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HomeMy WebLinkAboutZBA-06/25/1986 SPEC J L 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 - - - - - - - SPECIAL MEETING WEDNESDAY , JUNE 25 , 1986 A Special Meeting of the Southold Town Board of Appeals was held on Wednesday , June 25 , 1986 , at 7 : 00 o ' clock p .m. at _the Southold Town Hall , Main Road , Southold , New .York . 11971 . Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis , Jr . , Robert J . Douglass , and Joseph H. Sawicki , con- stituting a majority plus one (four ) of.. ,the...members . Absent was : Serge Doyen , Fishers Island . Also present were : Victor Lessard , Building-Department Executiv.e-Administrator , and Linda Kowalski , Secretary . and Board Clerk . The Chairman opened the meeting at 7 : 10 p .m. and proceeded with the first matter of business on the agen_da , ,as follows : ENVIRONMENTAL DECLARATIONS : On motion by :Chairman Goefiringer., ._ seconded., by Member Sawicki , it was RESOLVED , to declare the following Environmental Declarations indicating the following projects not to have an adverse effect upon the environment for the reasons noted therein , in accordance with Part 617 of the implementing regulations of the N . Y . S . Environ- menta_1 " Qual_ity Review Ac_t (SEQRA) and Chapter 44-4 of the Code of the Town of Southold : Appeal No . 3499 - Daniel and Lisa Jerome , Main Road , Southold . Appeal No . 3502 - Gregory Follari , Sound Drive , Greenport . Appeal No . 3508 - David Moore , Soundview Avenue , Southold . Appeal No . 3515 - Howard Reinhart , Main Road , Peconic . Appeal No . 3516 - Albert J . Bodenstein , Indian Neck Rd , Peconic . Appeal No . 3424 - Eleanor Leonard , Willow Point Rd , Southold . (continued on page two ) ti Southold. Town Board of. Appeals -2- June 25 , 1986 Special', Meeting Appeal No . 3518 -,' Marjorie D . Petras , Koke Drive , Southold . A ppe'al No ., 3505 Ralph and 'L'ucille Stocker , Snug Harbor Rd , . Sld . Appeal No . 3512 - Samuel Bail , Sigsbee Road , Mattituck.' Appeal No . 3510 - Richard and Ruth Zeidler , McDonald ' s Crossing , Laurel Appeal No . 3524 - Port of Egypt Enterprises , Main Road , Southold . Appeal No . 3525 - Port of Egypt Enterprises , Main Road ,! Southold . S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 35.0.2 - - - - - - - - - - - PROJECT NAME:. 'GREG.0RY. -.FOLLARI 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. I Please take further notice that this declaration should not be considered a determination made for any other department or_ lagency which may also have an application pending for the same or similar project. TYPE OF ACTION: [XI Type II [ ] Unlisted L l v DESCRIPTION OF ACTION: Variance for insufficient setba?ck from .top of bluff along Long Island Sound , N/s .Sound Drive . i, LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: N/s Sound Drive , Greenport.; 1000-33-!i1 -15 . REASON'(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to, the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question at at an elevation of 10 or more feet above mean sea level . (3 ) 'The relief requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act- 6 NYCRR. s ` f Southold Town Board of Appeals -3- June 25 , 1986 Special Meeting ,(Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3499 PROJECT NAME: DANIEL AND 'LISA JEROME 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: [ J Type II [XJ Unlisted [ J DESCRIPTION OF ACTION: Special Exception for accessory apart- ment in existing single-family dwelling ( "A" Residential Zoning District ) . LOCATION OF PROJECT: Town of Southold; County of Suffolk more particularly known as: 45125 Main Road , Southold ; 1000-75-02-' . 1 . 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) Expansion of perimeter of dwellings as exists in not proposed by .this appl'ication ; this application is for the use of structure as exis.ts _for an accessory apartment as defined by Art . III , Section 100-.3.0 (A) of the Zoning Code . (3) The subject premises is not located within 300 feet of tidal wetlands or waterway . *'Southold Town Board of Appeals -4- June 25 , 1986 Special Meeting (..Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3508 PROJECT NAME':'DAVID .MOORE 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: [XI Type II [ ) Unlisted [ DESCRIPTION OF ACTION: Variance to. locate structure with an insufficient setback from bluff. LOCATION OF PROJECT: Town of Southold;. County of Suffolk, more particularly known as: N/s Soundview Avenue , Southold ; 1000-51 -4-17 . REASON`(S) SUPPORTING THIS DETERMINATION: (1) Ari Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The . relief .requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review _Act , 6 NYCRR. _. Southold Town Board of Appeals -5- June 25 , 1986 Special Meeting (Environmental Declarations , continued : ) ... S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3515 PROJECT NAME: HOWARD REINHART 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 no.t be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X ] Unlisted ( ] DESCRIPTION OF ACTION: Variance to -change use of building for wood-working and sales of .handmade products in this "A" zone , also preexisting for anti que.. sales . (nonconforming ) . LOCATION OF PROJECT: Town of Southold; County of Suffolk, ' _more particularly known as: N/s Main Road , Peconic ; 1000-75-1 -16 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has �been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of the premises and is not directly related to new construction . Southold. Town Board of-Appeals -6- June 25 , 1986 Special Meeting (-,Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3516 PROJECT NAME: 'MR: 'AND MRS . ALBERT -J :. 'BOD.EN.STEIN 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: [ XI Type II [ J Unlisted [ J DESCRIPTION OF ACTION: To construct addition with an insufficient setback from the closest northerly property line as shown on sketch of .4/22/86 . ... LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: 6135 Indian Neck Road , Peconic ; 1000= 86-6-19. REASOW(S) SUPPORTING THIS DETERMINATION: (1) Ah Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be , imple- mented as planned; (2) The •relief requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act ,-6 NYCRR. s i I I *South0Id' Town Board of, Appeals -7- May 22 , 19.86 ,,Regular Meeting ,I I I , i (E;nvironmenta1 D'ecIar.ations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3424 PROJECT NAME: ''ELEANOR LE.ONARD 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_ ;agericy which may' also have an application pending for the same or sim.ildr project. TYPE- OF ACTION: [XI Type II ( ] Unlisted DESCRIPTION OF ACTION: Area variance for approval ofre-separa- tion of two contiguous parcels having insufficient area., width -and depth . (Lot-line variance ) - LOCATION. OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: ROW. off the e/s Bay Home Road (:and along -the - southerly end of Willow Point Road ) , Southold ; 1000=56-5-39 , 40 and 41 . REASON•(S) SUPPORTING THIS DETERMINATION: (1) AA Environmental Assessment in the short form has 'ibeen 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 .rel. i.ef requested is not directly related to new construc- tion . (3 ) " Health Department approval was issued 5/28/86 under 086-SO-32 . � S ! I i I i �Southol'd „Town Board of . Appeals -8- May 22 , 1986. Regular Meeting (1E Vironmeental' Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3518 PROJECT NAME: MARJORIE D ; PETRAS 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 ajsigni_fi- 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 agez-.cy which may' also have an application pending for the same or similar project. • TYPE IOF ACTION: [X] Type II [ ] Unlisted ( ] DESCRIPTION OF ACTION: Insufficient setback of proposed additions from bulkhead along Corey Creek . LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: 700 Koke Drive , Southold ,. NY; 1000-87-5-006 . REASON'(S) SUPPORTING THIS DETERMINATION: (1) , AA Environmental Assessment in the short -form has 'been submitted which indicates that no significant adverse effects to the environment are likely to occur-' should this project be imple- mented as planned; (2) - The relief requested is a setback variance regulated as provided in Sec-t_i on. 61 7_. 1 3 of the SEQRA, 6 NYCRR. Southold Town Board of Appeals -9- June 25 , 1986 Special Meeting (.Environmental Declarations , .continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3505 PROJF,CT NAME: RALPH AND 'L UCTLLE 'STOCKER 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: [XI Type II [ ] Unlisted [ DESCRIPTION OF ACTION: Variance to locate new proposed dwelling with an insufficient frontyard setback . LOCATION OF PROJECT: Town of Southold, .County of Suffolk, more particularly known as: 1080 Maple Lane (a/k/a 55 Snug Harbor Road ) , Greenport ; 1000-35-5-28 . REASON (S) SUPPORTING THIS DETERMINATION.: (1) Ari Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617 . 13 of the SEQRA, 6 NYCRR. ' Southold Town Board of Appeals -10- June 25 , 1986 Special Meeting ( Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3512 PROJECT NAME: .SAMUEL. BAIL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for excessive lot coverage and insufficient sideyard setback (s ) . LOCATION OF PROJECT: Town of Southold,.. County of Suffolk, more particularly known as: 1980 Si.gsbee Road , Mattituck ; 1000-144-1 -15 . . REASON (S) SUPPORTING THIS DETERMINATION: (1) Ah 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 -11 - June 25,. 1986 Special Meeting (-Env'ironme.nt.al Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3510 _ _ . . . - . . - - - - - - - - PROJECT NAME: RICHARD 'AND R.UTH ZEIDLER 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 ' [ ] 4 DESCRIPTION OF ACTION: Variance to, locate proposed construction within 75 ` of .b.ulkheadjtid.al water . _-- LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known' as: 100 McDonald ' s Crossing , off the south side of Peconic Bay Boulevard ; Edgemere Park , Laurel , NY; 1000-145-47-15 . REASON.(S) SUPPORTING THIS DETERMINATION: (1) Ali Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act , 6 NYCRR. 'Southold Town Board of Appeals -12- June 25 , 1986 Special Meeting (Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3524 PROJECT NAME: PORT OF EGYPT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to locate fuel tanks with an insufficient setback from tidal wetlands . LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: 6230 Main Road , Southold ; 1.000-56-6-4 , 6 , 6 . 1 . REASON'IS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a 'setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act , 6 VtRR. . - Southold Town Board of Appeals -13- June 25,, 1986 Spe.ci.al Meeting (Environmental Decl'ar'ati'ons , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3525 .. . PROJECT NAME: .. P0RT .0F 'EGYPT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception for installation/ relocation of -marine fuel -storage .tanks in this "C-Light" Industrial Zone . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 6230 Main Road , Southold; . 1000-56-6-4 , 6 , 6 . 