HomeMy WebLinkAboutZBA-04/11/1985 � 1
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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 .0 T E S
REGULAR MEETING
APRIL 11 , 1985
AI Regular Meeting of the Southold Town. Board of Appeals was
held on Thursday , April 11 , 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
Grigo0 s , 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-Administra-
tor , and approximately 40 persons in the audience at the commence-
ment 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 :
71: 35 p .m. Appeal No . 3327 - Public hearing was held in the
Matter of the Application of EMILIA T. PIKE filed by Abigail A.
Wickham , Esq . for a Variance for insufficient area of proposed
Parcels 1 and 2 , insufficient lot width of Parcel 1 at the N/S
Main Road , Mattituck . The Chairman read the legal notice of hearing
and application for the record . Abigail Wickham spoke in behalf
of the applicant. No verbal . opposition was received . (The state-
ments made during the public hearing are transcribed under separate
cover ',by Barbara Strang as recorded electronically and are to be
filed !simultaneously herewith at the Town Clerk ' s Office . )
Following the hearing , motion was made by Mr. Goehringer ,
seconded by Messrs . Douglass and Grigonis , that the hearing be
concluded pending deliberations . This resolution was unanimously
adopte''id. l
Southold Town Board of Appeals -2- April 11 , 1985 Regular Meeting
( Public Hearings , continued : )
7 : 42 p .m, Appeal No . 3323 = Public hearing was .held in the
Matter of the Application of COLGATE DE$:I;GN CORP . (7-11 ) filed by
William W. Esseks , Esq . : for a Variance to construct accessory.
building with an insufficient westerly .sideyard setback at N/s
Main Road , Cutchogue . The Chairman read the legal notice of
hearing and application for the record . Charles R. Cuddy , Esq .
was present and .spoke in behalf of the applicant . The letters
of Richard F . Lark., Esq . dated February 14 , 198.5 and from Kull ' s
Service Station , Inc . dated February 6 , 1985 were noted. for the
record. (The statements made during the public hearing are
transcribed under separate cover by Barabra Strang as recorded
electronically .and are filed simultaneously herewith at the
Town Clerk ' s Office . )
Following the hearing , motion was made by Mr. Goehringer ,
seconded by Mr. Douglass , that the hearing be. .concluded pending
deliberati.o.ns . This resolution was unanimously adopted .
7 : 45 . p .m. Appeal Noe 3320 Public hearing was held 'in
the Matter of the Application of. 'B_AYV_IEW DEVELOPMENT CORP . (SAGE)
filed by Joseph Forchelli.. , Esg9,_. for_ a Variance for approval of
insufficient area . and .width of .parcels in this proposed cluster
development-subdivision and . insufficient setbacks of buildings .
67380 Main Road , . Sage Boulevard ,. _Greenport . The Chairman read.
the legal notice of hearing and application for the record .
Joseph Forchelli , Esq.. spoke in behalf of the application .
Also speaking .in. favor 'of the application were Henry Raynor , Jr. ,.
Henry , W. Drumm. Speaking in opposition were Henry Weissman ,
Mr. Flynn . (Statements made during the hearing are prepared
under separate cover and filed simultaneously at the Town
Clerk ' s Office for reference . ) After receiving testimony,
the Chairman called a 57minute recess and indicated he wished
to caucus the board as to whether-i.a recess was in order to
investigate the proper notification to "adjoining landowners , "
since this was one of the main concerns of the objectants .
At 8 : 20 p .m. , a 5-minute recess was taken , after motion
was made by Mr . Goehringer , seconded by Mr . Sawicki , and
unanimously carried .
