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HomeMy WebLinkAboutZBA-11/14/1985 `1 z L T 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 NOVEMBER 14 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , November 14 , 1985 at 7 : 30 p .m. at the Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Gerard P . Goehringer , Chairman ; Charles . Grigonis , Jr . ; Serge Doyen , Jr . ; Robert J . Douglass and Joseph H. Sawicki , constituting all five members of the Board of Appeals . Also present were Victor Lessard, Building-Department Administra- tor , and approximately 18 persons in the audience at the beginning of the me,eti ng. The Chairman opened the meeting at 7 : 30 p .m. and proceeded with Environmental Declarations on each matter for public hearing tonight , as follows : ENVIRONMENTAL DECLARATIONS : On motion by Mr . Goehringer , seconded by Mr . - Grigonis , it was RESOLVED, to declare the following Environmental Declarations indicating the projects will have. negative adverse effects to the environment for the reasons as noted below , in accordance wi-th 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 adopted July 25 , 1978 , Chapter 44 , of the Town of Southold : Appeal No . 3417 - BENJAMIN KOWALCHUK (continued on page two ) Southold Town Board of ,Appeals .-2- November 14 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance ' APPEAL NO. : 3417 ' PROJECT NAME: BENJAMIN 'KOWALCHUK 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 '#k44-4 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 'd'eclaration ' should not be Considered a determination made for any other department or agency ' which may also have an application pending 'for the same nL• similar ' project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION:. Variance for permission to . l.ocate accessory building in side'. yard . � LOCATION OF PROJECT: Town of Southold'. County of Suffolk, more particularly known as: 3375 Wells Road , Peconic, New. York ; 1000-86-2-8 . 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 construction is landward of existing structures . i Southold Town Board of ,Appeals -3- November, 14 , 1985 Regular Meeting I I ( Environmental Declarations , continued : ) S.E.Q.R.A'. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance, APPEAL NO. : 3407 I PROJECT NAME: FRANK AND DIANE AMMIRATI I This notice is issued pursuant to. Par'6,61'7 of the implementing regulations pertaining to Article 8 of the; N.Y. S., Environmental Quality Review Act of the Environmental. ,COiiservat'ion Law ,and Local ' Lawi#44-4 of the Town of Southold. � This board determines the, within' proj'e'ct.' not to have a slignifi - cant adverse effect on the 'environment for,' 'the reasons indicated below. Please take further notice that this ',d'eclaration should not be considered a determination made for any ot.h'er department or agency ' which may also have an application pendiiicl'. 'for the same Ior similar ' project. TYPE OF ACTION: ( ] Type II [ XJ Unlisted [ ] DESCRIPTION OF ACTION:, Special Exception to operate retail take-out food specialty store in', conjunction with single-family residence . (C-Light Zoni,n'g , District ) , LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as:E/s.Love Lane, Mattituck , New York . REASON'(S) SUPPORTING THIS DETERMINATION: (1) A31 Environmental Assessment -in' the short form ,has been submitted which indicates , that no significant adverse effects, to the environment are likely to occur should this project be imple-' mented as planned; " (2) The relief requested' is' not directly , related to ne'w construction . (3 ) The property in question is not located ' within 300 feet of tidal wetlands or other critical environmental area ... . I I I I Southold Town Board of Appeals -4- November 14, 1985 Regular Meeting ( Environmental Declarations , continued : ) S.E.Q.R.A . NEGATIVE ENVIRONMEN'CAL DECLARATION Notice of Determination of N(_)n-Signifi-cance APPEAL. NO. : 3373 PROJECT NAME: Ruth Bohn 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 ,Wi.ich may also have an application pending for the same or simil.(ir project . TYPE OF ACTION: [X] Type II [ ] Unlisted. [ ] DESCRIPTION OF ACTION : for approval -of insufficient area and width in this proposed redivision. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Beebe Drive, 'Cutchogue,, NY 103-9-2 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) Approval has been obtained from the N-.Y.S. Department of Environ- mental Conservation and, , the Suffolk County Department of Health Services. (3) The relief requested is not directly related to new construction. + f i Southold Town Board of Appeals -5-. November 14 , 1985 Regular Meeting ( Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3427. PROJECT NAKE: ROBERT HUNGERFORD 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 he considered a determination made for any other departn.ent Or agency which may also have an application pending for the same nr similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to locate accessory garage in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk., more particularly known as: 2460 Grandview Estates , Orient , New York. REASON (S) SUPPORTING THIS DETERMINATION: (1) Asi Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to th6. environment are likely to occur should this project be imple- mented as planned; (2) This project,•i s .;1 ocated more than 100 fe-et from bl.uff area . (3 ) Construction proposed is landward of existing structure . Vote of the Board : Ayes : Messrs . Goehringe�r , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -6- November 14 , 1985 Regular Meeting ( Environmental Declarations , continued : ) On motion by Mr . Grigonis , seconded by Mr . Sawicki , it was RESOLVED , to declare the following Environmental Declarations indicating the projects will have negative adverse effects to the environment for the reasons as noted below , in accordance with 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 adopted July 25 , 1978 , Chapter 44 , of the Town of Southold : Notice of Determination of Non-Significance APPEAL NO. : 3416 PROJECT NAME: EUGENE AND DIANE GIANNONE 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 #114-4 of the Town of Southold. This board determines the within project noL to hl:ive a signi.( i- cant adverse effect on the environment for the reasons indicated b(-Aow. Please take further notice that this declaration should not be considered a determination made for any ether departi;; �nt ".)r agency which may also have an application pending for the sarue r)i similzir project. TYPE OF ACTION: [ ] Type .II [X1 Una.iste(i ( J DESCRIPTION OF ACTION: Variance for permission to construct accessory building in front yard . LOCATION OF PROJECT: Town of Southold, County of I;ulfolk , more particularly known as: Right-of-Way off Sunset Drive , Mattituck , New York ; 1000-106-8-50 ..7 . REASON (S) SUPPORTING THIS DETERMINATION: (1) All Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to Lhe environment ale likAy to occur should this project be imple- r,x rated as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area . , Southold Town- Board of Appeals -7- November 14, 1985 Regular Meeting ( Environmental Declarations , continued : ) S.E.Q.R.A . NEGATIVE ENVIRONMEN`PAL DECLARATION Notice of Determination of. Non-Si nificancc APPEAL NO. : 3420 PROJECT NAME: Sunbow Associates 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 ]vocal 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 wliich may also have an application pending for the- same or similar project. TYPE OF ACTION: [ ] Type II KX] Unlisted [ ] DESCRIPTION OF ACTION: Sub-division with permission of Planning Board resulting in insufficient width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Road, Laurel,NY 122-6-29 REASON (S) SUPPORTING THIS DETERMINATION : (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. - (3) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. Vote of the. Board : Ayes : Messrs . Grigonis , Doyen , Douglass and Sawicki . (Member Goehringer abstained . ) This resolution was adopted by a majority plus one vote of all the members . Southold Town Board of Appeals -8- November 14 , 1985 Regular Meeting 7 : 37 p .m. Appeal No . 3417 . Public Hearing was held in the Matter of BENJAMIN KOWALCHUK for a Variance for permission to :I.ocate accessory lawn structure in sideyard area at 3375 Wells Road , Peconic , New York . The Chairman read the legal notice of hearing and appeal applica- tion for the record. Mr . and Mrs . Benjamin Kowalchuk were present for questions , (see verbatim transcript of hearing prepared and filed under separate cover by Linda Kowalski with the Town Clerk ' s Office for reference ) . (No objections were received from the public . ) Following the hearing , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to conclude/close the hearing at this time pending deliberations and the 15-day posting period as required by S . E . Q . R. A. for public comment , in the Matter of Appeal No . 