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HomeMy WebLinkAboutZBA-10/03/1985 a/ + 1 1 - �oS�FFo��oG 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 THURSDAY , OCTOBER 3 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , October 3 , 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. ; Robert J . Douglass ; and Joseph H. Sawicki , constituting four of five members of the Board of Appeals . Absent was : Serge Doyen , Jr. , Member , of Fishers Island due to bad weather conditions . The Chairman opened the meeting at 7 : 30 p .m. and proceeded as follows : ENVIRONMENTAL DECLARATIONS : On motion by Chairman. Goeh- ringer , seconded by Member Grigonis , it was RESOLVED, to declare the following Environmental Declarations which will have Negative Adverse Effects to the Environment for each project as proposed and 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' allopted July 25, 1978 , Chapter 44 of the Town of Southold : Appeal No . 3401 - PETER AND HELEN PURIC (continued on next page ) ` T Southold Town Board. of ,Appeals -2 October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3401 PROJECT NAME: PETER AND HELEN PURIC 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 j ] DESCRIPTION OF ACTION: Variance for proposed addition reducing sideyard total to less than 25 feet and reduction of northerly sideyard area . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1250 Second Street ,_ New Suffolk , N.ew • Y.ork . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area . f t Southold Town Board of Appeals -3- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3398 PROJECT NAME: JANE WREN 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: [ .1 Type II [X ]. Unlisted [ ] DESCRIPTION OF ACTION: Variance to expand nonconforming building by more than 50% of fair value . LOCATION OF PROJECT: Town of .Southold, County of Suffolk, more particularly known as: 3355 Soundview Avenue , Ma.ttituck ,. New. York . 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) Construction as proposed is landward of existing structures ; (3 ) The proposed constr.uction . is more than 300 feet from the tidal wetlands area along the - Long Island Sound . Southold Town Board of Appeals -4- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination ! of Non-Significance APPEAL NO. : 3395 PROJECT NAME: WILLIAM NEDOSZYTKO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: ['X] Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval -of insufficient lot width in this proposed set-off division pending before the Planning Board. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3475 Aldrich Lane , Mattituck , New York. REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is a lot-line variance not directly related to new construction by this application . (3 ) The property in question is not located within 300 feet of tidal wetlands . Southold Town Board of Appeals -5- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3397.. PROJECT NAME:' 'DONALD AND JUD.ITH LUCHSING.ER 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: Variance to :.con'struct addition w-ith a setback of less than 75 feet . from wetlands . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 820 Lupton ' s Point , Mat.tituck , ..New York . 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) Construction proposed is landward of existing bulkhead . Southold Town . Board of Appeals -6- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3391 PROJECT NAME: HOWARD HOEY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or"agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: [X] Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient area and width in this proposed division pending before the Planning Board . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Road , Orient , New York . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is a lot-line variance not directly related to new construction by this application . (3 ). The property in question is not located within 300. feet of tidal wetlands . ---- --- - Southold Town Board of' Appeals -7- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3392 . PROJECT NAME: 'PHILIP G. HO.RT.ON This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 .of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to. have. a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE- OF ACTION: [,X.] Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval- of .insufficient and width of "parcel in this proposed set-off --divisi.on pending before the Pl anni n_g. .Board.. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: . South Side of ,Ma_.i n_ Road , _Peconi c ,.. New York . 1000-8.5-3-5 . REASON(S) SUPPORTING THIS DETERMINATION: (1) . An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands . (3-) This project-:is not directly related to new construction by this application . __ Southold. Town. Board of Appeals -8- October 3 , 1985 Regular Meeting (Environmental Declarations , continued : ) Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 7 : 41 p .m. Appeal No . 