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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 U T E S
REGULAR 'MEETING
MARCH 7 , 1985
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday ;• •March 7 ; '1985 at 7 : 30 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 ., and Robert J .
Douglass (arr . 8 : 10 p .m. ) , constituting all the members of the
board. Also present were approximately 20 persons in the audience
at the commencement of the meeting .
The Chairman opened the meeting at 7 : 30 p .m. and proceeded
with the first public hearing, as follows :
7 : 35 p .m. Public Hearing was held in the Matter of DOUGLAS A.
COOPER. in the proposed keeping of horses in a pole barn or stable
on this 2 .4 acre vacant parcel of land . Right-of-Way located off
the North Side of Bergen Avenue , Mattituck . Mr. Cooper was present
and spoke in behalf of his application ; no opposition was received .
The written testimony of the hearing is prepared under separate
cover by Barbara Strang also filed simultaneously with the Town
Clerk ' s Office with these minutes . At the end of the hearing ,
the following resolution was adopted :
On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was
RESOLVED , that the hearing of Appeal No . 3325 in the Matter of
DOUGLAS A . •000PER be and hereby is declared closed , pending
deliberations .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
}
Southold Town Board of Appeals 727 March 7 , 198,5 Regular Meeting
(Appeal No . 3325 - DOUGLAS A. COOPER, continued : )
and Sawicki . (Member Douglass was absent from vote . ) This resolution
was adopted by unanimous vote of the four members present .
7 :41 p .m. Public Hearing was .held in the Matter of JOSEPH
LIZEWSKI , Appeal No . 3322 . Special .Exception for the establishment
of private racquetball club . N/S Main Road ( E/s Depot Lane ) ,
Cutchogue . B-Light Business Zoning District . The Chairman also
read the legal notice of hearing and the -:subject application for
the record. Dr. Lizewski was present and spoke_ in behalf of his
application ; no opposition was received. The written testimony
of this hearing is prepared under separate cover by Barbara Strang
and filed simultaneously with these minutes at the_ Town Clerk ' s
Office . At the hearing , Dr . Lizewski advised the board that he
has amended the building location and the setbacks were being
changed . Inasmuch as the. amendments may require variances , the
Chairman suggested ::a recess until April llth in order to allow
Dr. Lizewski time to file his amended plans with the Building
inspector for re-consideration and if necessary , to file an
application for the variance_(s ) . The board took the following
action :
On motion by Mr. Goehringer , seconded by Mr. Grigonis , it was
RESOLVED , that the Matter of Appeal No . 3322 of JOSEPH LIZEWSKI
be and hereby is 'RECESSED UNTIL APRIL 11TH , 1985 .
Mote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Sawicki . (Member DOuglass.;was absent . ) This resolution
was adopted by unanimous vote of the four members present .
7 : 53 p .m. . Public Hearing was held in the Matter of ALICE D .
CURRIE , Appeal No . 3321 . Variance to re-define and change lot lines
of three parcels which contain insufficient area , depth and width .
N/S Soundview Avenue , Southold . Mr . and Mrs . Currie were present
and spoke in' behalf of their_ application . The Chairman read the
legal notice of hearing , appeal application and letter of objection
for the record . The written—testimony of the hearing is prepared
under separate cover and also filed simultaneously with these
minutes at the Office of the Town_ Clerk for reference . The board
then took the following action :
On motion by Mr . Goehringer , seconded by Mr . Grigonis , it was
RESOLVED , that the Matter of Appeal No . -3321 , of ALICE D. CURRIE
Southold Town Board of Appeals -37 March 7 , 1985 Regular Meeting
(Appeal No . 3321 - ALICE D. CURRIE, continued : )
be and hereby is declared closed , pending deliberations .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
.and Sawicki . (Member Douglass was a-bsent . ) This resolution was
unanimously adopted by unanimous vote of the four members present .
8 : 00 p .m . Public Hearing was held in the Matter of ANDREAS
PALIOURAS , Appeal No . 3319 . Variance to reinstate and restore
second dwelling structure to its original condition as a
one-family residence . at 32570 C . R . 48 , Peconic , NY. Mr. Paliouras
and George Kokkinos were present . Mr . Kokkinos spoke in behalf
of the application . No objections were received during the
hearing . (Please refer to verbatim testimony prepared under
separate cover by Barbara Strang and filed simultaneously with
the Town Clerk ' s Office with these minutes . ) The board took
the following action :
On motion by Mr . Goehringer , seconded by Mr . Grigonis , it was
RESOLVED , to close the;: hearing , Apending deliberations , in the
Matter of Appeal No .. 3319 , for ANDREAS PALIOURAS until after the
board has had an opportunity to inspect the interior of the
premises under consideration .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
and Sawicki . '(Member Douglass was absent . ) This resolution was
adopted by unanimous vote of four members present .
