HomeMy WebLinkAboutZBA-03/28/1985 ��c�VFFOL�`�G
Ln 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 M I N U T E S
JOSEPH H. SAWICKI - - - - -
REGULAR MEETING
THURSDAY , MARCH 28 , 1985
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday , March 28 , 1985 at 7 : 15 p .m. at the Southold
Town Hall , Main Road, Southold , New York .
Present were : Gerard P . Goehringer , Jr . , Chairman ; Charles
Grigonis , Jr. ; Serge Doyen , Jr. ; Joseph H . Sawicki ; Robert J .
Douglass , constituting all the members of the board . Also
present were Victor Lessard , Building Department-Administrator ,
and approximately 70 persons in the audience at the commencement
of the meeting .
The Chairman opened the meeting at 7 : 15 p .m. and proceeded
with the first public hearing , as follows :
7 : 20 p .m. Public Hearing was held in the Matter of GUSTAVE J .
WADE PROPERTY by the FLEETS NECK PROPERTY OWNERS ASSOCIATION and
WILLIAM NICOL , Appeal Application No . 3295. The Chairman read the
legal notice of hearing and application for the record. Anthony G .
Nowacheck , Esq . spoke. in., behalf of the applicants , and Richard J .
Cron , Esq . spoke in behalf of the property owner , Gustave J . Wade .
Also speaking were Marguerite Vanderbeck, Benjamin Schwartz ,
Phyllis Lombardi , Gary Schneider. (The statements made duffing
the hearing are transcribed under separate cover by Barbara
Strang to be. .filed ,simultaneously herewith at -the Town Clerk ' s
Office .
8: 00 p .m. Motion was made by Mr . Goehringer , seconded by
Mr . Grigonis , to recess for approximately five minutes . This
resolution was unanimously adopted and the temporary recess was
taken .
8 : 07 p .m. Motion was made by Mr, grigonis , seconded by
Mr. Goehringer , to reconvene . This resolution was unanimously
adopted and the public hearing continued . The Chairman read
into the record the March 26 , 1985 letter from the Town Trustees .
Additional testimony was received (transcribed under separate
cover ) and the hearing was declared officially concluded , pending
deliberations , at 8 : 15 p .m.
1
Southo.ld Town. Board of Appeals -2- March 28 , 1985 Regular Meeting
8 : 15 p .m . Public Hearing .was held in the Matter of GUSTAVE J .
WADE under Appeal No . 3302 . The Chairman read the legal notice of
hearing and appl..ication for the record. Richard J . Cron , Esq .
spoke in behalf of the applicant , and Anthony G . Nowachek , Esq .
spoke in behalf of the Fleets Neck Property Owners Association and
William Nicol . Also speaking was _ Benjamin Schwartz . (The
statements made during the hearing are transcribed under separate
cover by Barbara Strang to be filed simultaneously herewith at the
Town Clerk ' s Office . ) _
8 : 30 p .m. Following the hearing , the Chairman moved to
conclude the hearing , seconded by Mr . Douglass , and unanimously
carried . The hearing concluded at ' 8 : 30
8: 30 p .m. Public Hearing was held in the Matter of Appeal
No . 3328 for 'BRIDEN MACHINE CORP . in its application for_ a Special
Exception to establish and use industrial building as.. a machine
shop in this "C-Li,_ght Industrial " Zoning District. 555 Westphalia
Avenue , Mattituck . Mr. Fred Bouffard was present and spoke in
behalf of his application . (The statements of the hearing are
transcribed under separate cover by Barbara Strang to be filed
simultaneously herewith at the Town Clerk ' s Office . ) Following
the hearing , the Chairman moved '.to concluded the hearing , seconded
by Mr . Grigonis , and unanimously carried . The hearing was concluded
at 8 : 35 p .m. It was agreed that re- inspection of the subject
premises would be made . _
8 : 36 p .m. Public Hearing was hel.d in the Matter of Appeal
No . 3329 foe 'BRIDEN MACHINE CORP . in- its application for a, Variance
to construct machine ' shop building with insufficient side and rear
yard setbacks . 555 Westphalia Avenue , Mattituck . Mr. Bouffard was
present and spoke in behalf of his application . The Chairman
indicated that the board wished to reinspect the subject premises
and asked Mr . Bouffard if stakes at a .10 ' setback could be placed .
(The statements of the hearing are transcribed under separate
cover to be filed simultaneously herewith at the Town CLerk ' s
Office . ) Following the, hearing , the Chairman moved to conclude
the hearing , seconded by Mr . Douglass , and unanimously carried.
The hearing was concluded ' at 8 :46 p .m. pending reinspection and
deliberations .
8 : 47 p .m. Public Hearing was held in the Matter of Appeal
No . 3333 foe 'HELYNN D. KAPP in a variance application for permission
to construct machine shop .building with insufficient sideyard
setbacks and in excess of maximum permitted 20% lot coverage .
r 1305 Third Street , New Suffolk , New York . Mr . and Mrs . Donald Kapp
Southold. Town. Board of .Appeals -3- March 28 , 1985 Regular Meeting
(Appeal No . 3333 - HELYNN 'D. KAPP , continued : )
were present and spoke in behalf of the application . (Statements
made during the hearing are transcribed under separate cover and
filed simultaneously herewith at the Town Clerk '_s. Office . ) Following
the hearing , the Chairman made a motion to _concluded_ .the hearing ,
seconded by Mr. Grigonis , an*d unanimously carried .- 'The hearing__
was concluded at, 8 : 57 p .m.
8 : 58 p .m . Public Hearing was held in the Matter of .Appe.al
No . 3324 in an appl_ication for 'LYNN 'SCIORA for a Special Exception
to reinstate business as delicatessen to' include on-site eati_ng and
drinking services . "C-Light Industrial " Zone . Corner of .Main_ Road
and Kerwin Boulevard-; Greenport . The _.Chairman read the legal notice
of hearing and application in its entirety. Reference was., made to
the site plan dated 12/18/84 prepared by Garrett A. Strang , Architect ,
which indicated the existing building and the proposed bathroom
addition . Garrett A. Strang was present and s_pok_e in behalf of
the applicant , There..was n_o opposition . Following receiving
testimony , the Chairman _moved to conclude-: th_e__ hear_ing , seconded
by Mr. Douglass , and thi.s ; resolution _was unanimously, .carriede The
hearing concluded at 8 : 59 p .m...
