HomeMy WebLinkAboutZBA-04/16/1986 SPEC Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
SPECIAL MEETING
WEDNESDAY , APRIL 16 , 1986
A Special Meeting of the Southold Town Board of Appeals was
held on Wednesday , April 16 , 1986 at 6 : 45 o ' clock p .m. at the
Southold Town Hall , Main Road , Southold , New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr . , Serge Doyen , Jr. ; Robert J . Dou4lass,-:.0ft,stituting
a majori-ty plus one. rAbsent was : Joseph H. Sawicki . -_ Also present
were : Victor Lessard , Building Department-Executive Administrator
and Linda Kowalski , Board Clerk and Secretary.
The Chairman opened the meeting at 6 :45 o ' clock p .m. and
proceeded with the first matter on the agenda , as follows :,
PENDING DECISION : Appeal No . 3457 :
Application of RALPH AND, LUCILLE STOCKER for permission to
construct new dwelling requiring; Variances to the Zoning Ordinance :
(1 ) Article III , Section 100-31 , Bulk Schedule , for excessive lot
coverage , and (2 ) Article XI , Section 100-119 . 2 for reduction .in
the required setback from bulkhead and tidal waters to less than
75 feet . Location of Property : 1080 Maple Lane (a/k/a 55 Snug
Harbor Road ) , Greenport ; Cleaves Point , Section 3 , Map #4650 ,
Lot 59 ; County Tax Map Parcel No . 1000-35-05-28 .
Following deliberations , the board took the following action :
1 . The premises in question is located along the west side
of Maple Lane and north side of Snug Harbor Road , Greenport , is
identified on the Suffolk County Tax Maps as District 1000 , Section
35 , Block 5 , Lot 28 , and is known and referred to as Subdivision
Lot #59 , Map of Cleaves Point , Section Three filed June 14 , 1966
as File No . 4650 .
'Southold Town Board of Appeals -2- April 16 , 1986 Special Meeting
(Appeal No . 3457 - STOCKER, decision , continued : )
2 . The subject premises consists of a total area of
approximately . 35 of an acre with frontage along Maple Lane of
50 feet , along Snug Harbor Road of 103 . 40 feet , and along Dawn
Lagoon 64 . 45 feet . The premises is a corner lot as defined by
Section 100-13 of the Zoning Code and is vacant .
3. By this application , appellants request permission to
locate a new single-family , 1z-story frame dwelling with attached
garage and attached swimmingpool with deck areas with a setback of
15 ' at its closest point from the existing bulkhead along Dawn
Lagoon , minimum setbacks of 35 ' from each front property line ,
and minimum sideyard of 10. feet along the .northerly property line
and minimum sideyard of 15 feet along the southerly side property
line (along premises now of Wallin ) . Total lot coverage proposed
herein is 29_. 9% of the total lot area , 4043 sq . ft. , and 9 . 9%
in excess of the maximum permitted 20%. The proposed residence
with attached garage , without the deck and pool areas , covers the
lot 18% , as shown by site plan prepared by Garrett A. Strang ,
Architect , January 16 , 1986 .
•4 . Article XI , Section 100-119. 2 , sub-paragraph B requires
all buildings located on lots adjacent to tidal water bodies other
than th_e Long _Island Sound to be set back not less than seventy-five
(75 ) feet from t_he ordinary highwater mark of such tidal water body
or not less than seventy (75 ) feet from the landward edge of the
tidal wetland , whichever is greater . The percentage of a variance
requested_. from this requirement is substantial , being 75% of a
variance .
5 . Article III , Section 100-31 , Bulk Schedule of the Zoning
Code requires a maximum lot coverage for .all structures of twenty
(20 ) percent . The percentage of a variance requested from this
requirement is also substantial , being 50% of a variance .
6 . It is the opinion of the board members that : (a)
the deck areas could be reduced in size to afford the minimal
relief necessary for both variances , particularly the 15 ' area
be_twe.en the rear of the house and the pool .
In considering this appeal , the board finds and determines
that in locating the structures at a distance of not closer than
50 feet at its closest point to the existing bulkhead , and not
exceeding 25% lot coverage : (a ) the variances will be the 'minimun
Southold Town Board of Appeals -3- April 16 , 1986 Special Meeting
(Appeal No . 3457 - STOCKER , decision , continued : )
necessary ; (b) the circumstances are unique ; (c) the practical
difficulty under these circumstances would be sufficient to warrant
the granting of same ; (d ) there will be no substantial change in
the character of the district ; (e ) in consideration of all the
above factors , the interests of justice will best be served by
conditionally permitting a variance , as noted below.
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that Variances for permission to construct new
dwelling with proposed pool and deck areas BE AND HEREBY IS
APPROVED in the Matter of the Application of RALPH AND LUCILLE
STOCKER , under Appeal No. 3457 , SUBJECT TO THE FOLLOWING CONDI-
TIONS :
1 . That there be no construction within 50 feet of the
existing bulkhead ;
2 . ' That the total lot coverage for all structures not
exceed 25% of the total lot area ;
3 . That the sideyards of 10 and 15 feet as shown from
the north and south lines , respect..ively , not be reduced .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Member Sawicki , was absent . ) This resolu-
tion was duly adopted .
1 Y a
Southold Town Board of Appeals -4- April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3450 :.
Application of ROSALIE GOWEN for Variances to the Zoning Ordinance ,
Article III , Section 100-31 , Bulk Schedule , for approval of: (1 ) insuffi -
cient lot area , (2 ) insufficient lot width , (3 ) insufficient lot depth ,
of two parcels as proposed in this pending set-off division of land
located at the corners of Zena Road , Cpt . Kidd Drive and Central Drive ,
Mattituck , NY ; Cpt . Kidd ' s Estates Filed Map #1672 , Lots 134 , 153 ,- 154 ;
County Tax Map Parcel No . 1000- 106-02-32 and 43 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 13 , 1986 ,
in the Matter of the Application of ROSALIE GOWEN under Appeal No . 3450 ,
and A,
WHEREAS , the board members have personally viewed an-d ;are familiar
with the premises in question , its present use and cla.ssifi7cation in the
"A" Residential and Agricultural Zoning Distr ; ct ; and
WHEREAS , the board has considered all testimony and documentation
submitted concerning this application ; and Z
WHEREAS , the board made the following findings of fact :
1 . By this application , appellant requests a Variance from the
provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning
Code for insufficient area , width and depth of two parcels proposed
on this 31 , 740 sq . ft . tract of land , of : (a ) 13 ,824 sq . ft . in
area , 106 . 65 frontage along Zena Road , and .depth of 133 . 59 feet for
proposed Parcel #1 (to the south ) , and (b ) 17 ,916 sq . ft . in
area , 135 . 77 ' frontage along Central Drive and 91 . 67 ' along Zena
Road , and depth of 133 . 59 feet ( Parcel #2 to the north ) .
2 . The premises in question consists of an area of 31 , 740 sq .
ft . with 198 . 23 ' frontage along Zena Road and average lot depth of
107 . 52 feet .
