HomeMy WebLinkAboutZBA-01/24/1985 _Southold Town Board of A eats
PP
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M I N U T E S
JOSEPH H. SAWICKI _
REGULAR 'MEETING
JANUARY '24 , 1985
A Regular Meeting of the Southold Town Board of Appeals was
held on 'Thursday, January 24 , 1985 at 7 : 30 p .m. at the Southold
Town Hall , Main. Road , Southold , New York .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr. , Serge Doyen , Jr. ; and Robert J . Douglass , Members .
Absent was Joseph H . Sawicki . Also present were Victor Lessard,
Building-Department Administrator , Mrs . Barbara Strang , part-time
stenographer of .the hearings , reporter, from the Suffolk Times ,
reporter. from .the L . I . Traveler-Watchman , and approx-i-mately 20
persons in the audience ' at the commencement of the meeting .
The Chairman opened the meeting arrd proceeded with the first
public hearing at 7 : 38 p .m. as follows :
7 : 38 p . m. . Recessed public hearing in the Matter of JOSEPH and
ARLENE LESTINGI , by -Day.id ..Kapell , 'agent. The statements of this
hearing_ were recorded electronically by Mrs . Strang , the original
of which is to be filed simultaneously herewith under separate
cover at the Town Clerk ' s Office . Following the public hearing ,
the following action was taken :
On motion by Mr. Goehringer , seconded by Mr . Grigonis , it was
RESOLVED, to cl'ose 'the hear tng__and `reserve decision pending
deliberat-ions in the Matter of _Appe.al No . 3296 ,. of JOSEPH AND ARLENE
LESTINGI .
Vote of the Board: Ayes : Messrs . Goehringer, Doyen , Grigonis
and Douglass . Member Sawicki was absent. This resolution was
adopted. by unanimous vote of the members present.
i
Southold Town Board of Appeals -2- January 24 , 1985 Regular Meeting
7 : 43 p .m. Public hearing was held in the Matter of HENRY J . SMITH
AND SON by Rudolph H . Bruer , Esq . for approval of insufficient width
in a proposed division of land located at the East Side of Peconic Lane
and the West Side of Carroll Avenue , Peconic , New York . All the state-
ments of this hearing have been prepared under separate cover by
Mrs . Strang and is to be filed simultaneously herewith at the Town
Clerk ' s Office . Following the public hearing, the following action
was taken :
On motion by Mr. Goehringer , seconded by Mr. Grigonis , it was
RESOLVED, to close the 'heari'hi 'and reserve decision pending
deliberations in ' the Matter of .Appeal N.o . 330..9 , of HENRY J . SMITH
AND SON .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent . This. resolution .was
adopted by unanimous vote of .the members present .
7 : 55 . p .m . . _ Public Hearing was held in the Matter of Appeal No .
3308 for 'LAUREN '.KRUG to.-attach::accessory garage ' to dwelling for
expansion .of living.. a.rea ,_. leaving insufficient rearyard setback of
principal building, at 200 Horton Road , Cutchogue , New York .
Mrs . Krug was. .present and there was no opposition during. the
hearing . The statements made among the _board members have been..
prepared under separate cover by Mrs . Strang and are to be filed
simultaneously herewith at the Town Clerk ' s Office . Following
the public hearing , the following action was taken : .
On motion by Mr . Goehringer , seconded by Mr . Douglass , it was
RESOLVED , to close the hearing and reserve decision pending
deliberations in the Matter of Appeal No . 330.8 , of LAUREN KRUG .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent , This, resolution _was
adopted by unanimous vote of the members present .
8 : 00 p .m. Public Hearing was held in the Matter of Appeal
No. 3310 for GARY 'DOROSKI to locate accessory storage building in
an area other than the required rearyard at 425 Monsell Lane ,..
Cutchogue , New York . No one appeared in behalf of .th-e_ applicant
and no opposition was made during the hearing.,.. The board did
question .what the setbacks of the accessory building were to be ,
and the Secretary was directed to contact the applicant for thes.e
figures prior to the board ' s. rendering a decision . The f.pll.owing
action was taken :
Southold Town Board of Appeals -3- January 24 , 1985 Regular Meeting
(Gary Do.roski , Appeal No . 3310 , continued: )
On motion by Mr. Goehringer , seconded by Mr . Douglass , it was
RESOLVED , to close the hearing pending receipt of the setbacks
proposed for the subject accessory building , particularly the from
the front property line .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent._. This resolution was
adopted by unanimous vote of .the members present .
