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HomeMy WebLinkAboutZBA-06/13/1985 oS�FFot��o z un Southold Town Board of Appeals y�lol �1�j0� 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 M I N U T E S REGULAR MEETING JUNE -13 , 1 985 -- A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , 'June 13 , 1985. at 7 ; 30 p .m. at the - Southold Town Hall , Main Road , Southold , New York : Present were : . Gerard P . Goehringer , Chairman ;. Charles Grigonis , Jr. ; Serge _Doyen , _Jr. ; Joseph H . " Sawicki and Robert J . Douglass , constituting all the , fi.ve members of the. Board of Appeals . Also present were approximately 18 persons in the audience at . the.. commencement .of the meeting (Assembly Hall ) . The Chairman opened the meeting at 7 : 35 p .m. and proceeded with the first public hearing on the agenda , as follows : 7 : 38 p .m. Appeal No . 3341 - Public Hearing was held in the Matter of the Application of 'HE_LEN CONWAY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot area , width and depth of proposed parcel to be setoff, located at the South Side of Chestnut Road , Southold , NY.; County Tax Map Parcels No . 1000=59-03-003 and 004. Rudolph H .. Bruer , Esq . ' spoke . in behalf of the applicant . (Verbatim transcript of hearing has been prepared under separate cover by Barbara Strang as recorded electronically . Original transcript to be filed with the Town Clerk ' s Office . ) This matter was reconvened since the last hearing on -May 23 , 1985 , concerning receipt of a response . or approval from the Suffolk County Depart- ment of Health on Article VI . Subsequently , comments dated May 29 , 1985 were received by the Z . B .A. indicating that since this project is a redistribution of a line line without increase in density , no subdivision application is required under Article VI . ---The notice of this hearing was re-advertised in both the Long Island Traveler-Watchman and Suffolk Times pursuant to law. 1 y T Southold Town Board of .Appeals -2- June. 13, 1985 Regular Meeting (Appeal No . 3341 'HELEN M: 'CONWAY , continued : ) Following. the hearing,.­motion was made by Mr. Goehringer , seconded _: _ ,.by Mr. Grigonis , to conclude ' (close ) _the hearing pending deliberati.ons . _ This resolution was ' unani_mously adopted and the hearing was concluded at approximately 7: 42 p ,m. 7 : 42 p .m. - Appeal No . 3347 - - Public Hearing was held in the Matter of the Application for ALICE SZALA for a Variance pursuant to New York Town.._Law, Section 280=a , .for approval of access : private right-of-way located off .the .South„Side of Main Bayview Road known as "Williamsburg Drive" ; County Tax Map Parcel . No . 1000-78-05-17 , The Chairman read the legal notice of hearing and application in its entirety for the record . _ Mr . Szala , brother-in-law of the applicant , _appeared in behalf - of Alice Szala . Mr . Szala .was furnished with an . additional copy of Jack Davis ' ..-road report which was under consideration concerning improvements to the road for aecessi:b lity. ; by.:emergency vehicles . (Verbatim transcript of this hearing has been -prepared under separate cover by Barbara Strang as recorded el_ectronically , :.:filed with the. Town Clerk ' s. Office for reference . ) Following the hearing , motion was made by Mr . Goehringer , seconded .-by Messrs . Sawicki and Grigonis , to conclude (close ) the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 7 : 45 p .m. 7 : 46 p .m. - Appeal No . 3357 - Public Hearing was held in the Matter of the Application for DR: 'JAY P . AND M. SLOTKIN for a Variance to the ..Zoning. Ordinance , . Articl-e . III ; Section 100-30 , and as required by Z . B .A. Appeal No . 2932 , for" permission to construct -addition to existing professional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road_ ) , . So.uthold , NY ; County - Tax Map Parcel No . 1000-70-05-004. The Chairman read the legal notice of hearing and application in its entirety for the record. _ Abigail A . Wickham , Esq . _ spoke in behalf of the -applicants , and Dr. and Mrs . Slot kin were present . The verbatim transcript of the statements made during this hearing has�_been:.prepar.ed-.`under separate cover by Barbara Strang. as recorded electronically and filed with the Town Clerk ' s Office for reference . !Southold Town Board of Appeals -3- June 13 , 1985 Regular Meeting (Appeal No . 33577— SLOTKIN , continued : ) Following the'.hearing , motion was made by Mr. Goehringer , seconded by Mr. Grigonis , Jo conclude (close ) - the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 7 : 52 p .m. 7 : 53 p .m. - Appeal No . 3254 - Public Hearing was held in the Matter of the Application_ of .:EUGENE DAVISON for a Variance -. to the Zoning Ordinance , .-Article III, Section. -..31.,. Bulk Schedule , for approval of lots of insufficient area and. -1ot width in this. proposed division of land (106-13) _located at the ' South Side of Sound ,_Av.enue , Mattituck , -NY ; County _Tax _Map Parcel No . 1000-121 -3-5 ; containing 12 . 6+ acres . The Chairman read the legal notice in its entirety and appeal application for the record. .. Eugene Davison was present and spoke in behalf of . his application . It is noted for the record that comments .-or recommendations on this particular site plan as amended and submitted 5-28-85 were not submitted . The verbatim transcript of the statements made during this hearing as recorded electronically have been prepared under separate cover by Barbara Strang :..and filed with the Town - Clerk ' s Office for reference . Following the hearing , motion was made by Mr . Goehringer , seconded by Mr . Douglass , to conclude (close ) . the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 7 : 54 p .m. 7 : 55 p .m. Appeal No . 3359 - Public Hearing was held in the Matter of the .Application of THOMAS YASSO (Williston Beverage ) by Environment East , Inc . for a Variance pursuant to Z . B .A. Decision rendered 5/22/75 under Appeal No . 3189 . for proposed addition which will exceed the restricted lot coverage . for -this "B-1 " General Business zoned parcel located at the South Side of Main Road , Mattituck , NY ; County -Tax Map Parcel No . 