HomeMy WebLinkAboutZBA-02/14/1985 r
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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
FEBRUARY 1441985
A Regular Meeting of the Southold Town Board of Appeals was
held on T4ur.sday ; February 14 ,_ 1985 at 7 : 30 p .m. at the Southold
Town Hall , Main ...Road , Southold , New York :
Present were : Gerard P . Goehringer , Jr. , Chairman ; Charles
Grigon.is , Jr . , Serge Doyen ,.. Jr. , Robert J . Douglass and Joseph H .
Sawicki , constituting all the members of the board . Also present
were Victor Lessard , Building Department-Administrator , and
approximately. 25 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 :
PUBLIC HEARING : 7 : 34 p .m. ' . The Chairman opened the hearing
by reading of the legal notice and variance application concerning
Appeal No . 3294 for PETER J . AND MARGARET TROYANO by Richard F.
Lark , Esq . There was testimony both in behalf of and against the
application , and the verbatim transcription of same was recorded
electronically and subsequently prepared by Barbara Strang , the
original of which has simultaneously been filed with the Office
. of the Town Clerk . Subsequent to receiving testimony , the board
took the following action :
On motion by Mr . Goehringer , seconded by Mr . Grigonis , it was
RESOLVED , to close the hearing pending receipt of the pictures
referred to by Mr. McGunnigle , in the Matter of Appeal No . 3294 of
PETER J . AND MARGARET TROYANO .
Vote of the Board : Ayes : . Messrs . Goehringer , Grigonis ,
s
Southold Town Board of Appeals -2- February 14 , 1985 Regular Meeting
(Appeal No . 3294 - PETER AND MARGARET TROYANO , continued : )
Doyen , Douglass and Sawicki . This resolution was adopted by unanimous
vote of all . the members .
7 : 58 p .m. Public Hearing was held in the matter of JOSEPH AND
PATRICIA STIEFER ...under Appeal . No . 3314 for permission to build
accessory horse barn in the frontyard area and to erect fencing
exceeding the four-foot height requirement in the frontyard area ,
at 6760 Sound Avenue , Mattit.uck , ;New'. York . Mr, Stiefer _spoke in
behalf of his application , and the verbatim transcr..i.ptio.n .of same
has been .prepared under separate cover by Barbara Strang and filed
simultaneously with the Town Clerk ' s Office for reference .
Subsequent to receiving testimony , the .board .took the following
action :
On motion by Mr . Goehringer , seconded by Mr . Douglass , it was
RESOLVED , to close the hearing pending receipt of the setback
distances requested of the applicants
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki. . This resolution was adopted by
unanimous vote of all the members .
8 : 12 p .m . Public Hearing was held in the Matter of 'THOMAS
PERILLO , by .Rudo.lph H . Bruer , .Esq . under Appeal - No . 3314 for _
approval of insufficient area and width of .two .proposed parcels
at. Home Pike and Silkworth Roads , Mattituck , New York .
Mr. Bruer, spoke in behalf of the. application , and the verbatim
transcription of same has been prepared under separate cover by
Barbara Strang and simultaneously filed with the ..Town Clerk ' s
Office .
Subsequent to receiving testimony , the board took the
following action :
On motion by Mr . Goehringer , seconded by Mr. Grigonis , it was
RESOLVED, to close the hearing pending deliberations in the
Matter of THOMAS PERILLO , Appeal No. .3314 .
Vote of the Board : Ayes: Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki, . This resolution was adopted by
unanimous vote of all the members .
' Southold Town Board of Appeals -3- February 14 , 1985 Regular Meeting
8 : 20 p .m. Public Hearing was held in the Matter of ANTHONY
PAGOTO for permission to locate swimmingpool in frontyard area , at
Bridge Lane and Bayberry Road , Nassau Point , Cutchogue . Mr.
Pagoto spoke in behalf of his application . '('The statements of
the hearing have been .recorded electronically and prepared under
separate cover by Barbara Strang .and filed _si.multaneously herewith
in the Town Clerk ' s Office . ) Following testimony , the board:took
the following action :
On motion by Mr. Goehringer , seconded by Mr . Douglass , it was
RESOLVED , to close the hearing , pending receipt of the setback
distance for the pool with the deck area from the property lines .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
8 : 30 p .m. Public Hearing was held in the Matter of the ESTATE
OF LOUISE WILSON , by A. Wickham , Esq . for Variances : (a) to Article
III , Section .100-31 .for approval of insufficient area and width of .
two proposed parcels , and ._(b ) to New York Town Law, Section 280-a
for approval o„f access , R-O-W located off the North Side of Main
Road , Mattituck , New York . Miss Wickham spoke in behalf of the
application , and following testimony , the board took the following
action :
On motion by Mr. Goehringer , seconded by Mr. Doyen , it was
RESOLVED, to recess for approximately five minutes , at which
time the hearing would be reconvened . _
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki. . This resolution was adopted by
unanimous vote of all the members . The meeting recessed at ...8 : 35.
8 : 40 p .m. After motion by Mr . Goehringer , seconded by Mr.
Sawicki , it was
RESOLVED, to reconvene . This resolution was unanimously adopted .
ESTATE OF LOUISE WILSON 'PUBLIC HEARING continued :
Abigail Wickham advised the board that the property was located
in the "A" Residential Zoning District and the date of death was
early 1983. . .
:(Testimony has been transcribed under separate cover by Barbara
Strang and filed with the Town Clerk for reference . )
' Southold Town Board of Appeals -4- February 14 , 1985 Regular Meeting
( Estate of Louise Wilson , continued : )
Following testimony , the board took the following action :
On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was
RESOLVED, to close the hearing pending deliberations .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki. . This resolution was adopted by
unanimous vote of all the members .
8 :42 p .m. Public Hearings in the Matters of Appeal Nos . 3316
and 3315 for the -' LIBRARY : There .was .no opposition
to the Chairman ' s combining the .two hearings . The Chairman read
both the legal notices for each hearing and read each application
accordingly for .the record . Mrs . Jane Minerva was present and
spoke in .beha.lf of the application . No opposition was received .
(The statements of the hearing were recorded electronically and
prepared under separate cover by Barbara Strang , attached,..to the
end of these minutes and filed with the Town Clerk ' s Office . )
Following testimony , the board took the following action :
On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was
RESOLVED, to close the hearings pending deliberations on
Appeals No . 3315 and 3316 for the CUTCHOGUE .:FREE 'LIBRARY .
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki. . This resolution was adopted by , .
unanimous vote of all the members .
8 : 55 p .m. Mr. Joseph Stiefer appeared before the board with
the setback distances requested ..earli.er during his hearing .
Mr . Stiefer advised that board that ...the distances for the
proposed fence enclosure are as follows : (a ) 10 ' ....from the front
property line , (b ) 30 ' from the ..east property line , (c ) 20 '. from
the .west side property line , and (d ) from the road and extending
back 950 feet. .
