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HomeMy WebLinkAboutZBA-05/02/1985 F_ o 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 M I N U T E S REGULAR MEETING MAY 2 , 1985 AiRegular Meeting of the Southold Town Board of Appeals was held on Thursday , May 2 , 1985 at 7 : 30 o ' clock 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 members of the Board of Appeals . . Also present were Victor Lessard , Building Department-Administrator , and approximately 30 persons in the audience at the commencement of the. meeting . The Chairman opened the meeting at 7 : 35 p .m . and proceeded with the first public hearing on the agenda , as follows : 7,: 35 p . m. Public Hearing in the Matter of Appeal No . 3337 - KIMON ,AND WOODENE RETZOS for approval of access over private right-of-way located off the east side of Rocky Point Road along the southerly line of Metropoulos and over land of Nowell Estate to .Lots 2 and 3 of Minor Subdivision No . 81 , East Marion . Robert W. Gillispie III spoke in behalf of the applicants briefly . There were no objections entered into the record at the hearing . (The verbatim transcript of the statements made have been prepared under , separate cover and filed with the Town Clerk ' s Office for reference . ) (The legal notice and application were read for the record . ) Following receiving testimony , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED , that the hearing under Appeal No . 3337 for KIMON AND WOODENE RETZOS be and hereby is concluded , pending deliberations . 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 -2- May 2 , 1985 Regular Meeting 7 : 40 p .m. Public Hearing in the Matter of Appeal No . 3345 - BRUCE M. VITALE for. a Variance to operate as a carpenter shop within existing building in this "B-Light Business " Zone at S/s Sound Avenue , Mattituck . The Chairman read the legal notice of hearing and appeal application for the record. Bruce Vitale spoke in behalf of his application . During the hearing , a floor plan showing the square footage of the proposed "use" was requested by the Chairman. There was no opposition entered into the record at the hearing . Following the hearing , the board took action as follows : On motion by Mr. Goehrnger , seconded by Mr. Grigonis , it was . RESOLVED, -that the hearing in the Matter of Appeal No . 3345 for 'BRUCE M. 'VITALE be and hereby is concluded .-(closed) , pending receipt of ' the requested floor plan and pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution w.as adopted by unanimous vote of all the members . 7 : 53 p .m. Public Hearing in the Matter of Appeal No . 3336 - ANN SABA by Pat Sujeski for a Variance for approval of insufficient area and width of two lots in this proposed division-set-off of land located at the SW/s.- Stillwater Avenue , Cutchogue . The Chairman read the legal noti-ce of hearing and appeal application for the record. Pat Sujeski spoke in behalf of the applicant . During the hearing , the Chairman asked Mrs . Sujeski to supply, the board with the setbacks of the existing house from each side yard. No opposition was entered into the record at the hearing. Following the hearing , the board took the following action : On motion by Mr . Goehringer , seconded by Mr. Douglass , it was RESOLVED , that the hearing in the Matter of Appeal No . 3336 , be and hereby . is declared closed (concluded) pending receipt of the requested setback distances .and pending deliberations . 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 -3- May 2 , 1985 Regular Meeting 7 : 58 p .m. Public Hearing in the Matter of Appeal No . 3339 - GUY SOBERING:..for a Variance for approval of insufficient area of two lots in this proposed two- lot division (set-off) located at the N/s Sound Avenue , Mattituck . The Chairman read the legal notice of hearing and appeal application for the record . Philip Cardinale , Esq . spoke in behalf of the applicant . Mr . Sobering was present . There were no objections entered for the record . (The verbatim transcript of the statements made are prepared under separate cover and filed simultaneously with the Town Clerk for reference . ) After the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was RESOLVED, that the eharing in 'Appeal No . 3339 for GUY SOBERING be and hereby is closed (concluded) pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 8 : 10 p .m. Public Hearing was held in the Matter of Appeal No . 3338 - HOWARD L . YOUNG for a Variance for approval of insufficient area of two lots in this proposed three-lot division of land at the N/s Main Road and E/s Brown ' s Hill Road , Orient . John De Reeder spoke in behalf of the applicant. Speaking in opposition was Margaret Young . John DeReeder has indicated that an alternative lot line was proposed and that an amended map was being prepared. (The...verbatim transcript of the statements made at the hearing are prepared under separate cover and filed simultaneously at the Town Clerk ' s Office for reference . ) The Chairman made a motion to recess this hearing until June 13 , 1985 , pending receipt of the proposed amended maps . The motion was seconded by Messrs . Sawicki and Grigonis , and unanimously carried. 8 : 15 - 8 : 22 p .m. Temporary recess . 8 : 22 p .m, Motion was made by Mr. Doyen , seconded by Mr . Sawicki , to reconvene . The- resolution was.,-,unanimously carried . 7 : 22 p .m, Public Hearing was reconvened in the Matter of Appeal No . 3320 - BAYVIEW DEVELOPMENT CORP . /SAGE (which was recessed from the April 11 , 1985 meeting ) . Joseph Forchelli , Esq . --spoke in behalf of the applicant. There were.. numerous other Soul hold Town Board of Appeals -4- May 2 , 1985 Regular Meeting �'Appeal No . 3320 - BAYVIEW DEVELOPMENT CORP . /SAGE, continued : ) statements and testimony given both in opposition and in support of. this hearing , which have been prepared under separate cover and filed with the Town Clerk ' s Office for reference . Exhibits submitted for the record during the hearing from Joseph Forchelli , Esq . were : 1 . Certificate of Occupancy , Nonconforming Premises , #12637 dated July 24 , 1984; 2 . Letter dated January 10 , 1985 from Forchelli to Z. B .A . ; 3. Letter dated January 10 , 1985 from Planning Board to Forchelli ; 4 . Letter dated February 7 , 1985 with attachment from,!Town Clerk to Forchelli ; 5 . Letter dated April 19 , 1985 from Forchelli to Weismann ;, 6 . Negative Declaration made by Planning Board dated March 4 , 1985 concerning this project ; 7 . Copy of ex2press-mail receipts for mailings to Robert Chilton ; Robert Bracken ; Leonard Walters , Anasthesia Group , P . C . 8 . Copy of New York Law Journal page 4 of 4/17/85 concerning regulations and forms of ownership . 9. Copy of ZBA minutes dated 6/23/77 for Appeal 2296 of J . Park Wickham. ZBA pp . 19-27 . 10 . Copy of march 6 , 1985 letter from Planning Board to Forchelli , concerning approval of sketch map for cluster subdivision subject to ZBA approval for variances needed . After the hearing , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that the hearing in Appeal No . 3320 of BAYVIEW DEVELOP- MENT CORP . /SAGE be and hereby is closed (concluded ) . 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 -5- May 2 , 1985 .Regular Meeting INFORMAL : Re : Appeal No . 3308 , Decision of 1 /26/85 for LAUREN KRUG. Mr. Romeo , .