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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
SPECIAL MEETING
JANUARY 26 1985
A Special Meeting of the Southold Town Board of Appeals was
held on 'Saturday , "'January '26 , 1985 at 11 : 00 o ' clock a .m. at the
Southold Town .Hall_, Main Road.,. Southol_d , _New York .
Present were : Gerard P . Goehringer , Chairman ; Charles
Grigonis , Jr . , Member and Robert J . Douglass , Member , constituting
a quorum. Absent were : Serge Doyen , Jr. , (of Fishers Island)
and Joseph H . Sawicki (out-of-sta.te) . Also present was Victor
Lessard , Administrator ( Building Departm_ent )..
The Chairman called the meeting to order at 11 :00 a .m.
RESERVED DECISION : Appeal No. 3234 :
Application of ARTHUR -R. 'TRUCKENBRODT, ET- AL . , Private Road
Orient , NY for a reversa of the interpretation - of the building
inspector concerning a Certificate of Occupancy No. Z11736 issued
June 21 , 1983 to E. Loucopoulos and H . Damianos for a one-family
dwelling and four accessory .cottage structures at Private Road_
No ... 7 (a/k/a Diedericks Road ) , -Orient; County Tax Map Parcel No .
1000-18-03-005 [Current Owners : D. I . .Abbott and J .T. Swanson] .
The board made the following findings and determination :
This is an appeal for an interpretation of the provisions of the
Zoning Code pursuant _to the provisions of Section 100-121 (D) [1 ] of the
Zoning Code , with respect to certain determinations of .the Building
Inspector .
The Appellants , Arthur R. Truckenbrodt , et al . , are the several
owners of properties adjacent to or in the vicinity of property owned
Southold Town Board of Appeals -2- January 26 , 1985 Special Meeting
(Appeal No. 3234 - A. TRUCKENBRODT, ET AL . , continued : )
by Dorothy Abbott and Janet T. Swanson . The subject property contains
12Z acres of land adjacent to Long Island Sound at Orient and is shown
on the Suffolk County Tax Map as District 1000 , Section 018 , Block 03 ,
Lot 005 . The subject property is located in the "A" Residential and
Agricultural Zoning District .
As stated in their appeal , the Appellants seek interpretations of
various provisions of the Code as they relate to certain actions of the
Building Inspector , to wit:
1 . The issuance of Building Permit No . 12828Z dated November 15 ,
1983 , for the erect..ion of a fence _alleged to have been issued
contrary to the provisions of Secti_on _100- 119 . 1 of the Zoning
Code .
2 . That the owners of the subject property are operating a
tourist camp/cottage colony without a .permit , in violation
of Article X of .th_e' Zoning Code .
3 . That the owners of .the subject property are violating Section
100-23 (A) of .the Zoning. Code by_ ut.ilizing buildings which are
being restored , altered, -or rebu.ilt., without .a permit , in
violation of 8ection, 100-141 of ,the Zoning Code...
4 . The issuance of ,a Certificate of Occupancy dated June 21 ,
1983 (Z11736 ) ,_ alleged to have been issued in violation of
Section... 100-118 (.D.) _of .the Zoning Code .
The Board conducted hearings on June 21 , 1984 , July 26 , 1984 ,
and August 23 , '1984 , at which time extensive o.ral '.and written evi -
dence was received and numerous witnesses testified on behalf of the
Appellants and the present owners of the subject property . The
Hearing was concluded on December 1.3 , 1984 .
The four issues upon which interpretations are sought will be
considered in the order set forth above .