Southold Town Board of Appeals -5- February 14 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3317 :
Upon application for THOMAS 'PERILLO , c/o Rudolph H . Bruer , Esq . ,
Main Road , Southold , NY for a Variance to the Zoning Ordinance , Article
III , Section 100-31 for approval of insufficient area and width of
parcels in this proposed division of land located at Silkworth Road
and Home Pike , Mattituck , NY ; District 1000 , Section 114 , Block 1 ,
Lot 7 .
The board took the following action :
WHEREAS , the public hearing on the appeal application of THOMAS
PERILLO , Appeal No, 3317 , was held on February 14 , . 1985 , and all
testimony from said hearing have been taken into consideration by
each board member in making these findings and determination ;
WHEREAS , at said hearing , there was no opposition given in the
record ; and
WHEREAS , each of the board members have viewed and are familiar
with the premises in question and its surrounding area ; and
WHEREAS , the board made the following findings of fact and
determination :
1 . The property in question is located in the "A-80" Residential
and Agricultural -.Zoning District ;
2 . The property in question is identified on the Suffolk County
.Tax Map as District 1000 , Section 114 , Block 1 , Lot 7 , and .. is shown _
on survey map dated May 30 , 1984 as - vacant property of a total of
3 . 1974 acres ;
3. Article III , Section 100-31 , and Bulk Schedule of the Zoning
Code , requires _ a minimum area of 80 ,000 sq . ft . and minimum lot width
of 175 feet for each proposed parcel of land -established subsequent
to June . 10 , 1.983 (date effectuated ) ;
4 . Parcel #1 is proposed to be 1 . 5323 acres (66 , 746± sq . ft. )
consisting of Part of Lot 19 , and 20 of a former 1916 subdivision
of " Point Pleasant , " . having frontage al.ong .. Home Pike Road of 144 . 20±
feet . and an average lot width of 248 . 10. .feet , with frontage along
Darby' s Branch of . Mattituck Creek of, 352± feet (along a tie line ) .
5 . Parcel #2 is proposed to be 1 . 6651 acres (72 , 531 sq . ft . )
consisting of Lots 17 , 18 , and part of_ 19 of the former subdivision
'Southold Town Board of Appeals -6- February 14 , 1985 Regular Meeting
(Appeal No . 3317 - THOMAS PERILLO , continued : )
of 1916 of "Point Pleasant , " and having frontage along Home Pike Road
of 80± feet and an -average lot width of 150± feet with frontage along
Darby ' s . Branch of Mattituck Creek of 260± feet (see survey dated
May 30 , 1984) .
6 . In viewing the area , the board finds : (a ) the neighboring
parcels to the west to be of. a . size similar or smaller than . that
proposed by this application , varying from 44 ,000 sq . ft. and greater
for area , and from . 80 ' lot width and greater; (b ) the relief .,
is the minimal - available under the circumstances .
7 . The right-of-way in question is private and is pending
acceptance by this board as to anticipated improvements in accordance
with the September 30 .' 1982 decision of this board under Appeal
No . 3025 , pursuant to . N'ew York Town Law, Section 280-A.
In considering this appeal , the board also finds :
1 . ' That the relief requested is minimal ,
2. That this proposed is consistent with those parcels generally
existing in the surr_oun_ding neighborhood;
3 . That there will be no effect on population density and thereby
will not effect available governmental facilities ;
4 . That there is no substantial change in the character of this
area or a substantial detriment to adjoining properties ;
5 . That the circumstances are unique ;
6 . That the relief requested cannot be obviated by another
method . feasible to appellant other than a variance ;
7 . That in view of the manner in which the difficulties arose ,
justice will be 'served 'by allo.w.ing the. variance , as;; conditionally noted
below.
NOW , THEREFORE , on motion by Mr . Goehringer , seconded by Mr .
Grigonis , it was
RESOLVED , . that _ the . relief requested under Appeal No . 3317 in
the - Matter: - of.-'T.HOMAS 'PERILLO . as - shown - on survey dated May 30 , 1984 ) ,
BE AND HEREBY IS APPROVED -.SUBJE.CT '.TO 'THE FOLLOWING CONDITIONS : _
1 . That there be no further lot size reductions (no, further
division ) ;
2 . New York Town Law , Section 280-A , - concerning conditions as
Southold Town Board of Appeals -7- February 14 , 1985 Regular Meeting
(Appeal No . 3317 - THOMAS PERILLO , continued : )
imposed by this board involving the subject right-of-ways , extending
from Westphalia Road and along premises .of the .applicant , as follows :
(a ) Commencing from Westphalia Road and extending along ,
the premises in question : , [1 ] a minimum width of 15 feet and [2]
such minimum 15-foot width shall be surfaced with a minimum depth
of two inches of packed three-quarter-inch stone blend so as to
afford access for emergency vehicles . Such stone blend may be
either applied to the ground surface and shaped , or the surface
may be excavated to permit the application of packed blend to a
depth of two inches ; .
(b ) Commencing from Silkworth Road and extending along
the premises in question : . [1 ] a .minimum width of 15 feet and [2]
such minimum 15-foot width shall be surfaced with a minimum depth
of four inches of packed three-quarter-inch stone blend so as to
afford access for emergency vehicles . Such stone blend may be
either applied -to the ground surface . and shaped , or the surface
shall be excavated to permit the application . of packed blend to a
depth of four inches ;
(c ) Where the terrain of the land over which such access
roads are traversed is such that drainage problems may occur , the
applicant and/or owners shall be required to construct such
drainage facilities as may be recommended by this board ;
(d ) That this access road must be maintained at all
times in good satisfactory condition as stipulated above for
access by . emergency . vehicles ;
(e ) That this access road be approved , after notification ,
by the Board of Appeals as to . meeting the . above requirements .
Location of Property : Silkworth Road and Home Pike Road ,
Mattituck , NY ; IOQO-114-1 -7 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of a_1.1 the members .
Southold Town Board of Appeals -8- February 14 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3314 :
Application of JOSEPH AND PATRICIA STIFFER, 6760 Sound Avenue ,
Mattituck , NY for a Variance to the Zoning Or finance , Article III ,
Section 100-32 for permission : (a ) to build accessory horse barn
in the frontyard area and (b ) to erect fencing exceeding four-feet
in height in the frontyard area , premises .known as 6760 Sound
Avenue , Mattituck , NY; District 1000 , Section 121 , Block 04 , Lot 08 .
