 ' accessory
barn ; (d ), 18± ' by 27± ' accessory barn , all as,' more particularly
shown on subdiv'ision ' sketch� plan, mapped January ` 29 , 1986 by.
Young & Young , L . S . It is noted that Certificate of Occupancy
No . .Z14702 was . issued July 24 , 1986 concerning this 2 . 918-acre
parcel and buildings .
4 . It, is, noted for the . record that a photocopy of approval
from the Suffolk County Department of Health Services dated
December 4 ,. 1986 and letter dated March 4 , 1986 from the South-
old Town„ Planning Board were submitted and considered .
5'. , The Bulk . Schedule of the Zoning Code requires a minimum
lot area of 80 ,000 sq . ft. , 250 ft . lot depth , and : 175 ft. lot
width .( frontage ) , and minimum frontyard setbacks at 60 feet for
principal buildings .
6 . The percentage of relief requested ,,from the lot area
requirements is not less than__ 45% . ' It is the opinion of the
board that . the relief , requested is not , the minimal necessary
meeting only approximately 55% ,of ,the ,.requirements , and is
self-created. , A p7an , couId be submitted under the circumstances
for insufficient area of .two ;parcels , as an alternative for
consideration .
In copsider.ing this application , , the board also finds and
determines that : .' (a ) ,the 'difficulti.es claimed are not sufficient
to warrant 'a granting of the' .relief requested.; (b ) the percentage
of relief requested is substant..ial in relation to the zoning
requirements , being a variance of at 'least 45% for this proposal
of three lots ; (c ) the difficulties claimed are self-created ;
(d ) the 7.ot area requirements have been in effect prior to' the
conveyance in title of this property to the applicant ; (e )
there is another method feasible for'' appellant to' pursue for
minimal relief; (f) in view of the manner in which the diffi -
culties arose and in considering all. the above factors , the
interests of justice will be served by denying the variance ,
as applied .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis ,., i.t was
RESOLVED , to DENY the relief requested under. 1.Appeal No .
3462 in the Matter of the Application of HERBERT R. MANDEL in
its entirety ' ,.
Vote , of ,t.he.. Board ; Ayps : , ; Messrs . Goehringer , Grigonis ,
Doyen and Dou.glass : i , (Member Sawicki was. absent . ) This
resolution was duly adopted.
lk
GERARD P . GOE I GER, &AIRMAN
March 1.1 ,. 1987
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 c'EOWN BOARD OF APPEALS at the
Southold-Town Hall, Main Road, Southold, NY at a Regular Meeting,
THURSDAY. FEBRUARY 5, 1987 at the following times :
7:.35 p.m. Appeal _Ndo 3601 - MARG ARET AND JOSEPH BEST.
Variance to the Zoning Ordinance, Article XI , Section 100-119.2 for
permission to construct addition at the southerly side of existing
dwelling with an insufficient sethack from bulkhead along tidal water
area, and to Section 100-31, Bulk Schedule, for an insufficient setback
from the rear property line, at premises located along the south
side of a private .right-of-way (extending off the east side of Camp
Mineola Road) , Mattituck, NY; County Tax Map Parcel No. 1000-
123-06-17.
7 :40 p.m.. Appeal No. 3599 - SAMUEL S. COHEN. Variance to
the Zoning Ordinance, Article III , Section 100-32 for permission to
construct accessory garage structure, for storage and garage pur-
poses, in the front and side yard areas , premises located along
the south side of a private .right-of-way (extending off the south side
of Indian Neck Road) , Peconic, NY; County Tax Map Parcel No. 1000-
98-5-18.
7:45 p bra. Appeal No. 3598 - DANIEL AND IRENE McKASTY.
Variance to construct swimm.ingpool with fence enclosure and cabana
within 75 feet of existing bulkhead along tidal water, .requiring a
Variance fo the Zoning Ordinance, Article XI, Sect'.on 100-119.2.
Locattgn of Property: 13220 Main Road, East Marion, NY; County
Tax Map Parcel No. 1000-31-14-12.
7: 50 p.m. Appeal No. 3595 - DONALD J. GRIM . Variance to
the Zoning Ordinance, Article IX . Section 100-90, 100-93, Bulk
Schedule, for permission to construct two-story building for office
use incidental to principal use of the premises with an insufficient
frontyard setback in this "C-1" Heavy Industrial Zoning District.
Location of Property: Lot No. 2, Minor Subdivision No. 450; South
Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel
No. 1000-83, 3, part of Lot 4.4. Containing 4.59 acres.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February 5, 1987
7:55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to
the Zoning Ordinance, A.rticle.III, Sections 100-30A, 100-31, Column A-80,
resulting from this proposed three-lot Minor Subdivision "HighPoint at
East M'a:rionq Section.Three, Inc." for: (a) lots having insufficient lot
area; (b)-lots- having insufficient lot depth; (c) Lot having insufficient
lot width; (d) Lot 3 as proposed with .structure having an insufficient
frontyard setback; (e) Lots 2 and 3 as proposed each will contain
structures that do not meet principal-use .requir-invent for a single-family
dwelling; (f) existing barns on Lots 2 and 3 as proposed will have
insufficient setbacks from proposed frontya.rd property line (and boundary
line, dividing Lots 2 and 3 running north and south) . Location of
Property 9355 Main Road, East Marion; County Tax Map Parcel No.
1000-031-03-11'.25. Containing 2.918 acres.
8:05 p.m. Appeal No. 3590 - THOMAS J. AND CATHERINE ZIMMERMAN.
Variance to the Zoning Ordinance, Article XI , Section 100-118E for permis-
sion to construct addition to existing nonconforming structure which exceeds
50% of fair value of same as exists, at 265 Rochelle Place, Mattituck, NY;
County Tax Map:Parcel No. 1000-144-04-09 and 08. Contai*g -110 an acre.
8 :10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI . Variance
pursuant to New York Town Law, Section 280-a, for approval of access over
private right-of-way (presently owned by Eileen Villani) to other premises
of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10.
93:151p.m. Appeal No. 3596 - TARTAN OIL CORP. Special Exception to
the Zoning Ordinance, Article VII, Section 100-70B(4 & 5) for permission to
establish a partial self-service gas station in conjunction with full-service
gas station approved 6/29/72 under Appl. No. 1584. Location of Property:
32400 C.R. 48, Peconic, NY; County Tax Map Parcel No. 1000-74-4-7.1 (6 & 7) .
8: 25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception
to the Zoning Ordinance, Article III , Section 100-30B for permission to estab-
lish "Accessory Apartment" in existing garage area in accordance with the
requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane,
Southold, NY; County Tax Map Parcel No. 1000-65-7-20.
L I /
J.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February 5, 1987
The Board of Appeals will hear at said time and place all persons or
representatives desiring to be heard in each of the above.hearings. Each
hearing will not start before the time allotted. Written comments may be
submitted prior to t he conclusion of the subject hearing. For more informa-
tion, please call 765-1809.
Dated: January 24, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD. P. GOEHRINGER,. CHAIRMAN
Linda Kowalski, Board Secretary�
--------------------------------------------------------------=---------x
Copies to the following 1/27/87:
Peconic Development Corp. for the Bests, Hox 594, Mattituck, NY 11952
Mr. William J. Jacobs, as Agent for Mr. Cohen, Depot La, Cutchogue, NY 11935
Mr. and Mrs. Daniel McKasty, 368 Station Road, Bellport, NY 11713
Mr. Donald J. Grim , 475 Je.rnick Lane, Southold, NY 11971
A .A A . Wickham , Esq. as Attorney for Mr. Mandel, Box 1424, Mattituck, NY 11952
Mr. and Mrs. T.J. Zimmerman, 39 Eric La, New Hyde Park, NY 11040
Mr. and Mrs. R.A . Villani, 189 Old Westbury Rd. , Old Westbury, NY 11568
W. D. Moore, Esq. as Attorney for Tartan Oil Corp. , 370 Terry La. , Southold, NY 11971
Mr. and Mrs. R. Die.r, 355 Terry Lane, Southold, NY 11971
John N1. `nlagner, Esq. as Attorney for ( ) , Box 279, Riverhead, NY 11901
J. Kevin McLaughlin, Esq. as Attorney for A. Blair, 828 Front St. , G.reenport, NY 11944
Personal Delivery to: Suffolk Times and L.I. T.raSele.r-Watchman
Town Clerk Bulletin Board
ZBA Members
ZBA Individual Files
ZBA Office Bulletin Board
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
Date
To1c�c1U;.c,i,�LJ t4 -�l�l�t;r1. �JiZCSSC. rt (2 G
PLEASE TAKE NOTICE that your application dated . . .� f� v�!Z . . !.�`. ., 19 . �
for permit to �F??,� .TJ�-. `. .l +t�.�=rY . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property . . . l `.?.�?�. . . . 4C�!�1� . . . . .
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . . . . . . . . . . . Block . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . .
1
Subdivision . . . . . 0.�. (. . . . . Filed Map No. . .Q .??. . . . . . . . . Lot No. .Q. :. . . . .
is returned herewith and disapproved on the following grounds .-u- .ReC—. t.Gr
'T. .F:t?4KT. .Y ? . �:�:... . . .
. .tea. . rrJZ7.Y. . .�.,i
BAaingInspector
t.,E CriL A 0
RV 1/80 -� cad
MOWN OF SOUTHOLD, NEW YORK `
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �'�6
� 1986
DATE ..........:.. ...�............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) .........IISRBER.. R....MAND)J.................of .....443..Madm..St.. . ........ . ...........................
Nome of.Appellant Street and Number
Greenport.:............................................................New ,YP.x3S.................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ....:January, ,,1C,....19$, ...........
.........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Wickham, Wickham & Bressler, P.C.
. .................................................................................
Name of Applicant for permit
of
Ma r1... 3. 4 -.. .,9r... Qz�.. .4►24.,..Mattit�ck.,...mew..XA.xk.....................
�Street and Number Municipality_--_ State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X ) PERMIT TO DIVIDE
1. LOCATION OF THE PROPERTY .N✓..si..de...of..Main..flaad,.. w„ Rxmion, .fit, Rj$ dpntial &
Street Use District on Zoning Map
1000-.0.3..1-03-011 . 25 .. ....
A
..Current Owner Herbert R. Man%erli
TaxM ..................................... Lot..No. ...........
cultural
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.)
Art. III , Sec. 100-31 Bulk Schedule Col. A 80 & Sec. 100-30 A-1
3. TYPE OF APPEAL Appeal is made herewith for
(x)� A VARIANCE to the Zoning Ordinance or Zoning Map
(X) 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 ft!4 (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
(.X) A Variance to Section 280A Subsection 3
(X)o A Variance to the Zoning Ordinance
is requested for the reason that applicant wishes to create three lots containing
less than 80,000 square feet, insufficient depth and width and build-
ings not meeting principal .use requirement as set forth in Notice
of Disapproval dated January 16 , 1986 . '
Form ZB1 (Continue on other side)'
REASON FOR APPEAL Continued -
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because
(a) Insufficient area: The lots all equal or exceed 40 ,000
sauare feet, in keeping with the lots in Sections One & Two of'. this
subdivision which have already been approved and filed. Section
Three was not filed prior to the two-acre zoning only because applicant
could not lay out the lots until a gift of property to the East Marion
Fire District was accepted and completed. If required to comply with
zoning, applicant would be entitled to only one lot, which would be
a financial hardship as;.- it would be awkwardly shaped and .out of keeping
with the neighborhood.