1 . ,x REASON (;S) SUPPORTING THIS DETERMINATION: (1) Ai} Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested concerns use of the premises and is not directly related to new construction . Vote of . th'e Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -14- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3500 : Application of NORMAN REICH for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bi c Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive , East Marion , NY ; County Tax Map District 1000 , Section 22 , Block 2 , Lot 41 . Following deliberations, the board took the following action : WHEREAS, 'a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of NORMAN AND KAREN REICH under Appeal No. 3500 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question, its pre_sent zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard, and their testimony wa_s recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS ,, the board made the following findings of fact : 1 . The premises in question is located along the easterly side of Cedar Drive in the Hamlet of East Marion , New York , and is identi - fied on the Suffolk County Tax_ Maps as District 1.000 , Section 22 , Block 2 , Lot 41 . 2 . The subject premises consists of a total area of 12 ,000 sq . ft . with 100 ' lot width (road frontage ) and depth of 120 feet , and is improved with a single-family , one-story dwelling with a fr-ontyard setback of 35± feet , as shown by survey dated_ May 19 , 1978 , prepared by Roderick VanTuyl , P . C . 3 . By this application , appellant requests approval of an existing 12 ' by 20 ' desk at the rear. of the existing _dwelling with an insufficient rearyard setback of 31 feet . 4 . Article III , Section 100-31 , Bulk Schedule "A" of the Southold Town Board of Appeals -15-June 25 , 1986 Speci.al Meeting (Decision , continued : Appeal No . 3500 - REICH : ) Zoning Code requires a minimum 35 ' setback from the rear property line . 5 . It is the opinion of the board members that the variance is not substantial , being 12% of a variance from the requirement . In considering this appeal , . the board also finds and determines : (a ) that the practical difficulties claimed are suffi - cient to warrant this variance ; (b ) the circumstances are unique and are not shared 'by other properties existing generally in the neighborhood, ' (c ) there w.ill be no substa_nt_i al change in the character of the neighborhood, 'or detriment to_ adjoining properties ; (d ) the difficulty cannot be obviated by some method feasible for appellants _to pursue other than a variance ; (e ) that in view of the manner in _which the difficulty arose and in consideration of all the above factors. the. _inte_rests of justice will best be served by_. allowing th.e variance as condi.ti.on.alTly noted below. Accordingly, on motion by Mr. Sawicki , seconded by Mr . Douglass , it was RESOLVED., that the relief requested under Appeal No . 3500 for approval of_- an 12 ' by 20 ` deck -with. an insufficient rearyard setback at_ 31 . feet , _ as ._appli.ed in the - Matter of. :NORM-AN AND KAREN REICH , BE AND _HEREBY IS 'APPROVED, 'SUBJECT. TO. -THE -FOLLOWING -CONDITIONS : 1 . That the deck in question not be enclosed or covered ; 2 . That the rea'ryard setback not be. less than 31 feet as applied . Vote of the Board : Ayes : Messrs . Sawicki , Douglass and Doyen . (Chairman Goehringer abstained and " Member Doyen was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -16- ' June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3504 : Application of GREENPORT HOUSING ALLIANCE for a Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and an insufficient northerly sideyard at 1300 Seventh Street , Greenport , NY ; Map of Greenport Driving Park , Map #369, Lot #34; County Tax Map District 1000 , Section 48 , Block 3 , Lot 16 . Following deliberations, the board took the following action : WHEREAS, 'a public hearing was held and concluded on May 22 , 1986 in the Matter of- the Application of 'GREENPORT HOUSING ALLIANCE under Appeal No . 350.4; and J WHEREAS, the board members have personally viewed and are familiar with the premises in question , itS present zoning , and ._the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the west side of Seventh Street , Greenport , more particularly known and referred to as Lot No . 34 , "Map of Greenport Driving Park , " filed in the Suffolk County Clerk ' s Office as Map No . 369, .December 1 , 1909 " and i_s identified on the Suffolk County Tax Maps as District 1000 , Section 48 , Block 3 , Lot 16_. 2 . The subject premises consists of a total area of 4 ,506 sq . ft . with 45 . 07 ' frontage ' (1ot width) along Seventh Street , and is presently improved with a delapidated structure set back ll± feet from its front property line , rearyard setback of 46± feet , and sideyards of 10 and 20 . The structure as exists is unhabitable and will be removed and replaced . 3 . Proposed to replace the existing structure is a new single-family dwelling to .be set back a minimum of 20 feet from 41 Southold Town Board of Appeals .-17- June 25 , 1986 Special Meeting (Appeal No . 3504 - GREENPORT HOUSING ALLIANCE , continued : ) the front property line , at least 35 feet from the rear property line , eight feet from the northerly side property line , and ten feet from the southerly side property line , all as shown by survey revised May 1 , 1986 , prepared by Roderick VanTuyl , P . C . 4 . The variances requested are : (a ) total insufficient sideyards at 18 feet rather than the required 25 feet , and (b) insufficient northerly sideyard at eight feet rather than the required 15 feet . It is the opinion of the board that this proposal is unique and is not .unreasonable , particularly in light of the established setbacks of the existing stru-cture . In considering this appeal , the board also finds and determines : (a ) the practical difficulties claimed are unique and sufficient to warrant the granting_ of thi..s variance ; (b) the circumstances are not shared 'by other properties generally existing in the neighborhood ;. (c )_ the difficulty cannot be obviated by some method feasible for appel_7ant t_o pursue other than a variance , 'partic.ularly due to the_ narrowness of the lot ; . (d ) there will be_ no substantial change in the character of the neighborhood,. or no to adj.oini.ng properties ; (e ) that in view of the manner in which the difficulty arose and in considera- tion of all the above factors, the—interests of justice will best be served _by allowing the variance., as noted below . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it was RESOLVED, that the relief .requested under Appeal No . 3504 in the Matter of the Application of .the. GREENPORT HOUSING ALLIANCE for reduced total sideyards of, 18 feet (81 and. 10 ' ) and an insuffi - cient northerly sideyard at eight feet,. 'BE 'AND HEREBY IS APPROVED AS APPLIED . Vote of the Board : Ayes : Douglass , Grigonis , Sawicki . (Member..-, Doyen�abseht,)..(Chairman Goe_hringer abstained . ) This resolution was duly adopted . Southold Town Board of Appeals -18- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3507 : Application of NICK THEOPHILOS for a Variance to the Zoning Ordi - nance , Article XI , Section 100-119 . 2 (A) for permission to locate swimming- pool with deck and fence enclosure within 100 ' of bluff area along Long Island Sound , at 2200 Sound Drive , Greenport , NY ; Lot No . 118 , Map of Eastern Shores , Section 4 ; County Tax Map Parcel No . 1000-33- 1 -16 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter_ of. the Appli o cation f 'NICK THEOPHILOS under Appeal No . 3507 ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question,_ its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimoby was recorded; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the north side of Sound Drive , Greenport , is identified on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 1 , Lot 16_, and is known and referred to as Lot #118 on Map of Eastern. Shores , Section IV , filed March 7 , 1966 . 2 . The subject premises consists of a total area of 33 ,355 sq . ft . with frontage along Sound Drive of 100 . 0 feet , and average lot depth of 318± feet . The upland area between Sound Drive and the top of the.. bank/bluff area is a length of approximately 215 feet . The premises is presently improved with an one-story, single-family dwelling , shown by survey dated August 15 , 1985 prepared by Roderick VanTuyl , P . C . to be set back approximately 70 feet (exclusive of rear porch ) from the top of the bank , and approximately 57 feet inclusive of rear porch , at its closest points . 3 . By this application, appellant requests permission to locate an 18 ' by 36 ' wide swimmingpool with a setback at its closest point t__o the top of bank _at 2.3 feet . The pool as proposed is shown to be an accessory structure at a distance 15 feet away from the dwelling , and centered between the side property lines . _Also proposed around the pool are a three-foot wide wooden walkway , which would be set _back not closer than 20 feet from its closest. point _to the top of bank , and a fence as required by the code along the side and_ rear property lines . 4 . Article XI , Section 100-119 . 2 , sub-paragraph (A) [11 requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (100 ) feet from the top of the bluff or bank . The board agrees that to locate the Southold Town .Board of Appeals - 19- June 25 , 1986 Special Meeting (Appeal No . 3507 - NICK THEOPHILOS , continued : ) proposed accessory building in compliance with this setback requirement would be placing same in front (to the south ) of the existing dwelling . 5 . It is the opinion of the board members that : (a ) the pool be located as far back from the bluff edge as possible ; (b ) any draining of the pool or discharge not be piped over the face of the bluff. In considering this appeal , the board also finds and determines : (a ) although _the percentage of _reli- ef requested from the 100 ' setback requirement is substantial , the present setback is established at 57± feet, which is an automatic reduction of 43 feet ; (b) th_e placement of the pool at a point not closer than 30 feet from the top .of bank i_s not unreasonable and will not be detrimental to adjoining properties or change the character of the district_; (c ) the circumstances are unique ; (d ) the practical difficulties are sufficient to warrant a conditional granting of. _a variance ; (e.)_ the diffi- culty cannot be obviated by some method' feasible for appellant to pursue other than a variance ; (f) that in view of_ th.e manner in which the difficulty arose_ and in consideration of all the above factors ,_ _the interests of justice will best be served by conditionally allowing a variance , as noted below. Accordingly , on motion by Mr . Goehringer, seconded by Messrs . Sawicki and Grigonis, it was RESOLVED , that a Variance for permission to locate accessory swimmingpool with wooden walkway and _fence . enclosur_e within 100 . feet of the Long Island Sound bank ; "BE AND HEREBY IS 'APPROVED in the Matter o_f the Application of NICK 'THEOPHILOS under Appeal No . 