The following action was taken ; following deliberations :
WHEREAS , the public hearing on the appeal application of JOSEPH
AND PATRICIA STIEFER , Appeal No . 3314 , was ._held and concluded on
February 14 , 1985 , at which time no , opposition was received and
the applicants were heard in behalf of their application ;
WHEREAS , the board members have viewed and are familiar with
the premises in question and its surrounding area ; and
WHEREAS , the board made . the following findings of fact and
determination :
1 . The property in question contains an area of 13 . 3655 acres
and is located in the "A-80" Residential and Agricultural Zoning
District ;
2 . The subject premises is known and identified as Lot 1 of
Minor Subdivision No . 438 conditionally approved by the Planning .,
Board November 5 , 1984 ; and more particularly designed as District
1000 , Section 121 , _Block 4 , part of Lot 8 ;
3 . Article III , Section 100=32 of the Zoning Code permits
the placement of an accessory structure only in the reary,ard area ;
4 . Applicant has requested permission to place a 30 ' by 100 '
horse barn , which will be accessory to a proposed principal struc-
ture-one-family dwelling , in an area approximately 600 feet from .
Sound Avenue , ..and approximately 80 feet from the easterly property
line ;
5 . Article III , Section 100-119. 1 of the Zoning Code permits
fences to be located within the frontyard area at a maximum height
of four feet , and within the side or rear yard areas at a maximum
height of 612 feet ;
6 . Applicant has requested permission to locate a fence at
a height of not greater than five feet within the frontyard area
approximately ten feet from the front property line , approximately
30 .feet from the easterly property line , and approximately 20 feet
Southold Town Board of Appeals -9- February 14 , 1985 Regular Meeting
(Appeal No . 3314 - JOSEPH AND PATRICIA STIEFER, continued : )
from the westerly property line . The fence enclosure will extend
approximately 950 feet from the front property line (Sound Avenue ) .
Also , in considering this appeal , the board finds , in view
of the size and uniqueness of this parcel , the setback proposed
of the principal one-family dwelling of more than 1200 feet from
Sound Avenue , the barn is .proposed to be set back .a distance .much
greater than than normally required for either a principal or
accessory building , and .the fencing is proposed to be at a height
of one foot (25%) over that permitted near the northerly and
westerly frontyard areas , as .follows :
1 . That the relief requested is not substantial in relation
to the zoning requirements ;
2 . That these proposals are consistent with the intent and
purposes of zoning ;
3 . That there will be no substantial change in the character
of this Residential and. Agricultural Zoning District ;
4 . That there will be no effect on population density and
thereby will not effect available governmental facilities ;
5 . That the circumstances are unique ;
6 . That the relief requested cannot be obviated by another
method feasible to appellant under the circumstances other than
by a variance ;_
7 . That in view of the manner in which the difficulties
arose , justice will be served by allowing the variance , as
conditionally noted below .
NOW , THEREFORE, on motion by Mr . Goehringer , seconded by Mr .
Sawicki , it was
RESOLVED, that the relief requested under Appeal No . 3314 in
the Matter of JOSEPH AND PATRICIA 'STIEFER to locate 30 ' by 100 '
horse barn/stable in the frontyard area and five-foot high fence
enclosure extending at a point 10 ' from the northerly front .property
line ( Sound Avenue ) 950 feet deep , as applied herein , BE AND HEREBY
IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The fencing shall not exceed five feet in height ;
2 . The fencing shall not be located any closer than :
(a ) 10 feet to the northerly front property (Sound Avenue ) ;
So'uthold Town Board of Appeals -10- February 14 , 1985 Regular Meeting
(Appeal No . 3314 - JOSEPH AND PATRICIA STIEFER , continued : )
(b ) 30 feet to the easterly property line ;
(c ) 20 feet to the westerly property line ;
(d ) 5 feet to any telephone pole ;
3 . The fencing shall not extend further than 950 feet from
the northerly front property line (Sound Avenue )., as requested ;
4 . The subject horse barn/stable :
(a ) shall not be located any closer than 75-80 feet from
the easterly property line ; _
(b ) shall not be located any closer than 600 feet to the
northerly front property line (Sound Avenue ) ;
(c ) shall not be of a size in excess of 30 ' by 1001 ;
(d ) shall not be used for residential sleeping or habitable
purposes ;
(e ) shall not exceed 18 feet in height. .
Location of Property : 6760 Sound Avenue , Mattituck , NY ; County
Tax Map District 1000 , Section 121 , Block 4 , Lot 8 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members of the board.
PENDING DECISION : Appeal No. 3311 :
Application of ROBERT -A. "CELIC , Box 1247 , Mattituck , NY for a
Variance .to the Zoning Or i.nance ,. . rticle ,VII , Section 100-71 .for
permission to build addition with an insufficient rearyard .setback
from the easterly .property line , premises identified as 10200 Main
Road (and Marlene Drive) , Mattituck , NY ; County .Tax Map .Parcel
No . 1000-143-3- 1 .
Fal:l'owiing deliberations , the board' took the following action :
WHEREAS , the public hearing on the appeal application of ROBERT A.
CELIC , Appeal No . 3314 , was held and concluded on January 24 , 1985 ,
at which .time, all, tes_ti.mony was. taken , including written opposition
from an adjoining property owner along the .southerly property line ;
and
WHEREAS , the board members have each viewed the premises in
question as well as its surrounding area and are familiar with
Southold Town Board of Appeals -11 - February 14 , 1985 Regular Meeting
(Appeal No . 3311 - ROBERT A.' CELIC , continued: )
the character of the immediate zoning districts ; and
WHEREAS , the board made the following findings of facts :
1 . The property in question contains an area of 31 ,451 sq . ft .
and is located in the " B-l " General Business Zoning District ;
2 . The subject premises is known as 10200 Main Road at its
intersection with Marlene Drive , Mattituck, and is more. particularly
identified as District 1000 , Section 143 , Block 03 , Lot 001 ;
3 . The subject premises is improved with a one-story building
presently used for a real estate office and beauty parlor with a
setback .from the westerly front property line at 7 . 5± feet at its
nearest point , and set back from the northerly front property line
at 80 fee.t at its nearest point ;
4 . Abutting the subject parcel on the south are premises
located in the "A" Residential and Agricultural Zoning District
and on the east , premises also located in .the " B-l " General Business
Zoning District .
5 . Article VII , Section 100-71 , and Bulk Schedule of the Zoning
Code requires a minimum sideyard setback of 25 feet and minimum
rearyard setback of 35 feet for a pr.incipal structure ;
6 . Applicant has requested permission to vary the easterly
setback to 18 feet for a proposed .2 ,750 sq . ft. addition , extending
43± feet easterly from the northeast corner of the existing building
and thence extending northerly 45 feet (30 feet northerly from the
northwest corner of .the existing building ) ;
7 . Applicant has a proposed site plan pending before the
Planning Board for consideration of the elements required under
Section 100-134 of the Zoning Code ;
Also , in considering this appeal , it is the opinion of the
board that :
1 . The relief as requested is not substantial in relation
to the zoning requirements since , the parcel in question is a
corner lot as defined by Section 100-13 , and as such , Section
100- 119 allows a yard other than - a frontyard to be deemed a sideyard ,
which is 28% of a variance from the 25 ' requirement , or deemed a
rearyard ;
2 . The proposal is consistent with the existing character
of the use (s ) established , and there will be no substantial change
in the character of the zoning district , since the addition is
proposed for expansion of the present use (s ) ;
3 . There will be no effect on population density and thereby
will not effect available governmental facilities ;
4 . That in view of the manner in which the difficulties arose ,
justice will be served by allowing the variance applied.