8 : 59 p .m. Public Hearing was held . in - the . Matter of .Appe,al
No . 3331 in a variance application of :SAUL MILLMAN for _permiss_ion
to establish two-family dwelling on parcel containing less than
four acres and less than 1 .75 feet of lot width at 3930 Horton
Lane , Southold ,,_ New York . The Chairman read the, leg.a1 notice of
hearing and .appeal application for the record. It wa_s also noted
for the record that a. _34-signature petition has been received in
opposition to this propo_sal._ as a two-family use . Mr . Saul Millman
was present and spoke _in behalf of his application : Speaking
against the application were Mike Davids, Lori Salmo.n ,__.'Josep_h
Conway . (The_ .statements mdde:.during the hearing are transcribed
under separate cover to be filed simultaneously herewith at the
Town Clerk ' s. Offi.ce . ) Following testimony , the Chairman moved
to conclude the hearing_, .seconded by Mr. _Dou.gl ass , and this
resolution was unanimously carried .-_.: The hearing _concluded -
at 9_: 14 p .m .
9 : 15 p .m. Public Hearing was - held in the Matter of .Appeal
No . 3332 in the application of .SAUL 'MILLMAN for ' a Special _ __
Exception to establish two-family _dwel._1_,ing use , at' 3930 .Horton
Lane , Southold , New .York . The Chairman read the legal notice
_of hearing and application for the record. The 34-_signature
petition _i n oppos__i_ti on to this proposal.-:was.:noted;.__,'Mr. Millman
Southold. Town. Board of Appeals -4- March 28,,-. 1985I.Reg,ul.ar Meeting
(Appeal No . 3332 - SAUL 'MILLMAN , continued : )
spoke in behalf of his application . Mrs . Salmon and Mr. Davis
asked that their comments of theiprior hearing (Appeal No . 33,31 )
be entered into the record for this hearing a.lso ._ .(The statements
made during this hearing are transcribed and .typed under separate
cover to be filed si.multaneously herewith at the Town Clerk ' s
Office . ) Following testimony ,_,. the Chairman moved - to conclude
the hearing , seconded by Mr. Sawicki , and unanimously carried.
The hearing was concluded " at 9 : 18 p .m.
- - - - - - - - - - - - - - -
NEW HEARINGS 'FOR 'A.PRIL 'I.ITH : On motion by Mr. Douglass ,
seconded by Mr .__ 'Goehringer, _it '_was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to._ be held at the next Regular
Meeting of this board , to wit : THURSDAY,_ APRIL 'lTth , '198855 :
7 : 30 p .m. Appeal No . 3327 - Emilia T. Pike . Variance for
insufficient area of propose.,d Parcels 1 and -? ,
insufficient lot width of Parcel 1 ; N/s Main
Road , Mattitu.ck , NY .
7 : 35 p .m. Appeal No . 3323 = COLGATE 'DESIGN CORP . Variance
to construct accessory building within westerly
sideyard area (7-11 Store.) . Main Road , Cutchogue .
7 : 40 p .m. Appeal No , 3320 - 'BAYVIEW DEVELOPMENT CORP ./SAGE
Variance for approval of insufficient area and
width of .-parcels in _this proposed cluster
development-subdivision a-nd .insufficient setbacks
of buildings , 67380 .Main Road (Sage Boulevard) ,
Greenport (Breezy Shores ) .
7 : 55 p .m. Appeal No . 3350 = 'JOSEPH LIZEWSKI , DDS Variance
to construct building _for .private membership with
an insufficient setback from easterly property
. 1 ine . _N/S Main Road and_ E/s Depot L_an_e , -Cutchogue .
8:00 .'.p .m. Appeal No , 3322 = 'JOSEPH -LIZEWSKI ; DDS . Special
Exception to establish and buil pd rivate racque_tb.alI
club . N/s Main Road and E/s Depot Lane , Cutchogue.,__.
8 : 05 p .m. Appeal No , 3335 = TOMAS 'HIGGINS , To construct acces-
sory __gara-ge in frontyard area , 850 Ruch La , Southold_.
8 : 10 p .m. Appeal No . 3334 -: 'HAROLD 'CARR . To construct deck
T
Southold Town Board of Appeals -5- March 28 , 1985 Regular Meeting
(New.,-,H-e'*.a rf ngs , 'contIn'ue'd :-.)
addition with insufficient rearyard setback .
2045 Marratooka Road , Mattituck.
8 : 20 p .m. Appeal No . 3330 - DOMINICK VARANO . For approval of
insufficient area of proposed Lot 3 . 6750 . Indi.an
Neck Road , Peconic .
8 : 30 p .m. Appeal No . 3326 -; WILLIAM AND HEL:EN 'COSTER . Special
Exception to establish and build funeral home busi --_.
ness at premises of .Dalchet Corp . , S/s Main Road and
W/s Harbor Lane , Cutchogue .
IT ..WAS , FURTHER RESOLVED , that the Secretary is hereby authorized
and directe.d. to " publish notice of same pursuant. to law in. the local
and official newspapers _ of the town , to wit : Long Island Traveler
Watchman , Inc . and the Su-ffolk Times , Inc .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
MATTERS 'FOR FIELD INSPECTIONS : The board members reviewed each
of the follow-ing -matters and field inspections are to be arranged in
the following order :
1 . Emilia Pike , N/s Main Road , Mattituck;
2 . Colgate- Design Corp . , Cutchogue ;
3. Bayview Development Corp . /Sage , Sage Boulevard , Greenport;
4 . Joseph Lizewski , E/s Depot Lane , Cutchogue ; -
5 . -Thomas Higgins , 850 Ruch Lane , Southold ;
6 . Harold C&rr ,, 2045 Marratooka -Road, Mattituck ;
7 . Domi-nick Varano , 6750 Indian Neck Road , Peconic ;
8 . William and Helen::Coster (Dalchet Corp . ) , Main Road and
Harbor Lane , Cutchogue ;
Matters tentatively for May 2 , 1985 :
9 . Saba/Kislow/Sujeski , Stillwater Ave , Cutchogue ;
10 . Kimon and Retzos , Rocky -Point Road R-O-W, - East Marion ;
11 . Guy Sobering , N/s Sound Avenue , Mattituck;
-12 . Mr-. and Mrs . Howard L . Young , N/s Main Road and E/s Browns
Hill Road , 'Orient;
13 . Bal-dwin-Schuler , Nassau Point , Cutchogue ;
� . 14 . Bruce M. Vitale , S/s Sound Avenue , Mattituck ;
15 . Periconi and -Cimini , N/s C . R. 48 , Peconic .
