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HomeMy WebLinkAboutZBA-08/08/1985 sJ 1 oLI(�o� Southold TownBoard of A eals 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 AUGUST 8 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , August 8 , 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. ; Joseph. H . Sawicki ; and Robert J . Douglass , constituting all five members of the Board of Appeals . Also present were Victor Lessard , Building-Depart- ment Administrator , and approximately 15 persons in the audience at the opening of the meeting . The Chairman called the meeting to order at 7 : 30 p .m. and proceeded with the first public hearing on the agenda , as follows : 7 : 30 p .m.. Appeal No . 3378 - Public Hearing was held in the Matter of the Application of MARK A. SQUIRES FOR A Variance to construct swimmingpool on vacant parcel located at the East Side of Vanston Road , Cutchogue , Nassau Point Club Properties , Section D , Lot 356 . The Chairman read the legal notice of hearing and appeal application . Mrs . Cathy Squires was present and spoke in behalf of the application . It is noted that no objections were entered in the record. The verbatim transcript of this hearing has been prepared under separate cover and filed simultaneously 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 RESOLVED , to close (conclude ) the hearing pending deliberations . — Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Southold Town Board of Appeals -2- August 8 , 1985 Regular Meeting (Appeal No . 3378 - MARK A. SQUIRES, continued : ) Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . (A decision was not rendered at tonight ' s meeting . ) 7 :45 p .m. Appeal No . 3380 - Public Hearing was held in the Matter of the Application of GEORG_E AND DORIS SULLIVAN for a Variance for an accessory storage_. bu.ilding in the easterly side- yard area at the South Side of Sandy. Beach Road , Greenport , New York . The Chairman read the legal '-notice of hearing and appeal . ..application . Mrs . Sullivan was present and spoke in behalf of her application . It is noted for the record that no objections were entered . . -:The. verbatim transcript of this hearing has been prepared under separate cover and filed simultaneously with the Town Clerk ' s Office for reference . Following the hearing , the board took the following action : On motion by Mr. Goehringer, seconded by Messrs . Douglass and Grigonis , it .was:.;:.,_. RESOLVED, to close (conclude ) the hearing pending deliberations . Vote of the Board Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 7 : 48 p .m. Appeal No . 3381 - Public Hearing was held in the Matter of the Application of OTTO ZAPF for a Variance f.or ::an : bcces- sor.y . bui.ldi.ng : in the..frontyardl.area.y__ pr.oper:ty..'Ibcated :al.ong,ja private right_-of-way off the North Side of Main Road , Orient , New York . The Chairman read the legal notice of hearing and appeal _application . Eric;ABressler , Esq . was present and spoke in behalf of the app lication . Also present was Mr. Horton , builder for Mr . Zapf. _ (See verbatim transcript of hearing filed under separate cover .with the Town Clerk ' s Office for reference herewith . ) It is noted that no objections were. received for the record . 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 pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , -- Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -3- August 8 , 1985 Regular Meeting 7 : 55 p .m. Appeal No . 3377 - Public Hearing was held in the Matter of the Application of NICHOLAS IPPOLITO for a Variance as to insufficient lot area of two parcels , each with an existing single-family dwelling at the West and East Sides . of Carole Road , Southold , New York . The Chairman read the. legal notice of hearing and appeal application for the record . Gary Flanner Olsen , Esq . and Lance Larsen were present and spoke in behalf of the applica- tion . Submitted at the hearing were : (a ) August 8 , 1985 , Real Estate Report of Larsen Appraisal Services for this property ; (b) copy of letter to Howard Terry, .prior Town Building Inspector, dated July 15, 1975 ; - (c) copy of - letter from Howard Terry, prior Town. Building Inspector,. to Gary F . Olsen , Esq . dated July 16; 1975; (d) copy of Suffolk County Tax Map ;:b,f,.:the ahea .:i.n. questi.bn ; Opposi_tion__ was received from Mrs . Smulcheski , a property owner along the East Side of Carole Road . (See verbatim_ transcript o_f thi.s hearing prepared un der. separate cover and simultaneously filed herewith at the Town Clerk ' s Office for reference . ) 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 pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and. Sawicki . This. resolution was adopted by unanimous vote of all the members . 8 : 12 p .m . Appbal No . 