8 : 06 p .m: Public Hearing was held in the Matter of WILMA MEEHAN
and MARY LEONARDI under Appeal No . 3318 . Variance for re-division
of two lots which contain insufficient area , width and depth. Reydon
Drive , Southold . Paul Caminiti , Esq . spoke in behalf of the
application . No opposition was received during the hearing . (See
verbatim testimony prepared under separate cover by Mrs . Strang and
filed simultaneously herewith at the Town Clerk ' s Office . ) The
board took the following action after the hearing and deliberations :
WHEREAS , a public hearing was held and concluded on March 7 ,
1985 , in the Matter of WILMA MEEHAN and MARY LEONARDI under Appeal
No . 3318 , during which time testimony was received in behalf of
this application , and there was no opposition ;
WHEREAS , the board members have personally viewed and are familiar
with the premises in question and its surrounding area , as well as all
Southold Town Board of Appeals -4- March 7 , 1985 Regular Meeting
(Appeal No . 3318 - MEEHAN AND LEONARDI , continued : ) .
the statements of record; 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 and contains a total area- of 39 , 900± sq .
ft . and total frontage along Reydon Drive of 326 . 10± feet ;
2 . The property in question is shown to be Lots No . 29 , 30 ,
31 , 32 , 33 , 34 and 35 of the 1936 Subdivision of Reydon Shores ,
Block E , Suffolk County Clerk Map No . 631 , and is more particularly
identified on the Suffolk County Tax Map as District 1000 , Section
80 , Block 02 , Lot 15 ;
3. The applicants are requesting : (a ) proposed Lot 1 of an
area of 19 ,050 sq,. ft . , comprising Reydon Shores Lots 29 , 30 , 31 ,
and 32 , and having a lot width of 120 . 6± feet and lot depth of 153 . 1 ±
and 158 . 4± feet; (b ) proposed Lot 2 of an area of 20 ,850 sq . ft. ,
comprising Reydon Shores Lots 33 , 34 and 35 , and having a lot width
of 205 . 5 feet and lot depth of 158 . 4 feet;
4 . Proposed Parcel 1 is improved with a one-family, one-story
dwelling set back approximatel.y 20 feet from Reydon Drive and
462 feet from its northerly side property line ; proposed Parcel
2 is vacant at the present time .
5 . Article III , Section 100-31 , Bulk Schedule of the Zoning
Code requires a minimum lot area of 80.,000 sq . ft . , lot width of
175 feet and lot depth of 250 feet ;
6 . For the record , it is noted that on January 21 , 1985 , the
Planning Board recommended approval of this application ;
7 . In viewing the character .of the neighborhood , the board
finds the lots as proposed to be consistent with those existing
in the neighborhood , and of similar or larger size accordingly.
In considering this appeal , .the board determines : (a ) the
relief requested is not substantial in relation to those existing
in the neighborhood ; (b ) there will be no effect on population
density and will not affect available governmental facilities ;
(c ) there will be no substantial change in the character of the
neighborhood or substantial detriment to adjoining properties ;
(d ) the circumstances of this appeal are unique in that the
land in question consists of lots on a subdivision map filed in
the County Clerk ' s Office ; (e ) there is no other method feasible
for appellant to pursue , other than a variance ; (f) that in view
of the manner in which the difficulty arose , justice will be
served by allowing the variance applied , as noted below.
f
Southold. Town. Board of Appeals -5- March 7 , 1985 Regular Meeting
(Appeal No . 3318 - Meehan and Leonardi , continued : ) ,
NOW , THEREFORE , on motion by Mr . Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , that the relief requested under Appeal No . 3318
in the Matter of WILMA MEEHAN and MARY LEONARDI for approval of
insufficient lot area and width of Parcel l of 19,050 sq .-ft .
and 120 . 6± feet , and of Parcel 2 of 20 , 850 sq . ft . in area , BE
AND HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . There be no further subdivision or lot area reductions ;
2 . Buildings to be constructed must comply with the
setback requirements of the zoning ordinance applicable to
this lot size .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Sawicki . (Member Douglass was absent from vote . ) This
resolution was unanimously adopted by all four members present .
(Member Douglass arrived . )
- 8 : 10 p .m.. -'. Public Hearing was held in the Matter of ROBERT
AND ALDONA NORKUS, Appeal. No. '3306 . Variance for four proposed
parcel-s -with insufficient 1 of width. Orchard Lane , off_ Ce-dar
Beach-_ Road , Southold . Richard J . Cron , Esq .- spoke in__ behalf of
the application . _Al.so present was Mark McDonald , one of the
purchasers of the property in question . (Reference may be made
to the verbatim testimony of this hearing prepared under
separate cover by Mrs . Strang and filed simultaneously herewith
at the Town Clerk ' s Office . ) Following testimony , the board
took the following action :
. On motion by Mr . Goehringer , seconded by Messrs . Sawicki
and Grigonis , it was
RESOLVED, to close the hearing pending deliberations in
the Matter of Appeal No. 3306 , of 'ROBERT AND ALDONA NORKUS .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
Southold Town Board of Appeals -6- March 7 , 1985 Regular Meeting
8 : 21 p .m. Public Hearing wa-s held in the Matter, of JOHN C .
