HomeMy WebLinkAboutZBA-01/09/1986 z
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N'.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M T N U. T E S
JOSEPH H. SAWICKI REGULAR MEETING
THURSDAY , JANUARY 9 , 1986
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday , January 9 , 1986 at 7 : 30 o ' clock p .m . at the
Southold Town Hall , Main Road , Southold , New York. 11971 .
Present were : Gerard P. Goehringer , Chairman ; Serge Doyen ,
Jr . , Member , Robert J . Douglass , Member , constituting a quorum
of the board members . Absent were : Charles Grigonis , Jr . and
Joseph H . Sawicki , Members . Also present:. were : Victor Lessard ,
Building-Department Administrator , Linda F. Ko.walski , Secretary
and Board Clerk , Councilman George Penny , and 'approximately 35
'persons in the audience at the beginning of the meeting .
The Chairman opened the meeting at 7 : 30 p .m. and proceeded
with Items I (a ) through (g ) of the agen'da , as follows :
ENVIRONMENTAL DECLARATIONS : On motion by Mr . Goehringer ,
seconded by Mr . Doyen , it was
RESOLVED, to declare the following Environmental Declarations
indicating a negative adverse effect to the environment for each
project listed below and in accordance with Part 617 of the imple-
me.nting regulations. pertaining to Article 8 of the N . Y . S . Environ-
mental Quality Review Act of the Environmental Conservation Law ,
and- Local Law adopted July 25 , 1978 , Chapter 44 of the Code of the
Town of Southold :
(a ) Appeal No . 3406. - RICHARD L . DUCHANO/WEST DUBLIN CO .
Southold Town Board of Appeals -2- January 9, 1986 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :; 3406
PROJECT NAME: RICHARD 'L . DUCHANO/WEST DUBLIN REALTY LTD .
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: Lot-line variance resulting in
insufficient area , width and depth of parcel (s ) in this pending
set-off division of land .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: S/s Champlin Place and N/s Bridge Street ,
Greenport , NY ; 1000-34-3-53, 37 ( 53 . 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) The premises in question is to be serviced by t.he .Village
of Greenport for public water and sewer utilities .
(3 ) The relief requested is not directly related to new
construction .
Southold Town Board of Appeals -3- ' January 9, 1986 Regular Meeting
(Environmental Declarations , - continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Si nificance
APPEAL NO. :; 3437
PROJECT NAME: FRANK E . and MARY BROPHY
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: For rescission of previously-i.ssued
variance and removing deck granted thereunder (Appeal No . 2922 , of
12/17/81 ) to reestablish conformity as to its frontyard setback as existed .
LOCATION OF PROJECT: Town of Southold, Count of Suffolk, more
particularly known as: 75 Second ' Street , New Suffolk , NY ;
1000-117-10-20 . 7 .
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 directly related to new con-
struction but rather the permanent removal of a deck constructed
pursuant to Appeal No .. 2922 of 12/17/81 . 11
(3 ) - The project in question is landward of existing structures
from Great Peconic Bay .
t
Southold Town Board of Appeals -4- January 9, 1986 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3429
PROJECT NAME: McCULLOUGH and BERKOSKI
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 permit insufficient depth
of 223 feet of parcel (s ) in this pending three-lot minor subdivision .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: East Side of Cox Lane , at intersection
with S/s Oregon Road , Cutchogue ; 1000-83-03-003 .
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 directly related to. new
construction .
(3) The premises in question is not located near wetlands or
other critical environmental area .
Southold Town Board of Appeals -5- . January 9 , 1986 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3435 (SE)
PROJECT NAME: NORTH FORK COUNTRY CLUB
This notice is issued 'pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Special Exception to reestablish and
rebuild country club ( including restaurant , bar , pro shop , sales and
various support rooms , locker rooms , lounges , etc . )
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: E/s Moore ' s Lane and S/s Main Road ,
Cutchogue , NY ; 1000-109-4-1 , 3 , 4 , and 7 .
r
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 uses under consideration are not directly related to
elements of new construction and will required approvals by the
Suffolk County Health Department for changes or increase in septic systems
and wells .