3348 - Public Hearing was held in the Matter of the Application for CHARLES P . SIMMONS for a ,Variance as to insufficient lot width of two parcels in . this four-lot division. at the North Side of Sound Avenue , Mattituck , 'New York . The Chair- man read the legal _notice of hearing and appeal application for the record . Eric Bressler , Esq . and Mr . Simmons were present and spoke in behalf of the .application . It is noted that no one spoke against this application during the hearing . (See verbatim transcript of hearing filed under separate , cover with the Town Clerk ' s Office for reference herewith . ) Following the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was RESOLVED, to close (conclude ) the hearing pending deliberations and subject to .Planning Board action on the right-of-way for improvements under 280-A. Vote of__the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Southold Town Board of Appeals -4- August 8 , 1985 Regular Meeting (Appeal No . 3348 - CHARLES P . SIMMONS , continued : ) Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 8 : 30 p .m. Deliberations . Appeal No . 3363 - Pending Decision in the Matter of MARION KING . Paul Caminiti , Esq . del.ivered' a letter to the Board of Appeals this appeals this afternoon from his client, Mrs . King , indicating that she would be in agreement with a temporary conditional variance if the board felt it i.,s necessary. X-few of_ the _board members asked for an opinion from the Town Attorney in. this regard. No decision was made at this time . (This matter. will be deliberated upon at the next Regular Meeting,oWhich will be before August 24th . ) NEW PUBLIC HEARINGS FOR AUGUST 22 , 1985 : In reviewing the new applications pending , motion was made by Mr. Douglass , _ seconded by Mr ._. Goehrin9er, that it be RESOLVED, that the following applications be and hereby are scheduled to be held for_ public hearings at the next Reg.ular Meeting of this board, to _wit.: THURSDAY, AUGUST -22 ; '1 985 , to be hel d at the Southold Town Hall , Main Road, Southold; New York, and it be further RESOLVED, that the Secretary , Linda Kowalski , is hereby authorized and directed to advertise notice of_ same pursuant to law in_ the local and official newspapers of the town, to wit : Suffolk Times , Inc . and the Long Island Traveler-Watchman , Inc . : 7 : 30 p .m. ' HOWARD HOEY - Variance for approval of parcel having insufficient area and lot width in. this. proposed division of land located at the South Side of Main Road, Orient, NY;__ County Tax Map District 1000 , Section 19, ' Block 01 , Lot 14 ( 14_. 1 ) , 7 :35 p .m. ESTATE OF 'LELAND B. FRASER - Variance for permission to co.nvey .6 , 196± sq . ft . of land to Subdivision Lot #125 and 9,300± sq . ft . of land to Subdivision Lot #128 , which will reduce the remaining parcel (consisting partly of Lots #126 and #127 ) to an area of 49 , 716± sq . ft . in. area .and lot width of 161 . 57± feet . Location : West Side of Nassau Point Road , Cutchogue . 7 : 40 p .m. ' GEORGE AND ALICE GLOGG - Variance for permission to construct addition_, which exceeds 50% of the fair value of the existing nonconforming building . Loca- ti_on of Property : 11255 Sound Avenue , Mattituck , NYC Southold Town Board of Appeals -5- August 8 , 1985 Regular Meeting (Public Hearings for 8/22/85 , continued : ) 7 :45 p .m. JOHN MITSINIIKOS AND OTHERS , 72A Nassau Point Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to construct tennis court in front- yard area and fence in excess of four-feet in height as restricted by Article XI , Section 100-119 . 1 . Location of Property : 7120 Nassau Point Road (a/k/a 150. Bridge Lane ) , Cutchogue , NY ; Co..unty .Tax Map District 1000 , Section 111 , Block 15 , Lot 4 . 1 (4 & 5 ) . 7 : 50 p .m . ' NICHOLAS TSIRKAS - Variance for permission to locate proposed dwelling with an insufficient setback from edge of bank . along the Long Island Sound . Location : 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 . 7 : 55 p .m. PAMELA J . SELLARS - Variance for permission to construct attached garage addition with an insufficient easterly sideyard setback and insufficient total sideyard . Location of Property : South Side of Westview Drive , Mattituck , NY ; . County Tax Map District 1000 , Section 139, B1ock ' 01 , Lot 23 . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution wa,s adopted by unanimous vote of all the members.. APPROVAL OF SPECIAL EXCEPTION ANNUAL RENEWALS : On motion by Mr . Goe_.hringer ,_ seconded by Mr .- Grigonis , .it was. RESOLVED, to approve the following special exception permits for a period of ONE YEAR COMMENCING FROM THE 'DATE 'HEREOF and subject to the Federal Highway Beautification Act and Funding Laws for Highways , as may be applicable : Archeological Association of NY No . 1493 Beachcomber Motel Nos . 1664 , 1669 Caberon Properties , Inc . No . 1615 Cedar Beach Park Association No . 936 Dawn Estates No . 977 Eastern Long Island Kampgrounds No . 