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HomeMy WebLinkAboutZBA-07/18/1985 o��FFo��o z 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 M I N U T E S JOSEPH H. SAWICKI - - - - - REGULAR MEETING JULY . 18 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , July 18 , 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 Department Administrator and approximately 35 .persons in the audience at the opening of the meeting . The Chairman opened the meeting at 7 : 30 p .m . and .proceeded with the first public hearing on the agenda , which was recessed as requested from the June 27 , 1985 meeting : 7 : 33 p .m. Appeal No . 3366 - Public Hearing was continued in the Matter of the Application of JOSEPH AND ARLENE LESTINGI for a Variance to re-locate garage in the frontyard area , at 1150 Sound Drive , Greenport , New York . David Kapell spoke in behalf of the applicants. No objections were entered . The verbatim transcript of the statements made during this hearing have been prepared under separate cover, the original of which is filed with the Office of the Town Clerk . Following the hearing, the board took the following action : On motion by Mr. Goehringer, seconded by Mr. 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 . Southold Town Board of Appeals -2- July 18 , 1985 Re.gular Meeting 7 : 36 p .m. Appeal No . 3364 - Public Hearing was held in the Matter of the Application of SOCRATES AND DAPHNE SPIRAKIS for a Variance for approval of the construction of addition to dwelling with an insufficient setback from the northerly side property line at 500 Teepee Trial , Southold , New York . The Chairman read the application and notice of hearing in its entirety. Mr . and Mrs . Spirakis were present and spoke in behalf of their application . It is noted for the record that letters from the following persons were received in support_ of the _appeal application : Edward L . DeReeder , Jr. , Adolph J .. Luhrs a-nd Maryweld Luhrs , Farhad Kazemi , Jane Opper , Richard C-. Hilary . - N_o objections _were entered . The verbati.m transcri.pt - of...:t.h__i.s.-hearing has been prepared under separate cover., the original of .which is filed with the Office of the Town Clerk . Following the hearing , the board took the following action : On motion by Mr. Goehringer, seconded by Mr . Douglass , it was RESOLVED , to close .. (con.clude ) the hearing pending delibera- tions . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 7 : 47 p .m. Appeal No . 3368 - Public Hearing was held in the Matter .of the Application of JOHN AND LORRAINE FABRY for a Variance for permission to construct deck addition to dwelling with insuffi - cient setback from existing highwater mark at 3700 Deep Hole Drive , Mattituck , New York . The Chairman read the application and notice of hearing in i.ts entirety . Mrs —tFabry 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 appea_.1 has been prepared under separate cover , the original of which is filed with the Office of the Town Clerk . 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 , Douglass:.and._ Sawitki . This. resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -4- July 18 , 1985 Regular Meeting 8 : 03 p .m. Appeal No . 3374 - Public Hearing was held in the Matter of the Application of SOUTHLAND CORP . (7-11 ) for a -:Var. i;ance for permission to construct fence in excess of height limitations in frontyard area at 56480 Main Road , Southold , New York [B-1 Zone] . The: .Chairman read the legal notice and application .for the record . Thomas J . Osborne , Esq . of Esseks , Hefter , Cuddy & Angel , was present in spoke in behalf of the applicant . For the record , it is noted that no objections to this appeal have been entered. The verbatim transcript of the statements made during this hearing have been prepared under separate cover , the original of which is filed with the Office of the Town Clerk . Following the hearing , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to close (con.clude ) 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 : 10 p .m . Appeal No . 3376 - Public Hearing was held in the Matter of the Application of JOHN F. MARTIN for a Variance to erect antenna-tower in excess of height limitations for accessory struc- tures at 815 Old Shipyard Lane , Southold , New York . The Chairman read the legal notice of hearing and application . Mr . Martin was present .and :'spoke in behalf of his application . It is noted that no objections were entered . The verbatim transcript of the hearing has been prepared under separate cover the original of which has been filed with the Office of the Town Clerk for reference . Following the hearing , the board took the following action : On motion by Mr . Goehringer, seconded by Mr . 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 . Southold Town Board of Appeals -3- July 18 , 1985 Regular Meeting 7 : 52 p .m. Appeal No . 3370 - Public Hearing was held in the Matter of the Application of ROBERT N . KENNEY for a Variance to construct deck addition to dwelling with an insufficient rearyard setback at 2320 Gillette Drive , East Marion , New York . The Chairman read the application dnd legal notice of hearing in its entirety . Mr . Kenney was present and spoke in behalf of his application . It is noted for the record that no objections were entered in the record. The verbatim transcript of the statements made during this appeal have been prepared under separate cover , the original of which is filed with the Office of the Town Clerk 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 . 7 : 58 p .m. Appeal No . 3375 - Public Hearing was held in the Matter of the Application of R. L B_ERGEN OIL 'CO . , INC . for a Variance for permission to erect detached ground sign , the lower edge of which is to be less than four feet above ground at 9275 Main Road , Mattituck , New York ( C-Light_ Industrial Zone). . The Chairman read the legal notice of hearing and application . Mr . Dale Bergen was present and spoke in behalf of his applica- tion . During.-the hearing , Mr. Bergen asked if he could measure the exact distance requested from the east side line and return before a decision was made . It is noted for the record that no objections were entered in ..the record . The verbatim transcript of this appeal has been prepared under separate cover , the original of which is filed with the Office of the Town Clerk simultaneously herewith . Following the hearing , the board took the following action : On motion by Mr . Goehringer , seconded by Mr. 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 . Southold. Town. Board of Appeals -5- July. 18 , 1985 Regular Meeting 8 : 20 p .m. Appeal No . 3372 - Public Hearing was held in the Matter of the Application of COMMUNITY CHRISTIAN FELLOWSHIP , INC . for a Special Exception to establish and locate church of worship in this "A-80" Residential and Agricultural Zoning District at 11565 C . R . 48 (a/k/a 11565 Wickham Avenue )._, Mattituck , New York . The Chairman read the notice of hearing and application for the record. Mr. Reiter was present and spoke in behalf of the application . Also speak ing., in :support °of :.the : application were : Rev . , George Gaffga , Mattituck Presbyterian Chu rch ,,.and . Dr. . Mer.cier . (Approximately', hine, persons. accompanied Mr . Reiter for the hearing . ) _It_. .is noted that no objections were entered for the record_.. The verbatim transcript of ,the. statements made during this hearing have been prepared un_d_ er 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 . Goehri'nger, seconded by Mr . Grigonis , it was RESOLVED , to close' (conclude ) the hearing pending deliberations . Vote of the. Board; Ayes : Messrs .. Goehringer, Grigonis , Doyen , Douglass and-. Sawicki . This__ res.o.l.uti on wa_ s adopted by__ unanimous vote of all the members . ADDITIONAL INFORMATION : Appeal No . 