-builder for Lauren Krug , requested clarification of the board' s conditions and whether a bay window projection into the rearyard would be in compliance therewith . It was the opinion of the board that since the so-called "bay window" is livable floor area projecting into the rearyard ,_ then Section 100-13 , page 10009 (2 ) [c] of building area would not apply . The restrictions set by pg . 10011 under "livable floor area " will be applicable in this case , and therefore a further reduction of the rearyard area would require additional variance application . Motion was made by Mr. Sawicki , seconded by Mr. Grigonis , and duly carried , to advise Mr . Romeo that under the circumstances an additionall variance application would be necessary since the floor area is extended . REPLY : Continuing on William Gillooly ' s request of earlier this evening , it was the consensus of the board that the premises , as a whol (12 . 421 acres ) contains two frontyard areas since it fronts along the east side of Village Lane . and.i.aTong the west side of Tabor Road . Therefore , locating the subject accessory garage in the location mentioned by Mr . Gillooly would require a variance since it is not rear yard area . (The rearyard area was deemed to be the area designated pursuant to Mr . Lessard ' s determination under Building Permit #13311Z for the accessory swimmingpool , etc . ) APPROVAL OF MINUTES: On motion by Mr. Douglass , seconded by Mr . Goehringer , it was RESOLVED, to approve the Minutes of the Regular Meeting of March 28 , 1985 . 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 -6- May 2 , 1985 Regular Meeting PUBLIC HEARINGS FOR MAY .23_ , 1985 : On motion by Mr. Douglass , seconded by Mr . Goehringer , it was RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of the following public hearings in the Suffolk Times and L . I . Traveler-Watchman pursuant to law which are to be . held at the next Regular Meeting of the Board , to wit : Thursday , May 23 , 1985 , commencing at 7 : 30 p .m. and as follows : 7 : 30 p .m . Appeal No . 3344 - HERODOTUS DAMIANOS. Special Exception for Winery at 37645 Main Road , Peconic . 7 : 35 p .m . Appeal No . 3346 - REYNOLD BLUM ( Pec'onic Bay Vineyards ) Special Exception for Winery at 31320 Main Rd , Cutchogue . 7 : 40 p .n. Appeal No . 3341 - HELEN M. CONWAY . Variance for approval of insufficient lot area , depth and width of parcel to be set-off from 6 acres at Chestnut Road , Southold . 7 : 45 p .m. Appeal No . 3361 - JEAN C . HOLLAND . Variance for approval of insufficient lot area and width of Lots 327 and 328 , Nassau Point Map , Section C , 'and .Lots 36 and 37 , Map ,of Walter Grabie , Cutchogue . 7 : 50 p .m. Appeal No. 3342 - PHILIP REINHARDT. Variance for approval of insufficient area , depth and width of two parcels at the N/s Pine Neck Road , Southold . 8 : 00 p .m. Appeal No . 3351 - ANDREW AND IDA PITRE by A. Wickham , Esq . Variance for approval of an 8 ' by 10 ' accessory shed in frontyard area . 670 Holbrook Lane , Mattituck . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . T'h,is resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3323 - COLGATE DESIGN CORP . (7-11 ) : Application for C.OLGATE DESIGN CORP . , by W. Esseks , Esq . , 108 East Main Street , Riverhead , NY for a Variance to the Zoning Ordinance , Article VII , Section 100-71 for permission to construct accessory build- ing within the westerly sideyard area . Location of Property : 7-11 Store , North Side of Main Road , Cutchogue , NY ; County Tax Map Parcel No . 1000-102-05-24 . WHEREAS, a public hearing was held and concluded on April 11 , 1985, concerning the Matter of the Application of COLGATE DESIGN CORP. , and WHEREAS, the board has considered all testimony and documentation entered into the record including correspondence from R.F. Lark, Esq. and Kull 's Service Station, Inc. , both adjoining property owners, and Southold Town Board of Appeals -7- May 2 , ;'1985 Regular Meeting (Appeal No . 3323 - COLGATE DESIGN CORP . , continued : ) WHEREAS , the board members have personally viewed and are familiar with the premises in question as well- as its ..surrounding area ; and __ WHEREAS , the board made the following findings of fact : 1 . The property in question is- located in a- "B-1 " General Business Zoning District , is situated at the north side of Main Road (S . R . 25 ) , Cutchogue , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , 'Section 102 , Block 05 , Lot 24 . 2 . The subject premises consists of an area of 26 , 117 sq . ft . with a lot width of 99. 08 feet and is improved with one , one-story masonry building set back approximately 90 feet from the front property line along the Main Road , from the westerly side__ property_ line 181 feet (exclusive of fence enclosure ) , 17 feet from the easterly side property line (exclusive of portable dumpste.r ) , and 130 feet from the rear property line . 3 . Applicant is . proposing by this application to construct a 10 ' wide by 12 ' deep accessory building for storage of empty bottles and cans , necessary since the recently - enacted New York State bottle law , and will be utilized in lieu of .the portable dumpster (which is to be relocated either to the north of the proposed building or in the rearyard area ) . 4 . The proposed accessory building is to be located along the westerly side of the existing store with a setback. of eight feet. Also shown on the March 13 , 1984 site plan is the removal of the chainlink fencing at the easterly side yard . 5 . Article VII , Section 100-71 and Bulk Schedule of the Zoning Code require a minimum _sideyard total of 50 feet , with a minimum of 25 feet for each side yard for buildings in this zoning district . In considering this application , the board has determined : (1 ) that the relief requested will not change the character of the neighborhood; (2 ) that the relief requested will not be detrimental to adjoining properties ; (3 ) that by this proposal , the easterly yard area would be left open for accessibility by emergency (and other ) vehicles ; (4 ) that the interests of justice will be served by allowing same as noted below . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that the relief requested under Appeal No . 3323 in the Matter of the Application of COLGATE DESIGN CORP . for permission to locate 10 '. by 12 ' accessory building for the purposes of storage of empty bottles and cans with a setback of not less than eight feet from the westerly side property line , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The westerly sideyard be not less than eight feet ; 2 . That there be no protrusion of the subject building Southold Town. Board of Appeals -8- . May 2 , 1985. .Regular Meeting (Appeal No . 3323 COLGRTE 'DESIGN C0R'P < , continued ) into the frontyard area; 3. That the subject building be used only for storage purposes (and not additional business sales area) ; 4. That the easterly side yard must be. open and unobstructed (except with an unlocked gate ) to allow egress andr.rrgress for emergency and other vehicles , or this variance will automatically be deemed null and void . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PUBLIC HEARING : Appeal No . 3327 - EMILIA T. PIKE : Application for EMILIA T. PIKE , by A. Wickham , Esq . , Main Road , Mattituck , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1 , located at the North Side of Main Road , Mattituck , NY ; County Tax Map Parcel No . 