3507 , 'SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The pool and wooden walkway construction applied for shall remain an. ac_cessory structu.re , _not to be attached to the dwelling or overhang in _any form . 2 . The pool and wooden walkway shall not be. located closer than 30 _fee.t to the top of bank . 3 . There shall be no obstrusive lighting which will be adverse to other properties . Southold Town Board of Appeals -20--June 25 , 1986 Special Meeting (Appeal No . 3507 - THEOPHILOS decision , continued : ) 4 . There shall be no overhead lighting . 5 . The fencing shall be of chainlink material . 6 . There shall be proper groundcover between the pool and top of bank so as_ to aid in the prevention of erosion . 7 . There be no drainage over the bluff area of water (from the pool , irr%gation , etc .. ) into the Sound . 8 . A11 fill must be .pl aced, 1andward of the bluff. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglas-s and Sawicki . This - resolution was__ duly adopted . (Member Doyen was absent . ) PENDING DECISION : Appeal No . 3501 : Application of NORTH FORK WELDING/SCHOENSTEIN for Variances to the Zoning Ordinance , Articles : a ) XI , Section - 9 . 2 (B ) for permission to locate new building within the required 75 ' setback from wetlands area , ( b ) VI , Section 100-60 for permission to expand nonconforming use of weld- ing business in this "B-Light" Business Zoning District located along the south side of Main Road (S . R . 25 ) , Greenport , NY ; County Tax Map Parcels No . 1000-53-2-12 , 13 and 15 ; Lots 172 , 173 , 174-, Peconic Bay Estates Map No . 658 , and Map No . 1124 as Amended . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of NORTH FORK WELDING/JOSEPH AND LINDA SCHOENSTEIN, under Appeal No . - 3501 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning, and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony wa_s recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and Southold Town Board of Appeals -21 - June 25 , 1986 Special Meeting (Appeal No . 3501 - NORTH FORK WELDING , decision , continued : ) 1979 , under Appeal No . 2541 , a use variance was conditionally granted for the establishment of a welding business at premises identified on the Suffolk County Tax _Maps during 1979 as District 1000 , Section 53 , Block 2 , Lots 13 and 15 , containing a maximum lot area of 26 ,458 sq . ft . By survey mapped April 24 , 1979 , the premises was improved with a barn structure and accessory garage building [see Mitchell Pekunka survey prepared by Roder- ick VanTuyl , P . C . ] The premises during 197.9 also was zoned "B-Light Business . " Conditions placed with the board 's decision are : (1 ) There shall be no outsi-de storage of equipment or work that is to be completed 'by the applicant; (2 ) If the proposed number of .emplo,yees on the premi.ses becomes. larger than two ; the appl i ca_nt sha.1 1 return__ to the. Board of _Appeal s for a review of this action ;_._ (3 ). Suffolk County Planning , Commission approval . 6 . Appe,llant proposes to construct the new one-story metal buildi-n_g _along the westerly yard area 50 feet from the northerly ( front ) property line_,__ 15 feet from the existing building , and not less than 35 _feet from _the westerly property line . The new building is shown. to _be extending into _the _ southerly parcel , overlapping the deed lot line, and having a setback from the most southerly, line _(depi.cted"drainage ditch" ) at not closer than 25 feet . Also _proposed is an- equipment) storage area on the southerly parcel (1000-53-2-12 ) with the existing six-foot stockade_ fencing as shown _b_ y the April 24 , 1986 site plan . 7 . With reference to the expansion of the welding business , it is the position of .this board that the record is not sufficient in showing by dollars and cents proof: (a ) that the land .in question cannot yield a reasonable return if used only for a purpose allowed in this zone district; (b)__ that the plight of the owner is due to unique circumstances which may reflect the unreasonableness of the zoning ordinance itself; ._ (c ) that the use requested will not alter the essential character of the neighborhood . Dollars and cents proof .has not been presented in this case . Also , it has been held ._'by the courts that a Board of . Appeals cannot under the semblance of .a variance exercise legislative powers . It is apparent that the variance in relation to the requested expansion of welding-shop use is substantial , and the effect of .the grant _of same will be a ' Southold Town Board of Appeals -22- June 25 , 1986 Special Meeting (Appeal No . 3501 — NORTH FORK WELDING , decision , continued : ) WHEREAS , the board made the . following findings of fact : 1 . By this application , appellant requests variances to the Zoning ._Ordin_ancee (_a ) Article X.I_,, _Section 100-119. 2 (B ) for permis- sion to locate new building within the required 75 ` setback from wetlands area, and (b) Article VI, Section 100-60 for permission to expand nonconforming use of .welding business in this " B-Light Business " Zo.n.ing_ District ., 2 . The premises in question is. located along the south side of the Main Road (State Route 25 ). at Arshamomaque, in the Hamlet of Greenport, and is identified on the Suffolk Coun`ty. Tax Maps as _ District 100.0 , Section 55,. 'Block 2, Lots, 12, ' and 13 - and , 15 (15 .1 ) . County Tax Map Lot 12 con-sists of Lots 174 ,_, 173 and 172 of Peconic Bay Estates, for which current ownership as found_ in the Assessors Office is in the name of .Joseph Schoenstein (at Liber 9801 cp 510. April 8, 1985 ) , and contains an area of approximately o_ne-half .acre . County Tax Map Lots 13 and 15 (or 15 . 1 ) are shown _in the Assessors Office to be in the names of Joseph and Linda Schoenstei.n (at Li:ber 8641 cp 153, June 5 , 1979) , and contain an area of .approxi.mately �. 60 _of an acre . Combined , the parcels contain a_n area of .49,.800 sq . ft. , more or less , with a frontage along the Main Road of 798 . 59" feet, more particularly shown on__ survey mapped March 29, ,1985, by Roderick VanTuy_l , P . C . 3 . The premises in questi.on is in the "B-Light Business" Zoning District , which 'exte_nds throughout the Who block from the west side of .Pipes Neck Road (along the south side of Main Road ) to the east si.de of Kerwin. Boule_va'rd . Opposite the subject premises on the north side of the - Ma-in Road are properties also zoned "B-Light Busi.ness .. " 4 . As depicted on site plan revised April 24, 1986 prepared by Peconic Associates; Inc ., ap_pellant proposes the followi._nga (a )__ existing building of 2,286 sq . ft.._, 'set back 25 feet at_. its closest point to the front [n_o.rthe_rly] property 1_ine , of which 625 sq . ft . is for the North Fork. Welding office and 1 ,661 ± sq . ft . welding shop use ; (b) existing building of a size 15 ' by 21 '_ presently used as an antique-sales shop ,_ shown to be set back 23 feet at its closest point to the front [northerly] property line;. (c ) proposed new one-story metal building of a size 50 ' by 9U,. [4,500 .sq . ft.,], for welding _ shop use , _of which 3,000 sq ., ft.. is to be _for. storage area. 5 . By prior action taken 'by the Board of Appeals May 3 , 1 • Southold Town Board of Appeals -23 June 25 , 1986 Special Meeting (Appeal No . 3501 - NORTH FORK WELDING , decision , continued : ) circumventing a change of zone or to establish a zone district completely -at odds with the surrounding neighborhood and zoning code . 8 . With reference to the insufficient setback from wetlands , it is the position of this board that the variance be denied since : (a ) the relief requested is substantial at 65 percent of the requirements , or more ; (b) the circumstances are not unique ; (c ) the practical difficulties claimed are not suffi - cient to warrant same ; (d) the relief requested is not the minimum necessary ; (e ) there will be a substantial change in the character of the neighborhood - or detriment to adjoining properties . Accordingly , on motion by Mr .. Grigonis, seconded by Mr . Sawicki , it was RESOLVED , that the relief requested under. Appe.al . No . - 3501 in the Matter of the Ap,plication . of -NORTH - FORK WELD_INGJSCHOEN- STEIN , BE AND HEREBY IS 'DENIED 'W.I.THO.UT PREJUDICE . Vote of the Board : Ayes : Messrs .. Goehri.nger, Grigonis , Douglass and Sawicki . Th.i.s ' resol..ution was duly_ adopted . (Member Doyen was absent . ) PENDING DECISION : Appeal No . 3471 : Application of 'NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance , Article XI , Section 100-ll9. 2 (A) [1 ] for permission to construct single-family dwelling with an insufficient setback from edge of bank along th.e Long_ Island Sound . Location of Property : North Side of Sound Avenue , Greenport , NY ; Eastern Shores Subdivision Map 4586 , Lo,t 113 ; County Tax Map Parcel No . 1000-33-01 -11 . Following deliberations, the board took the following action : WHEREAS, public hearings were held on April 3 , 1986 , May 1 , 1986 , and concluded on May 22, 1986 , in the Matter of the Application of 'NICHOLAS TSIRKAS under Appeal No . 3471 ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question,_ its pres-ent zoning , and the -.surrounding areas ; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded ; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application ; and Southold Town Board of Appeals -24 June 25 , 1986 Special Meeting (Appeal No . 3471 - TSIRKAS decision , continued : ) WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a variance to the Zoning Ordinance , Article XI , Section 100-119. 2 , Subsection (A) [1 ] for permission to locate a new single-family dwelling with an insuffi - cient setback of not less than 37 feet from the top of the bluff or bank along the Long Island Sound , as shown by survey mapped March 12 , 1986 by Roderick VanTuyl , P . C . The building area is proposed with a frontyard setback at 35 feet and minimum sideyards as provided by the Bulk Schedule of the Zoning Code . 2 . The premises in question is located along the north side of Sound Drive , Greenport , and is identified as Lot No . 113 , Map of Eastern Shores No . 4586 , Section Four , and more particularly shown on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 1 , Lot 11 . 3. The subject premises is vacant and consists of a total lot area of 25 ,250 -sq . ft. , lot width of 100 feet , and total average depth of 261 ± feet . The shortest distance as scaled on the March 12 , 1986 survey appears to be 123± feet from the southerly property line along Sound Drive to the top of the bank . 4. Submitted in support of this application are : (a ) survey of existing dwellings in the immediate area along the north side of Sound Drive mapped March 12 , 1986 , showing varied setbacks from the top of bank with a zero setback (for deck construction ) , and with a 15±-foot setback varying to 60± feet ; (b) copies of title closing statement , tax bills , deed , title search report ; (c ) topographical photograph of the area ; (d) licensed real -estate broker ' s report ; (e ) individual surveys of other lots in the vicinity (along the north side of Sound Drive ) ; (f) engineer ' s building site report , etc . 5. It is noted for the record that by a prior application under Appeal No . 