1000-122-3-5 . The Chairman read the legal notice and appeal application in its entirety for the record . Peter Stoutenburgi;was :present and spoke in behalf of the applicant. Several objections from abutting property owners were made . The verbatim transcript of the state- ments made during the public hearing as recorded electronically has been prepared under separate cover by Barbara Strang and filed with the Town Clerk ' s Office for reference . Following the hearing , motion was made by Mr . Goehringer , 1 Southold Town Board of Appeals -4- June 13 , 1985 Regular Meeting (Appeal No . 3359 - YASSO , continued : ) seconded by Mr . Douglass , to conclude (close ) the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 8 : 10 P .M. 8 : 11 p .m. Appeal No . 3361 - Public Hearing was held in the Matter of the Application of JEAN HOLLAND which was recessed from the May 23 , 1985 .Regular Meeting , pending receipt of accurate and certified surveys showing the exact locations of the lot lines and relief requested . (for approval 'of lot area and width of two parcels , Meadow Beach Lane and Sunset Road at Nassau Point ) . Michael J . _ Hall , Esq . spoke in behalf of the applicants , who were also .present. Since the last hearing 5/23/85 , no..;r.esponse has been received from the Suffolk County Department of Health Services concerning this proposal as required under Article VI . A response was expected in a day or two . Also , maps were submitted during the hearing from the applicant ' s. attorney furnishing the requested information . Mr.. Ha1.1 . f..urnished-. the..boar..d(iw.ith.ia copy of the recent N . Y . S . Department of Environmental Conservation approval under Permit No . 10-84-0678 . (Verbatim . transcript prepared under separate cover . ) Following the hearing , motion was made by Mr . Goehringer , seconded by Mr . Grigonis , to conclude (close ) . the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 8 : 20 p .m. 8.: 20 p .m. Appeal No . 3338 - Public Hearing was reconvened in the Matter of the Application of HOWARD L . YOUNG AND WIFE. Variance for approval of lot . area and width of par. cel. s . N/s Main Road , Orient . The Chairman reconvened the hearing at 8 : 20 p..:m. John De Reeder spoke in behalf of. the applicants . The board was notified that there would be another change in the location of the right-of-way , and that the maps submitted..:June`: 10 , . 1.985.. and(-jdated,. June 7 , 1985 , are correct . The verbatim transcript of the statements made during the public hearings have been prepared under separate , cover by Barbara Strang as recorded electronically and filed with the Town Clerk 's Office for reference .. Following the hearing , motion was made by Mr . Goehringer , seconded by Mr. Grigonis , to conclude (close ) . the hearing pending deliberations . This resolution was unanimously adopted and the hearing was concluded at approximately 8: 25 p .m . Southold Town Board of Appeals -5- June 13 , 1985 Regular Meeting APPROVAL OF MINUTES : On motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED , to approve the Minutes of the May 23 , 1985 Regular Meeting as submitted . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . NEXT-:REGUL'AR 'MEETING.:: L1:..Oh ii�dtfohGby Mr. Goehringer , seconded by Mr. Douglass , it was , RESOLVED , that the date for the next Regular Meeting of this board be and hereby is scheduled for THRUSDAY , JUNE 27 , 1985 , commenc- ing at 7 : 30 p .m. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all -the members . APPEAL N0 : '3251 - RENATE RIEDEL . On May 28 , 1985 , written correspondence was received from the applicant , Renate Riedel , requesting to withdraw her application concerning property of W. Smith . Now , therefore , on motion by Mr. Goehringer , seconded by Mr . Grigonis , it was RESOLVED, that Appeal No . 3251 , application for RENATE RIEDEL , be and hereby is 'WITHDRAWN WITHOUT :PREJUDICE (as requested -. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . .This resolution was adopted by unanimous vote of all the members . APPEAL NO . 2735 . - HARRY 0 . HURLBURT , JR . In reviewing the subject -file , it was noted that an annual inspection and renewal request from the applicant is required . _The board members chose the wait .until the August Fishers Island Annual Trip by ferry to Fishers Island to inspect the property , located at Private Road , County Tax Map Parcel No . 10007003-02-10 . Southold Town Board of Appeals -6- June 13 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3254: Application for EUGENE DAVISON , 4300 Sound Avenue , Mattituck , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of lots of insufficient area and lot width in this proposed division of land (106-13 ) located at the South Side of Sound Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-121 -3-5 , containing 12 . 6+ acres . WHEREAS , a public hearing was held and concluded on June 13 , 1985 in the Matter of the Application of EUGENE DAVISON , Appeal No . 3254 , at which no objections were received for the record; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter ; and WHEREAS , in requesting input from the Planning Board concern- ing the most recently revised subdivision map , it was the consensus of the Planning Board not to comment pending Z. B. A. determination ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located at the South Side of Sound Avenue , Mattituck , NY with a total acreage of 12 . 6372 acres and frontage (lot width ) along Sound Avenue of 840 . 88 feet and is located in an "A-80" Residential and Agricultural Zoning District ; 2 . By this application , appellant proposes a division of the entire 12 . 6372 acres into four lots with existing structures , as shown on the amended site plan received May .28 , 1985 and prepared by Roderick VanTuyl , P . C . October 22 , 1984 , and as follows : (1 ) Lot #1 with an existing single-family , two-story frame dwelling and having an area of 40 ,000 sq . ft . , lot width of 280 feet , and lot depth of 156 feet; (2 ) Lot #2 with an existing single-family dwelling and accessory garage and having an area of 40 ,000 sq . ft . ( inclusive of a 25 ' access strip from Sound Avenue ) ; (3 ) Lot #3 of 48 ,000 sq . ft. with 121 . 20 ' lot width along Sound Avenue and an existing single-family , 12-story frame house ; (4 ) Lot #4 of 9. 8± acres containing only an existing horse stable [which is presently without habitable residential quarters] . 