1000-140-03-26 . WHEREAS , a public hearing was held and concluded on April 11 , 1985 , concerning the Matter of the Application of EMILIA T. PIKE , and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application , and WHEREAS , the board members have personally viewed and are familiar with the premises in question .as well as its surrounding area ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in an "A" Residential and Agricultural Zoning District , is situated at the north side of the Main Road (S . R. 2.5 ) , Cutchogue , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 140 , Block 03 , Lot 26 . 2 . The subject premises consists of a total area of 90 ,382 sq . ft . with a total frontage along the Main Road of 311 . 05 . 3. By this application , appellant proposes a set-off division of land for proposed Parcel No . 1 of 29 , 921 sq . ft . in area and Southold Town Board of Appeals -9- May 2 , 1985 Regular Meeting (Appeal No . 3327 - EMILIA T . PIKE, continued : ) 100 . 12 feet in lot width and for Parcel No . 2 of 60 ,461 sq . ft . in area and 210 feet in lot width , which Parcel No . 2 is improved with an existing one-family dwelling and small accessory shed in the rearyard area . 4 . Article III , Section 100-.31 , and Bulk Schedule of the Zoning Code require a minimum of 80 ,000 sq . ft. in lot area and 175 ft . in lot width effective May 20 , 1983 ; 5 . In viewing the immediate area , there are lots existing with areas ranging from 19, 500± sq . ft . to 37 ,000± sq . ft . In considering this application , the board has determined that although there are lots of .si.mi. lar size existing in the neighborhood , the lot to be set-off is more than double the size of the lot to be retained , and a more equal division should be established which would not set a precedent for this area and would then be substantially less of a variance from the require- ments of the zoning code . . The board has also determined that the application "as applied'" be denied since : (1 ) the relief as requested is subst_antial - in relation to the- requirements of zoning ; (2 ) that the grant of the variance will be detrimental to the character of the area and may set precedents ; (3 ) the relief as requested is not unique ; (4 ) there is a more feasible plan which should be established to be more compatible with the general area . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Sawicki , it was RESOLVED , that the relief as applied under Appeal No . 3327 in the Matter of the Application of EMILIA T . PIKE for approval of Parcel 1 of 29 , 921 sq . ft . in area and 100 . 12 lot width , and of Parcel 2 of 60 ,461 sq . ft . in area , BE AND HEREBY IS DENIED WITHOUT PREJUDICE. 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 -10- May 2 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3330 - DOMINICK VARANO : Application of DOMINICK VARANO , by R. Lark , Esq . , Box 973 , Cut- chogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 ., Bulk Schedule for approval of insufficient area of proposed Lot 3 , at premises 6750 Indian Neck Road , Peconic , NY ; County Tax Map Parcel No . 1000-86-07-004 . WHEREAS , a public hearing was held and concluded on April 11 , 1985 , concerning the Matter of the Application of DOMINICK VARANO , and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this _application including corres- pondence received in behalf of an adjoining property owner dated February 14 , 1985 , and WHEREAS , the board members have personally viewed and are familiar with the premises in question as well as its surrounding area , and WHEREAS , the Southold Town Planning at its meeting held March 18 , 1985 , recommended approval of the subject variance application , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in an "A-80 " Residential and Agricultural Zoning District , is situated on the southerly side of Indian Neck Road , Peconic , and is. more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 86 , Block 7 , Lot 4. 2 . The subject premises as a whole contains 5 . 245 acres with a total frontage along Indian Neck Road of 249 . 10 feet and a minimum width of 195 feet . 3 . By this application , appellant proposes a division of land as follows : (a ) proposed Lot 1 of 80 ,000 sq . ft . in area , (b) proposed Lot 2 of 80 ,000 sq . ft . in area , (c ) proposed Lot -3 of 76 , 300 sq . ft . in area . 4 . Proposed Lot 3 is improved with an existong one-family , two-story frame house and an accessory structure which is depicted as "garage-apt" on the survey map as amended September 6 , 1984 . 5 . Article III , Section 100-31 and Bulk Schedule of the Zoning Code require a minimum of 80 ,000 sq . ft . in lot area (effective May 20 , 1983 ) . 6 . The relief requested of proposed Lot #3 is approximately five percent ( 5%) of a variance from the requirements of zoning Southold Town Board of Appeals -11 - May 2 , 1985 Regular Meeting ,(Appeal No . 3330 - DOMINICK VARANO , continued': ) and which the board finds is not substantial under the circum- stances . 7 . It is noted for the record that it is the understanding of the board that the property has always been used for a single family purpose , and therefore does not recognize the accessory structure as a "garage-apartment . " In considering this application , the board has determined that the relief as requested be granted since : (1 ) the relief requested is not substantial in relation to the requirements of zoning , (2 ) the grant of this variance will not be detrimental to the character of the area and will not adversely affect adjacent properties , (3 ) the practical difficulties are sufficient , (4 ) in view of the manner in which the difficulties arose , the interests of justice will be served . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Sawicki , it was RESOLVED , that the relief requested under . Appeal No . 3330 in the Matter of the Application for DOMINICK VARANO for approval of the lot area of proposed Lot #3 of 76 ,300 sq . ft . , BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITION : That Lot #3 shall be restricted to one-family use only with . no additional sleeping or living quarters in any accessory buildings (except as may be allowed .by legislative action in amending the current zoning code ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigon,is , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members. a Southo1ld. Town.. Bo.ard of Appeals -12- May..2 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3295 : Application of FLEET' S NECK PROPERTY OWNERS ASSOCIATION INC . and WILLIAM NICOL , Cutchogue , NY for a Variance Appealing New York Town Law , including Section 280-a to cancel , revoke and nullify the building permit issued for the, erection of a dwelling upon premises known and referred to as 1000 East Road , Cutchogue , NY ; Tax Map District 1000 , Section 110 , BLock 7 , Lot 28 (now of .Gustave J . Wade ) . This is an appe.al by the Fleets Neck Property Owners ' Association , Inc . (FNPOA) of the issuance of a building permit by the Building Inspector to Gustave J . Wade (Wade ) to construct a dwelling on his property located east of East Road in the area known as Fleets Neck at Cutchogue and shown on the Suffolk County Tax Map as District 1000 , Section 110 , Block 7 , Lot 28 . The permit was issued on June 20 , 1984 as permit No . 