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HomeMy WebLinkAboutZBA-04/03/1986 K FULA- 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 MINUTES THURSDAY , APRIL 3, 1986 SOUTHOLD TOWN BOARD OF APPEALS A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY , APRIL 3, 1986, at 7:30 o' clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. , Serge Doyen, Jr. , Robert J. Douglass and Joseph H.. Sawicki, con- stituting the Board of Appeals. Also present were: Linda Kowalski, Board Clerk and Secretary, and approximately 30 persons in the audience at the commencement of the meeting. The Chairman opened the meeting at 7:35 p.m. and proceeded with the first public hearing on the agenda, as follows: 7:35 p.m. Appeal No. 3396 - GARY DOROSKI. Proposed pool with decks and fence enclosure within 75' of wetlands. 425 Monsell Lane, Norwald Subdivision at Cutchogue. The Chairman.read the legal notice of hearing and appeal application for the record. Mr. Doroski was present.. (See verbatim transcript prepared under separate cover and - filed simultaneously herewith at the Town Clerk' s Office. ) The hearing was held and recessed pending receipt of an engineer' s report and exact height and location of the proposed wall along the pool location. e r � Southold Town Board of Appeals -2- April 3, 1986 Regular Meeting (Public Hearings, continued: ) 7 : 50 p.m. Appeal No. 3482 - JERRY SHULMAN. Public hearing was held and concluded, pending deliberations and decision at a future date. 7 :56 p.m. Appeal No. 3473 - JOSEPH A. CASSIDY , JR. Public hearing was held and concluded, pending deliberations and decision at a future date. 8 :00 p.m.. Appeal No. 3451 - BEDELL WINERY. Public hearing was reconvened (frrom. 3/13/86) and concluded tonight, pending deliberations and decision at a future date. 8:05 p.m. Appeal No. 3476 - ROBERT AND CHARLOTTE WISSMAN. Public hear- ing was held and concluded, pending deliberations and decision at a future date. 8:20 p.m. Appeal No. 3481 - PORT OF EGYPT ENTERPRISES. Public hearing was held and concluded, pending deliberations and decision at a future date. 8:30 p.m. Appeal No. 3472 - MICHAEL HERBERT. Public hearing was held and concluded, pending deliberations and decision at a future date. 8 :55 p.m. Appeal No. 3418 - GRETCHEN HEIGL. Public hearing was held and recessed until May 22,1986. Charles Cuddy, Esq. appeared in behalf of the Fultzes, property owners along the east side; Michael Hall, Esq. spoke in behalf of the applicants. A KATHERINE HEINS. Public hearing was51ffAnd recessed until7MayI22,A 9186 as requested by Anthony Tohill, Esq. , attorney for the applicants. 9 :38 p.m. Appeal No. 3488 - WILLIAM KREITSEK. Public hearing was held and concluded, pending deliberations and decision at a future date. 9 : 50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS. Public hearing was held and recessed until May 1, 1986 pending receipt of engineer' s report from Howard Pachman, Esq. , attorney for the applicant. 10:25 p.m. Appeal No. 3469 - WARREN AND MARY BRADY. Public hearing was held and concluded, pending deliberations and decision at a future date. r1 Southold Town Board of Appeals -3- Apri:_1 3, 1986 Regular Meeting * * * PUBLIC HEARINGS for May 1, 1986 Regular Meeting. On motion by Member Douglass, seconded by Chairman Goehringer, it was RESOLVED, to authorize and direct the ZBA Clerk, Linda Kowalski, to publish notice of the following matters in the L.I. Traveler-Watchman and the Suffolk Times for public hearings to be held THURSDAY , MAY 1, 1986: 7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER. 7 :40 p.m. Appeal No. 3396 - GARY DOROSKI. 7:45 p.m. Appeal No. 3479 - JOHN P. SGOUROS. *see below. 7 :50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA. 7 :55 p.m. Appeal No. 3486 - ROBERT JOHNSEN. (If PB 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. (If PB by advertising deadline) 8 :15 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (recessed from 4/3/86) 8 :20 p.m. Appeal No. 3489 - PAUL LEARY/FRANK AND MARY BROPHY. * * * *Appeal No. 3479 - JOHN P. SGOUROS. In .reviewing the file, it was noted that the premises in question .received Planning Board approval 9/61 in the Major Sub- division of Stars Manor. The board members unanimously felt that it should not be necessary for the lot owners in this subdivision toreturn for town approvals, particularly in light of the intent of Local Law #10-1983 which exempted lots