1 . The Appellants assert that the Building Inspector issued
Permit No. 12828Z. _to erect a fence on the subject property within
one foot of. the boundary line of the property. in v.iol_ation of Sec-
tion_ 100-119. 1 of the Zoning Code . The first paragraph of this
secti_on prp.vi_des as follows :
"Subject to the provisions of Section 100-119 , fences , walls ,
hedges .or other live plantings within five .(5 ) feet of the
d t property lines may be _erecte and maintained , subject. to the
following height limitations : "
Southold Town Board of Appeals -3- January 26 , 1985 Special Meeting
(Appeal No. 3234 - 'A : 'TRUCKENBRODT, 'ET AL . , continued: )
The Appellant contends that this provision prohibits a fence within
one foot_ of the property line unless a variance is obtained . The
Board interprets, this provision to mean that fences may be erected
along property lines as a matter of right , provided that they are
located within five feet of such Line . No _evidence was presented
by Appellants on this question , and thus the Board must conclude that
they have abandoned this issue . Therefore , 'the permit issued by the
Building Inspector must be deemed - valid , and the-. interpretation urged
by Appellants is rejected.
2 . The second request is for an interpretation of the Town Code
to the effect that the. owriers 'of .the subject premises .are operating
a "tourist camp/camp cottage" on the premises- without a permit in
violation of Article X of the Zo.ni'ng- .Code .
Section 100-100 .of Article X of the' Zoning Code provides as
follows :
"Section "100-100 .. Permits Required .
No tourist camp shall be established , maintained or operated in
any district , -'nor sh_a.11 any tent , tent house , camp cottage ,
house car or trailer _to be used _or occupied as a place for liv-
ing , sleeping or eating , whether charge is or is not made , be
erected or placed therein , unless authorized by the Town Board
pursuant to the provisions of the Trailer Camp Ordinance , dated
June 30 , 1953 . "
Section 100-13 of the Zoning Code defines a "Tourist Camp" as
follows :
"TOURIST CAMP - Any. lot piece or parcel of ground where two (2 )
or More - tents , tent houses , camp c_ottages ,__ house cars or house
trailers used as living or sleeping quarters are or may be
located , said camp being operated for or without compensation . "
Section 100-13 of the Zoning Code defines a "Tourist Cottage" as
follows :
"TOURIST COTTAGE - A detached building having less than three
.hundred fifty (350 ) square feet of .cross-sectional area ,
designed for_ or occupied as. livin.g and sleeping quarters for
seasonal occupancy. "
The testimony of one of the present owners was that she measured each
of the four cottages on the premises and that two of the cottages each
have a cross-sectional area of more than 500 sq . ft . , and the other
two cottages each have an area in excess of 600 sq . ft . No evidence
Southold Town Board of Appeals -4- January 26 , 1985 Special Meeting
(Appeal No, 32.34 'V TRUCK ENBRO.DT;. 'ET 'AL . , continued : )
as to the size of .the cottages was A ntro.duced by App:e.11ants .
It is apparent , that, since the four cottages each exceed' 350
sq . ft . in cross-secti.on.al area, they are not "tourist cottages"
under the defi.ni_tions in the Zoning _Code . The-Board, accordingly ,
finds that no permit is required under Section„ 100-.100 .of .the Zoning
Code , and the interpretation urged by the Appel_lant_s is rejected and
the appeal on this issued is dismissed.
3. In their third appeal for an. interpretation , Appellants
assert that the buildings_ ".are being restored , altered or rebuilt"
without first obtaining a buildi'ng _per.mit pursuant to Section 1.00-141
o.f the Zoning Code .
Section 100-.141 of .the Zoning, Code provides in part that :
"No building in any district shall be erected, reconstructed ,
restored or structuraTly. -altered without a building permit
duly issued upon ap,p.l:ic:a.tion to 'the Building-Inspector . "
Section 100-.13 of .the Zo.ni'ng. Code de.fi.nes the terms "Alteration"
and "Structural Alteration" as .foal.ows.:
"ALTERATION - As applied to a .bu.ilding or structure , a change or
rearrangement in the stru.c'tu.ral parts or in the exit facilities ,
or an enlargement , whether extending on a side or by increasing
in height , 'or the_ moving from one, location or position to another . "
"STRUCTURAL ALTER:AT.ION - Any change in the supporting members of
a building_, such as beams , 'columns , .'girders , footings , foundations
o.r bearing_ wa11s
No claim is asserted that b.u;il.dings were being "erected , " but Appellants
allege that buildings were being _"restored , altered or rebuilt . " How-
ever , no evidence was presented.- to - this, Board_ with respect' to- _the
restoration , alteration or re.b.u,il.d.ing of -.the buildings__ and , therefore ,
the appeal with respect to the requirement of a .building permit is
dismissed .