At 8 : 25 p .m. , the hearing was reconvened , after motion.
by Mr . Sawicki , seconded by Mr . Goehringer , and unanimously
carried . The Chairman advised those present that this hearing
will be recessed until May 2 , 198.5 , at. which time all persons
who were not properly notified by the applicant may be , and
additional testimony would be taken at that time . _
Southold Town Board of Appeals -3- April 11 , 1985 Regular Meeting
(Publ'ic Hearing - Bayview Development , continued : )
On ."motion by Mr. Goehringer , seconded by Mr. Grigonis , it. was
RESOLVED," th"at the hearing in the Matter of Appeal No . 3320 of
BAYVI1EW DEVELOPMENT CORP . (SAGE), be and hereby is recessed until
the next Regular Meeting of the Board , to wit : THURSDAY•, MAY 2 , 1985.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen-',, Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
8 : 27 p.m rApp'eals'.13350 & 33Z)2 . - . Public Hearings.:were�.h 'Id". in:-the
Matter of the App1 i cati ons ..:of. "JOSEPH 'L'TZEWSKT , DDS .fo.r a,.Variance-- &...Spe.c. Exc.
.to construct building for� pri_vate._ membership with .an insufficient
setback from easter"ly proper"ty line ,. at :the north side of Main Road
and east side of Depot Lane , _Cu,tcho.gue . ( SOeci:al: ..E�icepti:p'n ,hea.r_in:g-:"reconvened
since the March.. 7 , _1985_ hearing which allowed applicant time to file
for alsideyard variance , ) Joseph Lizewski' was present and spoke i.n
behalf of -both applications .". ' (The statements'made during the hearing
are prepared under separate cover to be filed at the Town Clerk ' s
Office s :mul.taneous'ly herewith .
Following the hearing , motion was made. by Mr. Goehringer , seconded
by Mr ', Grigonis , 'it' -was
RESOLVED, . that . the - Public -Hearings under Appeals No . 3350 and
3322 for 'JOSEPH LTZ"EWSKI , hereby are concluded , pending deliberations .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen ; Douglass and Sawicki . This resolution was adopted by
unanimous v._ote of all the members .
8 : 33 p..m . Appeal No . 3335 - .Public Hearing was held in the
Matter of the Application of THOMAS HIGGINS for a Variance to
construct- accessory garage in - frontyard area at 850 Ruch Lane ,
Southold , . Ne'w Yorke Mr. Higgins was pre.sent and spoke in behalf
. of his- application . No opposition was received concerning this
proposed, garage structure . (The statements made during the hearing
have been prepared under separate cover and'. simultaneously filed
with the Town Clerk' s Office . )
Following the hearing , the- board made the "following resolution :
On motion . by Mr. Goehringer, seconded by Mr. Sawicki ,, it was
Southold Town Board of Appeals -4- April 11 , 1985 Regular Meeting
(Appeal No . 3335 - THOMAS HIGG-INS, continued : )
RESOLVED, that the hearing under Appeal No . 3335 for THOMAS
HIGGINS 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 .
8 : 36 p .m. Appeal No . 3334 - Public Hearing was held in the
Matter of the Application of HAROLD 'CARR'.for a Variance to con-
struct deck addition with insufficient rearyard setback at
2045 Marratooka Road , Mattituck , New York . -.- The Chairman read
the legal notice of hearing and appeal application for the
record . Mr . Carr spoke in behalf- of the application briefly.
(The statements are prepared under .separate_ _cover and filed
with the Town Clerk ' s Office simultan_eously,.herewith for reference . )
Following receiving testimony , the following action was taken :
On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was
RESOLVED, that the hearing in the Matter of HAROLD CARR under
Appeal No_. . 3334 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 .
8 : 39 p .m. Appe,al No . ' 3330 -. - Public Hearing was held in the
Matter of _-
the Application_ of 'DOMINICK. VARANO made by Richard F.
Lark ,' Esq . for a .Variance for ap_prov,al. of insufficient area of
proposed Lot #3 in this di.vi sion__ of .l and l ocated at 6750 Indian
Neck Road, Pecon'ic . Richard F. Lark , Esq.- spoke in behalf of
the a'ppl i ca.nt . Also speaking _was_'.the applicant , Dr . Varano .
