HomeMy WebLinkAboutZBA-05/28/1986 SPEC A- '
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L T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M I N U T E S
JOSEPH H. SAWICKI -.-.- - - -
'SPECIAL MEETING
WEDNESDAY ; MAY 28 , T986
A Special . Meeting of the . Southold Town Board of Appeals
was held on 'Wed►iesday , May '28 ,' '1986 at 7 : 20 o ' clock p_.m. at the Southol d Town Ha,l l ,_-.Mai n _Ro-ad, Southol d , New York 11 971 .
Present were :. Gerard .P.' Goe.h,r.i.nger, Chairman; Charles
Gri goni-s , 'Jr,,; Serge Doyen , Jr� ; R.o.b.e.rt; J a D:ougl ass ; and
J.oseph H. _Saw _cki,:_constitut_ing 'all f.i.ve members of. .the. Board
_of 'Ap.pe.al-s- ._ present vexed . 'Vi.ctor. Lessard ;. Bu.ilding-
Depa _rtment-Exe.cuti_ve Administrator., 'and ;L.inda Kowalski , _Z:,.B.A.
Clerk and Secretary. _
The Chairman opened the meeting at 74.20 .p .m. and
proceeded with the first matter on the agenda, as follows :
DELIBERATIONS/PENDING 'DECISI.ON : Appeal No . 3468 :
Matter of WARREN 'AND MARV.B.RADY . Z. B .A. Public Hearing
was held and concluded on April 3; 198'6 ..
(continued on page 2 )
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Southold Town Board of Appeals -2- May 28 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3469 :
Application of WARREN AND MARY BRADY for a Variance to the Zoning
Ordinance , Article III , Section 100-32 for permission to locate accessory
barn in the frontyard area, at premises referred to as 3500 Private Road
#13 , off the north side of Bergen Avenue , Mattituck , NY; County Tax Map
Parcel No . 1000-105-01 -5 .
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held and concluded on April 3 ,
1986 , in the Matter of the Application of WARREN AND MARY BRADY under
Appeal No . 3469;. 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 recorded and transcribed ; 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 a private right-of-way (partly traveled ) known as Private Road #13
which extends off the north side_ of Bergen Avenue , Mattituck , and
is identified on the Suffolk County Tax Maps as District 1000 ,
Section 105 , Block 01 , _Lot 5 .
2 . The subject premises consists of a total area of five
acres , with frontage along the private right-of-way of 200 feet and
lot depth of 1086± feet extending in a northerly direction to the
Long Island Sound . The premises is improved with a single-family
dwelling set back very closely to the bluff along the Long Island
Sound . There are two__ accessory buildings as follows . (a ) 28 ' by 20 '
and (b ) 16 ' by 30 ' , both for storage purposes incidental to the
existing dwelling and not operated for gain .
3 . By this application , appellants request permission
to locate an 30 ' by 48 ' accessory barn./storage structure
s
Southold Town Board of Appeals -3- May 28 , 1986 Special Meeting
(Appeal No . 3469 - BRADY , decision , continued : )
landward of the existing dwelling . in the front yard area 100
feet from its front (southerly ) property line , 52 feet from
the west property line , and 100± feet from the east property
line as shown by survey amended December 3 , 1985 , prepared by
Roderick VanTuyl , P . C .
4 . It is the opinion of the board members that the
property consists mostly of "fron-tyard" area and that the most
feasible area would be at least 100 feet from the Sound bluff
(per Article XI , Section 100-119 . 2 (A) ) . The area chosen by
the applicant is set back farther than a principal building
would normally be required on a vacant lot in this "A-80"
Agricultural and Residential Zoning District .
5 . For the record , there is a Certificate of Occupancy
dated April 27 , 1966 under No . Z2407 for the private single-
family dwelling , and written easement at Liber 8463 cp 378
dated July 6 , 1978 from Stanley Sledjeski to the applicants
for access over the right-of-way .extension to the east des-
cribed in "Minor Subdivision #90 , April 30 , 1974 . "
In considering this appeal , the board finds and deter-
mines that the variance should be granted because : (a ) the
proposed structure will not be adverse to neighboring properties ;
(b ) the circumstances of the property are, unique ; (c ) the
practical difficulties shown are sufficient to warrant a
granting of the requested relief because there is very little
buildable rearyard area and any other location on the
premises would require additional variances ; (d ) there will
be no substantial change in the character of the district ;
(e ) the interests of justice will best be served by allowing
the relief , as conditionally noted below .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , that the relief requested under Appeal No .
3469 in the Matter of the Application of MR . AND MRS . WARREN
BRADY for permission to locate 30 ' by 48 'accessory barn
structure in the frontyard area not closer than 100 ' from
the front (northerly ) property line , BE AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The structure is' limited to storage use incidental
to residental use of the premises and not operated for gain ;
i
Southold Town Board of Appeals -4- May 28 , 1986 Special Meeting
(Appeal No . 3469 - BRADY , decision , continued : )
2 . Overhead doors shall not face the right-of-way
(southerly property line ) ;
3. There shall be no backing out onto the right-of-way
(access area ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No . 3476 :
Application of ROBERT AND CHARLOTTE WISSMAN for a Variance to
the Zoning Ordinance , Article XII , Section 100-121 to seek relief from
conditions placed by prior Appeal No . 2006 in the Name of Claire Brody
and Others dated February 27 , 1985 , which conditionally granted use of
lot for mooring, dock and storage building (Article III , Section 100-30-
_(B ) [91 ) and insufficient lot area and width (Bulk Schedule ) , to allow
the construction of a single-family residence . Location of Property :
715 Gull Pond Lane , Greenport , NY ; County Tax Map No . 1000-35-04-007 . 6
(refer-red- to as Lot "C" )..
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 3,
1986, in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN ,
under Appeal No . 3476 ; 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 heari'ng' all those who desired to be heard
were heard and their testimony recorded and transcribed ; 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 .east side
of Gull Pond - Lane distant 637 .82 feet from the southeasterly side of
Middle (North) Road, in the Hamlet of Greenport, and is identified
on the Suffolk County Tax Maps as District 1000 , Section 35 , Block
04 , Lot 007 ..6 .
Southold Town Board of Appeals May 28 , . 1986 Special Meeting
(Appeal No . 3476 - ROBERT AND CHARLOTTE WISSMAN , decision , continued : )
2 . The subject premises consists of a total area of 17 , 934
sq . ft . with frontage along Gull Pond Lane 140 feet , more or less ,
and lot depth of 170 feet . The premises is presently vacant and
constructed along the most easterly (rear ) property line is a
bulkhead of 100 feet , more or less , in length .
3. By this application , appellants request relief from
prior Appeal No . 2006 , Condition No . 1 , rendered February 27 ,
1975 for approval of this substandard parcel for residential
use .
4 . On February 6 , 1975 , predecessors in title (Claire
Brody and Others ) applied for a Variance to the Zoning Ordinance ,
for approval of four substandard lots , each containing approximately
21 ,000± square feet in area and insufficient lot width of 140± feet ,
requiring a Variance from Article III , Section 100-31 , Bulk Schedule ,
Which required a minimum lot size of 40 ,000 sq . ft . and 150 ft . lot
width . Also requested was permission to dock not more than' two boats
other than their own as permitted by Article III , Section 100-30 ( B ) [9] .
5 . Article III , Section 100-30 ( B ) [9] of the Zoning Code
provided as follows :
B. Uses permitted by Special Exception by the
Board of Appeals . The following uses are permitted
as a special exception by . the Board of Appeals , as .
hereinafter provided , and subject to site plan
approval by the Planning Board . . . (9 ) Boat docking
facilities for the docking , mooring or accommodation
of noncommercial boats , subject to the following
requirements : (a ) There shall be docking or mooring
facilities for no more than two boats other than those
owned and used by the owner of the premises for his
personal use . . . .
6 . In rendering a decision on February . 27 , 1975 , the Board
of Appeals approved the insufficient lot area of proposed Lots A,
B , C , and D as shown by sketched survey ( surveyed January 15 , 1970 ) .
Each lot on the 1 /15/70 survey is shown to be bordering at its
easterly (rear ) property line along the edge of a dredged canal
(without bulkheading) . It is the understanding of' this board .that
during 1974- 1975 , the applicants were not able to obtain approval
from the Suffolk County Health Department for the proposed
subdivision or for the construction of new dwellings. The Board
.0 .
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Southold Town Board of Appeals -6- May 28 , 1986 Special Meeting
(Appeal No . 3476 - ROBERT AND CHARLOTTE WISSMAN , decision , continued : )
of Appeals placed the following conditions in its Febru-
ary 27 , 1975 decision :
(1 ) written covenants restricting or prohibiting
this property for residential use , without approval
of the Board of Appeals , shall be filed in the
Suffolk County Clerk ' s Office ;
(2 ) That before applicant may be permitted
dockage and mooring privileges for small boats
as an accessory us.e, a sp-eci al _exception shall
' be applied for-- from the Board.- of Appeals ; _
(3 ) Site plan approval shall be obtained from
the Planning Board ;
(4 ) Any sanitary facilities installed on this
property shall be subject to the approval of the
Board of Health ;
(5 ) That this approval shall be subject to
applicant obtaining proper documents from the
State and County Environmental Control Commissions . . . .