4 . The fourth claim of .Appe.11ants , and upon which both they and
the owners of_..the premises _foc-use__d_ most- of .their attention , is the
assertion that a Certificate of. Occupancy__ was erroneously issued by
the Building Inspector on. June 21 ,, 1983 .:
It is the Appellants ' position that the use of the subject premises
was a nonconforming :use; that such use was discontinued for a period
of two years , and that pursuant to Section. 10071180 ) of ,_the Zoning
Code , the nonconforming use can no longer be permitted -unless a variance
therefore is granted by this Board._.
Southold. Town. Board of Appeals -5- January 26 , 1985 Special Meeting
(Appeal No . 3234 - A . TRUCKENBRODT; ET AL . , continued: )
Section 100-13 of the Zoning Code defines a nonconforming use as
follows :
"NONCONFORMING USE - Any use , whether or a building or tract of
land , or both , existing_ on the effective date .of this chapter ,
which does not conform to the use regulations of the district
in which it is 'located. "
Section 100-118 of the Zoning Code deals with nonconforming uses
and provides as follows:
"Section 100-118 . Nonconforming. Uses .
Unless otherwise authorized as a special exception by the Board
of Appeals , as hereinafter provided , the following provisions
shall apply to nonconforming uses
A. The lawful use .of a building or premises existing on the
effective date of this .chap_ter o_r authorized by a building
permit issued prior thereto may be continued a.lthough. such
use may be extended throughout the building lawfully acquired
to said date .
B . A nonconforming use of a building or premises may be changed
to a use of the same or higher classification according to
the provisions of this chapter . ..
C. Whenever a district shall hereafter be changed , any then
existing nonconforming _use of a building or premises in such
changed district may .be continued or changed- to a use of a
similar or higher classification , provided that all other
regulations governing the use are complied with.
D .' Whenever a nonconforming use of .a building or premises has
been discontinued for a period of more than two (2 ) years or
has been changed to a higher classification or to a conform-
ing use , anything in this section to the contrary notwith-
standir1g , the nonconforming use of such building_, or premises
shall no longer be permitted unless a variance therefor shall
..have been_ granted by the Board of Appeals , as hereinafter
provided .
E. A nonconforming building may not be reconstructed or struc-
turally altered during its life to an extent exceeding in
aggre.gate__ cost fifty percent _(50%) of .the fair value of the
building , unless th_e use of .such - bu.i_lding _is changed to a
conforming .use .
F . A nonconforming building which has been damaged by fire or
Southold Town Board of Appeals -6- January 26 , 1985 Special Meeting
(Appeal No . 3234 = A . 'TRUCKENBRO_DT; ',ET. 'AL con.tinue'd.- )
other causes to the extent of more than fifty percent ( 50%)
of its fair value shall not _be repaired or_re.bu.ilt unless
the use of .such bu.ildi:ng is changed to a conforming use .
It is this. Board ' s. view that in order for Appellant to prevail in its
position , there must be proof that (J_) the_ uses conducted on the -
premises are nonconforming uses , and (2 ). that such use was discon-
tinued for more than two _yearse
Viewing this case from a different aspect , if .the.re is no proof of
a discontinuance of the .prese.nt uses for. two:_years,, the Appellants
cannot prevail , regardless of .wh.ethe.r.-, the: uses are. determi ne_d to be
conforming or._ nonconform :ng .