3386 , a variance to locate a new single-family dwelling of a size 47 ' by 67 ' , more or less , at a distance of 35 feet from the edge of the bank , was denied without prejudice for the reasons set forth therein . 6 . It is the opinion of this board that : (a ) construction should be located as far back from the bank ' s edge as possible ; ( b ) water runoff ( including lawn sprinklers , etc . ) be piped toward Southold Town Board of Appeals -25- June 25 , 1986 Special Meeting (Appeal No . 3471 - TSIRKAS decision , continued : ) the south of the bank , not to drain over the bluff areas and to reduce saturation of the face of the bluff. In considering this appeal , the board also finds and determines that by locating new construction not closer than 50 feet to the top of bank : (a ) the variance will be the minimal necessary and will not be substantial in relation to the zoning requirements ; (b ) there will be no substantial change in the character of the immediate area ; (c ) the circumstances are unique ; (d ) that the practical difficulties are sufficient to warrant the granting of a varia_nce ;_ (e ) there is no_ other method feasible for_ appe.11ant to pursue other than a variance ; (f) that in view of _the_ manner in which the difficulties arose and in considering .all the above factors, the interests of jus- tice will best be served .. Accordingly, on motion by Mr . Douglass , seconded by Mr . Goehringer, i_t was RESOLVED, that a. Variance for permi:ssi.on to, locate new single-fam.i.ly dwelling construction with an insufficient setback from th_e . top - of . bank along the Long Island Sound , BE AND 'HEREBY -'IS 'APPROVED in the Matter- : of - the Application of NICHOLAS TSIRKAS, Appeal No . 3471 , 'SUBJECT TO THE FOLLOWING CONDITION :. That no construction be located :closer than 50 '.feet at nearest point from the top of the bank . Vote of .the Board: Ayes : Messrs . Goehri'nger, Gri.gonis, Douglass and Sawicki . (Member Doyen,. Fishers I.sland,_ was -absent . ) This resolution was duly - adopted . Southold Town Board of Appeals -26- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3509 : Application of HOWARD AND JANET MALONE for Variances to the Zoning Ordinance , Article : (a III , Section 100-31 , Bulk Schedule , for permis- sion to construct addition with an insufficient sideyard setback , and (b) XI , Section 100-.119. 2 ( B) for permission to locate addition within 75 ' of ordinary highwater mark and bulkhead at 250 Blue Marlin Drive , Greenport , NY ; Southold Shores Map No . 3853, Lot No . 3 ; County Tax Map Parcel No . 1000-56-07-21 . Following deliberations, 'the board took the following action : WHEREAS, a public hearing was held - and concluded . on . May 22 , 1986 in the Matter of the Application of "HOW.ARD 'AND JANET MAL'ONE ' under Appeal No . 3471 ; and WHEREAS, the board members have personally viewe.d and are familiar with the premises in question , 'its present zoni.'ng , and the surrounding areas ; and WHEREAS, at said hearing a.11 those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS, the board has carefully considered all testimony and documentation submitted concer_ning__ this application ; and WHEREAS, the board made the following findings of fact : 1 . By this application, appellant requests variances to the Zoning Ordinance for approval of the construction of an addi - tion along the east side of the existing dwelling, having an insufficient sideyard . setback at not. less than 82 feet at its closest point , and having an insufficient setback from ordinary highwater mark at approximately Q5_ fe.et , as shown -by survey revised May 12 , '1986 , prepared_ by Roderick Va.nT'uyl ,._. P . C . The total sideyards are not less than 272 feet . 2 . The premises in question is located along the south side of ._Blue Marlin Drive , 'Arshamomaque.,, Greenport, and is identified as Lot No . 3 on "Map of Southold Shores, " and more particularly shown on the Suffolk_ County. .Tax Maps as District 1000 , Section 56 , Block 7 , Lod 21 . 3. The subject premises is improved with a single-family , Southold Town Board of Appeals -27- June 25 , 1986 Special Meeting (Appeal No . 3509 - MALONE decision , continued : ) one-story frame house having a setback from Blue Marlin Drive (along the front property line ) at 95 feet and 61 feet from its closest point from the existing bulkhead (at the southwest corner . The property has a frontage ( lot width ) of 100 feet , an average lot depth of 202 . 50 feet , and lot area of 20 ,453± square feet . 4 . For the record it is noted that by prior application under Appeal No . 2304 , a variance was condi.ti.on.ally approved for the, construction of a patio existing (with 2 '- high wall ) with an insufficient sideyard setback at four feet . ._ 5 . It is also noted for the record that a building permit , under No . 14449Z, issued December 5 , 1985 for the- construction of additions with sideyards at 1.0 ' and 15 ' is pending . Records show that the first and second foundation inspections were approved , subject to receiving an updated survey . A Notice of Di.sapprov_al was issued on. April 21 , 1986 .. In considering this appeal , 'the board finds and deter- mines : (a ) that the rel i.ef_.requ_ested is the mi:n%mal * necess_ary and is not substantial in relation to ' the zoning requirements ; (b ) there will be no substantial change in the character of the immediate are_a_; (c ) the circumstances are unique ; (d ) that the practical difficulties are sufficient-to warrant the granting of a variance ; .(e ) there is--, no other method feasible for appellant to pursue other than a variance ; (f) that in view of the manner in which the difficulties arose and in considering all the above factors ,_ the interests of justice will best be served by allowing the variance , as noted below. Accordingly , on motion by Mr . Grigonis, seconded by Mr. SAwicki , it was RESOLVED , that the relief requested - under . Appeal . No . 3509 in the Matter of the Application of HOWARD 'AND JANET MALONE for approval of the construction of an _addition with an�insuffi - cient setback from the easterly property line at not closer than the requested 8' 8" and not closer than the requested 65 ' from the ordinary highwater mark . Vote of .the Board : Ayes :_ Messrs . Goehringer, Grigonis , Douglass and _Sawicki . (Member Doyen of. Fishers Island_. was absent . ) This resolution was du'ly - adopteds__ _ Southold Town Board of Appeals -28- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3483 : Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue , Southold , NY ; County Tax Map District 1000 , Section 59 , Block 6 , Lot 8 . Following deliberations , the board took the following action : WHEREAS, a public hearing was . held . and . concluded on May 22 , 1986 in the Matter of the Application of "PHILIP AND ELLEN 'BELLOMO under Appeal No . 3483 ; and WHEREAS, the board members have person.a.11y viewed and are familiar with the premises in question,_ *its pre_s_ent zoning , and the surrounding areas ;_ and WHEREAS, at said hearing all those who desired to be heard were heard , and their testimony was recorded ;. and WHEREAS, the board has carefully considered all testimony and documentation submitted concernin_g_ this application ; and WHEREAS, the board made the following findings of fact : 1 . By thi.s application,, appellants request permission to locate a 16 by 16 '. accessory storage_ bui 1 di.n__g in the frontyard area_ , requiring _a variance from Article III, Section 100-32 . The proposed accessory wi.,ll.. be for storage. i.ncidental to the resident.al use of the premises and not operated for __gain and is proposed to be set _back three feet at its closest point to the northeasterly side property line and five feet at its closest point to the southerly (front ) property. line along the private road . 2 . The premises in question is located along the north side of a private road which extends from the north side of Sound ,View_.Avenue, Southold . The subject premises is improved with a single-family one-story - frame _dwe11_i.ng set back. 57± feet from the front prop erty _1i.ne _an_d consist s_ of_ one-quarter __ ( . 24 ) of an acre , more or less . The. lot width of this parcel varies _from 60± feet along_ the front property lot to 90_} fee_t_ along Great Pond . 3 . The dwelling as exists has a setback from the tie ` Southold Town Board of Appeals -29- June 25 , 1986 Special Meeting (Appeal No . 3483 - BELLOMO decision , continued : ) line along the shoreline of Great Pond of 47± feet . Locating this accessory building in the rearyard will require a variance under the provisions of Article XI , Section 100-119 . 2 . In considering this appeal , the board finds and determines : (a ) that the relief requested is not unreasonable and is not substantial in relation to the zoning requirements ; (b) there will be no substantial change in the character of the area ; (c ) the circumstances of this parcel are unique__; (d ) the practical difficulties are sufficien-t to warrant the granting of a variance-; (e ) there is _no other method feasible for appellants to pursue other than a variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the_. interests of .justice w,i,ll best be served by allowing the variance, as noted.- below. Accordingly, on motion by Mr. Sawi.cki. , seconded by Mr . Douglass , it-- ,.was RESOLVED, that the reli.ef .requested for permission to locate a 16 - by - 16 '. . accessory storage buj1ding _in the frontyard area 'BE •AND 'HE-REBY - IS . APPROVED; 'i n _the Matter of the - Application of PHILIP 'AND -'ELLEN -'B.ELLOMO, Appeal No . 3483 , 'SUBJECT •TO 'THE FOLLOWING 'CONDITIONS : 1 . The accessory bu,i.ldi'ng be• located a minimum of five feet from the easterly __( side_) property, line ; 2 . The accessory building be, located a minimum of 20 . feet from the southerly (front) _property, line ;. 3. No .sleepi:ng or habitable quarters be permitted ;. 4: The accessory building not be operated for gain (such as rental for busi:ness _ sto_rage, etc . ) and sh_all .be only for storage accessory to the residence ; 5 . VeH.cle doors to face to the west or north ; 6 ._ Accessory bui ldi:ng be, 1 i.mi.ted to one-story hei ght ; 7 . There be no si:deyard reductions on principal dwelling structure to allow for suffi.ci.ent access in the event of a fire emergency; - 8e Proper screening along road side of building with a minimum height of three feet _(with hedges or _evergreen_-type screening ) .__ Vote of .the Board . Ayes :, Messrs . Goehri.nger, Grigonis , Douglass and _Sawicki- (Member Doyen of. Fishers I__sl and_ was absent. ) This resolution was duly • adopted . Southold Town. Board of Appeals -30- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3497 : Application of MARJORIE D . PETRAS for a Variance to the Zoning Ordinance , Article III ; Section 100-3 for permission to construct addition in excess of maximum-permitted 20 percent lot coverage requirement at 700 Koke Drive , Southold , NY ; County Tax Map Parcel No . 1000-87-5-006 . Following deliberations , the board took the following action : WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of MARJORIE D . PETRAS under -Appeal . No . 