AND FRANCES DiVELLO , Appeal No . 3205 . Variance : (a ) for approval
of access over "Meday Avenue " and (b ) for approval of insufficient
area and depth of parcels,proposed . E/s Westphalia Road , Mattituck .
The Chairman read the legal notice of hearing and appeal application
for the record in its entirety . William Wickham , Esq . spoke in
behalf of the application . Mr . and Mrs . DiVello were also present.
No objection was received during the hearing . (Refer to verbatim
testimony prepared under separate cover by Mrs . Strang and filed
simultaneously herewith at the Town Clerk ' s Office . ) Following
the hearing , the board took the following action :
On motion by Mr. Goehringer , seconded by Mr. Sawicki , it was
RESOLVED, to close the hearing pending deliberations and
reinspection of the right-of-way concerning Appeal No . 3205 in the
Matter of JOHN C . AND FRANCES DiVELLO .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
At this point in time , the board discussed and deliberated
on the Matter of Appeal No . 3291 of ANTHONY PAGOTO , Appeal
No . 3305 , ROBERT AND ALDONA NORKUS, Appeal No . 3321 , ALICE D .
CURRIE , Appeal No . 3325 , DOUGLAS COOPER.
(Continued on page 7 )
Southold Town Board of Appeals -7- March 7 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3305 :
Application of ROBERT AND ALDONA NORKUS , by Richard J . Cron , Esq . ,
Main Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article
III , Section 100-31 for approval of insufficient width of four proposed
parcels located off Orchard Lane , approximately 450 feet easterly from
Cedar Beach Road , Southold , NY ; consisting of Cedar Beach Park Subdivi -
sion Lots 35 , 36 , 37 , 38 , 47 , 48 , and part of 49 ; District 1000 ,
Section 89 , Block 3 , Lots 8 . 1 , 9 , 10 , 1. 1 . 1 , 6 , and 4.
Following deliberations , the board made .the4ollowing findings :
WHEREAS , a public hearing was held and concluded on March 7 , 1985 ,
in the Matter of ROBERT G . AND ALDONA NORKUS under Appeal No . 3305 , dur-
ing which time testimony was received in behalf of this application ,
and there was no opposition ;
WHEREAS , the board members have personally viewed and are familiar
with the premises in question and 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 and contains a total area of 4 . 4 acres ,
located 451 . 63 feet easterly from Cedar Beach Drive , and .off Orchard
Lane , along a private right-of-way extending southeasterly 155 . 08
feet , thence southwesterly 270 . 11 .feet , as shown on survey
prepared by Roderick VanTuyl , P . C . as amended August 8 , 1984 ;
2 . The property in question is known to be Lots 35 , 36 , 37 , 38 ,
47 , 48 , and part of 49 of the 1927 Subdivision Map of "Cedar Beach Park" ,
and is more particularly identified as District 1000 , Section 89 , Block
3 , Lots 8 . 1 , 9 , 10 , 11 . 1 , 6 , and 4 .
3 . Certificates of Occupancy have been issued by the Building
Departments as follows : (a ) Lot 35 , No . Z10963 , (b ) Lot 36 ,
No . 10962 , (c ) Lots 37-38 , No . Z10961 , (d ) Lot 47 , No . Z10965 ,
(e ) Lot 48 , No . Z10964 ;
4 . On June 1 , 1983 , recommendation was made by the Planning
Board to the Town Board to include this proposal for exemption from
the two-acre zoning requirements effective May 20 , 1983 by Local Law
#7-1983 .
5. On March 13 , 1984 , the Town Board granted relief from the
bulk requirements as provided in Local Law #11 -1983 , as to lot area ,
as in effect prior to May 20 , 1983 .
Southold Town Board of Appeals -8- March 7 , 1985 Regular Meeting
(Appeal No . 3305 - ROBERT AND ALDONA NORKUS , continued : )
6 . On April 2 , 1984 , the Southold Town Planning Board reviewed
and approved the _sketch .map of the applicants ; ..
7 . On September 7 , 1984 , the Building Department issued a
Notice of Disapproval for the subject division of land since action
is required by this board under Article III , Section 100-31 ;
8 . Article III , Section 100-31 , Bulk Schedule of the Zoning
Code in effect prior to May 20 , 1983 required a minimum lot width
of 150 feet.
9. The applicants are requesting a lot width of 100 feet for
each of the four proposed parcels : Parcel _"A" which is shown with
an area of 48 ,000 sq . ft. , Parcel "B" an area of 44 ,000 sq . ft . ,
Parcel "C" an area of 45 ,000 sq . ft . , and Parcel "D" of 54 ,000 sq .
ft .