2375 Mattituck Lions Club No . 1285 Fleet Lumber , Inc . No . 1067 Goldsmith ' s Boat Shop, Inc . No . 1166 Greenport Methodist Church No . 2572 , 2571 , 2573 Philip Loria No . %005 Southold Town Board of Appeals -6- August 8 , 1985 Regular Meeting (Special Exception Annual Renewals , continued : ) Richard MacNish No . 1003 Manor Grove Corp . No . 963 Mattituck Lions Club No . 1285 Mattituck Plumbing and Heating Corp . No . 935 George Mostupanick No . 890 Mr. and Mrs . C. Norklun No . 2726 John A. Polywoda No . 2432 Pond Enterprises., 'Inc . No . 2064 -Rev . Al an -J .' P1 aca, 'Di rector No . 926 Raynor- and---Suter Hardware No-, 962 Harold R. Reeve & Sons No-. 999 Reydon:.Shores' Property. Owners Assn . No-. 937 Dorothy Robertson , Brown.l s. Hj.l 1 s. Ests . No . 920 Southold Savings Bank No . 968 Souithold Town Democratic Committee No . 2619-2626 Volinski Olds No . 14764 1477 We-1 l s Pontiac-Cadillac , Inc . No . -2075 - Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by-_. unanimous vote of all the members . 'ENVIRONMENTAL DECLARATIONS : On motion by Mr. Goehringer , seconded by Mr . Douglass ', it was RESOLVED, to declare the following Environmental Declarations 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 : Appeal No . 3378 - MARK SQUIRES (continued on page 7 ) 1 Southold Town Board of Appeals -7- August 8, 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAI, DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3378 PROJECT NAME : Mark Squires:.. 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 [ Unlisted [ ] DESCRIPTION OF ACTION• Permission to construct an inground pool as principal use on property. LOCATION OF PROJECT:. Tc�;--.o7f. Sht�.trh:;-lf';.-,:;^^��n1�,-,rof, Suffolk, more particularly known as: Vanston Road, Cutchogue, NY. 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. Southold Town Board of Appeals -8- August 8, 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATIOI Notice of Determination of Non-Significance APPEAL NO. : 3380 PROJECT NAME : George and Doris Sullivan 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 ' Unlisted [ ] DESCRIPTION OF ACTION: construct accessory structure in side area permitted in rear yard only LOCATION OF PROJECT: Tom of Southold, County of, Suffolk, more particularly known as: Sandy Beach 'Road , Greenport 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 proposed building for which this use us intended would be landward or near existing buildings. 1 Regular Meeting Bo<;ard of Appeals -9- .August 8, 1985 S.E.Q:R.A. ' 'NEGATIVE ENVIRONMENTAL DECLARATION Notice -of Determination of Non-Significance APPEAL NO. : 3381 PROJECT NAME: Otto Zapf 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 [ ]. Unlisted [ DESCRIPTION OF ACTION: permission to construct -accessory building in front yard Accy buildings in rear yard only LOCATION OF PROJECT:. Town of Southold C upty of ffol,�k, more particularly known as: Right of way off fain Road rien 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 is landward of existing structures- FOR FURTHER INFORMATION, PLEASE CONTACT:. Linda Kowalski, Secretary, Southold Town Board of .Appeals.,._ Town Hall, Southold, NY .11971; tel. : 516- 765-1809 or 1802.. Copies -of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin. Board. Southold Town Board of Appeals -10-August 8, 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3377 PROJECT NAME: Nicholas Ippolito 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: Set off parcel LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 230 Carole Road Southold REASONS) SUPPORTING TIIIS 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. Southold Town Board of Appeals-ll -August 8, 1985 Reg,ular .Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3348 PROJECT NAME : Charles Simmons 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: [X4 Type II [ ] Unlisted [ J DESCRIPTION OF ACTION• Subdivision Variance for insufficient lot width LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1485 Sound Avenue, Mattituck REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicate; 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. 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- August 8 , 1985 Regular Meeting PENDING COMPLIANCE : Appeal No . 2760 - RICHARD ANDERSON . Pursuant to a verbal request of Peter Stoutenburgh in behalf of Mr . Anderson , the board was adviised . that the right-of-way has been improved within the last week, and asks the board to inspect . Member Douglass was requested to inspect and report on the condition of the right-of-way. (This matter will be place&.-on the :August 22nd agenda . ) PENDING 'COMPLIANCE : Appe.al. No . 3294 PETER J . AND MARGARET S . TROY AN0 , pending improvements to._ .rig.ht-of7way_,.for acceptance . Lessard.