7 . For the record, it is noted that written Covenants
were executed by the predecessors in title dated November 28 ,
1978 declaring _the four lots will not be used for residential
purposes , binding successors and. assigns in title .
8 . It is also noted for the record that : (a ) the parcel
immediately south (Lot B ) of the subject premises (Lot C ) received
site plan approval from the Town Planning Board 1 /9/79 as
required by prior Applications , Special Exception No . 2032
[Harold Stetler] dated May 1 , 1975, and Variance No . 1954 [Brody
and Others ] dated February 27 ,__ 1975 ; (b) on 9/23/80 , Board of
Appeals ' actions taken between the period from 1 /1 /71 through
9/5/79 concerning lot line changes or subd,ivisi_on.s of lands , were
granted by the Planning Board ; (c ) the subject parcel , Lot C ,
was issued -a Certificate of Occupancy dated June 15 , 1984 , No . Z-
12559 indicating its status as a "single and separate lot" from
the Building Inspector , and received Suffolk County Health
Department approval on 1 /6/84 , No . 14-SO-01 ; (d ) the parcel
immediately north referred to as Lot D , was improved with a
single-family dwelling as per Certificate of Occupancy #Z-13071
dated December 18 , 1984 , and received Suffolk County Health
Department approval on zNovember 26 , 1984 , #12-SO-13 .
Southold Town Board of Appeals —7.-M.ay 28 , 1986 Special Meeting
(Appeal No . 3476 - ROBERT AND CHARLOTTE WISSMAN , decision , continued : )
9 . In reviewing the surveys/sketches submitted under
this application , it is the position of the town that once a
complete application has been submitted to the Building
Department .for a construction permit , additional reviews will
be made and an additional variance application may be necessary
( 100-119. 2 ) as well as compliance with the Floodplain Management
Law (Ch . 45 ) for a minimum elevation of the lowest floor at eight
feet above mean sea level for this "A-7" Flood Zone .__
In considering this appeal , the board find and determines
that the relief requested should be approved as applied since :
(a ) the circumstances are unique ; (b ) the practical difficulty
claimed is sufficient to warrant a granting of the variance ;
(c ) the history of this parcel and actions taken lend to the
practical difficulties of the appellants ; (d ) the interests
of justice will best be served by allowing the relief , as
conditionally noted below .
Accordingly , on motion by Mr . Douglass , seconded by
Mr . Grigonis , it was
RESOLVED , to grant relief as requested under Appeal
No . 3476 in the Matter of the Application of ROBERT AND CHAR-
LOTTE WISSMAN for approval of the. subject 17 ,934± sq . ft.
lot for single-family dwelling purposes , SUBJECT TO THE
FOLLOWING CONDITIONS :
1 . That the new construction must comply with front
and side yard setback requirements without reductions ;
2 . Docking and mooring shall be limited to noncommercial
boats and for not more than two boats other than those owned and
used by the owner of the premises for his personal use (Article
III , Section 100-30 (B ) [91 ) ;
3 . Commercial marina use shall not be permitted ;
4 . Additional variance applications must be applied for
concerning setback from bulkhead , etc . if they are deemed necessary
under the zoning regulations ;
5 . There shall be a minimum elevation of eight feet (8 ' )
above mean sea level as required in this "A-7" Flood Zone ;
6 . No temporary living quarters ( such as camper , trailer ,
etc . unless permitted by Town Board , etc . ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . _ This resolution was duly adopted .
Southold Town Board of Appeals -8- May 28 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3472 :
Application of MICHAEL HERBERT for a Variance to the Zoning
Ordinance , Article III , Section 0-30 (A) for permission to estab-
lish "Bed and Breakfast" type use , or "an owner-occupied building ,
other than a hotel , where lodging and breakfast is provided for
not more than nine persons . " Location of Property : 795 Pike
Street , Mattituck , NY ; County Tax Map Parcel No . 1000-140-2-23.
Zoning District : A Residential and Agricultural .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 3 ,
1986 in the Matter of the Application under Appeal No . 3472 , of
MICHAEL HERBERT ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding area ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded and transcribed ; 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 Pike Street in the Hamlet of Mattituck and is identified on the
Suffolk County Tax Maps as District 1000 , Section 140 , Block 2 ,
Lot 23 .
2 . The subject premises consists of a total area of approxi -
mately one-half acre with 85± ' frontage along Pike Street and
average lot depth of 238± feet , and is improved with the following
structures : (a ) two-story , single-family dwelling shown on survey
dated October 9 , 1985 , having a setback of 39± feet from its front
property line and sideyards of 26 ' and 34 ' , and (b) accessory
garage located in the rearyard area with an insufficient setback
of one foot , more or less .
. 3. The subject premises is located in the "A" Residential
and Agricultural Zoning District ; the adjacent parcels to the west
s ,
6'
Southold .Town Board of Appeals -9 - May 28 , 1986 Special Meeting
(Appeal No . 3472 - M . HERBERT, decision , continued : )
and east are also zoned "A" Residential and Agricultural ; other
parcels , along the south side of Pike Street are in the " B-l "
General Business Zoning District . Abutting the premises to the
north is the Long Island Railroad ; north of the Railroad are
premises in the "C-Light- Industrial " Zoning District .
4 . For the record , it is noted . that the applicant purchased
—,� the premises on October 29 , 1985 (Liber 9907 cp 338 ) for the
price of $105 ,000 . Certificate of Occupancy of Nonconforming
Premises #Z13944 was issued October 18 , 1985 for a single-family
dwelling .
5 .. Appellant proposes to. use the dwelling for a "bed and
breakfast-type" use,_ _with 'own.er-occupancy, _other than a -hotel ,
for rental of a five to nine bedrooms ( l.odgin'g ) and where a contin-
ental breakfast _.(consisting of—beverage:—and pastry will be
provided ..
6 . Similar uses , such as boarding and tourist houses , for
five or more persons are permitted uses in the "M-Light" Multiple
"Residence, "M-1 Multiple-Residence , " B-Light" Business , " B- 1 "
General Business, , Zonin_g _Districts.
7 . 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
th_e 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 .
8 . It is also the position of .the board that although
a letter has been submitted from a local real estate broker
indicating that the property_, as one-family dwelling use , has
a current market value of $125 ,000 andhas_. a limited interest
to home buyers, that without underlying concrete facts and
unnecessary hardship, the variance. is not warranted .
In considering this appeal , the, board finds and determines
that although the appe,llant '_s. c_ircumstances are unique ; that the
relief_. requested must be denied for the reasons stated above .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Grigonis , it was
RESOLVED, that the relief requested under Appeal No . 3472
Southold Town Board of Appeals -10-
pp May 28 , 1986 Special Meeting
(Appeal No . 3472 - M . HERBERT , decision , continued : )
in the Matter of the Application of MICHAEL HERBERT, BE AND HEREBY
IS DENIED WITHOUT PREJUDICE.
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No . 3480 :
Application of VINCENT AND JOANN. CAS.A for a Variance to the Zoning
Ordinance , Article XI , Section 00- 9 . 2 or permission to locate swim-
mingpool with deck and fence enclosure within 100 feet of bluff along the
Long Island Sound , premises known as 1840 .The ,Strand , Pebbl.,eBeach Farms
Inc . , Subdivision Map #2 , Lot #115 , East Marion , NY ; County Tax Map Par-
cel No . 1000-30-2-58 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on May 1 , 1986
in the Matter of the Application under Appeal No . 3.480 , of VINCENT J .
CASA; 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 recorded and transcribed ; 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 The Strand Road , East Marion , is identified on the Suffolk County
Tax Maps as District 1000 , Section 30 , Block 2 , Lot 58 , and is known
and referred to as Lot #115 , Subdivision Map of " Pebble Beach .Farms .
2 . The subject premises consists of a total area of 26 ,500
square feet , 'more or less., with frontage along The Strand of 77 feet
and lot depth of 360± feet , and average buildable lot depth of 238± feet .
The premises is improved with a single-family one-.story frame house and
garage structure set back 69 .8 feet from its nearest point from the
front (southerly ) property line , 12 . 4 feet from the east side line
and 7 . 5 feet from the west side line .
3 . By this application, appellant requests permission to con-
struct an 18 ' by 36 ' inground_ swimmingpool with deck areas , set back
three feet from_ the west side line and approximately 50 feet from the
average line of bluff as shown by sketched survey amended April 23 ,
1981 and filed with this application . The pool and deck areas are
.shown to be unattached to the existing dwelling.
Southold Town Board of Appeals . -11 - May 28 , 1986 Special Meeting
(Appeal No . 3480 - VINCENT CASA, decision , continued : )
4. Article XI , Section 100-119. 2 , sub-paragraph A(1 ) requires
all buildings proposed on lots adjacent to Long Island Sound to be
set bac.k not less than one-hundred ( 100 ) feet from the top of the
bluff or bank .
5 . Included in the board ' s review is a written report from
the Suffolk County Soil Conservation Service , U . S . Department of
Agriculture , dated April 3 , 1986 , indicating that this bluff area has
experienced severe erosion problems within the last few years . .