(b) Insufficient depth: All - lots have at least 185 feet of depth
which is more t an adequate for a single family residence.
(c) Insufficient width: Lot 3 is L-shaped of necessity due to
the. shape of the entire parcel. It has sufficient width for %twp.-thirds
of the parcel.
(d). Accessory buildings: In order to provide at least 40 ,000 square
feet per lot, the lot lines have to be drawn so as to create insufficient
set-back for the twobarns . No plans have as yet been made for these
'str iethor�s iipbcur atLe (WQ�7°n�aissn-ol� sly re �y1Cc l tpr�opPAie °a IkF;'tnth °irr ash them,
vicinity of this property and in this use district because this' is the third and final
section of a major subdivision which was commenced months prior to
the upzoning.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all lots are as big or larger than the
surrounding lots in the neighborhood. They conform to . the proposals
as to area and width in the Master Plan. There is a bungalow colony
. to the East of the property and business district to the West,
neither of which will be adversely affected by the proposal .
STATE OF NEW YORK
ss ........... !�'.. �..........
COUNTY OF SUFFOLK ) Sig ture
HERBERT R. DEL
Sworn to this .......2.9th............................. day of..........J.si� arx............................... 1986
Notary Public
ABIGAIL A.IMCKHAM
Notary Public,Sty of Now York
No. 52.4642971 -Suffolk County
Commissicn Expires March 30, 19�,
TOWN OF SOUTHOLD PROPERTY RECO • CARD. .
OWNER STREET VILLAGE DISTRICT SUB. LOT
FORMER OWNER iy _ p E ^ ACREAGE
.i
Ste, W TYPE OF BUILDING p,
�L t j kov ystc l Kn _a
RES. SEAS. I VL. FARM COMM. IND.. I CB. MISC.
LAND IMP. TOTAL DATE REMARKS
P
0 o 12-1 �( �i��r Cam, ��1; 05 lQ mt',6�
/ (0 0 6 q on 0 Z6 6 0 o a t- Qlrywc-�'q ��tarh -�a�wn 3a%moo tn�lo
a L o b i -Z ?s i -,6 - 0,4 7',_c. 4^- mi l e I n co Y
C)0 ell- zO- 1 ( 0 d 1 3 ? A 4- ) •C, ?4c7- 1;4 1 -a ga ,-- W E k p2 c,�c - � o H
130 CONQI 10 s ►
l-7j _25MAL E OW l a ABOVE
Farm Acre Value Per Acre Value t
Tillable 1
J -
Tillable 2
Tillable, 3 9 4,3
:>
,.R
Wcodland
Swampland
Brushland I,
House Plot
To"a _
-g_
y r
k
II
Ili
Z S
M. Bldg. 3 _ / D G i S-� 3 Foundation G D Al G Bath I
Extension zoo _ 0 Basement J y L Floors
Extension Ext. Walls ILA L S���^ nterior Finish
Extension Fire Place , Heart
O V ZJ = v
�0 _o 0 Porch Attic
Porch Rooms 1st Floor
Breezeway Patio Rooms 2nd Floor
Garage Driveway
O. B.
L
__UTH#O't "',VYW'lr BOARD O'F"A'PP''t___s
MATTER OF HERBERT R. MANDEL
THURSDAY, FEBRUARY 5 , 1987 , PUBLIC HEARING
7 : 55 p.m. Appeal No . 3462 - Public hearing commenced in the
Matter of HERBERT R. MANDEL. Variances for (a) lots having
insufficient lot area; (b) lots having insufficient lot depth;
(c) lot having insufficient lot width; (d) lot 3 as proposed
with structure having an insufficient frontyard setback; (e)
lots 2 and 3 will contain structures that do not meet princi-
pal-use requirement for a s-ingle-family dwelling ; (f) exist-
ing barns on lots 2 and 3 as proposed will have insufficient
setbacks from front property line (and boundary line dividing
lots 2 and 3 running north and south) . 9355 Main Road , East
Marion.
The Chairman read the legal notice and application for the
record .
CHAIRMAN GOEHRINGER: I have a copy of a plan most recent date
was January 29 , 1986 showing lot number 1 at 42 thousand square
feet with a two-story house. Lot number 2, 30 thousand square
feet with a garage and lot number 3 ; 45 thousand square feet
with a barn. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Ms .
Wickham would you like to be heard? Just in the knick of time.
MS . WICKHAM: I know that there is comment that you will never
hear variances before the hour. of which they are appointed . So
fortunately I was here on time. There are several reasons that
I believe that Mr. Mandel is entitled to a variance. They men-
tioned in the application; this subdivision is in its entirety
was originally started in 1982 as a 3-section subdivision and
that was shown on the original map that way. The section one
and section two which contain approximately 49 lots of one acre
were completed and approved and filed in 1984 . They were far
enough along in the subdivision process that when the two acre
zoning came into effect , they were automatically entitled to
proceed under the one acre zoning and they did so. The only
reason that section 3 was not completed and filed along with
the other two was , in order to complete a gift to the fire
district of about 10 thousand square feet . The Fire District
approached Mr. Mandel in approximately 1982 but it was some-
time with their meetings as to when they actually gave them
dimensions and location of property they were interested in
getting . He subsequently made the surveys and made the trans-
fer to them in 1984. By that time however, he had lost his
rights (according to the Town) with the one acre zoning. We
asked the Planning Board to proceed since the section 3 had
been shown on the original maps and they were not willing to
do so in light of the upzoning without the variance and that ' s
why we ' re here tonight. The Planning Board has indicated (I
believe in a letter to you) that this was recommended for one
acre zoning by the Master Plan. So the first reason we think
Page 2 - February ' ,. 1987 ,
,Public Hearing - rbert R. Mandel
Southold Town Board of Appeals
MS . WICKHAM (continued) :
we ' re entitled to a variance is because it was shown as section
3 on one acre subdivision sometime ago. And it was only because
lie wanted to make a gift to the Fire District that he was unable
to complete it in time. , Another reason that we would like to
request the variance is because of financial hardship. One lot
would be allowed under your 2 acre zoning . And the difference
in value between that and a 3 acre subdivision as we proposed ,
is a substantial financial hardship. Mr . Mandel was unable to
be here because of travel arrangements he had made previously.
But I have with me and I ' d like to request that you allow me-
to submit an affidavit that he has signed as a person who is a
licensed real estate broker and is familiar with property value.
He ' s obtained appraisels with the property as a one acre parcel. '
I 'm sorry. As 3 acre parcel as it currently exists . He had an
appraised value of approximately 29 thousand . As opposed to a
parcel on the basis of 3 one acre lots , one of which contains
the house, approximately 350 thousand. So there is about a 60
thousand dollar differential that he would suffer because he was
delayed in being able to finalize his section 3 subdivision. The
other reason is ; as I mentioned in the application, that the proper-
ty is surrounded by a variety of quarter, half and one acre par-
cels . So we ' re not going to be doing anything that would be out
of keeping with the area. If it ' s ok with the Board , I would like
to offer you the application. I do not have a copy of the deed
yet on the gift to the Fire District . But if you would like that
for the file, I can obtain one for you. Would you like me to sub-
mit that?
CHAIRMAN GOEHRINGER: I don' t think it ' s particularly necessary.
MS . WICKHAM: I have in the affidavit the date of the transfer.
CHAIRMAN GOEHRINGER: I don ' t think it ' s necessary.
MS . WICKHAM: Now I would just like to briefly, well I don ' t
know if I could do it briefly, address that laundry list of
specific reasons why this particular one did not meet the code.
As it is proposed lot 50 shown on this. map which contains the
house and is on the road , we have an existing residence and
there was really nothing much we can do about its location.
CHAIRMAN GOEHRINGER: Is that used as a one family dwelling or
a two family?
MS. WICKHAM: I submitted the c .o. to you.
CHAIRMAN GOEHRINGER: Yes but I 've been sitting ,rwihhi:this ap0 i-
cation for a year.
MS . WICKHAM: Excuse me.
CHAIRMAN GOEHRINGER: I've been sitting with the application. I
only quickly reviewed the file before this meeting.
Page 3 - Februar;' , 1987
iPublic Hearing - _,rbert R. Mandel ;
Southold Town Board of Appeals
MS. WICKHAM: It ' s a two-story one family wood framed dwelling .
CHAIRMAN GOEHRINGER: Thank you.
MS . WICKHAM: As far as the accessory structures on lot 51 which
is one of the lots in the rear , one is a garage that can be uti-
lized as an accessory structure to a residence and the framed
barn is a shed which you could also be able to utilize as an ac-
cessory structure. So I think the fact that they do not meet
principal lot requirements , principal building requirements is
irrelevant at the time a house is constructed . The existing barn
on the third lot is a rather large structure and this basically
is the only way they could design the lot lines to accommodate
those buildings.
CHAIRMAN GOEHRINGER: Do you anticipate. . . . I know the appli-
cation reads that there is no anticipation of doing anything
with those. Is there any anticipation of converting that barn
to a house?
MS . WICKHAM: I spoke to Mr . Mandel about that.' He says it is
a fairly decent structure and it could be converted to a resi-
dence. It probably, because of its size, would not be feasible
to use it as an accessory structure if another residence were
constructed on the property. I suppose it 's possible that it
could be moved to another location in the course of reconstruc-
tion.
CHAIRMAN GOEHRINGER: Ok. Next. What else?
MS . WICKHAM: I think that covers 7 an'd 8 .
CHAIRMAN GOEHRINGER: Ok. Thank you. Is there anybody else
who would like to speak in favor of this application? Any-
body like to speak against the application? Questions from
Board members? Hearing no further questions , I make a motion
closing the hearing reserving decision until later. Thank you
very much for coming in.
All in favor - Aye.
_V
�
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
Ol r` TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.JOSEPH H.SAWICKI MEMORANDUM FOR THE RECORD
JAMES DINIZIO, JR.
UPDATE CONCERNING ARTICLE 78 PROCEEDINGS IN THE FOLLOWING
MATTERS:
Matter of Herbert Mandel v. ZBA - Appellant Division
dismissed appeal.
2. Matter of DeLeo v. ZBA (Herz Property) - Attorney Cron has
appealed Supreme Court Decision.
Per telephone conversation today with Frank Yakaboski.
1/6/891k -
- 1/- LAW OFFICES
ll" WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD,P.O. BOX 1424
MATTITUCK LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
FRANKLYN A.FARRIS
February 25, 1986
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Application for Variance - Herbert R. Mandel
Highpoint at East Marion -Section Three Inc.
Appeal No.: 3462
Gentlemen:
With regard to your letter of February 10, 1986, we enclose an
amended notice reflecting all five variances.
We have asked Young & Young to apply for Suffolk County Department
of Health approval. One of the test wells for the Section Two
subdivision was located on this property and the well approved, so we
anticipate obtaining Article 6 approval. We therefore request that you
proceed with the variance application making any decision subject to
Article 6 approval.
We have applied to the Planning Board for the approval of the
subdivision, which would also encompass the right-of-way. It has been
our experience that where a variance is required, the Planning Board
does not wish to proceed until your Board has rendered its decision.