Southold Town Board of Appeals -6- March 28 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3294 :
Application for PETER J . AND MARGARET TROYANO , c/o R. F. Lark , Esq . ,
Main Road , Cutchogue , NY 11935 for a Variance to New York Town Law ,
Section 280-a for approval of access over a private right-of-way lo-
cated on the north side of C . R. 48 , Peconic (along land now or formerly
Mcgunnigle ) to premises known and identified as District 1000 , Section
73 , Block 4 , Lot 4.
Following deliberations , the board took the following action .
WHEREAS , a public hearing was held and concluded on February 14 ,
1985 , concerning the Matter. of PETER J . AND MARGARET S . TROYANO under
Appeal No . 3294 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record during the public hearing , in behalf and in
opposition to this application ; and
WHEREAS , the board members have personally viewed and are familiar
with the right-of-way and premises in question , . as well as its surround-
ing 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 situate along a private right-of-way
which extends approximately ,4 , 238 . 45 feet from the northerly side of
Middle Road (C . R . 48 ) , at Peconic , and is more particularly identified
on the Suffolk County Tax Maps as District 1000 , Section 73 , Block 4 ,
Lot 4 .
2 . The subject premises contains as a whole 4 . 3475 acres with
290 . 10 ' frontage along a westerly extension of the right-of-way in
question ; the premises has received conditional approval from the
Southold Town Planning Board for a set-off division of land , Lot 1
of an area of 106 ,000 sq . ft. and frontage of. 100 feet , and Lot 2 of
an area of 85 ,000 sq . ft . and frontage of 139 feet .
3 . By this application , appellants request., approval of access
as required by New York Town Law , Section 280-a , apparently for both
lots #1 , which is presently improved with one , one-family dwelling with
attached garage , and #2 , which is presently vacant except for a small
frame storage-type shed situated below the bluff area .
4 . It appears from the testimony received that if improvements
were required by this board which would elevate the road , further
flooding onto neighboring lands would be created .
T
Southold Town Board of Appeals -7- March 28 , 1985 Regular Meeting
(Appeal No . 32.94 - PETER J . AND MARGARET TROYANO, continued : )
5 . Road Report No . 408 confirms a traveled width of the
right-of-way to vary from 11 to 15 feet , and that the road is well -
stabilized with sand , gravel and - loam throughout most of the right-of-way.
There are however a few flooding areas due to the left side sloping down
and a few depressions . Raising the road at the highest existing eleva-
tions would cause additional flooding onto neighboring lands .
6 . Subsequent inspections have been made by the board members
and it is their opinion that the most feasible way to help eliminate
flooding and icing of the right-of-way would - be to re-grade , add bank-
run , to an average height of the natural contour of both sides , and as
otherwise noted below .
In considering this application , the board determines that the
variance be granted as noted below since : (a ) this right-of-way
appears to be the only principal ingress and egress to the appellants '
property and property presently -of Reichman ; (b ) this right-of-way
has been used by appellants since 1956 , - and the location of same has
been settled by an Agreement dated March 10 , 1983 , filed under
Suffolk County Supreme Court Index No . 81 -22565 ; (c ) the relief
requested is not substantial ; (d ) there will be no substantial
change in the character of the neighborhood or substantial detri -
ment to adjoining properties if the variance is granted as
conditionally noted below; (e ) the circumstances of the appeal
are unique and there is no other method feasible for appellants
to pursue other than a variance ; (f) in view of the manner in
.which the difficulty arose , justice will be served by allowing the
variance , as indicated below.
Accordingly , on motion by Mr . Sawicki , seconded by Mr .
Grigonis , it was
RESOLVED , to grant approval of access applied for under
Appeal No . 3294 in the Matter of-PETER J . AND MARGARET S . TROYANO
over the private right-of-way located on the North Side of C . R .
48 at' Peconic to both lots known and identified as District 1000 ,
Section 73 , Block 4 , Lot 4 , SUBJECT TO THE FOLLOWING CONDITIONS:
1 . That the entire right-of-way be re-graded for a width of
15 feet extending from its beginning at the north side of C. R . 48
to the lots in question , and further improved as follows :
(a ) For the first 245 . 13 feet of existing bluestone ,
depressions to be patched ;
(b ) For the next .354 . 87 feet , the right-of-way be brought
Southold Town Board of Appeals -8- March 28 , 1985 Regular Meeting
(Appeal No . 3294 - PETER J . AND MARGARET TROYANO , continued : )
up to the average height of the natural contours along both sides
of the right-of-way with bankrun ;
(c ) For the next 1856 . 98 feet , regrade and patch depressions
with bankrun ;
(d ) For the next 550± feet , the right-of-way be brought
up to the average height of the natural contours along both sides of
the right-of-way with bankrun ;
(e ) For the next 1500± feet , raise to peak elevation of
pipe with bankrun and regrade ;
(f) For the next 700± feet running northerly, and 264 feet
running in a westerly direction , fill depressions and__potholes with
bankrun and regrade where necessary;
2 . Constant maintenance of the entire right-of-way;
3. All improvements to be made within the legal boundaries of
the subject . right-of-way;
4. Final acceptance to be made in writing by the Board of
Appeals , of the above conditions and improvements ; or , if made by the
Building Inspector , a copy of his written report/acceptance to be
submitted to the Board of Appeals .
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 JOHN C . 'AND FRANCES DiVELLO , by Wickham , Wickham and
Bressler , P . C . , Main Road , Mattituck , NY for Variances : (a ) to New
York Town Law , Section 280-A for approval of access over a private
right-of-way known as "Meday Avenue , " and (b ) to the Zoning Ordinance ,
Article III , Section 100-31 , Bulk Schedule for approval of insufficient
area and depth of parcels in this proposed subdivision . Location of
Property : Meday Avenue and Westphalia Road , Mattituck , NY; 1921
Subdivision of "William B . Codling" . Lots 1 to 7 , inclusive ; District
1000 ,. Section 113 , . Block 9 , Lots - 8- and 15 , containing 4. 38± acres .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 7 , 1985 ,
Southold Town Board of Appeals - 9- March 28 , 1985 Regular Meeting
concerning the Matter of JOHN 'C . 'AND FRANCES DiVELLO under Appeal No .