(The ,statements are prepared_. under separate cover , also filed
at the Town Clerk ' s Offi.ce . simultaneously herewith . )._ The
appeal application an.d.. notice of hearing. were read into the
record . Following testimony , the board took the following action :
On motion by Mr . Goehringer , seconded by Mr . Sawicki , it
was
RESOLVED , that the hearing under Appeal No , 3330 .for
DOMINICK VARANO be and hereby is concluded ,_ pending reinspection
by the board members at 11 : 00 on Saturday, and pending delibera-
tions .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
South.old. Town Board of .Appeals -5- April 11 , 1985 Regular Meeting
(Appeal. No . 3330 - DOMINICK VARANO, continued : )
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
8 : 58 p .m. Appeal No . 3326 - Public Hearing was held in the
Matter of WILLIAM AND HELEN COSTER, by Richard F. Lark , Esq . for
a Special Exception to establish and build funeral home business
at premises of Dalchet Corp . , S/s Main Road , and W/s Harbor Lane ,
Cutchogue . The Chairman read the legal notice of hearing and
application into the record. Richard _F . Lark , Esq . spoke in
behalf of the applicants . There were _approximately 50 persons
present for this hearing, 'a -majority of .which were in favor
of this application . At approximately 9: 35 p .m. , the Chairman
called a five-minute recess . Motion _was seconded by Mr .
Douglass , and unanimously carried by the board . The hearing
reconvened at 9 : 40 p .m . ,. 'after moti_on by Mr. Sawicki , seconded
by Mr. Douglass , and unanimously carried . ' Speaking in favor
of the apli_cation were : Mr. ' Coster , Mrs_. Coster , Fred Fay ,
Franklin Roth , Barbara Kelling from Laurel , Mary Beth Andreson ,
Alan _Bahr , Nancy Pierson , __Barbara Abbott ,_ Betty_ Brannon ,
There ..was ,_opposition from: James Fogarty , John Bakowskj , JJoseph
_Bakow4c:i, John . Bakowski ,Sra , ;Mrs .. Bakowski , .Albert Austin .
Mrs . Ruth_ Oliva , 'also spoke for the North Fork Environmental
Council (i.n general ) . (All the statements of the hearing are
prepared under separate cover and f,i.led simultaneously at the
Town Clerk ' s Office for reference ._) Fo.11owi_n_ g testimony , the
board took the following a.ct.ion :
On motion by Mr . Douglass , seconded by Mr .- Sawicki , it was
RESOLVED, -that the hearing of ,Appeal No . 3326 for WILLIAM
and 'HELENCOSTER , be and hereby-is concluded , pending delibera-
tions .and re-.inspections .
Vote of the Board : 'Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
10 : 30 p .m.
INFORMAL : William Gillooly appeared before the board request-
ing a review of .the building inspector (V . Lessard) determination
that the yard area in which he wishes to place an accessory garage
structure is not rearyard area . Mr. Gillooly was issued a b.uilding
permit for a dwelling , accessory pool and fence enclosure around
pool area under #13311Z on August 23 , 1984 . The premises contains
a total area of 13. 421 acres , and a major subdivision has been
pending with the Planning Board for six lots since the Fall of ' 84 .
Southold Town Board of Appeals -6- April 11 , 1985 Regular Meeting
( Informal , continued - Wm . Gillooly )
The premises in question fronts along two streets , along the west side
by Village Lane , and along the east side by Tabor Road, thereby leav-
ing a large "frontyard" section according to - the definitions of Section
100-13 and limited "rearyard" area . The Chairman advised Mr. Gillooly
that the board will --discuss this matter later and notify him._ accordi.ngly .
NEXT REGULAR 'ME.ETING: On motion by Mr .. Goehringer , seconded by
Mr . Gri goni s., :i t was..