3375 - R . L . BERGEN OIL CO : Mr . Dale Bergen. returned and sai_d that the exact measurement of the distance from the location of the proposed sign and the corner monument is 24 feet . The Chairman indicated that. a decision would be made some time in the near future . Deliberations on the matters pending from June 27 , 1985 began and decision were made as noted on the following pages . Southold Town Board of Appeals -6- July 18 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3369 : Application of JEAN HARFORD , 8 Beachway , Port Washington , NY 11050 , for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to , construct a second attached garage with an insufficient sideyard setback at premises located on the north side of Private Road #15 (Takaposha Road) , Southold , NY ; County Tax Map Parcel No . 1000-087-06-002 . WHEREAS , a public hearing was held - and concluded on June 27 , 1985 , in the Matter of the Application of JEAN. 'HARFORD; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that no opposition has been received; and WHEREAS , the board members are familiar with the property , its use and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . By this application , applicant seeks permission to construct a 12 ' garage addition at the easterly side of the existing one-story , single-family dwelling , leaving an insufficient sideyard setback of 7Z feet . 2 . The premises in question is located along the northerly side of a private __road (right-of-w.ay) referred 'to as Takaposha Road , or Private Road No . 15 , which extends from a point at the south side of Main Bayview Road in varied directions to the premises in, question , which is identified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 6 , Lot 2 , containing an area of 8 , 500± sq . ft . 3. For the record , it is noted that the subject private road (right-of-way ) has been the subject of a prior appeal , under No . 1223 , granted on January 2 ,, 1969 , with the condition that the holes and ruts from Main Bayview Road be filled and be smoothed over the entire road . 4 . Article III , Section 100-.31 ,. Bulk Schedule of the Zoning Code , requires a minimum sideyard of 10 feet , and the relief requested by applicant is two and one- half ,feet_, leaving 72 feet , or 25% of a variance from the requirements.._. In considering this application , the board agrees that the addition as proposed : .(1 )_. will not substantially change the character of the district ; (2 ) will not be adverse -to adjoining properties ; (3 ) will not cause a substantial effect of increased population density which may be produced on available governmental facilities ; (4 ) in view .of the substandard size _of this parcel and substandard setbacks ,__. the difficulty cannot be obviated by some method feasible Southold Town Board of Appeals -7- July 18 , 1985 Regular Meeting (Appeal No . 3369 - JEAN HARFORD, continued : ) for the applicant to pursue other than a variance ; (5 ) 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 . Grigonis , seconded by Mr . Sawicki , it was RESOLVED , that the application of .JEAN 'HARFORD for permission to construct 12-foot garage addition at the east side of the existing single_-family dwelling as applied under Appeal-No . 3369 , BE 'AND 'HEREBY ' IS APPROVED , SUBJECT T0 _THE FOLLOWING CONDITIONS : (1 ) That the addition not protrude past the front or the rear of the house setback lines ; (2 ) That the addition be no closer than 72 feet to the east side line as requested ; (3 ) That the westerly sideyard area always remain open and unobstructed for access by emerg_ency and fire vehicles ; (4 ) That there be no further sideyard reductions on either side ; (5 ) That the addition be used only for storage or garage purposes (not for additional living area) ; (6 ) That the right-of-way as approved under Appeal No . 1223 January 2 , 1969 as required by New York Town Law, Section 280-a , be improved as follows : [a] from Main Bayview Road to the first 900 turn be regraded (potholes filled ) ; [b] the side brush be cut back to a minimum 16 feet in width where necessary through the entire length and be continuously maintained for safe access by emer- gency and other vehicles ; [c] the entrance pipe at the beginning of the right-of-way near Main. Bayvi.ew Road be deflected as not to cause any leakage _or drainage onto the right-of-way in question . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass an_d Sawicki . This resolution was adopted by unanimous vote of all the members . Sodthold Town Board of Appeals -8- July 18, 1985 Regular Meeting PENDING DECISION : Appeal No . 3360 : Application of MARGARET 'WAGNER , 20 Slabey Avenue , Malverne , NY 11565 , for a Variance to the Zoning - Ordinance , Article III , Section 100-31 and Article XI , Section 100-119. 2 (C) for permission to build deck addition with reduction from edge of Corey Creek and reductions in front and side yard setbacks . Location of Property : 2600 Private Road #15 (Takaposha Road ) , Southold , NY ; County Tax Map Parcel No . 1000-087-06-004 . Following deliberations , the board made the following findings of fact and determination : WHEREAS , a public hearing wars held and concluded on June 27 , 1985 , in the Matter of- the Application of MA,RGARET WAGNER; and .WH.EREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that no opposition has been received; and WHEREAS , the board members are familiar with the property , its use and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . By this application , applicant seeks permission to construct an open deck addition wrapped around the westerly end of the exist.ing one-story , single-family dwelling , leaving an insufficient sideyard from the west side at 14 feet , an insufficient frontyard setback at 23 feet from the southerly property line , an insufficient setback from the highwater mark of Corey Creek and existing wooden bulkhead at 38 feet . 2 . The premises in question is located along the northerly side of a private road (right-_of-..way) referred to a,s Takaposha Road , or Private Road No . 15 , which extends from a point at the south side of Main B'ayview Road in varied directions to the premises in question , which is identified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 6 , Lot 4 , containing an area of 10 ,500± sq . ft. 3. For the record , it is noted that the subject private road (right-of-way ) has been the subject of a prior appeal , under No . 1223 , granted on January 2 , 1969 , with the condition that the holes and ruts from Main. Bayview Road be filled and be smoothed over the entire road. 4 . Article III , Section 100-.31 , Bulk Schedule of the Zoning Code , requires total sideyards of .25 feet , a minimum of 10 feet and 15 feet on the other side_, frontyard _.setback of 35 feet or the established , and Section . l0_0-119. 2 (B ) requires a minimum of 75 feet from the landward ed.ge of. tidal wetland or ordinary h'ighwater mark of such tidal water body_, whichever is greater . 5 . In viewing the structures in the immediate area , a parcel Southold Town Board of Appeals -9- July 18 , 1985 Regular Meeting (Appeal No . 3360 - MARGARET WAGNER, continued : ) two lots west of the applicant (1000--87-06-002 of Harford ) is improved with a single-family dwelling set back approximately 191, feet from its front property line , which is 23± feet less of a distance from this applicant ' s front property line when drawn on a parallel line at or near the center of the private right-of-way in question , and was conditionally granted under Appeal No . 3369 permission to reduce the easterly sideyard setback to seven-and one-half feet for a one-car gara..ge addition . The existing setback of the rear deck of .the Harford dwelling is shown to be 35 feet as per Building Permit No . 