8 :051..p .m. - Public - Hearing was reconvened in the Matter of Appeal
No . 3303 of 'FRANK *FIELD 'REALTY for approval of the construction of
one two-family house and retain_ one-fam fly dwelling on northerly
half of premises known as Lots. 59, 60 , 2-6-, 28 , .Greenport Driving
Park Subdivision , Greenport , New York . All the_. statements of the
hearing , pro and con , are .prepared under .separate cover by Mrs .
Strang which will be filed simultaneously herewith at the Town
Clerk ' s Office . Following the public hearing , the following action
was taken :
On motion by Mr. Goehringer , seconded by Mr. Douglass , it was
RESOLVED , to close the 'heariing 'and resbrVe decision pending
deliberations in the Matter of .Appeal No. 3303 , FRANK 'FIELD REALTY .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent_. This resolution was
adopted by unanimous vote of .the members present .
SHORT 'RECESS: On motion by Mr . Goehringer , seconded by Mr .
Douglass , it was
RESOLVED , to recess for approximately five minutes . (8 : 15-8 : 22 )
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent. This resolution was
adopted by unanimous vote of the members present .
MEETING 'RECONVENED: On motion by Mr . Douglass , seconded by Mr.
Grigonis , it was
RESOLVED , that the Regular Meetin.g be reconvened. The members
present at this time were _Mr . Grigonis (Chairman Pro Tem) , Serge
Doyen and Robert J . Douglass.. [Mr . Goehri.nger did not return until
the Deckinger public hearing . ] , _.
t T
Southold Town Board of Appeals -4- January 24 , 1985 Regular Meeting
Vote of the Board : Ayes : Messrs . Grigonis , Douglass and Doyen .
(Members Goehringer and Sawicki were absent . ) This resolution was
adopted .
8 `22 p .m. Public Hearing was held in the Matter of Appeal No . 3311 ,
of ROBERT A . CELIC for permission to build addition for expansion of
present use s with an insufficient rearyard from the easterly property
line at 10200 Main Road and Marlene Drive , Mattituck , New York .
Mr. Grigonis , Chairman Pro Tom _read thb .:legal notice of hearing and
appeal application , and Mr . Celic spoke in behalf of his application .
No one spoke in opposition during the hearing , however therein one
letter of objection which is part of .the record . Following the
testiomny , the following action. .was taken :
On motion by Mr . Grigonis , seconded by Mr . Douglass , it was
RESOLVED , to 'close 'the 'heari'ng 'and 'reserVe deci'si'on pending
deliberations in the Matter o_f .Appeal. .No ._ 3311 , _of 'ROBE.RT A. CELIC .
Vote of .the. Board : Ayes : Messrs . Douglass , Doyen , Grigonis .
(Members - Goehringer and Sawicki were absent . ) This resolution was
duly adopted with a quorum of the members present .
SHORT RECESS : On motion by Mr. Doyen , seconded by Mr . Douglass ,
it was
RESOLVED , to recess for approximately three minutes . (8 : 25-8 : 28 )
Vote of the Board : Ayes : Messrs . Douglass, Doyen and Grigonis .
(Members Goehringer and Sawicki were absent . ) This resolution was
duly adopted with a quorum of the members present .
MEETING RECONVENED: On motion by Mr . Grigonis , seconded by
Mr. Douglass , it was
RESOLVED, that the Regular Meeting be reconvened . (8 : 28 p .m. ) .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . Member Sawicki was absent . This resolution was
adopted by unanimous vote of the members present .
8 : 28 p .m. Public Hearing was held in the Matter of Appeal
No . 3307 , of ADELE 'V.' 'DECKINGER to locate pool and accessory building
in the frontyard area at 3805 Soundview Avenue , Mattituck , New York .
Mr. and Mrs . Deckinger were present and spoke in behalf of their
application . The statements made during the hearing have been
r
T
Southold Town Board of Appeals -5- January 24 , 1985 Regular Meeting
(Adele Deckinger , Appeal No . 3307 , continued : )
prepared under separate cover and will be filed simultaneously herewith
at the Town Clerk ' s Office . Following the hearing , the board made the
following findings and determination :
This is an appeal from Article III , Section 100-32 of the Zoning
Ordinance which requires all accessory buildings -in the "A" Residential
and Agricultural Zoning District to be located in the rearyard area .