3417 - BENJAMIN KOWALCHUK. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 7 : 42 p .m. Appeal No . 3407 . - Public Hearing was held in the Matter of FRANK AND DIANE AMMIRATI . Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 for permission to establish a retail take-out food store in conjunction with a single-family residence at premises known as 730 Love Lane , Mattituck , NY ; 1000-140-2-18 . (Premises Zoned: "C-Light Industrial . " ) Moratorium Relief. was granted by the Town Board on October 8 , 1985 . Planning Board comments ar.e _.to .be : subm:itted. on , or, about November 20 , 1985 . The Chairman read the legal notice of hearing and appeal appli - cation for the record . Mr . and Mrs . Frank Ammirati were present for questions . Mr. Bill Gasser appeared in objection stating he didn ' t feel it is within the character of the district . (See verbatim transcript of hearing prepared and filed by Linda Kowalski under separate cover with the Town Clerk ' s Office for reference . ) Following the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was Southold Town Board of Appeals -9- November 14 , 1985 Regular Meeting (Hearing resolutions , continued , Appeal No . 3407 - AMMIRATI , continued : ) RESOLVED , to conclude/close the hearing at this time pending deliberations in the Matter of Appeal No . 3407 - FRANK AND DIANE AMMIRATI . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 7 : 48 p .m. Appeal No . 3373. Public Hearing was held in the Matter of RUTH BOHN for a Variance for approval of insufficient lot area - and width (frontage ) of two parcels located at the west side of Beebe Drive , Cutchogue which have become merged although have been recog- nized as separate lots by the Suffolk County Health Department and N . Y . S . Department of Environmental Conservation . The Chairman read the legal notice of hearing and appeal appli - cation for the record. Mrs.. Ruth Bohn wa.s present for q.uestion_s _(see verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk ' s Office for reference )_. It is noted for the record that no public oppo.sition w.as received to this application . Following the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to conclude/close the hearing at this time pending deliberations and the 15-day posting period as required by S . E . Q . R .A. for public comment , in the Matter of Appeal No . 3373 - RUTH BOHN . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 7 : 55 p .m. At this point in time , Chairman Goehringer left the room and was absent during the entire public hearing in the Matter of Sunbow Associates . A short recess was not necessary and..there- fore was not taken . The board proceeded with the next public hearing . Southold Town Board of Appeals -10- November 14 ; 1985 Regular Meeting 7 : 55 p . m . Appeal No . 3420 . Public Hearing. Matter of SUNBOW ASSOCIATES . Variance for approval of insufficient lot width of four parcels . N/s Main Road , Mattituck . B-1 Zoning District . The Chairman Pro Tem ( C . Grigonis ) read the legal notice of hear- ing and appeal application for the record . John De Reeder was present and spoke in behalf of the applicant , (see verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk ' s Office for reference ) . It is noted for the record that no public opposition was received to this application . Following the hearing , the board took - the following action : On motion by Mr. Grigonis , seconded by Mr. Doyen , it was RESOLVED, to close (conclude ) the hearing reserving decision iuntil later in the Matter of Appeal No . 3420 - SUNBOW ASSOCIATES . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass and Sawicki . (Member Goehringer was absent during this hearing . ) 8 :03 p . m. Chairman Goehringer returned and resumed Chairmanship . 8 :03 p .m. Appeal No . 3427 . Public Hearing . Matter of ROBERT HUNGERFORD . Variance for permission to locate accessory garage in front yard . 2460 Grandview Drive , Orient . The Chairman read the legal notice of hearing and appeal application for the record . Glenn Heidtmann , ,;ibuilder , was present and spoke in behalf of the application , ( see verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk ' s Office for reference ) . It is noted for the record that no public opposition was received for this application. Following the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr . Douglass , it was RESOLVED, to close (conclude ) the hearing reserving decision , pending deliberations at a later date . 