6 . It is the opinion of the board members that (a ) the pool
should be located as far back from the bluff edge as possible , with
the long axis parallel to the bluff in order to keep as much weight
as possible back (away ) from the bluff edge ; (b) any draining of the
pool or discharge should be piped toward the south of the property
and not over the face of the bluff; (c ) all water runoff, ( including
irrigation , etc . ) should be piped toward the south of the property
and shall not drain over the bluff areas into the Sound .
In considering this appeal , the board finds and determines
that in locating the long axis of the proposed construction parallel
to the house and bluff: (a ) the variance will be minimal and not
substantial in relation to the zoning requirement [20% of a variance] ;
(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 ; (e ) the interests of justice will best be
served by allowing the relief, as conditionally noted below .
Accordingly , on motion by Mr . Douglass , seconded by Mr . Grigonis ,
it was
RESOLVED , that a Variance for permission to construct accessory
pool with deck and fence enclosure within 100 feet of the Long Island
Sound Bluff, BE AND HEREBY IS APPROVED in the Matter of the Application
of VINCENT J . CASA, Appeal No . 3480 , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the pool and deck areas be not closer than 10 feet to
the westerly side property line ;
2 . That the pool and deck areas be unattached to the dwelling
and be constructed not closer than 80 feet from the bluff line at its
nearest point ;
3 . That the pool and deck shall not be linked to the house or
Southold Town Board of Appeals -12- May 28 , 1986 Special Meeting
(Appeal No . 3480 - VINCENT CASA , decision , continued : )
house decks ;
4. There be no drainage 'ov.er the bluff area of. any water.
(from the pool , rain, irrigation , etc. ) into the Sound ;
5 . All fill must be placed landward of the bluff;
6 . Pool -deck construction shall remain open and unroofed ;
7 . Exterior lighting shall be shielded to this parcel not
affecting other properties and shall be of a low-profile type. (no over-
head lighting ) ;
8 . Fencing should be of chainlink type .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No . 3396 :
Application of GARY DOROSKI for a Variance to the Zoning
Ordinance , Article XI , Section 0- 19. 2 ( B) for permission to locate
proposed pool with decks and fence enclosure within 75 feet of wetlands
and highwater mark , at 425 Monsell Lane , Cutchogue , NY ; Norwald Sub-
division Filed Map No . 1275 , Lots 31 -35 inclusive ; County Tax Map
Parcel No . 1000-97-08-27 .
Following deliberations , the board took the following
action :
WHEREAS , public hearings were held on April 3rd and May lst ,
1986 , in the Matter of the Application of GARY DOROSKI under Appeal
No . 3396 ; 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 recorded and transcribed ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
Southold Town Board of Appeals - 13-. May 28 , 1986 Special Meeting
(Appeal No . 3396 - GARY DOROSKI , decision , continued : )
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located along the east side
of Monsell Lane , in the Hamlet of Cutchogue , is identified on the
Suffolk County Tax Maps as District 1000 , Section 97 , Block 08 , Lot 27 ,
and is known and referred to as Lots 31 -35 , inclusive , Map of Norwald -
Subdivision No . 1275 .
2 . The subject premises consists of a total area of 37 , 703
square feet , with frontage along Monsell Lane of 276± feet , and
greatest depth of 150± feet . The premises is improved with a
single-family , one-story frame dwelling as more particularly shown
on survey amended 1 /14/86 (received 3/4/86 ) , and set back at its
closest point from Monsell Lane 31 feet) at its southwest corner.) .
3 . By this application , appellant requests permission to
locate an 16 ' by 32 ' pool with varied deck areas and fence enclosure
on an angle (northeast to southwest direction at long axis ) with a
setback of not closer than 24 ' to the high marsh grass borderline
or 50 feet from the rear property line as shown by survey map amended
January 14 , 1986 , prepared by Roderick VanTuyl , P . C .
4 . Article XI , Section 100-119 . 2 , sub-paragraph ' B requires
all buildings located on lots adjacent to tidal water bodies other
than the Long Island Sound to be set back not less than seventy-five
(75 ) 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 .
5 . It is the opinion of the board members that : (a ) the
pool and deck areas should. be located as far back from the marsh and
wetland areas as possible ; (b ) ' any draining or discharge from the
pool , or irrigation , shall not run into the tidal areas ; (c ) that
the requested setback of 24 ' is .substantial in relation to the
requirement of 75 feet , being a variance of- more than 50% ; (d ) that
an alternative would be to reduce the deck areas proposed between
the existing house and the pool construction in order to minimize
the wetlands setback .
6 . For the record , it is noted that previous applications
have been made concerning this property as follows : (a ) Appeal No .
3310 rendered February 143 1985 conditionally permitted an accessory
shed/garage structure in an area other than the required rearyard ;
(b ) Appeal No . 2040 rendered June . 12 , 1975 for the construction of
the residence with a setback of not closer than 30 feet to Monsell
r ,
South'old_ Town Board of Appeals -14- May 28 , .1986 Special Meeting
(Appeal No. 3396 ' - GARY DOROSKI , decision ,, continued : )
Lane .
In considering this appeal , the board finds and determines
that in locating the proposed pool , deck and fence enclosure at a
distance. not closer than 60 feet from the rear property line and
not closer than 28 feet from the wetlands areas : (a) the variance
will be the minimum necessary ; (b ) the circumstances are unique ;
(c ) the practical difficulty under the circumstances are sufficient
to warrant the granting of same ; (d) there will be no substantial
change in the character of the. district; (e ) the interests of
justice will best be. served by allowing relief, as conditionally
noted below.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Douglass , it was
RESOLVED , that a Variance for permission to construct
pool , deck and fence enclosure BE AND HEREBY IS APPROVED in the
Matter of the Application of GARY DORO.SKI , Appeal No . 3396 , SUBJECT
TO THE FOLLOWING CONDITIONS :
1 . That there be no construction within 60 feet of the
rear property line and no closer than 24 feet from the wetlands area
at its nearest points ;
2 . The pool wall must be reinforced every six feet with
12" by 12" block piers and properly backfilled , particularly on the
wate.r . side (to maintain strength from water -flow ) ;
3. Proper ground cover shall be placed so that no topside
erosion will result (for example , sod , low bushes , etc . ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
Southold Town Board of Appeals -15- ' May 28 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3399 :
Application of 'C : 'BRUCE 'ANC ANNE STAIGER for a Variance t:o the
Zoning Ordinance , Artic III , Section 100-31 , Bulk Sched-Ule , for
approval of two parcels having insufficient lot area , width and depth
as described in Deeds at Libers 3362 cp 53 , and 5676 cp 213 , located
at the east side of Wells Road , Peconic , NY ; County Tax Map Parcels
No . 1000-86-2-4 and 5 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was helc, and concluded on May 1 .,
1986 , in the Matter of the Application of C . BRUCE AND ANNE STAIGER
under Appeal No . 3399 ; 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 recorded and transcribed ; 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 southeast
side of Wells Road , in the Hamlet of Peconic , and is identified on
the Suffolk County Tax Maps as District 1000 , Section 86 , Block 2 ,
Lots 4 and 5 .
2 . The subject premises consists of a total area of 46 ,293
square feet (combined total ) , an average depth of 219± feet , and
lot width (.frontage ) of 210 feet . Existing on the westerly portion
of the subject premises is a single-family , 12-story fr.ame__ house
with an accessory garage , both as shown by survey prepared by
Roderick VanTuyl , P . C . August 21 , 1985 .
3. By this application , appellants request approval of the
insufficient lot area , depth and width of two parcels : (a )__
on the westerly portion , Lot #1 , of 22 ,775 sq . ft. ,_ 227 . 10 depth ,
and 100 feet in width ; (b) on the easterly portion , Lot #2 , of
23 , 518 sq . ft . to a tie line , 227 . 10 depth... and 110 ' lot width .
The existing dwelling is. showr. on Lot #1 with- a setback from the
proposed Easterly side line (proposed division line ) at not less
.Southold Town Board of Appeals -16- May 28 , 1986 Special Meeting
(Appeal No . 3399 - STAIGER , decision , continued : )
than 10 feet and with a set.bGck. from the rear property line (at
a tie line ) at its closest point at 70± feet . Lot #2 is vacant .
4 . Submitted for the reccrd ,are copies,, of: (a) deed
dated June 2 , 1952 at Liber 12.362 cp 53 from Herbert W. Wells ,
and others , to the applicants conveying propcsE-d L . t #1 ;
(b ) deed dated December 22 , 1964 at: Liber E.676 cp 213 from
Kathryn N. Wells and others. , to the applicants ccnveyinc
proposed Lot #2 ; (c ) N . Y. S . .Department of Environmental
Conservation Article 25 Tidal Wetlands Permit issued Octo-
ber 31 , 1985 for the re-division as proposed ; (d) Suffolk
County Health Department letter dated August. 27 , 1985 waiving
ArAicle VI for a realty development since the nUrr,ber of parcels
has not increased since 1960 as per the County Tax Map records ;
(e ) letter dated October g , 1985 from the Southold Town
Planning Board indicating that the set-off application be
denied because it does not conform with the current zoning
requirement of 80 ,000 each and needs a variance .