on maps approved by the Planning Board prior to May 1983. The secretary/board clerk was asked to write the Town Attorney for his opinion in this regard prior to advertising notice of this public hearing. Southold Town Board of Appeals -4- Ap_r•-ill 3, 1986 Regular Meeting BUILDING INSPECTOR' S REQUEST FOR INTERPRETATION: HEDGES. After discussing the March 18, 1986 written request from V. Lessard, Executive Administrator of the Building Department, concerning clarification of Section 100-119.1 of the Zoning Code, "Fences, Walls and Hedges," it was the unanimous consensus of the board members 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, 100-119.1. The Chairman was authorized to reply advising Mr. Lessard of the above. TENTATIVE HEARINGS FOR MAY 22, 1986: The following new files were reviewed and tentatively scheduled for public hearings to be Yield on May 22, 1986, except as noted below: Appeal No. 3493 - WELLS PONTIAC. Appeal No. 3491 - DONALD J. GRIM, subject to receiving Planning Board input by the advertising deadline. (Expected by 5/5) Appeal No. 3492 - JOYCE TESE. Appeal No. 3505 - RALPH AND LUCILLE STOCKER. Appeal No. 3065 - JOHN M. KERBS, subject to receiving Planning Board input by advertising deadline (expected by 5/5) Appeal No. 3477 - WILLIAM AND KATHERINE HEINS. (Recessed from 4/3 as requested) Appeal No. 3418 - GRETCHEN HEIGL. (Recessed from 4/3) Appeal No. 3497 - MARJORIE D. PETRAS. Appeal No. 3500 - NORMAN REICH. Appeal No. 3496 - FREDERICK KOEHLER, subject to receiving approval from the Suffolk County Department of Health Services for water and sewer hook-ups, before advertising deadline. Appeal No. 3498,- GREENPORT NY CONGREGATION JEHOVAH WITNESSES, sub- ject to receiving Planning Board input by advertising deadline (expected by 5/5) . Appeal No. 3504 - GREENPORT HOUSING ALLIANCE. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEIN, subject to receiving Planning Board input by advertising deadline (expected by 5/5) . Southold-Town Board of Appeals -5- April 3, 1986 Regular.Meeting (May 22, 1986 Public Hearings, continued: ) Appeal No. 3483 - PHILIP AND ELLEN BELL.ONIO. Accessory garage in frontyard. Appeal No. - DAVID MOORE, subject to .receiving complete application and filing fee within 48 hours and accurate sketch. Appeal No. - NICK THEOPHILOS. Subject to receiving accurate sketch and up-to-date survey. Appeal No. 3506 - ARMANDO CAPPA/PORT OF EGYPT ENTERPRISES. Appeal No. 3424 - ELEANOR LEONARD. Subject to receiving DEC and Co. Health by advertising deadline. OTHER MATTERS TENTATIVELY FOR JUNE PUBLIC HEARINGS, except as noted: Appeal No. 3503 - GEORGE D. DAMIEN. Appeal No. 3428 - BERTHA KURCZEWSKI, subject to receiving Health Department Article VI approval or waiver"by advertising deadline. Appeal No. 3502 - GREGORIO FOLLARI. Appeal No. 3499 - DANIEL AND LISA JEROME. OTHER MATTERS HELD IN ABEYANCE pending additional information as noted: Appeal No. 3487 - CHURCH OF THE OPEN DOOR. Await formal application for site plan .review by Planning Board and finalization of subdivision which is pending at the present time. Chairman was authorized and directed to send correspondence to Paul Cam.initi, Esq. advising him of the status of this matter. Appeal No. 3495 - JOHN AND GLORIA.SHIRVELL. Await County Health Article VI approval to be applied for by applicant. Lots proposed are more than 50% of a variance from the two-acre(80,000 sq. .ft.) zoning requirement. Appeal No. 3378 - BECKY JOHNSTON. Letter from Michael Hall, Esq. , attorney for the applicant requesting the board to approve use of right-of-way. Chairman Goehringer was authorized and directed to .reply to Mr. Hall advising him that this board does not have authority to grant use of a right-of-way but rather has authority to require such improvements of a right-of-way pursuant to New York Town Law, Section 280-a that the applicant claims he has a legal right to use. It was the opinion of the board-Ahat this matter be held in abeyance pending further information as to the position of the .right-of-way in order that a proper, thorough.inspection with recommendations could be made. The northerly portion' s location is questionable by applicant at this time. 1 ' Southold Town Board of Appeals -6- April 3, 1986 Regular Meeting OTHER MATTERS held in abeyance (continued) : Appeal No. 3464 - TED DOWD. Await Town Trustees' action after DEIS, etc. prior to scheduling for ZBA public hearing. Appeal No. 3458 - NORTH ROAD ASSOCIATES. Await further instructions from applicant and input from. Planning Board upon .receiving Town Attorney' s opinion. Appeal No. 3485 - MR. AND MRS. JOSEPH G . PACELLI. Await County Health Department approval or waiver and Planning Board input (expected -by 5/5 advertising deadline for 5/22 public hearing) . ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. G.rigonis, it was RESOLVED, to declare the following Environmental Declarations indicating the following projects not to have an adverse affect upon the environment, in accordance with Part 617of the implementing regulations of the N.Y.S. Envi- ronmental Quality Review Act (SEQRA) and Code 44-4 of the Town of Southold: Appeal No. 3469 - WARREN AND 1ViARY BRADY. (continued on page 7) Southold Town Board of Appeals -7- April 3 , 1986 Regular Meeting ( Environmental Declarations , c.ontinued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3469 PROJECT NAME: WARREN AND MARY BRADY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. ! t This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated- below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to locate accessory barn structure in the frontyard area . LOCATION OF PROJECT: Town of Southold Co nt of offfolk, more particularly known as: 3500 .Private Road Y13 (Wesyt of �uth Road , Sunset Knolls Subdivision ), MattitUck , NY ; 1000-105=01 -005 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2 ) Location of proposed access.o_r_y-_b_ar.n...-s_tructure i s 1 a-ndward of existing dwelling and other structure (s ) ; (3 ) Location of proposed accessory barn structure is at elevations ._10 or more feet above mean sea level . • t Southold Town Board of Appeals -8- April 3 , 1986 Regular Meeting ( Environmental Declarations , continued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3473 PROJECT NAME: JOSEPH CASSIDY , JR . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated, below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of ,58 ,484 sq . ft . parcel set off from north parcel of 55 ,831 sq .. ft . 12/29/83.. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West Side of Reydon Drive_ , Southold; 1000-79-05-23. 1 and 22 . 1 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (-Z) The premises in question i s-l-o-ca-t-e-d more than 300 feet from tidal wetlands or other critical environmental area , and is at an elevation of 10 or more feet above mean sea level . (3 ) Th-e relief requested is not directly related to new construction at this time . T Southold Town Board of Appeals -Q- April 3 , 1986 Regular Meeting ( Environmental Declarations , continued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3396 PROJECT NAME: GARY DOROSKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated- below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ) DESCRIPTION OF ACTION: Variance to locate proposed pool with decks and fence enclosure within 75 ' of wetlands . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 425 Monsell Lane , Cutchogue ; Norwaldd Subdivision Map 1275 , Lots 31 -35 Incl . ; 1000-97-08-27 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; T2-) Location of new constructiorr--i-s---land ard' of 10 ' elevation contour; no disturbance of land will occur seaward of the 10 ' contour; (3 ) N-. Y . S . Department of Environmental Conservation has waived their jurisdiction by letter dated February 13 , 1986 . t Southold Town Board of Appeals -10- April 3 , 1986 Regular Meeting ( Environmental Declarations , c.ontinued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3472 PROJECT NAME: MICHAEL HERBERT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated, below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [, X) Unlisted [ ) DESCRIPTION OF ACTION: Variance to establish "Bed and Breakfast" use (owner-occupied building other than a hotel where lodging and breakfast is provide-d for not more than nine persons ) . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Pike Street_, Mattituck ; 1000-140-2-23 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2 ) The relief requested is not ffr il"ted- to new construction and is a use variance '. (3 ) Th.e property is located more than 300 feet from tidal wetlands or other critical environmental area . Southold Town Board of Appeals -11- April 3 , 1986 Regular Meeting ( Environmental Declarations , c.ontinued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3488 PROJECT NAME: - MR . AND MRS : WILLIAM KREITSEK This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated- below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [. ';] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to place tennis court an'd gazebo on vacant lot adjacent and. accessory to residence lot . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South Side of Sound_ view Avenue , Southold ; 1000-59-7-27 . 1 (accessory to Lot 27 . 2 ) . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2-y Location of proposed structure-s--i--s- at an elevation of 10 or more feet above mean sea level . Southold Town Board of Appeals .12- April 3 , 1986 Regular Meeting ( Environmental Declarations , continued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3481 PROJECT NAME: PORT OF EGYPT ENTERPRISES, INC . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated- below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [: A Type II [X ] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to install /relocate marine fuel storage tanks in this " C-Light" Industrial Zone . LOCATION OF PROJECT: Town of Southold, County of Suff lk, more particularly known as: South Side of Main Road , Southold, Y ; 1000-56-6-3. 2 , 3 . 3 , 4 , 6 , 6 . 1 . - REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2 ) Location of tank structures­is-subjeict to approvals by the Suffolk County Health Department and N . Y . S. Department of Environmental Conservation , for which this declaration is condi - tioned upon. • r Southold Town Board of Appeals -13- April 3 , 1986 Regular Meeting ( Environmental Declarations , continued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3482 PROJECT NAME: JERRY SHULMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated- below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [_'J Type II V1 Unlisted [ J DESCRIPTION OF ACTION: Special - Exception to change use of a por- tion of existing building to building-material storage , in conjunctio"n ' with existing a.gricu:ltural storage and agricultural .office . LOCATION OF PROJECT: Town .of Southold, County of Suffolk, more particularly known as: "C-Light" Industrial Zone ; South Side of Sound Avenue (#11950 ) Mattituck , NY ;- 1000-141 -03-41 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2 ) The relief requested is not­4"d_Tafed­to new construction but rather a modification of present uses . (3 ) Th"e property is located more than 300 feet from tidal wetlands or other critical environmental area. Southold Town Board of Appeals _14- April 3 , 1986 Regular Meeting ( Environmental Declarations , c.ontinued : ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3476 PROJECT NAME: ROBERT AND CHARLOTTE WISSMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ .'] Type II EX ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to seek relief from conditions placed by Appeal #2006 dated 2/27/75 to allow single-family dwelling on lot of insufficient area , width and depth . LOCATION OF PROJECT: Town of Southold, County of ,Suffolk more particularly known as: 715 Gull Pond Lane , Greenport ; Map of Claire. Brody and Others , grandfathered 9/13/80 , -Appeals #1954 , 2005-2007 inc.l . , located along Fordham Canal shoreline . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2 ) January 6 , 1984 Health Depa'r ffibll - approval was received under Permit #14-SO-01 for necessary sanitary and _.water-wel.l systems . (3 ) The relief requested is not directly related to new construction at this time . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . "This resolution was duly adopted . r Southold Town Board of Appeals -15- April 3 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3432 : Application of JOHN AND JOYCE HOLZAPFEL for a Variance from the Conditions rendered under Appeal No . 2784 dated 10/15/81 (and 688 dated 7/9/64 ) and/or to waive the improvements required under Appeal No . 2784 concerning Private Road #10 known as "Old Woods Road" located at the east side of South Harbor Road , Southold , NY ; iden- tified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 1 , Lot 23 . 1 , and approving access pursuant to New York Town Law , Section 280-a , from the east side of South Harbor Road to the premises in question , identified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 1 , Lot 23 . 