In considering this appeal , the board determines : (a ) that
the relief requested is not substantial , being one-third of the
requirements (in effect May 20 , 1983 ) , .. (b ) there will be no effect
on populatio.n density thereby not effecting available governmental
facilities , (c ) there will be no substantial change in the char-
acter of the neighborhood or a substantial detriment to adjoining
properties since there are lots of similar character in the
immediate vicinity , (d ) that the circumstances of this appeal
are unique , (e ) that there is no other method feasible to
rearrange to lot lines to try and meet the lot width requirements
other than a variance , (e ) that in view of the manner in which
the difficulty arose , justice will be served by allowing the
variance applied , as noted below. _
NOW , THEREFORE, on motion by Mr . Sawicki , seconded by Mr .
Grigonis , it was
RESOLVED , that the relief as requested under Appeal No . 3305
for 100-foot lot width for each of the four proposed parcels as
shown on survey amended August 8 , 1984 for ROBERT G . AND ALDONA
NORKUS , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . There be no further lot area reductions for any parcel
(or lot line changes , redivisi.ons ) ;
2 . All new construction must comply with all requirements
of the zoni..ng code applicable to 40 ,000 sq . ft . parcels (A-40 ) ;
3 . All new construction must comply with Chapter 46 , " Flood
Southold Town Board of Appeals -9- March 7 , 1985 Regular Meeting
(Appeal No . 3305 ROBERT AND ALDONA NORKUS , continued : )
Management Law" (the minimum lowest floor elevations above mean sea
level ) .
Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass
and Sawicki . Member Goehri_nger abstained . This resolution was
adopted by majority vote of the members .
PENDING DECISION : Appeal No . 3291 :
. Application for ANTHONY PAGOTO , c/o Swim King Pools , Route 25A ,
Rocky Point , NY 11778 , for a Variance to the Zoning Ordinance , Article
III , Section 100-32 for permission to locate inground pool in an area
other than the required rearyard , at Bayberry Road , Nassau Point ,
Cutchogue , NY ; District 1000 , Section 111 , Block 15 , Lot 1 . 6 (part
of 1 . 3 ) .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held , initially November 29 , 1985 ,
and concluded on February 14 , 1985 , in .the Matter of ANTHONY PAGOTO
under Appeal No . 3291 , during which time testimony was received in
behalf of this application , and there was no opposition received for
the record ;
WHEREAS , the board members have personally viewed and are familiar
with the premises in question and 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 , contains a total area of 48 ,678± sq .
ft_. , its westerly and southerly boundaries along Bayberry Road and
Bridge Lane; and is more particularly identified on the Suffolk County
Tax Maps as District 1000 , Section 1. 11 , Block 15 , Lot 1 . 6 (previously
part of 1 . 3 ) ;
2 . The subject property is a corner lot as defined by Section
100-13 with two front yards';
3 . Existing upon the subject premises is a one-story , one-
family dwelling , as shown on survey prepared by Burton Hands;;:. , L . S .
September 6 , 1978 , with a distance to the nearest front property lines
of approximately 56 feet from the southwest corner of the house .and
approximately 150 feet from the southeast corner of the house ;
4 . By this application , applicant requests permission to
locate a 20 ' by 40 ' pool. with decking , five feet wide at the easterly
and westerly sides , and a maximum of eight feet wide at the southerly.
Southold Town Board of Appeals -10- March 7 , 1985 Regular Meeting
(Appeal No .. 3291 - ANTHONY PAGOTO, continued : )
side . The most northerly end of the pool area is proposed to be
brick patio at a width of approximately 1.2 feet ;
5 . The proposed pool and decking is requested to be set
back not less than 25 feet from the easterly property line and at
a distance of 90 to 100 feet from the southerl.y front property line ;
6 . For the record it is noted that the premises in question
was the subject of a prior variance , under Appeal. No . 2461 by
Thomas and Rosa Fucile of August 17 , 1978 , which conditionally
permitted the construction of a one-family dwelling on vacant .land
with a minimum setback of 40 .feet from Bayberry. .Road and 50 feet
from the northerly and easterly property lines ;.
7 . Article III , Section 100-32 of the Zoning Code permits
accessory structures to be located only in the rearyard area;
8 . It is the opinion of the board members that in view of
the fact that the premises is a corner lot with limited rearyard
area and for the reasons stated by the applicant , the requested
location o.f the structures in question is the most feasible under
the circumstances .