5 . In viewing the immediate area , the board finds
that parcels located generally north and south of the.._
subject premises consist of .:an area similar or smaller than
that propoSE-d herein . Also , it is noted- that Lot #1 was
purchased prior to the enactment of zoning (1957 ) ; .and Lot
#2 was purchased at the time of the 12 ,500 sq . ft. area zoning
requirement: .
In considering this appeal , the board finds - and
determines : (a ) that the circumstances are unique ; (b)
that the variance will not in turn cause a substELritial effect
of increased population density or be adverse to the _safety ,
health , welfare , comfort , convenience and order of the town ;
(c ) the practical difficulties shown are sufficient to warrant-
the granting of the variance ; (d ) therE: will be no substantial
change in the character of the . ne:ichborhoed or a substantial
detriment to adjoining properties ; (e ) the difficulty cannot
be obviated by some method feasible for appellants 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 fac-
tors , the interests of justice will best be served by allowing
the variance applied for.
Accordingly , on motion by Mr . Goehrincer , seconded by
Mr . Sawicki , it was
Southold Town Board of Appeals -17- May 28 , 1986 Special Meeting
(Appeal No . 3399 - STAIGER , decision , continued : )
RESOLVED , that the relief requested under Appeal No . 3399
in the Matter of the Application of C . BRUCE AND ANNE R . STAIGER
for approval of the insufficient lot area , depth and width of
parcels #1 and #2 of 22 ,775 sq . ft. and 23 , 518± sq . ft. , of
227 . 10 lot depth , and 100 ft. and 110 ft . width , respectively ,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Compliance with the Bulk Schedule as to minimum
front and side yard setbacks without reductions in the "A"
Residential Zoning District ;
2 . Approval from the Southold Town Planning Board
pursuant to Ch . A106 of the Code .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
PENDING DECISION : Appeal No . 3486 :
-Application of ROBERT JOHNSEN for a Variance to the Zoning
Ordinance , Article III , Section 00-31 , Bulk Schedule for approval
of insufficient lot area of proposed Parcel #4 in this pending four-
lot minor subdivision located along the south side of Soundview
Avenue , Southold ; County Tax Map Parcels No . 1000-68-4-2 and 3 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on May 1 ,
1986 , in the Matter of the Application of 'ROBERT 'JOHNSEN under
Appeal No . 3486 ; 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 recorded and transcribed ; 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 Sound_ View. Avenue , in the Hamlet of Southold , and is identified on
Southold Town Board of Appeals —18- .May 28 , 1986 Special Meeting
(Appeal No . 3486 - ROBERT JOHNSEN , decision , continued : )
the Suffolk County Tax Maps as District 1000 , Section 68 , Block 4 ,
Lots 2 and 3.
2 . The subject premises consists of a total area of 7 . 1 ±
acres (combined total ) and lot width of 511 feet . ..Existing are
a single-family dwelling and accessory storage garage , for which
Certificates of Occupancy .Nos ,� Z9225 dated 9/25/78 and Z13037 dated
December 3 , 1984 have been issued .
3 . By this application , appellant requests approval of
proposed Lot No . 4 of 70 ,000 sq . ft.. in area and _lot width of 226±
feet . The remaining proposed three lots in this four-lot minor
subdivision are proposed to contain a minimum lot area of 80 ,000
sq . ft. each , and are vacant , all as shown by _minor subdivision
sketch plan/survey prepared by Young & Young. September 5 , 1984 .
Proposed Lot No . 4 will contain the existing single-family dwelling
and accessory storage garage located in the rearyard area.
4 . The percentage of relief requested in relation to the
zoning requirement , Article III ,.. Section 100-31 , Bulk Schedule ,
is 12 . 5% , or 10 ,000 sq . ft .
In considering this appeal , the board finds and determines :
(a ) that the circumstances are unique ; (b ) that the variance
will not in turn cause a substantial effect of increased popula-
tion density or be. adverse to the safety , health , welfare , comfort ,
convenience and order of the town ; (c ) the practical difficulties
shown are sufficient to warrant the granting of the variance ;
(d ) there will be no substantial change in the character of the
neighborhood or a substantial detriment to adjoining properties ;
(e ) the difficulty cannot be obviated by some method feasible
for appellant to pursue other than a variance ; (f) that in view
of the above factors , the interests of justice will best be
served by allowing the variance .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , that the relief requested under Appeal No . 3486
in the Matter of the Application of ROBERT JOHNSEN for approval
of insufficient lot area of 70 ,000 sq . ft . of proposed Lot #4 ,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Premises shall not be used for more than a single-
Southold Town Board of Appeals -19- May 28 , 1986 Special Meeting
(Appeal No . 3486 - ROBERT JOHNSEN , decision , continued : )
dwelling use (ex . two-family , etc . ) ;
2 . Existing garage on proposed Lot #4 shall be used
only for storage purposes incidental to residental use and not
to be operated for gain or business purposes .
3 . Setback regulations under the "A-80" Zoning District
shall apply for the subject property .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . .. This resolution was duly adopted.
PENDING DECISION : Appeal. No . 3418:
Applic-ation of GRETCH£N `HEI'GL for a Variance to : (a) the Zoning
Ordinance , Article III , Section 00-31 , Bulk Schedule , for approval of
insufficient lot-,.. area and width in this proposed division of property ,
and (b) New York Town Law , Section 280-a for approval of access to
proposed Lot #1 over a private right-of-way located along the easterly
side of the subject premises. Location of Property and Right-of-way
in Question : North Side of Sound View Avenue , Southold , NY; County Tax
Map Parcels No . 1000-68-1- 14 and 15 . 1 .
Following deliberations , the board took the following action:
WHEREAS , public hearings were held on April 3 , 1986 and May 22 ,
1986 , in the Matter of the Application of GRETCHEN HEIGL under Appeal
No . 3418 ; 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 recorded and transcribed ; 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 northerly
side of Soundview Avenue , in the Hamlet of Southold , New York , and
is identified on the Suffolk County Tax Maps as District 1000 ,
Section 69 , Block 01 , Lot _14 . The right-of-way in question is
identified as-_' part of a parcel on the Suffolk County Tax Maps as
District 1000 , Section 69 , Block 01 , Lot 15 . 1 .
2 . The subject premises consists of a total area of 3 . 24
acres (exclusive of right-of-way) with a lot width (frontage ) of
Southold Town Board of Appeals -20- May 28 , 1986 Special Meeting
(Appeal No . 3418 - HEIGL , decision , continued: )
117 .88 feet . Existing is a single-family , two-story frame dwelling
set back approximately 850 feet .from Sound View Avenue and having
side yards of 18 ' and 261 ' . Also existing is a separate garage
structure accessory to the dwelling in the frontyard area .
3 . By this application , appellant requests approval of:
(a ) insufficient lot area of proposed parcel #2 of 76 ,000± sq . ft. ;
(b ) insufficient lot area of proposed parcel #1 of not less than
65 ,000 'sq . ft. ; (c ) insufficient lot width of both parcels of
117 .88 feet ; (d ) access over a 307foot private right-of-way along
the easterly side of the applicant '_s premises and over lands presently
of Gloria Fultz extending from Soundview Avenue to proposed Lot #1
a length of approximately ._850 .feet [see survey amended November 5 ,
1985 prepared for the applicant by Roderick VanTuyl , P . C . #1539-6] .
4 . Upon inspection by the board members and pursuant to
Road Report #492 from the town road engineer , it is found that
there is an 8± ft . wide traveled road in the right-of-way 920± feet
in length from the monuments along Soundview Avenue to the entrance
of the existing Heigl house , and the remaining length has been
cleared for a walkway to the Long Island Sound . The present roadway
is passable but not in good condition . Some gravel was found at
variable depths ; however , additional improvements are necessary to
allow sufficient ingress and egress of fire trucks and other emergency
vehicles .
5 . Although the area consists of lots substantially larger
than the subject premises varying in size from four acres to 12 . 5
acres , it is the opinion of the board that the size , shape and
character of this parcel lends to the practical difficulties in
this situation since there is no alternative method of planning.
the layout or configuration for a se,t-off division without a
variance . The parcel as exists with 3 . 24 acres is 177% of the
minimum lot area requirement of 80 ,000 sq . ft .
In considering this appeal , the board also finds and deter-
mines : (a ) that the relief requested is not substantial since the
applicant has met 81 % of the area requirement for Lot #1 , and 96%
of the area requirement for Lot #2 ; (b) that the practical diffi -
culties claimed are sufficient to warrant this variance ; (c ) the
circumstances are unique and not shared by other properties existing
generally in the neighborhood ; (d) there will be no substantial
change in the character of the neighborhood , or detriment to adjoin-
ing properties ; (e ) the difficulty cannot' be obviated by some
Southold Town Board of Appeals -21 - May 28 , 1986 Special Meeting
(Appeal No . 3418 - HEIGL , decision , continued : )
method feasible for appellants 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 allowing the variance , .as conditionally
noted below .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , that the relief requested under Appeal No : 3418
in 'the Matter of the App-lication of GRETCHEN HEIGL for approval
of the insufficient area., of Lot #1 of not less than 65 ,000 square
feet , Lot #2 of 76 ,000± square feet , insufficient lot width of
117 .88 feet , and for approval of access , .BE AND HEREBY IS
APPROVED ; SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the applicant ' s legal right to use this right-of-
way be in, full force and effect ;
2 . That the right-of-way be cleared and improved a full
10-feet in width and updated. as follows :
(a ) Grade and smooth the existing crown in the road
where in some areas it is from 4" to 6" higher than the sides ;
(b ) Keep the present profile ;
(c ) Place a crowned compacted two-inch (2" ) course of
3/4" stone blend on the regraded 10-foot road width a minimum length
of -850± feet from its intersection with Soundview Avenue to the
driveway access upon Lot #1 (to the existing house ) ;
3. Final acceptance of improvements to be made as authorized
by the Board of Appeals , or, if made by the Building Inspector , a
copy of his written report and acceptance to be submitted to the
Board of Appeals .