RESOLVED, that . the . date - of -.the.- next:. Reg.ular Meeting of this board
be and hereby_ is' SCHEDULED F.OR. 'THURS.DAY,"MAY-_2_,. 'l'985 commencing. at
7 : 30 .p .m. to be hel d at the Sout.hol d. Town H.a.l.l_,_ and it was
FURTHER RESOLVED, that the Secretary is hereby authorized and
directed to advertise. notice of .the following hearings will shall
be held on May 2 , 1985 , commencing at 7 :30 p_,m. and as follows
pursuant to ' law in the Suffolk. Times and L . I . Traveler-Watchman :
7 : 30 .p..n,-- Appeal No . 3337 - KIMON AND WOOD.ENE RETZOS ;
7 : 40 .p Tn. Ap-peal No. ' 3345 _, BRUCE M. V.ITALE;
7 : 45 p ,m. Appeal No . ' 3336 -- ANN SABA; -
7 : 50 .p .m . Appeal No. 3339 — GUY SOBERING;
8 :_00 p .m'. Appeal No . 3338 -- HOWARD L . Y-OUNG;
8 : 10 :-pomp. Ap-pea1 No 3320 - BA.YVIEW- DEVELO-PMENT CORP . /SAGE;
Vote -of°:the. .B-oard .- Ayes : Messrs ., Goehringer ; Grigonis , .
Doyen, Douglass arrd Sawicki .. This resol-ution w-as adopted by
un-animous v-ote of all the members .
FORM LETTER AUTHORIZATION :. The board members authorized the
Secretary to use the following letter, in blanket format , for each
new file . The board _ind_icated that where Planning.. Board, N .Y . S .
Department of Environmental . Conservation ,: Town. Tr_ustees or County
Health Department are . inv.o1ved, 'the applicant should be requested
to provide such approvals as early as possible . The format
approved i s as follows :
To (applicant , or his agent)
Re (Appeal # and applicant ' s. name )
. . . Thi-s letter will acknowledge receipt of .your recent
application . The Members of the. Boar_d of_ Appeals will
be conducting field inspections and envi_ronment_al reviews
as may be require-d by State and Local Laws prior- to their
scheduling your appl_i ca.t'i on for _public. hearing .
Although the earliest available date for public hearing
Southold Town Board of Appeals -7- April 11 , 1985 Regular Meeting
(form letter, continued : )
at this time is on or about (to be filled in ) , written
confirmation will be sent to you 'within the next couple
of weeks . A copy of the legal notice of hearings will
be sent to you prior to publication int he Suffolk Times
and L . I . Traveler-Watchman .
. :Please feel free to call if you have any questions .
Yours very truly
GERARD P . GOEHRINGER
CHAIRMAN
By (secretary ' s name ) . . . .
After motion by Mr. Goehringer , seconded by Mr . Sawicki ,
and.:unanimous'ly carried , :the above form letter was approved.
ENVIRONMENTAL DECLARATIONS:
On motion by Mr. Goehringer , seconded by Mr. Douglass , it was
RESOLVED , to declare the following Environmental Declarations
for each of the following matters having "nonsignificant" adverse
effects on the environment for the reasons as noted therein , and
in accordance with the N .Y . S . Environmental Quality Review Act ,
. Local Law 44-4 of the Town Code , and Article 8 of the Environmental
Conservation Law :
APPEAL NO. 3337 = KIMON 'AND WOODENE RETZOS (continued on
next page )
-8-
Southold Town Board of Appeals April; 11, 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of. Determination of Non-Significance
APPEAL NO. : 3337
PROJECT NAME. -
Ki.mon and Woodene Retzos
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- requesting approval of access over a
proposed right-of-way .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Rocky Point Road , . East Marion , NY SCM#1000-031-2--10
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that: no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet
of tidal wetlands or other critical environmental area.
(3 ) The relief requested is not directly related to ne.w
structures .
Southold Town Board of Appeals-April. 11, . 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : #3338
PROJECT NAME: Mr. 'and Mrs . Howard Young
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: kX1 Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance requested granting relief of lot
area requirement of 809OOO .sq . f . .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Main Rd,_ Orient , 'NY Tax # 1000-.018 ...706-024
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 property in question is not located within 300 feet of
tidal wetlands or other critical environmental area .
(3 ) The relief requested is . not directly related to new construction .
-10-April ll, 1985
Southold Town Board of Appeals Regular Meeting
S.I;.Q.R.A.