The Planning Board has reviewed this proposed subdivision with Mr.
Mandel and has asked him to pursue a variance. I enclosed a copy of a
letter dated October 11, 1985 from the Planning' Board.
We are applying for a Certificate of Pre-existing Use for the
buildings on the property.
Very truly yours,
Abigail A. Wickham
AAW:emu
. encls.
Gj
r
� D
�c
T Ln p
S .Y.
Y
Southold, N.Y. 11971
(516) 765-1938
October 11, 1985
Mr. Herbert Mandel
443 Main Street
Greenport, NY 11944
Re: Proposed Highpoint at East Marion
Section III
Dear Mr. Mandel:
Please let this confirm our conversation of October 8,
in response to your letter of September 20, 1985, which has
been reviewed by the Planning Board.
The Planning Board cannot take any action on your proposal
for three one-acre lots, unless a variance is granted, since it
is not conforming to the current two-acre zoning.
It is the Planning Board' s recommendation, however,
that this area be zoned one-acre under the Proposed Master Plan.
If you have any questions, please don' t hesitate to contact
our office. ,
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
'? • 'khUd&,
By Diane M. Schultze, Secretary
l_
SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI
ATTORNEYS AND COUNSELORS AT LAW
456 GRIFFING AVENUE,CORNER OF LINCOLN STREET
P.O. BOX 389
HOWARD M.FINKELSTEIN
PIERRE G.LUNDBERG RIVERHEAD, N.Y. 11901
FRANCIS J.YAKABOSKI
F (516) 727-4100
RANK A.ISLER REGINALD C.SMITH
SUSAN POST ROGERS 1926-1983
May 9 , 1988
Gerard P . Goehringer, Chairman
Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Mandel v. Zoning Board of Appeals
Dear Mr. Goehringer:
Mr. Mandel has perfected his appeal from the lower
court' s dismissal of his petition. Our brief is not due
until August and the case, while on the appellate court' s
September Term, will most likely not be argued until late
fall or early winter. We will keep you posted of all
developments .
Ver truly yours,
FRANK A. ISLER
FAI :knm
ba �oi PwAMvnucll INOEX
NO. 7980 1987
$UPI• E COURT—STATE OF NEW YORK
XfA SPECiAL'TERM, PART I SUFFOLK COUNTY
Present:
LESTER E. GERARD
Hon MOTION DATE - May 18th 1887
Justice
MD J
PLTF'S/PET'S ATTY:
In the- Matter of the Application of
HERBERT R. 'MANDEL,
Petitioner,
See Memorandum•Decision
. '
-against-
SOUTHOLD TOWN BOARD -OF APPEALS, DEFT'S/REV S ATTY.
Respondent.
Upon the following papers numbered 1 to - _ read on this motion
for art;e-la 7R
Notice of Motion/OirdW>W4Wd*UM and supporting papers i -A Notice of Cross Motion
and supporting papers Answering Affidavits and supporting papers 1-3
Replying Affidavits and supporting papers Other memo of Iasi
�4awd�af c
heaAkWx9P.kk9aMk Qx$ARWIAx*3&f?RW,YAAx&4xipQ�r) it is,
ORDERED that this petition is decided to the extent indicated
in the Memorandum Decision (Gerard, J. ) dated June 10, 1987.
Dated: June 10, 1987
J. .C.
LESTER E. ' GERARD
3i•15P:
f��.. -�... "_MORANDUM
SUPREME COURT, SUFFOLK COUNTY SPECIAL TERM PART I
In the Matter of the Applicatipl, BY GERARD, J. S.. C.
of HERBERT R. MANDEL, .
Petitioner,
DATED June loth . 1%7
-against- INDEX � `
• 87-7980
SOUTHOLD TOWN BOARD OF APPEALS, MD
Defendant.
-------------------------------
WICKHAM,WICKHAM BRESSLERjR.C. SMITH,FINKELSTEIN,LUNDBERG, ISLER
Attorneys for Petitioner and YAKABOSKI
Main Road Attorneys for . Respondents
Mattituck, N.Y. 11952 456 Griffing Avenue .
Riverhead, New York 11901
Petition is denied.
This proceeding pursuant to Article 78 of the CPLR seeks a judgment
of this Court annulling a determination of the Southold Town Board of
Appeals dated March 11 , 1987- which denied the petitioner's request
for certain variances.
The petitioner owns a certain parcel of real property in East
Marion, Southold, New York. In 1982, the petitioner applied for
permission tQ subdivide a large parcel of property that included the-
subject premises. In the subdivision map furnished with the application,
the property was divided into three sections with the third section
encompassing the subject parcel . The application was granted as to- the
first two sections, but delayed as' to section 3 due to the fact that the
petitioner was in the process of donating a portion of section 3 to the
Fire District for :its use. Eventually on September 13, 1984, the
petitioner deeded a parcel of approximately 109'000 square feet to the
Fire District. In the meantime on or about 'May 23, 1983, the Southold
Zoning Code was amended to raise the minimum lot size in "A" Residential
and Agricultural Zones from'one .to- two acres.
On or about January 8, 1986 the petitioner applied for a (permit
for a division of the aforementioned parcel of property known as section
3, into three separate. lots. On January 16, 1986 the application was
denied by the building department because it (1) created lots of
insufficient area; (2) the lots did not have the required depth; (3)
lots 2 and 3 contained buildings that did not meet the principal use
requirement of one family dwellings, and (4) the barns on 'lots 2 and 3
' Page -2
were insufficiently set baun from the proposed front yard property
line and bounding line dividing parcels 2 and 3 running North and
South. On or .about February 6, 1986, the petitioner appealed the
decision of the building department and .requested the a '
ppropria$;e
variances to correct the noted deficiencies. A hearing was held on
March 5, 1987 and the application denied on March ll , - 1987 based upon
a finding that (a) "the difficulties claimed are not sufficient to
warrant a granting of the relief requests; (b) the percentage of relief
requested is substantial in relation to the zoning requirements, being
a variance of at least 45% for this proposal of three lots; (c) the
difficulties claimed are self-created; (d) the lot area requirements, have
been in effect prior to the conveyance in title of this property to the
applicant; (e) there is. another method feasible for appellant to pursue
for minimal relief; (f) in view of the manner in which the difficulties
arose and in considering all the above factors, the interest of justice
will be served by denying the variance, as applied. "
It is this determination that the petitioner requests the Court
to annul as illegal , arbitrary and capricious.
In his papers in support of the application, the petitioner
contends that the variance should have been granted since he will suffer
serious hardship if he is limited to one lot of three acres and the
difficulties that arose were not self-created but due to his charitable
intentions to benefit the public.
"It is well-settled that reviewing courts are not empowered to
substitute their judgment or discretion for that of an administrative
agency merely because they are of the opinion that a better solution
could thereby be attained (Matter of Robert's Runninq Creek Mobile Park v.
Landolfi , 56 A.D.2d- 933, 934, 392 N.Y.S.2d 704 aff'd 44 N.Y.2d 771 , 406
N.Y.S.2d 37, 377 N.E.2d 481 ) . Where the record supports a Board' s
determination for which there is a rational basis, the reviewing Court
Should not interfere With that determination absent clear illegality
(Matter of North Ridge• Enterprises v. Town of Westfield, 87 A.D.2d 985.
986, 450 N.Y.S.2d 112, aff'd 57 N.Y.2d 906' 456 N.Y.S.2d 763, 442 N.E.2d 1274) „
Peconic Bay Broadcastin2 Corp. V. Board of Appeals , Town of Southampton.
99 A.D.2d 773, 775, 472 N.Y.S.2d 21 , 23 (2nd Dept. , 1984) see also Carvan
V. Kern, 41 N.Y.2d 591 , 394 .N.Y.S. 2d 579, 363 N.E.2d 305 (1977) ) .
Page -3-
Despite the fact that the Court may sympathize with the
petitioner' s plight, it is satisfied that the record does not indicate
that the Zoning Board of Appeals acted in a manner that was in any
j
.way arbitrary, unreasonable irrational or illegal and therefornr , will
not disturb its decision.
J.S.C.
SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI
ATTORNEYS AND COUNSELORS AT LAW
456 GRIFFING AVENUE,CORNER OF LINCOLN STREET
P.O. BOX 389
HOWARD M.FINKELSTEIN
RIVERHEAD, N.Y. 11901
PIERRE G.LUNDBERG
FRANCIS J.YARABOSKI
FRANK A.ISLER (516) 727-4100 REGINALD C.SMITH
SUSAN POST ROGERS FAX (516) 727-4130 1ez�-1ea3
GAIR G. BETTS
t r .
January 6 , 1989
Gerard P . Goehringer, Chairman
Southold Town Zoning Board
53095 Main Road
Southold, New York 11971
Re: Mandel v. Zoning Board
Dear Mr. Chairman:
We are pleased to report that the Appellate Court has
affirmed that the lower court' s decision which sustained
your Board' s determination in the Pove mentioned application.
A copy of the Court' s decisionfRAIN�K
closed.
ruly yours,
C, v
A. ISLER
FAI :knm
Enc.
cc James A. Schondebare, Esq.
MATfiER OF�MANDEL;ap(Southold`
TowwBoard of.-Appeals,res)-'-In a pro=�Str•.
ceeding pursuant to CPLR article 78.to re-'.
view a determination of the Board of ion• ...
ing Appeals of the.Town.of Southold d$teC;
March 5,1987 whlgh:denied the petition; ;
er's application for an area variance;the
petitioner appeals from a judgment of the-; :.
Supreme Court;Suffolk.County(Gerard;°'
J.),entered.June 17,1987,which dismissed
'.the proceeding 7,1
,•..,•,...,;;;
Ordered that the judgment is alfirmed,
with costs. .
;r.+The pedtiorieris thesowner of real prop—
erty,locate&W.East Marion in the Town of
Southold for permission to subdivide-the
subject property Into three'sections:The.
Planning Board approved the subdivision."
'of sections one and two into 49 one=acre''^.. --
lots which sadified.the'minimum lot'slze';': Based upon ourreviervot the record;the:
requiarement of the Town of Southold Zon• Supreme Court properly dismissed the,;;:....
Ing code for the'area in which the property; proceeding since it has:not been shown'''��
was located.Secition three,hoW&pr,was;,... that the Zoning Board,Qf.Ap1 ls.erred W.
not submitted for approval since fire pets denying the petltprig an;area variance
tioner was in the process of dedicating a (see,Conley v;Q)v l f Brookhaven ion
portion of that secition to the East Marion ,. ing Bd;ol'Appeals;q0�f Y2d 309,312,Mat f
Fire District Subsequently,on Sept'.13,° ; ter of AMelrod K ZQn�ng Bd::of Appeals of t
1984;the petitioner deeded a parcel of ap, Vil:.of,f.4R Jeftgt pn,340 AD2�147)•The `.
proximately 10,000 squ�}rg(tier to thg Fire j evidencg"presented to the Zoning Board of
D[strict. ' ' ; Appeals�by ttje petitioner failgd tp demon
In May 1903 the Town of So4thhold Zap strata ttiabdenfal.Pf thg•varlance 'Woult} . ,
ing Code was amended to fnc[ease the' r , "resµlt in,the.lnflictfon.of elthCr'algniltcaltt y'-
lotsizefrproperyminimum the Am,,, economic pajtlship orpractical doff icult'�
of the petitioner's parcel from one acre 10 j r_(Matter;gf Cowan X,Kom,,41 NY;t1591,
.•.two acres: �?59ti;retg,denled;,92.1VXd 910;seg Also,;i;.