The premises in question is located on the North Side of Soundview
Avenue , Mattituck , New York ; and more particularly known as referred
to as County Tax Map Parcel 1000-94-01 -20 . The _subject premises
contains an area of 56 ,000± _sq . ft'. with -90 ' - frontage along the L . I .
Sound and 90 ' along Sound View . Avenue . The topography of this
property is at its. highest elevations 95 ' above mean sea level in
the frontyard (south of .the existing dwelling ) dropping to a five-foot
elevation from the rear of the house to t_he L . I . Sound. The premises
is improved with a one-family dwelling , located approximately 325 feet
from Sound View Avenue , . 20 feet from the easterly. side property line
and 32 feet from the westerly side property line .
Applicant proposes a 20i by 40 ' swimm-ingpool and fence enclosure
and 1.0 ' by 15 ' accessory "dressing room" stru-ctures to be located in
the frontyard area approximately 290 .feet from Sound View Avenue and
approximately 15 ' from the westerly side property line .
In view of the foregoing and in considering this appeal , the
board finds as follows : (] )_ that practical difficulties do exist
due to the topography , the- character and the dimensions of this parcel ;
(2 ) no adverse effects will be produced on neighboring properties or
on available governmental facilities of increased population ; (3 )
the relief requested will be i_n harmony with the purposes and intent
of zoning ; (4 ) the relief .requested is not in the board ' s opinion
substantial since the normal setback for a principal building is at
50 feet from the street ; (5 ) that the difficulty_ cannot_. be obviated
„
by some method , feasible for the applicantto pursue , other than a
variance due to the existing setbacks and topographical natures ,
and (6 ) that in view of the manner in which the difficulty arose ,
justice will be served by allowing the variance , as. indica-ted below.
Accordingly, on motion- by Mr'. Goehringer , seconded by Mr .
Douglass , it was
RESOLVED , that the relief requested under Appeal No . 3307 in
the Matter of 'ADELE 'V : 'DECKINGER for permission to construct
accessory swimming pool and s_tora.ge/4ressing room structures in
the frontyard area ; BE AND HEREBY 'IS APPROVED 'AS 'APPLIED SUBJECT
TO THE FOLLOWING CONDITIONS :
1 . That the subject structures be located not closer than
approximately 290 ' to Sound View Avenue ..(which is as requested--
see survey-sketch plan ) ;
2 . That the -subject structures be located not closer than
15 ' from the either s_ideyard area ;
3. That the subject structures not be used for habitable
purposes ;
r
T r
K
Southold Town Board of Appeals -6- January 24 , 1985 Regular Meeting
(Appeal No . 3307 - ADELE V. DECKINGER , continued : )
4 . That there be no lighting that would be adverse to neighbor-
ing properties .
Location of Property : 3805 Sound View Avenue , Mattituck , NY ;
County Tax Map Parcel No . 1000-94-01 -20 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . (Member Sawicki was absent . ) This resolution was
adopted by unanimous vote of all the members present .
8 : 37 p .m . - Public . Hear- ing . was held in the Matter of Appeal
No . 3313 , 'of "SERGE 'DOYEN ; 'JR. for approval of insufficient are.a and
width in a proposed .set-off of_.,1 and, 1 ocated at Fox Avenue , Fishers
Island , New York . Two letters in opposition were read for the
record and Mr. Doyen spoke in behalf of h:i.s -_application . The
statements made during the hearing-. have been „prepared under separate
cover by Mrs . Strang which will be f.i.led simultaneously herewith
at the Town Clerk ' s. Office . F_ollow_ing ,a.11 testimony , the following
action was taken :
On motion by Mr. Goehringer , seconded by Mr . Douglass , it was
RESOLVED , to close the 'arid_ 'reserve' decision pending
deliberat..ions . in the Matter of .Appe.al No . 3313 , of SERGE DOYEN , 'JR .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass and
Grigonis . (Members Doyen -and Sawicki were absent from vote . )
8 : 50 p .m. Informal' Discussion : At the request of Henry Raynor ,
an appointment was made- for iscussion concerning the January 24 ,
1985 -correspondence received from Mr . William Moore , paralegal from
the Offices of Tooker and Sm ith , Esqs . for an interpretation of.
Sections 100-118 ( E) and (F) of the Zoning Code . The Chairman
stated that an interpretation should not be anticipated for this
evening since the request has been made only very recently and
that the board would like to received legal-.. opin_ions accordingly .