Gn the question of the discontinuance of .use , the evidence presented
by Appellants consisted of ,or,a]. te.sti.mony, affidavits and wr.i.tten
statements of .the Appellants. that .on. va.ri_ous__o__ccasions they viewed
the premises and observed no indi.c.a.ti.ons. that the 'cottages - were
occupied . They also presented .e.vi.dence of ,the disco.n.tinuance of .
electric and gas _servi.ces to the -pre.mi.ses ,. The owners of .the
premises produced evidence from .a.11 of. ,th_e pr.evi..ous owners of
the premises from 1,956 to. 1983;. .a17 of whom stated that the premises
and cottages thereon had been con.tinuou.s'ly. used and occupied .during
their ownership of the property .- ' Dr .. Da- ianos ; the owner_ of _the
property from .1973 to. 1.984.".. tes.ti.fied that the cottages on _the
property .were used con_ti.nuous'ly :d.u.r.i'.ng his ownership, as recrea-
tional facilities for his nur:s.ing' home and. .vineyard _em,ployees to
spend vacations and weekends at. .the cottages during the summer
months . He also testified that :du.r'i.ng some of .the,-period of .his
ownership , the electric and gas fa.c.iliti:es. were. .discon.tinue_d and
that the occupants of ,the cabin's br.ough't, .in drinking water in jerry
cans ; used sea water to fl,ush. :the. -tol.I e.ts , co.leman. l anterns for
illumination and charco.al___g.ri.,l l s for coo.ki'ng purposes .
From a review of all of the e.vi.d.ence. An the record, and visits to
the premises on three occasions.*'by. B.oard members , -_the . Board finds
that there was no discontinuance of. the. 'exis.ting uses of the
premises for a period of more than. two' .years during all of the
.period from 1956 to and.- including the date of ,the acq_uisi_tion of
the premises..- by the present_ owners .
By reason of the above findings , it is not necessary for the Board
to make a determination as to whether the use of .the cottages : on
the premises from 1956 to 1984 was a nonconforming use . However ,
it is the- position-_ of the. -..Board that the "use " of ,the .cottages
for single-family occupancy is not a nonconforming use in the
district in which located . The. Board 'agree.-s with- the interpreta-
tion of the Building Inspector that the nonconformity exists by ._
reason of the existence of five residential structures on the
premises , and not the "use" of .such bu.ildi_ngs for seasonal resi -
dential purposes .
Southold Town Board of Appeals -7- January 26 , 1985 Special Meeting
(Appeal No . 3234 - A . TRUCKENBRODT, ET AL . , continued : )
On motion by Mr . Grigonis , seconded by Mr . Douglass , by reason
of the foregoing , the interpretation. urged by Appellants on the issue
of nonconforming use is rejected and Certificate of Occupancy
No . Z11736 issued by the Building Inspector on June 21 , 1983 is
deemed valid; and the appeal with respect thereto is dismissed.
Vote of the Board : Ayes : Messrs . Goehringer , Gr. ;i�gonis and
Douglass . (Members Sawicki and Doyen were.. absent . ) This resolution
was duly adopted with a quorum of .the members present .
REQUEST -FOR INTERPRET.ATLON : It has been requested that the
Z . B .A . make an interpretation without formal application since it
is for the entire township and particularly-one parcel , as 'to the
term, "nonconforming building" ._as used_ in' Sections. 100-.118 (E) and (F)
of the Zoning Code . All_ of -the board members agreed that' this has
in the past been treated a_s not on�1y conduct which is proscribed by
applicable zoning restrictions but also a bu.ildi'ng or structure
would does not comply with the zdning reg.ula.tions and fias ' existed
as such since prior -to the enactment of zoning . 'Reference was made
to Section 6 .02 of .New York 'Zo.ning Law.. and Practice (Anderson ) , and
consultations with both the. Town Attorney and. Town Counsel Y.akaboski
were had . The board ' s:.consensus is that "noncon.forming ._buildung'.' . . .
as used,.. ih..Secti,ons .;100-.,11.8 (E & F) of. the Code shall inclu.de. 'not only.