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 -1.1.- November 14 , 1985 Regular Meeting 8 :08 p .m. Chairman Goehringer left the room and was absent dur- ing the entire hearing of Appeal No . 3416 - Eugene and Diane Giannone . PUBLIC HEARING :_ 8 :08 p .m. Appeal No . 3416 . Matter of EUGENE AND DIANE G'IANNONE. Variance for approval of accessory garage as con- structed in frontyard. Sunset Drive , Mattituck . Chairman Pro Tem ( C. Grigonis ) read the legal notice of hearing and appeal application for the record. Mr . and Mrs . Giannone were present and', Mr. Giannone spoke in behalf of the application . For the record it is noted that no public opposition was received for this application . (See verbatim transcript prepared under separate cover and filed with the Town Clerk ' s Office for reference . ) Following the hearing , the board took the following action : On motion by Mr . Grigonis , seconded by Mr. Sawicki , it was RESOLVED , to close (conclude ) the hearing and reserve decision in the Matter of Appeal No . 3416 pending deliberations until a later date . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Doyen and Sawicki . (Member Goehringer was absent during this hearing . ) This resolution was adopted unanimously by all four members present . Chairman Goehringer returned to the meeting at 8 : 17 p .:m. APPROVAL OF MINUTES : On motion by Mr . Sawicki , seconded by Mr . Grigonis , it was RESOLVED , to approve the Minutes of the October 3 , 1985 Meeting . 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 -12- November 14 , 1985 Regular Meeting PENDING IMPROVEMENTS TO RIGHT-OF-WAY : Appeal No . 2760 - Matter of RICHARD , ANDERSON . Conditional_ approval rendered November 20 , 1980 . - The board members recently inspected the improvements ma.de..recently to the right-of-way in question located at Wunneweta Pond at Nassau Point, Cutchogue , NY , and it was the opinion of- the board that the right-of-way was acceptable "as is . " The following action was taken : On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, that the improvements as inspected by the Chairman of recent date be and hereby are accepted , subject to the follow- ing requirements : 1 . That the improvements are to be within the legal perimeter of the subject right-of-way; 2 . That the right-of-way be continuously maintained at all times in good condition . Location of Property: R-O-W off the west side of Wunneweta Road , Nassau Point , Cutchogue , NY ; County Tax Map District 1000 , Section 111 , Block 14 , Lot 29 . This resolution was unanimously adopted . DISCUSSION: The board was updated on the Matter of Appeal No . 2922 FRANK 'E . BROPHY . in that the Town Attorney has advised that the Board of Appeals is without authority to withdraw or revoke as well as change or modify any prior decisions without proper application , public hearing , etc . The board reiterated its position that the building permit be voided pending formal application to this department for relief desired by Mr. Brophy or otherwise before any construction is started whatsoever . DISCUSSIONS : The board did not act or deliberate on the following pending matters for re-inspections and further obser- vat_ions/research of the areas in question : Appeals No '. 3401 and<. 3415 - PETER AND HELEN PURIC ; Appeal No . 3414 - FRED SCHOENBAECHLER., Southold Town Board of Appeals -13- November. 14 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3404 : Application of JOHN J . HAAS - Appeal No . 3404 . Variance to the Zoning Ordinance , Artic e III , Section 100-32 for permission to locate accessory garage structure in the frontyard area , premises identified on the Suffolk County Tax Maps as District 1000 , Section 141 , Block 2 , Lot 15 ; 3325 C . R . 48 , Mattituck , NY . Following deliberations , the board took the following action : WHEREAS, a public hearing was held and concluded on October 24 , 1985 in the Matter of—the Application of 'J.OHN 'J . HAAS under Appeal No . 3404 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no public opposition ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located at the north side of County Road 48 (Middle Road ) , Mattituck having frontage ( lot width ) of 215± feet and lot area of 1 . 01 ± acres , is located in the "A-40" Residential and Agricultural Zoning District , and is identified on the Suffolk County Tax Maps as District 1000 , Section 141 , Block 2 , Lot 15 . 