On Jan.15,.198(i,the petitioner applied. Human.Do ,Servs`.,pf:Port Chester v Zggr 1;
,.to the Building Department of the.Town of.: ' ing DO.Of Appeals pf Vil.of Port Chestgr, �:
Southold for a permit'to subdivide section'. ':l lq AD2d;1<35;140,.affd 67 NY2d 702,ll+t0
three into three lots.Due to the Insufficient,'., .iter bl.sorrentl v:Siegel;1313.1�. .382) .
area of each individual lot under the ' ; ''•.Thus,,the-denlol of the;appliclf lan.by the
amended zoning code,the building depart ZQfng Board pf Appeals has a.ratlonal ba ,
ment disapp[ovid.the proposed subdivf*„ sls and will not be disturbed(see,lVf}4ter
sionTh. .pu4 . inFnp .,.fifflthe,'•"' IofFuhsi~v�FoleXr45�VY2d,a¢1r�Wi4),r..sk�..�xr,....:
of t e bn n ee In
area variance...',t:s
Following a hearing,the.ZonlnjT,Boa[d of
-Appeals denied the petitipper'e appli�ey
tfon;concluding in relevant'part'that.A
The'difficuities clMmed were.lnsufficfenttq
warrant the relief.requested;b,the per
centage of relief requested tvag.pubataR]del
•an.relation to the Toning requirements,,c,,.�;; .
<,the difficulties claimed Oy.ttle titloner`''
were'self-created;d.i thp[e was another fea-
;. sibie alternative for the petitioner to pui-,.i:�
=;sue in order to obtain minimAl,relfef,and e.`
..:the nterests of justice.would'be seryed
:.denying the variance as applied for.,'., p;;;;
—'Significantly,"the Zoning Board of Ap=`
peals noted that"(a)plan could be submit-.
i., ted under the'circumstances for Gtsuffi=
cient aiea of two parceN,'as an alternative".'
for consideration:'..'..:'
The petitioner commenced.the Instant A....
CPLR article 78,proceeding to review
denial ofhis application.The Supreme
Court dismissed'the'proceeding on the.
ground that the determination of the Zon=`;;
.,.ing Board of Appeals was not arbitrary or:,,
capricious
.We affirm.,.
COUNTY OF SUFFOLK
a$ , nn �r�
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING 360-5513 LEE E.KOPPELMAN
DIRECTOR OF PLANNING
March 20, 1987
Town of Southold
Zoning Board of Appeals
Applicant: Mr. Herbert R. Mandel
Mun. File No. : 3462
S.C.P.D. File No. : SD-87-9
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the
Suffolk County Planning Commission is considered to be a matter for local deter-
mination. A decision of local determination should not be construed as either
an approval or disapproval.
Comments: Appears inappropriate as sufficient information has not been submitted to
demonstrate compliance with applicable variance criteria.
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,L.I..NEW YORK 1 1 788
(51 6)360-51 92
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809 ,
I,
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 and
100-30A
Variance from Determination of Southold Town Building Inspector ` f
Special Exception , Article Section
Special Permit
Appeal No . : 3462 Applicant: Mr. Herbert R. Mandel
Location of Affected Land : 9355 Main Road, East Marion, NY
County Tax Map Item No . : 1.000- 031-03-11.25
Within 500' feet. of:
Town , or Village Boundary Line
. Body of Water (Bay , Sound or Estuary)
XX 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 .
variances for
COMMENTS: Applicant is requesting RffN§)bqRRx x�ts havin insuff
lot area, depth and width (b) Lot 3 with structure having insuff. frontyd.
setbac c Lots 2 & 3 ,will contain structures that do not meet principal-
use requirement for single-family dwell. (d) Existing barns on Lots 2 & 3
Copies of Town file and related documents enclosed for your review.
will have insuff. setbacks 'from proposed frontyd. property line.
Dated : March ,12 , 1987
Secretary , Board of Appeals
s
Southold Town Board ®f 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.
ROBERTJ. DOUGLASS March 11 , 1987
JOSEPH H. SAWICKI ,
Abigail A. Wickham , -Esq .
Wickham , Wickham & Bressler , P . C.
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3462 - Herbert R. Mandel (Variances )
Dear Gail :
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 .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to
Planning Board
Building Department
Suffolk County Planning Commission
��5��f O�coli
o y
Ln Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
i
APPEALS BOARD February 5, 1'987
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.Q.R.A. '
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO..: 3462
PROJECT NAME: HERBERT MANDEL ---
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.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Area Variances for proposed three lot
minor subdivision
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 9355 Main Rd. , East Marion, NY 31-03711. 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;
(2) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
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.
(3) The relief requested is not directly related to new construction
being a lot line or area variance as regulated by Section 617. 13 of
the S.E.Q.R.A.
-' LAW OFFICES
WICKHAM, WICKHAM 8& BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER 516-298.8353
ABIGAIL A.WICKHAM
��,VVVLLL 111
FRANKLYN A.FAR RIS
OANIELC.ROSS
November 25, 1986
Suffolk County Department of
Health Services
Wastewater Management Section
Suffolk County Center
Riverhead, NY 11901
Re: Realty Subdivision Application - H.S. Reference Highpoint
at East Marion
Gentlemen:
Pursuant to your Notice of Incomplete Application dated
July 21, 1986, we enclose three (3 ) final maps showing test
well and sewage details. Also enclosed is a check to your order
in the sum of $13.50.
Please advise if any additional information is required.
Sincerel yo rs,
igail A. Wickham
AAW:ab
Encs.
cc: Mr. Herbert R. Mandel
443 Main Street
Greenport, NY 11944
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
F our
`®�
Southold Town Board ofAppeals"A
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 August 18, 1986
JOSEPH H. SAWICKI
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3462 -- Herbert Mandel (Variances)
Dear Ga,il:
Pl;ea,s:e let; thus• confirm our telephone conversation with
Ellen,.today -that the Board has reviewed your letters dated
August 12th. and July 22nd concerning the above application
and it is the board' s, position to hold this matter in abey-
ance pending preliminary/'final action by the Department of
Health. Services in accordance with the policy and rules
under Article 'VI, without exception.
Yours very truly,,
ZIOEHRNGER
x
ERARD P.
CHAIRMAN
lk
LAW OFFICES
WICKHAM, WICKHAM &. BRESSLER, P.C.
MAIN ROAD. P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM _
ERIC J.BRESSLER
516-298-8353
ABIGAIL A.WICKHAM
FRANKLYN A.FARRIS 7� VIn
DANIEL C.ROSS August 12, 1986
Southold Town Zoning Board
of Appeals
. Town Hall - Main Road
Southold, NY 11971
Re: Appeal 'No. 3462 - Herbert Mandel
Hiahpoint at East Marion. Section III
Gentlemen:
We would like to again request a hearing date on this
application. We understand that you are hesitant to grant a
hearing date until you have a very good indication that
Health Department approval will be obtained.
We have previously furnished you with proof that the
test well and test hole results were satisfactory to the
Health Department. The only further requirement is the
preparation and filing of the final map showing septic
system diagrams and test locations, coupled with an
extremely long waiting period due to the backlog in the
Health Department. The final approval is merely pro forma
once the water and soil tests are approved. It is primarily
the water test and secondary test hole results to which the
Board of Health looks to determine subdividability. Of
course, they also look at lot area, but we do meet their
40, 000 square feet per lot requirement.
our surveyor would prefer not to .finalize the maps for
Health Department purposes until we know that the Town is
satisfied as to the lot layout. Otherwise, we are
essentially putting the cart before the horse.
I therefore request that you reconsider your decision
regarding scheduling of a hearing date.
Very t .uly yours,
Abigail A. Wickh
AAW:emu
cc: Mr. Herbert R. Mandel
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONC7 ISLAND
NEW PORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER
ABIGAILA.WICKHAM 516-298-B353
FRANKLYN A.FARRIS
DANIEL C.ROSS
July 28, 1986
Southold Town Zoning. Board
of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Appeal No. 3462 - Herbert R. Mandel
Highpoint at East Marion -Section III
Gentlemen:
In accordance with your letter of February 10 , 1986, we
enclose a copy of the Certificate of Pre-existing Use as to
the 2 .918 acres as a whole.
As stated in my letter of July 22nd, we would appreciate
your scheduling this matter for a hearing.
Very t my yours ,
e
Abigail A. Wickham
/emu
encl .
CC : Mr. Herbert R. Mandel
. TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NE"' YORK
CERTIFICATE OF OCCUPANCY
k�'�kCONFOR1X1ING PREMISES
THIS IS TO CERTIFY that the
/X Land Pre C.O. #- Z14702
63( Building(s) Date- July 24, 1986
/XJ Use(s)
located at 9395 Main Road, East Marion, New York
Street Hamlet
shown on County tax map as District 1000, Section 031 Block 03
Lot 11.25 doesLnot)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
meets requirements of todays zoning
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above xxmconforming /x/Land / x/ Building(s)
/X /Use(s) existed on-the effective date the present Building Zone Code of the
Town of Southold, and may be conti^..:ed pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows:property contains a two story, one family, wood
framed dwelling; two accessory barns and a garage and all situate in the
A-Residential Agricultural zone with access to the Main Road; a state
maintained highway.
{ The Certificate is issued to Herbert Mandel
(owner, Azxxxxxxx )c .
of the aforesaid building.
Suffolk_ County Department of Health Approval N/A.
UNDERWRITERS CERTIFICATE NO. N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises HAS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
t to certify that the premises comply with all other ap If ble codes and regula-
tions.
11,uiiding inspector
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
joc.
FRANKLYN A.FARRIS
July 22 , 1986
Southold Town Zoning Board
of Appeals
Main Road - Town Hall
Southold, N.Y. 11971
Re: Hi.gh'po rit`- `Section 'Three
Gentlemen :
Enclosed is a notice from the H_e.a;lth._D.epartmentdate.d,
July 21, 1986,, which indicates that our preliminary submission
is complete. Specifically; the test-hale. results and"test=wel"1
samples are satisfactory. In order to obtain final approval;-""
`the notice~adv saes that�we will have to supply final maps with
full sewage disposal details. This information is not usually
put on the map until the town has approved the lot layout. In
fact, the preliminary work is not usually done until after
sketch approval, but we did. initiate the application early at
your request.
I believe that, at this point, we have shown sufficient
compliance with Health Department standards to obtain approval
once the pro forma details are shown on the map.
We have, again, reminded the Building Department to
forward the Pre-Existinq Certiifcate of Occupancy_and_expectit,
Therefore, I would appreciate your scheduling this matter
for hearing.
Very truly yours,
o,
r
AAW:mzc Abigail A. Wickham
Encl.
„ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
WASTEWATER MANAGEMENT SECTION
SUFFOLK COUNTYiCENTER
RIVERHEAD, NEW YORK 11901
NOTICE OF INCOMPLETE APPLICATION - SUBDIVISION
Your preliminary/final plan submission for the below referenced subdivision or development has
been reviewed by this office. This office will re uire the foll wing for further review:
TO y�, h• w: DATE: /zb H.S. REF. :
Ve
D ZONE NO. : TOWN: ' fGt�t'toy`'
-Preliminary Submission”
_❑Signed .Applications {enclosed).
O WWM 023 (Application) p WWM-024 (EAF) ❑ Paper Prints O Topographic Survey";
Test Holes Located and Witnessed By:
SCDHS: nspe' ctor. Call 548=3312 .for aPP O P.E. L S ' as ' a locati
they ru/ p o ins ctions.
Test Well
_. Located & sampled by -representatve of this"office Cali 348-2895 for.appointment.
!.,:(Test we does. not 'ndicate waver f re i ement fo c nec ion to public water).
'OtFier 3; LA
❑ Public. water availability and cost letter from local water d i s t r t.
❑ Public water contract or covenant for extension of public water.
❑ Public sewer"availabil,ity letter from local sewer district.
Final Submission
how on Final -Maps:
O Test hole locations/details (Sewage disposal locations/details for
ATest well "l-Qc&•aas/ a s typical lot
U Sewer line locations CT s, stamped O Water main locations/details
and approved by local sewer district P.E. 's/L.S. 's signature and seal
The following •is :required prior to continuing review:
O Board of Review determination letter. O Non-compliance notice enclosed.
O Wetlands permit or determination letter from NYSDEC. . �.
0SEQRA determination letter. from.-Town/State': ' �`
Film fee check of 44.50 : er lot at:time:of submission.
g p /3 �� R�
Covenants. For Approval Recorded. Copy Instructions enclosed` r
O Other.
ADDITIONAL INFORMATION MAY BE REQUIRED PRIOR TO FINAL APPROVAL.
PLE Sg RETURN .VCOPY OF THIS FORM WITH ANY RESUBMISSION.
cc: /� -;-Z� Reviewer
wwrn_n?j; Iaa., i ia0 . -
18-977:4/86 {j
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952
ERIC J.BRESSLER 2>169
ABIGAIL A,WICKHAM 516-298-8353
FRANKLYN A.FARRIS
February 25, 1986
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
Re: Application for Variance - Herbert R. Mandel
Highpoint at East Marion Section Three Inc.
Appeal No.: 3462
Gentlemen:
With regard to your letter of February 10, 1986, we enclose an
amended notice reflecting all five variances.
We have asked Young & Young to apply for Suffolk County Department
of Health approval. One of the test wells for the Section Two
subdivision was located on this property and the well approved, so we
anticipate obtaining Article 6 approval. We therefore request that you
proceed with the variance application making any decision subject to
Article 6 approval.
We have applied to the Planning Board for the approval of the
subdivision, which would also encompass the right-of-way. It has been
our experience that where a variance is required, the Planning Board
does not wish to proceed until your Board has rendered its decision.
The Planning Board has reviewed this proposed subdivision with Mr.
Mandel and has asked him to pursue a variance. I enclosed a copy of. a
letter dated October 11, 1985 from the Planning Board.
We are applying for a Certificate of Pre-existing Use for the
buildings on the property.
Very truly yours,
Abigail A. Wickham
AAW:emu
encls.
�F
jP � � O� DT D
Y
Southold, N.Y. 11971
(516) 765-1938 -
October 11, 1985
Mr. Herbert Mandel
443 Main Street
Greenport, NY 11944
Re: Proposed Highpoint at East Marion
Section III
Dear Mr; Mandel:
Please let this confirm our conversation of October 8,
in response to your letter of September 20, 1985, which has
been reviewed by the Planning Board.
The Planning Board cannot take any action on your proposal
for three one-acre lots, unless a variance is granted, since it
is not conforming to the current two-acre zoning.
It is the Planning Board' s recommendation, however,
that this area be. zoned one-acre under the Proposed Master Plan.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
? M-sr6vba, . -
By Diane M. Schultze, Secretary
F �0
1t1 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. DOUGLASS
JOSEPH H. SAWICKI February 10 , 1986
Abigail- A. Wickham , Esq .
Wickham , Wickham & Bressler , P . C .
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3462 - Herbert Mandel (Variances )
Dear Gail :
In reviewing the above application recently filed at
our Regular Meeting held February 6 , 1986 , the board has
requested :
P °LI (1 ) that the neighbor notices be corrected to reflect
.-A,6AP,06all five variances as disapproved by the Building Inspector
on January 16 , 1986 ; [please re-submit] ;
(2 ) that you proceed with the Suffolk County Health
Department for Article ! VI Subdivision approval , and furnish
us with their action as soon as available ;
(3 ) that you proceed with the Planning Board for
y both approval of access since the right-of-way in question
is within the boundaries of the subdivision lines , and for
$� subdivision approval , and _furnish us with their input. and/or
g•'�' action as soon as available ;
(4 ) a copy of a Certificate of Occupancy or other
written document from the building department as to the
t \02 . 918 acres as a whole and its uses as exist-and whether
\��� or not they meet today ' s regulations .
Please don ' t hesitate to call if you have any questions .
Yours very tguly�
GERARD P . GOEHRINGER �f
Enclosure CHAIRMAN
cc : Planning Board
Building Department-
.
P A1�NUI B(�'ysA� D
/1,.,. a ��`
T �W 6r SOit ~LD
TY
Southold, N.Y. 11971
(516) 765-1938
March 4, 1986
Abigail A. Wickham
Attorney at Law
Wickham, Wickham and Bressler
P.O. Box 1424
Mattituck, NY 11952
Re: Minor subdivision for
Herbert Mandel
Dear Mrs . Wickham:
The following action was taken by the Southold Town Planning
Board, Monday, March 3, 1986.
RESOLVED that the Southold Town Planning Board refer the
following comments and notations regarding the subdivision
proposal of Herbert Mandel, located at East Marion, to the
Board of Appeals :
The Board noted that the proposed subdivision is in an
area recommended for one-acre zoning under the proposed
Master Plan, however it is not conforming with the
current zoning.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI JR. , CHAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
L,el. Board of Appeals
NOTICE OF BEARINGS,,,!�4".f''.
GIVEN pu rsuant.to'Section"267
of the Town Law'and the Code,of,:;
the Town of South'old,Ae'follow-"`",}
ing public'liearings'willb6 held';
by the 'SOUTHOL'D'"',.TOWN
BOARD OF APPEALS;'at'the'''
Southold Town Hall,Main Road;. `:I
Southold,NY at a Regular Meet'`";
ing, . THURSDAYj%:":,FEB-
• RUARY 5;1987 at the followin i
g'iltimes: •.' „ : .-,:; ..•, .;5,;; { i
7:35 p.m.'Appeal No.'3601
MARGARET AND JOSEPH' -
BEST. Variance'to the Zoning
Ordinance, Article XI, Section ?
100-119.2.for permission to on-
struct_addition at the_southgrly
side of existing dwelling with an r ii
insufficient, setback from proposed frontyard'propertyiine
khead along tads!;water..area, 3 •(and'boundary� line,' dividing
and to Section ;100-31, Bulk. Lots 2 and 3 running north and
Schedule,for an insufficient,set-':: south). Location' of Property:
back from the real property line,,' •: . 9355 Main Road, East Marion; STATE OF NEW YORK )
.at premises located along the'.: County .Tax Map':Parcel No.
south aide of a private right-of 1000-031-03.11.25. Containing ) SS'
way (extending off the east'side 2.918 acres.
of Camp Mineola Road), Mat. COUNTY OF SUFFOLK )
tituck, NY; County•Tax,Ma 8:05 p.m. Appeal No:3590 --
Parcel No.1000-123-66-17. , THOMAS , J•. AND
7:40 CATHERINE ZIMMERMAN.- Carol �g�r t + a
p.m.IS. CO No. 3599 =- Variance to-the'.Zoning Ordi- of Greenport, in
SAMUEL S. CO No.
Vari- Ordi-
nance, Article XI, Section 106- said County, being duly sworn, Says that he/she is
ance to the Zoning Ordinance,••. 118 E fo'r
Article III, Section 100-32 for addition to exist existing onf rrm-,mission to construct, Principal Clerk of THE SUFFOLK TIMES, a Weekly
permission to construct acres- ing structure which exceeds 50%':
sory garage structure.'for stor of fair value of same as exists;at Newspaper, published at Greenport, in the Town
.age and garage purposes,in the 265 Rochelle Place,",Mattituck- of Southold, County of'Suffolk and State of Now
front and side yard areas,pram NY;County Tax Map Parcel No.
ises located'along the south aide 1000-144-04-09 and 08.Contain- York, and that the Notice of which the annexed is
of a private right-of-way (ex- ing.60ofanacre., '' a printed copy, ha
S been regularly,published in
tending off the south side of In. 8:10 pp '''
dian Neck Road), Peconic, NY P m• A sal No. 8604 =•. said Newspaper once each week for one
County. Tax Map Parcel. No• LANI.RVarAia D E puEsuant I two
1000-98-5-18. weeks successively. Commencing on the
7:45 P.M. Appeal No• 3598':.., New York,Town Law,'Sectionipo day of_ January 19$Z DANIEL AND IRENE,. 180-a,for approval of access over
McKASTY. Variance to' on. Private right-of--way (presently,,
struct"swimmin owned other pre b Eileen Villani) to �—
enclosure and cab na with
within 75 '.. identified asmiseCounty s of aT ica'P _
feet of existing bulkhead alone
g Parcels No:1000-86-6-30&10.
tidal water, requiring a,Vari-
ance to the Zoning.Ordinance,. 8:15 p.m. Appeal No..3596 - PfinCl a Clerk
TARTAN.OIL.CORP. Special, L
Article XI, Section 100-119.2. Exception, to the, Zoning.Or'-
I '/
Location of Property: ; 13220
Main Road, East Marion; NY; 100 70B (4&�5) for,permission. worn to ® ore me this County Tax- Map Parcel :No:.., day of _ 19�[
1000-31-14-12: to establish a partial self-service /
7:50 p.m. A gas station in conjunction'witli MARYK.OEGNAN.
Appeal No• 3595 - full-service as station a 140TARY PUBLIC,State of New York
DONALD J. GRIM. Variance 6/29/72 under A 1. ppo�ed /� GN��� � Suffolk County No.4849 60
to the Zoning Ordinance;'Articl r No. 1584." /C Term Expires Febfuary
IX Section 100-90, 100.93;Bulk 8c.Peon cProperty:32400;C.R./ o
Schedule, for'permission to con NY;'County Tax; -
struct two-story building for of- &7p Parcel No..1000-74-4-7.1 (6
fire 'use incidental to principal 8:25. m. A ' '
use of the premises with an in:' • ROBERT, AND No. ELL=-
sufficient.frontyard setback'in DIER:Special ExceptionEo he
this"C-l"Heavy Industrial Zon- Zoning•:Ordinance; Article. III,
ing District. Location of Prop_.. .` Section 100-30B foi'permission
erty: Lot No. 2, Minor Subdivi-- `to,establish ."Accessory Apart-
sion No.450;South Side of Ore ,' menf;in existing garage area in
Con .Road, Cup Paj e;`::.NY �accordance, with,;the-..iequire-
County Tax Map Parcel,.No ments of Subsection 15,thereof.