4 . Compliance with the requirements of the "A-80" Bulk
Schedule as to minimum setbacks ;
5 . Approval from the Southold Town Planning Board
pursuant to Chapter A106 of the Code...
Vote of the Board : Ayes : Messrs . Goehringer , Grigohis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
Southold Town. Board of Appeals -22- May 28 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3494 :
Application of PORT OF EGYPT 'ENTERPRISES for a Variance to the
Zoning Ordinance , Artic e XI , Section 00-,119 . 2 for permission to locate
marine fuel storage tank structures in_. th_is_ " C-Light" Industrial Zoning
District with an insufficient setback from landward edge of tidal wet-
land and from ordinary highwater mark , at 6230 Main Road , Southold , NY ;
County Tax Map Parcel No . 1000-56-6-3 . 2 , 3. 3 , 4 , 6 , 6 . 1 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on May 1 , 1986 ,
in the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC .
under Appeal No . 3494 ; 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 recorded and transcribed ; 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 . Th.e premises in question is located in the " C-Light"
Industrial Zoning District along .the south side of the Main Road
(State Road 25 ) , in -7. the Hamlet of Southold , and is identified on
the Suffolk County Tax Maps as District 1.000 , 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 the site plan mapped
April 19 , 1985 , amended May 29 , 198.5 , prepared by Roderick VanTuyl ,
P .C .
3 . By this application , appellant requests permission to
locate two new fuel storage tanks within containment walls with
an overall outside. dimension of 24 ' 10" by 16 ' 6" , more or less ,
Y •
Southold Town Board of Appeals -2.3-May 28 , 1986 Special Meeting
(Appeal No . 3494 - PORT OF EGYPT , Variance decision , continued : )
with a setback of four feet , more or less , from the edge of the
wetlands , as depicted by the May 29 , 1985 survey submitted with
this application .
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 (75 ) 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 .
5 . It is the opinion of the board members that for the
best protection of the public (customers , employees , etc . ) using
the subject premises for docking, boating , hauling, etc . , it
would be best if the fuel storage tanks were located in an area
more distant from the marina and ingress and egress areas to the
docks . It is also the opinion of the board that locating the
tanks as requested will not be environmentally feasible .
In considering this appeal , the board finds and determines
that by locating the proposed fuel tanks with containment and
fencing at a distance not closer than 65 feet from the edge of
the shoreline (waters edge ) : (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 , being 14% of a variance from the requirements ;
(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 conditionally noted below.
Accordingly , on motion by Mr. Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , that a Variance for permission to locate accessory
fuel storage tanks (two ) within containment as shown by building
plan view dated 10-31 -85 , prepared by Peconic Associates , Inc . , in
the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC .
under Appeal No . 3494 , at a distance of not closer than 65 feet
to the waters edge along shore line , BE AND HEREBY IS APPROVED
Southold Town Board of Appeals -24- May 28 , 1986 Special Meeting
(Appeal No . 3494 - PORT OF EGYPT ENTERPRISES , Variance decision , continued : )
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the structure in question be located not closer
than 65 feet from the waters edge along shorel_in.e; ', and
2 . County Health Department approval ;
3 . Proper diking and cement walls , containment , to retain
any leakage of fuels ;
4 . Proper fencing six-feet in height around structure
for security reasons ;
5 . Signs to be placed on fencing identifying danger and
requiring "no smoking" , as per National Fire Protection Agency
standards .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Application No . 3481 :
Application of PORT OF EGYPT ENTERPRISES for a Special Exception
to the Zoning Ordinance , Article VIII , Section 00-80 ( B) for permission
to install /relocate marine fuel storage tanks in this " C-Light" Indus-
trial Zoning District , at 6230 Main Road , Southold , NY; County Tax Map
Parcel No . 1000-56-6-3. 2 , 3. 3 , 4 , 6 , 6 . 1 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 3 ,
1986 in the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC .
under Application No . 3481 ; 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 recorded and transcribed ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
A• A
Southold Town Board of Appeals -25- May 28 , 19861Special Meeting
(Appeal No . 3481 - PORT OF EGYPT , Special Exception decision , continued : )
WHEREAS , the board made the following findings of 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 ) .
Premis.es 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 the site plan mapped
April 19 , 1985 , amended May 29 , 1985 , prepared by Roderick VanTuyl ,
P . C .
3 . By this application , applicant requests a Special Excep-
tion to permit the installation and location of two new fuel storage
tanks within containment walls with an overall outside dimension of
24 ' 10" by 16 ' 6" , more or less , with a setback of four feet , more or
less , from the edge of the wetlands , as depicted by the May 29 , 1985
survey. submitted with this application .
4. The newly proposed fuel tanks are to replace existing
fuel storage tanks which are located at the easterly portion of the
subject premises .
5 . Article VIII , Section 100-80 (B) , subsection (16 ) permits
by Special Exception approval from this board the sale and storage
of fuel in the "C-Light" Industrial Zoning Districts and subject to
site plan approval from the Southold Town Planning Board in accord-
ance with Article XIII of the Zoning Code . By action taken March 24 ,
1986 , the Southold Town Planning Board referred the site plan
to the Building Department for certification in accordance with
Section 100-133 (C) .
6 . It is noted for the record that simultaneously herewith
action was taken by this Board under Appeal No . 3494 conditionally
approving a Variance of Article XI , Section 100-119 . 2 ( B) of the
Zoning Code for an insufficient setback of the subject structure
to be located not closer than 65 feet from the waters edge along
the shoreline of Budd ' s Pond .
7 . It is the opinion of the board members that for the
1 '
Southold Town Board of Appeals. .-26- May 28 , 1986 Special Meeting
(Appeal No . 3481 - PORT OF EGYPT , Special Exception decision , continued : )
best protection of the public (customers , employees , etc. ) using
the subject premises for docking , boating , hauling , etc . , it
would be best if the fuel storage tanks were located in an area
more distant from the marina and ingress and egress areas to the
docks . It is also the opinion of the board that. locating the
tanks asrequested will not be environmentally feasible .
In considering this application , the board finds and
determines that by locating th_e_ proposed fuel tanks with containment
and fencing at a distance not closer than,_ 65_ _feet from the edge of
Budd ' s Pond shoreline (waters edge ) : (a ) the use of same will not
prevent. the orderly and reasonable use of adjacent properties_ or
of prperties in adjacent use dis-tricts ; (b)__ the use will not ad-
versely 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 ) [2] of the Zoning Code .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that a Special Exception for permission to
install and locate accessory fuel storage tanks (two ) within
containment as shown by building., plan view dated 10-31 -85 , prepared
by Peconic Associates , Inc . , in the Matter of the Application of
PORT OF 'EGYPT ENTERPRISES , INC. under Application No . 3481 , at a
distance of not closer than 65 feet to the waters edge along Budd ' s
Pond shor.e line , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING
CONDITIONS :
1 . That the structure in question be located not closer
than 65 feet from the waters edge along shoreline and--
2 . County Health Department approval ;
3. Proper diking and cement walls , containment , to retain
any. leakage .of fuels ;
4 . . Proper fencing six-feet in height around structure
.for security. reasons ;
5 . Signs to be placed on fencing identifying danger and
requiring "no smoking" , as per National Fire Protection Agency
Southold Town Board of Appeals -27- May 28 , 1986 Special Meeting
. (Appl . No . .3481 - PORT OF EGYPT, Special Exception decision , continued : )
standards .
6 . Final site plan approval from the Southold Town
Planning Board 'in accordance with Article VIII , Section 100-80 (B)
-and Article XIII .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No 3490 :
Application of HARRY AND SANDRA HURLBURT for a Variance to the
Zoning Ordinance , Article III , Section 100-32 for permission to locate
accessory storage shed in the frontyard area . Location of Property :
Private Road , Fishers Island , NY; bounded north by Walker , west by
Spofford_ , south by Private Road , east by Private Road and Sorenson ; County
Tax Map Parcel No . 1000-3-2-10 .
Following deliberations , the board took :the following action :
WHEREAS , a public hearing was 'held and concluded on May 1 , 1986
in the Matter of_ the Application of HARRY AND SANDRA HURLBURT under
Appeal No . 3490 ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zon.ing , and the
surrounding areas ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded and transcribed; 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 :
I. The premises in question is located along the northerly
side of "Private Road , " at Fishers Island , and is identified on the
Suffolk County Tax Maps as District 1.000 , Section 3 , Block 2 , Lot 10 .
Bounded
on the north is S. Walker , on the east , Sorenson , and on
the west M. Spoffard .