3 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum of 80 ,000 sq . ft . in area , 175 foot lot width ; and 250 ' lot depth . 4 . In viewing the property in question and the placement of the three nonconforming . dwelling structures and accessory buildings , it is the opinion of the board that this is plan as amended is the Southold Town Board of Appeals -7- June 13 , 1985 Regular Meeting (Appeal No . 3254 - EUGENE DAVISON , continued : ) most feasible plan for the applicant to pursue . 5 . Applicant has submitted a Declaration of Covenants and Restrictions in legal , recordable form restricting Lot No . 2 to any further subdivision in perpetuity , and the original of which is subsequently herewith to be filed with the Suffolk County Clerk ' s Office . In considering this appeal , the board has found : (1 ) that the circumstances of this appeal are unique and therefore in view of the manner in which the difficulties arose , another method for the applicant to pursue other_ than__ a variance is not feasible ; (2 ) that there will be no effect , if the variance is allowed , of the increased population density thus produced on available governmental facilities ; (3 ) that there will be no substantial change to adjoining properties ; (4 ) that in view of the manner in which the difficulties arose , the interests of justice will be served by allowing the variance applied , as noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it was RESOLVED , to grant the relief requested .under Appeal No . 3254 as shown on plan dated October 22 , 1984 (received May 28 , 1985 ) . for approval .of : (1 ) Lot #1 of 40 ,000 sq . ft . in area , 280 feet of lot width , and 156 of lot depth ; (2 ) Lot #2 of 40 ,000 sq . ft . in area ( inclusive of 25 ' access strip from Sound Avenue ; (3 ) Lot #3 of 48 ,000 sq . ft . , 121 . 20 ' lot width and 250 ' lot depth ; (Lot #4 does not require variance relief at this time ) , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . If and when stable is converted to a single-family residential use as may be permitted by the zoning and fire codes , the structure must comply with requirements under the "A-80 " section of the zoning Bulk and Parking Schedule ; 2 . Planning Board approval . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution wa.s adopted by unanimous vote of all the members . . r Southold Town Board of Appeals -8- June 13 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3341 : Application for HELEN CONWAY , by R. H . Bruer , Esq . , Main Road , Southold , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot area , width and depth of proposed parcel to be set off, located at the South Side of Chestnut Road , Southold , NY ; County Tax Map Parcels No . 1000-59-03-001 , 003 and 004 . WHEREAS , public hearings were held on May 23 , 1985 and June 13 , 1985 , at which time the hearing was concluded, in the Matter of the Application for HELEN M . CONWAY , Appeal No . 3341 ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter ; and WHEREAS , on May 30 , 1985 , communications was received from the Suffolk County Department of Health Services concerning this particular application indicating that "since the project is a redistribution of a lot line and . . . no increase in density , no subdivision application (under Article VI ) is required; no problems with water supply and/or sewage disposal is expected. . . " ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a Residential and Agricultural Zoning District and is situated along the south side of Chestnut Road , Southold , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 059 , Block 3 , Lots 1 , 3 and 4 , containing a total area of 6 . 7 acres . 2 . Applicant is proposing a set-off of " Parcel 2 " of an area of 30 ,458 sq . ft . , lot width of 150 feet , and lot depth of 201 . 83 feet from "Parcel 1 " which would have an area of 6 . 0 acres with 50 ' frontage along the Main Road a variable lot widths . 3. The land in question is vacant and was conveyed by deeds at Liber 2966 cp 403 on July 1 , 1949 , and at Liber 3570 cp 220 on February 28 , 1953 , to the applicant herein (Helen M. Conway ) . 4 . In viewing the immediate.-area;-;-Ube-hQa-rd finds that there are improved parcels abutting proposed " Parcel 2" containing an area of the same or smaller size as proposed herein which have existed since the time of 12 ,500 sq . ft . zoning . In considering this appeal , the board has found that this proposal is consistent which those parcels abutting and generally existing in the immediate - surrounding area and it has further determined that : (1 ) the relief requested is not Southold Town. Board of Appeals —g- June 13 , 1985 Regular Meeting (Appeal No . 3341 - HELEN M. CONWAY , continued : ) substantial in relation to those generall°yliexisting i.n. the; area ; (2 ) there will be no effect , if the variance is allowed , of the increased population density thus produced on available governmental facili"ties ; (3 ) there will be no substantial change to adjoining properties ; (4 ) in view of the manner in which the difficulty arose , another method for the applicant to pursue other than a variance is not feasible ; (5 ) in view of the manner in which the difficulty arose and in consideration of all the above factors , the interests of justice will be served by allowing the variance , as noted below . Accordingly, on motion by Mr . Sawicki , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appeal No . 3341 in the Matter of the Application of HELEN M . CONWAY for approval of the insufficient area of "Parcel 2 " of 30 ,458 sq . ft. , lot width of 150 feet , and lot depth of 201 . 83 feet , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION : That any and all construction must be in compliance with the setback requirements for the "A-40 " zoning district (50 front , 50 rear , 15 one side , 35 total side yards ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3337 : Application for KIMON AND WOODENE RETZOS , by R . W. Gillispie as agent , Main Road., Southold , N or a Variance pursuant to New York Town Law , Section 280-a , for approval of access over private right- of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate , to premises identified as County Tax Map District 1000 , Sec- tion 31 , Block 2 , Lot 10 ; and more particularly Lots 2 and 3 of Minor Subdivision No . 