NEGATIVE I,NVIRONMENTAL DECLARATION
Notice of: Determination of Non-Significance
APPEAL 110. 3339
PROJECT NAME . Guy Sobering
rr
This notice is issued pursuant to Part 617 of. .the implementing
regulations pertaining to AL:ti.cle 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 Hie 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 applicL-ition pending for the same or similar
project.
TYPE OF ACTION: [XA Type II. [ ] Unlisted [ ]
DESCRIPTION OF ACTION:
Variance requested to ..sub-divide . into 2
parcels , each having 63 ,400 + square feet.
LOCATION OF PROJI,CT: Town of Southold, County of, Suffolk, more
particularly known as: No # Sound Avenue , Mattituck , NY SCTM#1000-.121-01-3. 1
REASON (5) 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-
merited as planned;
(2)
The property in question is not located Gv>i.thin 300 feet of tidal
w.e,tl ands or other cr.i ti cal envi ronmental area .
Southold Town Board of Appeals -11 -April ll, 1985 Regular Meeting
S.I .Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of. Determination of Non-Significance
APPEAL NO. ; ` 3345
PROJECT NAME -Bruce Vitale
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 Soutliold.
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 riot be
consi.dcred 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 Unlisted [ )
DESCRIPTION OF ACTION: Variance- to- operate a carpenter shop in the
existing building .
LOCATION OF PROJ.I.-:CT: Tom of Southold, County of, Suffolk, more
particularly known as: 7280 .Sound Ave . Mattituck , NY , SCTM#1000-.121-05-2
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; v
(2) . The property in question is not located within 300 feet of tidal
wetlands or other critical environment,al _..area .
(3 ) The relief requested is not directly -related to new construction .
i
Southold Town Board of ,Appeals -12- April' 11 , 1,985 Regular Meeting
i
( Environmental Declarations , continued : )
I
S .E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3336
PROJECT NAME: ANN SABA (by P. Sujeski )
I
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Envir6nmental
Quality Review Act of the Environmental Conservation Law and Local ,
Lawi#44-4 of the Town of Southold,
I,
This board determines the within, proj'elct not to have a , signi.fi-
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 dep,artment �or,, agency ,
wh.i.ch may also have an application, pending ;for the same or siinilar ,I
project.
TYPE OF ACTION: ( X] Type .II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance fore approval of " insufficient
1 of i area..and width in this proposed di vi-s'i o,n/set-,off of ` 1 and .'
LOCATION OF PROJECT: Town of Southold,, County of 1 uffolk, more
particularly known as: 1000 Stillwater Avenue , Cutchogue , NY ;
REASON'(S) SUPPORTING THIS DE TERMINATION:
(1) Aa~i 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 1 o'cated 'within 300 feet of
tidal wetlands or other critical 'environmen'tal area .
I ,
Vote of the Board : Ayes :, Messrs . Goehringe,r , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was, adopted by
unanimous vote of all the members .
I
I
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I
I I .
Southold Town Board of Appeals -13- April 11 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3335 :
Application of THOMAS HIGGINS , Ruch Lane , Southold , NY for a Variance
to the Zoning Ordinance , Article III , Section 100-32 for permission to
construct accessory garage in . frontyard area , at 850 Ruch Lane , Southold ,
NY ; County Tax Map Parcel ' No . 1000-52-02-30 .
WHEREAS , a public hearing was held and concluded on April 11 , 1985 ,
concerning the Matter of THOMAS HIGGINS under Appeal No . 3335 ; and
WHEREAS , the board has considered all testimony, and documentation
entered into the record during the public hearing ; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area ; and
WHEREAS , there has been no opposition received concerning this
proposed accessory garage in frontyard area as applied ; 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 along the south side of the
private road known as "Ruch Lane " at Arshamomaque , and is more parti -
cularly identified on the Suffolk County Tax Maps as District 1000 ,
Section 52 , Block 02 , Lot 30 .
2 . The subject premises contains as a whole 11 ,475± sq . ft . in
area and is improved with a one-family bungalow-residence which is
shown to be set back 32 ' from the front property line along Ruch Lane
and set back 7 . 9 ' from the easterly side line and 10 . 7 ' from the
westerly side line .