2 . The subject premises consists of a total area of 1 . 8±
acres , and is a corner lot as defined by Section 100-13 of the
Zoning Code . Existing _upon the premises is a single-family dwelling
constructed October 8., 1969 under Permit #4497 , which is shown on
Southold Town Board of Appeals -28- May 28 , 1986 Special Meeting
(Appeal No . 3490 - HURLBURT , decision , continued : )
sketch submitted with this application to be set back 100± feet
from the easterly (front) property line and 240± feet from the
southerly (front) property line .
3 . By this application , appellant requests permission to
locate a 10 ' by 20 ' proposed garden/storage shed in the frontyard
area in excess of 100 from the road and with a setback from the
westerly property .line of approximately 20 feet .
4 . Due to the topography of the rear yard areas , the
most feasible area to place. the accessory shed. is as requested
by the applicants .
5. For the record , it is noted -that a prior application
under Appeal No . 2735 was conditionally granted for the use and
construction of an accessory building . in the frontyard area for
additional sleeping quarters on October 16 , 1980 . To date , this
accessory building has not been constructed and no building
permit has been issued .
In considering this appeal , the board finds and determines
that the relief be granted as requested since : (a) the topography
of the rearyard area lends to the practical difficulties in this
case ; (b) the circumstances are unique ; (c ) ;the practical diffi -
culties are sufficient to warrant a granting o:f same ; (d) there
will be no substantial change in the character, of the district ;
(e ) the relief as granted is not substantial ;; (f) the circum-
stances are not shared by other properties generally existing in
the neighborhood ; (g ) in consideration of all the above factors ,
the interests of justi-ce 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 , to grant the relief requested under Appeal No . 3490
in the Matter of the Application of HARRY AND SANDRA HURLBURT for
permission to locate 10 ' by 20 ' accessory garden/storage shed in
the frontyard area as applied and SUBJECT TO THE FOLLOWING CONDI-
TIONS :
1 . Any increase of size to more than the requested 10 ' by
20 ' will require additional application and review by this Board ;
2 . The subject accessory building be used only for storage
Southold Town Board of Appeals -29- May 28 , 1986 Special Meeting
(Appeal No . 3490 - HURLBURT, decision , continued : )
purposes incidential to the residential use of the premises and not
to be operated for gain or business purposes .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
PENDING DECISION : Appeal No . 3468 :
Application of 'ROBERT J . LONG for a Variance to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval
of parcel in this proposed set-off division of land having insuffi -
cient area and depth , location along the North Side of Main Road ,
East Marion , NY ; County Tax Map Parcel No . 1000-31 -4-15 , containing
11 . 912 acres .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on May 1 , 1986
in the Matter of the Application of ROBERT J . LONG under Appeal No .
3468 ; 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 recorded and transcribed ; 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 :
I . The premises in question is located along the north side
of the Main Road (State Route 25 ) , in the Hamlet of East Marion , and
is identified on the Suffolk County Tax Maps _as District 1000 , Section
31 , Block 4 , Lot 15 .
2 . The subject premises as exists consists of a total area
of 11 . 912 acres with frontage along the Main Road of 184. 23± feet ,
Southold Town Board of Appeals -30- May 28 , 1986 Special Meeting
(Appeal No . 3468 - LONG, decision , , continued : )
and width of at least 11 . 185 acres of the s.ubject premises of 326 . 09
feet . Existing is a single-family lZ-story frame ' house set back 26±
feet from the Main Road and 27± feet from the right-of-way along the
easterly property line . Also existing are accessory barn and shed
structures as shown by survey dated March 23 , 1979 .
3. By this application , appellant requests approval of
the insufficient area of a portion of the 11 . 912 acres to be
set-off as follows : (a ) Lot #1 of 31 ,669 sq . ft . [including
the right-of-way] , or 30 ,699± sq . ft. exclusive of right-of-way ,
with the existing dwelling and accessory structures; ( b ) Lot #2
of 11 . 182 acres [inclusive of right-of-way] , which may be planned
in the future as a minor subdivision by applicant , all as shown
by survey-minor subdivision map prepared by Roderick VanTuyl , P . C .
amended. July 1 , 1985 .
4 . Article III , Section 100-31 , Bulk Schedule , of the
Zoning Code requires a minimum lo.t area of 80 ,000 sq . ft. and
minimum lot depth of 250 feet . The percentage of the relief
requested in relation to the area requirement is 60%.
5 . For the record , it is noted that the Planning Board
at its March 24 , 1986 meeting recommended approval of this
lot of 31 ,669 sq . ft . provided that the remaining 11 . 1± acres
be divided into not more than four lots (minor subdivision ) in
the future .
6 . In viewing the character of the neighborhood , In viewing
it is found that a majority of the existing lots are improved and are
similar in size to that proposed by this application. It is the
opinion of the board , however , that the variance requested is
not the minimal necessary since there is additional land avail -
able to . reduce the percentage of the variance requested .
Also , in considering this appeal , the board finds and
determines that the relief should not be granted as requested
because : (a ) the practical difficulties are not sufficient to
warrant a granting of the ._variance ; (b ) the circumstances are
not unique ; (c ) there may be a precedent set since there are
other undeveloped large tracts of land existing in the
immediate area ; _(d ) in consideration of all of the above
factors and in view of the manner in which the difficulty
arose , the interests of justice will best be served by denying
the variance as applied .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Grigonis , it was
RESOLVED , that the relief as requested under Appeal
Southold Town Board of Appeals -31 - May 28 , 1986 Special Meeting
(Appeal No . 3468 - LONG , decision , continued : )
No . 3468 in the Matter of the Application of ROBERT J . LONG
for approval of insufficient area and lot depth , 'BE AND
HEREBY ' IS DENIED 'WITHOUT PREJUDICE.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . .- This resolution was duly adopted .
NEW,'REVIEW : Appeal No... 3514 = GEORGE P . SCHADE. Variance
for division--of' lots ha_vin_g %n_sufficient ar-e-a......width and depth .
Cedar Avenue, Southold . It was the consensus.-of : the board to
hold this matter temporarily in abeyance pending ap:pl.ication to
the Suffolk County Health -Department for Article V_I- approval (or
waiver )._ by the ap..plication and submission of comments _after-
review by_ the Planning Board.
NEW 'REVIEW 'FOR 'RECONSIDERATI.ON -- Appeal No. 3517 = 'ROSALIE
- - - - -- -- --
GOWEN . In reviewin--g .the. recent request of„ Abigail A. Wickham , Esq .
for reconsideration of prior Appeal No .. 3.4.50, the. board members
indicated that a copy_ o_f an approval (or wal._ver ) 'by the Suffolk
County Department of Health Services i.s:-.necessary prior to -.
advertising this matter for a public hearing.
NEW REVIEW:. Appeal. No .,' 3442 - ,J.O.HN 'J . 'NEW.MAN . In review-
ing the .file,- it was noted that D .E .:C .: approval- and. Trustees
action concerning a second addition-, to the dwelling ,along the
south (easterly )__ end has not been submitted :. Also requested
by the Chairman are the followings
(a ) Temporary stakes to be .placed at each corner of both
proposed addi.ti.ons ; _
(b) Photographs of area between proposed new construction
and seawall Jbul kh'ead ;:
(c) Copy of building-floor .plan of ,covered deck construction
for first and second stories .,
. .` .
'. . ^ .
.
Southold Town Board OfAppeals -32- May 28, l986 Special Meeting
LUT COVERAGE--�P The board members briefly
discussed the UDC0Ver8d lot .9-[qa-5'.Withih a pool 's. fence 8nclp_sq_Te ,
and it was the agreement of the board and Mr. Lessard- that -only `
those areas actually covered by a structUro�` bU�ld� g� i'en� �
e 'eto
n ' ~
shall be included iD determining Dercentage of* l0t CVeragqS
,
�
including any accessory Ury build '- gS and deck `� abo -- D
gr .Und ] e � ] ..O .
decks attached to a dwelling ~
PUBLIC HEARING 3E U On m.0ti0n 'by Mr . GOehri'nger"
S8C0Dd8d � Mbssrs. lGri-' ' i5 and Sawicki, �
� � Ws _
'
RES0LVED , to schedule the Matter of "P.AUL 'LEA'RYJ.FRANK E .
d MA Y BROPHY for public hearing t0 be re
| 98h , and re-Advertis-ed by the Secretary .
Vote of the BOdr/ i Ayes -. M8 .s-r3 .. G08h.ri'Dger, Grig0nis ,
Doyen , Douglass and 3awi.Ck{ ~ _
'
PUBL IC 'HEARINGS. FOR .JUN ] 198 RE.GULAR :
On 00ti0D by Mr , l]0ehrl'Dger � seconded 1by Messrs . GrigODis
and SdNiCki , 'it was.