13244Z. The appeal ( in letter form) was filed with the Board of Appeals on September 26 , 1984. It is claimed by the Appellant that said permit was issued in' violation of the provisions of Section 280-a of the Town Law and requests that the same be revoked and canceled . Hearings were held on January 10 , 1985 and March 2.8 , 1985 at which hearings the Appellant and Wade and their attorneys were given much lattitude to present their respective arguments and their versions of the factual background leading to this appeal . From all of the testimony presented and from a review of the records of the Board of Trustees , deeds and other recorded agreements , the Board finds that Wade is the owner of a parcel of land comprising approximately 15 ,000± sq . ft . ( .,347 acre ) on the shore of Eugenes Creek (formerly an island ) which is separated from the easterly termi - nus, of. East Road by land owned by the Board of Trustees (Trustees ) of the Town of Southold ; that Wade applied to the Trustees for a convey- ance or a grant of an easement across the Trustees ' lands from the easterly terminus of East Road easterly approximately 75 feet to Wade ' s land . Such request was denied and Wade thereafter commenced an Article 78 proceeding against the Trustees seeking to reverse such determination . The Supreme Court remanded the matter to the Trustees directing that it prepare findings of fact and conclusions . On January 30 , 1985 , the Trustees complied with such direction and adhered to its original determination and denied the relief sought by Wade . As previously stated , the basis of Appellant ' s appeal is noncompli - ance with Section 280-a of the Town Law. I_n a letter from the Building Inspector to this Board dated January 10 , 1985 , the Building Inspector stated that he issued the permit on the basis that .the property is technically an island and that access thereto was by water , There is no question that Wade Southold Town Board of Appeals -13- May 2 , 1985 Regular Meeting (Appeal No . 3295 - FLEETS NECK PROPERTY OWNERS/WADE , continued : ) thereafter proceeded with construction work on the site gaining access thereto by constructing a roadway from the easterly terminus of East Road across land owned by the Trustees despite the fact that the use of Trustee land for such purpose has been denied by the Trustees . . In this appeal ; Appellants seek a determination that the building permit issued to Wade was issued in violation of Section 280-a of the Town Law and therefor invalid and void : At the hearing on this appeal , much testimony was given on the question of the revocation or attempted revocation of the permit , and the validity of a stop work order issued by the Building Inspector . Since the appeal is limited to the validity of the issuance of the building permit , the Board need not pass upon such issues in this appeal . Subdivisions 1 , 2 , and 3 of Section 280-a of the Town Law provide as follows : " Section 280-a . Permits for buildings .not on improved streets . 1 . No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan , or if there be no official map or plan , unless such street or highway is (a ) an existing state , county or town highway , or (b ) a street shown upon a plat approved by the planning board as provided in sections two hundred seventy-six and two hundred seventy- seven of this article , as in effect at the time such plat was approved , or (c) a street on a plat , duly filed and recorded in the office of the county clerk or register prior to the appointment of such planning board and the grant to such board of the power to approve plats . 2 . Before such permit shall be issued such street or highway shall have been suitably improved to the satisfaction of the town board or planning board , if empowered by the town board in accordance with standards and specifications approved by the town board , as adequate in respect to the public health , safety , and general welfare for the special circumstances of the particular street or highway . Alternatively , and in the discretion of such board , a performance bond sufficient to cover the full cost of such improvement as estimated by such board shall be furnished to the town by the owner . Such performance bond shall be issued by a bonding or surety company approved by the. town board or by the owner with security acceptable to the town board and shall also be approved by such town board as to form , sufficiency and manner of execution . The term , manner of modification and method of enforcement of such bond shall be determined by the appropriate board in substantial conformity with section Southold Town Board of Appeals -14- May 2 , 1985 Regular Meeting (Appeal No . 3295 - FLEETS NECK PROPERTY OWNERS and NICOL : ) two hundred seventy- seven of this article . 3 . Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship , or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways , the applicant for such a. permit may appeal from the decision of the administrative officer having charge of the issue of permits to the board or . appeals or other similar board , in any town which has established a board having power to make variances or exceptions in zoning regulations , and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations . The board may in passing on such appeal make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout . Any such decision shall be subject to review by certiorari order issued out of a special term of the supreme court in the same manner and pursuant to the same provisions as in appeals from the decisions of such board upon zoning regulations . " The provisions of subdivision 1 of Section 280-a are clear. In essence , it provides that "No building permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been placed on the official map or plan , or . . . unless such street or highway is (a ) an existing state , county or town highway , or (b ) a street shown upon a plat approved by the planning board— or (c ) a street on a plat duly filed and recorded in the office of the county clerk . . . prior to the appointment . of such planning board . . . The Town of Southold has no official map or plan . Therefore , the Building Inspector may not issue a permit under. Section 280-a (1 ) of the Town Law , unless the street ,giving access to the proposed structure is : (a ) an existing town highway , or (b ) a street shown upon a plat approved by the planning board , or (c ) a street on a plat filed prior to the appointment of the planning board. There is no evidence that the access from East Road to the proposed structure meets the requirements of (a ) , (b ) , or (c ) of subdivision 1 of Section 280-a of the Town Law. In fact , it is undisputed that no street or highway giving access to the Wade premises is in exist- ence . The evidence is that the premises is separated from East Road by land of the Trustees , and that the Trustees have denied access across such land to the Wade premises . The provisions of Section 280-a of the Town Law .have been held Southold Town. Board, of Appeals ~ l5- May. 2 , 1985' 'ReguTar .Me.eting (Appeal No . 3295 -FLEETS NECK PROPERTY OWNERS and NICOL : ) to be mandatory . (Mtr . Truesdale Owners ' Assn . v . Collin 22 Misc . 