3205; and
WHEREAS , the board has considered all testimony and documentation
entered into the record during the public hearing ; and
WHEREAS , by letter received January 25 , 1985 from the applicants '
attorney , the applicants decided to proceed with this proposal without
the request for the relocation of the right-of-way over "Lot No . 1 " ; 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 situate along the northerly side of
Westphalia Road and easterly side of a private right-of-way known and
referred to as "Meday Avenue , " and is more particularly identified on
the Suffolk County Tax Maps as District 1000 , Section 113 , Block 9 ,
Lots 8 and 15 ;
2 . The subject premises as a whole contains 4 . 38± acres , and
involves lots from a 1921 subdivision plan known as "Map of Property
of William B. Codling , filed Map No . 745 , " Lots No . 1 to 7 , inclusive ;
3 . Applicants are proposing four lots as follows : (a ) Lot 1 of
40 ,000 sq . ft . and 260 ' frontage along Westphalia . Road; (b ) Lot 2 of
40 ,075 sq . ft . with 95 . 55 frontage along Westphalia Road ; (c ) Lot 3
of 40 ,000 sq . ft . with 20 ' frontage along Meday Avenue ; (d ) Lot 4 of
71 ,000 sq . ft . _ with 125± ft, frontage long Meday Avenue ;
4 . Existing on proposed Lot 4 is a one-family dwelling and
on proposed Lot 3 is a frame garage-storage building ;
5 . Also requested by this application is approval of access over
"Meday Avenue " where it commences at .a point along the northerly side
of Westphalia--Road and extending in a northerly direction along the
premises in question 425± feet ;
6 . Road Report #431 from the town road engineer indicates as
follows : The first 150 feet has a stable roadway , 15± feet in width ,
with a few depressions and is presently used for access .to two houses
on the west side of Meday Avenue . Also listed in this report are
recommendations for improvements , which the board is in full agreement
with .
In considering this application , the board determines that the
relief requested be conditionally granted since : (a ) more than 50%
of the lots in the immediate area are of a size similar or smaller
than that proposed by this application ; (b ) no substantial detriment
will be caused to adjoining properties or to the character of this
area ; (c ) the circumstances are unique since the property was a
previously filed subdivision map with lots substantially smaller ;
Southold Town Board . of Appeals -10- March 28 , 1985 Regular Meeting
(Appeal No . 3205 - JOHN .AND FRANCES DiVELLO , continued : )
(d ) that in view of the manner in which the difficulty arose , justice
will be served , as noted below .
Accordingly , on motion by Mr . Sawicki , seconded by Mr . Grigonis ,
it was
RESOLVED , that the relief requested under Appeal No . 3205 in the
Matter of JOHN C . AND FRANCES DiVELLO, be and hereby is approved ,
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the right-of-way be improved a full 15 ft . width as follows :
(a ) Remove trees where access road makes right angle turn
into property ,
(b ) Widen road at the right-angle turn to 15 feet and do
necessary grading to meet existing property elevation ;
(c ) Grade sides for width where higher than road ;
(d ) Place a six-inch course of sand and gravel bankrun ;
(e ) Place -a two-inch (2 " ) top course of 3/4-inch stone
blend on the bankrun ;
(f) To make access . road look uniform, place thin layer of
stone blend on the first 150 ft . of length of right-of-way;
(g ) Final acceptance of improvements to be made by the
Board of Appeals , or , if made by the Building Inspector , a copy of
his written report and acceptance to be submitted to the Board of
Appeals .
Vote of the Board : Ayes : Messrs . Douglass , Sawicki ,
Doyen and Grigonis . (Member Goehringer abstained from vote . )
Southold. Town. Board of .Appeals -11 - March 28 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3205 :
Application of JOHN C . AND FRANCES DiVELLO , by Wickham , Wickham and
Bressler , P . C . , Main Rom,Mattituck , NY for Variances : (a ) to New
York Town Law , Section 280-A for approval of access over a private
right-of-way known as "Meday Avenue , " and (b ) to the Zoning Ordinance ,
Article III , Section 100-31 , Bulk Schedule for approval of insufficient
area and depth of parcels in this proposed subdivision . Location of
Property : Meday Avenue and Westphalia Road , Mattituck , NY; 1921
Subdivision of "William B. Codling" Lots 1 to 7 , inclusive ; District
1000 , Section 113 , Block 9 , Lots 8 and 15 , containing 4 . 38± acres .
Following deliberations ; the board took the following action :
WHEREAS , a public hearing was held and concluded on March 7 , 1985 ,
concerning the Matter of JOHN C . AND FRANCES DiVELLO under Appeal No .
3294 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record during the public hearing ; and
WHEREAS , by letter received January 25 , 1985 from the applicants '
attorney , the applicants decided to proceed with this proposal without
the request for the relocation of the right-of-way over "Lot No . 1 " ; 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 situate along the northerly side -of
Westphalia Road and easterly side of a private right-of-way known and
referred to as "Meday Avenue , " and is more particularly identified on
the Suffolk County Tax Maps as District 1000 , Secti_on _113 , Block 9 ,
Lots 8 and 15 ;
2 . The subject premises as a whole contains 4. 38± acres , and
involves lots from a 1921 subdivision plan known as "Map of Property
of William B. Codling , filed Map No . 745 , " Lots No . 1 to 7 , i.nclusive ;
3 . Applicants are proposing four lots as follows : (a ) Lot 1 of
40 ,000 sq . ft . and 260 ' frontage along Westphalia Road ; (b ) Lot 2 of
40 ,075 sq . ft . with 95 . 55 frontage along Westphalia Road; (c ) Lot 3
of 40 ,000 sq . ft. with 20 ' frontage along Meday Avenue ; (d ) Lot 4 of
71 ,000 sq . ft . with 125± ft . frontage long Meday Avenue ;
4 . Existing on proposed Lot 4 is a one-family dwelling and
on proposed Lot 3 is a frame garage-storage building;
5 . Also requested - by- this application is approval of access over
Southold Town Board of Appeals -12- March 28 , 1985 Regular Meeting
(Appeal No . 3205 - JOHN C . AND FRANCES Di'VELLO , continued: )
"Meday Avenue " where it commences at a point along the northerly side
of Westphalia Road and extending in a northerly direction along the
premises in question 425± feet ;
6 . Road Report #431 from the town road engineer indicates as
follows : The first 150 feet has a stable roadway , 15± feet in width ,
with a few depressions and is presently used for access to two houses
on the west side of Meday Avenue . Also listed in this report are
recommendations for improvements , which the board is in full agreement
with .