3401. , The . public hearing was opened in the Matter of _P_ETE_R AND 'HELEN 'PURIC._.-for a variance to Article III , Section 100-31 for permission to construct : addition with reduction in totdT s.ideyard area at 1250 Second Street , New Suffolk , New York . 1000-117-07-23 . The Chairman read the letter in the file received today requesting a .postponement in order to allow time for the applicant ' s. to obtain a determination from the Building Inspector as to compliance with the lot coverage requirements . No..one :wi,sheo;rto �:be .heard in the audience at this time, and the board took the following action : On motion by Mr . Goehringer., seconded by Mr . Grigonis, it was RESOLVED , to recess Appeal No . 3401 , PETER AND HELEN 'PURIC until the_ next Regular Meeti. ng_ of Thursday; October1985 . Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 7 :46 p .m. Appeal No . 3398 . The public hearing was opened in the Matter of 'J-ANE_ MATALENE WREN for a_ Variance to Article XI , Section 100-118 ( E for permission to expand nonconforming build- ing by more than 50% of fair value at 3355 Soundview Avenue , Mattituck , New York . William Berliner was present and spoke in behalf of the application (see verbatim transcript prepared under separate cover , also filed with the Town Clerk ' s Office ) . For the record it is mentioned that there was _no public opposition . Following the hearing , the board took the. following action : On motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to conclude the hearing until after the 15-day SEQRA period in the Matter of Appeal .No . 33.98 , JANE WREN , after which time a decision would be rendered . — Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Douglass and Sawicki . (Member Doyen' of Fishers Island was absent Southold Town Board of Appeals . - 9- October 3 , 1985 Regular Meeting (Hearing resolutions , continued : ) [Appeal No . 3398] duelto bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 7 : 55 p .m. Appeal - No . 3395 . The public hearing was opened in the Matter of 'WILLIAM NEDOSZYTKO . ' Variance for approval of insuffi - cient lot widt of parcel to_ be set-off of 80 ,000 sq . ft . from 27 . 934-- acres . W/.s Aldrich Lane, Mattituck., New York . County Tax Map Parcel No . 1000-.124-1 -2 . William Wickham ; Esq . spoke in behalf of the applicant ; : see verbatim transcript prepared and filed with the To.wn Clerk ' s Office under separate cover . Follow- ing testimony , the board took the following action : On motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to close (conclude ) the hearing and reserve decision in the Matter of Appeal No . 3395 , Application of WILLIAM NEDOSZYTKO . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 8 : 03 p .m . Appeal No . 3397 . A public hearing was opened in the Matter of DONALD W. AND JUDITH L . LUCHSINGER. Variance to construct addition to dwelling with insufficient setback from ordinary highwater mark along Deep Hole Creek , 820 Lupton Point Road , Mattituck , New York . Gary Flanner Olsen , Esq . spoke in behalf of the application and Mr . Luchsinger was present . (See verbatim transcript for statements which has been prepared and filed with the Town Clerk ' s Office under separate cover . ) Following testimony , the board took the following action : On motion by Mr. Goehringer , seconded by Mr . Douglass , it was RESOLVED , to conclude the hearing and reserve decision until a later date in the Matter of DONALD W. AND JUDITH LUCHSINGER , Appeal No . 3397 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . Southold Town Board of Appeals - 10- October 3 , 1985 Regular Meeting (Hearing resolutions, continued : ) 8 : 15 p .m. Appeal No . 3391 . A public hearing was held and opened at 8.: 15 p .m.. in the Matter of HOWARD 'HOEY , variance for approval of insufficient lot area and width of _parcels located on the _South Side. of Main Road , Orient, New York . The public hearing was reconvened from the August 22, 1985 public hearing as requested by applica_nt' s. attorney. Samuel J . Glickman , Esq . appeared and spoke in behalf of .the_. application.. No pudli:t . opposi - tion was received . (See v_erba_tim tra_n_script for statements made prepared and filed under separate cover with the. Town Clerk ' s Office . ) Following testimony , the board "'took the following action : On motion by Mr. Goehringer... seconded by Members Sawicki', and Grigonis , 'it' was RESOLVED, to close ( conclude ) the hearing and reserve decision in the Matter of Appeal No . 3391 , Application of HOWARD HOEY . Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Douglass anal Sawicki. . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 8 : 17 p .m. Appeal No . 