Richard F. Lark , Esq . , special town co.un,sel for the building depart-
ment , wa_s also present and gave a few examples of _situa.tions falling
under this category. (.See.:verbati.m'] testim.ony attached hereto . )
9 : 30 p .m. APPROVAL OF 'MINUTES : On motion by Mr . Douglass ,
seconded by Mr. Goehringer , it was'
RESOLVED , to approve the January 10 , 1985 Regular Meeting Minutes
and the March 2 , 1984 Regular .Meetin.g and verbatim -testimony minutes .
1
Southold Town Board of .Appeals -7- January 24,, 1985. .Regular Meeting
Vote of .the Board : Ayes : Messrs . 'Goehringer , Douglass and
Gri Boni s . . (Members Doyen _and Sawicki were absent from.- vo.te . ) Th-is
resolution was duly adopted.
NEXT 'REGULAR MEETING : On motion by Mr.' Go'ehri.nger,. 'seconded 'by
Mr . D o u g 1 ass..,._i t .was.
RESOLVED , that the Date of .the next. Re.g,ular. . Meeting . of - this . . _
Board be changed from. Februa'ry,__ 7,., 1985 .to` .TH.URSDAY , 'FE.B.R.U.ARY,.'14 ;._T985 ,
commencing at 7 :30 .p .m. at the' S:outh.old: Town, Ha,l_1_, Main` Road Southold ,
NY; a n d be it
FURTHER RESOLVED, that the Notice of .Pu.blication in the, local and
official - news.papers of ,the town be amended_ _to__ reflect those heari ngs
s_chedul_ed for that date accordingly . _
Vote of ,the Board : Ayes : Messrs , Goehri'nger , 'Douglass and
Grigonis . (Members D'oyen _and Sawi.cki' were absent from. vote . ) . This
_res-ol uti on was d,uly adopted.
RESERVED DECISION : Appeal No . .3.277 :
Application of MARIE J : PATTERSON , 12 Turnwood Ct . , Hempstead , NY
for a Variance to the Zoning r finance , Article III , Section 100-31 ,
Bulk Schedule , for approval of insufficient area (and width ) of two
parcels in this proposed division of land located at the South Side
of Peconic Bay Boulevard , La.urel , NY ; County Tax Map Parcel No .
1000-128-02-17 .
The public hearings in this matter were held on November 15 , 1984
and January 10 , 1985 , at which time the hearing. was declared closed
after receiving .testimony .
The board made the following findings and determination.:
This is an appeal from Article III , Section 100-31 , Bulk Schedule
of the Zoning Ordinance for approval of insufficient area (and width.)
of two proposed parcels : (a ) _Parce.l 1 proposed with an area of 23 , 171
sq . ft . and lot width of 85 feet [exclusive of 15 ' right-of-way] and
(b ) Parcel 1 proposed with an area of 22 ,700 sq . ft . Existing on
proposed Parcel 2 , the southerly parcel are a two-story , one-family
dwelling and accessory storage-garage structure which is located in
the "frontyard" area . Parcel 2 fronts along .Pe'conic Bay approxi -
mately 101 feet and is bulkheaded . Parcel No . 1. is vacant .
The board members have personally visited the site in question
and are familiar with the character of the residential neighborhood.
Southold. Town Board of Appeals -8- January 24 ,, 1985 Regular Meeting
(Appeal No . 3277 = MARIE J . PATTERSON , continued : )
Abutting the subject premises on the west are improved lots of
approximately 10 ,000 sq . ft . in area . Abutting the subject premises
on the east are lots of approximately 15 ,000 sq . ft . in area .
The board members have taken all testimony in behalf and in
opposition at the public hearings ,. which were held on November 15 ,
1984 and January 10 , 1985 , in rendering this determination .
The board has found as follows : (1 ) that this proposal
would not be out of character of the neighborhood since there are
lots improved with one-family dwellings substantially smaller than
that proposed herein ; (2 ). no adverse effects will be produced on
available governmental facilities of any increased population since
this- is a request for one additional building lot ; (3 ). that the
circumstances of this appeal are unique since the applicant ' s
property is surrounded by lots substantially smaller.;_ (4) the
relief requested will be i_n harmony with -the purposes of zoning
and precedents set .by the courts ; _ (5) that the interests of justice
will be served by al_.lowing the variance , by reason of the foregoing .