Southold Town Board of Appeals -12- February 14, 1985 Regular Meeting
(Appeal No . 3311 - ROBERT A . CELIC , continued : )
NOW, THEREFORE , , on motion by Mr . Sawicki , seconded by Mr .
Grigonis , it was
RESOLVED, that the relief requested under Appeal No . 3311 in
the matter of 'ROBERT A . 'CELIC for permission to construct addition
with an insufficient setback from the easterly property line at
18 feet , BE AND HEREBY IS APPROVED AS APPLIED .
Location of Property : 10200 Main Road (and Marlene Lane ) ,
Mattituck , NY ; 1000-143-03-001 .
Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass
and Sawicki. (Member Goehringer abstained from vote , ) This
resolution was adopted by majority vote .
PENDING DECISION : Appeal No . 3315 :
. Application of CUTCHOGUE FREE LIBRARY , 27550 Main Road , Cutchogue ,
NY for a Variance to the Zoning Ordinance , Article III , Section 100-30 (B ) ,
100-31 , and 100-119 , for permission to construct library addition leaving
an insufficient rearyard setback at premises known as 27550 Main Road ,
Cutchogue , NY ; District 1000 , Section 109 , Block 06 , part of Lots 1 and
2 .
Following deliberations , the following action was taken :
WHEREAS , the public hearing on the appeal application of the
CUTCHOGUE FREE LIBRARY , Appeal No . 3315 , was held .and concluded on
February . 14 , 1985 , at which time no opposition was received and the
applicant .was heard i:n behalf of this application ;
WHEREAS , the board members have 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 as shown on site plan dated Novem-
ber 28 , . 1984 contains an area of 31 ,666 sq . ft . and is located in the
"A" Residential and Agricultural Zoning District ;
2 . The subject premises is improved with an 1800 sq . ft .
building which has . been .and will continue to be used for the.
Cutchogue Library ;
3 . The subject premises is bounded on the east by premises
presently of the Sacred Heart R. C . Church which is zoned " B-l " General
Business , on the south by land presently of Case and others located
in the "A" Residential and .Agricultural. .Zoning District;
Southold Town Board of Appeals -13- February 14 , 1985 Regular Meeting
(Appeal No . 3315 - CUTCHOGUE FREE LIBRARY ; continued : )
4 . Article III , Section 100-30 (B ) permits by special excep-
tion and site plan approval a library and subject to all other
code regulations , including Section 100-31 and Bulk Schedule of
the Zoning Code which requires a minimum rearyard .setback of 50 feet ;
5 . Applicant has requested permission to vary the southerly
yard setback to 19 feet and _the easterly yard setback will be maintained
at the established 16 feet , for the proposed 3 , 580 sq . ft . extension
of the present library , extending 64 .feet to the south and 60 feet
at the southerly end at its widest point ;
6 . For the record it is noted that the January 16 , 1985
certification of the Building Inspector indicates that the site
plan as proposed before the Planning Board will meet all other
.zoning requirements , and which this . board is in agreement with ;
Also , in considering this appeal , it is the opinion of the
board :
1 . That the relief as requested is not substantial and
that the area chosen is the most feasible , particularly in light
of the fact the subject premises is a corner lot and the building
is set back substantially from the main highways ;
2 . The proposal is consistent with the character of the
area since the use has ..been established and the site abuts .premises
in the business district on the east , which is required to have a
minimum of 35-feet from the rear property line ( 15 feet less than
that requi_red . for this site ) ;
3 . There will be no effect on population density and thereby
will not effect available governmental facilities ;
4 . That in view of the manner in which the difficulties
arose , justice will be served by allowing the variance , as . applied.
NOW, THEREFORE , on motion by Mr . Douglass , seconded by Mr .
Sawicki , it was
RESOLVED, that the relief requested in the Matter of the
CUTCHOGUE FREE LIBRARY for permission to construct addition for
library use with .an insufficient rearyard setback . from - the southerly
property line at 19 feet , Appeal No . 3315 ;. BE 'AND 'HEREBY IS "APPROVED
AS APPLIED.
Location of Property : 27550 Main Road , Cutchogue , NY; County
Southold Town Board of Appeals -14- February 14 , 1985 Regular Meeting
(Appeal No 3315 = CUTCHOGUE FREE LIBRARY , continued: )
Tax Map Parcel No . 1000-109-06=002 and part of 001 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by unani -
mous of all ..the members .
PENDING DECISION : Appeal No . 3316 :
Application of CUTCHOGUE FREE LIBRARY , 27550 Main Road , Cutchogue ,
NY for a Special Exception to the Zoning Ordinance , Article III , Section
100-30 (B ) [4] for permission to establish library use for an addition
proposed at premises known as 27550 Main Road , Cutchogue , N.Y ; District
1000 , Section 109 , Block 06 , part of Lot 2 and 1 .
Following deliberations , the board took the following action :
WHEREAS , the public hearing on the special exception applica-
tion of the CUTCHOGUE FREE LIBRARY , Appeal No . 3316 , was held and
concluded on February 14 , 1985 , at which time no opposition was received
and the applicant was heard in behalf of this application ;
WHEREAS , the board members have 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 as shown on site plan dated Novem-
ber 28 , .1984 contains an area of 31 ,666 sq . ft . and is located in the
"A" Residential and Agricultural Zoning District ;
2 . The subject premises is improved with an 1800 sq . ft .
building which has been and will continue to be used .for the
Cutchogue Library ;
3 . The subject premises is bounded on the east by premises
presently of the . Sacred Heart R. C. Church which is zoned " B-l " General
Business , on the south by land presently of Case and others located
in the "A" Residential and Agricultural toning Distrct ;
4 . This is an application for a Special Exception pursuant to
Article III , Section 100-3.0 (B ) for .permission to establish library
use within a proposed .addition to the present library structure ;
5 . The project in question has received a variance under
Appeal No . 3315 ,. same date .hereof , to vary the southerly yard
setback to 19 feet and the easterly yard setback will be maintained
at the established 16 feet , for the proposed 3 , 580 s.q . ft . extension
of the present library ,. extending 64 feet to the south and 60 feet
Southold Town Board of Appeals - 15- February 14 , 1985 Regular Meeting
(Appeal No . 3316 - CUTCHOGUE FREE LIBRARY , continued: )
at the southerly end at its widest point ;
6 . For the record it is noted that the January 16 , 1985
certification of the Building Inspector indicates that the site
plan as proposed before the Planning Board will meet all other
zoning requirements , and which this .board is in. agreement with;
In considering this application , the board has determined :
(1 ) that this use of the land in question is not a newly created
use since it is an expansi.on of th.e present library ; (2 ) that the
use will not prevent the orderly and .reasonable, use. of adjacent
properties or of properties in adjacent-use districts ;. (3 ) that
the safety , health , welfare , comfort , convenience or order of the
town will not be adversely affected by the proposed use and its
location ;. (4 ) that the use will be in harmony with and promote
the general purposes and intent of the zoning ordinance .