81 ( 1973-Retzos ) . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on May 2 , 1985 , in the Matter of the Application for KIMON AND WOODENE RETZOS under Southold Town Board of Appeals -10- June 13, 1985 Regular Meeting (Appeal No . 3337 - RETZOS , continued : ) Appeal No . 3337 , . at which time no objections were received for the record ; and WHEREAS , the board members have considered all testi.mony and . documentation entered into the record in this matter , including the April 23 , 1985 Road Inspection Report No . 444 prepared by John W. Davis as requested by the Z . B. A. ; and WHEREAS , the board members are familiar with the property and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . The property to which applicant is requesting approval of access to is located in an "A-Residential and Agricultural " Zoning District and known and identified as Subdivision Lots #3 and #2 of Minor Subdivision No . 81 , approved by the Southold Town Planning Board during 1973 , and more particularly on the Suffolk County Tax Maps as District 1000 , Section 31 , Block 02 , part of Lot 10 . 2 . The right-of-way in question is located along the southerly side of land now or formerly of Metropoulos (1000-31 -2-13) commencing at a point at the east side of Rocky Point Road having a legal width as shown on survey dated November 23 , 1972 , and a traveled width of 12 feet , extending from Rocky Point Road in an east-west direction approximately 262 feet , and thence extends in a north-south direction for a length of approximately 280 feet., which has some depressions . 3 . The right-of-way in question appears -to have been used as a "haul road" to a former sand pit . Test holes show at least six inches of hard-packed sand , gravel and loam . At this time there does not appear to be any drainage problems . 4 . Submitted for the record is a copy of a deed at Liber 4703 cp 233 dated October 1 , 1959 from Nowell to West , the prede- cessor in title . In considering this application , the board has determined that the variance be granted as noted below since : (a ) this right-of-way appears to be the only ingress to and egress from appellant ' s properties and it is appellant ' s contention that this is the legal right-of-way to the premises of record ; (b ) the relief requested is not substantial ; (c ) there will be no sub- stantial change in the character of the neighborhood or substantial detriment to adjoining properties ; ' (d) the circumstances of this appeal are unique and there is no other method feasible for appel - lants to pursue other than a variance ; (e ) in view of the manner R in which the difficulty arose , justice will be served by allowing Southold Town Board of Appeals '11 ' June 13 , 1985 Regular Meeting (Appeal No . 3337 - RETZOS, continued : ) the variance , as indicated below. Accordingly, on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , to grant approval of access applied for under Appeal No . 3337 in the Matter of the Application for KIMON AND WOODENE RETZOS over the private right-of-way located on the east side of Rocky Point Road (described in #2 , supra) , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet , improved as follows . 2 . Holes and depressions in the east-west length to be filled with bankrun gravel , sand and loam ; and 3 . Widen road to 16 feet where necessary by removing topsoil for 8" and backfill with 8" of bankrun gravel , sand and loam ; and 4 . Place a 3" crowned compacted top course of 3/4"-stone blend or crushed concrete (re-cycled concrete ) ; and 5 . An alternate method of construction after filling the depressions would- be to place 4" of crowned stone blend or crushed concrete on the existing surfaces for the 16-foot width ; and 6 . There shall be a clearance of 30 feet at turns for turnarounds ; and 7 . That this right-of-way shall be maintained at all times in good , satisfactory condition ; 8 . That all of these conditions be met prior to the issuance of any building permit or June 1 , 1988 , whichever shall be first , or this variance will be deemed void in its entirety , and additional application and updated reviews will be necessary automatically ; 9. That the grant of this variance does not become effective until all of the conditions set forth herein have been complied with and accepted by the town in writing and after written request for a final inspection and acceptance ; 10 . That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning the improvements of this right-of-way. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -12- June 13 , 1985. Regular Meeting PENDING DECISION : Appeal No . 3347 : Application for ALICE SZALA by Stanley Karanewski , P . O . Box 498 , Cutchogue , NY 11935 , for a Variance pursuant to New York Town Law , Section 280-A for approval of access over a private right-of-way known as "Williamsburg Drive , " located off the South Side of Main Bayview Road , Southold , NY , to premises identified on the Suffolk County Tax Maps as 1000-78-05-17 . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on June 13 , 1985 , in the Matter of the Application for ALICE SZALA under Appeal No . 3347 , at which time no objections were received for the record; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , including the March 27 , 1985 Road Inspection Report No . 437 prepared by John W. Davis as requested by the Z . B . A. ; and WHEREAS , the board members are familiar with the property and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . The property to which ,applicant is. requesting approval of access to is located in an "A-Residential and Agricultural " Zoning District and is more particularly shown on the Suffolk County Tax Maps as District 1000 , Section 78 , Block 05 , Lot 17 . 2 . The right-of-way in question is located along the southerly side of Main Bayview Road having a legal width of 50 feet and extending in a southerly direction 457± feet from Main Bayview Road to the parcel in question . 3. Existing road conditions are as follows : 122 ft . length beginning 10 ' from Main Bayview Road; loamy sand and gravel recently graded for a 20 ' + width . One new catch basin 40 ft . 