3392 . A public hearing was held at 8 : 17 p .m . in the Matter of PHILIP G . HORTON . Variance. for approval of insu_fficient ' lot area .and width. Property zoned for "B-l " and "A" located at the South Side of Main Road , Peconic (adjoining Klos. ' Auto Body on the west side ) . Michael J . Hall , Esq . appeared and spoke in behalf of the application . No public opposition was received . ( For statements made , please see veratim transcript prepared under separate cover and filed with the Town Clerk 's Office for reference . ) Following testimony , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED, to close (conclude ) the hearing and reserve decision until a later date .in the Matter of 'PHILIP G. HORTON , Appeal No . 3392 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members. present . Southold Town Board of Appeals -11 - October 3 , 1985 Regular Meeting (Hearing resolutions , continued : ) 8 : 25 p .m . Appeal No . 3389 . A public hearing was held at 8 : 25 p .m. in the Matter of THEODORE AND MARIE PETIKAS . Variance to use entire parcel for " B-Light" Zone . West Side of Sound Road and North Side of Main Road , Greenport . Premises zoned partly "A" and " B-Light . " After introducing the particulars of the application , the Chairman did not open the hearing for public comment and the following action was taken due to the recent Local Law #14- 1985 (Moratorium ) concerning business properties [see verbatim trans- cript prepared under separate cover and filed with the Town Clerk ' s Office for reference] : On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED, to recess the hearing in the Matter of Appeal No . 3389 of 'THEODORE AND MARIE PETIKAS to an unscheduled date in the future pending Local Law #14-1985-Moratorium on Business and Industrial Zoned Properties ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . CORRESPONDENCE : Appeal No . 2922 . FRANK E . BROPHY . .Bui 1 di ng Inspector Edward Hi ndermann adVi,ses"-i.he?uhas wr_i tten a permit for the construction of a rear addition , however , asks whether a variance is necessary under Condition No . 2 of Appeal No . 1597 dated 6/20/72 pertaining to lot coverage . After discussing the particulars of the prior decisions and the circumstances of Mr . Brophy ' s requests , the board took the following action concerning request (b ) : On motion by Mr . Goehringer, seconded by Mr . Grigonis , it was RESOLVED , that any change of construction concerning the relief granted under Appeal No . _2922 and any construction which would affect the 20% lot coverage limitations and any other limitations of the zoning code , or change which would affect the prior conditions.-.rendered by this Board , will require a formal application for Board of Appeals ' consideration prior to the issuance of .a building permit . Vote of the Board : Ayes : Messrs . Goehringer, Grigonis, Southold Town Board of Appeals -12- October 3 , 1985 Regular Meeting (Appeal No . 2922- FRANK E . BROPHY , continued : ) Douglass , and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . Consultation concerning the withdrawal request from town counsel ts. pending at this time . APPROVAL OF MINUTES : On motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , to approve the Minutes of the September 12 , 1985 Regular Meeting as submitted . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island . was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . PUBLIC HEARINGS FOR OCTOBER 24 , 1985 : On motion by Mr . Douglass , seconded y Mr . Goehringer , it was RESOLVED , that the following matters be and hereby are scheduled for public hearings to be held at the next Regular Meeting of this board , to wit: THURSDAY , OCTOBER 24, 1985 , commencing at 7 : 30 p .m . and be i:tl FURTHER RESOLVED, that Linda Kowalski , Secretary , be and. hereby is authorized and directed to publish notice of same in the local and official newspapers of the town , to wit : Suffolk Times and Long Island Traveler-Watchman , Inc . , at least five days prior theretd : :,..:. 7 : 35 p .m.. Appeal No . 3410 - CLIFFORD CORNELL . 7 : 40 p .m . Appeal No . 3404 - JOHN HAAS. 7 : 45 p .m. Appeal No . 3413 = ANTONE GRIGONIS , JR. 7 :50 'p :m . Appeal No : 341 PETER AND HELEN PURIC . 7 : 55 p .m. Appeal No . 3401 - PETER AND HELEN PURIC (recessed from tonight ) . 8 : 00 p .m. Appeal. No . 3405 - STAMATIOS AND ELENI RAPANAKIS . 8 : 05 p .m . Appeal No . 3414 - FRED SCHOENBAECHLER . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of -Fishers Island was absent due to bad weather conditions . ) This resolution was adopted -by unanimous vote of the members present . Southold Town Board of Appeals =13- October 3 , 1985 Regular Meeting PENDING DECISION : Appeal No, 3386 : Application of NICHOLAS TSIRKAS , 3504 208th Street , Bayside , NY 11361 , for a Variance to the Zoning rdinance , Article XI , Section 100-119. 2 (A) [1 ] for permission to locate proposed dwelling with an insufficient setback from edge of the bank along the Long Island Sound. Location of Property : North Side of Sound Avenue , Greenport , NY ; Eastern Shores Subdivision Map 4586 , Lot 113 ; County Tax Map District 1000 , Section 33 , Block 01 , Lot 11 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held .and concluded on August 22 , 1985 in the Matter of the Application of NICHOLAS TSIRKAS under Appeal No . 