-- Said -.he did inspect the_ right-of-way , and _apologized for _not having a written report in time fo,r_ the board ' s acceptance this evening . The Chairman held this ma._tter in abeyance pending receipt of a written report on his recent inspection , which was expected prior to the August 22nd meeting . NEW APPLICATIONS : The following files were reviewed and tentatively- placed on the - next available agenda for early Septem- ber for publ..ic hearings , pending field_ ins.pections and research : Appeal No . 3390 =RICHARD AND DIANE ALLEN - Variance for new dwelling with insufficient rearyard . Private R-O-W off ..South Side of Indian Neck Road , Peconioc . (Proper sketch was requested 'by August 21st to meet to advertising deadline . ) Appeal No . 3389 - NICHOLAS PETIKAS - Variance tp utilize parcel zoned "B-Li.ght and "A" , for "B-Light" _zoning, 100%. -'We s t Side of Sound__ Road and North Side of. C. R. 48, Greenpo'rt. PENDING PLANNING 'BOARD COMMENTS : In reviewing recent application of ALICE :HUSSIE,, Ap_pe.a1. - No . 3387, it was noted that this project requires-_ _site ..plan__ approval from the Southold Town Planning Board for a proposed ten_n.is and recreational facility at the West Side of Horton Lane., Southold. On motion .by Mr. Douglass , seconded by Mr . Goehringer, it was RESOLVED, that Appeal No . 3387, in the Matter of ALICE HUSSIE , be and hereby is held temporarily in abeyance ' pending__ approval or recommendations (or other comments ) from the Town Planning Board concerning the site plan elements .. Vote of .the Board:. Ayes :. Messrs . Goehringer, Grigonis, Doyen, Douglass and_ Sawicki . This resolution .was adopted by_ unanimous vote . Southold Town Board of Appeals -13- August 8 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3374 : Application of SOUTHLAND CORP . (7- 11 ) - Variance to the Zoning Ordinance , Article XI , Section 100-119 . 1 (a ) for permission to construct fence in excess of height limitations in frontyard area at premises identified as 56480 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-62-03-37 . (B-1 Business Zoning District ) . The . pu,blic hearing on this matter was held and concluded on July 18 , 1985 . Following deliberations , the board took the follow- ing action : WHEREAS , a public hearing was held and concluded on July 18 , 1985 , in the Matter of the Application of SOUTHLAND CORP . , Appeal No . 3374 ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted for the record that there has been no opposition entered concerning this appeal application ; and WHEREAS , the board members are personally familiar with the premises in question and the surrounding properties ; and WHEREAS , the board made the following findings of fact: 1 . By this application , appellant requests a variance from the requirements of Article XI , Section 100-119 . 1 (a) for approval of a six-foot high chainlink fence , with redwood slats through the links , 10 ' by 10 ' enclosure for the purposes of storage within the frontyard area . 2 . The 10 ' by 10 ' fence enclosure is shown at six feet from the westerly front property line , set approximately 12 feet from the west side of the principal building . 3. The parcel in question is located in the " B-l " General Business Zoning District , contains an area of 17 , 954 sq . ft . , with 150 ' frontage along the Main (State ) Road and 125 ' frontage along Locust Lane , a town road . 4. The premises is improved with a one-story masonry building of a size 67 ' by 35 ' set back from the northerly front property line 52 feet and from the westerly front property line 35 feet , and the existing 10 ' by 10 ' fence enclosure in question . 5 . The board members are in agreement with the appellant and Southold Town Board of Appeals -14- August 8 , 1985 Regular Meeting (Appeal No . 3374 - SOUTHLAND CORP . , continued : ) find that the height of the subject fence enclosure is necessary for storage of garbage' in portable garbage containers , provided that the fence enclosure not be roofed , that the contents to be stored not exceed the height of the fence at six feet , and there be no storage of flam- mable or combustible materials . In considering this appeal , the board has found that this proposal should be granted as conditionally noted below since : (1 ) the relief requested will not be detrimental to adjoining properties ; (2 ) there will be no substantial change in the character of this district ; (3 ) the relief requested will not cause a substantial effect of any increased population density ; (4 ) the circumstances are unique ; . (5) the difficulty cannot be obviated by some method feasible to appellant to pursue other than variance . Accordingly , on motion by Mr. Sawicki , seconded by Mr . Goehringer , it was RESOLVED, to GRANT the relief requested for a fence enclosure within the frontyard area at a maximum height of six feet , as applied under Appeal No . 