In passing upon this application , the board has also
considered items - (a ) through ( 1 ) of Article XII , Section .100-121 (C ) [2]
of the Zoning Code .
Accordingly , on motion by Mr . Douglass , seconded by Mr .
Sawicki , it was _
RESOLVED , that a Special Exception for the extension of
the proposed addition to the present library for library use RE
AND H.EREBY 'IS APPROVED AS 'APPL.IED in the Matter of the 'CUTCHOGUE
FREE LIBRARY , Appeal No , 3316. .
Location of Property : 27550 Main Road , Cutchogue , NY ; County
Tax Map Parcel No . 1000-109-06-002 and part of 001 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . .. This resolution was .adopted __by unani -
mous of all_ the members .
Southold Town Board of Appeals -16- February 14 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3310 :
Upon application of GARY DOROSKI , 425 Monsell Lane , Cutchogue ,
NY for a Variance to the Zoning Ordinance , Article III , . Section 100-32
for permission to locate accessory storage building in an area other
than the required rearyard at 425 Monsell Lane , Cutchogue , NY ; County
Tax Map Parcel No . 1000-97-8-27 , Norwald _Subdivision Map 1275 , Lots
31 to 35 inclusive . ,
The public hearing on this matter was held on January 24 , 1985 .
Subsequent to .deliberations , the board took the following action :
WHEREAS , the public hearing on the appeal application of GARY
DOROSKI , Appeal No . 3310 , . was held and concluded on January 24 , 1985 ,
at which time no one appeared either in behalf of, or against , this
application ;
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 contains an area of 37 ,703 sq . ft.
in area and consists . of Lots 31 through 35 of the 1939 Subdivision Map
of "Norwald , " and is more particularly identified as County Tax Map
District 1000 , Section 97 , _BLock 8 , Lot 27 ;
2 . The subject premises is located in the "A" Residential
and Agricultural Zoning District ;
3 . The subject premises is improved with one , one-family
dwelling , more particularly shown on survey dated December 18 , 1975 ,
and set back at its closest point from Monsell Lane at its southwest
corner 31 feet ;
4 . Article III , Section 100-32 restricts accessory buildings.
to the rearyard area;
5. Applicant is requesting permission to construct a 20 ' by
20 ' accessory building in the northerly sideyard area to be set back
not closer than 31 feet from the front ..property line along Monsell Lane
and to be positioned on an angle approximately 18 feet . from the
northwest corner of the house ; ..
6 . Article III , Section 100-30 (C ) limits uses for acces-
sory buildings allowing a garden house , toolhouse , storage , garage
use , etc . , and it .. is the understanding .of this board that the use
Southold Town Board of Appeals -17- February 14 , 1985 Regular Meeting
'{Appeal No . 3310 - GARY DOROSKI , continued: )'
of this accessory building will be clearly incidental or subordinate
to , and customary in connection with , the principal dwelling use
of this lot ;
7 . For the record , it is noted that under Appeal No . 2040
permission was granted to construct the existing residence with a
setback not closer than 30 feet to Monsell Lane , as rendered in
the board '.s decision of June 12 , 1975 .
In considering this appeal , the board has determined that :
1 . The relief as requested is not substantial in relation
to the requirements . of -the zoning ordinance since the parcel in
question is a waterfront parcel with limited buildable .,rearyard area ;
2 . The proposal will not create a substantial change in the
character of the zoning district since most of the parcels along the
east side of. Monsell Lane have similar depth as that: of the subject
parcel , thereby leaving limited rearyard area;
3 . The proposal as requested will be clearly incidental
or subordinate to , and customary in connection with , the residential
use of this premises ;
4 . There will be no effect on population density since the
subject building is for storage purposes ..and . not for sleeping or
habitable quarters ;
5 . That in view of the manner in which the difficulty arose ,
justice will be served by allowing the area variance applied , a.s
noted below.
NOW , THEREFORE , on Motion by Mr . Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , that an 20 ' by 20 ' accessory storage building
be permitted to be located in the sideyard area, as applied , SUBJECT
TO 'THE FOLLOWING 'CONDITIONS :
1 . That this structure be no closer than 31 feet to the
front property line (along Monsell Lane ) ;
2 . That this structure be located as requested with a
minimum distance of 15 feet from the ..existing house ;
3 . That this structure not exceed one-story height , (18 feet) ;
4 . That this structure only be incidental and customary in
connection with the residential use ..of this premises (no' business
storage or sleeping or habitable quarters to . be permitted ) .
Southold. Town.. Board _of Appeals -18- February 14 , 1985 Regular Meeting
(Appeal No . 3310 - GARY DOROSKI continued: )
Location of Property : 425 Monsell Lane , Cutchogue , NY ;
Norwald Subdivision -Lots 31 through 35 , incl . ; District 1000 , Section
97 , Block 8 , Lot 27 .
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 . 3312 :
Upon application for ESTATE OF LOUISE WILSON , c/o Wickham ,
Wickham and Bressler , P . C . , Main Road—, -Mattituck , . NY for a Variance
to the Zoning Ordinance , Article III , Section 100-31 and a Variance
to New York Town Law , Section 2.80-a for approval of -access over a
proposed right-of-way to be located on the north side of Main Road ,
Mattituck , NY ; premises identified as District 1000 , Section 122 ,
Block 6 , Lot _19.
Subsequent to deliberations , the board took the following
action : _
WHEREAS , the public hearing on the application for the
ESTATE OF LOUISE WILSON , Appeal No . 3312 , was . held and concluded on
February 14 , 1985 , during which time testimony wa-s 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 the "A-80"
Residential and Agricultural Zoning District , containing- a total
area of 1 . 622 acres , and identified on the Suffolk County Tax Map
as District 1000 , Section 122 , Bock 06 , Lot 19;
2 . Article III , Section 100-31 , and Bulk Schedule of the
Zoning Code , requires a minimum area of .._80 ,000 sq . ft. and minimum
lot width of 175 feet for each proposed parcel of land established
subsequent to . June 10 , 1983 (date effectuated ) ; and prior to -
June 10 , 1983 , .a minimum area of 40 ,_000 sq . ft . and minimum lot
width of 150 feet for each newly created parcel of land ;
3 . By this application , insufficient area and lot width
is requested , as follows : (a ) Parcel . #2 will contain 24 , 505 sq .
ft . in area and 100 feet in lot width _ (b ) Par.c.el #1 will contain
Southold Town Board of Appeals - 1 9- February 14 , 1985 Regular Meeting
(Appeal No . 3312 - LOUISE WILSON ESTATE, continued : )
46 , 137 sq . ft. in area and 100 feet in lot width ( inclusive of
right-of-way) ; approval of ..access pursuant to New York Town Law ,
Section . 2807a is also requested over a 16 ' -wide right-of-way extend-
ing from the north .:side of Main Road 250 feet in depth along the
east side of proposed Parcel #2 , for access to proposed Parcel #1 .