RESOLVED , that the following matters be and hereby are
also 'SCHEDULED for public hea-.ringS' t0 be held at the June_ ] 9,
1886 Regular Meeting of this Board Co0m8nCfng at7 -3O P .M.
and be it
- - -
FURTHER RESOLVED, that the Z.'B .A~ Clerk /Secretary is
hereby authorized and dfrected to advertfs nz)tic8 of the
f0lloWing hearings f0r publication in th6 L0Dg Island. TraYeler
an-0 Suffolk Times acC0rdin«1y :
'
-
: 3Op .ni. Appeal No . 3489 - PAU L LEARY�
� �
7 �4O ' '.,M' AOO e 61' �N0�'3499 `DAN-IEL AN L ;
'
7 :45 'p .0. App8d-1 NU . 3502 'FOLLARI;--- '
7 : 50 � ,� . A�p8d] NO , 3508 - DAVI
_ �
-- 7i55 p .m. Appeal No . 3515 -' ;
' - - - - - - -
r 1
Southold Town Board of Appeals -33- May 28 , 1986 Special Meeting
(Public Hearing Set-Ups , continued : )
8 :00 p .m. - ALBERT J . BODENSTEIN;
8 :05 p .m. ELEANOR LEONARD
8 : 10 P .M. MARJORIE-T . 'PETRAS1
8 : 15 p .m. = RALPH 'AND LUC-ILL-E STOCKER;
8 :20 p .m. - STEPHEN SHILOW.-ITZ-;_ —
8 :30 p .m'. 'RICHARD AND ".RUTH ZEI:D'LER;_
8 :.40 p .m.. PORT OF 'EGY--.PT 'E.NT�E:RPRLSfS .(Variance ) s
8 :45 p .m. PORT 'O-F "EGY.PT 'E.N-TE:R-PRISES (Spec.- Exception ) ;
8 :55 -p .m. -SAMUEL BAIL-o _--_ __.. - ------
Vote of the Board , Ayesd Messrs . Goehri:nger,. Gri-.goni-s,
Doyen , Douglass and Sawicki... ._. This resolution was d,u7-y _adopted.:
NEW REVIEW: Appeal No . 3496 - FREDERICK KOEHLER , JR .
Variance to construct beach house/cabana structure within 75
of bulkhead . NE/s Old Harbor Road , New Suffolk . It was the
consensus of the board to hold this matter in abeyance before
advertising for a hearing pending receipt of approval from
the Suffolk County Department of Health Services for the
septic and water hook-ups .
NEW REVIEW : Appeal No . 3511 - KAPELL REAL ESTATE , INC .
& ANO . Variance for approval of two parcels having insufficient
area , width and depth . S/s Linnett St and N/s Brown St , Greenport .
The board instructed the Secretary to hold this matter in abeyance
prior to advertising for a public hearing pending receipt of
approval •-(or waiver) from the Suffolk County Health Department
and input from the Planning Board (after compelte application
and appropriate reviews ) .
NEW REVIEW : Appeal No . 3514 - GEORGE P . SCHADE . Variance
for approval of lots having insufficient area , width and depth .
Cedar Avenue , Southold . Board members instructed Secretary not
to set this matter up for a public hearing until approval or
waiver has been received from applicant through the Health
Department and comments/input by the Planning Board after
appropriate reviews have been made .
Southold Town Board of Appeals -34- May 28, 1986 Special Meeting
'APPROVAL OF MINUTES : On motion by Mr . Goehringer, seconded
by Mr . Gr-igonis_, it was
RESOLVED , to approve the Minutes of the Apr,il ' 3,. 1986 Regular
Meeting of this board .
Vote of the Board : Ayes . Messrs , Goehri_nger,. Grigonis ,
Doyen , Douglass and Sawicki . ._. This resolution wa.s d.u7.y _adopted.:
"NEW REVIEW : Appeal No . 3503 - GEORGE D . DAMIEN. Variance
for approval of division of parcel into two lots having insufficient
area ,__ width. and depth . Location : S/s New Suffolk Avenue , E/s Fifth
Street , N/s Jackson Street , New Suffolk . In reviewing the file , it
was requested by the board members that this matter not be scheduled
for a public hearing until approval has been received from the
Suffolk County Department of Health Services (Article VI ) for this
division/development , and app.r.op_riate review (after formal applica-
tion ) by the Planning Board in order that their input may be
received . (Notice of Disapproval did indicate.-Plfanning Board
approval is also required . ) Also .awaited is a division map showing
the proposed division li.ne and setbacks from existing structures .
NEW REVIEW: Appeal No . 3519 = SANDERS AND 'SCHWARTZ .. Vari.ance
for insufficient area and _setbacksof existing structures from.
proposed division line . ROW off .E/s_ Bayview Avenue, Mattitu.ck .
In reviewing the file , it was the consensus of the board members
(Majority) that this matter not be scheduled for a public hearing
until approval or waiver has been received from the Suffolk
County Department of Health Services fo,r this divisi_on ,__ and
appropriate review -of the recent application .-by the Planning
Board in order that their input may_. be received. : The Secretary
indicated that Patricia Moore of Rudolph Bruer ` s. Law Office
would be submitting a revised map deleting the area of the
right-of-way as part of the lot area . . This file wa.s received today.
PENDING MATTERS UPDATE : The following matters were noted
their being a - in - a eyance - pending receipt of the information
previously requested and noted below :
Southold Town Board of Appeals -35- May 28 , 1986 Special Meeting
Other Matters Pendin Public Hearings (**awaiting additional
information as noted} :
(a) Appeal No . 3511 - KAPELL REAL ESTATE/LIMPET . Area ,
width and depth variances . Brown St , Greenport .
**Await .Co . Health approval /waiver by advertising
deadline .
(b ) Appeal No . 3514 - GEORGE P . SCHADE . Area , width and
depth variances . *Await Co . Health Dept . waiver and
P . B . reviews/comments .
(c ) Appeal No . 3487 - CHURCH OF THE OPEN DOOR . Await addi -
ti_onaI input as requested Re : Special Exception on
portion of premises pending subdivision approval by
Planning Board . W/s Bayview Road , Southold .
(d ) Appeal No . 3519 - SANDERS AND SCHWARTZ . Area and
setback variances in this proposed set-off of
undersized parcels . *,*Await Article VI approval or
waiver , and D . E .C . approval . Shore Acres , Mattituck .
(e ) Appeal No . 3503 - GEORGE D. DAMIEN . Area , width and
depth variances . 5th and Main Streets , New Suffolk .
**Await Co . Health approval /waiver and P . O . reviews
after formal application by applicant .
(f) Appeal No . 3428 - BERTHA KURCZEWSKI . Area and width
variances . E/s Depot Lane , Cutchogue . **Await Health
Department Article VI waiver/approval.
(g ) Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Area , width
and depth variances . N/s Pine Tree Road , Cutchogue .
Await Co . Health Art . VI approval /waiver .
(h ) Appeal No . 3496 - FREDERICK KOEHLER , JR. Cabana/beach
house.. structure within 75 ' of water along-Cutchogue
Harbor . N/s Old Harbor Road . **Await Co . Health approval .
(i ) Appeal No , 34$4 - PHILIP AND ELLEN BELLOMO . Addition to
dwelling with insufficient setback from fresh water .
Private .Road�ioif..N/s Soundview Avenue , Southold. **Await DEC .
(j ) ' Appeal No . 3464 - TED DOWD . Variance to construct new
dwelling with ; (1 ) excessive lot coverage , (2 ) insuffi -
cient front yard , (3 ) insufficient sideyard ; (4)
insufficient setback from wetlands . 350 Rabbit La , East
Marion .
' Southold Town Board of Appeals -36- May 28 , 1986 Special Meeting
Other Matters Pendin Public Hearings (**awaiting additional
information as noted g} : [continued]
(k ) Appeal No . 34-78 - BECKY JOHNSTON_. Variance for approval
of access by emergency. vehicles pursuant to NY Town Law
Section 280-a. ROW off N/s Bridge Lane Extension and
Oregon Road , Cutchogue . **Await clarification. of
location/base of rights-of-way for evaluations .
(1 ) Appeal No . 3439 - ARNOLD AND KAREN BLAIR . Variance
for re-division into two 'lots with insufficient area ,
and width at Cedar Lane and Beach Court, East Marion .
Gardiners Bay Estates Lots 151 thru 172 incl . adjoining
roads . **Await ..;PB , Health Dept . Art . VI approvals/input .
[Possible Town Trustees jurisdiction-upland contains
wetland grasses] . [Building envelopes of buildable areas
not shown . ]
(m ) Appeal No . 3445 - JULIUS ZEBROSKI . Variance for approval
of two lots having insufficient area . E/s Waterview
Drive and N/s Bayview Road , Southold . **Await Article VI
approval and copy of C .O . -for existing land and buildings
[previous lot-'line changes and conveyances ?] . PB comments
received .
(n ) Appeal No . 3461 - HELMUT HASS. Variance for approval of
two business lots as proposed with insufficient area and
width . S/s C...R . 48 , Peconic . **Await Co . Health Art . VI .
Planning Board comments received .
(o ) Appeal No . 3462 - HERBERT MANDEL . Variance for approval
of three parcels having insufficient area. N/s Main
Road , East Marion . **Await Co . Health Art . VI and copy
of C .O.
(p ) Appeal No . 3449 - FRANK AND ETHEL BEGORA.' Variance for
approval of` three parcels having insufficient area , depth
and width, N/s Main Road , East . Marion . **Await County
Health Art . VI , corrected maps and P . B . reviews after
submission of maps .
(q ) Appeal No . 3403 - ANNA, LORIA. Variance for approval of
two parcels having insufficient area , width and depth .
W/s First St , and N/s King St , New Suffolk. **Await
Co . Health Art . VI apprl . and approval /waiver .