3374 in the Matter of the Application of SOUTHLAND CORP . , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The fence enclosure never be roofed ; 2 . The fence enclosure be maintained at all times in good condition ; 3 . When necessary , redwood slats be replaced. Vote of the Board : Ayes : Messrs . Goehr.inger , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3376 : Application of JOHN F. MARTIN - Variance to the Zoning Ordi - nance , Article III , Section 00-32 for permission to erect radio antenna tower in excess of height limitations for accessory. struc- tures at premises identified as 815 Old Shipyard Lane , Southold , NY ; Fou.nders . Homes Subdivision Lots , 104 and 105; County Tax Map Parcel No . 1000-64-05-19 . The public hearing on this matter was held and concluded on July 18 , 1985 . Following deliberations , the board took the follow- ing action : Southold Town Board of Appeals -15- August 8 , 1985 Regular Meeting (Appeal No . 3376 - JOHN F. MARTIN , continued : ) WHEREAS , a public hearing was held and concluded on July 18 , 1985 , in the Matter of the Application of JOHN F . MARTIN , Appeal No . 3376 ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that there has been no opposition entered concerning this appeal appli - cation ; and WHEREAS , the board members are personally familiar with the premises in question and the surrounding propert.ies ;.._ and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a variance from the height requirements of Article III , Section 100-32 , for permission to erect a 71 - foot high radio tower and 10 ' high antenna , for a total height of 81 feet for private , amateur use . 2 . The radio antenna-tower is proposed to be located in the rearyard area approximately 100 feet from the rear property line and approximately 85 fee.t from the southerly side property line and 65 feet from the northerly side property line , and a distance of approxi - mately 20 feet west of the existing driveway area . 3 . The parcel in question is improved with a one-family dwelling with breezeway and attached garage , and is identified on the. Suffolk County Tax Maps as District 1000 , Section 64 , Block 05 , Lot 19 . The parcel has an area of approximately . 75 of an acre , and has an average width of 150 feet. 4. Although the board members agree that there is no alter- native for the appellant to pursue other than a variance , it is one of the concerns of the board that the antenna-tower be placed in such a position that it would not be able to fall onto neighboring property or causing other detriment to adjacent properties . 5. It is the position of the board that the variance be granted provided that if the antenna-tower is erected at a maximum height of 81 feet, that same be a distance of at least 81 feet from the rear and side property lines . In considering this appeal , the board has found that this proposal should be granted as conditionally noted below since : (1 ) the relief requested will not be detrimental to adjoining properties :, if the tower is located at the distances required hereunder ; (2 ) there will be no substantial change in the character of this district ; (3 ) the relief requested will not cause a substantial effect of any increased population density -, _(4) the circumstances are unique ; (5) the difficulty cannot be obviated by some method feasible to appellant to pursue Southold Town. Board of Appeals -16- August 8 , 1985 Regular Meeting (Appeal No . 3376 - JOHN F . MARTIN , continued : ) other than variance . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Douglass , it was RESOLVED , that a variance for permission to construct antenna-tower at a maximum height of 81 feet in the rearyard area applied under Appeal No . 3376 , in the Matter of the Applica- tion of JOHN F. MARTIN, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING 'CONDITIONS : 1 . That the antenna-tower not exceed 81 feet in height and be located no closer than 81 feet to the rear property line and be centered from the side property lines ; or in the event the antenna-tower does not exceed 71 feet in height , then it shall be located no closer than 71 feet to the rear property line and be centered from the side property lines (minimum of 71 ' distance ) ; 2 . That there be no major adverse interferences with neigh- boring receptions ; 3 . That this project is subject to all other federal or Other agency jurisdiction as may be applicable . 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 .. ' 3364:... Application of SOCR.ATES AND DAPHNE SP.IRAKIS -. V.a.ri.ance to the Zo.ni:ng Ordinance , Article I I , Section -3_ ,_ Bu Sc edule, for approval of a garage addition to dwelling constructed with an insu,ffi.cient setback from the northerly sideyard area at premises identified as 500 Teepee. Trai13 at "Nunnakoma Waters , " Southold , NY; County. Tax Map Parcel No . 100.0 82-02-23 . _. - The public hearing on this matter was held on July. 18 , 198'5.. Following deliberations, the board took the following action -J,. WHEREAS-, a public hearing was held and concluded . on - July 18,. 