4 . Parcel #2 is improved with a one-family dwelling ;
Parcel #1 is vacant, as shown on survey mapped June ..15 , 1984 ;
5 . Abutting the subject premises to the west are premises
located in the " B-Light Business" Zoning Distrct , and to the north
and east of the subject premises, other premises in the "A" Resi -
dential and Agricultur.al . Zoning Districts .
6 . A copy of the November 19 , 1969 , Will of Louise Wilson ,
the owner of the entire premises in q.uestion , has :been .. submitted for
the record conveying the property as . separate parcels to Muriel
Wilson and Dorothy Saunders , . as shown on the subdivision map
prepared by Roderick VanTuyl , P . C . mapped June 15 , 1984 , parcels
#1 and #2 , . respectively ; and the owner. '.s date of death effectuating
same was February 23 , . 1.983 .
In considering this appeal , the board determines : (1 ) the
relief requested is not substantial in relation to the zoning .:require-
ments ..which existed February. 23 , 1983 , Parcel #2 being 39% of a
variance (51 % of a variance exclusive of right-of-way ) , (2 ) .there
will be no effect on population density . ther. eby not effecting avail -
able governmental facilities ; (3 ) there will be no substantial ..
change in the character of the neighborhood or a substantial detri -
ment to adjoining properties ; (4 ) 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 requested under Appeal No . 3312
in the Matter of the ESTATE OF . LOUISE .:WILSON for approval of insuffi -
cient area and width of parcels in . this proposed division of land . ...
(more particularly noted in the board' s findings , supra ) and for
approval of access pursuant to New York Town Law , Section 280-a ,
BE .AND HEREBY 'ARE APPROVED SUBJECT TO THE FOLLOWING :
1 . That there be no further lot area reductions for
either parcel ;
2 . That the right-of-way be improved as follows :
Southold Town Board of Appeals -20- February 14 , 1985 Regular Meeting
(Appeal No . 3312 - LOUISE WILSON ESTATE , continued : )
(a ) For a minimum width of 10 feet within the legal
16 ' right-of-way and extending up to Parcel #1 , be either blacktopped
or - surfaced -with four-inches of stone blend , and
(b ) Be continuously maintained in good condition at
all times .
Location of Property : N/s Main Road , Mattituck , NY ; County
Tax Map Parcel No . 10QO-122-06-19 .
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 . 3303 :
Upon application of 'FRANK A. 'FIELD REALTY , INC . , Box 631 , Green-
port , 'NY for Variances to the Zoning Ordinance , Artic e III , Sections
1. 00-31 and 100-30 (A) [1 ] for approval of the construction of a one-story
two-family house , at premises known . as Lots 26 and 28 of "Greenport
Driving Park" Subdivision , containing 11 ,262 sq . ft. in area and
100-foot .lot width . Applicant proposes to remove two existing. dwelling
structures located partly on Subdivision Lots 26 , 28 , 59 and 60 , and
to retain an existing one-family trailer and one-family , two-story
house on Lots 59 and 60 ; premi.ses identified as County Tax Map Parcels
No . 1000-48-03-20 , 19 , 8 and 9 .
Subsequent to deliberations , the board took the following action :
WHEREAS, the public hearings on. the application of FRANK A.
FIELD REALTY INC . , Appeal No . 3303 , were held on December 13 , 1984 ,
January 17 , 1985 , and January 24 , 1985 , at which time all testimony
was received in behalf of this application and against the application
and entered into the record for consideration ;
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 the "A"
Residential and Agricultural Zoning District , containing a total
area of 22 , 526± sq . ft . and lot width (s ) of 100 feet ;
2 . The subject premises is known and referred to as
Lots 59 , 60 , 28 and 26 as shown on the 1909 Subdivision Map of
"Greenport Driving Park" and is more particularly identified as
District 1000 , Section 48 , Block 3 , Lots 8 , 9 , 1. 9 and 20 ;
3 . The parcel in question is improved as follows : (a )
the section known as "Lot 60" contains a temporary [one-family]
Southold Town Board of Appeals -21 - February 14, 1985 Regular Meeting
(Appeal No . 3303 - FRANK A . FIELD REALTY INC . , continued : )
trailer , (b ) the ,section known as "Lot 59" contains a one-family ,
two- story frame house , an uninhabitable one-story frame house and
part of another uninhabitable one-story frame house which is also
located partly on "Lot 28" _ (c ) " Lot 26" is vacant: except fora
small 7 ' by 9' storage shed located approximately three feet from
the northerly and westerly property lines (d ) "Lot 28" is vacant
except as noted in (b ) , supra .
4. By this application , applicant is requesting permis-
sion to construct a two-family residence to be located 35 feet
from the front property line ..(along Brown Street ) , 154± feet
from the northerly property line [along Linnett Street] , 14 feet .
from the easterly side property line , and 22 feet from ,the
westerly side property line ;
5 . The applicant-owner proposes to remove the two
uninhabitable structures in lieu ,of the proposed two-family
structure , and reference is made to the Map prepared by Roderick
VanTuyl , P . C . October 19 , 1984;
6 . For the record it is noted that on January 22 , 1985 ,
the Southold ,Town Board granted the applicant-owner a 6-month
extension for the existing temporary trailer on the premises in
question .
In considering this appeal , the board determines : (1 ) the
granting of this two-family use for a total of three dwelling units
on the entire premises [Lots 26 , 28 , 59 and 60] is not substantial
since it is not an increase of the number of dwelling units which
existed previously on this site ; (2 ) there will be no substantial
change in the character of the neighborhood which might be
detrimental to adjoining properties since , although the number
of dwelling units will not be changed , the buildings which are
delapidated and eye sores to the community will. be removed; (3 )
there will be no effect on population density which would adversely
affect available governmental facilities since .the density of
dwelling units remains virtually unchanged; (4 ) that the relief
requested cannot be obviated by . another ,method feasible to appel -
lant other than a variance since the two existing dwelling units .
to be removed exist in nonconforming locations ; _ (5 ) that in view
of the manner in which the difficulty .-arose , justice will be
served by allowing the variance , as conditionally noted below.
NOW, THEREFORE , on motion by Mr . Douglass , seconded by
Mr . Grigonis , it was
RESOLVED, that the relief requested under Appeal No . 3303 ,
concerning property now or formerly of 'FRANK A. 'FIELD . REALTY INC.