3 . By this application , appellant requests a variance from the
requirements of Article III , Section 100-32 for permission to locate
a 12 ' by 20 ' accessory garage structure in the frontyard area to be
set back three feet from the westerly side line and in line with the
neighbor ' s established setback. line , not less than six feet from the
front property line along Ruch Lane .
4 . Article III , Section 100-32 of the Zoning Code requires
accessory buildings to be located only in the rearyard area .
5 . It is the opinion of the board that due to the restricted
access along both sides of the existing bungalow-dwelling , it
would not seem practical to locate the garage in the rearyard area
and location of same would be -less than 75 ' to the wetlands areas .
In considering this application , the board determines that
Southold Town.. Board of Appeals .-14- April 11 , 1985 Regular Meeting
(Appeal No : 3335 - THOMA.S HIGGINS , continued : )
the variance be approved since : (a ) the substandard frontyard
setback has been existing within the immediate vicinity and
therefore the character of the neighborhood would not be changed
or adversely affected ; (b ) access by emergency vehicles into
the rearyard area is limited ; (c ) the circumstances of this
appeal are unique since the dwelling-bungalow has been in existence
since the enactment of zoning ; , _(d ) in view of the manner in which
the difficulty arose , the interests of justice would best be served
by granting the variance , as noted below.
Accordingly , on motion by Mr . Grigonis , seconded by Mr .
Higgins , it was
RESOLVED, that - the . relief requested under Appeal No . 3335
in the Matter of THOMAS HIGGINS for permission to locate 12 ' by 20 '
accessory garage in the frontyard area six feet from the front
property line - and three .feet - fr. om the westerly side property line ,
BE AND HEREBY IS APPROVED SUBJECT 'TO THE FOLLOWING CONDITIONS :
1 . The garage not be attached to the house (must remain acces-
sory to 'the main structure ) ;
2 . Never to be used as sleeping or living quarters ;
3. Shall not be located closer than three feet to the west
side line ;
4 . Shall not be located closer than six feet to the front
property line , or the established neighbor ' s setback to the west ,
whichever is greater .
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- April 11 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3335 - HAROLD CARR:
Application of HAROLD CARR, Box 1416 , Mattituck , NY for a Variance
to the Zoning Ordinance , Article III , Section 100-31 for permission to
construct deck addition with an insufficient rearyard setback , at 2045
Marratoo.ka Road , Mattituck , NY ; County Tax Map Parcel No . 1000-123-02-3 .
WHEREAS , a public hearing was held and concluded on April 11 , 1985 ,
concerning the Matter of the Application of HAROLD CARR under Appeal
No . 3334 ; and
WHEREAS , the board has considered a.11 testimony and documentation
entered into the record during the public hearing ; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question as well - as its_ surrounding area ; and
WHEREAS , there has been no opposition received concerning this
proposed deck addition as applied; 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 along the- east side of
Marratooka Road , Mattituck , and is more particularly identified on
the Suffolk County Tax Maps as District 1000 , Section 123 , Block 2 ,
Lot 3 .
2 . The subject premises contains as a whole 12 , 500 sq . ft . in
area and is improved with a one-family , 12-story frame house with
attached garage set back 35± feet from Marratooka Road and having a
rearyard setback of 43 . 5 feet from its rear (easterly) property line .
3 . Article III , Section 100-31 and bulk schedule of the zoning
code requires .a minimum rearyard setback of a principal structure to
be 35 feet.
4 . Applicant is proposing a 14 ' sundeck addition which would
reduce the rearyard setback to 29 feet .
In considering this application , the board determines that
the relief as requested be approved since : (a ) the relief requested
is for a variance of six feet which is not substantial- in relation
to the zoning requirements ; (b ) the relief requested will not
change the character of the neighborhood ; (c) the relief requested
will not be detrimental to adjoining properties ; (d) the interests
of justice will best be served by allowing same as noted below.