(r) Appeal No . 3426 - GERALD DOROSKI . Variance for approval
of access (280-a ) .r N/s C . R. 48 , Peconic . **Await
additional information to clarify ROW and P . B . input .
(s ) Appeal No . 3411 . ANDREW FOHRKOLB . Variance to restore
ex_isti.ng build,.ing for habitable use (additional dwelling
unit) . W/s .Lipco Road , Matti.tuck . **Await scaled floor
plans and C .O . or PreCO.
Southold Town Board of Appeals -37- May 28 , 1986 Special Meeting
Other Matters Pending Public Hearings (**awaiting additional
information as noted ) , continued :
(t ) Appeal No . 3299 - DOUGLAS MILLER. Variance to include
wetlands in subdivision which would not result in
insufficient area . Kirkup Lane , Laurel . **Await DEC
and;,Co. Health:.Dep4rtmbnt ...approvals of pending subdivision .
(u ) Appeal No . 3412 - THOMAS CRAMER . Variance to construct
within 75 ' of wetlands . E/s Meadow Lane , Mattituck .
**Await Trustees action/approval . (Health Dept . approval
and.-DEC-waiver :' redeived. )
(v ) Appeal No . 3355 - PAUL & MARIETTA CANALIZO : Variance to
construct with insufficient setback in frontyard and
from wetlands . **Await DEC and wetland setbacks map . - , .
Trustees reviews pending.
(w ) Appeal No . 3214 - HANAUER & BAGLEY . Variance for
approval of two lots having insufficient upland , build-
able area . DEC waiver and Planning Board received .
**Await Co . Health And .. Trustees . Lighthouse Road and
S/s Soundview Avenue , Southold .
(x ) Application for LOIS AND FRANK THORP : E/,s West Lane
and S/s North Lane (private ) , off the E/s Orchard Lane
East Marion . Variance for approval of lots having
insufficient area , width , depth , etc . **Await Notice
of Disapproval after application to Building Department
reissuance of filing fee , postmarked certified.--;mail
receipts , etc .
(y ) Appeal No . 3293 - HAROLD AND JOSEPHINE DENEEN . Variance
for approval of three parcels having insufficient area ,
width and depth . W/s ROW off the S/s Bayview Road (west
of Waterview Drive ) , Southold . 280-a not requested .
**Await Co . Health Art . VI and DEC approvals/action .
(Z ) Appeal No . 3252 - JOHN CHARLES & M. SLEDJESKI . Variance
appealing decision of Planning Board of 4/2/84 that
buildable area in proposed division is less than 80 ,000
sq . ft . (excludes wetland grass areas ) for a one-family
dwelling , and less than 160 ,000 sq . ft . (excludes wetland
grass areas ) for an existing two-dwelling usage.-. .
E/s Narrow River Road and S/s Main Road , Orient .
**Await Co . Health Art . VI and SEQRA.
(aa) Appeal No . 3367 - LOIS AND PATRICIA LESNIKOWSKI . Variance
for approval of ..two parcels. having insufficient area and
width.. S/s. No.rth Drive , _Mattituck . **Await DEC . Build-
ing envelopes and setbacks not' shown since enactment of
Local Law - Wetlands Setbacks .
Southold Town Board of Appeals -38- May 28 , 1986 Special Meeting
Other Matters Pending Public Hearings (**awaiting additional
information as noted ) , continued :
(bb) Appeal No . 3371 - FLORENCE ROLLE . Variance for approval
of two parcels having insufficient area , width and depth.
E/s Ole Jule Lane and N/s Kraus Road , Mattituck . **Await
Article VI application/approval by Co . Health and poss . DEC.
(cc) Appeal ' No . 3342 = 'PHILIP 'R: REINHARDT. Variance for
approval of two parcels having insufficient area and width .
**Recessed from .5/25/83 as requested by attorney for County
Health Department Art . VI approval /clearance (and DEC ) ;
(dd ) Appeal No . 3216 - 'EUGENE 'DAVISON . -Variance to establish
living quarters over stable . **Applicant has requested
postponement until further notice and Planning Board reviews .
S/s Sound Avenue ,...Mattituck .
(ee ) Appeal No . 3191 -- HERBERT MANDEL . Variance to change
lot line and construct garage in front/side yard areas .
E/s Inlet Lane Extension , Greenport . Premises of R . E .
Clempner and Herbert Mandel are contiguous . **Await DEC & PB .
(ff) Appeal No . 3249 -� 'DONALD P . BRICKLEY . Variance for
approval_ of. lots having insufficient area . and width .
S/s Bay Avenue and E/s Broadwater Drive , Cutchogue .
**Await DEC , Art . VI by County Health , and contour maps .
(gg ) Appeal No . 3263 = ROGER MUNZ . Variance for Relief of
Condition No . 7 and the May 27 , 1983 decisions rendered in
Re
Appeals No . 3100 and 3101 .__ ** cesse.d from 9/13/84 as '-
requested by applicant . Requests for status have been
made.: (without response ) . Premises have been sold .
(hh ) Appeal No . 3268 = J : 'KATHERINE TUTHILL . Variance for
approval .-.of parcels having insufficient area , width and
depth in this "C"_. zone . ,*Await_. DEC and Coo Health Art . VI
application/actions . Planning Board recommend.ed. denial 9/84 .
(continued on page 39)
Southold Town Board of Appeals -39- May 28 , 1986 Special Meeting
Other Matters Pending Public Hearings (**awaiting additional
information ) continued :
Appeal No . 3259 - NICHOLAS . ALIANO . Special Exception to
establish and build four two-story motel buildings contain-
ing 10 motel units for transient use , and an office
building of 2 , 500 sq . ft . in area on this 3. 721 -acre
parcel , zoned "B-Light. " S/s Main Road , Greenport (along
the east side of 7-11 ) . ' **Recessed hearing from 8/23/84
awaiting Village of Greenport contracts to which this
plan is contingent upon before approval may be given .
Appeal No . 3298 - PORT 'OF 'EGYPT/C '& L 'REIkLTY . Variance
to construct forty'
-uni.t motel on insufficient buildable
upland of 4 .83 acres and hav_ing insufficient sideyards .
S/s Main-:.Road (prev. Southold Fishing Station/Morris ) ,
Southold .. . **Await corrected s.i.te plans , topographical
survey J ncluding lowest .floor elevations above mea sea
level , 'Suffolk County Health Department approval , N . Y . S .
Department of Environmental Conservation approval , comments
or input after review of the site .plan by the Planning
Board . 10191W';
Appeal No . 2929 - 'SAL 'CAIOLA. Project proposed is ques•-
tionable as to representation . Status/,clarification awaited .
N/s C .R', 48 , Southold .
Appeal No . ' 3183 = MARY N . CODE. Smith Drive , North , Southold .
Proposed res.eparation_. of, .Lots . Await DEC and .Planning Board
applications to be completed .and .filed for input .
Appeal No . 3274 BEST 'SCHM LTTy 'SYVERSON . ' ROW off E/s Camp
Mineola Road along, Great Peconic Bay, Mattituck . **Await
Co . Health , DEC and-Planning Board..before public hearing .
BED 'AND BREAKFAST PROPOSAL - In reviewin a copy of the
draft Local Law pertaining to e and Breakfast tourist homes ) in
the ",A" Residential and Agricultural Zones , etc . ,. today , the board
members i.ndi:cated that they would 1_ike a period of .ti_me to review
and consider additional conditions_ and safeguards. , which should
be incorporated into the Local Law and legislatively adopted ,
particularly for those in_ the "A" Zones . The Secretary was
directed to send a memorandum to- the Chairman of the Code Committee
asking that the public hearing not be held un.t.il the Code Committee
has considered an addendum to. this. loc.a1 - law . . _The board agreed to
prepare its suggestions at our next_._mee-ting.
S A '
Southold Town Board of Appeals -40- May 28 , 1986 Special Meeting
There being no other business properly coming before the
board at this time , the Chairman declared the meeting adjourned .
The meeting was adjourned at 10 :00 o ' clock p .m.
Respectfully submitted ,
Linda F. Kow a l"s ki
Z .B: A.: Clerk
. . . ,. . . . . . . .
approved - J 9J86
REWIVED AND FILED BY
THE�.SOUTHOLD TOWt1 C
DATE G/-2 c HOUR
Town...Clerk, Town �Southold
wa d }V l
F0��o
3outhoBoardf oAppeals
®� MAIN ROAD - STATE: ROAD 25 SOUTHOLD. L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
WAIVER OF NOTICE
OF SPECIAL MEETING
WE, the undersigned, being Members of' the Zoning Board of
. , Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice ' bf_ the time, place and purpose
of the Meeting of the Board of Appeals to be held at the
Southold Town Hall, Main Road•, Southold, New York, .on
Wednesday , May 28 ,- 1986 at 7 : 00 o ' clock p .m. , and do hereby
consent that the same be held on said date for the transaction
of any business which may properly come before said meeting. .
DATED: May 28 , 1986. . ;`
Southold, New York.. Gera d P. Goehri ger, C airman
a
arles Grigoni Jr. , mber
Serge en, T/f Member
I ert J. ugla s ber
1
ose H. ga icki , Member