In considering this appeal , the board determines : (a )
that the relief requested is not substantial ; (b ) there will
be no effect on population density and will not affect available
governmental faciliti.es ; (c ) there will ,be no substantial change
in the character of the neighborhood or a substantial detri.ment
to adjoining properties ; (d ) the circumstances of this appeal
are unique in .that this is a corner parcel ; (e ) that there. is
no other method feasible for appellant other than a variance ;
(f) that in view of the manner in which the difficulty arose ,
justice will be served by allowing the variance applied,, as noted
below .
NOW , THEREFORE , on motion by Mr . Grigonis , seconded by Mr .
Goehringer , it was
RESOLVED, that the relief as requested under Appeal No . 3291
in the Matter of ANTHONY PAGOTO for permission to locate swimming
pool with decking and retaining wall , at a setback of 25 feet from
the easterly property line and approximately 90 to 100 feet from
Bridge Lane , BE AND HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING
CONDITIONS :
1 . No adverse lighting ;
2 . Not closer than 25 feet from the easterly property line ;
Southold Town Board of Appeals 'll ' March 7 , 1985 Regular Meeting
(Appeal No . 3291 - ANTHONY PAGOTO� continued : )
3 . All other applicable rules and regulations pertaining
to swimmingpools (buildi.n_g codes , etc . ) .
Location of Property : Bayberry Road and Bridge Lane , Cut-
chogue , NY ; 1000-111.- 15-1 . 6. (part of 1.. 3) .
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 . 3321 :
Application of ALICE D . CURRIE , 68 West Fenimore Street , Valley
Stream , NY 11580 , for a Variance to the Zoning Ordinance , Article III ,
Section 100-31 , to re-define and change lot lines of three parcels
which contain insufficient area , depth and width , located on the North
Side of Soundview Avenue, Southold , NY ; District 1Q00 , Section 059 ,
Block 06 , Lots 18-19.
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 7 ,
1985 , in the Matter of ALICE D ,_ CURRIE ..under Appeal No . 3321 , during
which time testimony was received in behalf of . the application and
no oral objections were added ;
WHEREAS , there is in the record one letter of opposition from
the adjoining property owner to the west , Arthur R. Anderson ;
WHEREAS , the board members have personally viewed and are familiar
with the premises in question and its _.surroundi.ng 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 and contains a total area' 1 . 18 acres (to
tie line ) as shown . on survey prepared December 19 , 1984;:._,
2 . The property in question previously involved the grant of
a variance on October 24 , 1957 under. Appeal No . 33 . of Douglass I . and
Lawrence Currie in a proposed division .of land , involving . two lots
of 11 ,400± sq . ft . each (which is being referred to as Lo.t 1 and
part .of Lot 2 in this application ) ,-
3 . By the present application , applicants wish to re-define
and change the lot line from. the northeasterly corner of Lot 1 in
a westerly direction 100 ..72 feet rather than . ln a northerly direction ,
which would decrease the third parcel (Lot 3 ) from 28 ,000± sq . ft .
to 11 ,809 . sq . ft . and increase the rear .parcel (Lot 2 ) from
11 ,400± sq . ft ._ to 29 ,000± sq . ft .
4 . Lots 3 and 1 are each improved with a one-story , one-family
Southold Town Board of Appeals -12- March 7 , 1985 Regular Meeting
(Appeal No . 3321 - ALICE D. CURRIE , continued : )
dwelling with setbacks at least 36 feet from the front (southerly )
property lines ; Lot 2 is shown to be vacant except for a shed
approximately 6 ' by 10 ' in size , situate 8± feet from the easterly
property line.;
5 . By Notice of Disapproval dated January 7 , 1985 , applicants
were advised ,.that this. appli_c.ation is necessary -because of the
insufficient lot areas .
In considering this appeal , the board determines , since the
lot area (s ) have been established by a prior variance in accordance
with the zoning code and laws in effect _during 1957 , that : (a )
the relief requested is nQt substantial ; (b ) th-ere will be no
effect -on ...population density thereby not effecting available
governmental facilities , (c ) there will be no substantial change
in the character of the neighborhood or. substantial detriment to
adjoining properties , (d ) the circumstances of the appeal are
unique and -there is no other method feasible for appellants to
pursue other than a variance , (e ) in view of -the manner in which
the difficulty arose , justice will be served . by allowing the
variance applied , as indicated below.
Accordingly , on motion by Mr . Sawicki , seconded by Mr .
Grigonis , it was.
RESOLVED , that the relief as requested under Appeal No . 3321
in the Matter. of ALICE D . CURRIE for . permission to re-define lot
lines of parcels ha.v.ing insuff.icie.nt area and width , BE AND HEREBY
IS APPROVED ; SUBJECT TO THE FOLLOWING :
1 . Access approval over the right-of-way within the
boundaries of the division by the Planning , Board in accordance
with New York. Town Law , Section 280-.a;
2 . Referral by this department to the Suffolk County Planning
Commission in accordance with Sections 1323 , et .seq . of the Suffolk
County Charter .