2d 27 ) Now , therefore , on motion by Mr . Grigonis , seconded by Mr . Goeh.ringer , BE IT RESOLVED, that it is the decision of this board that since the application for a building permit did not comply with the provisions of subdivision 1 of Section 280-a of the Town Law, the Building Inspector had no authority to issue a building permit , and the building permit issued by him to Wade on June 20 , 1984 , is hereby determined to be void. Subdivision 3 of Section 280-a of the Town Law provides for relief where the enforcement provisions of the section would entail practical difficulty or unnecessary hardship . If the owner of the premises is aggrieved , he may apply to this board for a relief provided by Section 280-a (3 ) of the Town Law. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING -DECISION : Appeal No . 3205 : Application of 'GUSTA-VE "J . WADE by Cron and Cron , Esqs . , Main Road , Cutchogue , NY for a Variance to Article XIV , Section 100-.142 as utilized for an alleged violation of Section 267 of New York Town Law , for rein- statement of Building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road , Cutchogue , NY; Tax Map District 1000 , Section 110 , Block 7 , Lot 28 . The public hearings on this matter were held on January 10 , 1985 and March 28 , 1985 . This is an appeal of a -determination of the Building Inspector whereby he purportedly revoked Building Permit No . 13244Z issued to Appellant Wade for the construction of. a_ dwelling on Appellant ' s land adjacent to Eugene ' s Creek at Cutchogue , New. York . By Appeal No. 3295 , this Board determined that Building Permit No . 13244Z was improperly issued and declared the same void. Since the permit was void from its inception , _..it should not be re.instated. As stated in Appeal No . 3295 , in which Appellant herein participated , Southold Town Board of Appeals -16- May 2 , 1985 Regular Meeting (Appeal No . 3205.:- GUSTAVE J . WADE , continued : ) Appellant ' s remedy is by way of an appeal to this board pursuant to the provisions of subdivision 3 of Section 280-a of the Town Law. Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , IT WAS RESOLVED , that Appellant ' s remedy is by way of an appeal to this board pursuant to the provisions of subdivision 3 of Section 280-a of the Town Law . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3350 : Application of JOSEPH LIZEWSKI , 29205 Main Road , Cutchogue , NY for a Variance to the Zoning Or Tnance , Article III , Section 100-30 (B ) [6] for permission to construct building for private membership with an insufficient setback from the easterly property line . Location of Property : North Side of Main Road and East Side of Depot Lane , Cut- chogue , NY ; County Tax Map Parcel No . 1000-102-02-12 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on April 11 , 1985 concerning the Matter of the Application of JOSEPH LIZEWSKI under Appeal No . 3350 , and WHEREAS , the board members have personally viewed and are familiar witht he premises in question as well as its surrounding area , and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application , and WHEREAS , there has been no opposition entered in the record up until the conclusion of the public hearing , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a " B-Light Business " Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9 , 1982 . 2 . The property in question fronts along the north side of the Main Road (State Route 25 ) 147 . 39 (and 116 . 37 ) feet and is also situate with frontage along the east side of Depot Lane 173 . 13 feet (and 233 . 7 feet) , and is shown to contain an area of approximately 1 . 5 acres and approximately .20 ,000± sq . ft . including the one-family dwelling and lot at the corner of Depot Lane and Main Road , also owned by the applicant . Southold Town Board of Appeals -17- May 2 , 1985 Regular Meeting Appeal No . 3350 - JOSEPH LIZEWSKI (variance ) , continued : ) 3 . The subject premises is improved as shown on the site plan dated April 6 , 1984 , for one-family residence and professional office uses . 4 . By this application , applicant proposes to construct a 44 ' by 66 ' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet , which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure . 5 . Article III , Section 100=30 ( B) [6] permits annual membership clubs catering exclusively to -members and their guests subject to the following requ_i remen_t_s (a ) No building or part thereof or any parking or loading area shall be located within one hundred ( 100 ) feet of any street line nor within fifty (50 ) feet of any lot line . . 6_ It is the opinion of the board that the easterly sideyard . has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30 (B ) [6] , that the relief requested is minimal and is in harmony with the intent of the. zoning ordinance . In considering this application , the board has determined that the relief as requested be granted since : (a ) the relief is- not substantial ; (b ) the relief will not be. detrimental to adjoining properties ; (c ) the relief will not adversely affect the character of the district; . (d ) the practical difficulties are sufficient to warrant approval hereof ; (e ) the circumstances are unique si.nce the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to " B-Light" ; (f) in view of the manner in which the difficulties arose , the interests of justice will best be served by allowing same , as noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING : w. Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces ( inclusive of handicapped parking) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis_, Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all . the members . Sout'hold Town Board of Appeals -13- May 2 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3322 : Application of JOSEPH LIZEWSKI , 29205 Main Road , Cutchogue , NY for a Special Exception to the Zoning Ordinance , Article III , Section 100-30- (b ) [6] and Article VI , Section 100-60 ( B) [1 ] (a ) for permission to establish recreational use (private racquetball membership club ) at premises located on the north side of Main Road and east side of Depot Lane , Cutchogue , N.Y ; District 1000 , Section 102 , Block 02 , Lot 12 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held initially March 7 , 1985 and was concluded. on April 11 , 1985 concerning the Matter of JOSEPH LIZEWSKI under Appeal No . 3322 , and WHEREAS , the board members have personally viewed and are familiar with the. subject premises as well as its surrounding area , and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter , -a-nd WHEREAS , there has been no opposition entered in the record up until the conclusion of the public. hearing , and WHEREAS ,. the board made the following findings of fact : 1 . The property in question is located in a " B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9 , 1982 . _ 2 . The property in question fronts along the north side of the Main Road (State Route 25 ) 147 . 39 (and 116. 37 ) feet and is also situate with frontage along the east side of Depot Lane 173 . 13 feet (and 233. 7 feet) , and is shown to contain an area of approximately 1 . 5 acres and approximately 20 ,000± sq . ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road , also ow.ned _by the applicant . 