1000-83, 3,part of Lot 4.4'Con-
Location of Property'.855.,Terry ,
twining 4,59 acres.. Lane,Southold;NY;'County Tax
7:55 p.m. Appeal No:3462 -- Map Parcel No.1000-65-7-20.
HERBERT R. .MANDEL :' The; Board of
ll
Variances to the Zoning.,prdi;;", hear at said time andd pll ce all
nance; Article III,Sections 1jO';
' ; persons or representatives desir 30A, 100-31, Column A-80 ing,to be'beard in each of the
suiting from this proposed th ;- above .hearings. Each hearing
lot Mina Subdivision "H ' will not start before the"time al-
Point at East Marion'•Sectlotted.`'Written ,comments.may
Three, Inc." for: (a) lots havbe submitted priox to the conclu-
insufficient lot area;(b)lots heiop of the subject hearing.,For
ing insufficient lot depth;(c) ` more information;;please. call
having insufficient lot width; 765-1809.
Lot 3 as proposed with structuDated:January 24,1987•
having an insufficient frontya BY ORDER OF
setback;(e)Lots 2 and 3 as pro ' THE SOUTHOLD TOWN
used each will contain structur : = BOARD OF APPEALS
hatdonot meet principal-u ' ;; GERARD P:C'OEHRINGER,
equfrement for a'single-fami '4; CHAIRMAN
!welling; (f) existing barns Linda Kowalski,
ots 2 and,3 as;RrAm1k0l:µ' Boar Secretarinsufficient setbacks fro '1T.129=5'4Jti'
.. nD
the'sown Law:anditheCodeof.,'9 V' ' "`
the Tbwn;r,:of r SQutltiold;: the" 1 STATE OF NEW YO R K ss
following public lteaiings.`.will be'.
held by!r,the 'SOUTHOLD?!'''
TOW APEE
at,,ths �Squ��hPd.;;T� ..
Patricia Wood, being duly sworn, says that she is the
Main ad;;Southold, Yat'aa_'!s Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
0 FEBRYejng;THURaf t e,;,j a public newspaper printed at Southold, in Suffolk County;
FEBRUARY 5;' 1987, at' t e
ollowing Ames: ,',,•: >'{, '.";?7 and that the notice of which the annexed is a ranted
7:35 p copy,
p.R Appeal DOSE has been published in said Long Island Traveler-Watchman
MARGARET AND JOSEPH �;�•; /
Variance to t e Zoning once each week for . . . . . . . . . . . . . . weeks
Ordinance, Article XI;Section',.
100-119.2 for
tionatthe,s ttherl .i. successively, commencing on the ��
con-
struct addition at the,southerly ` • • • . . . . . . . . . . . . . . . . .
side of existing dwelling with an.�.%
insufficient setback :'from day 9
bulkhead along tidal water area,` '
and to Section 100-31;,;Bulk;,
Schedule,for an insufficient set--,..') / J
back from the rear property fine,,. ' . . . . . . . . . .
at premises located.'along'the ,
south side of a private right-of-
way(extending off the'oast side ;'t
of Camp Mineola Road),Mat, 9 ,
tituck, NY;.County<,Tait' Map' Sworn to before rYie this . . . . . . . . . . , day of
Parcel No. 1000-123-06=17: '
7:40 p.m. Appeal No:,J599= 7
yr 11Y f r.y, .}, '/
SAMUEL S.COHEN.Wflance E : 8:OS,p:m Appeal No �591(J 19 . . . . .
to the Zoning Ordinance,t`Aiti- ' ,''rTHIt)MAS " 'rJ:aN {`: AN9D
cle III, Section 100-32'foc per;;,'' .,f';CATHERINE ZIMMERMAN,. .'
mission to'construct accessory., ;. ',Varian'ce,•to�,the..•Zoiiing:Or-
garage structure,for storage and 'din4nc,j'i Article XI;?;Section
garage purposes, in front;'and 100-118E for,perimssion to con �`�G�-•
side yard areas,premises located" '''='struct addition.to ezisting'non;;;; ' ' ' ' ' ' ' ' ' ' '
' ' `` Notary Public
along the south side of a private' . <+.',,.'conforming struciure.,Whwii ex ,,0
ri ht-of-wa extendin off the ;: `;;y:c,94 59%of fair walue`of,same`;.,
south side `of'.Indian'.Neck#.t u;:as exists,at 265 Rochelle Place;
Road),Peconic,NY;County mLi',I r,Mattit`uck; .'NY;,,County, ? P.ARI?ARA PORn£�S
Map Parcel No. 1000-95-5-18:i�`'' `�Map Parcel Nor 1000-14404'-09`"' Notary Public, State of New York
7:45 p.m. Appeal No. 3598 i ',and 08.'Containing.... an,acre",::,j No. 4SOG346
DANIEL` !AND ;:'IRENE`_'"'I; ;,;;''8:10'p.m:.Appeal No:!3604` (Zealified in Suffolk County
cl(jaa Variance.to,con=
�`^ ';.ROBERT AND � - Commio:sion Expires 3/ 19 ems"
EILEEN:'"
struct swimmingpool with fence';';`'';#VILLANI.Variance pursuant to;;
enclosure and cabana within 75.' ,' ;New;iYork,Town Law,:Section"
feet of existing bulkhead along ;280-a,'for approval of access'•
tidal water,requiring a Varianceat, over 'private , right-of-way
to the Zoning Ordinance, Anti- 'j;;,,;• (presently, owned by-;Eileen
Cie XI,Section 100-119:2. Luca-'t'�',,,Villani)along the' side'of In=
tion of Property: 13221)Main. ;r,i'dian�;Neck,'Road,,Peconic, to .
Road,East Marion,NY;Coup''''�,£'I-i`!`';other prenuses'of the applicants';',,
ty Pax Map Parcel':`No '.}-; identifJed as County„Taz'Map'.
1000 31-14-12: -'' ; ' :"'ParcelsNo''1000=86-6-30;& 10.11 '• .
7:50 p.m. Appeal'No'3595 !'`. 8;15;p-m.'Appear No:>•3596-:
DONALD J. GRIM .Variance, 1 ",.TARTAN OIL',CORP.''Special.•,•j
to the Zoning Ordinance, Anti-!. ;.Excepton'�to the Zoning' Or
cie IX,Section 100-90, 100.93A .;: dinance,i Article.,VII;•.,Section.
Bulk Schedule, for permission -!!•,;t00-70B(4•&_5)Ifoi•,.permission;,;,,
to construct two-story building,:,•.t" ,to establish a partial self='service
for office use inadental'to pnn ` , gas'stahon;in conjunction,With
opal use of the premises with an �;;,full-servlce;'gas station'appr6v-`,'�.
insufficient frontyard setback in:1 ed`'6J29L7,2';under'App1r No.
this "C-1';',.Heavy Industrial.•�'.': 1584;'�;Locaiion�`,;of•::Property:';
Zoning District. Location:<.,of r. '3240'0,,;.C;R:.48 Pecoiu' Y'
Property:Lot No.2,Minor'Sub j`!,,'•.,Count ;:;lix'Ma e'
division No.450;•South side'of.`; "';, 1000-74•-4-7.1 (6&7).
Oregon Road;Cutchogue,N.Yi;Y` •' +`:8:25';p.m:'Appeal No•.'•3597.-
County Tax' Map Parcebi l-o: R013ERT AND HELEN DIER:
I000-83,3,part.of Lot 4 4 Con i t xception ao-
taining 4.59 acres g.0 dinaric 'Article liI, c-
7:55 p.m. Appeal No`:3462;:, ,_ Jpon`100.30(B)for'permission t&_:
HERBERT R.,; MANDEI,. ; establish "Accessory:,•Apart-'
Variances to t e Zoning Or,'-• E .merit",ineist mg:garage area,
dinance, Article III,;.Sections,,, 'r:`accordance `°witty,. the:t''•re !
100-30A, 100-31,Column•'A=80," ;�quirements of Subsection:;`15• -
resulting from'.this„proposed:_.. ;,3her6df;i Locati6n,6f•.fij6, t'
three-lot Minor`:,Subdivision;' ;;n355 Ierr Lane;':Southold;',NY
HighPoint'at East' Marion;:"' :`,County-., x:Map Parcel;No.'
'Section Three,Itic:for:(a)lots r 1000-65-Z-20.�
having insufficient lot"area, The Board of Appeals.-will'
lot" "'`hear'at'said-time and
lots having insufficient. lot' � place all• �
depth; (c) Lot' having insuffi a?arsons'orreprese3�tatfdesdlsif���,
cient lot width;'(d)Lot 3'as prod ing;td;be lieaFd�ih;eaclisf�thd':'
posed with structure having`a j,.j,1 `i,.above,;,}egrings.'Eacp_hea�ringtiw!
insufficient frontyard.setback; will:not,;start,'before;'the,,fime"
(c) Lots 2 and 3; as;'proposed',
; allotted.-Written'comments imy
each will.contain st uctures'that;,,,' 'also be•"submitted,prior`to:the
do not' meet 2principal`use: fie conclusion`of the subject'hear:,,
quirement for,;,a:single-family;`;• ing.,. Fo ;; more:'information,
dwelling;- please';call 765-1809:•(f)�;;ezisting,barns`'on�?� ...,, , •
Lots 2 and'3;asp o Dated::January 24,
,pr posW!4iTl
have insufficient',setbaeks'from' • ' `BY•ORDER:OF',THE,,•.
proposed frontyard`'property;• SOUTHOLD.TOWN"
line (and 'boundary;;lrne�, ` '130ARD OF APPEALS.."
PPEALS. !
dividingiAts,2 and:Yruhning',,' ',eERARD P:' GOEIIRINGER;i<,.
north and south):,Location of`;. :: `"' CHAIRMANi•
Property:935h;Main`Road Ens Linda Kowalski;
t�
Marion; County,Tlix Map Parcel Board:Secretary`:`_}
No: 1000-031-03-11.25 pagtau►
, ,
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
URARD 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 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 the're 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 4''- �,,�
G !Aff�'P : GOEHRYNGER
CHAIRMAN
Linda -Kowalski
Secretary and Board Clerk
Enclosure
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P-c.
- MAIN ROAD, P.O.BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
FRANKLYN A.FARRIS C- /January 6, 1987
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Subdivision - Highpoint at East Marion, Section Three, Inc.
Gentlemen:
Enclosed, please find portion of subdivision map for the above showing
approval by Suffolk County Department of Health Services on December 4,
1986.
Kindly schedule for hearing. Thank you.
Sincerely yours,
Abigail A. Wickham
AAW:ab
Enc.
Jn1 +�q t >'. A''Y:� S .. ► •>.-�{�.}a�"Y •y5 t A 'wi*•t� "5.s+*tl^' --,wwa. �-fP '`nk 4 C +. ..
�a t ,.•c. a,`,.... ;�. � ,tom Y r r-;• �...'t; - " �` �- '�. �_'�' ,.n`'�* .�''�`4- a'�+ � rck c5ir r�'-� � � d
.HIGHPOINT AT
.AST'. MARION'
SECTION THREE`-INC.
V.
,
p'
LOCATION. tdA? ..
1 =600
SUFFOLK COUNT`!DEPARTMENT OF HEALTH SERVICES F
Hauppouge,New York..