10253Z, C. Q.. #9633 of August 15 , 1979. 6 . The percentage of relief ,requested by the applicant herein is - as follows : (a ) _one. foot sideyard , or 7% of a variance ; (b ) the frontyard 13 feet from the requirements , or 33% of a variance ; (c ) a reduction of 12 feet from the existing 56 ' setback of the dwelling from the bulkheaded tidal wetland area , or 18±% of a variance from the zoning requirements . In considering this application , the board agrees that the open-deck addition as proposed : (1 ) will not substantially change the character of the district; (2 ) will not be adverse to adjoining properties ; (3 ) will not cause a substantial effect of increased population density which may be produced on available governmental facilities ; (4 ) in view of the substandard size of this parcel and substandard setbacks , the difficulty cannot _be obviated -by some method feasible for the applicant to pursue other than a variance; (5 ) in view of the manner in which the difficulty arose and in consideration of .all the above factors , .the i..nterests of justice will be served by allowing the variance , as noted below. Accordingly , on motion by Mr. Sawicki , seconded by Mr. Dou,glass , _it was RESOLVED , that the application of MARGARET WAGNER for permission to construct wr_ap-around open deck addition with a frontyard setback of not closer than 23 ' to the front property line , 14 ' from the west side property line , and 38'' . from . the existing rear wooden bulkhead ; BE AND HEREBY IS APPROVED ; 'SUBJ.ECT TO THE FOLLOWING CONDITIONS : 1 . That the deck remain opened (not to be enclosed for additional living area) ; 2 . There be no lighting which may be obtrusive to other properties ; _. 3. That the right-of-way as approved under Appeal No . 1223 January 2 , 1969 as required by New York Town Law , Section 280-a , be improved as follows : Southold Town Board of Appeals -10- July 18,. 1985 Regular Meeting (Appeal No . 3360 - MARGARET WAGNER, continued : ) (a ) from Main Bayview Road to the first 90' turn be regraded (potholes filled ) ; (b ) the side brush be cut back to a minimum 16 feet in width where necessary through the entire length and be continuously maintained for safe access by emergency and other vehicles ; (c ) the entrance pipe at the begi'nni.ng of .the right- of-way near Main. Bayview .Roa.d be _deflected a_s not to cause any leakage or drainage onto the right-of-way in q_uesti_on . Vote of the. Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was unanimously adopted. PENDING DECISION : Appeal No . 3365 : Application for HOWARD HOEY , c/o Samuel J . Glickman , Esq . , 114 Main Street , Greenport, NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of a parcel having insufficient area and lot width in this proposed set-off division of land located at the South Side of Main Road , Orient , NY ; County Tax Map Parcel No . 1000-19-01 -14 (14 . 1 ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on June 27 , 1985 , in the Matter of the Application for HOWARD HOEY; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this mat-ter , and it is noted that nd`.bpp.oi si.ti,on': has been received ; and WHEREAS , the board members are familiar with the property , its use and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . By this application , applicant seeks approval of a parcel of 43__,560 - sq . ft. from a 37± acre parcel ; located at the South Side of .Main (State_) Road , Orient , New York , _identified on the Suffolk County Tax Maps as District .1000 , Section 19, .Block 1 , Lot 1._4_. 1. (14) . 2 . Existing on the proposed parcel to be set-off is a single- Southold Town Board of Appeals -11 - Juhyh18 , 1985 Regular Meeting (Appeal No . 3365 - HOWARD HOEY , continued : ) family dwelling which is shown on survey map as amended April 1 , 1985 , to be back 10 feet , more or less , from its nearest point from the easterly side property line , and 19 feet , more or less , from its nearest point from the northerly (front) property line . 3. To be retained on parcel be of 37± acres is an existing single-family dwelling se-t back 48± feet from its nearest point from the northerly (front ) property line,, and located approximately 22 feet south of the subject dwell-.in_g is an accessory garage- storage building . 4 . In viewing the character of .the neighborhood on the same block, a majority _of the parcels consists of„ a size substantially larger than that proposed_ by this application , and only one house on this block within several hundred feet is similar , which abuts the subject premises on the west side__, which was not the subject of a variance and was approved by the Southold Town Planning Board November 8 , 1982 , in compliance with the requirements of the bulk schedule as to lot area , width and depth , and prior to the change of zoning from 40 ,000 sq . ft. to 80 ,000 sq . ft. In considering this appeal , the board finds that : (a ) this proposal is not consistent with those generally existing on this block as applied; (b ) the relief requested, is substantial in relation t_o the zoning requirements , being approximately 46% of a variance from the 80,.000'.sq . ft. requireme- nt , and approximately 15% of ,a variance from the 175 ft., lo_t width requirement ; (c ) that by allowing the variance as applied , there will be a sub- stantial change --.,in the character of the district _since it may set a precedent; (d ) the practical difficulty claimed is not .unique ; (e ) that in view o-f the manner in which-.,, the practical diffi,c.ulty arose , there is another method feasible for the applicant to pursue either without a variance -or with a minimal variance ; M that the interests of .justice will be served by denying the variance as applied. Accordingly, on motion by Mr . Grigonis , seconded by Mr. Goehringer„._ it was RESOLVED , that the relief as requested under Appeal No . 3365 in the Matter of the Application for HOWARD HOEY be and hereby is DENIED WITHOUT PREJUDICE . 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- July 18 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3352 : Application of 'GENEVIEVE RICHARDS , 64155 Main Road , Greenport , NY , for a Variance to the Zoning r—cinance , Article VI , Section 100-60 for permission to use proposed building in this " B-Light" Business Zoning District for heavy,-equipment storage . Location of Property : 64155 Main Road , Greenport , 'NY; County Tax Map Parcel No . 1000-56-04-20 . Following deliberations , the board took the following action : ].. WHEREAS, 'a public' heari:n'g was held and concluded on June 27 , 1985 , in the Matter of the Application of .GEN.EVIEVE RICHARDS; and _ WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that no opposition hasbeen::;received; and WHEREAS , the board members are familiar with the property , its present use: and the area in question ; and WHEREAS , the board made the. following findings of fact : 1 . By this applicant , appellant seeks permission to construct a 36 ' :by 70 storag.e_ bu.i 1 di ng _for_ heavy equipment storage in this "B-Li ght" ' Be i ness_ Zoning Di_st_ri ct. 2 . The premises in question is located on the north side of the Main (State ) Road , Greenport , NY , and is known and identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 045 part of Lot 20 ; _and Lot #2 on a subdivision map of the Southold Town Planning Board approved June 22 , 1981 . 3. The parcel is question contains a total area of 31 , 181 sq . ft . (to tie 1_ine ) ,__ with_ frontage along the Main_ Road of 258 . 84 feet .-and is prese_ntly .improved with a single garage-storage building which is shown on survey dated January 31 , 1985 , to be set back 8 feet from the westerly property line , 23 feet from the northerly property line ; and 29 f_eet from -the easterly property line located .