Accordingly , on motion by Mr. Grigonis , seconded by Mr . Doug-
lass , it was
RESOLVED , that Appeal No . 3277 , in the Matter of MARIE `PATTER-
SON BE AND HEREBY ' IS GRANTED THE 'FOLL'OWING RELIEF:
1 . Lot No . 1 shall contain an area of not less than 25 ,000
sq . ft . in area ( inclus.ive of the right-of-way area ) , and Lot No . 2
shal-1 be adjusted accordingly similar to the _plan surveyed-. August 16 ,
1982., amended. June 11 , 1984;.
2 . There be no setback reductions for new construction to less
than that - permitted by the zoning regulations .
Location of Property: South Side of Peconic Bay Boulevard ,
Laurel , NY ; Co-unty _Tax Map' Parcel No . 1000-128-02=1.7 .
Vote of .the. Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
and Douglass . (Member Sawicki was absent . ) This .resolution was_
unanimously _adopted.
RESERVED DECIS.I.ON : Appeal No . 3309: --
Appl :icati:on of H.E.NRY `J . SMITH,.'AND S.ON ; INC . (R. Bruer , Esq . ) ,
Main Road , Southol-d , NY. for_.a .Variance to. th_e. Zoning. Ordinance ,.
Article VIII , Section 10„0-81 for approval of insufficient width
r`
t y
e
Southold Town Board of Appeals -9- January 24 , 1985 Regular Meeting
(Appeal No . 3309 - H .J .. SMITH & SON , continued : )
(frontage ) in this proposed set-off division of land located at the
East Side of Peconic Lane and West Side of Carroll Avenue , Peconic ,
NY ; County Tax Map Parcel No . 1000-74-3-19 .
The public hearing was held earlier this evening , at which time
testimony was taken and the hearing .was then declared closed pending
deliberations .
The board made the following fi.ndings and determination :
This is an appeal from Arti.cle. VIII , =Section 100-81 of the
Bulk Schedule of the Zoning Code _which requires a .minimum lot width
of 200 feet . Applicant proposes a division of land located in this
"C-Light Industrial " Zoning District of :two parcels ,_ Lot 1 with an
area of 40 ,000 sq . ft . -and 168 . 55 ' frontage along_ Peconic. Lane ,
and Lot 2 with an area .of 52 ,731 sq.. ft . ' (13, 911 . 34 of '.private
road" area and 38 ,819 . 19,. sq . ft. of buildable lot area , and 50 ..03
feet- al ong Carro.l 1 _Ave:nue _a.nd 221 .,21 feet at the "bufl dabl e " setback
..line . Both 1 ots _are bounded ' on _the_. north by the Long Island Railroad .
For the record it is noted that parcels to the east of this
property were the subject of prior appeals prior to 1969. It is
also noted for the record that the 50 ' "private. road" strip is
located in the "A" Residential and Agricultural Zoning District ,
which also surrounds. the 2 . 128 . acres in question .
The board members have personally viewed the premises in ques-
tion and are familiar with the character of the residential and
commercial area of this locality . The board members have _taken
all the statements of the public hearing held on this matter earlier
this evening .
Considering the circumstances of .this appeal , the board finds
as follows : (I ) that this project will be . i_n harmony with and
.promote the general purposes of' zoning_.. since this project meets
all of the zoning requirementsas to area in this zon__ing district ;
(2_) since this is a lot-line variance , no adverse effects will
be produced to adjoining properties or. on available governmental
facilities of any increased population; (3 ) ,that the circumstances
of this appeal are unique since the entire C-Light Zoning section
is all in the same ownership and of a size substantially greater
than that required by the zoning ordinance ; (4 ) that _the interests
of justice will be served by allowing the variance , by reason of
the foregoing., and as noted. bel.ow.
Accordingly , on motion by Mr . Grigonis , seconded by Mr . Doug-
lass , it was
r
t �
Southold Town Board of Appeals -10- January 24 , 1985 Regular Meeting
(Appeal No . 3309 - HENRY J . SMITH AND SON , continued : )
RESOLVED , that the relief as requested in Appeal No. 3309 ,
in the Matter of HENRY P ; . SMITH . & SON , INC. for insufficient lot
width , BE AND HEREBY IS 'APPROVED 'SUBJECT -TO THE FOLLOWING 'CONDI-
TIONS :
1 . The ingress and egress to Carroll Avenue shall remain open
and unobstructed at all times ;
2 . There be no further lot area . or side or front yard reduc-
tions .