In considering this application , the board determines that the
relief requested be conditionally granted since : (a ) more than 50%
of the lots in the immediate area are of a size similar or smaller
than that proposed by this application ; (b ) no substantial detriment
will be caused to adjoining properties or to the character of this
area ; (c ) the circumstances are unique since the .property was a
previously filed subdivision map with lots substantially smaller ;
(d ) that in view of the manner in which the difficulty arose , justice
will be served , as noted below.
Accordingly , on motion by Mr . , Sawicki , seconded by Mr . Grigonis ,
it was
RESOLVED , that the relief requested under Appeal No . 3205 in the
Matter of JOHN C . AND FRANCES DiVELLO , be and hereby.. is approved ,
SUBJECT TO THE FOLLOWING CONDITIONS :-
I . Meday Ave. right-of-way be improved a full 15 ft. width as follows :
(a ) Remove trees where access road makes right angle turn
into property;
(b ) Widen road at the right-angle turn to 15 feet and do
necessary grading to meet existing property elevation ;
(c ) Grade sides for width where higher than road ;
(d ) Place a six- inch course of sand and gravel bankrun ;
(e ) Place a two-inch (2" ) top course of 3/4- inch stone
blend on the bankrun ;
(f) To make access road look uniform , place thin layer of
stone blend on the first 150 ft. of length of right-of-way;
(g ) Final acceptance of improvements to be made by the
Board of Appeals , or, if made by the Building Inspector , a copy of
his written report and acceptance to be submitted to the Board of
Appeals .
Vote of the Board : Ayes : Messrs . Douglass , Sawicki ,
Doyen and Grigonis . (Member Goehringer abstained from vote . )
Southold Town Board of Appeals -13- March 28 , 1985 Regular Meeting
PENDING DECISION : Appeal No. 3324 :
Upon application for LYNN SCIORA, by G . Strang , Box 1412 ,
Southold , NY for a Special Exception to the Zoning Ordinance , Article
VIII , Section 100-80 ( B) for permission to reinstate business as a
delicatessen to include on- site eating and drinking services in this
"C-Light Industrial " Zoning District known as 67680 Main Road (a/k/a
180 Kerwin Boulevard ) , Greenport , NY ; County Tax Map District 1000 ;
Section 53 , Block 02 , Lot 21 .
Following deliberations , the board took the following action :
WHEREAS , a publi.c hearing was held and concluded on March 28 ,
1985 , in the Matter of Appeal No . 3324 , for LYNN SCIORA: and
WHEREAS , the board has considered all testimony and documenta-
tion entered into the record during the public hearing and since the
filing of 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 zoned " C-Light Industrial "
and contains an area of 12 ,500 sq . ft . , with 100 ' frontage along the
south side of the Main Road and 125 ' frontage along the west side of
Kerwin Boulevard , Greenport , as shown on site pl.an dated 12/18/84
prepared by the office of Garrett A. Strang , architect ;
2 . Existing on the subject premises is a 2 , 950± sq . ft .
building set back approximately three feet from the Main Road and
from the westerly property line , and set back approximately 38 feet .
from the most southerly (rear ) property line ;
3 . Applicant is proposing by this application to construct
a bathroom addition of a size 10 ' by 21 ' , leaving a frontyard setback
from Kerwin Boulevard at 51 ± feet , which appears to be compliance with
all other zoning requirements for this zoning district ;
4 . Article VIII , Section 100-80 (B ) [13] permits eating
and drinking establishments by special exception by the Board of
Appeals , as provided by the Bulk Schedule , and subject to site
plan approval by the Planning Board ;
5 . It is noted that the existing building had previously
been used as a delicatessen , however , that use was discontinued for
at least eight years ;
6 . • It is also noted for the record that a previous
Southold Town Board of Appeals -14- March 28 , 1985 Regular Meeting
(Appeal No . 3324 - LY.NN SCIORA, continued : )
appeal was granted under Appeal No . 2679 to Raymond and Anna Ciacia
for insufficient area and width of this parcel . set off from the
parcel identified as 1000-53-3-23 . and to . relocate the one-family
dwelling from one onto the other ;
In considering this application for a Special Exception
use , the board determines : (1 ) that 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 property use and its location ;. (3 ) that 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 1007121 (C) [2]
of the Zoning Code .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , that a Special Exception for permission to
reinstate business as a delicatessen to include on-site eating
and drinking services in this "C-Light Industrial " Zoning District ,
BE AND HEREBY IS GRANTED , SUBJECT TO THE FOLLOWING :
1 . Planning Board approvals as required by Sections 100-134
and 100-112 of the Code of the Town of Southold ;
2 . Referral to the Suffolk County Planning Commission
pursuant to Sections 1323 , et seq . of the Suffolk County Charter.
Location of Property : South Side of Main Road (#67680 ) ,
(a/k/a 180 Kerwin Boulevard ) , Greenport , NY ; County Tax Map District
1000 , Section 53 , Block 02 , Lot. 21 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of the members .