-along a private 25 ' right-of-way . 4 . Article. VI , Section 100-.60 .does not list "heavy-equipment storage" as a _permitted use in the ."B-Light" Business Zoning District , although garage structures f__or storage of materials and parking of vehicles_ has been perm-fitted accessory with and customarily incidental to any permitted use and not involving a separate business . 5 . For the record, it is noted that simultaneously herewith , an application has been made and conditionally approved under Southold Town Board of Appeals -13- July 18, 1985 Regular Meeting (Appeal No . 3352 - GENEVIEVE RICHARDS , Variance , continued : ) Application No . 3353 for a Special Exception . In considering this application , the board agrees that the use of the building as proposed for inside heavy-equipment storage : (1 ) will not substantially change the character of this business district; (2 ) will not be adverse to adjoining properties ; (3 ) will not cause. a substantial effect of increased population density which may be produced on available governmental facilities ; (4 ) in view of .the manner in which the difficulty -arose and in consideration of ,.all of the above factors , the interests of justice will be served by. .a11_owing the variance, as noted below. Accordingly , on motion by Mr . Grigonis , seconded by Mr. Goehringer , it was RESOLVED , that the relief requested under Appeal No . 3352 in the Matter of the Application of GENEVIEVE RICHARDS for permission to use proposed 36 ' by 70 ' building for inside storage of heavy equipment , BE AND HEREBY IS APPROVED SUBJECT TO 'THE FOLLOWING CONDITIONS: 1 . That the proposed building be no closer than eight feet to the closest west property 1_ine (rather than five feet) ; 2 . There be no placement of garage doors on the highway side ; 3. There be no obtrusive lighting which is adverse to traffic or neighbors in the area; 4. There be no storage of any equipment or materials in the frontyard area ; 5 . The building not to exceed 20 '. in height ; 6 . The building must comply with Ch . 46 , Floodplain Manage- ment Law , " if ap.plica:ble ; 7 . There shall be fencing of the rearyard area with 6 ' high stockade fence (no-t to exceed 6 ' 6._" in height ) ; [northerly yard area] ; 8 . Existing building must remain accessory to the proposed new building , and shall not be used for living or habitable quarters . 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 -14- July 18 , 1985 Regular Meeting (Appeal No . 3352 - GENEVIEVE RICHARDS , Variance , continued : ) Application No . 3353 for a Special Exception . In considering this application , the board agrees that the use of the building as proposed for inside heavy-equipment storage : (1 ) will not substantially change the character of this business district ; (2 ) will... not be adverse to adjoining properties ; (3 ) will not cause a substantial effect of increased population .density which may be produced on available governmental facilities ; (4 ) in view-- of the manner in which the difficulty arose and in consideration of all of the above factors , the interests of .justice will be served_ by a.11owi.'ng the variance , as noted below. Accordingly , on motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED , that the relief .requested under Appeal No . 3352 in the Matter of the Appli_cat. on _of :GENEVIEVE RICHARDS for permission to use prop_os_ed 36 ' by _70 ' building for inside storage - of- heavy . equipment , 'BE 'AND HEREBY-_ IS •APPROVED SUBJECT •TO THE •FOLLOWING •CONDITIONS : 1 . That the proposed building be no closer than eight feet to the closest west property Line (rather than five feet ) ; 2 . There be no placement of garage doors on the highway side ; 3 < There be no obtrusive lighting which is adverse to traffic or neighbors in the area;. 4. There be no storage of any equipment or materials in the fron'tyard area; . 5 . The bu.ilding ' not to exceed 20 ' in height ; 6 . The building must comply with Ch . 46 , Floodplain Manage- ment Law ,.- if applicable ; 7 . . There shall be fencing of the rearyard area with 6 ' high stockade fence (not to exceed 6 ' 6" in height ) ; 8. Existing building must remain accessory to the proposed new building , and shall not be used for living or habitable quarters . 9. In the event the right of the applicant to use the existing right-of-.way of the Estate of Joseph A. LaColla (along the easterly property_ li_ne )_ is terminated , this use variance shall become null and void , 'unless an alternative access to the rear of the buildings is arranged by the abutting property owners , and approved by the Town Board of .Appe.als . Vote of .the Board : Ayes : Messrs ,. Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution. was adopted by unanimous vote of all the members . - Sout•hold Town Board of Appeals -15-July 18 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3353 : Application of GENEVIEVE RICHARDS , 64155 Main Road , Greenport , NY , for a Special Exception to the Zoning Ordinance , Article VI , Section 100-60 and Article VIII , Section 100-8O (B ) [4] for permission to use proposed building in this " B-Light" Business Zoning District for heavy equipment storage as permitted in a " C-Light" Industrial Zoning District . Location of Property : 64155 Main Road , Greenport , NY; County Tax Map Parcel No . 1000-56-04-20 . Following deliberations , the book took the following action : WHEREAS , a public hearing was held . and - concluded on June 27 , 1985 , in the Matter of .the Application of. GENEVIEVE RICHARDS; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that no opposition has beenreceived ; and WHEREAS , the board members are familiar with the property , its present use and the area in question ; an..d WHEREAS , the board made the following findings of fact : 1 . By this application , applicant seeks a Special Exception for permission. to construct a 36 ' b_y_. 7O ' storage building for heavy equipment storage in this " B-Light" Business Zoning District . 2 . The premises in question is located on the north side ' of the Main (State ) Road , Greenport, NY , and is known and identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 04 , part of Lot 20 ; and Lot #2 on a subdivision map of the Southold Town Planning Board approved June 22 , 1981 . 3 . The parcel is question contains a total area of 31 , 181 sq . ft . (to tie line ) , with frontage along the Main Road of 258 . 84 feet and is presently improved with_ a single garage-storage building which is shown- on survey dated January 31 , 1985 , to be set back 8 feet from the westerly property line , 23 feet from the northerly property line , and 29 feet from the easterly property line located along a private 25 ' right-of-way . 4 . This application has been filed pursuant to the April 1 , 1985 Notice of Disapproval from the building inspector and Article VIII , Section 100-8O ( B.) [4] . 5 . For the record , it is noted that simultaneously herewith, an application has been made and conditionally approved under Appeal No . 3352 for a use variance for heavy-equipment storage inside the subject 36 ' by 70 ' building . .�.. _ � .. , , _ m .� ._- _ .. _ � _1 � .� ,. ... .. . � _ Southold Town Board of Appeals -16- July 18 , 1985 Regular Meeting (Appeal No . 3353 - GENEVIEVE RICHARDS, Special Exception , continued : ) In considering this application , the board : (a ) has considered items (a ) through (L ) of Article XII , .Section 100-121 (C) [2] of the Zoning Code ; (b) has determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (c ) has determined the safety , health , wel - fare , comfort , convenience and order of the town will not be adversely affected by the proposed use and its location ; (d ) has determined that the use is in harmony with and will promote the general purposes and intent of zoning . Accordingly, on motion by Mr . Grigonis , seconded by Mr . Goehringer, it was J : RESOLVED , that the relief requested under Appeal No . 