Location of Property : West Side of Carroll Avenue and East
Side of Peconic Lane , Peconic , 'NY; 1000-074-03- 19 . 1 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . (Member Sawicki was absen_t . ) This resolution was
adopted by unanimous vote of all the members present.
RESERVED DECISION : Appeal No . 3300 :
Application of JOHN BERTANI , Colonial Road , Southold , NY for a Variance
to the Zoning Ordinance , rticle VI , Section 100-62 (B) for permission to
establish building containing more than one retail store , offices or similar
establishments in this " B-l " General Business Zoning District , at premises
located on the north side of C. R. 48 , Southold , NY; County Tax Map Parcel
No . 1000-55-02-20; containing 31 ,024 sq . ft . in area.
The public hearing concerning this matter was held and concluded on
December 13 , 1984 , pending deliberations .
The board made the following findings and determination :.
This is an appeal from Article VI , Section 100-62 (B ) of the- Zoning
Code requesting a variance from the 40 ,000 square-foot area requirement
for a building containing retail stores , merchantile establishments ,
offices in this " B-l " General Business Zoning District .
It is applicants ' proposal to construct an 80 ' by 55 ' commercial
building with setbacks of: (a ) 60± feet from the front property line ;
(b ) 55± feet from the westerly side property line ; (c ) 54± feet from
the easterly side property line ; (d ) a minimum of 35 feet from the
rear property line . It is the understanding of the board that there
will be a maximum of four establishments within this building , each
having a maximum of 700 sq . ft. of sales area , and will be those uses
permitted under Article VII of the zoning ordinance .
The site plan amended September .21 , 1984 indicates 26 regular
. t
Southold Town Board of Appeals -11 - January 24 , 1985 Regular Meeting
(Appeal No . 3300 - JOHN 'BERTANI , continued : )
parking spaces and two handicapped parking spaces for all four of
the proposed establishments . Article VI , Section 100-62 (G_) requires
a minimum of one parking space for .each 100 sq . ft_, of sales floor
area or office floor area , which would be a minimum of 28..parking
spaces , without provisions for the handicapped . Therefore , an
additional one handicapped parking space for each establishment
must be provided .in this board ' s. -conditio-ns .
In considering this appeal , the board has found : (1 ) that the
variation is not substantial being 22± percent of the requirements ;
(2 ) there will be no effect , if .the variance is allowed, of increased
population density thus produced on available governmental facilities ;
(3 ) that there will be no substantial change in the character of
the neighborhood or--- a substantial detriment to adjoining properties
since the premises will be ut,ili_zed as required under Article VII ,
in this zoning district ; (4) that the difficulty cannot be obviated
by some method , 'feasi.ble . for the applicant.s_ to pursue , other than a
variance ; (5) that i_n v_iew of .th_e _manner in which the difficulty
arose , justice will be served. .:by allowing the variance , as .indicated
below , by reasons. .. of the forego_ing .__
Accordingly , on motion 'by Mr .. Goeh.ringer , seconded by Grigonis ,
it was
RESOLVED, -that - the - relief .re.quested under Appeal No . 3300 in
the Matter of 'JOHN BERTANI for permission to establish up to four
"B-l " Business. Uses ; each h_avin_g a maximum of 700 .sq . ft_. in retail
sales or. office floor .ar.ea , 'BE �AND HEREBY IS 'APPROVED,:_ SUBJECT TO
THE FOLLOWING CONDITIONS :
1 . A minimum of 32 parking spaces , 28 regular and 4 handicapped
spaces ;
2 . A minimum planting area of .7 ,750 sq . ft. as requested and
shown on the subject site plan ;
3 . A maximum of 2 ,800 sq . ft . of retail sales or office floor
area , as requested and shown on _the subject site plan ; ---
4 . Changes which would increase the maximum 700 sq . ft. of retail
sales or office floor area for each establishment will require
resubmission by :formal appl..ication for reconsideration .
Location of Property : North' Side of C . R . 48 , Southold , NY; County
Tax Map Parcel No . 1000-._55-02-20 .
V-ote of -the Board : Ayes : Messrs ., Goehringer , Doyen , Grigonis
and Douglass . (Member Sawicki was abs.en_t . ) This resolution was
adopted by unanimous vote of the members present .