2 . Existing on the subject property is a single-family , one- story framed house with attached garage set back a minimum of 80 feet from the front property line , 48 feet from the west property line and 42 feet from the east property line as shown on survey dated January 14 , 1963 , prepared by Roderick VanTuyl , L . S . 3 . By this application , appellant requests permission to locate a 24 ' by 24 ' accessory garage structure to be used strictly for garage and storage purposes incidental to the residential use of the premises and not operated for gain ( Section 100-30C[2] ) , in the frontyard area not closer than 50 ' 6 " from the front property line along C . R . 48 and not closer than 10 feet to the easterly property line . 4 . It is the opinion of the board that in granting the requested location , a precedent would not be set since there are other similar structures in the immediate area located in frontyard Southold Town Board of Appeals -14- November 14 , 1985 Regular Meeting (Appeal No . 3404 - JOHN J . HAAS decision , continued : ) areas , and in view of the fact that the proposed structure _wil l meet the minimum frontyard setback presently required for principal structures . In considering this appeal , the board agrees with the reasoning of appellant since : (a) the relief requested not substantial ; (b) there will be no substantial change in the character of this district since there are other properties with accessory buildings in the frontyard area ; (c ) the relief as granted will not cause a substantial effect or detriment to adjoining properties since the accessory building will be set back at least 50 feet from the front property line; (d ) the interests of justice will be served by granting the variance , as conditionally noted _.below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED, that a 24 ' by 24 ' accessory garage/storage building applied under Appeal No . 3404. in the Matter of JOHN J . HAAS , be and hereby IS GRANTED TO BE LOCATED IN 'THE 'FRONTYARD AREA NOT LESS THAN 50 FEET FROM THE FRONT -PROPERTY LINE , 'AND NOT LESS THAN 10 FEET FROM THE EASTERLY PROPERTY LINE ; AS APPLIED, AND 'SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The subject accessory building be shielded/screened (as is presently ) with trees ; 2 . The subject accessory building shall never be converted for sleeping or bunk quarters, or any other use not permitted by Article III , Section 100-30 ( C) [2] of the Zoning- Code (shall be for residential storage and garage purposes ) ; 3. There be no overhead lighting which may be obtrusive to neighboring properties or traffic . 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 -15- November 14 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3410 : Application of CLIFFORD 'CORNELL - Appeal No . 3410 . Variance to the Zoning Ordinance , Article ec Von 100-31 , Bulk Schedule , for permis- sion to locate proposed single-family dwelling structure with an insuffi - cient rearyard setback , premises identified on the Suffolk County Tax Maps as District 1000 , Section 48 , Block 2 , Lot 9 , located on the North Side of Flint Street , Greenport , NY; Greenport Driving Park Map No . 369 , Lot 84 . Following deliberations, the board took the following action : WHEREAS , a public hearing was held and concluded on October 24 , 1985 in the Matter of the Application of CLIFFORD CORNELL under Appeal No . 3410 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no public opposition ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located at the north side of Flint Street , Greenport having a frontage ( lot width ) of 50 feet and lot area of 3 , 920± sq . ft in area , and is referred to as Subdivision Lot #84 of Subdivision Map of Greenport Driving Park , further identi - fied on the Suffolk County Tax Maps as District 1000 , Section 48 , Block 2 , Lot 9 . 2 . The subject premises is vacant at the present time , except for encroachments along the easterly property line as shown on survey dated August 14 , 1985 , prepared by Roderick VanTuyl , P . C . 3 . By this applicant , appellant requests permission to locate a single-family dwelling with an insufficient rearyard setback at not less than 27 feet from the northerly property line abutting Long Island Railroad premises . 4 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code as pertains to lots in the "A" Zoning District requires a minimum rearyard setback at 35 feet, and the relief requested is a maximum of 23% , or eight feet from the requirements . In considering this appeal , the board agrees with the reasoning of appellant since : . (a ) the relief requested is Southold Town Board of Appeals -16- November 14 , 1985 Regular Meeting (Appeal No . 