Southold Town Board of Appeals -6- January 9, 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :- 3434 (V )
PROJECT NAME: NORTH FORK COUNTRY CLUB
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE. OF ACTION: [XI Type II [ J Unlisted [ J
DESCRIPTION OF ACTION: Variance to : (a ) Art. III , 100-30B (6 ) [a]
to establish and continue existing & new parking areas within 100 ' of
street line; (b) Art. XI, 100-112(A) to vary number of parking spaces.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: S/s Main Road and E/s Moore ' s Lane , Cutchogue ,
NY ; 1000-109-4-1 , 3 ,4 , 7 .
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) Relief requested is a setback variance and parking variance
not directly related to new building construction .
(3 ) Areas under consideration are not within 300 feet of tidal
wetlands or other critical environmental area .
Southold Town Board of Appeals -7- January 9, 1986 Regular Meeting
( Environmental Declarations , continued : )
1
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3436
PROJECT NAME: CHARLES AND SYLVIA WILD
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 insufficient setback
from northwesterly property line for proposed addition of 9 ' by 6 ' 8" .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 250 Lake .Court , S.outhold , _.NY ; 1000-50-05-006 .
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) Proposed addition is landward of existing structure/dwelling .
Southold Town Board of Appeals -8- January 9 , 1986 Regular Meeting
( Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Douglass and
Doyen . (Members Sawicki and Grigonis were absent . ) This resolu-
tion was duly adopted .
Commencing at 7 : 47 , the following public hearings were held :
7 :47 p .m. Appeal No . 3406 - RICHARD L . DUCHANO/WEST DUBLIN
REALTY LTD. (See pp . 1 -5 verbatim transcript prepared under
separate cover , simultaneously filed with the Town Clerk herewith . )
8 :00 p .m. Appeal No . 3437 - FRANK AND MARY BROPHY (See pp . 6-
16 verbatim transcript prepared under separate cover , simultaneously
filed with the Town Clerk herewith . )
8 :40 p .m. Appeal No . 3432 - JOHN AND JOYCE HOLZAPFEL (See
pp . 17-19 verbatim transcript prepared under separate cover ,
simultaneously filed with the Town Clerk . )
8 : 50 p .m . Appeal No . 3429 - H . NORMAN McCULLOUGH III and
ANTONE BERKOSKI ( See pp . 19-20 verbatim transcript prepared
under separate cover , simultaneously filed with the Town Clerk . )
8 : 55 p .m. Appeal No . 3434 - NORTH FORK COUNTRY CLUB and
Appeal No . 3435 - NORTH FORK COUNTRY CLUB , jointly . (See
pp . 20-22 verbatim transcript prepared under separate cover ,
simultaneously filed with the Town Clerk . )
9 : 03 p .m. Appeal No . 3382 - MATTITUCK HARBOR ASSOCIATES and
BAY VIEW VENTURES (See pp . 23-25 verbatim transcript prepared
under separate cover , simultaneously filed with the Town Clerk . )
9 : 15 p .m. Appeal No . 3436 - CHARLES AND SYLVIA WILD .
(See pp . 25-26 verbatim ..tr. anscript::pr. epared under separate
cover , simultaneously filed with the Town Clerk . )
9 : 24 p .m.. Appeal No . 3354 - LONG ISLAND SHORES . (See p . 27
verbatim transcript prepared under separate cover , simultane-
ously filed with the Town Clerk . )
Southold Town Board of Appeals -9- January 9 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3423 :
Application, of EDWARD AND NORMA. 'BURTON , 12960 Main Road , East Marion ,
NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 ,
for permission to locate accessory storage shed in an area other than the
required rearyard at premises known as 12960 Main Road , East Marion , NY ;
County Tax Map District 1000 ; Section 21 , Block 14 , Lot 10 .