8 . Following deliberations , the board took the following action : WHEREAS , public hearings were held on January 9 , 1986 , February 6 , 1986 and March 13 , 1986 , at which time the hearing was concluded , in the Matter of the Application of JOHN AND JOYCE HOLZAPFEL under Appeal No . 3432 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been submitted for the record a petition in support of the application by seven property owners in the immediate area ; and that there has been no public opposition entered into the record concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The property to which appellant is requesting approval of access to is located in an "A-80" Residential and Agricultural Zoning District known and identified on the Suffolk County Tax Maps as District 1000 , Section 87 , Block 1 , Lot 23 . 8 , containing a total area of 2 . 709 acres , and located along the north side of the private right-of-way in question , known and referred to as "Old Woods Road , " or Private Road #10 . 2 . The right-of-way in question extends from the east side of South Harbor Road , Southold , in an easterly/southeasterly direc- tion a distance of 600± feet to the premises of the applicants . Southold Town Board of Appeals 16- April 3 , 1986 Regular Meeting (Appeal No . 3432 - HOLZAPFEL decision , continued : ) The width of the traveled portions of the right-of-way is eight feet for the first 170 feet ; the southerly side is heavily wooded with trees close to the southerly edge , allowing an upper clear- ance of 11 feet ; and along the northerly side are old logs used as a curb to protect the existing fence (along property presently of Olenick , 1000-87-01 -001 ) . The remaining width widens out to a minimum of 12 feet and is compacted dirt . 3 . Although the traveled portion of the right-of-way is in better condition than as existed in 1981 , when a conditional variance was granted on October 15 , 1981 under Appeal No . 2784 (Robert T. Bayley) , it is the opinion of this board that some improvements are necessary to provide suitable access required by New York Town Law , Section 280-a , for emergency and other vehicles (as noted below ) . 4 . For the record , it is also noted that there is a prior variance of record under Appeal No . 688 granted July 9 , 1964 . 5 . It is also noted for the record that this 280-a variance with conditions is not to be recognized as approval of access for any other lots which may subject to 280-a updated approval in the future , or any future set-off divisions or subdivisions , unless so recommended in writing by the Building Inspector and filed with the Office of the Board of Appeals . In considering this appeal , the board determines : (a ) the relief requested is not substantial in relation to the requirements ; (b ) there will be no substantial change in the character of this district ; (c ) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties ; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , and the new circumstances , justice will best be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , that relief be and hereby is granted in the Matter of the Application of JOHN AND JOYCE HOLZAPFEL for approval of access as required by New York Town Law , Section 280-a , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That there be a minimum open and unobstructed access Southold Town Board of Appeals -17- April 3 , 1986 Regular Meeting (Appeal No . 3432 - HOLZAPFEL decision , continued : ) width of 10 feet to be paved with two inches [2 "] of compacted stone blend , and potholes filled , for the first 170± feet ; and 2 . That there be a minimum open and unobstructed access width of 12 feet to be paved with two inches [2" ] of compacted stone blend , and potholes filled , for the remaining length , to the premises of the applicants herein . 3. That a written request to the Office of the Board of Appeals be furnished upon completion of the above conditions as to acceptance of the improvements in accordance herewith'. Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen , Grigonis and Sawicki . This resolution was duly adopted . PENDING DECISION : Appeal No . 3470 : . . Applicat'i6n of ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance , Article III , Section 00-3 Bulk Schedule for permission to construct addition of 190± sq . ft.. in area which will exceed the maximum-permitted lot coverage requirement of 20%. Location of Property : 17195 Main Street (a/k/a 720 Second Street ) , New Suffolk , NY ; County Tax Map Parcel No . 