3386 ; 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 . By this application , appellant requests permission to locate a new single-family dwelling with attached rear deck with a setback from the edge of the bank along the Long Island Sound at 35 feet , from the southerly (front ) property line along Sound Drive at 35 feet , from the westerly (side ) property line at 10 feet , and from the easterly (side ) property line at 15 feet . 2 . The premises in question is identified on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 1 , Lot 11 , contains an area of 25 ,250 sq . ft . and lot width of 100 feet . 3. Article XI , ' Section 100- 119. 2 , ' sub-paragraph A(2 ) requires all buildings located on lots adjacent to Long Island Sound to be . set back not less than one-hundred ( 100 ) feet from the ordinary highwater mark of Long Island Sound . 4 . The dwelling proposed by this application is of a size 47 ' deep by 67 feet wide , and as sketched on survey amended April 3 , 1985 appears to meet all other zoning setback and other requirements of the code . 5 . The board agrees with the reasoning of the Suffolk County Southold Town Board of Appeals -14- October 3 , 1985 Regular Meeting (Appeal No . 3386 - NICHOLAS TSIRKAS , continued : ) Soil and Water Conservation District and the U . S . Department of Agriculture , Soil Conservice Service Department , that by locating the dwelling 35 feet from the edge of the bluff, during heavy rains the soil will become saturated and this and additional weight may cause the face of the bluff to slide , endangering the dwelling , as well as any other structures . (See letters dated September 30 , 1985) . In considering this appeal , the board finds and determines : (a ) that this proposed is not consistent with those generally exist- ing in the neighborhood since the existing dwellings are set back substantially farther from the bluff; (b ) the relief requested is substantial in relation to this zoning requirement , being 65% of a variance ; (c ) that by allowing the variance as applied , there will be a substantial change in the character o.f the district since it would set a precedent ; (d) that the safety of the occupants of the dwellingas proposed will be endangered; (e ) that the interests of justice will not be served by allowing the variance as applied . Accordingly , on motion by .Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appeal No. 3386 for a setback of 35 feet from the bluff area along the Long Island Sound in the Matter of the Application of NICHOLAS TSIRKAS , be and hereby IS DENIED WITHOUT PREJUDICE . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was adopted by unanimous vote of the members present . PENDING DECISION : Appeal No . 3394 : Application of STEVEN EGGERS, 6675 Nassau Point Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 (B ) for permission to construct bath-storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark ) , at 6675 Nassau Point Road , Cutchogue , NY; Nassau Point Filed Map No . 156 , Lot 48 ; County Tax Map District 1000 , Section 111 , Block ' 15 , Lot. 7 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on September 12 , 1985 , in the Matter of the Application of STEVEN EGGERS, Appeal No . 3394; 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 publi.c. opposition ; and Southold Town Board of Appeals -15- October 3 , 1985 Regular Meeting (Appeal No . 3394 - STEVEN EGGERS , decision , continued : ) WHEREAS , the board made the following findings of fact: 1 . By this application , appellant requests permission to locate a 12 ' by 16 ' accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach , boating , fishing and similar items . 2 . The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead , which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead , upon which existed previously a 15 ' by 15 ' storage structure . 3. The parcel in question is located in the "A-40" Residential and Agricultural Zoning District , contains an area of 41 ,500 sq . ft . and is known as Lot No . 48 on the "Amended Map A, Nassau Point Club Properties , Inc . , " identified on the Suffolk County Tax Maps as District 1000 , Section 111 , Block 15 , Lot 7 . 4 . Existing upon the premises are a 12-story frame house accessory swimmingpool , and accessory garage , all as shown on survey amended June 22 , 1984 , prepared by Roderick VanTuyl , P . C . 5 . Article XI , Section 100-119 . 2 ( B ) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body , or not less than 75 feet from the landward edge of the tidal wetland , whichever is greater . 