3410 - CLIFFORD CORNELL , continued : ) not substantial ; (b ) there will be no substantial change in the character of this district since there are other properties with structures at similar setbacks ; (c ) the relief as condi - tionally granted will not cause a substantial effect or detriment to adjoining properties ; (d) the interests of justice will be served by granting the variance , as conditionally noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it was RESOLVED , that the relief requested under Appeal No . 3410 . in the Matter of the Application of CLIFFORD CORNELL for per- mission to locate single-family dwelling with an insufficient rearyard setback at not less than 27. feet as applied , BE AND HEREBY IS APPROVED provided that all other zoning setback requirements_ be complied with . 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 . 3413 : Application of ANTONE GRIGONIS , JR. - Appeal No . 3413 . Variance pursuant to New York Town Law , Section 8 A , for approval of access over private right-of-way located o.ff the South Side of Old North Road , Southold , NY , to premises in this proposed set-off division a distance of 655 feet, identified on the Suffolk County Tax Maps as District 1000 , Section' 55 , Block 2 ; part of Lot 8 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on October 24 , 1985 in the Matter of the Application 'of ANTONE GRIGONIS , JR. under Appeal No . 3413 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and WHEREAS , the board has considered all testimony and documentation . submitted concerning this application ; and it is noted for the record that there has' been no public opposition ; and WHEREAS , the board made the following findings of fact : Southold Town Board of Appeals -17- November 14 , 1985 Regular Meeting (Appeal No . 3413 - ANTONE GRIGONIS, JR. , continued : ) 1 . The property to which appellant is requesting approval of access to is located in an "A-80" Residential and Agricultural Zon- ing District and is a part of premises owned by the applicant of 80 , 000 sq . ft . in area , to be set off from a 11 . 49-acre parcel , known and identified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 2 , part of Lot 8. 1 . 2 . The right-of-way in question is situate along the south side of Old North _Roa.d , Southold , and extends in a southerly direc- tion a length of 650 . 64 feet (435 . 50 and 215 . 14 feet ) as shown on survey amended October 10, 1985 , prepared by Roderick VanTuyl , P . C . 3 . The present traveled portion of the subject right-of-way is on original ground , 8± feet in width , and is about 500 .feet in length before turning to the right and out of the 50-foot right-of-way . The existing profile for the first 50.0 feet is fairly level ; the remaining profile ,.. 150± feet in length, gradually rises to. about four feet higher at the end of the 650-foot len._gth . 4 . Submitted for the record is a copy of deed dated August 18 , 1973 which indicates that reservation is made. to Antone J . Grigonis , Jr . and Estelle Grigonis , their heirs , legal representatives and assigns , the right to use the subject 50-foot wide right-of-way . 5 . After inspection and reinspection , it is the opinion of the board members that improvements are necessary to provide suitable access as required by New York Town Law , Section 280-a , for emergency and other vehicles (as noted below) ._ In considering this. appeal , the board agrees with the reasoning of ,appellant sin._cea _.' (a) the relief requested is not substantial ; ( b ) there will be n'o substantial change in the character of this district ; (c ) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining , properties ; _ (d ) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , justice will be served by allowing the variance , as indicated below . Accordingly , on motion by Mr. Sawicki , seconded by Mr . Douglass , it was Southold Town Board of Appeals -18- November 14 , 1985 Regular Meeting (Appeal No . 3413 - ANTONE GRIGONIS ; JR . , decision , continued : ) RESOLVED, that the relief requested under Appeal No . 