1000-117-08- 13 . 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 ATHANAS AND RUTH ZAMPHIROFF under Appeal No . 3470 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the 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 117 , Block 08 , Lot 13 , consisting of a total area of 12 ,300 sq . ft . , more or less with 128 . 40 feet along the north side of Main Street and 95 . 80 feet along the east side of Second Street, New Suffolk , New York . 2 . By this application appellants request ; a Variance from Southold Town Board of Appeals -18-April 3 , 1986 Regular Meeting (Appeal No . 3470 - ZAMPHIROFF decision , continued :) the provisions of Article III , Section 100-31 , Bulk Schedule , for permission to construct an additional 190 feet (maximum) for a staircase to a proposed second-story bedroom and deck along the south side of an existing one-story , single-family bungalow , to be set back no closer than 12 ' 8" from its front property line along Main Street , and as shown by sketch submitted with this application and Notice of Disapproval dated February 6 , 1986 . 3. The Notice of Disapproval dated February 6 , 1986 indicates that the proposed addition " . . . increases lot coverage to 2835 . 66 sq . ft . Present lot coverage is 2649 sq . ft . . . 20% lot coverage allows 2467 . 82 sq . ft. . . . " 4 . The subject premises is presently improved with four existing single-family , one-story frame bungalows with porch areas as shown by copy of survey dated December 10 , 1965 . 5. It is 'noted for the record that a building permit and certificate of occupancy #9018 was issued on May 17 , 1978 , and a prior approval by the Board of Appeals under Appeal #2345 rendered October 31 , 1977 for the existing porch addition of the bungalow in question . 6 . It is also noted for the record that there is a prior approval of record under Appeal No . 540 rendered January 31 , 1963 (Walty ) for addition and insufficient setback as noted therein . In considering this appeal , the board finds and determines : (a ) that the relief as granted is not substantial in relation to the requirements ; (b) that the circumstances are unique ; (c ) that the public health , welfare , safety , order and convenience of the town will best be served by allowing the variance as amended by this board; (d) that by allowing . the relief requested , a substantial change would not be created in the character of this neighborhood ; (e ) that the spirit of the zoning ordinance and interests of justice will best be served by allowing the variance as applied . Accordingly , on motion by Mr. Grigonis , seconded by Mr . Goehringer , it was RESOLVED, to approve the relief requested for an additional �- 190 sq . ft . maximum for a staircase to proposed second-story Southold Town Board of Appeals -19- April 3 , 1986 Regular Meeting (Appeal No . 3470 - ZAMPHIROFF decision , continued) : bedroom and deck area as applied under Appeal No . 3470 in the Matter of the Application of ATHANAS AND RUTH ZAMPHIROFF, SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the addition not exceed 190 sq . ft . in area , and 2 . That the second-story balcony/deck area not exceed 10 ' by 15 ' as proposed . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . PENDING DECISION : Appeal No . 3459 : Application of 125-127 MAIN ST . CORP . (MILLS & CO . ) for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 ( B ) for permission to utilize premises and construct addition for the manu- facture of sails , canvas products and related items , and office and 1 storage area incidental thereto , in this "C-Light" Industrial Zoning ' District . Location of Property : 74100 Main Road , Greenport , NY ; County Tax Map Parcel No . 1000-45-06-006 . 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 125- 127 MAIN ST . CORP . (MILLS & CO . ) under Appeal No . 3459 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the 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 45 , Block 6 , Lot 006 , consists of an area of 1 . 966 acres with 140 ' frontage along the south side of the Main Road , Greenport , and is zoned "C-Light" Industrial . 2 . By this application , applicant requests a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 ( B ) for permis- sion to establish use of premises for the following various uses as noted by applicant ' s letter, of March 12 , 1986 : (a ) manufacture of ..S'o'uthold Town Board of Appeals -2o- April 3 , 1986 Regular Meeting (Appeal No . 