3 . The subject premises also consists of Lots #134 , #154 , and
#153 as shown on a Map of Cpt . Kidd Estates which was filed January 19 ,
1949 ,. prior to the enactment of the zoning code . The northerly half
of the premises is improved with an accessory garage and one-story
single family dwelling set back 35 ' from Zena Road at its nearest
point , 37 ' from Central Drive , and 22 ' from the proposed division line .
Southold Town Board of Appeals -5- April 16 , 1986 Special Meeting
(Appeal No . 3450 - GOWEN.!: (and LaPaugh ) , decision , continued : )
4. For the record , it is noted that a Certificate of Occu-
pancy #Z-5687 for the accessory garage was issued December 10 , 1973
and Certificate of Occupancy #Z-1100 for an easterly 16 ' addition
was issued during June of 1960 . It is the board ' s belief that the
dwelling as constructed over the old subdivision line between Lots
#134 and #154 preexists the enactment of zoning in 1957 .
5 . It is the opinion of the board that this congested area
is a very fragile and environmentally sensitive area , and without
proof as to the availability of a public/community water-supply
system and appropriate approvals from the Suffolk County Department
of Health Services , including but not limited to Article VI , a
variance is not warranted .
6 . It is also the opinion of the board that although the
area consists of lots similar in size , the existing dwellings have
been serviced by a community water system since on or about the
time of their construction .
In considering this appeal , the board finds and determines :
(a ) that the relief requested is substantial in relation to the
zoning requirements , meeting less than 20% of the lot area require-
ment of 80 ,000 sq . ft . ; ( b ) that the circumstances are not unique
except that the subdivision pre-dates the zoning ordinances ; (c )
the granting of the variance would amount to "ad hoc " planning and
create a precedent for the entire town which could well lead to
further substandard parcels and would in turn cause a substantial
effect of increased population density and be adverse to the safety ,
health , welfare , comfort , convenience and order of the town ; (d )
that the practical difficulties shown are not sufficient as applied ;
(e ) that the interests of justice will be served by denying the
variance as applied .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Douglass , it was
RESOLVED , that the relief requested under Appeal No . 3450
in the Matter of the Application of ROSALIE GOWEN for approval
of insufficient area , width and depth , BE AND HEREBY IS DENIED
WITHOUT PREJUDICE , as applied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
and Douglass . (Absent was : Member Sawicki . ) This resolution was
duly adopted .
Southold Town Board of Appeals -6- April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3460 :
Application of MICHAEL J . PERLMUTTER , M . D . for a Variance to the
Zoning Ordinance , Article III , Section 0-30 C) [l ] (a ) for permission
to utilize premises and addition for accessory home occupation use
(physician ' s office ) in excess of maximum-permitted 30% first-floor
area . Location of Property : 2035 Theresa Drive , Mattituck ; Deep
Hole Creek Estates Filed Map 4256 , Lot 59 ; County Tax Map Parcel
No . 1000- 115-16- 15 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 13 ,
1986 , in the Matter of the Application of MICHAEL J . PERLMUTTER , M. D . ;
and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , its present use and occupancy as a
single-family dwelling , and the surrounding area ; and
WHEREAS , the board has considered all testimony and documentation
submitted concerning this application , both in favor and in opposition ;
and
WHEREAS , the board made the following findings of fact :
1 . By this application , appellant requests .a Variance from the
provisions of Article III , Section 100-30 ( C) [1 ] (c ) for permission to
exceed 30% of the area of the main floor of the existing residence
of the applicant for a professional home occupation , to wit : doctor ' s
office .
2 . The property in question is located along the north side of
Theresa Drive , Mattituck and is identified as Subdivision Lot #59 , Map
of Deep Hole Creek Estates , and County Tax Map District 1000 , Section
115 , Block 16 , Lot 15 .
3. The subject premises contains an acreage of . 53 and is
presently improved with a single-family dwelling containing a floor
area of 1 ,470 sq . ft . and an accessory garage structure of a size
22 ' by 22 ' .
4 . Applicant proposes to construct an 22 . 5 ' by 40 ' addition
for the doctor ' s office area , and to continue residing within the
dwelling as exists , for a total floor area of 2 , 370 sq . ft.
5 . The relief requested is a variance of 189 sq . ft . over
the maximum limitation of 30% of 711 sq . ft . for the home occupa-
tion use , for a total of 900 sq . ft . solely for the home occupation .
Southold Town Board of Appeals -7- April 16 , 1986 Special Meeting
(Appeal No . 3460 - PERLMUTTER , continued : )
6 . It is the opinion of the board that the practical
difficulties demonstrated by the appellant is not sufficient
under the circumstances to warrant the granting of the relief
as requested , and that an office area of 711 sq . ft . is permitted
without a variance .
7 . It is also the opinion of the board that alternative
relief is available for the applicant to pursue other than a
variace which would be either to : (a ) reduce the home-occupation
area to 711 sq . ft. , or (b ) increase the floor area of the
dwelling 630 sq . ft . for residential use .
In considering this appeal , the board has also determined :
(a ) that the relief requested is not the minimum_ necessary;
(b) that the residential area would be adversely affected due
to increased traffic conditions ; (c ) that the public health ,
welfare , safety , comfort , convenience and order of the town
will not be served by allowing the variance ; (d ) there is
a method feasible for appellant to pursue other than a variance ;
(e ) the circumstances are not unique ; (f) the spirit and
intent of the zoning ordinance would not be served by granting
same as applied ; and (g ) the interests of justice would best
be served by denying the variance , as applied .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , to deny the application as applied under
Appeal No . 3460 in the Matter of MICHAEL J . PERLMUTTER , M . D .
for a variance in excess of the maximum-permitted 30% main
floor area for home-occupation use .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen , and Grigonis . (Absent was : Joseph H . .Sawicki . ) This
resolution was duly adopted.
k
Southold Town Board of Appeals -8- April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3463 :
Application of EDMUND PRESSLER for a Variance to the Zoning Ordinance ,
Article VII , Section 100-71 , Bulk Schedule , and Article VII , Section 100-
70 (A ) [l ] (d) , for permission to utilize premises of 68 , 192 sq . ft . in area
as a continuing nonconforming two- family dwelling and add two retail
sales/office uses in this "B-l " General Business Zoning District . Location
of Property : North Side of Main Road , Southold , NY ; County Tax Map Parcel
No . 1000-63-3-26 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 13 , 1986 ,
in the Matter of the Application of EDMUND PRESSLER , under Appeal No .
3463 ; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , its present use and classification in the
" B-l " General Business Zoning District ; and
WHEREAS , the board has 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 Variance from Article
VII , Section 100-71 , Bulk Schedule for permission to utilize premises as
a continuing nonconforming two-family dwelling , one retail store use
(antique sales ) and one business-office use within building as exists
in this "B-l " General Business Zoning District .