1985, in the Matter of the Application of 'SOCRATES AND D'APH.NE SPIRAKIS; and WHEREAS; the board members have considered-al- 7 testimony and documentation entered into the record in this matter, 'and it is noted that there has been no opposition entered concerning- this appeal appli - cation , and there are letters in support of this ap.plication.,; and _.. WHEREAS , the board members are personally familiar with the premises in question and the surrounding properties ;__ and WHEREAS , the board made the ' following findings of fact : Southold Town Board of Appeals -17- August 8 , 1985 Regular Meeting (Appeal No . 3364 - SOCRATES & DAPHNE SPIRAKIS , continued : ) 1 . By this application , appellant requests approval of the construction of a garage addition to dwelling with an insufficient setback from the northerly side property line at nine feet . 2 . The permit for the subject addition was authorized under Permit #13458 with a northerly sideyard setback of not less than ten feet ; the first and second foundation inspections were passed December 21 , 1984 ; and on April 1 , 1985 , the building department notified the contractor that the addition did not meet the proper sideyard setback , and to stop work . On April 29 , the subject variance application was filed and an up-to-date survey dated April 25 , 1985 was submitted for consideration . 3 . The parcel in question is located on the west side of Teepee Trail , Southold , abutting Lots #9 and #10 of the Nunnakoma Subdivision , and is identified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 02 , Lot 23 . This parcel fronts along Tepee Trail 100 feet in width , and contains an area of . 587 of an acre . 4 . The subject parcel is improved with a single-family 12-story frame house which the board upon information and belief finds was built prior to the enactment of zoning in 1957 (see April 16 , 1985 letter to the building department from the applicants ) . At the present time , the parcel is also improved with the garage addition , and new deck areas . The dwelling with the new addition is shown to be set back 28 ' 8" at its nearest point from the front (easterly) property line and 33± feet from - its southerly side property line . Existing at the north side yard area is a small shed in poor condition which is proposed to be removed from the property or relocated to the rearyard area . In considering this appeal , the board has found that this project should be granted as conditionally noted below since : (1 ) ' the relief requested will not be detrimental to adjoining properties ; (2 ) the relief requested is not substantial in relation to the requirements of zoning , being 10% of a variance ; (3 ) there will be no substantial change in the character of this district ; (4 ) the relief requested will not cause a substantial effect of any increased population density since the property will continue to be used for single-family residential use ; (5 ) the circumstances are unique ; (6 ) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance . - Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was Southold Town Board of Appeals -18- August 8 , 1985 Regular Meeting (Appeal No . 3364 - SOCRATES & DAPHNE SPIRAKIS , continued : ) RESOLVED , TO GRANT relief as applied under Appeal No . 3364 in the Matter of the Application of SOCRATES AND DAPHNE SPIRAKIS for approval of the construction of the garage addition with an insufficient setback from the northerly side property line at nine feet , SUBJECT TO THE FOLLOWING CONDITION : That the existing accessory shed within the northerly sideyard area be removed (or relocated to rearyard) for clear , unobstructed access ; northerly sideyard area must remain open at all times . 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 . 3368 : Application of JOHN AND LORRAINE FABRY - Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to construct deck addition to dwelling with an insufficient setback from existing highwater mark at premises identified as 3700 Deephole Drive , Mattituck , NY ; County Tax Map Parcel No . 1000-115-17-007 . The public hearing on this matter was held and concluded on July 18 , 1985 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on July 18 , 1985 , in the Matter of the Application of JOHN AND LORRAINE FABRY ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that there has been- no opposition entered concerning this appeal appli - cation ; and WHEREAS , the board members are personally familiar with the premises in question and the surrounding properties ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests permission to construct a 23 ' 8 " by 28 ' deck addition at the rear (east ) side of the existing dwelling which is proposed to be set back 8± feet from the existing highwater mark as shown on survey dated January 27 , 1977 , or approximately 36 feet from the rear property line which is located below the highwater mark , and proposed to be abutting an existing bulkhead. 