3. The subject premises is improved as shown on the site plan dated April 6 , 1984 , for one-family residence and professional office uses . 4 . This is an application for a Special , Exception by which applicant proposes to construct a 44 ' by 66 '., recreational addition for use as a private racquetball membership club with a setback at 32 feet from the easterly side property line . 5 . Article III , Section 100-30 (B) [6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from Southold Town Board of Appeals =19- May 2 , 1985 Regular Meeting �Appea'il No . 3322 - JOSEPH LIZEWSKI [Special Exception] , continued : ) the Planning Board in accordance with Section 100-134 of the Code. 6 . For the record it is noted that conditional approv.al ha.s' been made simultaneously herewith to grant_ an. insufficient sideyard setback from the easterly property line at. 32 feet under Appeal , No . 3350 . In considering this application , the board determines : . (1 ) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2 ) that the safety , health , welfare , comfort , convenience and order of the town will not . be adversely affected by the proposed use and its location ; (3 ) the use is in harmony with and will promote the general purposes and intent of zoning since .it is a permitted use . In .passing upon this application , the board has also considered items ', (a ) through (1 ) of, Article XII , Section . 100-121 (C)[2] of the Zoning Code . Accordingly, on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that a Special Exception as requested under Appeal No . 3322 in the Matter of the Application of JOSEPH LIZEWSKI .at premises known and identified on the Suffolk County Tax Map as District 1000 , ,Section 102 , Block 02 , Lot 12 . 1 , BE AND HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING : Modification of the Site Plan by the. P1ann.in.g Board to include a minimum of 27 parking s,paces '( inclusive of handicapped parking ) . 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. Goehri.nger , it was RESOLVED , to declare the following "Negative Declarations pursuant to Part 617 of the implementing-'regulations to. Article 8 of the Environmental Quality Review Act of ,the Environmental Con- servation Law and Local Law #44 of the Town of Southbld, to wit : I Southold Town Board of Appeals -20-May 2 1985 Regular Meeting S.I?.Q.R.A. NrGATIVE ENVIRONMI'NTAL DECLARATION Notice of. Determination of Non-Significance APPEAL NO. . #3346 PROJECT NAME : Blum Reynold ( Peconic. Bay Vineyards ) Tihis notice is issued pursuant to Part 617 of the implementing regulations pertaining to At.ti.cle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #4,4-•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 Iagency which 'ntay .also have an application pending for the same or similar project. TYPEOF ACTION: [ ] Type II [XA Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to.-construct and operate a winery, and vineyard LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 31.320 Main Road , "Cutchogue,.. 'NY SCTM# 103-1-19. 11 REASON(0) SUPPORTING -THIS DETERMINATION: (1.) An Environmental. Assessment in the short form has been submitted which indicates t.hat.. no' significant: adverse effects to the environment are likely t_o occur should this project bu imple- mented, as planned; (2) ' The property in question is not located. within' 300 feet of tidal wetlands of other critical envir.onmental. area .. Southold Town Board of Appeals -21 - May 2 , 1985 Regular Meeting Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass , Doyen and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3329 : Appl.ication of BRIDEN MACHINE CORP . , Box 881 , Mattituck , NY for a Variance to the Zoning Ordinance , Article VIII , Section 100-81 , Bulk Schedule for permission to construct machine shop building with insufficient side and rear yard setbacks at 555 Westphalia Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 141 , Block 03 , Lot 35- WHEREAS ; a public hearing was held and concluded in the Matter of the' Application of BRIDEN MACHINE CORPORATION on March 28 , 1985 , and WHEREAS , the board members have personally viewed and are - familiar with the premises in question as well as its surrounding area , and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a "C-Light" Indus- trial Zoning District a's adopted by resolution of the Town Board on November 15 , 1983 , and contains a total area of 34 ,450± sq . ft . with frontage of 156 . 75 feet along Westphalia Avenue ; 2 . The subject premises is identified as District 1000 , Section 141 , Block 3 , Lot 35 on the Suffolk County Tax Maps and is improved with. one concrete block building set back 1 . 4± feet from its front property line along Westphalia Avenue and 28± feet at its nearest point from the easterly ( side ) property line . 3. By this application , appellant requests relief from Article VIII , Sections 100-81 and 100-80 ( B) [1 ] for permission to construct an 80 ' by 180 ' building for industrial use with an insufficient setback : (a ) from the most south-easterly property .line at its nearest point eight feet ; (b ) from the most south- westerly property line along land now of Penny , five feet ; (c ) from the property line along the southerly side of land now of Ruland ; 10 feet . 4. The subject premises is of a very unique character being an "L"-shaped parcel and therefore lends itself to the .--- practical difficulties warranted in the granting of this application . Southold Town Board of Appeals -22- May 2 , 1985 Regular Meeting 5 . For the record it is noted that the Planning Board on April 1 , 1985 has reviewed the site plan in question and submitted its recommendations as noted in its letter dated April 4 , 1985 ; 6 . It is also noted that an application for a Special Exception has simultaneously been filed with this variance request under Application No . 3328 pursuant to the requirements of Article VIII , Section 100-80 (B ) [1 ] . In considering this application , the board has determined that the relief as requested 'be granted since : (a ) the relief requested will not adversely affect adjoining properties ; ( b ) the character and shape of the subject premises warrant the granting of the relief requested since a majority of the property would be practically unbuildable if required to meet all of the setbacks in this zoning district ; (c ) the circumstances are unique ; (d ) in view of the manner in which the difficulties arose , the interests of justice will be served by allowing the relief as noted below . Accordingly , on motion by Mr. Douglass , seconded by. Mr . Goehringer , it was RESOLVED, that a variance be granted under Appeal No . 3329 in the Matter of the Application of BRIDEN MACHINE .CORP . , for permission to construct a one-story building for industrial use (reduced in size to conform ) SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Minimum 15 ' rearyard setback from the southerly property line (abutting Penny) ; 2 . Minimum 23 ' setback from the most easterly property line (abutting LIRR) ; 1 3. Minimum 23 ' setback as proposed from the northwesterly side line (abutting land of .Boufford ( 1000-141 -3-36 ) . Location of Property : 555 Westphalia Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-141 -03-035 . 