Location of Property : North Side of Soundview Avenue , Southold ,
NY ; District 1000 , Section 059 , Block 06 , Lots 18-19.
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 - -13- March 7 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3325 :
Application of DOUGLAS ' A . COOPER, P . O . Box 16 , Mattituck , NY for
a Variance to the Zoning Ordinance , Article III , Section 100-30 (A) .
for permission to construct pole barn/stable accessory to keeping of
horses on this 2 . 4± acre parcel. located on . a private right-of-way
extending from the north side of Bergen Avenue., Mattituck , NY; Di.strict
1000 , Section 105 , Block 01 , Lot 002 . 2 .
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held and concluded on March 7 ,
1985 , in the Matter of DOUGLAS A. COOPER under Appeal No . 3325 ,
during which time testimony was received in behalf of the application
and no objections were received;
WHEREAS , the board members have personally viewed and are familiar
with the premises in question and its surroun.ding area ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is Tocated in an "A" Residential and
Agricultural Zoning District and is situate along a private right-of-
way which extends approximately 3500 feet from the north side of
Bergen Avenue ;
2 . The premises in question is identified on the Suffolk
County Tax Maps as District 1000 , Section 105 , Block 01 , Lot 002 . 2 ;
3 . By this application , appellant requests permission to
locate a 24 '. by 36 ' .horse barn or stable for the purposes of keeping
horses , to be situated approximately 300 ' from the southerly (front )
property line , not closer than 20 feet to the easterly side line ,
and approximately 65-75 feet from the westerly side property line ;
4 . Article III , Section 100-30 (A) does not specifically list
the proposed use as a permitted use on lots of less .than 10 acres ;
however , barns for storage and commercial agricultural purposes
are permitted provided they conform to the yard requirements for
principal buildings ;
5 . Article III , Section 100-30 (C) also permits similar build-
ings , accessory to an existing residential. use of a lot ;
6 . Applicant is also the owner of premises abutting the
Southold Town Board of Appeals -14- March 7 , 1985 Regular Meeting
(Appeal No . 3325 - DOUGLAS A. COOPER, continued : )
subject parcel to the east containing 6 . 2± acres and an existing
one-family dwelling ;
7 . Applicant would not be required to obtain a variance if
he were to .place the proposed horse stable and keeping of horses
on the adjoining residential parcel , nor would a variance. be
required if appl.icant were to .first construct a residence on the
subject parcel ;
8. For the record , it is noted that a conditional approval
was granted concerning the right-of-way to these premises under .
Appeal No . 1996 , January 30 , 1975 .
In considering this appeal , the board determines : (a ) that
the relief requested is not substantial in relation to the
zoning requirements ; (b ) that there will be no effect on popu-
lation density adversely affecting governmental facilities ; - (c )
that there will be no substantial change in the character of the
neighborhood or substantial detriment to adjoining properties
since the use requested would appear to fall under permitted
accessory uses if a residence existed ; (d )_ that the circum-
stances of this appeal are unique in that the owner resides at
premises adjoining the subject parcel ; (e ) that in view of
the manner in which the difficulty arose , justice will be served
by allowing the variance app.lied., .as noted below.
NOW, THEREFORE, on motion by Mr. Goehringer , seconded by
Mr. Sawicki , it was
RESOLVED , that the relief requested under Appeal No . 3325
in the Matter of 'DOUGLAS A. COOPER for the keeping of three horses
and for the construction of a 24 ' by 36 ' horse barn , BE AND HEREBY.
IS APPROVED, SUBJECT TO THE. FOLLOWING CONDITIONS :
1 . The subject building be used as requested , for the
purposes of stabling horses ;
2 . The subject building not exceed one-story height (18 feet )
and not exceed the size 24 ' by 36 ' ;
3 . There be no habitable quarters (or bunk house ) ;
4 . Building be located as requested : (a ) no closer than 300
feet to the southerly property line ; (b ) no closer than 20 feet to
the easterly property line .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
Southold T.o.wn.. Board of Appeals -15- March 7 , 1985 Regular Meeting
The Chairman discussed Appeal No . 3319, of ANDREAS PAL'IOURAS
briefly . It was noted that the structure appeared to be approxi -
mately 20 x 26 ' and less than 850 sq . ft . of liWable floor area .
The board said measurements could be taken at the time of
reinspection . The secretary was dir.edted to contact the applicant
to arrange for an interior inspection of the building .
The board members briefly deliberated Appeal No . 3294 of
PETER J . AND MARGARET TROYANO, and a;ifew of the board members
wanted additional time to go back and determine what road improve-
ments would be necessary in h:i,s','.opi:nion , particularly to low
flooding areas of the right-of-way . No action was taken .