BE 'GRANTED TO 'PERMIT ONE 'NEW.'TWO=FAMILY.:RESIDENCE 'AND ONE ;ONE=FAMILY
EXISTING 'RESIDENCE , - FOR . A TQTAL . OF . THREE DWELLING . UN.ITS ON THE .
ENTIRE PREMISES ; 'SUBJECT 'TO 'THE 'FALLOWING COND.ITIONS : -
Southold Town Board of Appeals -22-February 14 , 1985 Regular Meeting
(Appeal No . 3303 - FRANK A . FIELD REALTY INC . , continued: )
1 . That the entire premises , consisting of Lots 28 , 26 ,
59 and 60 of the 1909 Subdivision of "Greenport Driving Park , "
not exceed a total of three one-family dwelling units (which may
be one two-family and one one-family structures ; or three separate
one-family structures ) ;
2 . That there be no division or set-off of land (unless
subsequent approvals are made by this board and other appropriate
agencies after formal applications accordingly ) , and these
premises shall be deemed to be one lot in its entirety .
Location of Property : East Side of Brown Street and West Side
of Linnett Street , Greenport , NY; Subdivision Lots 26 , 28 , 59 and 60 of
"Greenport Driving Park" ; Suffolk County Tax Map No . 1000-48-3-
8 , 9, 19 and 20 ; containing 25 ,526± sq . ft . , more or less .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
- - - - - - - - - - - - - - - - - - - - - - - - - - -
SET=UPS FOR 'HEARINGS FOR MARCH 7 ,1985 : After reviewing each
file , the boar-d:.took the following action : ., ..
On motion by Mr . Sawicki , seconded by Mr . Douglass , it was
RESOLVED , that the Secretary is hereby authorized and directed
to advertise notice . of. the . following matters .for public hearings to
be held on THURSDAY ,MARCH 7 ; 1985 in the local and official news-
papers of the town pursuant. to law :
7 : 30 .p .m. Appeal No . ' 3325 = D.OUGLAS 'A. COOPER;
7 : 35 p .m. Appeal No . 3322 'JOSEPH-'LIZEWSKI ;
7 : 40 .p .m. Appeal No . 3321 ALICE 'D , -'CURRIE;
- - - - - - - - - - - - - - - -
7 : 45 p .m. Appeal No. 3319 = ANDREAS - PALI.OURAS;
7 : 50 .p .m. . Appeal No . 3318 - 'MEEHAN AND- LEONARDI ;
7 : 55 p :m. Appeal No . 3306 = ROBERT-'AND ALDONE NORKUS;
8 : 05 p .m. Appeal No ; 3205 = JOHN 'AND TRANCES 'DIIIELLO.
Vote of the Board : —Ayes : Messrs . - Goehringer ; - Grigonis ;
Doyen , Douglass and Sawicki . This resolution was adopted by -
unanimous vote of all the members .
Southold Town Board of Appeals -23- February 14 , 1985 Regular Meeting
REVIEW: Appeal No . 3320 - BAYVIEW 'DEVELOPMENT CORP . (SAGE) .
After reviewing the - letters and information . received February 6th
concerning the board.' s. request of January loth , the Secretary was
directed to send correspondence to . Mr . Forchelli requesting that
the areas of fresh and salt water wetlands of Section One be
sketched , perhaps on the _,maps presently in our file , in red ink ,
which would not _ be highly':'costly The board was particularly
concerned about the large area_ of . mar.sh1and °and.1and under water
within Section One . It was also requested that an application be
made by the applicants to the . N . Y . S . Department of Environmental
Conservation for the subdivision - pursuant to Section 661 . 5 ( B ) [57]
of the Tidal Wetlands Land Use Regulations , 6 NYCRR, Part 661 ,
and Article _ 25 of the Environmental Conservation Law , and that
any actions or correspondence regarding the same be furnished
for our files . It was brought to the board ' s. attention that the
Planning Board will be reviewing this project at their March 4th
meeting , and the secretary was asked to obtain a copy of that
action in the interim.
REVIEWS : The board members reviewed each of the following
files and made notations , as follows :
Appeal No . 3326 - 'WILLIAM AND HELEN COSTER - Subject to
receiving Planning Board comments prior
to advertising for the March 28th Regular
Meeting .(advertising deadline 3/19) ;
Appeal No . 3327 = EMILIA T. PIKE - Subject to receiving
Planning Board comments prior to ZBA
advertising for the March 28th Meeting
(advertising deadline 3/19) ;
Appeal No . '3323 COLGATE. DESIGN- CORP . Await response from
Pl_ann,ing _ Board_ a$-'Jo— .. our -1J16J85 memo ..
concerning prior site-plan_ re.quirements
for access .at the east - side of this building
before advertisi.ng for the March .28th
meeting .
Appeal No . 3333 � 'HELYNN D. KAPP - Scheduled for the Regular
Meeting subsequent to March 7th, which is
expected :to be March 28th ,, File is complete .
Appeal No . 3328 = 'BRIDEN MACHINE 'CORP . - Await Planning Board
Appeal No . 3329 revieare—expectedand comments -which areexpected at
their March 18th meeti.ng; if ,received, may
advertise for March 28th public hearings .
Southold Town. Board of Appeals -24- February 14, 1985 Regular Meeting
(REVIEWS, continued : )
Appeal No . 3331 - 'SAUL MILLMAN - File is complete . May be
and' 3332 sc e u. e_ for public hearing for the next
avai.la.ble date , ' poss:ibly.,March :28th.
ACCESSORY','APA.RTMENTS The board members discussed the
proposed Local Law on Accessory Apartments which was submitted to
our office yesterday . The Chairman asked the board members to
submit . their comments by Monday , February 18th so that a draft may
be prepared and : in�..final form a's.,reques:ted_ by Vic Lessard and
Frank Murphy for the Town _ Board' s. February 26th meeting . Vic
was : aassured that our'.:recomtmendaturonsriwool d be submitted as early
as possible , and that since there has been a tremendous amount of
inpdt.. and _ feedback during reviews by the Zoning Committee , research
must be done to determine the amount of conversions being permitted . ,
:It was also mentioned that in checking with the Assessors Office ,
it appears there are 9 ,000± houses existing since 1976 , which is
90% of the presently existing houses . It was suggested that the
cut-off date be 1957 , the time when " Pre-Certificates of Occupancy"
predicated.
'APPROVAL 'OF 'MINUTES : On motion by Mr . Grigonis , seconded
by Mr . Goehringer , it was
RESOLVED , to approve . the . Minutes of the last Regular Meeting
of the board, to wit : January 24 ; 1985 as submitted . „
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by,
unanimous vote of all the members . _
APPROVAL 'OF MINUTES: On motion by Mr . Grigonis , seconded by
Mr . Douglass , it was -
RESOLVED , - to - approve - the Minutes of the Special Meeting of
this board hel d 'Jahua'ry 26 , 1'985 as submitted .