" uses" which may not conform under current zonirig reg.ulations 'but 'al_so
"a building or . structure' (s ) '.' .which - offend the zoning regulations - and "
which have existed as 'such since prior 'to the enactment of ;zo'ning_.
This would inclu_de .a building with insufficient frontyard setbacks ,
sideyards , residential u,se in a business or industrial district,
etc ._ as applies under the current zoning ordinance . ,-: The Chairman
was authorized to send a memorandum to Mr . Lessard_ subject to
Town Counsel Yakaboski ' s. advice accor.din,gly__ as to the..-.composition
of same .
PENDING DECISION : Appeal No . 3308 :
Application of LAUREN KRUG; 200 Horton Road , Cutchogue , NY for a
Variance ,..to the Zoning Or inance , Article III , Section 100-31 for
permission to attach accessory garage to dwelling for expansion of
living area , thereby leaving an insufficient _-rearyard setback , at
200 Horton Road , Cutchogue , NY ; County Tax Map Parcel No . 1000-104-
1 -12 .
The public hearing on this matter was held on January 24 , 1985 ,
at which time the hearing was;.concluded pending . deliberations .
Southold. Town. Board of Appeals -8- January 26 , 1985 Special Meeting
(Appeal No . 3308 - LAUREN KRUG , continued : )
WHEREAS , a public hearing was held on January 24 , 1985 , in the
Matter of Appeal .No . 3308 for LAUREN KRUG; and
WHEREAS , at said hearing , no one appeared in opposition thereto ;
and
WHEREAS , prior to said hearing , the board members personally
viewed the premises in question ; and
WHEREAS , the board made the following findings of fact and
determination :
1 . The property in question is located in the "A" Residential
and Agricultural _7oning District . _
2 . The property in question is improved with a one-family dwell -
ing , set back_:45± feet from the front (easterly) property line , and
an . accessory garage, structure , having a setback from-the-westerly
(rearyard ) property line at 13± feet ,- and as more, particularly shown
on survey dated August 22 , 1973 submitted with the subject application .
3 . The lot is rectangular in shape , having frontage of 75 feet
along Horton Road and a depth of 100 feet .
4 . Article III , Section 100=31 of the Zoning Code requires a
principal structure to have a minimum rearyard setback of 35 feet.
5 . It is the applicant ' s. request for a variance from 35 feet
to the existing establ_i.shed setback of 13± feet , after-._attaching
the present garage structure to the dwe.l.ling and converting same for an
expansion of. -present living area as part.-of.--the principal structure , (not
for separate living quarters ) .
In considering this appeal , the board has found that the
setbacks have been established.--for the subject existing structures
and it has determined acc-ording;ly. that : (.1 ) the relief requested
is not substantial in relation. to. the requirement ; (2 ) there
will be no effect on population density thereby no effect will
be produced on available governmental facilities ; (3) there is
no substantial change in the character-of the neighborhood or
a substantial detriment to adjoining properties , (4 ) and that
in view of th-e manner in which the di.ffi.c-ulty arose , and the
shallowness of the lot, 'justice will be served 'by allowing the
variance , 'as indicated - below.
NOW , THEREFORE, on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED, that - the - relief requested under Appeal No . 3308
in the Matter of :LAUREN 'KRUG for p.er.mis.sion to attach accessory
- garage to principal :dwellin:g with..__an insufficient rearyard setback
Southold Town Board of Appeals -9- January 26 , 1985 Special Meeting
(Appeal No . 330.8 = LAUR.EN KRUG , continued.: )
at 13 feet , as exists , . BE . AND . HEREBY IS AP.PROVED ; "W.I.TH. '.TH.E: '.C.OND.ITI.0N
THAT THERE .'BE 'NO 'FU.RTHER YARD 'S.ETBA_CK-RE.D.U,CT.ION:S.