Southold Town Board of Appeals - 15- March 28 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3319 :
Application of ANDREAS PALIOURAS, 37-17 20th Road , Astoria , NY
11105 , for a Variance to the Zoning Ordinance , Article XI , Section
100-118 (D ) for permission to' reinstate and restore dwelling structure
to its original condition as a one-family residence located at 32570
C. R . 48 , Peconic , NY ; District 1000 , Section 74 , Block 04 , Lot 009 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 7 ,
1985 , in the Matter of Appeal No . 3319 , for ANDREAS PALIOURAS; and
WHEREAS , the board has considered all testimony and documenta-
tion entered into the record during the public hearing and since the
filing of 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 zoned "A" Residential and
Agricultural , and abutting the premises on the west side is a private
road referred to as "Paul ' s Lane , " to the west of "Paul ' s Lane " are
premises zoned "B-l " General Business , and the east of the subject
parcel are premises zoned "C-Light" Industrial and premises zoned "A"
Residential and Agricultural ;
2 . The subject premises is identified on the Suffolk County
Tax Maps as District 1000 , Section 74 , Block 04 , Lot 009 , and contains
a total area of 1 . 196 acres as shown on survey of November 10 , 19825
prepared for the applicant by Roderick VanTuyl , P . C . ;
3 . The premises fronts along the County Highway 48 at a length
of 112 . 66 feet , and is improved with three structures , one presently
a two-story , one-family dwelling , one a small storage shed , and the
other is the subject building which is in delapidated and unlivable
condition ;
4 . Applicant is proposing by this application to restore the
most southerly building presently in extremely poor condition to its
original condition and as a one-family dwelling ;
5 . The December 17 , 1984 Notice of Disapproval from the
Building Inspector indicates a variance is required pursuant to
Article XI , Section 100-118 (D) of the Zoning Code before the
structure could be used "again as a dwelling with an existing
one-family dwelling in use on premises . "
Southold Town Board of Appeals -16- March 28 , 1985 Regular Meeting
(Appeal No . 33.19 = ANDREAS PALIOURAS continued : )
6 . Article XI , Section 100-118 (D) states that "whenever
a nonconforming use of a building or premises has been discontinued
for a period of more than two years . . . , the nonconforming use of
such building or premises shall no longer be permitted unless a
variance therefor shall have been granted by the Board of Appeals ,
as hereinafter provided . . . . "
7 . Section 100-118, Subsection (E) states that "a noncon-
forming building may not be reconstructed or structurally altered
during its life to an extent exceeding in aggregate cost 50% of the
fair value of the building . . . . "
8 . Upon inspection of the building in question , the board
found that approximately 85% of the structure needed to be re-built ,
and to the board ' s recollection , the structure had not been lived
in as a one-family dwelling for at least 30 years ;
9. No evidence has been submitted for the record which
would prove its valid nonconformity in existence either prior to
1957 or since 1957 .
10 . It is also noted for the record that it has been
found that plumbing facilities and utilities have not been
.operable for many years , and that recently the roof had been
repaired, a new cesspool installed , minor structural repairs done ;
there are no kitchen or bathroom facilities , finished walls or
floors , no windows , etc .
In considering this appeal , the board determines : (a )
there is insufficient evidence in support of the granting of the
relief requested; (b ) the alterations and reconstruction
necessary in order to restore this structure for one-family
residency substantially exceeds 50% of the fair market value
of the building ; (c ) the nonconforming use of this structure
which may have existed prior to 1957 has been discontinued;
(d ) the granting of this variance will alter the essential
character of the neighborhood since more than one dwelling on
a parcel is not common ; (e ) the parcel in question is less
than two acres and substandard in size ; ( f) that the plight
of the owner is not due to unique circumstances ; (g ) that
the interests of justice will not be served by allowing the
relief requested .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Douglass , it was
RESOLVED, that the relief requested under Appeal No . 3319
in the Matter of the Application of ANDREAS PALIOURAS to restore
structure for use as a second , one-family dwelling on this 1 . 196
Southold Town. Board of Appeals -17- March 28 , 1985 Regular Meeting
(Appeal No . 3319 - ANDREAS PALIOURAS , continued : )
acres , BE AND HEREBY IS DENIED .
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
PENDING DECISION : Appeal No . 3333 :
Application of 'HELYNN 'D . KAPP , 238 South Water Street , Green-
wich , CT 06830 , for ,a Variance to t e Zoning Ordinance , Article III ,
Section 100-31 , Bulk Schedule for permission to construct new one-family
dwelling- with insufficient sideyard setbacks and in excess of the
maximum-permitted 20% lot coverage requirement , at premises known as
1305 Third Street , New... Suffolk, NY; County Tax Map District 1000 ,
Section 117 , Block 07 , Lot 11 .
Following deliberations , the board took the following
action :
WHEREAS , a public hearing was held and concluded on March 28 ,
1985 , in the Matter of, Appeal No . 3333 for HELYNN D . KAPP ; and
WHEREAS , the board has considered all testimony and documentatio
entered into the record during the public hearing and since the filing of
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 zoned "A" Residential and
Agricultural and is . situated at . the West Side of Third Street , more
particularly identified on the Suffolk County Tax Maps as District 1000 ,
Section.. 117., Block 07 , Lot 11 ;
2 . The subject premises contains an area of 5 , 317 sq . ft .
with 52 . 50 ' frontage along Third Street and at the present time is
vacant;
3. Prior to 1968 , a one-family dwelling existed on this
parcel , and the applicant is desirous of replacing the dwelling
together with three-foot wide extensions at each side which will
leave sideyard setbacks of seven feet from the northerly side
and 12 . 5 feet from the southerly side , and total sideyards 19. 5
feet .
Sout:h.o:ld. Town Board of Appeals, - 18- March 28 , 1985 Regular Meeting
(Appeal No . 3333 - HELEN D . KAPP , continued : )
4 . The foundation is planned at a width of 27 feet
by 36 feet deep , and this is planned a one-story structure .
5 . For the record it is noted that the dwelling will
be in conformity with the neighboring parcels which have a 16
foot frontyard setback , and approval has been received under
No . 14-SO-121 from the Suffolk County Department of Health Ser-
vices .
6 . Article III , Section 100-31 , Bulk Schedule requires
minimum sideyards in this "A" Residential and Agricultural Zoning
District at 10 and 15 , with a total of 25 .
In considering this application , the board determines
that relief be granted for 10 and 12 . 5 sideyards since : (a )
the three-foot extensions on each side can be reduced allowing
proper accessibility for emergency vehicles in the event of an
emergency ; (b ) the relief as granted is not substantial in
relation to the zoning requirements ; (c ) the circumstances of
the appeal are unique ; (d ) practical difficulties have been
shown ; (e ) in view of the man.ner in which the difficulty arose ,
justice will be served .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , to grant relief from Article III , Section
100-31 , Bulk Schedule of the Zoning Code for the construction
of a new one-family. dwelling applied for under Appeal No . 3333 ,
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . There be no less than 10 ' and 12 . 5 sideyards ;
2 . There be no further sideyard reductions ;
3 . Any further construction or additions will require
lot-coverage variances also pursuant to the Bulk Schedule and
Article III , Section 100-31 .