3413 in the Matter of the Application of ANTONE GRIGONIS , JR . as required by New York Town Law , Section 280-a , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet; and 2 . : The right-of-way shall have an improved width of 15 feet for the entire _650.. fe_et in length , improved as follows : (a ) First 50 ' in length, no excavation is required , and placement of four inches [4"] of' stone blend/bank run mixture [20% gravel ] and two inches [2"]- sto_ne blend or crushed , recycldd concrete ; (b ) Remaining 600 feet in length shall be excavated four inches [4"] deep (entire 15 '._ width ) .and replaced with four inches [4"] gravel bankrun (20% .gravel mixture ) ; 3. These improvements shall be maintained at all times in good , satisfactory condition ; 4. That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning acceptance of the improvements of this right- of-way ; 5 . This 280-a variance with conditions is not to be recog- nized as approval of access for any other lots which may be established in any future set-off divisions or subdivisions , unless so recommended in writing_ by the Building Inspector and filed with the Office of the Board of Appeals . Vote of the Board : Ayes : Messrs . Goehri.nger , Douglass , Doyen and Sawicki . (Member Grigonis abstained . ) This resolu- tion was adopted by a majority of all the members present . 'NEXT :REGULAR :MEETING: On motion by Mr. Goehringer , seconded by Mr. - Sawicki ,. it " was RESOLVED , to set Thursday , December 5 , 1985 as the date of the next Regular Meeting and public hearings before this board to commence at 7 . 30 p .m. and to be held at the Southold Town Hall , Main Road , Southold, New York . Southold Town Board of Appeals -19- November 14 , 1985 Regular Meeting Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PUBLIC 'HEARINGS FOR 'DECEMBER 5, 1985 : On motion by Mr . Doyen , seconded by Mr. Douglass , it was RESOLVED , that the following public hearings. be and hereby are scheduled to be heard commencing at 7 : 35 p .m. and as follows at the December 5 , 1985 Regular Meeting of th,.is .Board , and be: it FURTHER RESOLVED, that Linda Kowalski is hereby authorized and directed to advertise notice of same in the Suffolk Times and L . I . Traveler-Watchman accordingly : 7 : 35 p .m. ' 'EDWARD AND NORMA BURTON . Variance to locate accessory storage shed in an area other than the required rearyard . 12960 Main Road , East Marion . 7 :40 p .m. EMILIA T. PIKE. Variance for approval of insuffi - cient area of proposed Parcels 1 and 2 and insufficient frontage ( lot width) of Parcel 1 , in t_his. proposed division of land located at the north side of Main Road , Mattituck . 7 : 45 p .m. JAMES AND MARY TYLER . Special Exception to estab- lish and build public garage at 6795 Main. Road , _Laurel . 7 : 50 p .m. 'HOWARD AND 'BARBARA DILLINGHAM . Variance for approval of construction of greenhouse addition with insufficient setback from the south (easterly ) side line at not less than 16 feet and insuffici - ent total sideyards at not less than 31 feet . 1900 Aldrich Lane , Laurel . 7 : 55 p .m . LONG ISLAND SHORES; INC . Variance for approval of insufficient area of four proposed parcels and lot width of two parcels . N/s CR 48 , Greenport . 8 : 05 p .m. Recessed hearing of ST_AMATIOS AND ELENI RAPANAKIS . Appeal No . 3415. Variance to reinstate nonconform- ing two-family dwelling use . Boisseau Ave , Southold . 8 . 10 .p .m . GAIL DESSIMOZ AND MICHAEL RACZ . Variances : (a ) _for permission to expand existing nonconforming cabin [guest cottage without kitchen facilities ; (b) for permission to construct addition to non- conform'ing cabin within 100 ' of bluff along LI Sound . 4255 Hallock Lane , Mattituck . Vote of. the Board : Ayes : Messrs : - Goe-hringer , Grigonis , Doyen , Douglass and Sawicki . This. resolution was adopted by- unanimous Southold Town Board of Appeals -20- November 14 , 1985 Regular Meeting (Public Hearings for December 5 , 1985 , continued : ) vote of all the members . ADDITIONAL PUBLIC HEARING for' 12/5/85 : On motion by Mr . Doug- lass , seconded by Mr . Grigonis , it was RESOLVED , to schedule .:Appeal No . 3422 , application of ROBERT A . CELIC , Variance to establish access to and from Marlene Lane for off-street-parking which will be located liess than 50 feet from property abutting the Main Road , the nearest street intersection (Art. VII , Section 100-71 ) , at Mattituck , New York , for a public hearing to be held THURSDAY , DECEMBER 5 , 1985 at 8 : 25 p .m. Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Doyen and Sawicki . ( Chairman Goehringer abstained from vote . ) This resolution was adopted . . . : . UPDATE OF PENDING APPLICATIONS: The following matters were updated as to - their present .status , which are noted as follows : Appeal No . 