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held and concluded on December 12 ,
1985 , concerning the Matter of the Application of EDWARD AND NORMA
BURTON under Appeal No . 3423 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record concerning this application ; . and it is noted
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 its surrounding area ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is located along the south side of
Main Road (S . R . 25 ) , Hamlet of Orient , in an "A" Residential and
Agricultural Zoning District , contains an area of approximately
7500 sq . ft . with 36 ' frontage along the Main Road and average
lot width at the building setback line at 55 feet , and is identified
on the Suffolk County Tax Maps as District 1000 , Section 31 , Block
14 , Lot 10 .
2 . Existing upon the subject premises is a single-family
two-story dwelling structure having a livable area of 777 sq . ft .
3 . By this application , appellants request permission to
locate a private 8 ' by 12 ' accessory wooden storage building in
the front and/or side yard area to be situated not closer than
100 feet from the front property line and not closer than five
feet to the westerly side property line .
4 . It is the opinion of the board that the nonconforming
narrowness of this parcel .lends to the difficulties in locating
the accessory building in the rearyard , as well as the necessity of
a variance under the requirements of Article XI , Section 100-119 . 2
Southold Town Board of Appeals -10-. January 9, 1986 Regular Meeting
(Appeal No . 3423 - EDWARD AND NORMA BURTON , decision , continued : )
concerning setbacks from wetlands or waterways .
In considering this appeal , the board agrees with the reason-
ing 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 , as conditionally noted below .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Doyen , it was
RESOLVED, to GRANT the relief requested under Appeal No . 3423
in the Matter of the Application of EDWARD AND NORMA BURTON for
permission to locate a private 8 ' by 12 ' accessory storage building
in the front/side yard area , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . This accessory building shall not be used for habitable
or sleeping purposes ' at any time ( storage only ) ;
2 . This accessory building shall be placed lengthwise
(12 ' deep , 8 ' wide ) ;
3 . This accessory building shall be no closer than 100 feet
to. the road (front property line ) ;
4 . This accessory building shall be no closer than five feet
to the west side property line .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen and
Douglass . (Members Grigonis and Sawicki were absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals -11 - January 9 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3425 :
Application of HOWARD AND BARBARA DILLINGHAM , P . O . Box 488 , Southold ,
NY for a Variance to the Zoning Ordinance , AFt-1cle III , Section 100-31 ,
Bulk Schedule , for approval of the construction of greenhouse addition
with an insufficient setback from the south (easterly) side line at not
less than 16 feet , and with insufficient total sideyards at not less
than 30 . 5 feet , at premises known as 1900 Aldrich Lane , Laurel , NY ; Laurel
Estates East , Filed Subdivision Map 7880 , Lot 9 ; County Tax Map District
1000 , Section 125 , Block 1 , Lot 2 . 018 .
Following,ldeliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on December 12 ,
1985 , concerning the Matter of the Application of HOWARD AND BARBARA
DILLINGHAM under Appeal No . 3425 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record concerning this application ; and it is noted
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 its surrounding area ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is situated along the east side of
Aldrich Lane , Laurel , is known and referred to as Lot #9 of Laurel
Estates East Subdivision Map No . 7870 , is located in the "A-40 "
Residential and Agricultural Zoning District , and is identified on
the Suffolk County Tax Maps as District 1000 , Section 125 , Block 1 ,
Lot 2 . 018 .
2 . Existing upon the premises in question is a new single-family
dwelling with garage (to be attached to principal structure with a
deck ) , and the subject greenhouse foundation , all presently under con-
struction by Building Permit No . 1408OZ issued July 5 , 1985 , and set
back at its nearest point 69. 3 feet from the front property line , 13 . 9
feet from the northerly side line , and 16 . 6 feet from the southerly
side line .
3. By this application , appellants request variances for the
Southold Town Board of Appeals -12- January 9 , 1986 Regu.lar Meeting
(Appeal No . 3425 = 'HOWARD 'AND 'BARBARA DILLINGHAM, decision , continued : )
recent construction of an 8. 1 ' by 13 . 4 ' greenhouse foundation
which has left : (a ) an insufficient southerly sideyard setback
at 16 . 6 feet (or 16 ' 7 " ) ; and (b ) insufficient total sideyards at
30 . 5 feet (or 30 ' 6" ) .