61 ft . length - Sand and loam 20+ ft . in width ; 88 ft . in length - Course gravel 3± inches in depth and 13 .ft . width ; 80 ft . length - Sand and loam 10 ft . in width ; Southold Town Board of Appeals -13- . June 13 , 1985 Regular Meeting (Appeal No . 3347 - SZALA, continued : ) 36 ft . in length —Bluestone and gravel 3± inches in depth and 8± ft . width ; 146 ft . length - Partially used , topsoil with grass growth to a stop sign . 533 ft . total length . 4 . The access road is in need of improvements , particularly in areas that are unstable., apparently due to prolonged wet condi tions and spring thaws . In considering this application , the board has determined that the variance be granted as noted below since : (a ) this right-of-way appears to be the only ingress to and egress from appellant ' s properties and it is appellant ' s contention that this is the legal right-of-way to the premises of record ; (b ) the relief requested is not substantial ; (c ) there will be no sub- stantial change in the character of the neighborhood or substantial detriment to adjoining properties ; (d ) the circumstances of this appeal are unique and there is no other method feasible for appel - lants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , justice will be served by allowing the variance , as indicated below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , to grant approval of access applied for under Appeal No . 3347 in the Matter of the Application for ALICE SZALA over the private right-of-way referred to as "Williamsburg Drive , " located on the south side of Main Bayview Road , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet , improved as follows . 2 . Place a four-inch compacted course of three-quarter inch (3/4" ) crowned stone blend throughout on the existing surface . The areas of gravel. and bluestone can become part of the . four-inch , depth of stone blend ; 3. The first 100 ft . or more of the improved access shall be regraded to make the catch basin (referred to , supra) effective . This will probably require removal of some of the present material prior to the application of stone blend . 4 . The use of recycled (crushed ) concrete could be considered Southold Town Board of Appeals -14- June 13 , 1985 Regular Meeting (Appeal No . 3347 - SZALA, continued : ) as an alternate for the stone blend ; 5 . There shall be a clearance of 30 feet at the end of the access road for turnarounds ; and 6 . This right-of-way shall be maintained at all times in good , satisfactory condition.; 7 . All of these conditions be met prior to the issuance of any building permit for any lot abutting and requiring legal access over this right-of-way , or June 1 , 1988 , whichever shall be first , or this variance shall be deemed void in its entirety , and additional application and updated reviews will be necessary automatically ; 8. That the grant of this variance does not become effective until all of the conditions set forth herein have been complied with and accepted by the town in .writing and after written request for a final inspection and acceptance ; 9. That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems 'appropriate under the circum- stances concerning the improvements of this right-of-way . 10 . Extension of this right-of-way to lot (s ) at the southerly end [past the parcel in question] shall also be subject to the same improvement requirements prior to the issuance of any building per- mit , or June 1 , 1988 , (for lots 1000778-5= 10 or 16 ) , as well as widening of the last 30 feet of this right-of-way for turning of emergency vehicles ; ll . . This 280-A approval with conditions shall include all lots abutting and requiring access over this right-of-.way . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was. adopted by unanimous vote of all the members . Southold Town Board of Appeals -15- June 13 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3357 : Application for DR . JAY P . AND M. SLOTKIN , by A. Wickham , Esq . , Main Road , Mattituck , NY for a Variance to the Zoning Ordinance , Article III , Section 100-30 , and as required by ZBA Appeal #2932 for permission to construct addition to existing professional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road ) , Southold , NY ; County Tax Map Parcel No . 1000-70-05-004 . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on June 13 , 1985 , in the Matter of the Application of DR . JAY P . AND M. SLOTKIN , at -which time no objections were received for the record; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter ; and WHEREAS , the board members are familiar with the property , its use and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . By this application , applicants seek permission to construct an addition to their present office of a size 15 '6 " wide x 472 feet deep in order to expand the waiting and office/record room , and add examination rooms , as required by Appeal No . 2932 , conditional use variance granted on April 14 , 1982 by this board . 2 . The premises in question is located on the north side of State Route 25 and the east side of Ackerly Pond Road , Southold , comprises approximately . 59 of an acre , and is designed on the Suffolk County Tax Maps as District 1000 , Section 70 , Block 5 , Lot 4 . 3 . The property is improved with a 12-story wood frame building and accessory garage . In considering this application , the board agrees that the addition as proposed : (1 ) will not substantially change the char- acter of the district ; ( 2 ) will not be adverse to adjoining properties ; (3 ) will not impinge on sideyard restrictions ; (4 ) will not affect the parking areas ; ( 5 ) will observe the spirit of the zoning ordinance ; (6 ) will promote public safety , welfare and substantial justice will be done . Accordingly , on motion by Mr. Grigonis , seconded by Southold Town Board of Appeals -i6 - June 13 , 1985 Regular Meeting (Appeal No . 3357 - .DR. JAY P . AND M. SLOTKIN , conti.nued : ) Mr . Sawicki , it was RESOLVED , to grant the relief requested under Appeal No . 3357 for a proposed addition of 152. ft.. x 472 ft . in the Matter of the Application of DR. 'JAY P . AND M. SLOTKIN , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Conditions (a ) , (b ) , (d ) , (e ) , (f) , (g ) of Appeal No . 