Location of Property : 1305 Third Street , New Suffolk ,
NY ; County Tax Map Parcel No . 1000- 117-7-11 .
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 -19- March 28 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3331 :
Application of SAUL MILLMAN , 435 Highwood Road , Southold , NY for a
Variance to the Zoning Ordinance , Article III , Sections 100-30 and 100-31
for permission to establish two-family dwelling use on a parcel of land
containing less than four acres in area and less than 175 feet of lot
width known as 3930 Horton Lane , Southold , NY ; County Tax Map District
1000 , Section 54 , Block 7 , Lot 23. 7 .
The public hearing was held earlier this evening , at which time
the hearing was concluded pending deliberations . The board took the
following action :
WHEREAS, a public hearing was held and concluded on March 28 ,
1985 concerning the Matter of SAUL MILLMAN under Appeal No . 3331. ; and
WHEREAS , the board has considered all testimony and documenta-
tion entered into the record during the public hearing , in behalf .and
in opposition to 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-80 " Resi -
dential and Agricultural Zoning District , is situated along the west
side of Horton ' s Lane , Southold with a frontage254 . 83 , and is more
particularly identified on .the Suffolk County Tax Maps as District
1000 , Section 54 , Block 07 , Lot 23. 7 .
2 . The subject premises contains as a whole 2 . 98 acres ,
or 129 ,809 sq . ft. in area and is improved with a 15 ' by 30 ' vacant
building which was recently moved onto the subject premises from
another area , set back approximately 126 ' from the front property line .
3 . By this application , appellant requests a variance from
the requirements of Article III , Section 100-30 (B) El ] and Section
100-31 , Bulk Schedule , of the Zoning Code , for permission to construct
and establish a new two-family structure which would be located
approximately 85 ' from the front property line along Horton Lane at
its nearest point .
4 . Article III , Section 100-31 , Bulk Schedule , of the
Zoning Code requires a minimum of 160 ,000 sq . ft . in area and minimum
lot width of 270 feet for a two-family dwelling , and Article III ,
Southold Town Board of Appeals -20- March 28 , 1985 Regular Meeting
(Appeal No . 3331 - SAUL MILLMAN (variance ) , continued : )
Section 100-30 (B ) [1 ] authorizes by Special Exception by the Board of
Appeals . . . as . . . provided . . . subject to site plan approval . . . in accordance
with Article XIII . . . .
5 . For the record it is noted that town records show a
No . 13526Z for a proposed , pending building permit for a new one-family
dwelling and accessory structure for the subject premises , for which
Health Department approval was obtained under No . 14-SO-171 on
August 29 , 1984.
In considering this application , the board determines that
the variance applied be denied since : (a ) the relief requested is
more than 10% of the requirements of the zoning code ; (b) the
granting of the requested relief would change the character of the
neighborhood since there are other parcels existing in the neighbor-
hood with similar circumstances ; (c ) the circumstances of this appeal
are not unique ; (d ) practical difficulties have not been sufficiently
shown to warrant same ; (e ) the interests of justice will not be
served .
Accordingly , on motion by Mr. Grigonis , seconded by Mr .
, Goehringer , it was
RESOLVED, that the relief requested under Appeal No . 3331
in the Matter of SAUL MILLMAN for a Variance from the requirements
of Article III , Sections 100-30 (B ) [1 ] and 100-31 , BE AND HEREBY IS
DENIED.
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Grigonis , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
P.ENDI:NG 'DEC'ISI..ON :. Appeal No . '3332m
Application of SAUL MILLMAN , '435, Highwo.od Road, Southold ,. 'NY for
a Special-_ Exception to the Zon_i.ng_ Ordinance , Article_ III , Section
100-30 (.B) for _permission to establish two.-family dwe..lIing use on a
parcel of, .1and of ,insuffi.cient area and, 1.ot: width, ' known. -as 3930.
Horton Lane. , 'South,ol d_,_:_ 'NY; County. Tax Map District 10005 Section
54., 'B1 ock .7 , Lot 23.7 .
Southold Town Board of Appeals -21 - March 28 , 1985 Regular Meeting
(Appeal No . 3332 - SAUL MILLMAN (special exception ) , continued : ) ,
WHEREAS , a public hearing was held and concluded on March 28 ,
1985 .concerning the Matter of SAUL MILLMAN under Appeal .No . 3332 ; and
WHEREAS , the board has considered all testimony and documenta-
tion entered into . the record during the public hearing , in behalf of and
in opposition to this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question as well as it_s surrounding area ;
and
WHEREAS , the board made the following findings of fact :
1 . The property in question is located in an "A-80" Resi -
dential and Agricultural Zoning District , is situated along the .west
side of Horton ' s Lane , Southold with a frontage of .254. 83 feet , and is
more particularly identified on the Suffolk County Tax Maps as District
1000 , Section 54 , Block 07 , Lot 23 .7 .
2 . The subject premises contains as a whole 2 . 98 acres ,
or 129 ,809 sq . ft. in area as shown on survey dated July 30 , 1984 , and
is improved with a 15 ' by 30 ' vacant building which was recently moved
onto the subject premises from another area , set back approximately
126 ' from the front property line .
3. By this application , appellant requests a special•
exception under Article III , Section 100-30 (B) [1 ] of the Zoning Code
for permission to establish a two-family dwelling use ;
4 . Article III , Section 100-31 of the Zoning Code requires
160 ,000 sq . ft . in area and minimum lot width of 270 feet for a newly
established two-family use .
5 . For the record it is noted that town records show a
No . 13526Z for a proposed , pending building permit for a new one-family
dwelling and accessory structure for the subject premises , for which
Health Department approval was obtained under No . 14-SO-171 on
August 29, 1984.