2 . The subject parcel is presently improved with a single- family dwelling set back 35 ' from the front (west) property line and 45 ' from the rear (east ) property line . This parcel is a described lot identified on the Suffolk County Tax Maps as Southold Town Board of Appeals -19- August 8 , 1985 Regular Meeting (Appeal No . 3368 - JOHN AND LORRAINE FABRY , continued : ) District 1000 , Section 115 , Block 17 , Lot 7 . 3 . In viewing the circumstances of the existing structure and the size of the parcel in question , the board finds that a .deck is practical in the location chosen, provided that it not be converted for additional livable floor area and that it remain at least three feet away from the existing bulkhead area. In considering this appeal , the board has found that this project should be granted as conditionally noted below since : (1 ) the relief requested will not be detrimental to adjoining properties ; (2 ) there will--,.be no substantial change in the char- acter of this district ; (3 ) the - relief requested will not cause a substantial effect of any increased population density, since the property will continue to be used for single- family residential use ; (4 ) the circumstances are unique ; (5 ) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that relief be and hereby is GRANTED in the Matter of the Application of JOHN AND LORRAINE FABRY , Appeal No . 3368 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The deck be no closer than three feet to the existing bulkhead ( accordingly size of deck must be reduced) ; 2 . The deck remain open and not to be enclosed for addi - tional livable floor area or sleeping quarters. ; 3. No lighting that will be adverse to neighboring properties shall be permitted. _ 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 -20- August 8 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3338 : Application for MR . AND MRS . HOWARD L . YOUNG (by J . De Reeder ) , 28545 Main Road , Orient , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area of two lots in this proposed three-lot division of land located on the North Side of Main Road and the East Side of Browns Hill Road , Orient , NY ; County Tax Map District 1000 , Section 18 , Block 06 , Lot 24 . The public hearings on this matter were held on May 2 , 1985 and June 13 , 1985 , at which time the hearing was concluded . Following deliberations, the board took the following action : . . WHEREAS , . public hearings were held in the Matter of the Application of .MR ; AND 'MRS .' 'HOWARD L . 'Y.OUNG, Appe,al. No . 3338 , on May 2 , 1985 and June 13 , 1985 at - whi.ch time the hearing concluded ; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter ; and WHEREAS , the board members are personally familiar with the premises in question and the surrounding properties ; and WHEREAS, the board made the following findings of fact : 1 . By this application , appellant requests approval of the insufficient lot area of proposed Lots #1 and #2 in. this .three-lot mino_r subdivision of land located at the north side of Main Road , and the east side of ..Browns Hill Road , Orient , NY . 2 . Lot #1 is proposed to be 70 ,000 sq . ft . in area and Lot #2 is proposed to be 77 ,482 sq . ft . in area (exclusive of the 25 ' ri.ght-of-way ) . Lot #3 would consist of 84,004 sq . ft . (exclu- sive of right-of-way) . 3 . The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 18 , Block 06 , Lot 24 , and is improved as follows : (a ) Lot 1 would contain the exist- ing garage structure _and accessory_ barn structure , which is in very poor condition ; (b ) Lot 2 .is vacant except for a very small shed at the northeast corner which is also in very poor condition ; (c ) Lot 3 would contain an existing principal single-family dwelling structure and separate accessory building presently used for sleeping purposes and without kitchen facilities . 4. It is the opinion of the board that the variance be granted because the relief requested is the minimum possible and the lots are greater in area than those generally existing in the neighborhood . Southold Town Board of Appeals -21 - August 8 , 1985 Regular Meeting (Appeal No . 3338 - .MR . AND MRS . HOWARD L . YOUNG , continued : ) 5 . For the record it is noted that a Pre-Certificate of Occupancy of Nonconforming Premises was issued August 2 , 1985 concerning the premises as a whole under #Z13703 . In considering this appeal , the board has found that this project should be granted as conditionally noted below since : (1 ) - the relief requested will not be detrimental to adjoining properties ; (2 ) the relief requested is not substantial in relation to the requirements of zoning, being at a maximum 13% of a variance and at a minimum of 3. 