Southold ' Town Board of Appeals -16 April 11 , 1985 Regular Meeting
(Appeal No . 3335. - HAROLD CARR . continued : )
Accordingly , on motion .by 'Mr .' Goehringer , seconded by Mr . Grigonis ,
it was
RESOLVED, .that the relief requested under Appeal No . 3335 in the
Matter of. the Application of HAROLD "CARR for permission -to. construct
14 ' sundeck addition with a , reduced rearyard setback at 29 feet , BE
AND HEREBY IS APPROVED" SUBJECT TO THE 'FOLLOWING CONDITIONS :
1 ." No further rearyard reductions ;
2 . Proposed deck no"t to be roofed , enclosed or created for
additional living area ;
3 . No lighting which will be 'obtrusive to . neighboring parcels .
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Doyen , Douglass and Sawicki . . This resolution was adopted by
unanimous vote of all the members .
The board members reviewed the following matters , which are'
pending receipt of additional documentation and pending public
hearings :
(a ) Philip Reinhart , Appeal No . 3340 , by R. Bruer , Esq .
(b ) Helen Conway , Appeal No . 3341 , by R. Bruer , Esq .
(c ) Perricone and Cimini , Appeal No . 3342 , by R. Bruer ; Esq.
(d ) Pindar Winery, Appeal No . 3344 ;
(e ) Blum/Peconic Bay Vineyards .. W/i,n. y Application ;
(f ) Szal a%Kaminski , Appeal No . 3.347 ;
(g ) Charles A. Simmons , Appeal No. 3348 by A. Wickham , Esq . ;
(h) Cl. iffside Associates , Appeal No . 3349, by R. Haefeli , Esq . ;
( i ) Andrew and Ida Pitre , Appeal No . 3351 by A. Wickham , Esq . ;
(j ) Genevieve Richards , Variance #3352 ;
(k ) Gen.evi-eve Richards , Special Exception #3353 ;
(1 ) L . I . Shores , 'Inc . , Appeal No . 3354, by A. Wickham, Esq . ;
(m) Paul and Mrs . Canalizo Appeal No . 3355 ;"
(n ) J . P. Slotkin , Appeal No . 3356 , by A. Wickham, Esq .
Also noted were ot,her._ files which have been held in abeyance for
quite some time pending receipt of requested information :
(a ) N . Aliano ;
(b ) J . Holland by M. Hall , Esq . ;
(c ) Hanauer and Bagley , by A. Wickham , Esq . ;
(d ) Douglas Miller by G . Guldi , Esq . ;
(e ) Harold J . DeNeen ;
(f ) Walter Hairston ;
r�
Southold Town Board of Appeals -17- April 11 , 1985 Regular Meeting
(Matters awaiting additional information , continued : )
(g ) J . Charles . and M. Sledjeski ;
(h ) J . Katharine Tuthill ;
(i ) Mary N. Code ;
(j ) Donald P . Brickley ;
(k ) Fred P. Jens ;
(1 ) William and C. Lindsay , variance;
(m ) William and C. Lindsay , special exception ;
(n ) Sal Caiola ;
(o ) M. Romeo;
(p ) R. DeHaan ;
(q ) Henry P . Smith (Peconic Lane , Peconic ) ;
(r) Port of Egypt Enterprises ,
(s ) : Best , Schmitt , `Syverson ;
(t) Eugene Davison (to re-submit new maps ) ;
(u ) Eugene Davison (reque_sted to hold pending further notification ) ;
(v ) Bert and M. Crystal ;
(w ) Renate Riedel (awdtt amended maps and amended DEC) .
There being no other business transacted by the board at this
time , the Chairman declared the meeting adjourned . The meeting
adjourned at 10 : 50 p..m.
Respectfully submitted ,
- s zu
0 -
Linda F. Kowalski , Secretary
Southold Town Board of Appeals
The verbatim transcription of the statements made during tonight ' s
hearing have been prepared under separate cover , simultaneously
filed with the Town Clerk ' s Office . ,
Approved - /23, 5
Gerard P . Goehringer Chairman .�.�,
REICEP,E�3 AND
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4T:;JD BY
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