Mr. Cron appeared at approximately 9 : 25 p .m. in behalf of
the properties of James McGuire at Cutchogue , near or abutting
the greenhouse : Mr. Cron asked if the board was familiar with
the premises , and it was mentioned that there was a previous
variance with conditions concerning the greenhouse portico
addition and parking . A decision was rendered recently by
Justice Tedeschi concerning a storage building which has been
recently modified or renovated . The Chairman said he was
familiar with it and :that matter was discussed brliefly at
the request of Mr . Lark and Mr . Lessard. T.o the Chairman ' s
knowledge , eather Mr. Lark or Mr . Lessard were going to go
over . the whole situation and suggest a resolution to the
problem . The Chairman said that there was nothing? di!scussed
that .invbl',ves the Zoning Board at this time . (Additional
verbatim. statements are available under separate cover with
the hearing statements also filed with these minutes for
reference . )
ENVIRONMENTAL DECLARATIONS : On motion by Mr . Douglass ,
seconded by Mr . Goehrin,ger , it was
RESOLVED , to declare the following Environmental Declara-
tions of "Nonsignificance" as required by the N .Y . S. Environmental
Quality Review Act , Local Law #44-4 of the Town Code , and Article
8 of the Environmental Conservation Law :
Southolrl Town Board of Appe,-ls -16- March 7 , 1985 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : ?32-4
PROJECT NAME: LYNN SCIORA ---
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.
I,
This '; oard determines the within project not to have a signifi-
cant adverise 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: To reinstate epting estrblishmentideli
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 67690 Main Ropd, Greenport,, NY
County Tpx Mpp P,)rcel #1000-5?-02-21
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 proper1- 7 in rruest.ion is not. loc;teO within ?00 feet of
ti('pl wetlPncgs or other critical ens-i.ronmentpl Prea.
( 3) The rblief renuesteO is not direc'-ly rely ter' to new construction.
f
Sou,tholci. Town Board of Appepls -17- March 7 , 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : "ll & ?332
PROJECT NAME: SAUL MILLMAN
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: To .estp1-lish two-f:-mily dwelling use on
less trnn .four Pcres of lend; specipl exception,
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: 3930 Horton Lane, Soutrold, NY
County Tpx Map Parcel #1000-54-7-23, 7
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 locpte(� within ?00 feet of
tidpl wetlpncl.s or other criticpl enrironrentpl rep,
(?) The relief r-emues-1.ea is not (qirer. tly related to new construction.
Southold Town Board of Appepls -18- March 7 , 1985 Regular Meeting
S.E.Q.R.A.
i� NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
i -
APPEAL NO. . ---___---
PROJECT NAME: HEL-Y-NN A. KAPP ---
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: To .construct new dwelling With insufficient
sideyprd setbpeks. & lot coverpge.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 1305 Third Street, New Suffolk, NY
County Tax .Mpp Pprcel #1000-m117-07®11.
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 locpted within 300 feet of
tidpl wetlpnds or other critical environmentpl Prep.
(3)Construction proposed is lrn(gTo rd- of existing structures.
Southold Town Board of Appeals -19- March 7 , 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non--Significance
APPEAL NO. :
PROJECT NAME: BRIDEN MACHINE 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: . [. ] Type II [x]. Unlisted [ ]
DESCRIPTION OF ACTION:Specia l exception to estl-blish mlcbine
shop, with insufficient side & rear yprd setbacks.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 555 Westphalir Ave.. ,_ Mattituck, NY ..
County Tax Map Parcel 41000-141-03-35
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-
merited as planned,.
(2) The property in question is not located within 300 feet of
tidal wrlpnds or other critical environmental area.
(3 The relief requested is not directly rel,=ted to new construction.
Vote of the Board : Ayes : - Messrs . Goehri,nger , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
i
N
Southold Town Board of Appeals -20- March 7 , 1985 Regular Meeting
PENDING APPLICATION : Appeal No . 3320 - BAYVIEW DEVELOPMENT/SAGE.
The Chairman was . informed that we have received the requested maps as
amended on March 5 , 1985 showing the wetlands . The board indicated
that if D . E . C . was furnished for our files by the advertising deadline ,
this matter could be scheduled for the April 11 , 1985 hearings . This
file will again - be reviewed at our next meeting of March 28th for
completedness . It was also noted that the Planning Board approved the
, sketch map and took legal agency , declaring_ nonsignificance,.'under SEQRA.
PENDING APPLICATION : Appeal No . 3323 - COLGATE DESIGN CORP .
(7-11 , Cutchogue ) . The board members reviewed the correspondence
from- the applican.t indicating that the trailer presently used for
storage of empty bottles would be removed if the variance is granted .
Also reviewed . wer.e..theuletters of .objections from both abutting
property owners . The board is concerned that- emergency vehicles
would be barred at either side from gaining entrance to the rear
in the event of a fire , particularly. with a gas station abutting
the premises on the east. As of yet ,1no response has been received
from the Planning Board concern ngI:their December 1972 site plan
approval . _ The board did not set a date for scheduling the:_:hearing
until w6,_have received a response from the Planning Board in
resolving this situation .