2 . The premises in question is situate along the north side of
Main Road commencing at a point 329 . 70 feet east of Boisseau Avenue ,
with 95 . 44 ' frontage and average depth of 737 .87 feet , and contains an
areage of 1 . 582 acres .
3. The subject premises is improved with a two-story framed
structure set back 31 ' from its front property line along the Main
Road , 15 ' from the west side line , 16 ' from the east side line , and
with swimming pool in a fence enclosure set back not closer than three
feet from the west side line and 15± feet from the east side line , all
as shown by survey dated August 31 , 1981 prepared by Roderick VanTuyl ,
P . C .
4 . The Building Inspector , by Notice of Disapproval dated
Southold Town Board .of Appeals -9- April 16 , 1986 Special Meeting
(Appeal No . 3463 - EDMUND PRESSLER , decision , continued : )
January 2 , 1986 , disapproved applicant ' s proposal as a shopping
center (more than one business use ) because a two-family use
requires 160 ,000 sq . ft . , one retail business use requires 30 ,000
sq . ft . , and a shopping center (more than one business use ) requires
one acre [see Bulk Schedule and Article VII , Section 100-70 (A) [1 ] (d ) ] .
5 . "Store #1 " is proposed for antique sales and would contain
an area of 1 ,247 sq . ft . , and "Store #2 , " proposed for rental as a
business office use , would contain 630 sq . ft . , both on the first
floor . The west second-floor apartment contains 630 sq . ft . and
east second-floo.r apartment contains 1 ,084 sq . ft .
6 . For the record it is noted that there is a Certificate of
Occupancy of record , No . Z-4897 dated November 7 , 1972 , which indicates
that the use as a nonconforming two-family dwelling , with accessory
doctor ' s office conforms to all the applicable provisions of law . It
is the understanding of this board that the doctor ' s office was a
home occupation use , accessory to the doctor-owner ' s principal
residential use of one of the dwelling units , and not. a separate
principal business use .
7 . It is also noted for the record that a variance was approved
under Appeal No . 1415 on April 15 , 1971 (Genevieve Albertson ) for
permission to set-off this lot from an adjoining lot with existing
dwellings with insufficient frontage (lot width ) along the Main Road .
8 . It is further noted that as of this date the site plan for
this project is pending review and action by the Planning Board , which
by letter dated March 5 , 1986 has indicated that it has no objections
and the parking is suitable as proposed .
9 . After investigation and in considering all the facts concern-
ing the use of this property as proposed and existing uses , the board
agrees the use of this property and existing building , in conjunction
with the existing two family dwelling uses on the second floor , is
warranted for one retail business , additionally ; however , it is the
opinion of the board that the creation of a fourth use , such as the
business-office use proposed herein , would not be within the spirit
of the zoning ordinance and is not compatible with the land use
pattern in this area or within the township .
In considering this appeal , the board finds and determines that
allowance of a third use as an antique shop , and denial of a fourth
use for separate business purposes on this 68 , 912 sq . ft . parcel :
(a ) same is consistent with and will promote the general purposes
Southold Town Board of Appeals -10- April 16 , 1986 Special Meeting
(Appeal No . 3463 - EDMUND PRESSLER ; decision , continued : )
of the zoning code and maps [and the _Master Plan amendments as
proposed] ; (b ) the circumstances are unique ; (c) the antique shop
use will not alter the essential character of the neighborhood;
(d ) the antique shop use will not prevent the orderly and reasonable
use of this district or adjacent use districts ; (e ) the safety ,
health , welfare , comfort , convenience and order of the town will not
be adver..se1y : affected by the proposed business use and its location ;
(f) the interests of justice will be served by allowing the variance
for the antique shop business use requested , in conjunction with the
existing two-family dwelling use , and 'by denying the variance for
a fourth business use , ,as conditionally noted below.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Goehringer , it was
RESOLVED , that a Variance for permission to establish an
antique shop (retail store ) in conjunction with existing noncon-
forming two-family use , BE AND HEREBY IS GRANTED under Appeal
No . 3463 in the Matter, of the Application of EDMUND PRESSLER
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . This variance shall be limited to one retail use plus
the existing nonconforming two-family dwelling use , and does
not permit a fourth business use ;
2 . There shall be no parking in the front areas ;
I. There shall be no reduction of sideyard ( s ) to less than
a§..-exists; : tb..:wit : 15 ' and 16 ' ( see survey dated August 31 , 1961 ) .
4 . Minimum width of egress/ingress to parking area shall be
not less than 12 feet wide .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass . (Member Sawicki was absent . ) This resolution
was duly adopted .
X * �
lk
Southold Town Board of Appeals -11 - April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3421 :
Application of JOSEPH ZIELONKA ( ESTATE OF) for a Variance to the
Zoning Ordinance , Article III , Section 100-30 , and Article XI , Section
100-118 , for permission to utilize premises located in the "A" Residential
and Agricultural Zoning District for two B-Light Business uses in addition
to two dwelling uses . Location of Property : 27475 Main Road , Cutchogue ,
NY ; County Tax Map Parcel No . 1000-102-01 -13 .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held on February 6 , 1986 and March 13 ,
1986 , in the Matter of the Application of the ESTATE OF JOSEPH ZIELONKA
under Appeal No . 3421 ; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , its present use and classification in the
"A" Residential and Agricultural Zoning District , and its previous noncon-
forming use as a retail store ; and
WHEREAS , the board has 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 Variance from Article
III , Section 100-30 (A) and Article XI , Section 100- 118 , for permission to
establish a " B-Light" Business use such as mechanical repairs to outboard
generators , an antique shop (retail sales ) , dental technician ' s labora-
tory , or other business use , within the existing principal building , which
are not permitted uses in this "A" Residential and Agricultural Zoning
District .
2 .. The premises comprises an area of 0 . 115 of an acre (4 ,750± sq .
ft . ) with 50 ' frontage (lot width ) along the north side of the Main
Road , and is identified on the Suffolk County Tax Maps as District 1000 ,
Section 102 , Block 1 , Lot 13 .
3 . The subject premises is improved with the following struc-
tures : (a ) 52 ' x 26 ' principal building and ( b ) 26 ' by 12 ' accessory
building located in the sideyard area . A survey has not been submitted
for the record certifying the exact setbacks of both existing buildings ,
but it appears that all yard setbacks are nonconforming.
4 . Properties to the north , west and east of this parcel are
also zoned "A" Residential and Agricultural as well properties to the
' Southold Town Board of Appeals -12- April 16 , 1986 Special Meeting
(Appeal No . 3421 - ZIELONKA , decision , continued : )
south of the Main Road . A library , church and religious school exist
in the immediate area of this parcel .
5 . Appellant has indicated that the business use proposed by
this application will be conducted only within Building #1 , the main
or principal building , and that the separate accessory building
would be removed if necessary for proper manuevering of vehicles
and sufficient parking areas , inegress and egress . Appellant has
also indicated that it is not their intention to have separate
living quarters in conjunction with the business use .