2932 . incorporated herein ; 2 . There shall be a minimum of eighteen (18) parking spaces which shall be incompliance with Section 100-112 (C ) of the Zoning Code . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3336 : Application for ANN SABA (by P . Sujeski ) , 1000 Stillwater Avenue , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area and width of lots in this proposed two-lot division located at the South (westerly ) Side of Stillwater Avenue , Cutchogue , NY ; County Tax Map District 1000 , Section 103 , Block 07 , Lot 007 . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on May 2 , 1985 , in the Matter of the Application of ANN SABA, Appeal No . 3336 , at which no objections were received for the record; and WHEREAS , the board has considered all testimony and documentation in the record concerning this application , including a recommendation from the Southold Town Planning Board dated March 18 , 1985 , that this . board approve this application since it conforms with the surrounding area ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located at the south (west ) side of Stillwater Avenue , Cutchogue , NY with a total acreage of 1 . 274 Southold Town. Board of Appeals - 17- June 13 , 1985 Regular Meeting (Appeal No . 3336 - ANN SABA, continued: ) acres and 339 . 52 frontage along Stillwater Avenue and is located in an "A- Residential and Agric.ultural ". Zoning District ; 2 . By this application , appellant proposes a division of the 1 . 274 acres into two lots (set-off. division , 106-13 ) as shown on map prepared by Roderick VanTuyl , P . C . December 20 , 1984 , and as follows : (a ) Lot #1 to be set off with 28 ,098 sq . ft. in area and 160 . 0 ft . lot frontage and is vacant; (b ) Lot #2 with an existing single-family dwelling set back 83 ' from its front property line and 35 ' from its south side line , with 27 , 397 sq . ft. in area and 179. 52 ft . lot frontage ; 3. Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum of 80 ,000 sq . ft . in area , 175 ft . lot frontage (width ) , for each newly created parcel of land. 4 . In viewing the character of the neighborhood , most of the neighboring lots of a similar size or smaller than that proposed by this application , and therefore lends itself to the granting of this application . In considering this application , the board determines ,that the application as applied be denied. for the following reasons : (1 ) the board of appeals is without authority to grant this area variance in the absence of proof of practical difficulties or significant economic injury ; (2 ) the water table in this area is . fragile and such a division of land with lots of less than 40 ,000 sq . ft . in area will require reviews and approval under Article VI , " Realty Subdivisions and Developments " by the Suffolk County Department of Health Services ; (3 ) in view of the manner in which the difficulty arose and in considering all of the above , the interests of justice would be served by denying the variance as applied . Accordingly , on motion by Mr . Douglass , seconded by Mr . Grigonis , it was RESOLVED , that Appeal No . 3336 in the Matter of the Application of ANN SABA for approval of insufficient area and width of lots in this proposed set-off division of land , BE AND HEREBY IS DENIED WITHOUT PREJUDICE to reapply after receiving Suffolk County Depart- ment of Health Article VI approval . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals 4`8- June 13 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3345 : Application of BRUCE 'M: 'VITALE , 622 Oak Street , Copiague , NY 11726 , for a Variance to the Zoning Ordinance , Article VI , Section 100-60 , for permission to operate a carpenter shop within existing building in this B-Light Business Zoning District. Property Location : South Side of Sound Avenue , Mattituck , NY; County Tax Map .District 1000 , Section 121 , Block 5 , Lot 2 . The board made the followi.ng findings of fact and determination : ' WHEREAS , a public hearing was held and concluded on May 2 ; . 1985 , in the Matter of the Application for BRUCE M:...'.V.ITAL.E , under Appeal No . 3345 , at which no objections were received -for ,the record; and WHEREAS , the board has considered all testimony and documentation in the record concerning this application ; and WHEREAS , the board members have inspected the premises in question and are familiar with this and the surrounding properties in the area; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located at the south side of Sound Avenue (Middle .Road )_', Mattituck ,. NY , contains a total- area of 8 . 427 acres with a .width at the building setback line of 242± feet and frontage along Sound Avenue of 1.00 feet , and is located in a "B-Light" Business Zoning District ; 2 . By this application , appellant requests permission to operate a carpenter shop in an existing 60 . 3 ' wide by 160 . 2 feet deep building , set back 12 . 6 feet at its nearest point from the easterly side property line and 11 . 1 feet at its nearest point from the northerly property line (a distance 336 feet south of Sound Avenue ) . 3. Article VI , Section 100-60 does not list a carpenter shop as one of the permitted uses in the " B-Light" Business Zoning District , but does permit same in a "B-l " General Business Zoning District in accordance with Articles VII and XIII . 4 . On June 13 , 1985 , the requested floor plan of the exist- ing building in which the carpentry shop is proposed was submitted for consideration . There are presently eight bays , three of which are proposed at 'the present time for the carpentry shop , having a total area of 60 ' by 60 ' , and then -one for a garage repair shop , and -- -four bays for rentals as may be permitted by Article VI . In considering this appeal , the board determines that the Southold Town Board of Appeals -19- June 13 , 1985 Regular Meeting (Appeal No . 