DEC 0'1986
7fils•-is to cerl'P/ t;:qqt t`o ; er^., d Arrangements for'water supply
grid sewage dis'".cS�dr
Of the' � tlU7 w:=h a tit:'^f — 3 lots
r were'approved c;1 tfr c" V-3 u. ie. T.��s� �rov:�s aI v�.��only in
the event said sv'rdivi ien plan•i5 ;.'!de y,il- w the Ccu-i4 Clerk ,
within(6) months cf t;', cats.
Consent is hereby Given fc, .he e r-, ca Vaich this
'endorsement appear's in tire Gfrce c'ti:ClClerkin cccordonce
with provisions of the Pub!. Hec:::� L�,r and:tlre.. uffolk. Covnty
Sanitary Code.
qXw nvir-onmental
. �;». :.,;,�,•; - tor�f.f: .Health
SUBDIVISION MAP
HIGHPOINT AT• EAST MARION ,SECTION 7HREE , INC.
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK 'COU NTY N.Y.
P
• z .
DATES NOV. 13 , 1986 5895
25 Q 25 - 50 - "l flo SuR`��'�
YOU NO ek p
SCALE I„ - 50� OSTRAND , RIVERHEAD,N.Y.
ALDEN , .. . . .B L.S. 4
HOWARD AIL YOUNG,NX S. L.S. LIC. NO.45893
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
r
TELEPHONE (516) 765-1809
. APPEALS BOARD
February 5, 1'987
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. S.E.Q.R.A.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3462 "
PROJECT NAME: HERB'E'RT' MAN'D'EL -- '
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 e-f-fect 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.
� . TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Area Variances for proposed three-lot
minor subdivision
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 9355 Main Rd. , East Marion, NY 31-03-11. 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;
(2) The property in question . is- not located within 300 feet of
tidal wetlands or other critical environmental area.
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.
(3) The relief requested is not directly related to new construction
being a lot line or area Variance as regulated by Section 617. 13 .of
the S.E.Q.-R.A.
ADJOINING PROPERTY OWNERS
Re: Application for Minor Subdivision
Herbert R. Mandel (Highpoint at East Marion, Section Three, Inc. )
Suffolk County Tax Map No. : 1000-031 . 00-03.00-011 . 25
Tax Map No. : Name & Address :
1000-031-03. 00-011 . 010 Lot No. 39, Highpoint at
East Marion, Section Two
Herbert R. Mandel
443 Main St.
Greenport, NY 11944
1000-031-03. 00-011.011 Lot No. 40 , Highpoint at
East Marion, Section Two
Herbert R. Mandel
443 Main St.
Greenport , NY 11944
1000-031-03. 00-011. 009 Mr. & Mrs . Steve Angelakis
29 70th St.
Brooklyn, NY 11209
1000-031-03. 00-011. 012 Mr. & Mrs . Petros Niamonitakis
460 83rd St.
Brooklyn, NY 11209
1000-031-03.00-011. 026 & East Marion Fire District
1000-031-03.00-019.000 East Marion, NY 11939
1000-031-03. 00-012. 000 Mr. .& Mrs . George Korisolakis
7901 Ridge Blvd.
Brooklyn, NY 11209
1000-031-03.00-020. 000 Mr. & Mrs. Steven Moraitis
7955 Main Road
East Marion, NY .11939
STATE OF NEW YORK : COUNTY OF SUFFOLK :ss:
HERBERT R. MANDEL, being duly sworn, deposes and says:
I am a real estate broker licensed by the State of New
York and have been dealing in East End real estate for the
ast `D years. I am fully familiar with real estate values
on the the North Fork, including East Marion. I am unable
o attending the Zoning Board Hearing on February 5, 1987
due to previous travel plans and make this affidavit in
support of my petition.
The proposed subdivision was originally contemplated in
1982 as Section III of a three section subdivision known as
High Point at East Marion. Section I and II were approved
and filed in 1984, and contain a total of 49 one-acre lots.
The delay in obtaining approval and filing of Section III
as to enable me to make a gift to the East Marion Fire
District of a 10, 000 square foot portion of the Section III
property. The Fire Department made a request for the parcel
n February 22 , 1982 but did not finalize the exact
dimensions and location of the property it wanted and obtain
approval of same until August, 1984. As soon as the Fire
District did so, the gift was made in September, 1984. By
that time, of course, two acre zoning had been enacted.
I an requesting a variance to create three (3) lots of
t least 40, 000 square feet. If I were to comply with the
0, 000 square feet requirement, I would be entitled to only
ne lot of 2 . 9 acres which has an appraised fair market
value of approximately $290, 000. In the event the three (3)
lots are approved, the total appraised value would be
approximately $350, 000. I would, therefore, suffer a
financial hardship of $60, 000 if this variance is denied.
The other items of hardship and reasons for the
variance will be presented at the hearing.
4iaoo
r Lion
Herbert R. M del
Sworn o before me this
day of 744. ,1987.
Notary Public v 2u CFo7(11<
' 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
February 6, 1986
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3462 application of
Herbert Mandel by Wickham, Wickham and Bressler. Also included
are accompaning. papers as outlined in the letter of transmittal
from Abigail A. Wickham, dated January 31, 1986.
Judith T. Terry
Southold Town Clerk
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 5I6-298-8353
FRANKLYN A.FARRIS
January 31 , 1986
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application for. Variance
Highpoint at Fast Marion, Section Three
Herbert R. Mandel
Gentlemen:
Enclosed are the following in connection with the above
application:
1 . Application, in triplicate ;
2. Original Notice to Adjoining Property Owners
with Affidavit of Service thereon;
3. Notice of Disapproval from the Building Inspector;
4 . Short Environmental Assessment Form;
5. Wetlands Letter ;
6. List of adjoining property owners ;
7 . Five prints of the survey;
8 . Copy of tax map ;
9. Check in the sum of $75 . 00 , representing the
application fee.
If any further information is required, please -contact us
as soon as possible.
. Very truly yours ,
Abi ail A. Wickham
/emu
encls .
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because .�.s
(a) Insufficient area: The lots all equal or exceed 40 ,000
sauare feet, in keeping with the lots in Sections One & Two of .-.this
subdivision which have already been approved and filed. Section
Three was not filed prior to the two-acre zoning only because applicant
could not lay out the lots until a gift of property to the Fast Marion
Fire District was accepted and completed. If required to comply with
zoning, applicant would be entitled to only one lot, which would be
a financial hardship as it would be awkwardly shaped and out of keeping
with the neighborhood.
(b) Insufficient depth: All lots have at least 185 feet of depth
which is more than adequate for a single family residence.
(c) Insufficient width: Lot' 3 is L-shaped of necessity due to
the shape of the entire parcel . It has sufficient width for :L.wo-,thirds
of the parcel.
(d)• Accessory buildings : In order to provide at least 40 ,000 square
feet per lot, the lot lines have to be drawn so as to create insufficient
set-back for the two barns . No plans have as yet been made for these
?s tr c thur�sh P but tl1e: Q� goc'd snor s & a��yic9nt d�9 F .Po 1Rnth�o. ��
e or s i create n is no share a pro r ie a ik� i i sh them.
vicinity of this property and in this use district because this is the third and final
section of a major subdivision which was commenced months prior to
the upzoning.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all lots are as big or larger than the
surrounding lots in the neighborhood. They conform to the proposals
as to area and width in the Master Plan. There is a bungalow colony
to the Fast of the property and business district to the West ,
neither of which will be adversely affected by the proposal .
STATE OF NEW YORK ) �
ss ............l... . .. .........�::ll�.. .................
COUNTY OF SUFFOLK ) Sig "cure
HFRBFRT R. NDFL
Sworn to this .......2.9.th............................. day of.........January............................... 19 86
•
Notary Public
AMOA11L A.fir'.#BCii HA•M
Notery Public,Stet®of New QPorlt
No.62 46,2871 n suffolh county
core mis.-clan r .iaires March 30, 1 sa,
ROVO TOWN OF SOUTHOLD, NEW YORK
FEB � L FROM DECISION OF BUILDING INSPECTOR APPEAL NO.J(40
Town C*k Southold DATE.:
TO,THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) ..........HERBERT.. R.....MANDEL...............of .....C 4-1.Maixi.-St;..... ........ .............................
Name of Appellant Street and Number
Greenport.:.............................................................New .Yor.k.................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ....January, ,,l(...... 9u...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
Wickham, Wickham & Bressler, P .C.
........................................................................I........
Name of Applicant for permit
of
Ma n... o:?a...:.. ,•.Q�.... Qz=;.. .42.4.,..Matta.tuck.....Rew..Yoxk.....................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X ) PERMIT TO DIVIDE
East Marion,
1. LOCATION OF THE PROPERTY Re,,j.dP_ntial S
Street Use District on Zoning Map
1 A
1000-031-03-01 . 25 ricultural
................................ ..............................................Current Owner Herbert R. Mandel
Tax Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Art. III , Sec. 100-31 Bulk Schedule Col. A 80 & Sec . 100-30 A-1
3. TYPE OF APPEAL Appeal is made herewith for
(X)� A VARIANCE to the Zoning Ordinance or Zoning Map
( X) 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 f !4 (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
( X) A Variance to Section 280A Subsection 3
(X)o A Variance to the Zoning Ordinance
is requested for the reason that applicant wishes to create three lots containing
less than 80 ,000 square feet, insufficient depth and width and build-
ings not meeting pr.incipal .use requirement as set forth in Notice
of Disapproval dated January 16 , 1986
Form ZB1 (Continue on other side)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of AMENDED
HERBERT R. MANDEL NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
East Marion Fire District
Mr. & Mrs . George Korisolakis
Mr. & Mrs . Steven Moraitis
Mr. ' & Mrs . PSStetrosgqNiamonitakis
Mr. &YOMU 5P,ESA EBY��/iN1 &' ICE:
1. That it is the intention of the undersigned to petition the. Board of Appeals of the Town of Southold
to request a (Variance)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: N/side of Main Road, East Marion, NY; SCTM#1000-031-03-11 . 25 ;
Bounded North by Lots' 39 & 40 , Highpoint at East Marion, Section 2 (Herbert
R. Mandel) ; West by Korisolakis and the East Marion Fire District; South
by Main Road, and East
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 undersi ned will request the following relief:Permission to subdivide the
property into hree lots h insufficient area insufficient dept, , in.s cien and
c g) ;
and containing buildings with insufficient set back from front yard and boundary line.
5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section s 100.-31 Bulk Schedule Col. A80 .& Section
EX] Section '280-A, New York Town :Law or approval of access over rights)-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; thai.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.
WICKHAM, WICKHAM & BRESSLER, P. C.
Dated: February 24 , 1986
v
Attysy for Peti ner Abigailis am
Owners ' Names : Herbert R. Mandel
Post Office Address
Box 1424 - Main Road
Mattituck, NY 11952
(516) 298-8353
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
:Bast Marion Fire District East Marion
New York, 11939
Mr. & Mrs . George Korisolakis 7901 Ridge. Blvd.
Brooklyn, NY 11209'
Mr. & Mrs . Steven Moraitis 7955 Main Road
East Marion, NY 11939
Mr. & Mrs. Petros Niamonitakis 460 .83rd St.