6 . It is noted that to the board ' s knowledge the premises
has been used as a retail shoe and clothing sales store since prior
to the enactment of zoning in 1957 up until about 1980 . Appellant
has indicated that following Mrs . Madzellan ' s death , the premises
was sold to Joseph Zielonka , who had lived there for about three
years , and subsequently remained vacant .
7 . It is also noted that there is a Certificate of Occupancy
of record , No . Z- 10644 dated August 18 , 1981 for a " . . . nonconforming
store use with habitable space and an accessory building . "
8 . It is the board ' s opinion that reinstatement of the same
retail shoe/clothing store use would be within the interests of
justice and would not adversely affect the safety , health , welfare ,
comfort , convenience and order of the town .
In considering this appeal , the , board finds and determines that
in allowing a retail shoe/clothing store use : (a) same is consistent
with the general purposes and intent of zoning , (b ) the circumstances
are unique ; (c ) the retail clothing/shoe store as previously existed
would not alter the essential character of the neighborhood ; (d )
the use granted herein will not prevent the orderly and reasonable use
of this district or adjacent use districts ; (e ) the interests of
justice will be served by allowing a variance reinstating the previous
use for retail sales of clothing , shoes and related items , and. limiting
the premises to not more than one use due to its size and limited
area for parking , manueverability , etc .
Accordingly , on motion by Mr . Grigonis , seconded by Mr .
Goehringer , it was
RESOLVED , that a Variance for permission to reestablish retail
clothing sales use within the principal building , BE AND HEREBY IS
r GRANTED under Appeal No . 3421 in the Matter of the Application of
the JOSEF ZIELONKA ESTATE , SUBJECT TO THE FOLLOWING CONDITIONS :
Southold Town Board of Appeals -13 April 16 , 1986 Special Meeting
(Appeal No . 3421 - ESTAE OF JOZEF ZIELONKA, decision , continued : )
1 . Subject premises is limited to one business use, to wit: retail sales of
clothing, shoes and related items as previously existed, (or single-family residential
use in accordance with all current zoning, bu_i.lding, energy and other applicable codes,
but not conjunctively);
2. The easterly accessory building shall be removed (to allow for sufficient
access into and parking upon the site) ;
3. All on-site parking and screening shall be as recommended and approved by
the Southold Town Planning Board.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Members
Douglass and Sawicki were absent. ) This resolution was duly adopted.
PENDING DECISION : Appeal No . 3446 :
Application of GREGORY SIMONELLI for a Variance to the Zoning
Ordinance , Article III , Section 00-31 , Bulk Schedule , for approval of
proposed lots having insufficient area and width in this pending divi -
sion of land , located at the East and South Sides of Grand Avenue ,
Mattituck , NY ; County Tax Map Parcel No . 1000-107-02-04 .
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held and concluded on March 13 , 1986 ,
in the Matter of the Application of GREGORY SIMONELLI under App_eal _No .
3466 ; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application_; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , as well as the surrounding area in this
Residential and Agricultural Zoning District ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question has a frontage (lot width ) of 303 . 86
feet along the south (east ) side of Grand Avenue , Mattituck , and is
,identified on the Suffolk County Tax Maps as District 1000 , Section
107 , Block 2 , Lot 4 .
2 . The premises as exists contains a total area of 3. 851 acres ,
Southold Town Board of Appeals -14- April 16 , 1986 Special Meeting
(Appeal No . 3446 - SIMONELLI , decision , continued : )
average depth of 690 . 43 feet, and lot width (frontage ) of 303 . 86 feet .
Existing is a single-family , one-story frame house and attached garage ,
proposed to remain on "Lot #1 . "
3 . By this application , appellant requests approval of insuffi -
cient lot area and width of three proposed parcels : (a ) Lot #1 of
50 , 703 sq . ft . and 150 feet; (b ) Lot #2 of 60 , 228 and 128 . 86 feet ,
inclusive of 25 ' by 538 . 27 ' right-of-way ; (c ) Lot #3 of 56 ,837. sq .
ft . and average lot width of 240 feet [at building .setback line] .
4 . For the record it is noted that a previous application to
this board for approval of insufficient area of lots between 34 ,835
sq . ft . and 82 , 637 sq . ft . under Appeal No . 3356 , which was denied
on July 18 , 1985 .
5 . The board finds that the instant application is more within
the character of those generally existing in the neighborhood and
is substantially less of a variance than previously applied for.
Those generally existing vary in size from the largest at 57 , 500±
sq . ft . to the smallest at 23 ,200± sq . ft .
In considering this appeal , the board finds and determines :
(a ) that the relief requested is not substantial in relation to
the conditions generally existing in the immediate area ; (b ) that
the circumstances are unique ; (c ) 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 ; (d) the information submitted is sufficient
to warrant. a granting of the variance ; (e ) in denying the relief
requested , the interests of justice would not be served .
Accordingly , on motion by Mr. Doyen , seconded by Mr . Grigonis ,
it was
RESOLVED , that the relief as applied under Appeal No . 3446
for approval of insufficient lot area and lot width of: (a ) Lot
No . 1 of 50 ,703 sq . ft . and 150 feet ; (b ) Lot No . 2 of 60 ,228
sq . ft . and 153 . 86 feet , inclusive of 25 ' by 538 . 27 ' right-of-way ,
and (b ) Lot No . 3 of 56 ,837 sq . ft . , as shown on survey amended
November 29 , 1985 by Young & Young , L . S . in the Matter of GREGORY
SIMONELLI , BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING
CONDITIONS :
Southold Town Board of Appeals -16- April 16 , 1986 Special Meeting
(Appeal No . 3452 - FORESTIERI , decision , continued : )
rearyard setback at not closer than 17 ' 6 " from the westerly property
line . The proposed dwelling will be set back not closer than 15
feet from the northerly (side ) -property line . The depth of the
proposed dwelling at the southerly end is 17 ' 6 " and at the northerly
end 22 ' 6 " , more or less .
4. It is the opinion of the board that the appellant has
chosen the most feasible location of the proposed dwelling and
has requested the absolute minimum relief under the circumstances .
The unusual shape and character of this parcel lends to the
practical difficulties in this case , and the board agrees fully
with applicant ' s reasoning .
In considering this appeal , the board finds and determines :
(a ) that the relief requested is the minimum necessary under the
unique circumstances of_ the lot in question ; (b ) that the
granting of 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 ;
(c ) the information submitted is sufficient to warrant a granting
of the variance requested ; (d ) the practical difficulties are
unique ; (e ) in denying the relief requested.; the interests of
justice would not be served ; (f) there is no other method
feasible for appellant to pursue other than a variance .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Douglass , it was
RESOLVED , that the relief requested in the Matter of the
Application of PAUL FORESTIERI under Appeal No . 3452 for
placement of new single-family dwelling_ with an insufficient
frontyard setback at 17 ' 6 " and insufficient rearyard . setback
at 17 ' 6 " , BE AND HEREBY IS GRANTED AS APPLIED; SUBJECT TO
THE FOLLOWING CONDITION :
That there be no further front or rear yard setback reduc-
tions to less than 17 ' 6 " in the future .