3345 - VITALE, continued : ) relief requested will not alter the essential character of the neighborhood and will be within the interests of justice , as noted below. Accordingly , on motion by Mr . G.oehringer , seconded by Messrs . Grigoni_s and Sawicki , it was RESOLVED , that relief be GRANTED AS CONDITIONALLY NOTED BELOW concerning the Matter of the " Appl_ication of BRUCE VITALE Under Appeal No ._ 3345 : I . The carpentry-shop use, as requested be limited to a maximum of four _b..ays (20 ' wide x 4) to.; the southerly end of the existi.n_g building ; 2 . The uses of this parcel are limited to those uses as are permitted by Article VI for this zoning district (B-Light ) , or as approved .herein ; 3 . The parking and site plan as considered and approved by the Southold Town Planning. Board pursuant to the require- ments 'of Article XIII. _of the zoning code . Vote of .the. Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass. and Sawicki . _This resolution was adopted by unanimous vote of all the members . ENVIRONMENTAL DECLARATIONS : On motion by Mr . Douglass , seconded by Mr. ' Sawicki. , it was RESOLVED , to declare the following "Negat"ive Declarations " pursuant to Part 617 of the implementing-regulations to Article 8 of the Environmental Quality Review Act .of the Environmental . Conservation Law and Local -Law #44 of the Town of Southold , to wit : (continued on page 22 ) Southold Town Board of Appeals -20-J.un.e. 13 ,, 1985, Meeting (Env.ironmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3366 PROJECT NAME: Joseph Le's.t.i.ngi 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: [XI Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: per.missi-on to locate garage in frontyard area as revised. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1150 Sound Drive , Greenport , NY 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 at an elevation of 10 ar more feet above mean - sea _level . (3 ) . This _is a _setback 'ua'riance for proposed construction which is landward of exisitng construction . Southold Town Board of Appeals -21- JUne 13 , 1985 (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3352 PROJECT NAME: Genevieve Richards 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: [ ] Type II [X� Unlisted [ J DESCRIPTION OF ACTION: Special -Exception Usage for business zone to be used as industrial LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road , Greenport, NY REASON (S) SUPPORTING TIIIS 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 proposed building for which this use is intended would be landward or near existing buildings Southold Town Board of Appeals -22- June 13 , 1985 (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 1333-53 PROJECT NAME: Genevieve Richards 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: [ ] Type II [ XI Unlisted [ DESCRIPTION OF ACTION: Variance to change usage from zone B to C zoning LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road Greenport , NY 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 proposed building for which this use is intended would be landward or near existing buildings . Southold Town Board of Appeals -23- June 13, 1985 ( Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3356 PROJECT NAME: Gregory Simonelli 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 [ J DESCRIPTION OF ACTION: Bulk Schedule for approval of insufficient lot area and lot width of two parcels in this three-lot subdivision located LOCATION OF PROJECT: Town of Southold, County of Suffolk, more , particularly known as: South side of Grand Ave© Matt. 107-02-04 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) This is a lot-line variance not directly related to new construction by this application Southold Town Board of Appeals -24 - June 13 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. ; 3360 PROJECT NAME: Margaret Wagner 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: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Permission to build deck addition -with reduction from the edge of Corey Creek and reductions in-,':front and side yard setbacks. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2600 Private Road #15 Southold, NY 1000-087-06-004 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) Construction as proposed is landward of an existing bulkhead or similar type of barrier. Southold Town Board of Appeals _25_ June 13, 1985 �( Envir.o,nmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3365 PROJECT NAME. Howard Hoey 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: [":'I' Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: 'Set off lot with dwelling with insufficient width and area. LOCATION OF PROJECT: Town of Southold, County of .Suffolk, more particularly known as: Main Rd. Orient, NY 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) This is a lot-line variance. not directly related 'to new construction by this application. Southold Town Board of Appeals -26- June 13 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3363 PROJECT NAME: MARION AND JOHN 'KING 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: [ ] Type II [X] Unlisted DESCRIPTION OF ACTION: Variance to enclose screen porch and use as a real estate office in addition to one-family dwelling use . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Road , Southold , NY ; 1000-71 -01 -003. REASON'(S) SUPPORTING THIS DETERMINATION: (1) Axi 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 . Southold Town Board of Appeals -27- June 13, 1986 .(En-vironmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3369 PROJECT NAME : Jean Harford This notice is issued pursuant to Part 617 of the implementing ' regulations pertaining to Article 8 of the N.X.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: [XX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to construct ,isecond garage with insufficent sideyard. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Bayview Rd . Southold ,. NY REASON (S) SUPPORTING TIIIS 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) This is a setback variance for proposed construction which is. landward of .existing construction.__ Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This . resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -28- June 13 , 1985 Regular Meeting PUBLIC HEARINGS FOR, JUNE 27 , 1985 : On motion by Mr. Go'ehr:inger., seconded by Mr . Douglass , it was RESOLVED, that. the following applications be and hereby are scheduled to be held for public hearings at the . next Regular Meeting of this Board , to wit: ' 'ITHURSDAY , JUNE 27 , 1985 , to be held at the Southold Town Hall , and 'be it further _ RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of ,same pursuant to law in the local and official newspapers of the town , `to wit : ­Sbf.fol:k. .Times , Inc . and Long Island Traveler-Watchman , Inc . :' 7 : 30 .p .m. . JOSEPH AND ARLENE LESTINGI . Variance to relocate garage . iin frontyard area . 