Vote of the Board : -Ayes : - Messrs. Goehringer, Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .- - - - - - - - - - - - - -
_
ENVIRONMENTAL DECLARATIONS : Pursuant to Part 617 of the
implementing . regulations pertaining to Article 8 of the N . Y . S .
Southold Town Board of Appeals -25 February 14 , 1985 Regular Meeting
Environmental Quality Review Act (SEQRA) of the Environmental Conser-
vation Law, and Chapter 44-4 of the Code of the Town of Southold ,
and after reviewing each of the following matters , the board declared
Negative Declarations , as follows : _
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3325 . . _ - . . - - - . . -
PROJECT NAME: 'DOUGLAS 'A : COOPER ---
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 [>C] Unlisted [ ]
DESCRIPTION OF ACTION: To. construct stable (pole barn ) o-n
a 2 . 4±-acre parcel for the keeping of horses (presently vacant land ) .
LOCATION OF PROJECT: Town of. Southold, County of. Suffolk, more
particularly known as: R-O-W off N/s BErgen Avenue , Mattituck .
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 barn as proposed is landward of existing principal
buildings .
.. (3 ) The property in question is at an elevation of 10 or more
feet above mean sea level .
Southold Town Board of Appeals -26- February 14 , 1985 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Si n:Lficance
APPEAL NO. : 3322 - - - . . - _ _ _ _ _
PROJECT NAME: JOSEPH LIZEWSKI
This notice is issued' pizrsuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: . [ _] Type II [XI Unlisted [ ]
DESCRIPTION OF ACTION: Speci.a-1 Exception to establish
private racquetball club at premises zoned B-Light Business .
LOCATION OF PROJECT: Town of Southold, County- of, Suffolk, more
particularly known as: Main Road and .De_pot Lane , Cutc4ogue .
, 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) Th.e premises in question i.s not located near .ti.dal wetlands
or in an _envi•r.onmental l'y sensitive area .
(3 ) The structure -. for the proposed use is existing .
Southold Town Board of Appeals -27- February 14 , 1985 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3321 . . _ . . _ _ _ _ . _
PROJECT NAME:' 'ACTCE D. CURRIE ---
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. 1
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may 41so have an application pending for the same or similar.
project.
TYPE OF ACTION: . [XI Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: To re.-def .ne --- and change lot lines of
thre parcels containing insufficient area , depth .and. Width ,
(Prior 1957 Variance for a division of land ' is i:n effect . )
LOCATION OF PROJECT: Town of. Southold-, County_ of. Suffolk, more
particularly known as: ' NJs Soundview .Avenue , Southold.
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 project is not .directly related to new .construc-tion ;
(3l A prior Variance fora di.visi.on: of _land has been in effect
since 1957 , _ and applicants •" have requested a .re-definition of these
lot lines .
6
Southold Town Board of Appeals -28- February 14 , 1985 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3319 . .
PROJECT NAME: ANDREAS. PALIOURAS
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 Px] Unlisted [ ]
DESCRIPTION OF ACTION: To reinstate and restore, (second) dwelling
structure to its original condi..tion as a .one-family residence .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as:
32570 .C-: R. 48, f'econic . .- .
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 project 'is for restoration of an existing building and
reinstatement of use , not ., directly related- to new construction .
r
Southold Town Board of Appeals -29- February 14 , 1985 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3318
PROJECT NAME: ' MEEHAN 'AND 'LEON.ARDI ---
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: Re.-di:Vi.si.on of two lots conta-i nIng
insufficient area , width and depth . Reydon _Dri.ve, Southold.-
LOCATION OF PROJECT: Town- of- Southold, County of. Suffolk, more
particularly known as: Reydon Drive , Southold. .
REASONS) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-.
mented as planned; `
(2) This project i.s not directly related to new .constructioni
subdivision .of .Reydon Shores wa.s established pri..or .to zoning'.
(3 ) Premises is landward of existing structures and 50-foot
traveled '.roads .
Southold Town Board of Appeals -30 February 14 , 1985 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3306 - - - - - - - - - - - - - - . -
PROJECT NAME: ROBERT 'AND 'ALDONE 'NORKUS ---
This notice is issued pursuant to Part 61.7 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 �Jf 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: Four proposed parcels having insuffi -
cient lot width . _
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Orchard .Lane, 'off _Cedar Beach Road, S_outhol d .
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) Th.is project is not directly related - to new .constru.ction ;
( 3) Relief .as to the bulk zoning area requirements was granted
on March 13 , ..1984 by the Southold. Town. Board;
(4 ) A permit under Article 25 of the Environmental Conservation
Law has been issued by th.e N . Y. S . Dept. of Environmental Conservation
for the division of land as Proposed under Permit No . 1.0-84-0958 .
y
Southold Town Board of Appeals -31 - ' February 14 , 1985 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3205
PROJECT NAME: JOHN C . AND FRANCES DiVELLO
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 : (a) approval of --
access off "Meday Avenue " and (b ) approval of insufficient area
and depth of,.parceTs pr.oposed..
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: E/s Westphalia Roa.d , Mattituck .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This project is not directly re.lated to new construction;
(3) More than 90% of the premises is at an elevation above
10 ' above mean sea level .
(4 ) Authorization has been granted by the ' N: Y . S . Department
of Environjln;ental Conservation for - this division of -land .(5 ) Kew dwellings , if authorized by all agency approvals ,
would be landward of existing dwellings . .
E
r
n
Southo.ld. Town Board of. Appeals -32- February 14 , 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 .
CORRESPONDENCE : Appeal No . 2760 - RICHARD ANDERSON . Peter
Stoutenburg , Environment;..East , Inc . , as agent for Mr . Anderson
has asked whether the ZBA .would authorize the building inspector
to issue a building permit subject to final improvements of the
w:i;thi.n right-of-way and prior to framing inspection , cesspool
and well installations . Right-of-way off Wunneweta Road ,
Nassau Point , Cutchogue . A _ road inspection and report was
recently made by John W. Davis , as requested by the ZBA ,
indicating that the right-of-way is not acceptable "as is "
and needs to be graded . and more . material added to meet the
f.uTl width of the right-of-way . It was . Mr . Davis ' recommenda-
tion that the applicant be given permission to start the
foundation and that the building permit be released since
construction equipment , transit .mix trucks , . etc . can damage
improvements to be done . The board was in agreement with
Mr . Davis , and the following action was taken :
On motion by Mr. GOehringer , seconded by Mr . Douglass ,
it was
RESOLVED , that a building permit which meets all the
requirements of applicable laws . and codes may be issued by
the building inspector for the construction of a foundation
in the Matter of the Property of RICHARD ANDERSON , under
Appeal No . .2760 , provided that the road improvements required
under this board ' s variance be done prior to a .framing
inspection to assure compliance .
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 was adjourned at 11 :40 p .m .
YRes ectfully submitted ,
i a� owa'Is <i
I Secretary , Board of Appeals
Gerard P. oe _ inger ,; Chairman
�` 3/7j85
AIND
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