3382 - MATTITUCK HARBOR ASSOCIATES . For approval of insufficient area of four lots . S/s New Suffolk Avenue , Mattituck . This matter is tentatively scheduled for public hearing 1 /9/86 . Appeal No . 3421 - ESTATE OF JOSEF ZIELON_KA. Variance to reinstate business use . N/s Main Road , Cutchogue . Await floor plans , parking plan , pre-CO , etc . Appeal No . 3411 - ANDREW FORKLAUD . Variance for approval of renovations/repair of accessory building . W/s Lipco Road , Mattituck . Await floor plans , Pre CO or other written report from Building Department and applicant. Appeal No . 3412 - CRAMER AND HERZWEIG . For approval of insufficient setback from wetlands . E/s Meadow Lane , Mattituck. Await Trustees ' action and SEQRA reviews . Appeal No . 3196 - V;IRG:INIA HAIRSTON . For approval of two lots with two existing houses - insufficient lot area and width . Carroll Road , Peconic . Await Pre-CO from applicant/Building Department . Southold Town Board of Appeals -21 - November 14 , 1985 Regular Meeting (Updated Reviews , continued : ) Appeal No . 3426 - GERALD DOROSKI . For 280A , approval of access , to lots in proposed subdivision . N/s CR 48 , Peconic . Await road engineer appointment and inspection/report. Appeal No . 3424 = ELEANOR LEONARD . For approval of insufficient lot area and width . Await DEC , Article VI and Pl Bd . Appeal No . 3418 - GRETCHEN HEIGL . For approval of insufficient lot area , width and 280-A. N/s Soundview Ave , Peconic . Await DEC , Planning Board , additional ROW and bluff information . Appeal No . 3354 - LONG ISLAND SHORES . For approval of insuffi - cient lot width . Await additional bluff and building envelope information . Await Soil Conservation District inspection/report . CR 48 , Greenport . Appeal No . 3395 - GARY DOROSKI . Rr.oposed swimmingpoolwith. insufficient setback from wetlands . Await DEC and Trustees actions . Monsell Lane , Cutchogue . Appeal No . 3403 - ANNA LORIA (Sujeski /Saba ) . For approval of insufficient lot area and width of lot to be set-off. Await County Health Department Article VI action . New Suffolk., Nevi: York . Appeal No . 3342 - PHILIP REINHARDT. Insufficient area , etc . Await County Health Article VI . Appeal No . 3371 - FLORENCE ROLLE . Insufficient area , etc . Await County Health Article VI and Planning Board . Appeal No . 3355 - PAUL CANALIZO . Proposed new dwelling with insufficient setback from wetlands , etc . ,E/s Meadow Lane , Mattituck . Await Trustees and DEC actions . Appeal No . 3299 - DOUGLAS MILLER . Insufficient area . Laurel Lake , Mattituck-Laurel . Await DEC and Co . Health . Appeal No . 3274 - BEST, SCHMITT, SYVERSON . Proposed division (three lots ) , Camp Mineola Road , Mattituck . Await County Health Art . VI , DEC & additional information . Appeal No . 3259 - NICHOLAS ALIANO . Business zone . Await Town �- Board application and further instructions as well . as PB and Village of Greenport contracts . .A t Southold Town Board of Appeals -22- November 14 , 1985 Regular Meeting (Updated reviews , continued: ) Appeal No . 3249 - .DONALD BRINKLEY . Insufficient area , etc . Await contour map , DEC , County Health and PB. Appeal No . 3214 - HANAUER & 'BAGLEY . Await map and DEC/County Health . Appeal No . 3183 - 'MARY CODE . Insufficient area , etc . Await DEC and PB applications . Appeal No . 3371 - LOIS LESNIKOWSKI . Insufficient area , etc . Await DEC. Appeal No . 3298 - PORT OF EGYPT . Business property . Await Town Board application under moratorium , site plan information , DEC ,. PB , County Health approvals . S/s Main Road , Southold . Appeal No . 3391 - BRUCE STAIGER. Public Hearing date request for April 1986 by applicants . Two merged parcels for re-separation with insufficient lot area and width . Cleared by County Health Department and DEC . S/s Wells -Road , Peconic . Application for LOIS THORP . Incomplete as of this date . Variance proposed for insufficient lot area , etc . Appeal No . 3389 - THEODORE PETIKAS . Held under moratorium restriction . No further processing until Town Board application/action is given . B-Light Zone . There being no other business properly coming before the board ' at. this time , the Chairman declared the meeting adjourned . The meeting was adjourned at 9 : 35 p .m. Respectfully submitted , Linda F . Kowalski , Secretary Southold Town Board of Appeals A, roved - 1 /9/ 6 R'ECEIVED AND FILED BY /Gerard P . Goehringer ;/, Chairman ME SOUTIiOLD TOE, N CLERZ DINE f 113��G OUR v, 4)14�. Town glerlciown of Southold