5%; (3 ) there will be no substantial change in the character of this district ;.. (4 ) the relief requested will not cause a substantial effect of any increased population density since the property will continue to be used for single-family residential use ; (5 ) the circumstances are unique ; (6.) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance . Accordingly , on motion by Mr. Douglass , seconded by . Mr . Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3338 in the Matter of the Application of MR . 'AND MRS . HOWARD _L . YOUNG for the insufficient lot area of Lots #1 and #2 in this proposed three-lot subdivision , as applied and shown on map amended June 7 , 1985 ; BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The accessory building on Lot #3 not be converted for residency and shall remain only as sleeping quarters (or accessory storage purposes ) ; 2 . The location of the right-of-way be only as shown on the June 7 , 1985 subdivision map . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all four members present . (Chairman. Goehri'nger_ was absent . ) C Southold Town Board of Appeals -22- August 8 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3370 : Application for ROBERT N . KENNEY for a Variance to the Zoning Ordinance , Article III , Section 100-3 , Bulk Schedule , for permission to construct deck addition to dwelling with' an insufficient rearyard setback at premises identified as 2320 Gillette Drive , East Marion , NY ; Marion Manor Subdivision , Filed Map 2038 , Lot 11 ; County Tax Map Parcel No . 1000-38-02-024. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on July 18 , 1985 , in the Matter of the Application of ROBERT N . KENNEY ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted for the record that there has been no opposition entered concerning this appeal application ; and WHEREAS , the board members are personally familiar with the premises in question and the surrounding properties ; and WHEREAS , the board made the following findings of fact : 1 . This is an application for an area variance for permission to place a proposed 10 ' by 20 ' deck addition at the rear (westerly) of the existing dwelling , with an insufficient setback at 262 feet . 2 . The parcel in question is known and identified as Lot 11 , Marion Manor Filed Subdivision Map 2038 , located on the west side of Gillette Drive , East Marion ; County Tax Map District 1000 , Section 38 , Block 02 , Lot 024 . 3 . The subject . premises is presently improved with a single- family frame house with setbacks from the front property line at 35 feet and from the rear property line at 362 feet . The parcel fronts along Gillette Drive 105 feet and has a depth of 100 feet . 4 . It is the opinion of the board that the ten-foot deck addition as applied is not unreasonable considering the substandard size of this parcel , the feasible placement of the dwelling , and the limited building area for the principal building . In considering this appeal , the board determines that the relief be approved as requested for the reasons stated above and (1 ) the deck addition will not substantially alter the C Southold Town Board of Appeals -23- August 8 , 1985 Regular Meeting (Appeal No . 3370 - ROBERT N . KENNEY , continued : ) character of the district ; (2 ) the deck will not be adverse to adjoining properties : (3 ) the variance will not cause a substantial effect of increased population dens-ity ; (4 ) in view of the substandard size of this parcel and conforming setbacks of the dwelling as exists , the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance ; (5 ) the relief requested is not substantial in rela- tion to the zoning requirements ; (6 ) in view of the manner in which the difficulty arose and in consideration of all the above factors , the interest of justice will be served by allowing the variance , as noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3370 in the Matter of the Application of ROBERT N . KENNEY to con- struct a 10 ' by 20 ' deck addition with a setback from the rear property line at 262 feet as requested and SUBJECT TO THE FOLLOW- ING CONDITIONS : 1 . That the deck remain open, not to be enclosed for additional livable area; 2 . That there be no lighting that would be adverse to neighboring properties ; 3 . That the setback not be reduced to less than the requested 262 feet from the rear property line . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . There being no other business properly coming before the board at this time , motion was made by _Mr._._Goehringer ,- seconded by Mr . Sawicki , to adjourn . The meeting was adjourned at 9 : 35 p.m . Respectfully submitted, i da F . Kow.al s"ki',` 'Secretary Southo7d. Town-. Board of .Appeals pproved - 8/22/85 Gerard P.. Goehringer, Chairman s:- RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK 'PATE 0,3/95 HOUR R'.,)E,4.m To . 'Clerk, Town of Sout