3497 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1i.::.. By.. this application , appellant requests permission to construct addition to an existing dwelling which-:will exceed the maximum lot coverage as provided by Articld III , Section 100-31 , Bulk and Parking Schedule of the Zoning Ordinance , from 20% to 26 . 7% as shown on survey prepared by Howard W. Young revised May 1 , 1986 . 2 . The addition proposed , without the proposed deck area , has an area of 882 sq . ft . The proposed deck would have an area of 141 sq . tt . The total percentage of lot coverage as exists is 17% , or 1469 sq . ft . The percentage of relief requested over the maximum 20% , or 1728 . 2 feet , is approximately 30% of a variance from the requirements , or 578 . 95 feet (over ) . 3. The premises in question is located along the southerly side of a private right-of-way referred to as " Koke Drive " containing an area of 8 ,641 sq . ft . [exclusive of-- the " Koke Drive" right-of-way] and frontage (lot width ) of 100 feet as depicted on the May 1 , 1986 survey of Howard Young and deed at Liber 6605 cp 104 dated August 8 , 1969 . The Southold Town Board of Appeals -31 - June 25 , 1986 Special Meeting (Appeal No . 3497 - MARJORIE D . PETRAS , decision , continued : ) subject premises is improved with a single-family one-story frame house set back 28 . 6 feet from the front property line (along the south side of the right-of-way) , set back 27 . 6 feet from the bulkhead along Corey Creek , and having sideyards of 8 . 4 feet on the west side and 19 . 8 feet on the east side . Also existing is an 8. 2 ' by 10 . 2 ' framed accessory shed , which applicant has not included as part of the relief re- quested since the shed will be permanently removed . 4. Submitted in support of the application additionally is a revised survey of May 19 , 1986 by Howard W. Young which includes one-half of the 30 ' right-of-way . Appellants claim that an additional 1 ,050 sq . ft. , (10 ' by 105 ' ) should be included in the total lot area for a total of 11 ,231 sq . ft . , based on the subdivision map of the " Koke Estate " prepared by Otto VanTuyl , L .S . which shows a 50-foot wide right-of-way . However , in further reviewing these documents , it appears the parcel in question as shown on the " Koke Estate" subdivision map is of a size 100 ' by 100 ' (exclusive of a 50 ' right-of-way) . This would give a total depth of 125 feet , rather than a total depth of 152 feet (127 + 15 + 10 ) claimed by applicant . Although the ownership of this right-of-way appears undisputed , this board must view the total lot area as that described in the applicant ' s deed and title documents , exclusive of the area within the 50 ' right-oT-way , which is unbuiidable . 5 . For the record it is noted there is a conditional variance rendered under Appeal No , 2090 November 6 , 1975 , concerning the location of an accessory building in the front- yard area 25 feet from the front property line , which applicant has agreed to void and which structure has been eliminated from the relief requested by this application . In considering this appeal , the board also ,finds and determines : (a ) that the relief requested is not unreason- able and is not substantial in relation to the zoning require- ments ; (b) there will be no substantial change in the character of the area ; (c ) the circumstances of this parcel are unique ; (d ) the practical difficulties are sufficient to warrant the granting of the relief requested ; (e ) there is no other method feasible for appellant to pursue other than a variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , Southold Town Board of Appeals -32- June 25 , 1986 Special Meeting (Appeal No . 3497 - PETRAS , decision , continued : ) the interests of justice will best be served by allowing the variance , as noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that a variance for permission to construct addition for a maximum of 26 . 7% lot coverage , or 2307 square feet , in the Matter of the Application of MARJORIE D . PETRAS under Appeal No . 3497 , BE AND HEREBY 'IS 'APPROVED 'SUBJECT 'TO THE FOLLOWING 'CONDITIONS : 1 . Permanent removal of the existing accessory shed in the frontyard area and automatic termination of the variance rendered November 6 , 1975 under Appeal No . 2090 ; 2 . Total lot coverage , including all structures , shall not exceed 26 . 7% , or 2307. square feet . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . This resolution was duly adopted . PENDING DECISION : Appeal No . 3518 : Application of MARJORIE D . PETRAS for a Variance to the Zoning Ordinance , Article XI , Section 100-119. z for insufficient setback of proposed additions from bulkhead along Corey Creek , at 700 Koke Drive , Southold , NY ; County Tax Map Parcel No . 1000-87-5-006 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on June 19 , 1986 in the Matter of the Application of MARJORIE D . PETRAS under Appeal No . 3518 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony Southold Town Board of Appeals -33- June 25 , 1986 Special Meeting (Appeal No . 3518 PETRAS , decision , continued) : and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests permission to construct two additions to an existing dwelling which are proposed to be located within 75 feet of the bulkhead along Corey Creek as restricted by Article XI , Section 100-119. 2 . 2 . The additions proposed are : (a ) to - be attached along the (south),-,-easterly section of the existing dwelling with a setback from the bulkhead along Corey Creek at i_ts closest point of 37 . 7 feet .(27 . 6 ' . from _ th_e proposed deck ) , and (b) to be attached at the northwesterly corner of the existing dwelling with a setback from the bulkhead s.along Corey Creek at itclos- est point of 67± feet , all as shown on survey amended May 19 , 1986 prepared by Howard W. Young , L . S . 3. The premises in question is located along the southerly side of a private right-of-way referred to as " Koke Drive " containing an area of 8 ,641 sq . ft . [exclusive of the " Koke Drive" right-of-way] and frontage (lot width ) of 100 feet as depicted on the May 1 , 1986 survey of Howard Young and deed at Liber 6605 cp 104 dated August 8 , 1969. The subject premises is improved with a single-family one-story frame house set back 28 . 6 feet from the front property line (along the south side of the right-of-way ) , set back 27 . 6 feet from the bulkhead along Corey Creek , and having sideyards of 8 . 4 feet on the west side and 19 . 8 feet on the east side . Also existing is an 8. 2 ' by 10 . 2 ' framed accessory shed , which applicant has not included as part of the relief re- quested since the shed will be permanently removed . 4 . Submitted for the record is a copy of Permit No . 752 from the Southold Town Trustees which permitted the construction of a " . . . bulkhead 65 feet across applicant ' s property . . . . " 5 . Tt is also noted for the record that a conditional variance was granted by this board same date hereof under Appeal No . 3497 with conditions concerning limitations on lot coverage for all structures . In considering this appeal , the board finds and deter- mines that by permitting new construction as noted below : (a ) the variance will be minimal and not substantial in rela- tion to the zoning requirement ; (b) there will be no substantial change in' the character of the district ; (c ) the circumstances are unique ; (d ) that the practical difficulties under these circumstances are sufficient to warrant the granting of a variance ; Southold Town Board of Appeals -34- June 25 , 1986 Special Meeting (Appeal No . 3518 - PETRAS , decision , continued : ) (e ) there is no other method feasible for appellant to pursue other than a variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will best be served by,-'allowing a variance , as noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED, that a variance for permission to constuct . two additions within 75 feet of the existing bulkhead along Corey Creek , BE AND HEREBY IS APPROVED under Appeal No . 3518 i.n the Matter of the Application of MARJORIE D . PETRAS , SUBJECT TO THE FOLLOWING 'CONDITION : There be a setback from the existing bulkhead along Corey Creek of. the proposed new construction not closer than 37 . 6 feet (delete -the of deck ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -35- June 25 , 1986 Special Meeting PEND.I.NG DECISION :. Appeal No . 3491 : Ap,pli.cation of DONALD 'J . 'GRIM for a Special Exception to the Zoning Ordi.nanc_e, Article IX, Section 100-90 for permission to construct storage building and est_a.bli.sh outside stockpiling of material uses in this "C- l " Heavy Industrial Zoning District. Location of Property : Lot No . 2 , (Pending ) Minor_ Subdivision No . 450 of L . B . Glover , south side of Oregon Road , Cutchogue ; County Tax Map District 1000 , Section 83 , Block 3 , Part of Lot 4. 4, containing 4 : 5.9 acres . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of 'DONALD J . GRIM under Application No . 3491 ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pre.sent zoning , and _the surrounding areas ; and WHEREAS, at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a Special Excep- tion to the Zoning Ordinance , ' Articl_e IX , Section 100-90 for permission to construct 40 ' by 60 ' garage/•storage _building and establish outside stockpiling of materials as shown on site plan dated March 10 , 1986 prepared by Sealand Surveying . 2 . The premises in question is located in the "C- l " Heavy Industrial Zoning District, contains an area of 4. 5913- acres (or 199 , 997 sq . ft. ) with frontage along the south side of Oregon Road of 362 . 05 feet and is identified on the Suffolk County Tax Maps as District 1000 , Section 08.3 , Block 03 , part of 4. 4. The subject parcel is referred to as Lot #4 of Pending Minor Subdivi - sion No . 450 .of L . B ., Glover before the Southold Town Planning Board . 3. The proposed garage and storage building is shown on the March 10 , 1986 .site plan to be set back 150 feet at its closest corner from the front property line and set back 50 feet from the Southold Town Board of .Appeals -36- June 25 , 1986 Special Meeting (Appeal No . 3491 - GRIM, decision , continued : ) westerly (side ) property line . The area for stockpiling of materials (such as gravel , sand , etc . ) is to be located 100 feet from the rear property line , and 50 .feet from both side property lines . In considering this application , the board finds and determines that : (a ) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (b) the use will not adversely affect the safety , welfare , comfort , convenience or order of the town ; (c ) the use is in harmony with and will promote the general purposes and intent of zoning . The board has also considered subsections [a] through Ll ] of Article XII , Section 100-121 (C ) L2] of the Zoning Code . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it was RESOLVED , that a Special Exception for permission to construct 40 ' by 60 ' garage/storage building and establish stockpiling of materials , all as shown by Site Plan prepared by Sealand Surveying dated March 10 , 1986 , in the Matter of the Application of DONALD J . GRIM , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION : That the area to be used for stockpiling be screened with stockade fencing of between 4 and 6 feet in height , or evergreens having a minimum height of four feet , along the road (north) and westerly sides . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent. ) This resolu- tion was duly adopted . Southold Town Board of Appeals -37- June 25 , 1986 Special Meeting PENDING DECISION : Application No . 3498 : Application of GREENPORT N . Y . CONGREGATION OF JEHOVAH WITNESSES for a Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B ) [2] for permission to construct addition and establish same for religious , library use , at 1345 Indian Neck Lane ( a/k/a 50 Spring Lane ) , Peconic , NY ; County Tax Map District 1000', Section 86 , Block 5 , Lot 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of GREENPORT N . Y . CONGREGATION OF JEHOVAH WITNESSES under Application No . 3498 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all . those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a Special Excep- tion to the Zoning Ordinance , ' Article. III , Section 100-30 (B ) [2] for permission to construct a 27 ' by 30 ' - addition along the easterly side of the existing building for use as a library in conjunction with the Greenport New York Concgregation of Jehovah ' s Witnesses use as a religious establishment . The addition will be set back not closer than 24 feet from the southerly property line and 70 feet from the easterly property line , all as shown on survey amended March 7 , 1986 , prepared by Roderick VanTuyl & Son . 2 . The premises in question is located in the "A" Resi - dential and Agricultural Zoning District , containing a lot area of 20 ,625± sq . ft . with 165 ' frontage along the south side of Spring Lane and 125 ' frontage along the east side of Indian Neck Lane . The surrounding properties are also located in the "A" Zoning District . 3 . The subject premises is presently improved with an Southold Town Board of Appeals -38- June 25 , 1986 Special Meeting (Appeal No . 3498 - JEHOVAH WITNESSES , decision , continued : ) one-story frame building of approximately 1 ,680 sq . ft . which is set back 40 feet from its front property line along Spring Lane and 38 feet from its front property line along Indian Neck Lane , and 24 feet from the southerly property line . 4 . It is noted that this project will require site-plan and parking approval from the Southold Town Planning Board , which is pending this board ' s determination at this time . In considering this application , the board finds and determines that : (a ) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (b ) the use will not adversely affect the safety , welfare , comfort , convenience or order of the town ; (c ) the use is in harmony with and will promote the general purposes and intent of zoning . The board has also considered subsections [a] through [1 ] of Article XII , Section 100-121 (C) L2] of the Zoning Code . Accordingly , on motion by Mr . Goehringer , seconded by Mr. . Douglass , it was RESOLVED , that a Special Exception for permission to construct an addition of a maximum size 27 ' by 30 ' as shown on survey amended March 7 , 1986 , prepared by. Roderick VanTuyl , P . C . for religious/library use , as applied under Application No . 3498 in the Matter of GREENPORT NEW YORK CONGREGATION OF JEHOVAH WITNESSES , BE AND HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING CONDITION : That parking for this use should be kept on the premises (on-site ) at all times . Vote .of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolu- tion was duly adopted . Southold Town. Board of Appeals -39- June 25 , 1986 Special Meeting PENDING DECISION : Appeal' No . 3506 : Application of ARMANDO J . CAPPA/PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 (B ) for permission to locate attached deck and seafood holding tanks within 75 ' of high water and bulkhead , at 62140 Main Road , Southold , NY ; County Tax Map Parcel No,. 1000-56-6-2 ; Lewis Homes Co . , Inc . , Filed Map #535 , Lots 1 -9 inclusive . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of ARMANDO J . CAPPA/PORT OF EGYPT ENTERPRISES ; and WHEREAS ; the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings 0-f fact : 1 . The premises in question is located in the "C-Light" Industrial Zoning .District along the south side of the Main Road (State Road 25 ) , in the Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 6 , Lots 4 , 6 (presently owned by Port of, Egypt Enterprises ) . 2 . The subject premises consists of a total area of 10 . 5± acres (including land under water ) with 600± feet frontage [lot width] . Premises adjoining this property on the westerly side is presently owned by C & L Realty, Inc . which was, not made a part hereof . Existing are numerous buildings , all as shown on site plan mapped April 19 , 1985 , amended May 29 , 1985 , prepared by Roderick VanTuyl , P . C . (see other pending applications of Port of Egypt under Appeals No . 3524 and 3525 , and 3494 and 3495 ) . 3. By this application , appellant requests permission to construct an "H"-shaped open deck area and two 4 ' by 6 ' seafood Southold Town Board of Appeals -40- June 25 , 1986 Special Meeting (Appeal No . 3506 - CAPPA , decision , continued : ) holding tanks at the southerly area of the existing restaurant building and extending to the inner edge of the existing bulk- head , all as shown by plan prepared by Briarcliff Landscape dated April 28 , 1986 . The widths of the deck areas are eight feet with two lengths of 68 feet and the other /9 feet . The center deck is pro.posed of a size 10 ' by 14 ' . 4 . Article XI , Section 100- 119 . 2 (B ) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island .Sound to be set back —not less than seventy-five ( /5 ) feet_ from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75 ) feet from .the landward edge of the tidal wetland , whichever is greater . b . It is the opinion of the board members that for the best protection of the public (customers , employees , etc . ) , it would be best if the eight-foot by 68-foot deck section along the bulkhead be eliminated , allowing for a minimal setback of eight feet . In considering this appeal , the board finds and determines that by locating the proposed deck and seafood storage tanks at a minimal distance of eight feet from the inner edge of the existing bulkhead : (a ) the variance will be the minimum necessary ; (b ) the circumstances are unique_; (c ) the practical difficulties are sufficient to warrant a granting of this variance ; , (d ) there will be no substantial change in the character of the district ; (e ) the relief as granted is not substantial ; (f) the circumstances are not shared by . other properties generally existing in the neighborhood ; (g ) that in view of the manner in which the difficulty arose and in consideration of all the above factors , the interests of justice will best be served by allowing the variance , as condi - tionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that a Variance for permission to construct open deck area (not to exceed 8 ' by 79 ' and lu ' by 14 ' ) and two 4 ' by 6 ' seafood-storage tanks , within 75 feet of the Southold Town Board of Appeals -41 - June 25 , 1986 Special Meeting (Appeal No . 3506 - CAPPA, decision ,. continued : ) existing bulkhead and highwater mark , BE AND HEREBY IS APPROVED in the Matter of the Application of ARMANDO J . CAPPA, Appeal No . 3506 , SUBJECT TU THE FOLLOWING CONDITIONS : 1 . That the eight-foot by 68-foot (6 ' by 68 ' ) open deck section be deleted , limiting this variance to permit the 8 ' by 79 ' and 10 ' by 14 ' sections ; 2 . That the proposed deck area and seafo.od-storage tanks not be located any further than 22 feet from the south (rear) of the exi.sti.ng restaurant bu.i. ldi.ng .. Vote of the. Board .- Ayes - Messrs . Goehringer , Grigonis , Douglass and _Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . PENDING DECISION : Appeal No . 3479 : Application of JOHN P . SGOUROS for a Variance to the Zoning Ordinance , Article III , Section 00-31 , Bulk Schedule , for approval of two parcels known as Subdivision Lots #22 and #23 , "Stars Manor" Subdivision Map No . 3864 , approved by the Planning Board 9-19- 1963 ; having insufficient area, width and depth , locate_d along the West Side of Stars Road , East Marion, NY ; _County T-ax Map_ Parcels No . 1000-22-2-20 and 21 . Following deliberations , the board took the following action : WHEREAS , public hearings were held on May 1 , 1986 and May 22 , 1986,1in the Matter of the Application of JOHN P . SGOUROS under Appeal No . 3479 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard w.ere heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and 'documentation submitted concerning_ this application ; and WHEREAS, the board made the following findings of fact : Southold Town Board of Appeals -42- June 25 , 1986 Special Meeting (Appeal No . 3479 - SGOUROS decision , continued : ) ,- 1 . The premises in question is located in the "A" Resi - dential and Agricultural Zoning District along the west side of Stars Road , in the Hamlet of East Marion , more particularly known and identified as Subdivision Lots 22 and 23 on the "Map of Stars Manor , " approved by the Southold Town Planning Board September 19 , 1963 , and as County Tax Map Parcels No . 1000 , Section 22 , Block 2 , Lots 20 and 21 . 2 . The subject premises as a whole consists of a total area of one acre with 208± feet along Stars Road and is prese.ntly unimproved . 3 . By this application , appellant requests approval of the reseparation of Subdivision Lots .#22 and #23 as existed prior to 1971 . The lots are shown on map prepared by Roderick VanTuyl , P . C . , dated February 27 , 1986 , as follows : (a) Lot #2 , or Subdivision Lot #22 , of an area of 21 ,938 sq . ft . , front- age along Stars Road of 140± feet , and lot depth of 120 feet ; (b ) Lot #1 , or Subdivision Lot #23 of an area of 20 , 210 sq . ft. , frontage of 168 . 42 feet , and lot depth of 120 feet . 4 . Submitted for the record by applicant are : (a ) copies of two separate tax bills for the two. parcels ; (b ) copies of two deeds , at Liber 9722 cp 531 and at Liber 9722 cp 533 , dated December 26 , 1984 , showing conveyances from Pantelis Sgouros to John Panos Sgouros . 5 . It is also noted that by letter dated May 13 , 1986 , an opinion was received from the Town Attorney indicating that although Planning Board approval was given in 1963 , the lots , do not meet the requirements of. Article III ,Section 10U-31 (A) since each lot was not " held in single and separate ownership prior to November , 1971 , and thereafter . . . , " and are therefore governed by Column 40 (A) of the Bulk and Parking Schedule , requiring this variance . 6 . The character of the lots along the west and east sides of Stars Road is lots of a similar size to that proposed by this request . In considering this appeal , the board also finds and determines : (a ) that sufficient. practical difficulties have Southold Town Board of Appeals -43- June 25 , 1986 Special Meeting (Appeal No . 