Location of .Property : 200 Horton Road , 'Cutcho.gue , 'NY ; County
Tax Map Parcel No ._ 1000-102-1-12 .
Vote of the Board : Ayes : Messrs . Go'ehri.nger. , Grigonis and .
Douglass . (.Members Doyen and Sawicki: 'we.re, absent ..): _This re.soTu-
tion -was adopted with A. unanimous vote of .a 'quo.rum. of-.the members_
present . _
PENDING DECISION : Appeal No . 3313 :
Upon ap-plication of SERGE J . 'DOYEN , Box 263 , Fishers Island , NY for
a Variance to_ .the Zoning Or i._nance. , Article III , _Section 100-31 , Bulk _
Schedule , for approval o.f insufficient area and width of two parcels. in
a proposed set-off division. of -land located at the South Side of Fox
Avenue , Fishers Island , NY; County Tax Map Parcel ID No . 1000-006-006-
001 ; containing a . total area of 3± acres . . . ___
The public hearing on this matter was held on January 24 , 1985 .
WHEREAS , a public hearing was held in the Matter of Appeal No .
3313 of SERGE DOYEN .on January_ 24 , 1985 ; and
WHEREAS , at said hearing , no one appeared in opposition thereto ;
and
WHEREAS , two letters in opposition to this proposal have been
received and considered by the._.board in making this determination ; and
WHEREAS , each of the board members have viewed and are familiar
with premises in question and its surrounding area ; and
WHEREAS , the board made the following findings of fact and deter-
mination :
1 . The property in question is located in the "A" Residential
and Agricultural -Zoning District ;
2 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code
requires a minimum of 80 ,000 sq.. ft. for each proposed parcel of land
established subsequent to June 10.,. 1983 (date effectuated ) .
3 . The property in question contains a total area of 3 acres ;
proposed Lot #1 to contain an area of 1 . 61 ± acres and Lot #2 to
contain an area of 1 . 33± acres .
Southold Town Board of Appeals -10- January 26 , 1985 Special Meeting
(Appeal No. 3313 - SERGE J . DOYEN , continued) '
4 . Lot #1 has frontage of 451 feet along Fox Avenue ; Lot #2
has an average lot width of 253± feet , and .,a width at the building
setback line of 222 feet : _
5 . Lot #1 is vacant land ; Lot #2 is improved with a one-family
dwelli.ng . _
6 . Lot #1 is to be serviced by the municipal water district
and an on-site .-sewage disposal system subject to the requirements
and approvals of the Suffolk County Department of Health Services ;
Lot #2 -is presently serviced by each , respective_1_y.
7 . It is applicant ' s request for a variance to allow relief
for Lot #1 of approximately 12% of .the requirements , (9 ,868± sq . --ft . )
and for Lot #2 of approximately 27% of the requirements , (22 ,065±
sq . ft . ) . _
8 . For the record it is noted that a prior appeal application
for an accessory building was made under Appeal No_,_ 3187 ,_ which was
conditionally gr.anted, by this board. November 30 , 1983 ,
9. It is further noted for the record that on December 17 , 1984 ,
this project received approval for a set-off division of land by the
Southold Town Planning Bo.ard. _
10 . Applicant has indicated his intent to properly locate
the new dwelling on Lot #1 when planned and to consult w.it-h the
neighboring property owner-(s ) for , their wishes or suggestions .
In , considering this appeal , the board has found that this
proposal is consistent which those parcels existing in the surround-
ing area and it has determined accordingly that : (-l ) the relief
requested is not substantial in relation to the zoning requirements
(being 27 . 5% and less ); (2 ) there will be no effection population
density thereby not effecting available governmental facilities ;
(3 ) there is no substantial change.. in...the. character of the neighbor-
hood or a substantial detriment to adjoining properties ; (4 ) and
that in view of the manner in which the difficulty arose , justice
will be served by allowing the variance app-lied.