335 in the Matter of the Application of GENEVIEVE RICHARDS for permission to use proposed 3.6 ' by _70 ' building for inside storage of heavy equipment , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the proposed building be no closer than eight feet to the- closest west property line (rather than five feet_) ; 2 . There be no placement of garage doors on the highway side ; 3 . There be no obtrusive lighting which is adverse to traffic or neighbors in the area; 4 . There be no storage of any equipment or materials in the frontyard area ; 5 . The building not to exceed 20 '. in height; 6 . The building must comply with Ch . 46, Floodplain Manage ment Law, if a licable ; 7 . There shall be fencing of .the rearyard area wi.th 6 ' high stockade fence (not to exceed 6 ' 6_" in height ) ; 8 . Existing building must remain accessory to the proposed new building, and shall not be used for living _or habitable quarters . 9. In the event the right of .the applicant to use the existing right-of-way of the Estate of .Joseph A. LaColla (along the easterly__ property_ line )_ i s terminated, _this__ use, variance shall become null-.__- and void ,_. unless an alternative access to the rear of the buildi_n_gs is arranged by the abutting property. owners, and approved 'by _the __ Southold Town Board of Appeals -17-July 18 , 1985 Regular Meeting (Appeal No . 3353 - GENEVIEVE RICHARDS , Special Exception , continued : ) Town Board of Appeals . 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 . 3372 : Application of COMMUNITY CHRISTIAN FELLOWSHIP , INC. for a Mcial Exception to the Zoning Or inance , rtic e III , Section 00-30 (B ] for permission to establish and locate church for worsh.ip in this "A-80 " Residential and Agricultural Zoning District . Location of Premises : 11565 C. R. 48 (a/k/a 11565 WIckham Avenue ) , Mattituck , NY ; County Tax Map Parcel No . 1000-108-01 -003 . 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 COMMUNITY CHRISTIAN FELLOWSHIP , INC . , and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , and it is noted that no opposition has beenreceived ; and WHEREAS, the board members are personally familiar with -the property and the character of the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . This is an application for a Special Exception in accordance with Article III , Section 100-30 ( B) [2] of the Zoning Code for permis- sion to establish and construct a church for purposes of worship in this "A-80" Residential and Agricultural Zoning District. 2 . The premises in question is located at the intersection of County Road 48 and Wickham Avenue (Old Middle Road ) and is iden- tified on the Suffolk County Tax Maps as District 1000 , Section 108 , Block 01 , Lot 003 . 3 . This parcel is presently vacant and contains an area of 113 , 624 sq . ft. (or 2 . 6084 acres ) . 4. Proposed is an 80 ' by 20 ' two-story church structure (without entry ) as shown on survey revised May 29 , 1985 with a setback of at least 100 feet from C. R. 48 , 40 feet from the west- erly side line , and approximately 200+ feet from Wickham Avenue . 5 . The total gross floor area is shown to be 3 , 174 sq'. ft. Southold Town Board of Appeals -18 July 18 , 1985 Regular Me-eting (Appeal No . 3372 - COMMUNITY CHRISTIAN FELLOWSHIP , continued : ) 6 . The board has been assured that the Community Christian Fellowship , Inc . is a Not-For-Profit Corporation registered in the State of New York September 25 , 1972 . 7 . For the record , it is noted that the Planning Board has not submitted any objections concerning this project which may affect the granting of this application . In considering this application , ' the board has : (a)- considered items [a] through [1 ] of the Zoning Code ; (b ) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (c ) determined the safety , health , welfare , 'comfort , convenience and order of the town will not. be adversely affected by the proposed use and its location ; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this _-is a use permitted by legislative action and will - meet- the requirements of ,Article III , Section 100-30 (B ) [2] , subsec.t.ions ('a ) and (b ) of the zoning code . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that a Special Exception in the Matter of .the Application, �of 'COMMUNITY CHRISTIAN FELLOWSHIP, 'INC . under Applica- tion No . 3372 , BE ' AND HEREBY ' IS GRANTED permission to establi.s.h a church for worship , as conditionally - authorized by Article III , Section 100-30 (B ) [2] (a ) and (b) , a.n-d subject to site-plan approval of the Southold Town Planning Board (per Article XIII ) , and referral to the Suffolk County Department of Planning (per Sections 1323 , et seq . of the Suffolk County Charter ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . .r Southold Town Board of Appeals -17-July 18 , 1985 Regular Meeting '(Appeal No . 3353 - GENEVIEVE RICHARDS , Special Exception , continued : ) Town Board of Appeals . 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 . 3372 : Application of COMMUNITY CHRISTIAN FELLOWSHIP , INC. for a Special exception to the Zoning Or inance , rtic e III , Section 00-30 (B )[2] for permission to establish and locate church for worship in this "A-80" for and Agricultural Zoning District . Location of Premises : :11565 C. R. 48 (a/k/a 11565 WIckham Avenue ) ; Mattituck , NY ;. County Tax Map Parcel No . 1000-108-01 -003 . 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 COMMUNITY CHRISTIAN FELLOWSHIP , INC . , and WHEREAS , the board members have considered all testimony and documentation entered into the . record in this matter , and it is noted tha.t no opposition has beenreceived ; and WHEREAS , the board members are personally familiar with -the property and the character of the surrounding areas ; and WHEREAS , the board made th.e following findings of fact : 1 . This is an application for a Special Exception in accordance with Article III , Section 100-30 ( B) [2] of the Zoning Code for permis- sion to establish and construct a church for purposes of worship in this "A-80" Residential and Agricultural Zoning District. 2 . The premises in question is located at the intersection of County Road 48 and Wickham Avenue (Old Middle Road ) and is iden- tified on the Suffolk County Tax Maps as District 1000 , Section 108 , Block 01 , Lot 003 . 3. This parcel is presently vacant and contains an area of 113 , 624 sq .. ft . (or 2 . 6084 acres ) . 4. Proposed is an 80 ' by 20 ' two-story church structure (.without entry ) as shown on survey revised May 29 , 1985 with a setback of at least 100 feet from C. R. 48 , 40 feet from the west- erly side line , and approximately 200+ feet from Wickham Avenue . 5 . The total gross floor area is shown to be 3 , 174 sq . ft. Southold Town Board of Appeals -18-July 18, 1985 Regular Meeting , (Appeal No . 3372 - COMMUNITY CHRISTIAN FELLOWSHIP , contin-ued : ) 6 . The board has been assured that the . Community Christian '; Fellowship , Inc . is a Not-For-.Profit Corporation registered in . the State of New York September 25 , 1972. 7 . For the record , it is noted that the Planning Board has , not submitted any objections concerning this project which may affect the granting of this application . In considering this application , the board has : (a) considered . items [a] through [1 ] of the Zoning Code ; (b ) determined the use will not prevent the orderly and reasonable use of adjacent properties . or of properties in adjacent use districts ; (c ) determined the safety , , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed use and its location ; (d) determined that the use is in harmony with and will promote the ' general purposes and intent of zoning since this -is a use permitted , by legislative action and will meet the requirements of Article III , Section 100-30 (B )[2] , subsections (a ) and (b ) of the zoning code . Accordingly, on motion by Mr . Goehringer , seconded by .Mr . Grigonis , it was RESOLVED , that a Special Exception in the Matter of .the Application of COMMUNITY CHRISTIAN 'FELLOWSHIP ; ' INC . under Applica- tion No . 