Vote of the Board : Ayes : Messrs , Goehringer , Grigonis,
Douglass , and Doyen . (Member Sawi..cki was absent . ) Thi_s'
resolution was duly adopted ..
Southold Town Board of Appeals -15- April 16 , 1986 Special Meeting
(Appeal No . 3446:.- SIM.ONELLI , decision , continued : )
1 . All three lots must conform with the "A-40" Bulk Area
and Parking Schedule Requirements of the Zoning Code ;
2 . There be no further lot area reductions or amendments ;
3 . That 280-a access to Lot No . 3 be approved as recommended
by the Southold Town Planning Board .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
and Doyen . (Members Douglass and Sawicki were absent . ) This
resolution was duly adopted .
�C �C
PENDING DECISION : Appeal No . 3452 :
Application of PAUL FORESTIERI for Variances to the Zoning Ordi -
nance , Article III , Section 1 0-3 , Bulk Schedule for permission to
locate new dwelling with insufficient front and rear yard setbacks .
Location of Property : East End of Soundvi.ew Avenue (South End of
Fasbender Avenue ) , Peconic ; Bailey Park Subdivision , Lots 1 , 2, 3,
4 , 5 ; County Tax Map Parcel No . -10-00-67-06-004 .
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held . and - concluded on March 13, 1986 ,
in the Matter of the- Application of 'PAUL FORESTIERI. -under Appeal_:_ No ._
3452 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record concerning this application ;_ and it is noted
for the record that no public opposition .has been 'received ; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question , as well as the__surroundi.ng area. i_n th-is
Residential and Agric-ultural .Zo.ning Djstrict ; and _
WHEREAS , the board made the following findings of fact :
1 . The property in question is situated along the west side of
Sound View Avenue (a private road ) , in the Hamlet of Peconic,. New Y__ork,
is known and referred to as Lots 1 to 5, i.nclu_sive ,_ Subdivi.sion Map of
Bailey Park ( 1932 ) , and is identifi.ed on the Suffolk County Tax Maps
as .District 1000,. Section 67, :Block 6 , Lot 4.
2 . The premises as exists contains a total area of 13,4'00+ sq .
ft . , road frontage of 295 .8 feet, and depth at the deepest angle (to
the north )_ of 83-. 8 feet . The premises i._s presently v-acant .
3. By this application., appellant requests approval of the
placement of a new single-family dwelling with an insuff.i- cient front-
yard setback at not closer than 17 ' 6 " from the easterl.y property
line along Sound View Avenue (a paper road) and with an insufficient
Southold Town Board of Appeals -17- April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3465 :
Application of 'VELIMIR AND HEDA VRANKOVIC for a Variance to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval
of the construction of second-story deck add-ition with an insufficient
frontyard setback . Location of Property : 1525 Sandy Beach Road (a/k/a
55 Bay Road ) , Greenport , NY ; County Tax_. Map.- Parcel No . 1000-43-04-45 .
Following deliberations , the board took the following action :
WHEREAS , 'a public hearing was held and concluded on March 13 , 1986 ,
in the Matter of the Application of VELIMIR AND HEDA 'VRANKOVIC under.
Appeal No . 3465 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record concerning this application ;__ and it is noted
for the record that no public opposition has been received ; and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , as well-- as the surrounding area in this
Residential and Agricultural Zoning District ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is a five-sided parcel and a corner
lot as defined by Article I , Section 100- 13 of the Zoning Code with
frontages along the west side of Bay Road.. of 100 feet , the north and
east sides of Sandy Beach Road of 122± feet and 34 feet , respectively ,
and is identified on the Suffolk County Tax Maps as District 1000 ,
Section 43 , Block 4 , Lot 45 .
2 . The premises contains an area of approximately 5 ,000
sq . ft . and is improved with a one-story, 952 sq . ft . framed
cottage set back 27 feet from the westerly front property line ,
20 feet from the south front property line , and 37± feet from
the easterly front property line .
3 . By this application , appellant requests approval of
the construction of an 8 ' by 20 ' second-story deck with spiral
staircase which has an insufficient frontyard setback from the
southerly property line at 14± feet as shown on survey map amended
January- 23 , 1986 , prepared by Van Tuyl & Son , L . S .
4 . It is the opinion of the board that the unusual shape
and character of the parcel in question lends itself to the
Southold Town Board of Appeals -18- April 16 , 1986 Special Meeting
(Appeal No . 3465 - VRANKOVIC , decision , continued : )
practical difficulties in this case , and the board agrees with
the reasoning of the appellants .
In considering this appeal , the board finds that determines :
(a ) that the relief requested is minimal under the circumstances ;
(b ) that the character of this residential neighborhood would not
be adversely affected by this granting of this variance ; (c )
that there is no other method for appellant to pursue other than
a variance ; ( d) that the . granting of the variance will not have
an impact on available governmental facilities ; (e ) that the
public health , welfare , safety , comfort, convenience and order of
the town will be served by_ allowing relief; (f) by the granting
of relief a_s conditionall_y noted below, the spirit of the zoning
ordinance and interests o.f justice will be served be served .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Goehringer.,__ 'it was
RESOLVED , that relief be granted as noted below concerning
the Matter of the Application of VELIMIR AND HEDA VRANKOVIC under
Appeal No . 3465 :
1 . That the second-story deck be located no closer than 18
feet to the southwesterly corner ( nearest point ) , without removal
or affecting the location of the spiral staircase as exists ;
2 . That all necessary building permits be obtained .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass . (Member Sawicki was absent . ) This resolu-
tion was duly adopted .
Member -Douglass left at this point in time (conflict of meetings ) .
PENDING DECISION : Appeal No . 3451 :
Application of BEDELL WINERY for a Special Exception to the Zoning
Ordinance , Article III , Section 100-30 ( B) [14] to establish winery use
from grapes grown on the premises , 36225 Main Road , Cutchogue ; County
Tax Map Parcel No . 1000-85-02-10 .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held on March 13th and April 3rd ,
1986 , in the Matter of the Application of BEDELL WINERY under Appeal
No . 3451 ; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application ; and it is noted
for the record that no public opposition has been received; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question , as well as the surrounding area in this
Residential and Agricultural Zoning District ; and
WHEREAS , the board made the following findings of fact :
' Southold Town Board of Appeals -19- April 16 , 1986 Special Meeting
(Appl . No . 3451 - BEDELL WINERY , decision , continued : )
1 . The property in question is located in an "A-80" Residential
and Agricultural Zoning District having frontage of 480 . 73 feet along
the north side of the Main Road ( S . R . 25 ) at Cutchogue , with a total
area of 49 . 427 acres and identified on the Suffolk County Tax Maps as
District 1000 , Section 085 , Block 2 , Parcel 10 .