3459 _ MILLS & - CO decision , continued : ) sails and canvas products , 16 ,400± sq . ft . in area ; (b ) office space , 2 , 500 sq . ft . , more or less , (c ) trade display area , 450 sq . ft . , ( d) restrooms , utilities and storage areas , 1 , 100± sq . ft . , all as more particularly shown by floor and site plans submitted under this application . 3. The subject premises is presently improved with the follow- ing structures : (a ) 50 ' by 40± ' one-story building set back 39 feet from its front property line along the Main Road and nine feet at its closest point from the easterly property line ; (b ) 100 ' by 70± ' one-story building set back 115± feet from its front property line and 10 ' at its closest point from the easterly side property line . 4 . New construction is proposed as follows : (a ) 50± ' by 50 ' one-story addition connecting the two existing buildings and maintaining the established 10 ' sideyard setback , and (b) 85 ' by 100 ' one-story addition at the rear .of the most southerly building also maintaining the established minimum setback at 10 ' , ( see site plan of January 23 , 1986 prepared by Alfred K. Barteld , R. A. ) 5 . For the record , it is noted that there is a Certificate of Occupancy dated August 11 , 1966 , No . Z2505 issued to Andrew J . Campbell for occupancy as a "business building - public garage . " 6 . To the best of this board ' s knowledge , this property has been used for many years as a new and used car sales dealership with office use incidental thereto . 7 . By letter dated February 11 , 1986 , the Southold Town Planning Board has not commented on the site plan layout , parking , etc . ; however , does agree with the use of manufacture of canvas products . * 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 -dis- tricts , (2 ) that 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 ) that the safety , health , welfare , comfort , convenience , or order of the town will not be adversely affected by the proposed use and- its location , (4 ) that the use will be in harmony with and promote the general purposes and intent of the zoning ordinance . The board also has considered items (a ) through ( 1 ) of Article XII , Section 100- 121 [C] (2 ) of the zoning code . , Southold Town Board of Appeals -21- April 3 , 1986 Regular Meeting (Appeal No . 3459 - MILLS & CO . decision , continued : ) Accordingly , on motion by Mr . Douglass , seconded by Messrs . Grigonis and Sawicki , it was RESOLVED , the the Application in the Matter of 125-127 Main St . Corp . /Mills & Co . for a Special Exception as applied under No . 3459 , BE AND HEREBY IS APPROVED for the uses as noted , supra , and SUBJECT TO THE FOLLOWING CONDITIONS : *1 . Any alteration of the plans under consideration herein or requested uses will require reapplication to the Zoning Board of Appeals and Planning Board for the necessary Special Exception and site plan amendments , etc . 2 . There be no backing out onto the Main Road at any time . 3. Final site and parking approval by the Southold Town Planning Board in accordance with Article XIII . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . * * * APPEAL NO. 3467 - BARBARA D. SCHRIEVER. Request to rehear prior Appeal No. was placed on the agenda for consideration. The board members advised the Secretary/Board Clerk that since no one wished to offer a motion to rehear same under the circumstances, that the'request of)ithe attorneys (Charles Cuddy and Abigail Wickham) for a rehearing is in effect denied. ZONING BOARD MEMBER.'REAPPOINTMENT: Motion was made by Mr. Grigonis, seconded by Members Doyen and Sawicki, to recommend and fully support the reappointment of Member Douglass, and that the Board Clerk is hereby authorized and directed to submit same in writing to the Town Board at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Sawicki. (Member Douglass abstained . ) This .resolution was duly adopted. _, ll:05 p.m. Member Sawicki left. Southold Town Board of Appeals -22- April 3 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3475 : Application of JOSEPH H . SAWICKI , JR. for a Variance for approval of access over a private right-of-way located off the South Side of Old North Road , Southold , NY ; premises presently of Schaefer and iden- tified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 2 , Lot 4. 