It is the opinion of the board members that this request
for a special exception must. be denied since this proposal is not
in accordance with the all the requirements of the zoning code ,
particularly the lot area, and width requirements , and . that this
board is without authority to grant legislative relief.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Goehringer , it was
RESOLVED , that the request under Application No . 3332 as
Southold Town.. Board of Appeals -22- March 28 , 1985 Regular Meeting
(.Appeal No. 3332 - SAUL MILLMAN , Special Exception , continued : )
applied for a special exception in the Matter of SAUL MILLMAN for
a two-family residence , BE AND HEREBY IS DENIED.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
APPROVAL OF MINUTES: On motion by Mr. Grigonis , seconded by
Mr. Goehringer ,-it- was
RESOLVED , to approve. the Minutes of the Regular Meeting of
this board held .March 7., 1985.
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. Goehringer ,
seconded by Mr. Gr-igoni.s ; it was
RESOLVED, to declare the following Environmental Declarations
for each of the following matters having "nonsignificant" . adverse .
effects on the environment , in accordance- with the N . Y . S. Environ-
mental Quality Review Act , Local Law 44-4 of the Town Code , and
Article 8 of the Environmental Conservation Law :
APPEAL NO . 3326 WILLIAM AND HELEN COSTER (DALCHET CORP'. )
(continued .on page - 23 )
Southold Town Board of Appeals -23- March 28 , 1985
Regular Meeti
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
— c
Notice of Determination of Non-Significance t_5
APPEAL NO. : 33.2.6
PROJECT NAME: William and Helen Coster
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: [ .1 Type II ( ,] Unlisted [ ]
DESCRIPTION OF ACTION: Spe:ci.al. Exception for permission to establish
and build one-story buij ding as ' a funeral._ home business .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Dalchet Corp .. ' S/S Main Rd W/s Harbor La'.. Cutchogue
#1000-97-6 part 15; containing 2+ acres in area .
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 `. of tidal
wetlands or . other critical environmental area .
(3 ) Construction proposed is landward of existing struc"tures .
Southold Town Board of Appeals -24- March 28 , 1985
Regular Meeting
1
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3320 _
PROJECT NAME: Bayview Development Corp : /Sage
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:For appro'v'al of .insuf.fi,ci.ent area and lot width of
19 proposed lots in _this cluster-development
LOCATION OF PROJECT: Town of Southold,' County of, Suffolk, more
particularly known as: Sage Boulevard, Gr.ee-nport , -NY ;
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has `_een
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2)
This is a lot-line variance not directly related to new construction .
( 3 ) The Southold Twon Planning has deemed itself lead agency and has
coordinated reviews pursuant to SEQRA,
h
Southold Town Board of Appeals -25- March 28 , 1985,
Regular Meeti
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3330
. PROJECT NAME: Dominick Varano ---
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: varianc'e' for bulk schedule for approval of
insufficient are of proposed Lot #3 at premises ,
LOCATION OF PROJECT: ' Town of .Southold, County of, Suffolk, more
particularly known as: 6750 Indi.an NEck .Rd.. PEcon_ic , NY
#1000-.86-07-044
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) Relief requested is not directly related to new construction .
Southold Town Board of Appeals -26- March 28 , 1985
Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3334 _
PROJECT NAME: Harold Carr
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 [ ] Unlisted [ ]
DESCRIPTION OF ACTION: variance for permission -to construct deck additior
with an insufficient '. setback .
LOCATIOIV 'OF PROJECT: Town of Southold, County of.' Suffolk, more
particularly known as: 2045 Marratooka Rd. Mattituck , NY #1000-123-02-003
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) Constr.uction proposed is landward of existing structures .
(3 ) The relief requested is landward of existing setback or
lot line variance .
Southold Town. Board of APpeals -27- March 28 , 1985 MEeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3335
PROJECT NADE=fhomas. Higgins
This notice is issued pursuant to Part 617 of the implementing
regulation pertaining to Article 8 of the N.Y.S. Environmental
Quality Re;iew 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: Permissi.-o-n to construct accessory .garage
in front yard area .
LOCATION OF PROJECT: Town of Southold Countyy of 'Suffo k Tor.e
particularly known as: 850 Ruch Lane Southold , NY #100b-.52-0 -j0 .
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 proposed in landward of existing structures .
Southold Town Board of Appeals -28- March 28 , 1985
Regular Meeti
ti
5
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3350
PROJECT NAME: Joseph Lizewski ---
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: Var. ianc•e to construct building for private
membership with an insufficient setback from the easterly property line
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: N/s Main Rd. and E/s Depot Lane Cutchogue
#1000-102-02-12 . 1
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 relief requested is a setback. or lot line variance
The property in question is not located within 300 ' of tidal wetlands
or other environmental area .
Southold Town Board of Appeals -29- March 28 , 1985 Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : #3323
PROJECT NAME: Col -,gate Design Corp . ---
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: AXI Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance. -for permiss..ion .to construct accessory
building within the westerly sideyard area .
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: 7- 11 Store., North SIde of MAin Rd . Cutchogue , NY
.#1000-102-.05-24
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 �'�lanned;
(2) The property in question is not located wihin 300 ' of tidal
wetlan`ds or other critical area .
Southold Town Board of Appelas -30= March 28 , 1985 Regular Meeting
i
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3327 _
PROJECT NAME: Emilia T. Pike
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: Variance- for approval of insuff-ic-ient area of
proposed Parcels 1 & 2 and insufficient lot width of Parcel 1
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: North Side Main Rd.—Matt . #_1000-140-03--26
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 ' of tidal
wetlands or other critical environmental area .
i
-31-
Southold Town Board of Appeals March 28 , 1985 Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : #3328 & #3329
PROJECT NAME: Briden Machine Corp .
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.X.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which ni,ay also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II kX] Unlisted [ ]
DESCRIPTION OF ACTION: Special Exception to establish machine
shop , with insufficient side and rear yard setbacks .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 555 Westphalia Ave . Mattituck , NY County Map
#1000-141-03-35
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 ' of tidal
wetlands or other critical environmental area .
T
Southold Town Board of Appeals -32- March 28 , 1985 Regular Meeting
( Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by ,
unanimous vote of all the members .
There being no other business properly coming before the board
at this time , the Chairman declared the meeting adjourned. The
meeting wa-s adjourned at 10 :.35- p .m.
Respectfully submitted ,.
Linda F . Kowalski , Secretary
Southold Town Board of Appeals
rard P . Goehr nger , Chairman
May 2 , 1 98.5
E FIL rzD BY
al'iE SOUTHOLD TOW14 CLD:!.?
D ,TE DOUR
Town Cleric, Town of Scuthold _