Brooklyn, NY 11209
Mr. & Mrs . Steve Angelakis 29 70th St.
Brooklyn, NY 11209
STATE OF NEW YORK ) -
COUNTY OF SUFFOLK) ss.:
ELLEN M. URBANSKI residing at ono #). Oak `Street, ;
Mattituck, .NY 11952 , being duly sworn, deposes and says th't on the- day
of FehraarA 119 gam deponent mailed a true.copy of the Notice set forth on,the re-
verse side hereof, dir cted 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. Mattituck, NY . ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
G `
ELLEN M. URBANSKI —
Sworn to before me this �J
day of VNPbcuQ," 1
Notary P I c
JULIE BAUERNFEIND
Notary Public,State of New York
No.4796275,Suffolk County
Commission Expires March 30, 1ky
.(Th.is side does not have' to be completed on form transmitted to adjoining
property .owners.. )
BOARD OF APPEALS. TOWN.OF SOUTHOLD
In the Matter of the Petition of
HERBERT R. MANDEL NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
- TO: .East Marion Fire District
PROPERTY OWNER
Mr. & Mrs. George Korisolakis
Mr. , & Mrs . Steven Moraitis
Mr. & Mrs. PgetrosAN�ieamonkitakis
Mr. YO ARE HEREBY GrvEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) �a[ tX�( R ;�liXiXX
)
2. That the property which is the subject of the Petition is Located adjacent to your property and is des-
cribed as follows: N/side . of Main Road, East Marion, NY; SCTM #1000-031-03-11.25 ;
Bounded North by Lots 39 & 4.0 , Highpoint at East Marion, Section 2 (Her'aert
R. Mandel) ; West by Korisolakis and the East Marion Fire District; South-, by
. Main Road; and East by Moraitis i
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 sub-
divide property. into three lots with insufficient area, and for 280-A
Approval of Access.
5. That the provisions of.the Southold Town Zoning Code applicable to the relief sought by the under-.
signed are Article III Sectio_
[X] Section .280-A, New York Town Lalw r 9pAohl 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 Travel er-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: Jan. 29. 1986 l
A ) /
Petitioner
Owners ' Names : HERBERT R. MANDEL
Post Office Address
443 Main Street
Greenport, NY 11944
.. `[�N�i�4.1�f,'ii�tltl'w} tlZi�idif.l s' tsJ y
e.N .a�� flK� a '=J;��l�..s tl...L.':���'.t'4�'•.7
tl
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Fast Marion Fire District Fast Marion
New York 11939 .
Mr. & Mrs . George Korisolakis 7901 Ridge Blvd.
Brooklyn, NY. 1.1209
Mr. & Mrs . Steven Moraitis 7955 Main Road -
East Marion, NY 11939
Mr. & Mrs . Petros Niamonitakis 460 .83rd St.
Brooklyn, NY 11209
Mr. & Mrs . Steve Angelakis 29 70th-St. "
Brooklyn, NY 11209
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
.ELLEN M. URBANSKI -residing at (No Oak Street,,
Mattituck,. New York 11952 being duly sworn, deposes and says.that on-the' day
of January, , 19 86 , 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 Mattituek, NY ; that said Notices were mailed to each of said persons by
(certified) OfFMOM mail.
ELLEN M. URBANSKI
Sworn to before-me this
day of January ' 1 g
r2 . .
Notary Pu•li
JULIE BAUERNFEIND
Notary Public,State of New York
No.4796275,Suffolk County
commission Expires March 30,l9V
.(Th.is side does not have' to be completed on form transmitted to adjoining
property owners.. )
I ;ie 1r . Y . J . t_ v.i romnenta I (lua I i ty kev i ��w fie t rcyu i r(� ;ub-
• mission of this.n " )rm, and an environmental !view will be
made by this boll i before any action is to 1 .
SHIRT ENVIRONMENT.41, ASS ES`'!!F.'!; FCF11
(a) In order to answer the questions in this short EAF is is assumes d that the
preparer will use currently available infor-ration concerning tho Fro49ct 'and tha
l =kely impacts of the action. It is not expected that additional studio!!, roeoarch
or ether investigations will be undertaken.
(b) If any question has been answered Yes the project may be significant and a
completed Envircn:,ental Assessment Form -is nece::sar-y.
'(c) If all questions have been answered No it is likely that this project is
significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? • Yes ,/ NO
2. Will there be a major change to any unique or
unusual land form found on the site? . • • • . Yes / No
3• 'Mill project alter or have a large effect on
an existing body Of water? • • • • • • • • • • Yes NO
4. Will project have a potentially large impacto on /
groundwater quality? • • • • • • • o • • • • Yes V lt0
5- Will project significantly affect drainage flow
On adjacent sites? • • o • . • • • • • • • Yes NO
6. Will project affect any threatened. or endangered /
plant or anir.:;l species? • • • • . • • • • • Yes No
7• Will project result in a major adverse effect on
air quality? • Ycs
8• Will project have a ir-ijor effect on visual char.
• acter of the community or scenic views or vistas /
known to be important to'tho community? • . . Yes V NO
9. Will project adversely impact any site or struct-
ure of historic, pro-historic, or paloontologicul
importance or any site doeigratod as a critical /
environmental area by a local agoncy? • • • Yee L No
10. Will project have a major effect or, existing or /
future recreational opportunitioa? . . • Yes ✓ No
11. Will project result in major traffic problems or
cause a major effect to existing transportation J
systerr-s? Yes NO
12. Will project regularly cause objectionable odor::,
noise, glare, vibration, or electrical disturb-
ance as a result of the projectlu operation? . Yes No
13• Will-project have any impact on public health or
safety" . . • • • . Yes No
14. will project Affect the existing community by
directly causin: a growth in permanent poptila-
tion of more t:zan 5 percent over a one-year
period or have a ma for n-�rative..effect an t,e /
character of the cor-munity, ;r r,eighcorhood? . Yes c/ No
15. Is there public contr^versy concern-inK the; probe:-�? Yes � ';o
TITLE: Attorney For applicant
►'?ES ENT 1'tt H rbert R. Manuel DATE: Jan. 29 . 1A
viri�e $
January 29 , 1986
(Today ' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Highpoint at East
Re : Appeal Application of Herbert R. Mandel - Marion, Sec . Three-
Location of Property: side ol Mai-n KoaZl, Easta i , NY
Tax Map No . : 1000-031-7 -
Dear Sirs :
In reference to the New York State Tidal Wetlands Land-Use
Regulations , 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check erne box)
[ ] May be loc atod within 300 feet of tidal w(-.tIar.ch:
tin;wever, constructed along, the water-lyinig edce
of this property is a bulkhead in very good
condition and at least 100 feet in length. *
[ ] Ma-y be 'located within 300 feet of tidal wetlands ;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs , and approximately feet in
length.
[ ] Mav be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ] May be located within 300 feet of tidal wetlands ;
and there is no bulkhead or concrete wall ex is'"ng
on the premises .
- [ X), Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
[Starred items ' (*) .indicate your property does
not appear to fall within the jurisdiction of the N .Y.S . D. D.C. )
:7
Sincerely yours:,
i
wG,
( i�g7llatllr.��pp�1��L 3S2
HERBE,RT R. MMANDEL
NOTE: If proposed project falls wit+d n D.E.C. jurisdiction,
approval must be received and submitted to our office before
your application can be scheduled for a public hearing.
UCS '- 8 (rev. Aug. 66) 1f For Clerk Only
i:*QUEST FOR JUDICIAL INTERVENTION
SUPREME COURT, SUFFOLK COUNTY
Index No. Date Purchased IAS Entry.Date
FULL TITLE OF ACTION
In the Matter of the Application
of. HERBERT R. MANDEL,
Petitioner(s) Name of Assigned
Judge
against -
THE SOUTHOLD TOWN BOARD OF APPEALS, ` X
Respondent(s)
Date of Assignment
_ Issue joined (date ) (check if applicable)
Bill of particulars served (check if applicable)
------------------------------------------------------------------------------------------
NATURE OF JUDICIAL INTERVENTION (check)
Request for preliminary conference
_ Note of issue and/or certificate of readiness
_ Notice of motion (return date ) Relief sought
Order to show cause (return date ) Relief sought
( to be completed by clerk )
_ Other ex parte application Reversal of Board of
�. Notice of petition (return date 5/18/1987 ) Relief sought Appeals decision
_ Notice of medical or dental malpractice action (specify which )
_ Statement of net worth
_ Writ of habeas corpus
Other (specify )
-------------------------------------7--------------------------------
NATURE OF ACTION OR PROCEEDING (check)
TORT SPECIAL PROCEEDINGS
_ Motor vehicle _ Tax certiorari
_ Medical or dental malpractice _ Condemnation
(specify which ) _ Foreclosure
_ Seaman Incompetency or conservatorship
_ Airline X Other special proceeding,
_ Other tort, including but not limited including but not limited to
to personal injury, property damage, Article 75 (arbitration) ,
slander or libel Article 77 (express trusts) ,
(specify) Article 78 X - to reverse decision of
OTHER ACTION (specify) Board of Appeals
_ Matrimonial (contested) _ Contract
Matrimonial (uncontested) _ Other
(specify)
In the City of New York only:
_ The City of New York is a party to this action.
The Transit Authority (or MABSTOA) is a party to this action.
A1`TORNEY(S) FOR PLAINTIFF S)/PETITIONER(S)
Name Address Phone
WICKHAM, WICKHAM & Main Road - P.O. Box 1424 (516) 298-8353
l' BRESSLER, P.C. Mattituck, LNY. ' 11952
1
J ATTORNEY(S) FOR DEFENDANTS)/RESPONDENT(S)
Name Address Phone
NAMES OF INSURANCE CARRIERS (if applicable and available)
RELATED CASES (if none, write "NONE" below)
Title Index # Court Nature of relationship
NONE
I AFFIRM UNDER PENALTY OF- PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE,
THEPM ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS2ACYTIONR PROCEEDING..
Dated: April 9, 1987
(SI ATURE)
AB GAIL ZA. WICKHAM
(PRINT OR TYPE NAME)
G � 7 Gv�t WICKHAM, WICKHAM & BRESSLER, P.C.
ATTORNEY FOR Petitioner
Main Road - P.O. Box 1424
ADDRESS (Print or Type)
A Mattituck, NY 11952
(516) 298-8353
is
INSTRUCTIONS
Attach rider sheets if necessary to' provide required information. _
If any party is appearing pro se (without'an attorney) , the .required information
concerning such party is to be entered in the space provided for attorneys.
•
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HIGHPOINT AT EAST MARION .
NOTES:
I. TOTAL AREA = 2.918 ACRES j!I SECTION. THREE, INC.
2 SUFFOLK
AP DIST. 1000 SECTION431_
BLOCK� LOT IL25 AT EAST MARION -
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
• � i
1 j SCALE : I" = 50� j
DATE JUNE 19, 1985
li AUG. 21 , 1985
JAN. 29, 1986•
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to xrdaawec�b'''i:a7rtxna YOUNG & YOU 1A IN
400 OSTRAND AVE., , N.Y.
ALDEN W. YOUNG PE.&L.S., N.Y.S. LIC. NO.12845
tHOWARD W. YOUNG L.S.; N.Y.S. LIC. NO. 45893