1-150 Sound Drive , Greenport . 7 : 35 p .m. GENEVIEV!E RI.CHARDS. Variance to use proposed building i.n this "B-Light" Business District for heavy-equip- ment storage. , 64155 Main Road , Greenport . 7 :40 .p .m. ' 'GENEVIEVE 'RICHARDS . Special Exception to use proposed builldi.ng� -fo..r heavy-equipment storage as permitted in a "C=Li-ght" Industrial Zoning District . 7 :45 .p :m. GREGORY SIMONELLI . Variance for approval of insuffi - cient area ' and width of two parcels in this proposed three-lo;t division . S/s Grand Avenue , Mattituck . 7 : 50 .p .m . ­MARGARET WAGNER . .- Variance to build deck addition with reducti-on from edge of Corey Creek and reduc- tions in, front and side yard setbacks . 2500 Taka- posha Road , Southold. 7 : 55 p .m. ' HOWARD 'HOEY . Variance for approval of insufficient area and width . S/s Main Road , Orient . 8: OO p .m. MARION R. AND JOHN M. KING . Variance for permission to enclose existing porch .and use as a real -estate office ._i.n conjunction with existing single-family residence . 51155 Main Road , Southold . 8: 05 p .m. ' JEAN HARFORD . Variance to construct second attached garage with insufficient sideyard setback at North Side of 'Takapbsha Road , Southold . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen, Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members .) Southold Town Board of Appeals -29- June 13 Regular Meeting Sou pp � 1985 Re ul 9 9 PENDING DECISION : Appeal No . 3320 - BAYVIEW DEVELOPMENT CORP . (Sage Boulevard , Greenport. ) Since the c6nc union of the hearing on May 2 , 1985 , referral - was made to the Suffolk County Planning Commission as required by Section 1323 , et seq . of the Suffolk County Charter. On June 6 , 1985 , communications was returned requesting additional in The Secretary was authorized and directed to send a copy of same to the applicant ' s attorney requesting that these documents be furnished and asking them to confer with the County:.P'lanni)ig Office directly as to the exact particulars on the' sketches t{iat ;are.. required: PENDING APPLICATION': Appeal No . 3359 - THOMAS YASSO . Discussion was held concerning- the adverse traffic and parking situation in the area of this matter at the South Side, of Main Road (Williston Beverage ) , Mattituck . The board members agreed that the building inspector be requested ' to investigate this problem as well as possible viola- tions brought to the board' s attention during this hearing . .- . The Chairman- said he will advise Vi:ctor ..Lessard -tomorrow since he was not present at the meeting . Motion was made by Mr. Goehringer , seconded by Mr. Grigoni &, acknowleding this request . This resolu- tion was unanimously adopted. PENDING ' APPLICATION;: Appeal No . 3338 - HOWARD L . YOUNG . Public hearing was .hel_d -May 2 , 1985 and earlier this evening . No decision was rendered or deli.bera�,tions made . Additi.oral inspections were necessary by the board members concerning the change in the location of the right-of-way. and ,the concerns of the abutting property owner , the Youngs . PENDING APPLICATION : Appeal No . 3358 - GEORGE AND ALICE GLOGG. To date , noses-ponse has been received from the applicants as to the May 13 , 1985 and June 11 , 1985 Z . B .A . correspondence . In reviewing - the file , the 'following action was taken : On motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , that a memorandum be sent to the Building Inspector requesting the basis of !his determination as to the percentages for this existing and . the proposed construction . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members ! 1 Southold Town Board of Appeals -. 30-- June 13 , 1985 Regular Meeting PENDING APPLICATION .;fiied June 7 , 1985 : RUTH BOHN , Appeal #3373 . In reviewing the subject 'application for a Variance for approval of insufficient area and width of two parcels at East ( Eugene ' s ) Creek , Cutchogue , the following action was taken : On motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED , that the application in the . matter of RUTH BOHN be temporarily held in abeyance pending receipt of the following documents or receipt of .comme;its/approval /i'nput_.:as;;noted below: 1 . N . Y . S . Department of Environmental Conservation pursuant to Section 661 .6 (a.) (b ) of the Tidal Wetlands Land Use Regulations , 6NYCRR , Part 661 , and Article 25 of the Environmental Conservation Law ; 2 . Suffolk County Department of Health Services , Article VI approval ; 3 . Comments or input from the Southold Town Planning Board pursuant to Chapter 106 of the Code of the Town of Southold on this proposed diivi.sion . of land . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . ' i NEW 'APPLICATION : Appeal No . 3372 - COMMUNITY CHRISTIAN FELLOWSHIP filed - May 31 , 1.985. The board reviewed this recently filed application ; and a'gneed . that no additional information was needed , except field inspections , and that this matter could be placed on the mid-July calendar for public hearing . I OTHER : Appeal. No . 2929 SAL 'CAIOLA. The subject application was fil.e_d on No _19;, 1981 which' a:n_volves a piece of property not owned . by the applicant and a portion of the applicant ' s property . On November 2;7 , 1981 , a letter was forwarded to the applicant indicating that since the applicant did . not . have. the authority to include land for which he did not have an interest , that the matter would be' held in abeyance pending further notification . The board authorized the secretary to send a letter to the applicant asking the status of this matter . There being no other business properly coming before the board . i I Southold Town. Board of Appeals -31 - June 13 , 1985 Regular Meeting at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at 9 : 30 p .m. Respectfully submitted , LINDAF . KOWALSKI , Secretary Southold Town Board of Appeals A,p� roved - Gera d P. G eWringer �1uly .-18 , 1985 RECEIVED AND FILED By THE SOUTHOLD- TOV11i CLi X" DATE 7�i Town Clerk, Town of Southold .I f