3372 , BE AND HEREBY IS GRANTED permission to establish a church for worship , as conditionally authorized by Article III , ;Section 100-30 (B ) [2] (a ) and (b) , a.nd subject to site-plan approval of the Southold Town Planning Board (per Article XIII ) , and referral to the Suffolk County Department of Planning (per Sections 1323 , et seq . of the Suffolk County Charter ) .. .. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was ado.pted by unanimous vote of all the me.mbers . Southold Town. Board. of Appeals -19- July 18, 1985 .Re:gul.ar. Meeting PENDING DECISION : Appeal No . 3359: Application for THOMAS YASSO (Williston Beverage ) , by Environment East , Inc . , 3075 Indian Neck Lane , Peconic, NY for a Variance pursuant to Z . B. A. decision rendered 5j22j75 under Appeal No . 2029 for a proposed addition which will exceed the restricted lot coverage for this "B-l " General Business zoned parcel located at the south side of Main Road , Mattituck, NY; County Tax Map Parcel No . 1000- 122-3-5 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on June 13, 1985 in the Matter of the Application of THOMAS 'YASSO; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , including testimony in opposition during the public hearing; and WHEREAS , the board members are personally familiar with this property , its surrounding business and residential uses , and the hazardous traffic and parking situation in this area ; and WHEREAS, the board made the following findings of ,fact: 1 . By this application , appellant requests permission to construct _a 7 ' by 15,' addition to the present building for addi - tional refrigerated storage space as- shown on the November 13 , .: 1984 application for a building permit . 2 . On December 3 , 1984 , the building inspector issued a Notice of Disapproval for same on the grounds that same would not be in conformity with the May 22 , _1975 conditions of Zoning Board of Appeals decision under Appeal No . 2029 which limited an addition to. a 64 ' by 30 ' size._ 3 . The premises in question is located on the south side of .the Main Road (State Route 25 ), directly south of .its intersec- tion with Pacific Street. 4. This parcel contains an area of approximately .11 ,000 sq . ft. with frontage along the Main Road of_ 90 . 85 feet, with reductions in. width to .26 . 80 feet along the rear (s_outh ) property line . 5 . The subject parcel is improved with a one-story concrete block building with an attached one-story metal bu.ilding_., having minimal setbacks : (a ) from the northerly [road] property line _at 15± feet (b) west side yard at 7± feet _ _.(c ) sou.th _rear yard at Southold Town Board of Appeals-20-July 18 , 1985 Regular Meeting (Appeal No . 3359 - THOMAS YASSO, continued : ) 1819" (d ) east side yard at 15 ' 8" . 6 . In personally visiting the premises , the board finds , a very hazardous situation for trafficking in the front of this property , as well as insufficient parking facilities , insufficient egress and ingress , traffic congestion , inefficient and unsafe circulation of vehicles and pedestrians . In considering this application , the board finds that : (a ) the relief requested is not in the interest of the protec- tion and promotion of the public health , safety , welfare ; ( b ) the relief requested is substantial in relation to the zoning and:_off-'street parking re�u.fr..ements ; (c ) by allowing the variance , there will be an adverse affect on adja- cent properties for their safe circulation of vehicles and pedes-. trians since the applicant ' s available open area is being reduced ; (d) the circumstances of applicant ' s difficulties are not unique ; (e ) in view of the manner in which applicant ' s difficulties arose , the interests of justice will be served by denying the variance , as noted below. Accordingly , on motion . by Mr. Douglass , seconded by Mr . Sawicki , it was RESOLVED , to deny the relief requested under Appeal No . 3359 in the Matter of the Application of THOMAS YASSO (Williston Beverage ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members present . PENDING DECISION : Appeal No . 3356 : Upon application of -GREGORY SIMONELLI , c/o Gary Flanner Olsen , Esq . , P . O . Box 706 , Cutchogue ; NY for a Variance to the Zoning Ordinance , Article III , Section 100-..31 , Bulk Schedule , for approval of insufficient lot area and lot_ width of two parcels in this proposed three-lot subdivision located at the South Side of Grand Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-107-02-04 . Following deliberations , the board took the following action : WHEREAS, a public hearing was held and concluded on June 27 , 1985 , in the Matter of the Application for GREGORY SIMONELLI ; and Southold Town Board of Appeals -21 - July 18 , 1985 Regular Meeting (Appeal No . 335.6 GREGORY SIMONELLI , continued: ) WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , including the June 27 , 1985 appraisal report , and Exhibits I and II , submitted during the public hearing in this matter ; and WHEREAS , it is . noted for the record that opposition has been received from residents in the area during the hearing in this matter ; and WHEREAS , the board members are familiar with the property in question , its present use and building , and the surrounding area ; and WHEREAS , the board made the .following findings of fact : 1 . By this application , appellant seeks approval of the insufficient area and insufficient lot width of : (a ) Lot 1 of 40 ,000 sq . ft . and 150 ft. , respectively , and (b ) Lot 2 of 34 ,835 sq . ft . and 128 . 86 ft . , respectively , [exclusive of proposed right-of-way to Lot 3 which contains an area of 10 ,230± sq . ft. ] . Lot #3 would contain an area of 82 ,637 sq . ft . 2 . Propos.ed Lot No . 1 is shown to be improved with one single-family dwelling frame house and attached garage , set back from the westerly side line 35 . 5 ft. at its nearest point and 22 ft . at its nearest point from the easterly (proposed-division ) line . Proposed Lots 2 and 3 are vacant . 3 . Of the eleven lots adjacent to the subject premises , only two are of a size smaller than that proposed by Lot No . 2 . 4. Although the board agrees that a majority of the lots adjacent to the subject premises are of a size less than the current zoning requirements of 80 ,000 sq . ft . in area , this majority does consist of lots between 40 ,000 sq . ft. and 64 ,500± sq . ft . in area , which is greater than that proposed by this application . In considering this appeal , the board finds that : (a) this proposal as submitted is - not consistent with those generally existing on this block ; (b) the relief requested is substantial , being at least 45% of a variance from the current requirement of lot area ; (c ) by allowing the variance as applied , there will be a substantial change in the character of the district for the reasons noted above ; (d) the practical difficulty claimed is not sufficient to Soythold Town Board of Appeals -22-July 18 , 1985 Regular Meeting (Appeal No . 3356 - GREGORY SIMONELLI , continued : ) warrant a granting of the application as applied ; (e ) in view of the manner in which the difficulties arose , the interests of justice will be served by denying the application as applied. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED, that the relief requested under Appeal No . 