NOW , THEREFORE , on motion by Mr. Grigonis , seconded by Mr .
Goehringer , it was
RESOLVED , to grant . the relief requested under Appeal No . 3313
of SERGE 'DOYEN as applied . _
Location of Property: South Side of Fox Avenue , Fishers Island ,
Southold Town Board of Appeals -11 - January 26 , 1985 Special Meeting
(Appeal No . 3313 - Serge Doyen , continued ) :
NY ; County Tax Map Parcel. No. 1000-6-6-1 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and
Douglass . (Members Sawicki and Doyen were absent . ) This resolution
was adopted with a unanimous vote of a quorum of the members present .
PENDING 'DECISION : Appeal No . 3296 :
Upon application for 'JOSEPH 'AND 'ARLENE LESTINGI , c/o David Kapell ,
400 Front Street , Greenport , N. . for a Variance to the Zoning Ordinance ,
Article III , Section 100-32 for permission to locate accessory garage
in the frontyard area at premises , 1150 Sound Drive , Greenport , NY ;
County Tax Map Parcel No . 1000-38-04-001 .
The board made the following findings and determination :
WHEREAS , public hearings on this appeal application were held -
initially December 13 , 1984 , and thence concluded January 24 , 1985 in
the Matter of Appeal No . 3296 for JOSEPH AND ARLENE LESTINGI ; and
WHEREAS , at said hearings , there was no opposition in relation
to the relief requested ; 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 deter-
mination :
1 . The property in question is located in the "A" Residential
and Agricultural Zoning District and contains an area of 37 ,741 sq .
ft . , with 100 ' frontage along the north side of Sound Drive ;
2 . Article III , Section 100-32 of the Zoning Ordinance requires
all accessory buildings to be located in the rearyard area ;
3 . The subject premises is improved with a new one-family
dwelling , situate 172± feet north of the front property line and
having minimum sideyard setbacks of 19 feet , and pool and deck areas
having a setback at its nearest point 26± feet from the bank , and
more particularly shown on site plan submitted November 28 , 1984 for
consideration under this appeal application and as approved under
Building Permit #13506Z issued October 29 , 1984 .
4 . It is the appellants' request for a variance to allow
relief to permit the location of a structure approximately 40 ' by .26 '
Southold Town Board of Appeals -12- January 26 , 1985 Special Meeting
(Appeal No . 3296 - J . LESTINGI , continued : )
in size for garage purposes at a setback of approximately 94 ' from
the front line along Sound Drive , and havin.g a setback from the
westerly sideyard at approximately 17 feet . In between the existing
dwelling structure and the proposed garage location will be an
absorption field .
5 . It is apparent that although the appellants ' practical
difficulties are self- imposed , . principal structures are normally
situated much closer to the front property line than exists , and
the members of this board agree that relief should be granted
accordingly .
6 . The subject premises is waterfront , and it is not unusual
for accessory garage structures to be preferred in the frontyard
area .
In considering this appeal , the board has found that this
proposal is not out of character with those parcels of similar
circumstances and existing in the surrounding area, and it has
determined accordingly that : (1 ) the relief requested will not
adversely effect population density or available governmental
facilities ; (2 ) there is no substantial change in the neighbor-
hood ; (3 ) no substantial detriment to adjoining properties will
be created ; (4 ) that the circumstances of this properties are
unique thereby lending itself to granting. of the relief as requested
and noted below..
NOW , THEREFORE , on motion by Mr . Douglass , seconded by Mr .
Grigonis , it was
RESOLVED , to grant the relief requested under Appeal No . 3313
for permission to locate an accessory building for garage purposes
in the frontyard area approximately 94 feet from the front property
line and 15 feet from the westerly side property line , SUBJECT TO
THE 'FOLLOWING 'CONDITIONS :
1 . That the structure be located no closer than 15 feet from
the westerly sideyard line (as requested ) ;
2 . That the garage structure be of a size not to exceed
26 ' by 26 ' ;
3 . That the garage door (s ) not face the street line ;
4 . There be no living , plumbing or other utilities that would
condon habitable or sleeping quarters ;
5 . That this structure not exceed one-story in height (18 feet) ;
6 . There be no obstrusive lighting which will be adverse to surround-
ing property owners . .