ENVIRONMENTAL 'DECLARATIONS: On motion by Mr . Douglass , seconded by
Mr . Goe ringers" was u
Southold Town Board of Appeals -12- January 24 , 1985 Regular Meeting
RESOLVED, to declare the following Environmental Declarations
for the following matters , and "nonsignificance " determination as
required by the N . Y. S . Environmental Quality Review Act , Local
Law 44-4 of the Town Code , and Article 8 of the Environmental
Conservation Law:
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3314
PROJECT NAME: JOSEPH AND PATRICIA STIEFER
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: Location of an accessory horse barn
in the frontyard area on this 13 . 365-acre parcel .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 6760 Sound Avenue , Mattituck , NY ; 1000-121 -4-8 .
{.
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 location of the proposed horse barn is at an elevation
of 40± feet above mean sea level .
(3 ) The premises is not located within 300 feet of wetlands or
othe r� � �1_en�cirQnm�q al Lr_eB__ _ _
F
Southold Town Board of Appeals -13- January 24 , 1985 Regular Meeting
(Environmental Declarations , continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3312 . .
PROJECT NAME: ' ESTATE 'OF 'LOUISE WILSON
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: For approval of insuffic.i.ent area and
width of parcels in a division of land pursuant to Will effectuated
February 23 , 1983 .
LOCATION OF PROJECT: Town of Southold, County of Suffol]c, more
particularly known as: N/S Main .Road , Mattituck , _`NY ; 1000-.122-6-19 .
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 lot- line variance , 'this matter is an action not
requiring coordination .
(3 ) The premises in question is not located within 300 feet of
an environmental l.Y__Criti-cd7,;_area--cal. ___
t
T 1
Southold Town Board of Appeals -14- January 24 , 1985 Regular Meeting
(Environmental Declarations , continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3316 and 3315
PROJECT NAME: CUTCHOGUE FREE LIBRARY
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or- similar
project.
TYPE OF ACTION: [ ] Type II [X ] Unlisted [ ]
DESCRIPTION OF ACTION: To establish expansion of library use
in proposed addition to present library which will have insufficient
rearyard setback .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 27550 Mai.n Road , Cutchogue_., NY ; 1000-109-06-
part of Lots 1 and 2 .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The premises in question is improved and has an established
library use .
RoadWd Mep�eTjAp in question is a corner at the intersection of Main
♦ S
Southold Town Board of Appeals -15- January 24 , 1985 Regular Meeting
(Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
and Douglass . (Member Sawicki was absent . ) This resolution was
adopted by unanimous vote of all the members present .
NEXT SPECIAL MEETING : It was tentatively agreed that a Special
Meeting would be called by Wednesday , January 30 , 1985 , to transact
those business matter properly coming before the board at that time .
It was suggested that a meeting be held that evening , Wednesday ,
January 30th at approximately 6 : 00 .p . m.
FEBRUARY 1-4 , 1985 PUBLIC HEARINGS : The following files , which
have been scheduled for February 14 , 1985 for, h_earings , were
reviewed and scheduled for field inspections appropriately :
Appeal No . . 3294 - Peter and Margaret Troyano .
Appeal No . 3314 —Joseph and Patricia Stiefer .
Appeal No . 3317 Thomas Perillo.
Appeal No . 3291 - Anthony- Pagoto .
Appeal No . 3312 - Estate of Louise Wilson .
Appeal No . 33.15 - Cutchogue Free Library .
Appeal No . 3316 - Cutchogue Free Library .
FEBRUARY 28 , 1985 Matters for field inspections and reviews :
Appeal No . 3319 - Andreas Pali'ouras ;
Appeal No . 3321 - Alice D.-Currie ;
Appeal No . 3322 - Joseph Lizewski ;
Appeal No . 3323 - Colgate Design Corp . ;
Appeal No . 3324 - Lynn Sciora ;
Appeal No . 3325 - Douglas A. Cooper;
Appeal No . 3305 - Norkus (DEC expected by 2/7 ) ;
Appeal No . 3251 - Renate Riedel ( if DEC is received by 2/7 ) ;
Appeal No . 3318 - Meehan and Leonardi .
Southold Town Board of Appeals -16- January 24 , 1985 Regular Meeting
There being no other transactions taken , the Chairman adjourned
the meeting until the next Special Meeting . The meeting was adjourned
at 11 : 20 p .m.
Respectfully submitted ,
Linda F. Kowalski , Secretary
Southold Town. Board of Appeals
Gera d P . Goehringee, Chair an
Approved : 2/14/85
1 a.LE OLD O .
DATE ks HOUP,
Town Clerk, Try rt of