3356 in the Matter of the Application for 'GREGORY SIMONELL.I be and hereby is DENIED . 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 . 3375 : Application of R. L . BERGEN CO . , INC . for a Variance to the Zoning Ordinance , Article VI , Section 100-60 100-8O ( C) [2] for permission to erect detached ground sign , the lower edge of which is proposed to be less than four feet above ground . Premises zoned "C-Light" Indus- trial and identified as 9275 Main Road , Mattituck, NY; County Tax Map Parcel No . 1000-122-06-12 . 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 L . BERGEN OIL , INC . ; 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 no opposition has been entered by anyone ; and WHEREAS , the board members are familiar with the property in question , this and surrounding zoning districts ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant seeks permission to erect a 6 ' by 2 ' on-premises ground sign for the purposes of advertisement for the existing fuel -oil business on this parcel . - 2 . The subject parcel contains an area of approximately 1 . 7 acres with 100± frontage (lot width ) along the north side of the Southold Town Board of Appeals -23 July 18 , 1985 Regular Meeting (Appeal No . 3375- R. L . BERGEN OIL CO . , INC . , continued : ) Main Road (State Route 25 ) , Mattituck . 3 . The premises in question and abutting parcels on the east are zoned "C-Light" Industrial , and adjoining same on. the west are premises zoned "A" Residential and Agricultural . 4 . The ground sign is proposed to be located five feet from the town sidewalk area near the southerly property line and approximately 24 feet from the easterly side property line marker. 5 . It is the board ' s opinion that the sign is minimal in size and would certainly be more aesthetic and would not have a commercial advertising effect in the design sketch submitted for consideration . In considering this appeal , the board finds that this proposal : (1 ) will not substantially change the character of this zoning district ; (2 ) will not be adverse to adjoining properties ; (3 ) will not cause a substantial effect of increased population density which may be produced on available governmental facilities ; (4) in view of the character of the surrounding areas , the interests of justice will be served by allowing the variance , as noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Doug- lass and Mr. Goehringer , it was RESOLVED , that the relief requested in the Matter of the Application of R. L . BERGEN OIL , INC. for permission to erect a 6 ' by 2 ' on-premises advertising ground sign , BE AND HEREBY IS GRANTED , SUBJECT TO THE FOLLOWING CONDITION : That the bottom edge of the sign be not less than two feet above ground level . Vote of the Board: Ayes : Messrs . Goehringer , Douglass , Doyen , Grigonis and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -24- July 18 , 1985 Regular Meeting PENDING DECISION : Appeal No . 3366 : Upon application for JOSEPH AND ARLENE LESTINGI , c/o David Kapell , 400 Front Street , Greenport , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate garage in the frontyard area as revised (from previous Appeal #3296 ) . Location of Property : 1150 Sound Drive , Greenport , NY ; County Tax Map Parcel No . 1000-33-04-0.01 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on June 27 ," 1985 , in the Matter of the Application of JOSEPH LESTINGI , Appeal No . 3366 ; 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 permission to locate an accessory garage-structure- in the frontyard area with a setback of not closer than 52 feet from the front (south ) property line along Sound Drive and having a setback from the westerly sideyard line at not less than 17 feet . 2 . The parcel in question is located in the "A-40 " Residential and Agricultural Zoning District, contains an area of 37-,741 sq . ft. , with .100 ' frontage along the north side of Sound Drive, , Greenport , and is identified on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 04 , Lot 001 . 3 . The subject premises is presently improved with a new one-family dwelling , situate 172± feet north of the front property line along Sound Drive and having minimum sideyard setbacks of 19 feet , and pool and deck areas having a setback at its nearest point 26± feet from the bank , as more particularly shown on site plan approved under Building Permit #13506Z issued October 29 , 1984. 4 . It is apparent that in locating the principal dwelling with deck and pool additions at the most. northerly e_nd. of the parcel near the bluff area , that the appellants '_ difficu.lties are self-,imposed . 5 . Due to the circumstances of the existing construction , the board agrees that an accessory garage structure with a setback Southold Town Board of Appeals -25- July 18 , 1985 Regular Meeting (Appeal No . 3366 - JOSEPH AND ARLENE LESTINGI , continued : ) of not closer than 52 feet from the front property line would be within the character of this area at the westerly end of Sound Drive . 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 . Douglass , it was RESOLVED , to grant the location of an accessory garage structure in the frontyard area not closer than 52 feet from the front (south ) property line along Sound Drive , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the structure be located no closer than 15 feet from the westerly si.deyard line (as requested ) ; 2 . That the garage structure be of a size not to exceed 26 ' by 261 ; 3 . That the garage door (s ) not face the street line ; 4 . There be no living , plumbing or other utilities that would condone habitable or sleeping quarters which is not per- mitted under the zoni.ng ordinance ; 5 . That this structure not exceed one-story in height (18 feet) ; 6 . There be no obtrusive lighting which will be adverse to surrounding properties ; 7 . The structure be located as requested , not closer than 52 feet from the front (road ) property line ; 8 . That in no event shall this accessory structure be permitted to be converted for living or .sleeping quarters . 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 -26- July 18 , 1985 Regular Meeting FISHERS ISLAND ANNUAL MEETING: Each of the board.'members were given notice of invitation to attend the Annual Fishers Island Town Board Meeting on August 7 , 1985 , leaving CLaud.io ' s Dock at 9 a .m. and returning approx . 5 : a .m. No. confirmation was received as yet . PENDING DELIBERATIONS : Appeal No . 3338 - MR . AND MRS. HOWARD L . YOUNG , Mai.n..Road, Orient , New York. The public hearing on this matter was concluded on June 13 , 1985 '. The board asked Mr. Lessard to submit a copy of an up-to-_date_ C . O. or pre-C. O. or other document indicating the present legal status of the entire '-parcel and each existing structure . This matter will be discussed again August 8th . PUBLIC HEARINGS FOR AUGUST 8 , 1985 On motion by Mr. Douglass; seconded by Mr.. Goehringer , it was RESOLVED, that the following applications be and hereby are scheduled.. to be held for public heari.ngs at the next Regular Meeting of this. Board , to wit : THURSDAY , AUGUST 8 , 1985 , to be held at the Southold Town Hall , Main Road, Southold ', New York, and be it further RESOLVED, that the Secretary 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 Long-. Island Traveler-Watchman , Inc . : 7 : 30 p .m. Appeal No . 3378 - MARK A. SQUIRES . Pool on vacant parcel . E/s Vanston Road , Cutc.hogue_. Subd . Lot 356 . 7 : 35 p .m. Appeal No . 3380 - GEORGE 'AND DORIS SULLIVAN . Accessory storage building in easterly sideyard area . S/s Sandy Beach Road, Greenport... 7 :40 .p .m. Appeal No . 3381 -� O.TTO ZAPF . Accessory storage (garage ) building in frontyard area . Private R.-O-W off .North Side of Main Road, Orient . 7 :45 p .m. Appeal No . 