Southold Town Board of Appeals -13- January 26 , 1985 Special Meeting
(Appeal No . 3296 - J . LESTINGI , continued : )
7 . That the structure be located as requested and not closer than
90 feet from the front (road ) property line .
Location of Property : 1150 Sound Drive , Greenport , NY ; County Tax
Map Parcel No . 1000-33-04-001 .
Vote of the Board : Ayes : Messrs . Goehringer ; Douglass and
Grigonis . (Members Doyen and Sawicki were absent. ) This resolution
was unanimously adopted.
APPROVAL OF MINUTES: On motion by Mr . Douglass , seconded by Mr .
Goehringer , it was
RESOLVED , to approve the following Minutes of the board :
March 2 , 1.984 Regular Meeting ; March 17 , 1984 Special Meeting ;
April 19 , 1984 Special Meeting ; May 17 ,1984 Regular Meeting .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki_. This resolution was adopted by
una,.nimous vote of all the members .
FEBRUARY 14TH PUBLIC HEARINGS : The following files , which have
been s.chedul.ed . for February 14 , 1.985 for public hearings , were again
reviewed , and scheduled for field inspections accordingly :
Appeal No . 3294 - PETER AND MARGARET TROYANO ; 4
Appeal No . 3314 - JOSEPH AND PATRICIA STIEFER;
Appeal No . 3317 THOMAS PERILLO;
Appeal No . 3291 ANTHONY PAGOTO; -�
Appeal, No . 3312. - ESTATE _OF L_OUISE WILSON;
Ap.p_eaI No . 331.5 - CUTCHOGUE FREE LIBRARY;
Appeal. No . 3316 - CUTCHOGUE FREE LIBRARY.
ENVIRONMENTAL DECLARATION : Appeal No . 3317 - THOMAS PERILLO :
Pursuant to Part 617 of the implementing regulations pertaining
to Article 8 of the N .Y . S . Environmental Quality Review Act ( SEQRA)
of the Environmental Conservation Law, and Chapter 44-4 of the Code
of. the Town of Southold , and after reviewing each of the following
matter.; :, the . board . declared a;iNEGATIVE DECLARATIONS , as follows :
Southold .Town Board of Appeals -14- January 26 , 1985 Special Meeting
(Appeal No . 3291 , Perillo , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3291
PROJECT NAME: THOMAS PERILLO
This notice is issued pursuant to Part 617 of the implementing
regulatiorQ 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 4oard determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for approval of area and
width of parcels in this proposed -division of land.
LOCATION OF PROJECT: Town of Southold, County of Suffolk,: more
particularly known as: Silkworth Road and Home Pike Rdad , Mattituck ,
NY ; 10007114-1 -7 . Map .of Point Pleasant"'Lots 17 , - 18, 19 and 20 .
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) Being a prior subdivision , this is a request for re'-*division
or lot line changes for lots substandard ' of the recent lot area
and width changes .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki.. This resolution was adopted by
unanimous vote of all the membe'rs .
,w
Southold Town Board of Appeals -15- January 26 , 1985 Special Meeting
There being no other business properly coming before the board at
this time , motion was made by Chairman Goe,hringer ,, seconded by Mr .
Sawicki , and unanimously carried , to adjourn . The meeting adjourned
at 1 : 00 o ' clock p .m.
Respectfully submitted ,
Li da F . Kowalski.,�Se c 6 t a r
Southold Town .-Board of Appeals
erard P . Goeh finger Chairman "-
Tl�'E 0OU'.i HOLD TO w'1,4
DATE F,OUR
Town Clerk, Town of Louflol
_-J