3479 - SGOUROS decision , continued : ) been shown to warrant the granting of this variance ; (b) the circumstances are unique and not shared by all other properties in the neighborhood ; (c ) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties ; (d ) th.e relief requested is not substantial ; (e ) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance ; (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety , health , welfare , comfort, convenience and order of the. town,. _(_g ) that in vi.ew of the manner in which the difficulty arose and in con- sideration of all the above factors , the interests of justice will best be served by allowing the variance , as conditionally noted below . Accordingly, on motion by. Mr . Grigonis , seconded by Mr . Douglass , i_t__. was RESOLVED , that the relief requested under Appeal No . 3479 in the Matter of the Application of JOHN P . SGOUROS for approval of Subdivision Lots_ .#22 and #2.3 having insuffi - cient area ,__ width and depth ,.. as shown on the Stars Manor Subdivision Map approved by the Planning Board September 19 , 1963 , .and by ' survey mapped. by Ro.derick Vanluyl , P . C . February 27 , 1986 , BE AND HEREBY IS APPROVED AS APPLIED . Vote of the Board : . Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was a_bsent . ) This resolu- tion_ was duly adopted . Southold Town Board of Appeals -44- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3065 : Application of JOHN M. KERBS for a Variance to the Zoning Ordinance , Article III , Section 100-3 , Bulk Schedule , for approval of insufficient area of three parcels in this proposed four- lot minor subdivision located along the south side of Middle Road (C . R . 48 ) , Southold , NY ; County Tax Map District 1000 , Section 55 , Block3 , Lot 3 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of. the Application of JOHN M . KERBS under Appeal No . 3065 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question ,--- its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the south side of Middle Road , or County Route 48 , in the Hamlet of Southold , having a total acreage of 6 . 8.04 with frontage of b91 . 88 feet and lot depth at the westerly end of 289 . 30 teet and at the easterly end of 715 . 52 feet . The subject premises is identified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 3 , Lots 3 and 4. 1 (4 and 2 ) . The subJect premises was conveyed by two deeds at Liber 3441 pp . 33 and 36 , November 22 , 19b2 , to Mr . and Mrs . John M. Kerbs . 2 . By this application , as amended by letter dated April 15 , 1986 , and submission of survey maps amended April 24 , 1986 , prepared by Roderick VanTuyl , N . C . , applicant requests approval of insuffi - cient lot area of not less than : (a ) 70 ,000 s.q.. ft .. for proposed Lot #1 , exclusive of 25 ' right-of-way running along the westerly side line ; (b) 62 ,000 sq . ft . for proposed Lot #2 , which is presently improved with a single-family_ dwelling and accessory garage/storage building located in the rear yard ; (c ) 63 ,000 . Southold Town Board of Appeals -45 June 2b , 1986 Special Meeting (Appeal No . 3065 - KERBS , decision , continued : ) sq . ft . for proposed Lot #3 . Proposed Lot #4 does not require an area variance since it contains an area exceeding 80 ,000 sq . ft . in area and is intended for single-family purposes . 3 . The board is in agreement with the applicant as to the unusual shape , which lends to the adjustment of varied lot area as proposed . In considering this appeal , the board also finds and determines : (a ) that sufficient practical difficulties have been shown to warrant the granting of this variance ; (b) the circumstances are unique and not shared by all other properties in the neighborhood ; (c ) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties ; (d ) the relief requested is not substantial ; (e ) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance ; (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety , health , weflare , comfort , convenience and order of the town ; (g ) that in view of the manner in which the difficulty arose and in con- sideration of all the above factors., the interests of justice will best be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that the relief requested under Appeal No . 3U65 in the Matter of the Application of JOHN M . KERBS for approval of three parcels as shown on survey mapped April 24 , 1986 , for insufficient lot area of not less than : (a ) Lot #1 of 70 ,000 sq . ft. ; (b ) Lot #2 of 62 ,000 sq . ft . , (c ) Lot #3 of 63 ,000 sq . ft . , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Lot #1 must be serviced by public water (as provided along C . R . 48 ) ; 2 . No further lot area reductions of Lots #1 , #2 , or �- #3 to less than that requested herein . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolu- tion was duly adopted . Southold Town Board of Appeals -46- June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3492 : Application of JOYCE TESE for a Variance to the Zoning Ordinance , Article III , Section 100-32C for permission to locate accessory three- car garage in the frontyard area , at 800 Jackson Street , New Suffolk , NY ; County Tax Map District 1000 , Section 117 , Block 10 , Lot 5 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of JOYCE TESE under Appeal No . 3492 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question ,. its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this applicati.on ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the south side of Jackson Street , in the Hamlet of New Suffolk , with a total a_cr_eage of 2 . 25 acres and road frontage of. 127 feet , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 117 , Block 10 , Lot _5. . 2 . The subject premises is located in the "A-80" Residential and Agricultural Zoning District and is presently improved with a single-family , _22-story frame house-and-garage structure , set back approximately 390± feet from the front property line , 37± feet from the line delineated "top of bluff" as shown on survey prepared March 25 , 1986 by Peconic Surveyor & Engineers , P . C . , and minimum sideyards of 64 feet . Also existing is an accessory gazebo structure shown on the subject survey to be in the rearyard area a distance of 18 . 8 ' from the westerly side property line . 3. By this application , appellant requests permission to locate' -.. a 24 ' by 40 ' three-car garage accessory to the residential u.se of the. premises for storage purposes and having setbacks from Southold Town Board of Appeals -47- June 25 , 1986 Special Meeting (Appeal No . 3492 - TESE , decision , continued : ) the front property line at not closer than 61 feet and not closer than five feet to the westerly side property line . 4 . It is the opinion of the board that there is no other alternative available for applicant to pursue other than a variance , and the board agrees with the reasoning of the appli - cant , as noted below . In considering this appeal , the board also finds and determines : (a ) that suffi.cient practical difficulties have been shown ; (b) that the_ circumstances of the premises are unique ; (c ) there will be no substantial change in the character of the: neighborhood or .detriment to adjoining properties ; (d) that the relief requested is not substantial ; (e ) . the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance since the re.aryard_ "bu.ildi_ng envelope" is within 75 ' of a tidal water body ; (f) that the variance will not in turn cause a _substantial effect of increased population density or be adverse to ,, the safety , health , welfare , comfort , convenience and order of the town; (g ) that in view of the manner in which the diffi.culty_ arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr: Douglass , seconded by Mr . Goehringer , it was RESOLVED , that permission to locate a 24 '. by 40 '. accessory three-car garage in the frontyard area applied under Appeal No . 3492 . in . the Matter of the Application of 'JOYCE TESE , BE AND HEREBY IS APPROVED 'SUBJECT TO THE 'FOLLOWING CONDITIONS : 1 . That this accessory structure be located no closer than 10 feet from the westerly side property line and no closer than 70 feet from the front _property line ; _ 2 . That this accessory structure be used only for storage and - garage purposes incidental to the principal use of the premises , and not to be operated for gain , rental , sleeping or living quarters . 3 . All water on the property shall be retained on site , and if necessary , storm drains or drywell_s shall be installed on the south and west sides of this ..building . Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and _Sawicki . (Member Doyen was absent . ) This resolu- tion was duly ad.opted . Southold Town Board of Appeals -48 June 25 , 1986 Special Meeting PENDING DECISION : Appeal No . 3493 : Application of WELLS 'PONTIAC-CADILLAC for Variances to the Zoning Ordinance , Article. VI ._, a Section 100-6O (C ) [2] (a) for permission to erect ground sign exceeding maximum 6 ' 6" height requirement , and exceeding height requirement of 15 ' 6" from ground to upper edge of sign , and (b_.) Section 100-6O (C) [2] (b) [4] for permission to place wall sign with. projectionof more than one foot , at 42155 Main Road (a/k/a 20 Peconic Lane ) ,._ Peconic , NY ; County Tax Map District 1000 , Section 75 , Block _1 , Lot 14. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of WELLS PONTIAC-CADILLAC under Appeal No . 3493 ; and WHEREAS , the board members have personally viewed and are familiar with the premises -in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is a corner lot fronting along the east side of Peconic Lane and the north side of the Main Road ( a/k/a State Route 25 ) , i_n the Hamlet of Peconic , and contains a total lot area of 2 . 9± acres . The_. subject parcel is located in the _"B_-l " General Business Zoning District . 2 . By this application , appellant requests the following : (a ) to replace an e_xi_sting. ground sign with a : si.ze ' of a.. size' , 8 ' 84" by 8 " 84" , _which exceeds the maximum height requirement of 6 ' 6" on the face , and at a height of 28 feet from top to grade , which exceeds the maximum height at _the upper _edge of sign permitted of 15 ' 6" above the round ;g Cb ) to erect a_ wall ..-sign sig _ of ..a size 4 ' 9" by, 4..' 9/.16" which would project more than one foot from the wall -. 3 . For the record , it is noted that a "parts and service " wall Southold Town Board of Appeals -49- June 25 , 1986 Special Meeting (Appeal No . 3493 - WELLS PONTIAC-CADILLAC , continued : ) sign of a size approximately 5 ' by 3 ' was approved under Appeal No . 2709 on August 14 , 1980 . Also noted are the following actions : (a ) special exception to erect second ground sign under Appeal No . 2075 on September 25 , 1975 ; (b ) permissi.on to relocate existing wall sign located at the northeast corner under Appeal No . 1.312 on January_, 8 , 1970 ; (c ) permission to erect a wall sign to replace present sign (84" by 96" ) under Appeal No . 795 on September 16 , 1965 ; (d) permission to erect ground sign exceeding maximum height requirements at the northeast corner of Main Road and Peconic Lane .under Appeal No . 976 on October 6 , 1966 . 