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 -23- May 2 , 1985 Regular Meeting PENDING. DECISION : Appeal No . 3328 : Application of BRIDEN MACHINE CORP . , Box 881 , Mattituck , NY for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial " Zoning District , parcel identified as County Tax Map District 1000 , Section 141 , Block 03 , Lot 35 ; 555 Westphalia Avenue , Mattituck , NY . WHEREAS , a public hearing was held and concluded in the Matter of the Application of BRIDEN MACHINE CORPORATION under Appeal No . 3328 on March. 28 ,- 1985 , and WHEREAS , the board members have personally viewed and are familiar with the premises in question as well as its surrounding area , and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a "C-Light" Indus- trial Zoning District as adopted by resolution of the Town Board on November 15 , 1983 , and contains a total area of 34 ,450± sq . ft . with frontage of 156 . 75 feet along Westphalia Avenue ; 2 . The subject premises is identified as District 1000 , Section 141., Block 3 , Lot 35 on the Suffolk County Tax Maps and is improved with one concrete block building set back 1 . 4± feet from its front property line along Westphalia Avenue and 28± feet at its nearest point from the easterly ( side ) property line . 3 . By this application , appellant requests relief from Article VIII , Sections .100-81 and 100-80 ( B) [1 ] for permission to ,construct an 80 ' by 180 ' building for industrial use with .an insufficient setback : (a ) from the most south—easterly property line at its nearest point eight feet ; (b ) from the most south- westerly property line along land now of Penny , five feet; (c ) from the property line along the southerly side of land now of Rul and , 10 feet . 4. The .subject premises is of unusual character being an "L"-shaped parcel , and simultaneously herewith an application for an area, variance was conditionally granted under Appeal No . 3329 for insufficient setbacks . 5 . For the record it is noted that the Planning Board on April 1 , 1985 has reviewed the site plan in question pursuant to the requirements of Section 100-80 (B ) [1 ] and submitted its recommendations as noted in its letter dated April 4 , 1985 ; I _ I - • I Sou•thold: Town Board of Appeals - -24- May 2 , 1985 Regular Meeting In considering this application , the board determines : (1 ) the use will not prevent the .orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (2 ) the safety , health , welfare , comfort , convenience and order of theitown will not be adversely affected by the proposed use and its location (3 ) -the use is in harmony with and will promote the general purposes and intent of zoning . In passing upon this application , the board has also considered items (a ) through (1 ) of Article XII , Section 100- .121 (C) [2] of the Zoning Code . Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , that a Special ' Exception be granted under No . 3328 in the Matter of the Application of. .BRIDEN MACHINE CORP . .to establish and use the proposed one-story industrial building as a machine shop as shown on the proposed plot plan dated 12/21 /84 , received 1 /29/85 , and in accordance with the following CONDITIONS : 1 . Minimum 15 ' rearyard. setback from the southerly .property line (abutting land now of Penny ) ; 2 . Minimum 23 ' . setback from the most easterly property - 1 -ine (abutting LIRR) ; 3 . Minimum. 23 ' setback as proposed . from the northwesterly -side line (abutting land now of Boufford, 1000-141 -03-36 ) . i Location of Property : 5.55 Westphalia Avenue , Mattituck, NY ; County Tax Map Parcel No . 1000-141 -03-035 . Vote of the Board : Ayes: , . Messrs . Goehringer , Grigonis , Doyen , Douglass and. Sawicki . . This res.olution .wa's adopted by unanimous vote of'.all the members . APPEAL NO . 3343 - WILBUR- 'BALDWIN by Ken Schuler . The `subject application was fi..led .for an accessory building to be converted for sleeping quarters at Vanston Road and Haywaters Road , Cutchogue . Since the filing of same , numerous objections have been received and copies forwarded to the applicant. On April 18, 1985 , this board received a written request from the app,licant. requesting a withdrawn of this appeal The board r took the following action : _ I . I Southold Town Board of Appeals -25- May 2 , . 1985 Regular Meeting (Appeal No . 3343 - WILBUR BALDWIN , continued : ) On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that Appeal No . 3343, application for WILBUR BALDWIN 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 . 3340 - PERICONI AND CIMINI by Rudolph Bruer , Esq . The subject appeal was filed on March 14, 1985 for a proposed division of land with insufficient lot area and insufficient setbacks at the North Side of C . R. 48 , Peconic . Comments were received from the Planning. Board on April 17 , 1985 . On April 23 , 1985 , written communications was received from Mr . Bruer requesting a withdrawal of the subject application and to be advised if his clients are entitled to any reimbursement of fees paid. The board took the following action : On motion by Mr. Goehringer , seconded by Mr. Sawicki , it was RESOLVED , that Appeal No . 3340 , application for JAMES PERICONI and MARION CIMINI 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 . DELIBERATIONS : Appeal No . 3326 : WILLIAM AND HELEN COSTER. The board briefly discussed the particulars of the subject applica- tion , for. 4vhich a public hearing was held and concluded on April 11 , 1985 . Mr. and Mrs . Coster were present . . . Concern was mentioned,_, as to the need of an additional 10 ' from the frontyard off Main Road (total 45 ' setback instead ) to allow for possible widening of the road and concerns on traffic safety being within 200 feet of three separate street intersections . The board members agreed to reinspect and table a decision on this matter until the next meeting . NEW APPLICATION : Appeal No . 3349 - CLIFFSIDE ASSOCIATES (Tide Mark , .Tetaldi ) filed by Richard Haefeli , Esq . The board reviewed the site plan amendments filed April 18 , 1985 after field inspecting the premises in question . Motion was made by Mr. Goehringer , seconded by Mr. Grigonis , to declare this application "complete " and to declare the following " Positive Declaration , " all pursuant to the rules and requirements of the New York State Environmental Quality Review Act : s ti Southold Town Board of Appeals -26- May 2 , 1,985 Regular Meeting (Appeal No . 3349 - CLIFFSIDE ASSOCIATES/TIDEMARK, continued : ) Location of Property in Question : North Side C . R. 48, Greenport Suffolk County Tax Map District 1000 , Section 45 , Block 01 , Lots 1 & 2 Project Proposed : Forty-six (46 ) dwelling units in six buildings on 7 .002± acres per site plan as amended and submitted April 18 , 1985 . ENVIRONMENTAL DECLARATION Pursuant to Section 617 . 