PUBLIC HEARINGS FOR MARCH 28TH : On motion by Mr . Douglass ,
seconded- by Mr . Sawicki , it was _
RESOLVED, that the following applications be scheduled.- for -.
public hearings at the March 28th , 1985 Regular Meeting of the
board , commencing at 7::.15 p .m. and as noted below , and- that the
Secretary is hereby authorized and directed to publish notice of
same in the local and official -,-Newspapers of the Town , to wit :
Suffolk Times and L . I . Traveler-Watchman , Inc . pursuant to law :
7 : 15 p .m. Appeal No . . 3295 - Fleet ' s Neck Property Owners/Wade ;
7 : 25 p .m. Appeal No . 3302 - Gustave J . Wade ; -
7 : 35 p .m. Appeal No . 3328 - Briden Machine Corp . ;
7 : 40 p .m. Appeal No . 3329 - Briden Machine Corp . ;
7 : 50 p .m . Appeal No . 3333 - Helynn D . Kapp ;
7 : 55 p .m. Appeal No . 3324 = Lynn Sciora ;
8 : 00 p .m. Appeal No . 3331 - Saul Millman ;
8: 10 p .m. Appeal No . 3332 - Saul Millman .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . THis resolution was adopted by
unanimous vote of all the members .
Southold Town Board of Appeals -2.1 - March 7 , 1985 Regular Meeting
PENDING APPLICATIONS: Appeal No . 3330 - Dominick Varano and
Appeal No . 3336 , . William and Helen Coster , by Richard F. Lark , Esq .
The board indicated that these matters could be held for public
.hearings March 28th , and it was noted that- Mr . Lark would be on
vacation that week and they had verbally requested a postponement
of one meeting , for. April llth . This change was authorized .
MATTERS FOR APRIL 11TH PUBLIC HEARINGS: The board reviewed
and authorized schedui.ing of.. each of the following matters for
public hearings to be . heid April llth commencing at 7 : 30 p .m. and
as follows :
(1 ) William and Helen Coster ;
(2') Bayview Development/Sage ;
(3 ) Dominick Varano ;
(4) Harold T. Carr;
( 5 ) Thomas Higgins ;
(6 ) Joseph Lizewski - special exception reconvened;
(7 ) Joseph Lizewski - variance , plan as amended .
MATTERS FOR .'PUBLIC HEARINGS AT PUBLIC HEARING FOLLOWING
April llth (tentatively April 25th.* or May 2nd ) :
(1 ) Saba/Kislow/Sujewski ;
(2 ) Howard L . Young and wife ;
(3 ) Colgate- Design- Corp . ; -
(4 ) Kimon and Woodene Retzos ;
(5 ) Sobering ;
(6 ) Jean C.--Holland (await fee and additional sq . ftg . info . ) .
MATTERS :PENDING :FIELD :INSPECTIONS :'AND/OR ' INVESTIGATIONS :
(1 ) Scheduled for March 28th for hearings :
(a ) Briden Machine Corp . - (Nos . 3328 and 3329) ;
(b ) Saul Millman (Nos . - 3331 and 3332 ) ;
(c ) Lynn Sci.ora (No . 3324) ;
S
t
Southold Town Board of Appeals -22- March 7 , 1985 Regular Meeting
(1 ) continued :
(d ) Helynn D . Kapp (No . 3333) ;
(e ) Gustave J . Wade (Nos . 3295 and 3302 ) .
(2 ) Sched.uled tentatively for April llth :
(a ) William and Helen Coster;
(b ) Bayview Development/Sage ;
(c ) Dominick Varano ;
(d ) Harold T. Carr;
(e ) Thomas Higgins ;
(f ) Joseph Lizewski ' (Nos . 3322 and 3350 ) .
(3 ) Open hearing dates :
(a ) Saba/Kislow/Sujewski ;
(b) Howard L . Young and wife ;
(c ) Colgate Design Corp . ;
(d) Kimon and Woodene Retzos 280-a ;
(e ) Sobering ;
(f ) Jean C. - Holland;
APPROVAL OF MINUTES : On motion by Mr . Grigonis , seconded by
Mr . Doyen , it was
RESOLVED , to approve the Minutes of the February 14 , 1985
Regular Meeting of this board.
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 transactions properly coming before
the board at this time , motion was made by Mr. Grigonis , seconded by
Mr . Sawicki , and unanimously carried , to adjourn . _ The meeting was
adjourned at 9 : 45 p .m. _
Respectfully submitted ,
r. . L 6na (its./L F. Kowals i , Secretary
Southold Town ,_ Board of Appeals
;'Gerard P. oe ringer Chairman
3/7/85
r
THE SOUTaiOLD TG V =' =a
DATE
Town Clerk; To,,time Qs clout a