2 . The subject 49. 427 acres is improved with the following
structures as shown on survey dated January 30 , 1986 prepared by
Roderick VanTuyl , P . C . : (a ) two-story , single-family frame house
set back 16± feet from its front property line along the Main Road ;
(b) agricultural accessory stand set back _20± feet from the front
property line ; (c ) accessory greenhouse structure located in the
rearyard located approximately 21 feet from the rear of the existing
dwelling ; (d ) two accessory shed structures and barn located in
the rearyard area ; and (e ) the subject barn proposed for winery use .
3 . This is an application for a Special Exception for a
winery for the production and retail sale of wine produced from
grapes primarily grown on the vineyard at these premises , as
provided by Article III , Section 100-30 ( B ) [14] of the Zoning Code ,
and to be located within the existing "barn , " consisting of an
area of 7 , 172 sq . ft . , with 104 sq . ft . for office and retail ,
and 7 ,050 for production and storage .
4 . It is the opinion of this board that the use requested
is in accordance with the intent of the Zoning Ordinance , Article
III , Section 100-30 ( B) [14]. and will be limited to the production
and retail sales of wine " . . . produced from grapes primarily grown
on this vineyard on which this winery is to be located . . . " and
does not permit the sale of grapes imported and/or processed , or
wine , from other than the vineyard in question .
In considering this application , the board determines :
(1 ) the use will not prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use districts ;
(2 ) the safety , health , welfare , comfort , convenience and order
of the town will not be adversely affected by the proposed use and
its location ; (3 ) 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 . Grigonis , seconded by
Mr . Goehringer , it was
-J RESOLVED , that a Special Exception for the production and
retail sale of wine in the subject winery barn structure located
'Southold Town Board of Appeals -20- April 16 , 1986 Special Meeting
(Appl . No . 3451 - BEDELL , decision , continued : )
at the subject vineyard known as " Bedell Winery" BE AND HEREBY
IS APPROVED as applied under File 'No . '3451 in the Matter of the
Application of JOHN AND SUSAN BEDELL/BEDELL WINERY , SUBJECT TO
THE FOLLOWING CONDITIONS :
1 . Production of wine and storage are limited to the
area as requested of 7 ,050 sq . ft . ;
2 . No sales of items other than wine exclusively processed
and produced on the premises (no gift shops, e.tc . ) ; _
3 . Any modification of plan granted hereunder or expansion
of use will require additio_nal.. approval by this board (Article
III , Section 100-30 ( B) [14] ) and subject to site plan approval from
the Southold _Town Planning Board in accordance with Article XIII .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
and Doyen . (Members Douglass and Sawicki were absent from vote . )
This resolution was duly adopted.
Appeal No . 3447 - PUDGE CORP . . No deliberations or decision
was .made pending further reviews .
Southold Town Board of Appeals -21 - April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3455 :
Application of KATHL-EEN- VARANO for a Variance to the Zoning
Ordinance , Article XII , Section -121 (D ) [11 for a clarification
and/or correction of the interpretation of Building Inspector , of
Condition in Appeal No . 3330 ' rendered by the Board of Appeals May 2 ,
1985 which allows no sleeping or living quarters in the accessory
garage/apartment structure . Location of Property : . 6600 (or 6750 )
Indian Neck Road , Peconic , NY ; County Tax Map Parcel No . 1000-86-
07-004 .
Following deliberations., the board took the following action :
WHEREAS , application under Appeal No . 3455 , a request for an
interpretation clarifying or correcting the interpretation of the
Building Inspector dated December 2 , 1985 has been duly filed on
January 17 , 1986 ; and
WHEREAS , said application requests : (a ) an interpretation
of Condition in Zoning Board of Appeals Decision in Appeal No . 3330
and Building Inspector ' s interpretation dated December 2 , 1985 ,
which states ,
" . . . That Lot #3 shall be restricted to one-family
use only,_ with no additional sleeping or living
quarte_r.s in any accessory buildings (except as may
be allowed by legislative action in amending the
current zoning code ) . . . "
9
OR , in the alternative , (b) if the Zoning Board of Appeals decides
the Building Inspector ' s interpretation is correct , then to amend
the condition contained in Appeal No . 3330 to allow a continued use
of the preexisting two bedrooms for sleeping facilities contained
in the garage/apartment as an accessory use to the principal dwell -
ing on the premises ; and
WHEREAS, this board deemed it appropriate that the appeal for
the interpretation be considered by this board firstly and that the
alternative relief await this action of this board for the appeal
of the interpretation ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , as well as the surrounding
.area in this Residential and Agricultural Zoning District ; and
WHEREAS, after due notice , a public hearing was held by the
Board of Appeals on the Interpretation Request (a ) , supra , and
Southold Town Board of Appeals -22- April 16 , 1986 Special Meeting
(Appeal No . 3455 - VARANO , decision continued : )
concluded on March 13 , 1986 at the Southold Town Hall , Main Road ,
Southold , New York; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , all testimony and written documentation have been
carefully considered ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located in the "A-80 " Resi -
dential and Agricultural Zoning District ;
2 . Article III , Sections 100-30 and 100-31 , Bulk Schedule ,
of the Zoning Code , permit one-family detached dwellings , not to
exceed one dwelling on each lot , and does not permit sleeping or
living quarters in an accessory structure in this zoning district ;
2 . Article III , Section 100-31 , Bulk Schedule , requires a
minimum of 80 ,000 sq . ft . for a lot , and a Variance was granted
under Appeal No . 3330 concerning the subject premises from the
lot area requirement to allow 76 , 300 sq . ft . for Lot #3 in this
pending minor subdivision proposal .
4. Existing upon the subject premises is a single-family
frame house , and the subject accessory structure which is depicted
as "garage-apt" on survey amended September 6 , 1984 ;
5 . In paragraph numbered "7" of the board ' s decision and
findings rendered May 2 , 1985 under Appeal No . 3330 of which this
interpretation is made , it was noted that " . . . it is the understanding
of the board that the property has always been used for single-family
purposes and therefore does not recognize the accessory structure
as a "garage-apartment . "
6 . It is the position of this board that the since the
use of the subject accessory building (depicted "garage/apartment" )
was questionable by the Board of Appeals during 1985 when they
rendered a decision under Appeal No . 3330 , the subject accessory
building as an apartment or sleeping quarters use may not have
been legally established and continuously used as such from prior
to the enactment of zoning in 1957 up until the time of the
board ' s decision , and therefore requires additional relief by
the Board of Appeals for consideration by formal application ,
public hearing , et cetera.
NOW, THEREFORE , on motion by Mr . Grigonis , seconded by
Mr . Goehringer , it was
Southold Town Board of Appeals -23- April 16 , 1986 Special Meeting
(Appeal No . 3455 - VARANO, decision continued : )
RESOLVED, that it is hereby determined that the December 2 ,
1985 letter of the Building Inspector is correct and that the
May 2 , 1985 Condition -Rendered in the Decision under Appeal
No . 3330 shall be interpreted as not allowing any sleeping or
living quarters in any accessory building , existing or
proposed .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis
and Doyen . (Members Sawicki and Dou,glass were absent . ) This
resolution was duly adopted .