7 of the N . Y . S . Department of Environ- mental Conservation Act , Article 8 of the Environmental Conservation Law , and Section 44-4 of the Southold Town Code , and in order to commence the processing of the SEQRA procedures , the Board of Appeals of the Town of Southold at this time declares itself lead agency in this proposed project and hereby classifies 'the same as an Unlisted Action which may have significant adverse effects upon the environ- ment for the following reasons : 1 . A complete traffic study is necessary to properly assess the impacts at Route 25 and Chapel Lane , traffic safety and flow, and visibility of oncoming traffic from either a westerly direction or easterly direction within the "S-turns" along Route 25 (particularly at the highest speed permitted by law in this area ) ; 2 . A complete study is necessary as to the effects on the Long Island Sound due to soil erosion , alteration of surface drainage and water runoff caused by new construction , regrading , and new roads ; 3. A complete study is necessary as to the impact of this new construction , its disruptive effects on the neighborhood ( including but not limited to nearby residences and existing nursing home resi - dences ) ; 4 . A complete study is necessary as to the effects of the quality of ground water if a water source other than a public water system with the Village of Greenport is to be considered and approved; 5 . A complete study is necessary as to the effects of the quality of ground water if a private water (well ) system is to be considered and approved; 6 . A complete study is necessary as to the effects of the quality of drinking ground water and ground pollution if a private sewage system is to be considered and approved . It is hereby requested that the applicant and/or his agent furnish our department with a Draft Environmental Impact Statement (DEIS ) in accordance with Section 617 . 8 and as stipulated above . . Southold Town Board of Appeals -27- May 2 , 1985 Regular Meeting (Appeal No . 3349 - CLIFFSIDE ASSOCIATES/TIDEMARK, continued : ) Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . On motion by Mr. Goehringer , seconded by Mr. Douglass , it was FURTHER RESOLVED, that the Secretary is hereby authorized to coordinate copies of the Notice of Position Declaration to the following agencies pursuant to Section 617 .8 of the State Environ- mental Quality Review Act : Mr. Robert F . Flacke , Commissioner N . Y . S . Department of Environmental Conservation 50 Wolfe Road Albany , NY 12233 Mr . Stephen A. Costa , P . E . , Chief Wastewater Management Section Suffolk County Department of Health Services County Center Riverhead , NY 11901 Mr. Thomas J . McDonald N . Y. S . Clearinghouse State Capitol Albany , NY 12224 L . I . Regional Planning Board Veterans Memorial Highway Hauppauge , NY 11787 Southold Town Planning Board Town Hall Southold, NY 11971 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. Goehringer , it .was RESOLVED, to declare the following Environmental Declarations pursuant to -2 - a 2 1985 Regular Meeting . Southold Town Board of Appeals 9 May g g S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3344 PROJECT NAME: HERODOTUS DAMIANOS 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 KX1 Unlisted 1- 1: DESCRIPTION OF ACTION: Special Exception for winery for retail sale and production of grapes . LOCATION OF PROJECT: Town of Southold" County' of Suffolk, more particularly known as: 37645 Main Road , Peconic , NY; 1000-085-02-1-5; 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; 42) The property .in question is not located within 300 feet of. . , . tidal ', wetlands or other critical environmental area . Southold Town. Board of Appeals -30- May 2 , 1985 Regular Meeting f, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION � I Notice' of Determination of Non-Significance APPEAL NO. : 3351 PROJECT NAME: ANDREW AND IDA PITRE 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.i 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: Variance to construct shed in frontyard: . . LOCATION OF PROJECT: Town of Southold, County-.of Suffolk,. more particularly known as: 670 Holbrook Lane , Mattituck , NY ; 11376-8. 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 is landward of existing structures . Southold Town Board of .Appeals =31 - May 2 , 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. i 3341 PROJECT NAME: HELEN M. CONWAY 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• Set off creating tow lots , one which will have insufficient lot area , width and depth . LOCATION OF PROJECT: Town of Southold, .County_ of Suffolk, more particularly known as: Chestnut Road , Southold, NY . REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adver.se 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 30.0 feet of tidal ,wetlands or other critical environmental area Vote -o-f--the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Sou h.o. d. Town. Board. of. A eals -32 May 2 1985 Regular Meeting pp Y � 9 9 I PUBLIC HEARINGS FOR MAY 23,. 1985 :. On motion by Mr. Goehringer, seconded by Mr. Sawicki , 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 : T.HURS'DAY ,� MAY 235 1985 , to be held at the Southold Town Hall , Main Road , Southold , NY : 7 : 30 p .m. Appeal No . 3344 - HERODOTUS DAMIANOS . Special Exception for Winery and Production of Grapes 7 : 35 p .m. Appeal No . 3346 REYNOLD BLUM. Special Excep- tion for Winery and Production of Grapes 7 : 40 p .m. Appeal No . 3341 - HELEN M. CONWAY - Insufficient lot area , depth and width of parcel �to be set-off _from 6 acres . Chestnut Road , Southold .' 7 : 45 p .m. Appeal No . 3361 - JEAN C . HOLLAND. Insufficient lot area and width re-division of Lots 327 and 328 , Nassau Point , Section C , and Lots 36 and 37 , Map of Walter Grabie , Cutchogue . 7 : 50 p .m. Appeal No . 3342 - PHILIP .REINHARDT For approval of insufficient area , depth and wivdth of two parcels at the N/s Pine Neck Road , Southold . 8: 00 p .m. Appeal No . 3351 - ANDREW AND IDA PITRE - For approval of accessory shed in frontyard . Holbrook I Lane , Mattituck . , Vote - of ; the - Board: -. A�,Os : Messr- s : - GoehHhge'r ; . Grigonis , Doyen , Douglass. and Sawicki . ..This resolution was adopted by unanimous vote of� all the members . DISCUSSION : WETLANDS SETBACKS: The board members discussed the recent legislation passed under Local Law #4-1985 concerning setback restrictions for all structures , requiring applications and approvals from both the Southold Town Trustees and the ,Z . B . A. Recently , Gary Doroski was referred to the Town Trustees and the ZBA by� NOtice of DIsapproval dated April . 17th , even though he received other necessary zoning setback- variances as recent - as 2/14/8;5 from the ZBA. Mr. Doro'ski ' s application for a building permit was filed since 9/21 /84 and has. been pending DEC approval. which was issued on April 9th . On April 1st Local Law. #4 was filed with tiwhe NYS Secretary of State . It was the consensus of the board Southold Town. Board of Appeals --33- May 2 , 1985 Regular Meeting • - - - - that Mr . Doroski should receive a refund of the $75 . 00 filing fee and should be exempt from the new law since his proposal has previously received approval from the Z . B .A . The Secretary was authorized and directed to send a letter to the Supervisor and the Town Board requesting same . There being no other business properly coming before the board at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at 11 : 10 p .m. Respectfully submitted , Li da F . Kowalski , Secretary Southold Town Board of Appeals /Gerard P . Goe_ ringe Chairman May 23 , 1985 (Transcript of verbatim statements made during hearings are prepared and filed under separate cover . ) .1_ RECEIVED AND tY"i THE SOUTH OLD DATE /�7/�� HOPP,a: o Pnl Town Clerk, Town of Southold