6 . It is the opinion of the board that the building loca- tion proposed is not unreasonable , particularly since there are bulkheads seaward of this proposed location and since the eleva- tion is more than 50 feet above mean sea level . In cons.idering this appeal , the board finds and determines : (a ) that the relief requested is not substantial under the circumstances ; (b ) . that by allowing the variance as condition- ally noted below , there will not be a substantial change in the character of the district ; (c ) that the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed business use and its location ; ( d) that the circumstances are unique ; (e ) that the interests of justice will be served by allowing the variance as conditionally noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that permission to locate a 12 ' by 16 ' accessory storage building BE AND HEREBY IS APPROVED in the Matter of Southold Town Board of Appeals -16- October 3 , 1985 Regular Meeting (Appeal No . 3394 - STEVEN EGGERS , decision , continued : ) Appeal No . 3394 , in the Application of STEVEN EGGERS SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities ; 2 . That the accessory structure be a minimum of three (3 ' ) feet from the upper bulkhead shown on the survey amended June 22 , 1984 , prepared by Roderick VanTuyl , P . C . and 25 ' minimum from the northerly property line ; 3 . There be no lighting which will be adverse to other properties . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to weather conditions . ) PENDING DECISION : Appeal No . 3390 : Application of RICHARD AND DIANE ALLEN for a Variance to the Zoning Ordinance , Article III , Section -3 , Bulk Schedule , for permission to construct new one-family dwelling with an insufficient rearyard setback. Location of Property : Private right-of-way located off the South Side of Indian Neck Road , Peconic , NY ; County Tax Map District 1000 , Section 98 , Block 5 , Lot 17 . 2 ; Lot #3 of Minor Subdivision No . 141 approved 11 -27-78 . Following deliberations, the board took the following action : WHEREAS , a public hearing was held and concluded on September 12 , 1985 , in the Matter of the Application of RICHARD AND DIANE ALLEN , Appeal No . 3390 ; 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 . By this application , appellant requests permission to locate a new single-family dwelling having an insufficient rearyard setback from the easterly property line at 46 feet . Southold Town Board of Appeals -17- October 3 , 1985 Regular Meeting (Appeal No . 3390 -. RICHARD AND DIANE ALLEN , decision , continued : ) 2 . The property in question is known as Lot #3 on the Minor Subdivision Map of Meyer Rosenberg approved by the Southold Town Planning Board on November 27 , 1978 , and is located on the east side of a private right-of-way located off the south side of Indian Neck Road , Peconic . 3. The premises in question contains a total area of 1 . 267 acres and is presently vacant. 4 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum rearyard setback of 50 feet for new prin- cipal buildings , and the applicant is requesting a variance of four feet for a 46-foot setback , or a variance of eight percent. .5 . It is the opinion of the board that the relief requested is the minimum necessary under the circumstances and that it is the location of the right-of-way that lends to the difficulties of building on this parcel . In considering this appeal , the board finds and determines : (a) that the relief requested is not substantial under the circum- stances , being eight percent of a variance of the requirements ; (b ) that by allowing the variance there will not be a substantial change in the character of the district ; (c ) that the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed business use and its location ; (d ) that the circumstances are unique ; (e ) that the interests of justice will be served by allowing the variance as applied . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Goeh- ringer , it was RESOLVED , that permission BE AND HEREBY IS GRANTED AS APPLIED UNDER APPEAL NO . 3390 in the Matter of the Application of Richard and Diane Allen , to construct a new single-family dwelling with an insufficient rearyard setback from the easterly property line at . 46 feet . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of, Fishers Island was absent due to weather conditions . ) This resolution was adopted by unanimous vote of all the members present . Southold Town Board of Appeals - 8-- October 3 , 1985 Regular Meeting MORATORIUM-EFFECTED APPLICATIONS : On motion by Mr . Goehringer , seconded by Mr . Sawicki , i.t was RESOLVED, that the following applications be held in abeyance pursuant to the recent enactment of Local Law #14-1985, Moratorium Concerning Business Properties , until further notice from the Southold Town Board : Appeal No . 3409 - CHARLES SEAMAN . B-1 Zone . Freight of shellfish from boats oc e . ill Road , Mattituck . Spec . Exc . Appeal No . 3408 - CHARLES SEAMAN . B-1 Zone . Variance to permit freight of shellfish from boats . Mill Road , Mattituck . Appeal No . 3400 - JAMES AND MARY TYLER. "B-l " Zoning District . North Side of Main Road , Laurel . Special Exception to build and operate public garage for repairs of vehicles . Proposed Zoning Amendment : LB . Appeal No . 