PENDING DECISION : Appeal No . 3456 :
Application of RICHARD AND ANITA WILTON for a Variance to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for
approval of proposed lots having insufficient area , width and/or
depth in this pending division of land , located at the East Side
of Queens Street , Greenport , NY ; County Tax Map Parcel No . 1000-
40-3-6 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and.--concluded on March 13 ,
1986 in the Matter of the Application of RICHARD AND ANITA WILTON
under Appeal No . 3456 ; and
WHEREAS , the board has considered all testimony and documenta-
tion entered into the record concerning this application ; and,
WHEREAS , the board made the following findings of fact :
1 . The property in question has a frontage (lot width ) of
332 . 92 feet along the east side of Queens Street , Greenport , and
is identified on the Suffolk County Tax Maps as District 1000 ,
Section 40 , Block 3 , Lot 6 .
2 . The premises as exists contains a total area of 1 .8471
acres , and it is indicated on survey updated December 10 , 1985 ,
that premises was of recent date improved with four structures :
( a) frame building set back 47 . 2 feet from Queen Street at its
cloest point , (b ) accessory shed structure situated north of the
framed building in ".(a ) " , supra , (c ) two frame accessory build-
ings encroaching over the front property line along Queen Street ,
which are to be removed or have , as of the date hereof , been
removed .
3 . By this application , appellant requests spproval of
Southold Town Board of Appeals -24- April. 16 , 1986 Special Meeting
(Appeal No . 3456 - WILTON , decision , continued : )
insufficient area and depth of .two proposed parcels : (a ) Lot. #1 of
40 ,000 sq . ft. in area and average depth of 218 . 63 feet , (b) Lot
#2 of 40 ,460 sq . ft . in area and average depth of 197 . 24 feet .
4 . For the record , it is noted that the prior nonconforming
use of this premises as a preexisting nonfarm labbr. . camp has been
termined for a number of years , and that the parcel will be used
for such single-family purposes as permitted by the current zoning
regulations in this _"'A-40" Resident-ial and Agricultural Zoning
District .
5 . The board finds that the relief requested is not
unreasonable . The parcels generally _exi_stin.g along the east side
of Queens� Street to the _north of _this parcel are. substantially
smaller than that proposed by this application .
In considering this appeal , the board finds and determines :
(a ) that the relief requested is not substantial in relation to
the conditions generally existing in the immediate area ; (b ) that
the circumstances are_. ._unique ; (c ) 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 ; (d ) the information submitted is sufficient
to warrant .a granting of the variance ; (e ) in denying the relief
requested , th,e interests of justice would not be served .
Accordingly , on motion by Mr. Goehringer , seconded by Mr . Grig-
onis , it was
RESOLVED , that the relief as - appl.,i.ed in the Application of
RICHARD 'AN_D 'ANITA 'WI.LTON under Appeal No . 3456 for approval of
insufficient lot area and lot depth of: (a ) Lot No . 1 of 40 ,000
(continued on page 25 )
Southold Town Board of Appeals -25- April 16 , 1986 Special Meeting
(Appeal No . 3456 - WILTON , decision , continued : )
sq . ft . and average depth of 218 . 63 feet , and (b) Lot No . 2 of
40 ,460 sq . ft. and average depth of 197 . 24 feet , as shown on
survey updated - December . 10 , . 1985 by Young & Young , P . S . , BE
AND HEREBY IS 'GRANTED SUBJECT 'TO 'THE 'FOLLOWING CONDITIONS
1 . Large frame building , if not demolished , must be brought
up to -current- standards for a principal single-family dwelling
structure , in conformance with all health , building , sanitary
and building codes ;
2 . " Framed shack" structure may remain if used only as
an accessory structure incidental to residential use of thb..
premises ;
3. Approvals for city/public .:.water and sewer on Lot #1 ;
4 . Approval for city/public water on Lot #2 ;
5 . Previous nonconforming use as a .nonfarm labor camp
shall remain terminated , not to be reestablished .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen and
Grigonis . (Members Sawicki and Douglass were absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals -26- April 16 , 1986 Special Meeting
PENDING DECISION : Appeal No . 3482 :
Application of JERRY SHULMAN for a Special Exception to the Zoning
Ordinance , Article IX, Section 100-80 for permission to change use of a
portion of existing building to building-material storage , in conjunction
with existing agricultural storage and agricultural office , at premises
referred to as 11950 Sound Avenue , Mattituck , NY ; County Tax Map Parcel
No . 1000- 141 -03-41 .
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 JERRY SHULMAN under Appeal No . 3482 ;
and
WHEREAS , the board members have personally viewed and are familiar
with the premises in question , its present use as an agricultural storage
building with agricultural office , and its surrounding area ; and
WHEREAS , the board has considered all testimony and documentation
submitted concerning this application ; and it is noted for the record that
no public opposition has- been received ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is identified on the Suffolk County
Tax Maps as District 1000 , Section 141 , Block 03 , Lot 41 , consists of a
total area of 10 ,688 sq . ft . with approximately 200 ' frontage along the
south side of Sound Avenue (a/k/a Old North Road ) , Mattituck , New York ;
and is located in the "C-Light Industrial " Zoning District .
2 . By this application , appellant requests a Special Exception
to the Zoning Ordinance , Article VIII , Section 100-80 (B ) [3] for
permission to convert part of existing potato-storage building for
warehousing of building materials and office incidental thereto , and
limited to the most westerly structures depicted "frame building" and
"block and frame building-28 ' by 45 '" as shown on survey mapped
May 23 , 1964 by Alden W. Young . No outside storage of any materials
is proposed by this application .
3 . The subject premises is presently improved with the follow-
ing structures , as shown by survey amended May 23 , 1964 submitted
with this application : (a ) substantial frame storage building ,
partly encroaching along the front property li.ne at its northeasterly
corner , and (b ) frame building situate at the northwesterly corner
1 '
Southold Town Board of Appeals -27- April 16 , 1986 Special Meeting
(Appeal No . 3482 - JERRY SHULMAN decision , continued : )
set back 3. 5 ' - at its nearest point from the front property line along
the south side of Sound Avenue .
4 . For the record , it is noted that there is a prior appeal
of record under Appeal No . 813 rendered November 10 , 1965 to erect
an addition to a nonconforming building to house trucks and loading
and unloading of potatoes .
5 . It is also noted for the record that the Southold Town
Board by resolution adopted March 11 , 1986 determined that the change
of use as proposed herein is consistent with the uses in the
proposed " B-1 General Business " zoning District prepared by Raymond ,
Parish , Pine & Weiner .