4 . Article XIII , Section 100-136 (A) [2] permits the reduction
of sideyards to not less than 30% of the minimum requirements of
the bulk schedule , which are : (a ) minimum side yard 20 ' less 30%
or 14 feet , and 25 ' less 30% or 17 . 5 feet ; (b) total sideyards
45 ' less 30% or 31 . 5 feet .
5 . The variances requested are : (a ) southerly side yard from
17 . 5 feet to 16 . 6 feet , a variance of 10 . 8" ; (b ) total sideyards
from 31 . 5 feet to 30 . 5 feet , a variance of 12 " .
6 . It is the opinion of this board that in considering the
circumstances leading up to this appeal , the character of this
parcel and immediate surrounding areas , the relief requested is
unique and minimal , being approximately four percent (4%) of the
zoning requirements .
In considering this appeal , the board agrees with the reason-
ing 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 , as conditionally noted below .
Accordingly , on motion by Mr. Doyen , seconded by Mr . Goehringer ,
it was
RESOLVED, to GRANT the relief requested under Appeal No . 3425
in the Matter of the Application of HOWARD AND BARBARA DILLINGHAM
for a variance of one foot in total sideyards 31 . 50 feet to 30 . 50
feet ) and a variance of 10 . 8" in the southerly side yard setback
( from 17 . 50 feet to 16 . 60 feet ) , WITH THE CONDITION THAT THERE BE
NO FURTHER SIDEYARD REDUCTIONS .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen and
Douglass . (Members Grigonis and Sawicki were absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals -13- January 9 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3400 :
Application of JAMES AND MARY TYLER, 625 Marratooka Road , Mattituck ,
NY for a Special Exception to the Zoning Ordinance , Article VII , Section
100-70 (B ) [4] for permission to establish and build public garage at
premises known as 6795 Main Road , Laurel , NY ; Mattituck Holding Co .
Minor Subdivision Lot #3 ; County Tax Map District 1000 , Section 125 ,
Block 1 , Lot 19 . 6 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on December 12 ,
1985 , concerning the Matter of the Application of JAMES AND MARY TYLER
under Application No . 3400 ; and
WHEREAS , the board has considered all testimony and documentation
entered into the record concerning this application ; and it is noted
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 its surrounding area ; and
WHEREAS , the board made the following findings of fact :
1 . The property in question is situated along the north side of
the Main Road (State Route 25 ) , Laurel ; is known as referred to as
Lot #3 , Mattituck Holding Co . Minor Subdivision #274 , is located in
the " B-l " General Business Zoning District , and is identified on the
Suffolk County Tax Maps as District 1000 , Section 125 , Block 1 , Lot
19 . 6 .
2 . The premises is presently unimproved and consists of an area
of 52 , 530 sq . ft. with 133 ' frontage (lot width ) along the Main Road .
3 . By this application , appellants request a Special Exception
pursuant to the requirements of Article VII , Section 100-70 ( B) [4]
to construct and operate a public garage for repair of motor vehicles .
4 . Submitted for consideration is a site plan as amended
September 10 , 1985 , prepared by Roderick VanTuyl , P . C . showing a
proposed 75 ' by 48 ' garage structure set back : (a ) 185 ' from the
front property line , (b ) a minimum of 25 feet from the westerly
side property line , (c) 35 ' from the east side property line , (d)
approximately 130 feet from the rear property line .
5 . For the record it is noted that site plan review has. of
Southold Town Board of Appeals -14- January 9 , 1986 Regular Meeting
(Appeal No . 3400 - JAMES AND MARY TYLER, continued : )
this date not been finalized with the Planning Board in accordance
with the requirements of Article XIII , although the Planning Board
has recommended its approval .