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 JOSEPH H . SAWICKI , JR. under Appeal No . 3475 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the , surrounding area ; and WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no public opposition ; and WHEREAS , the board made the following findings of fact : 1 . The property to which appellant is requesting approval of access to is located in an "A-40 " Residential and Agricultural Zoning District and is a part of premises presently of Helen R. Schaefer as described by deed at Liber 8307 cp 456 dated September 7 , 1977 of 1 . 750 acres , known and identified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 2 , Lot 4 . 2 . The right-of-way in question is situate along the south side of Old North Road , Southold , and extends in a southerly direc- tion of 330 feet , more or less (175 ' and 155 ' lengths ) to the premises under contract with the applicant having a width of 128 . 02 feet and area of 40 ,000 sq . ft. as shown on survey dated January 21 , 1986 prepared by Roderick VanTuyl , P . C . and the subject of a prior variance under Appeal No . 2359 dated November 3 , 1977 . 3. The first 40 feet is part of the driveway to the house on the first lot (presently of John Schaefer ) , 10 feet , more or less in width , and in good condition . The next 157 feet is a continuation of access to the house and garage on the second lot (presently of Helen Schaefer ) eight feet in width. and consisting of 1 - inch , more or less , of asphalt mix with stone chips on a stable base . The top Southold Town Board of Appeals -23- April 3 , 1986 Regular Meeting (Appeal No . 3475 - SAWICKI , decision , continued : ) section is in fair condition . 4. After inspection and reinspection , it is the opinion of the board members that improvements are necessary to provide suit- able access as required by New York Town Law , Section 280-a , for emergency and other vehicles (as noted below) . In considering this appeal , the board agrees with the reasoning of appellant since : (a ) the relief requested is not substantial ; (b ) there will be no substantial change in the character of this district ; (c ) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties ; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , justice will be served by allowing the variance , conditionally as noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr. Doyen , it was RESOLVED , that the relief requested under Appeal No . 3475 in the Matter of the Application of JOSEPH H . SAWICKI , JR. for approval of access as required by New York Town Law , Section 280-a , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access with within the legal right-of-way of 12 feet ; and 2 . The right-of-way shall have an improved width of 10 feet and commencing at a point approximately 175 feet in length (extend- ing from the south side of the Old North Road ) shall be improved as follows : (a ) Excavate eight inches [8" ] deep ; (b ) Replace with eight inches [8 "] bank run (with 20% stone blend content ) ; (c) Place a top course of two inches [2 "] compacted stone blend. 3 . This 280-a variance with conditions may be recognized as approval of access under the requirements of New York Town Law for the northerly lot (presently of Helen Schaefer ) , but is not to be recognized as approval of access for any other lots which may be established in any future set-off divisions or subdivisions , unless so recommended in writing by the Building Inspector and filed with the Office of the Board of Appeals . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Grigonis . (Member Sawicki was absent during this action . ) This resolution was duly adopted . Southold Town Board of Appeals -24- April 3, 1986 Regular Meeting APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. G.rigonis, it was RESOLVED, to approve the following Minutes .of Meetings of this Board: MARCH 10, 1986 Special Meeting; FEBRUARY 14, 1986 Special Meeting; JANUARY 21, 1986 Special Meeting; JANUARY 9, 1986 Regular Meeting. Vote of the Board: Ayes: Messrs. 'Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent. ) This resolution was duly adopted. The meeting was adjourned at 11:30 o clock p.m. Respectfully submitted, 21n�da F. Kowa ski, Secretary/Boa.rd Clerk Southold Town.Board of Appeals ,Approved - 5/28/ 6 Gerard P. Gbehringer 7/ hairman OUT'-'CLD TOV,r,1 DATE Town Clerk, Town of UCutll