3407 - FRANK AND DIANE AMMIRATI . "C-Light Indus- trial " Zoning District . East Side of Love Lane , Mattituck . Special Exception to convert existing building for retail sales of take-out , prepared foods and specialty items , as well as catering service in conjunction with single-family residential use . Proposed : "LI . " Appeal No . 3298 - PORT OF EGYPT ENTERPRISES , INC . . "C-Light Industrial " Zoning . File incomplete as of 10/84 . S/s Main Road , Southold (Fishing Station ) . Variance for 40Hunit motel with present fishing station uses . Proposed : MB . Appeal No . 3259 - NICHOLAS ALIANO . " B-Light" Zoning District . S/s Main Road , Greenport east of 7-11 ) . Special Exception to construct four 2-story motel buildings , 10 units each , for a total of 40 units . Public Hearing in "open recess " since 7/84 pending contract with Village of Greenport and input or comments from the Town Planning Board . Appeal No . 3389 - THEODORE AND MARIE PETIKAS . "B-Light" Zone . W/s Sound Avenue and N/s North Road , Greenport . Variance to expand business zone , premises partly "A" and partly "B-Light . " Public Hearing in "open recess " pending moratorium or further notice from Town Board and applicant . Proposed : ? Appeal No . 3206 - HENRY P . SMITH . "B-1 " Zoning District . W/s Peconic Lane , Peconic . Variance for insufficient lot area with multiple uses (shopping center ) . Public Hearing in "open recess " as requested by attorney since 9/84 . Southold Town. Board of .Appeals -19- October 3 , 1985 Regular Meeting Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . OTHER MATTERS REVIEWED AND UPDATED: Appeal No . 3354 - LONG ISLAND SHORES . Variance for approval of insufficient area and width of four proposed parcels . DEC and PB comments or action received . Board to field inspect and _review on October 24th as to setting up for public hearing date and SEQRA. Appeal No . 3404 - JOHN HAAS . Accessory building in frontyard . N/s C . R . 48., Mattituck . Board to fie,ldiinspect prior to hearing date of October 24th . Appeal No . 3405 . - STAMATIOS RAPANAKIS . Reinstate two-family use . E/s Boisseau Avenue , Southold . Board to field inspect prior to hearing date of October 24th . Appeal No . 3406 - RICHARD DUCHANO . Variance for insufficient area and lot width . S/s Champlin Place and N/s Bridge Street , Greenport . Await Planning Board coordination prior to scheduling for public hearing . Appeal No . 3410 - CLIFFORD CORNELL . Variance for proposed new dwelling with an insufficient rearyard setback . Flint Street , Greenport . Board to field inspect prior to hearing date of October 24th . Appeal No . 3411 - ANDREW FORKLAUB . Variance for renovation of nonconforming building multiple-dwelling uses on parcel ) . W/s LIPCO Road , Mattituck . Board to field inspect prior to scheduling for public hearing . Appeal No . 3412 - THOMAS CRAMER AND BENJAMIN HERZWEIG . Variance to construct new dwelling with insufficient setback from wetlands . E/s Meadow Lane , Mattituck . Await Town Trustees action and referral to Soil Conservation Service for comments . Appeal No . 3413 - ANTONE GRIGONIS , JR . for approval of access . ROW off the. Old North Road , Southold . Board to field inspect prior to October 24th hearing date . Southold Town Board of Appeals -zg- October 3 , 1985 Regular Meeting (Updated Reviews : ) Appeal No . 3414 - BERTANI/SCHOENBACHLER . New dwelling constructed with insufficient frontyard setback from Gagen ' s Landing Road , Southold . Board to field inspect prior to October 24th hearing date . Appeal No . 3402 - EMILIA PIKE . Inusfficient area and width . Planning Board comments expected next week . Board to review and field inspect prior to setting up for public hearing date . Tentative hearing date reserved for November 14th . Appeal No . 3392 - MATTITUCK HARBOR ASSOCIATES . Subdivision off S/s New Suffolk Avenue , Mattituck. Await SEQRA inspections by board prior to scheduling for hearing date on variance . Appeal No . 3196 - WALTER HAIRS TON :: Two existing dwellings , proposed division into two lots . Carroll Avenue , Peconic . Await copy of Pre-CO and Planning Board coordination . , Appeal No . 3402 - ANNA LORIA. Insufficient area and width of proposed division at First Street , New Suffolk . Await County Health Article VI approval and Planning Board coordination . Appeal No . 3396 - GARY DOROSKI . Insufficient setback for proposed pool from wetlands . Monsell Lane , Cutchogue . Await Town Trustees and DEC action . Appeal No . 3391 - C . BRUCE STAIGER . Insufficient area and width in this proposed re-separation of two parcels at the S/s Wells Road , Peconic . Await DEC action and PB coordination . County Health Article VI favorable reply received . Possible hearing date of November 14th if DEC and PB received before advertising deadline . The Secretary was instructed to hold the above matters in abeyance without a hearing date pending receipt of the items noted . 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 : 30 p .m. Respectfully submitted , South c.t',df,f- EbakWY Aff,6by / pproved - 11 / /85 f/ DATE �,/�s/�s HOUR Town Cle"i'g; rs'O-,FIr! C;r S. Li' 1(J_