3377 - NICHOLAS IPPOLITO . Variance as to insufficient lot area of two parcels , each with an existing dwelling . Carole Road , Southold. 7 : 50 .p .m. Appeal No . 3348 - CHARLES P . SIMMONS . Variance as to insufficient lot width-of-two parcels in this four-lot division . N/S Sound Avenue , Mattit_uck. . 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 -27- Jul!y 18 , 1985 Regular Meeting NEW FILE : Appeal No . 3379 - RUTH ENTERPRISES/C & D Realty/ C. Cornell . The board reviewed the file and noted that comments or recommendations from the Planning Board has not yet '' been received . The Secretary was authorized and directed to send a letter to the applicants" requesting : (a ) additional proper notice to adjacent property owners if the applicant is request insufficient sideyard setbacks and insufficient parking spaces in his application ; (b) c1ar.i.f.i.cation as to whether. the applicant wishes to included sideyard and parking. in this app.e,al_; (d ) written comments, recommendation or approval from the .Planning Board concerning the pending -site plan. _elements ; (e ) Notice of Disclosure for bbth corporations of its individuals having an interest therein . Motion was made by Mr . Douglass , seconded by Mr . Goehringer , and unanimously carried. ' NEW.-'FILE : Appeal. No . 3382 =. 'BA.YVIEW. .VENT.URES 'and MATT.ITUCK HAR.B.OITA =.ATES . The, board r.evi.ewed the file received July 105. 1985 , and motion was -made by 'Mr. Douglass, seconded by Mr . Goeh- ringer, that it be RESOLVED, that the Chairman is authorized and directed to hold - the ._Matter of the . Application for BAY. 'VIEW. .V.EN.TURES AND 'MATTITUCK: HAR.B.OR. ASSOCIATES temporarily' _in _abeyance -.pending receipt-.of .input and communications from the Suffolk__ County Depart- ment of .Health Services regarding th_e pending SPDES and water _supply system ap.p.l_ications ; and i_t be further RESOLVED, that a Disclosure Statement be requested disclosing any and all persons/individu.als having an interest. in either Bay Vi_ew. Ventu_res and Mattituck Harbor Associates (and any other corporation which may have an interest thereunder. ) 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 -28- July 18 , 1985 Regular Meeting NEW FILE : Appeal No . 3389 - NICHOLAS PETIKAS. Variance to usb-�parcbl : Presently:lof:..whi;ch 9 ' 776 .;sq . ft. is " B-Light'' zoned and the remaining 1.1 ,707 sq . ft is "A" Residential and Agricultural zone , at the W/s Sound Road , N/S North Road , Greenport , NY . In viewing the application which was filed this afternoon , it was the consensus of the board that the following documentation be requested before scheduling this matter for a public hearing : (1 ) copy of the recent action or, .letter of recommendations from the Southold Town Planning Board concerning the site plan ; (2 ) certification on the recent survey amended 5/9/85 certify ing the exact square footage and percentage-,- of relief requested [by a licensed engineer or surveyor] ; (3 ) updated notice to neighbor form together with affidavit of mailing and certified receipts dated at least five days preceding the filing of the variance application [Art.icle XI , Section 100-125[A[] ; The board members were unanimously; in„ agreement. AMENDMENT TO ZB-2. Special Exception Form: On motion by Mr. Goehringer , seconded by Mr. Douglass , it was RESOLVED , to authorize and direct an amendment to the Form ZB-2 , Special Exception Application , to include "Location of Property" and "whether prior applications to the ZBA have been made concerning the subject property. ". Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . APPROVAL OF MINUTES: On motion by Mr. Grigonis , seconded by Mr. Goe ringer , it was RESOLVED, to approve the Minutes of the following Meetings : June 19 , 1985 Special Meeting -- June 27 , 1985 Regular Meeting June 13 , 1985 Regular Meeting . Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen, Douglass and Sawicki . This... resolution was adopted by-_ un_animous vote of all the members . Southold.' Town.. Board of Appeals -29 July 18 , 1985 Regular Meeting PENDING COMPLIANCE : Appeal No , 3184 - PETER AND PATRICIA LENZ. The board members reviewed the recent update on this matter ,. and the Chairman advised the board of his past and recent discussions with the Town Attorney. The Bbard :agreed that Mr. Lenz should be sent a letter asking his immediate attention on the pending variances , or the board would consider to initiate a proceeding to revoke the area and 280-a variances granted. PEND.ING. "VARIANCE 'COND.ITI.ONS : Appe.al. No . 2735 —HARRY 0 . HURBURT', 'JR. - Conditional 'variance g_ranted_:October 16 ,. 1980 Member - Doyen advised the board -that i - checking with Mr. Hurlburt recently , . Mr . Hurlburt Indicated that the accessory building was not constructed. - One of the board' s. condition5 is that the applicant apply each year for annual renewal , and since the building has not been_ constructed; ..and annual renewal not requested , the variance at this time is fruitless . RENEWAL .OF SPECIAL EXCEPTION 'ANNUAL 'PERMITS; On motion by Mr. Gri goni s, seconded_-by ,Mr , - Dougl ass ,., it was RESOLVE, to approve. the following Special Exception off-premises sign renewals fora period of ONE-YEAR from the date hereof and subject to the Federal Highway _Beautification Act and Funding Laws for Highways , _if .applicable :_ (continued on page 30 and 31 ) Southold Town Board of Appeals -30- July 18 , 1985 Regular Meeting Name : Permit Number : Agway , Inc . 1898 Brian ' s Song Inc . 2288 . Edna A . Brown 1084 Armando Cappa The Barge Restaurant 1428 Steve Doroski 1029 Mr . L . Duell Orient Country Store Ltd . 907 Frohnhoefer Electric Co . Inc . 1028 C. S . Jackson Getty Oil Griffin Service Station 1039 JoAnthony ' s Restaurant 1165 Thomas & Florence Jurzenia 206 • 1073 If 1074 it It '" 1072 Fred Kaelin 900 Theodore Klos 1025 John Koroleski 1784 James Kreh Magic Fountain 887 Marian Council Knights of Colombus 1024 Lions Club of Mattituck 1065 Long Island Vineyards , Inc . 2309 Mattituck Inlet Marina 1753 Mattituck Inlet Marina & Shipyard , Inc . 1727 1321 fj If If 1322 Mattituck Merchants Inc . 279 Southold Town Board of Appeals -31 -July 18 , 1985 Regular Meeting iI Name : Permit Number: Mattituck Plumbing and Heating Corp . 935, North Fork Community Theater 914 Port of Egypt Fishing Station 915 Puerto Verde Restaurant 2037 1580 Fred and Harold Reese 1441 Reeve Lumber and Woodworking Co. Inc . 1020 Rhumb Line , Inc 2438 Sacred Heart R. C. Church 2712 San Simeon By The Sound 1224 Russell P . Siileck Agency . 1013 Silvermere Bungalows 930 Richard Sledjeski Porky' s Restaurant 1042 Sound Shore 1252 Southold Rotary Club, Inc 2443 Sunset Motel .. 901 Sunset Motel 902 Robert Tabasko Mattituck Motel 2026 Alfred Terp 1932 Village Marine of Mattituck 1714 Volinski Olds , Inc . 1582 Wells Pontfac '.Cadillac 1312 Woodho.11ow Properties , Inc . 909 Howard Zehner 442 John Wickham Wi.ckha•m Fruit Farms 1009 Claudio ' Restaurant 2562 Mattituck Presbyterian Church 932 Herbert Sanders I 1007 St . Peter ' s Lutheran Church 2444 2445 Patricia Drossos Zeller 1927 S e. Southold Town Board of Appeals -32- July 18 , 1985 Regular Meeting (Sign Renewals , continued : ) Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . At 10 : 15 p .m. , Mbmber Sawicki made a motion to go into Executive Session to discuss pending litigation on the Matter of Heinisch vs . ZBA and Huberman , and the Matter of Town vs . Harold Walters . This resolution was unanimously adopted. Executive Session 10: 15 -, 10 : 45 p .m. At. 10 :.45 p .m. , the Chairman declared the meeting adjourned . Respectfully submitted , Linda F . Kowalski , Secretary Southold Town Board of Appeals RECEIVED AND FILED BY Ap oved - Gerard P . Goeh nger , Chairman THE SOUTHOID TOWN CLEEK 8/22/85 DATE F/,O lF s HOUR 9;�9 4--M. o Clerk,dawn��00�ut �