In considering this application , the board has determined :
(1 ) the uses proposed will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts ,
(2 ) the uses will not prevent the orderly and reasonable use of
permitted or legally established uses in this district , or of
permitted or legally established uses in adjacent use districts ;
(3 ) the safety , health , welfare , comfort , convenience , or order of
the town will not be adversely affected by the proposed use and its
location ; (4) the use will be in harmony with. and promote the
general purposes and intent of the zoning ordinance . The board has
also considered items (a ) through ( 1 ) of Article XII , Section 100-
121 (C ) [21 of the zoning code .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Goehringer , it was
RESOLVED , that the Application in the Matter of JERRY SHULMAN
for a Special Exception as applied under File No . 3482 , for permission
to convert part of existing storage building for warehousing of
building materials and office area incidental thereto , in conjunction
with present potato-storage use , BE AND HEREBY IS APPROVED SUBJECT TO
THE FOLLOWING CONDITIONS :
1 . Storage of building materials and office space incidental
therewith shall be limited to the westerly buildings , as applied ;
2 . Parking shall be on- site to the best of the users '
abilities (3 spaces suggested as a minimum) .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen and
Grigonis . (Members Douglass and Sawicki were absent . )
This resolution was duly adopted .
Southold Town Board of Appeals -28- Ap.ri1, .16 ,, 1986 Special Meeting
Discussion : Hedges , Maintenance . Section 100-119. 1 .
The board members concurred with the Chairman (per letter
dated April 9 , 1986 ) that Section 100-119. 1 of the Zoning Code
concerning. " Fences , Walls and Hedges " is to mean that all hedges
and live plantings once_ planted must be maintained at all times
at the proper maximum height restrictions in Subsections A , B
and C , Article XI , Section 100-119. 1 (regardless of whether
they were planted before 19.57 ) .._
"Dis:cussion : Affordable Housing Proposal
The board members agreed to submit the following recommendations
to the Town Board which addresses not only those project with public
water 'suppl'y -arid 'sewer systems , but also those project without these
systems :
Minimum
Requirements Single-Family Two-Family Multiple-Family
With Both public or central
water and sewer systems :
Minimum Lot Area (Sq . ft . ) 15 ,000 30 ,000 60 ,000
Minimum Lot Width 100 10.0 100
Minimum Lot Depth 125 125 125
With Public or Central
Water.- System Only :
Minimum Lot Area (Sq . ft . ) . 20 ,000 40 ,000 80 ,000
Minimum Lot Width 1,00 100 100
Minimum Lot Depth 125 .125 125
Without Public . or Central
Water and Sewer Systems :._
Minimum Lot Area (Sq . ft . ) 30 ,000 60 ,000 120 ,000
Minimum -Lot Width _ 100 100 100
Minimum Lot Depth 125 125 125
The above recommendations were sent pursuant to the request of the
Supervisor received April 2 , 1986 , and copy of the Affordable Housing
Local Law Draft of 4/4/86 .
Southold Town Board of Appeals_. -29- April 16 , 1986 Special Meeting
Pending Decision ; Appeal No . 3453 - SAMUEL AND ELIZA KOPPER.
The board decided to review this file additionally . ..A decision
and deliberations will be rendered on May 1 , 1986 .
PUBLIC HEARINGS 'FOR MAY '1 ; 1'986 : On motion by Mr . Goehringer ,
seconded,. by Mr. Sa_wi cki , i t._ was
RESOLVED, that the Secretary be and hereby is authorized and
directed to advertise Notice of the following
_matters for Public
Hearings to be held at the next Regul a_r Meeting of this Bo_ard.., to
wit : THURSDAY ; MAY 1 , 1986 at the Southold Town Hall , Main Road ,
Southold , New York :
7 : 35 p .m, Appeal No . 3399 - C . BRUCE AND ANNE STAIGER;
7 :40 p .m. Appeal No . 3396 - GARY DOROSKI , pool within 75 '
of wetlands .
7 :45 p .m. Appeal No . 3479 - JOHN P . SGOUROS , subject to
receiving an opinion _from the Town Attorney concerning the intent
of Local Law #10-1983.
7 : 50 p .m. Appeal No . 3480 - VINCENT AND JOANN CASA;
7 : 55 p .m. Appea-1 No . 3486 - ROBERT JOHNSEN , subject to
receiving Planning Board input by advertising deadline .
8 :00 p-.m. Appeal No . 3490 - HARRY AND SANDRA HURLBURT;
8 : 05 p .m. Appeal No . 3494 - PORT OF EGYPT ENTERPRISES.
8 : 10 p .m. Appeal No . 3468 - ROBERT J . LONG , subject to
receiving Planning Board input by advertising deadline .
8 : 15 p .m. Appeal No . 3471 - NICHOLAS TSIRKAS . (To be
reconvened as recessed on April 3rd.
8 : 20 p .m. Appeal No . 3489 - PAUL LEARY/FRANK BROPHY"'
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
and Doyen . (Members Douglass and Sawicki were absent . )
I
1 r• '
Southold Town Board of Appeals -30- April 16 , 1986 Special Meeting
Other Reviews : The board members reviewed each of the
following matters , awai.tiing'. public hearings , etc . :
Appeal No . 3503 - GEORGE D: 'DAMIEN ;
Appeal No . 3428 = 'BERTHVKURCZEWSKI .
Appeal No . 3502 = GREGORIO FOLLARI ;
Appeal No. ' 3499 = 'DANIEL 'AND L' ISA JEROME :
Appeal No . 3487 = 'CHURCH OF 'THE OPEN DOOR . Held in abeyance
pending subdivision and site p .an application reviews and submis-
sion of comments by Planning Board upon receipt of formal applica-
tions .
Appeal No . 3495 - JOSEPH AND GLORIA SHIRVELL . Await Article VI
Health Department approval ..
Appeal No , 3378 - BECKY JOHNSTON . Await requested information .
Appeal No . 3441 - JOHN J . NEWMAN .
Appeal No . 3485 - JOSEPH G . PACELLI .
Appeal No . 3424 - ELEANOR LEONARD.
Appeal No . 3433 - DESSIMOZ AND RACZ.
Appeals No . 3484 and 3483 - PHILIP AND ELLEN BELLOMO., Await DEC
and wetland grass maps . before advertising .
There be.i.ng no other bu.siness properly coming ,before the board
at this time , the Chairman, declared. th_e meeting adjourned. The
meeting was adjourned at 9 :45 o ' clock p .m.
1
Respectfully submitted ,
Linda F. Kowalski
Z . B. A. Clerk
i 2—&
_ l
/pproved - er d P . oehri nger, Chairman DECEIVED AND FILED B.�
6'jl 9/8 6 THE SOUTHOLD TOW14 CLERK
DATE 4/a o� - FOUR l o : /s-,4,r1
r
1
Town Clerk, Town of Southold
i
O
ry
d
13outhold Town. Board ®f Appe'ads
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 of 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 , APRIL 16:, 1986 at 6 :45 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: , April 16•, 1986 . ,
Southold, -New York. Ger rd P. Goehri ger, airman
Charles Grigoni , Jr. Member
e
Serge J. en, J . , ber
ert J. lass , emb
osep H. Sawi i , Member