4. It is the opinion of this board that the existing .signs are sufficient for the purposes of advertising on-premises business uses-., and that the variances requested are not .the minimum necessary since they are newly proposed or replacement signs which can easily conform with _the zoning requirements . It. is therefore the opinion of this board that the practical difficulties under the circumstances are self-imposed and are not sufficient to warrant the relief as requested . Although there appears to be other signs similarly existing within the township , this board does not feel it has authority to grant variances to the subject premises without sufficient practical difficulties . In considering this appeal , the board also finds and determines : . (a ) the circumstances have been ..imposed . by the company and are not unique ; (b) the practical difficulties .claimed are not sufficient to warrant a granting of the variances re.queste,d ; (c ) there would be a change which may set a precedent for the township ; (d) the relief requested is substan.ti.al in relation to the zoning requirements ; (e ) that there is- another method feasible for appellant to pursue other than a variance ; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factors_, the _interests of justice will best be served . 'by denying the variances , as applied . Accordingly , on motion by Messrs . Goehringer and . Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the relief under Appeal No . . 3493 in the - Matter . of WELLS 'PONTIAC=CADI'LLAC 'BE 'AND H.E•REBY 'IS DENIED ' W.IT.HOUT PREJUDICE . - Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Dou,gl ass and -Sawicki . (Member Doyen was absent. ) This resol u- tion-_was duly adopted . 4 Southold Town Board of Appeals -50- June 25,. 1986 .Special Meeting PENDING DECISION : Appeal No . 3512 : Application of :SAMUEL BAIL for. Va.riances to the Zoning Ordinance , Article II_I , Section 10.0-3.1_,_ :B.u_lk Schedule , for permission to construct deck .addition and roof ,ove_r . ce.11ar stair's which exceeds the maximum- permitted 20 percent lot coverage and roof overhang will reduce sideyard setback to less than that permitted . Location of Property : 1980 Sigsbee Road , Matti_tuck , 'NY ; County Tax Map Parcel No . 1000- 1.4444-01 -01.5 . Following deliberations.,. the bo.ard took the following action : WHEREAS, a public hearing was held . and concluded on June. 19 , 1986 .in the Matter of the Application of -.SAMUEL 'BAIL under Appeal No'. 351.2 ; and WHEREAS, the, board members have personally viewe.d and are familiar wi.th .the pre.miIses in question ,, its present zoning, and _the surrounding areas ;. and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerni.ng this application ; and WHEREAS , the board made ' the following findings of—fact : 1 . The premises in question is located along the west side of Sigsbee Road , House No . 1980 , in the Hamlet of Mattituck , with a lot width of 50 feet, lot depth of 145± feet , and total lot area of 7 ,250± square feet . The subject premises is identified on the Suffolk County Tax_ Maps as District 1000 , Section 144 , Block 1 , Lot_ 15 , and is improved with a single-family , one-story dwelling and accessory 20 ' by 23 ' garage located in the rear yard . 2 . The subject parcel is located in the "A" Residential and Agricultural Zoning District ,_ which provides- for a maximum lot coverage of all structures at 20% of the total lot area , or 14.50 sq . ft. , .and limited sideyards of 10 and 15 .feet , or the established, which_ is eight feet and 17.1. 4 feet . 3. By this application , appellant requests variances : a Southold Town Board of Appeals -51- June 25 , 1986 Special Meeting (Appeal No . 3512 - BAIL decision , continued : ) (a ) for permission to construct an 11 ' by 17 ' deck addition at the rear of the existing dwelling hay.ing a setback from the rear property line at 35 feet and from the westerly side property line at 10 feet , which exceeds the present lot coverage of 1796 square feet with an additional 170 square feet , and ( b ) for permission to construct roof overhang of approximately 45" by 14 ' 2" deep , leaving a reduced sideyard at _not less than 50 inches , and exceeding the lot coverage limitation by an additional 70 square feet . The total lot coverage in excess of the existing 1796 square feet is 24.1 ± feet , for a total of 2036 square feet . Twenty-percent of the total lot area is 1450 square feet . 4. It is the opinion of the board that the variances requested are minimal and that the roof overhang is necessary to prevent water from accummulating in the existing cellar stairway . In considering this appeal , the board also finds and determines : (a ) that the difficulties claimed are sufficient to warrant the granting of this v_ariance_; (b) there will be no substantial change in the character of the neighborhood or detriment to _adjoining properties ; (c ) that the relief requested is not substantial ; (d ) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance ; (e ) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (f) that in .view of the manner in which the difficulty arose and in consideration of all the above factors , the .interests of justice will best be served by allow- ing variance , as noted below . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it. was RESOLVED , that the relief requested under Appeal No . 3512 in the Matter of the Application of SAMUEL BAIL for permission to construct 11 ' by 17 ' deck addition at the rear of the dwelling and 45" roof _overhan.g along the westerly side of dwelling , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That there be no further reduction of sideyards ; 2 . That the deck remain open , not to be enclosed or used as additional living area; 3 . Roof overhang shall not exceed farther than one foot past edge of stairway . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass , and Sawicki . (Mem.ber Doyen was .-absent . ) This reso__lution was duly adopted. P Southo.ld. .To.wn.. Board, of. Appeals -52- June 25 , 1986 Special Meeting SET-UPS FOR HEARINGS : On motion by Mr . Goehringer , seconded by Mr. Douglass , it was RESOLVED , that the following matters be and hereby are scheduled for public hearin.gs to be held THURSDAY , JULY 17 , 1986 , by the Southold Town Board of Appeals at the Town Hall , Main Road , Southold , New York , and be it further RESOLVED , that the Secretary is hereby authorized and directed to publish notice of the following hearings in the Suffolk Times and L . I . Traveler-Watchman : 7 : 35 p .m. Appeal No . 3529 - PAUL KELSCH . Deck addition with insufficient rearyard . .. 405 Wendy Drive , Laurel . 7 : 40 p .m. Appeal No . 3526 - BRUCE AND SHIRLEY SIEVERMAN . Deck addition to existing dwelling , attaching an existing pool , leaving an insufficient-- ,setback from the southerly _pr.oper_ty line.. Corner of Aquaview Avenue and Rocky Point Road, East Marion . 7: 45 p .m'. Appeal. No 3529 = 'RICHARD 'AND ALIC.E McMANUS . Co.nstruct,i on_ of open porch in -exces-s- of 30 s.q: ft. in area , requiring a _variance for insufficient -setback from the front property line a_t 710 Cedar Lane , East Marion . 7 :.50 .p .m. Appeal No . ' 3531 = ALBERT 'J . BRENEI'SEN . Accessory pool , deck and fence .en_closure -within. 75 of mean high water along Dawn Lagoon . 7.15 Dawn Drive , East Marion.. 7 : 55 p .m. Appeal No . 3521 - 'ANDREW 'AND WILLIAM GOODALE. Reduce living area in this preexisting-,-. .nonconforming dwelling unit to less than 850 sq . ft . '"B-1 " Zone . 7655. Main Road , Laurel . 8 :00 p .m. Appeal No . 3523 - STEVE KALAIJIAN . Lot area-- Lot #2 . _ N/s Private ROW extending off the North Side of Bergen Avenue , Mattituck . 8 : 10 p .m. Appeal No . 3517 -' 'ROSALIE GOWEN : (1 ) Lot area , (2 ) Lot depth , (3)- lot width , of two parce_Is . Corner of .Zena Road , Cpt . Kidd Drive and Central Drive , Mattituck , a Southold Town Board of Appeals -53- June 25 , 1986 Special Meeting (Set-Ups for 7J17J76 continued : ) 8,:..15 p .m. Appeal No . 3522 = NORTH FORK BANCORP . [1 ] One large on-premises ID sign in excess of maximum height- and wi-dth- requirements and [2] Second on.-premises ID/directory sign . 9025 Main Road, Mattituck . "B-Light Business" Zone . 8 : 20 p .m. Appeal No . 3527 - ROBERT AND CHARLOTTE WISSMAN . Variances to- locate new dwelling with reduced : 1 side- yards , [2] frontyard , [3]_ _rearyard , [4] setback from ,highwater ._- 715 Gull Pond Lane, Greenport. (As amended 7J16 ) 8 : 30 .p .m. Appeal. No . 3428 � 'BE.RTHA .KURCZEWSKI . Insufficient lot area_ and frontage of -two - parcels . E/ss Depot Lane , Cutchogue . 8 : 40 .p .m. Appeal No . 3513 = STEPHEN SHILOWITZ .. Condominiums w-ithin 75 ' of bulkhead and - tidal water .. VW/s Sixth Street , Greenport . 'M-Light Multiple Residence" Zone'. 9 : 00 p .m. Appeal No . ' 3510 = RICHARD 'AND RUTH ZEIDLER. Pool , deck and__fen,cing within 75' -Ffeet. of bulkhead and tidal water. 100 McDonald ' s. Crossing , Edgem_ere Park , Laurel . 9: 15 p .m. Appeal No . 34.89 = PAUL LEARY for reversal of building ins_pect-or ' s decision concerning property of FRANK 'AND MARY BROPHY , 75 Second Street., _New Suffolk . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass , and Sawicki .. (Member Doyen was absent . ) This resolu- tion.. was duly adopted . PENDING CONTINUED `HEARING : Appeal No . 3477 - WILLIW AND KATHER.INE SHE-INS . Area , width and depth- variances . (Con-tinued from 6/19/86 public hearing ) . The board was advised that as of this- date , an updated survey has not been furnished by the surveyor as reques-ted by Mr . Tohill . The board members authorized the Secretary _to advertise this matter for a continued public hearing in the event the surveys are received by this com ing meeting ' s. advertising deadline . Southold Town Board of Appeals -54- June 25 , 1986 Special Meeting NEW APPLICATIONS RECENTLY FILED : The board members reviewed each of the following new matters --and will arrange field inspections in the..- near future before scheduling same. for public hearings : (a ) Appeal No . 3433 = DESSIMOZ AND 'RACZ. The board authorized advertising of this matter for public hearing to be held at the Regular Meeting during late July/early August [to be confirmed by the board at the next meeting] . ' 2.80-a , Hallock Lane ,- Mattituck. (b ) Appeal No . 3532 = 'ARTHUR 'BURNS . Tennis Court in frontyard . ROW off W/s-Ruth Road , Mattituck . (c ) Appeal No . 3531 = ALBERT 'BRENEISEN . Pool , deck and fence within 75 ' o_f, we.tlands . Dawn Drive , - East Marion . (d ) Appeal No . 3533 - JOHN BREDEMEYER . Insufficient rear and wetland setbacks . Bay Avenue , Orient . NEW 'APPLICATION : GEORGE D : DAMIEN . The board acknowledged receipt of correspondence from the applicant dated June 13 , 1986 , received June 18 , 1986 , which advise_d_ the status of the applications with the Suffolk County Department of Health for Article _V_I Subdivi - sion approval , and recent submission- to t_he Planning Board for a set-off. There being no other business properly coming before the board at this time , the Chairman declared the_ meeting adjourned . The meeting was adjourned at 9 : 45 p .m. Respectfully submitted , 67 Linda F. Kowalski , Secretary ..Southold Town. Board of Appeals Approved - July .31 , 19n FD D FILED BY TOWN CLERL OUR of Sr F f