6 . It is further noted for the record that a Waiver under
the provisions of Local Law #14- 1985 (Article XVI , Section 100- 160 )
was granted by the Southold Town Board at a Regular Meeting held
November 7 , 1985 , deeming this proposed use to be consistent with
the uses in the " B-l " . District as proposed under the pending Master
Plan Update Zoning Code revisions .
In considering this application , the board has : (a ) considered
items [a] through [1 ] of the zoning code ; (b) determined the use
will not prevent the orderly and reasonable use of adjacent properties
or of properties in adjacent use districts ; (c ) determined the safety ,
health , welfare , comfort , convenience , and order of the town will not
be adversely affected by the proposed use and its location ; (d )
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use permitted
by legislative action and will meet the requirements of the zoning
regulations , subject to site plan approval by the Planning Board .
Accordingly , on motion by Mr . Goehr'inger , seconded by Mr . Doyen ,
it was
RESOLVED , to GRANT a Special Exception for permission to
establish a public garage for repair of motor vehicles as applied
in the Matter of the Application of JAMES AND MARY TYLER under
Appeal No . 3400 , AND SUBJECT TO THE FOLLOWING CONDITIONS :
1 . No major repair work to be done out in the open ;
2 . No automobiles , automobile parts , dismantled or damaged
vehicles , and similar articles , shall be stored out in the open .
All vehicles to be serviced must be stored in the rearyard area
or within the building , and the rearyard area to be used for such
temporary storage must be properly screened with a six-foot
stockade fenced ;
3 . The parking areas shall be as designated by the Planning
Board and shall be laid out as to avoid the necessity of any
vehicle backing out onto the street and shall be located not less
than 10 feet from any property line .
4 . No sales of gasoline , fuel , or flammable oils are permitted ;
5 . No motor vehicle sales are permitted ;
Southold Town Board of Appeals -15- January 9 , 1986 Regular Meeting
(Appeal No. . 3400 - JAMES AND . MARY TYLER, decision , continued : ) :
6 . Vehicle lifts or pits , dismantled 'vehicles , other than such
minor servicing such. as changing tires , shall be conducted within
the building;
7 . .Vehicle entrance/exit doors shall be l-ocated at the r-.ear
of the buil-ding'.
8. In the event it is found that the subject premises are
being used '.in a manner other - than that permitted by this approval
or the zoning ordinance , or are� in violation of these conditions
or the .zoni,ng ordinance , the Board of Appeals may automatically
terminate the relief granted hereunder;
9. This matter be referred to the Suffolk County Planning
Commission pursuant to ,Sect..ions 1323 , et =seq ., ,of. the Suffolk
County Charter;
10 . Site plan approval .( including parking) by, the' Southold
Town Planning Board , and any, and all applicable rules and
regulations and agency approvals pertaining, to this project .
Vote of the Board : Ayes : Messrs . Go.ehringer , Doyen . and
Douglass . . (Members Sawicki and Grigonis were absent. ) This
- resolution - was duly adopted .
DISCUSSION - Road Inspector . The b.o:ard members had several
applications pending inspections for which an engineer ' s report.,
with recommendations ar.e...required , and the following action .was
taken ; after motion by Mr. Goehringer , se.conded, by Mr , Doyen ,
BE:.IT,. RBSOLVED , that the Chairman meet with th _`uwn ,Boards to
request an alternative road inspector as a temporary fill -in
while Mr. Davis was recouperating from his 'recent operation .
Vote of the Board : Ayes : Messrs . Goehringer , Doug.lass '
and Doyen . (Members Sawicki and Grigonis ,,were absent . ) This
resolution was duly adopted . .
Southold Town Board of Appeals -16- January 9 , 1986 Regular Meeting
APPROVAL OF MINUTES : On motion by Mr . Goehringer , seconded
by Mr . Doyen , it was
RESOLVED, to approve the Minutes of the following Meetings
as submitted :
November 14 , 1985 Regular Meeting ;
December 12 , 1985 Regular Meeting .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen and
Douglass . (Members Sawicki and Grigonis were absent . ) This
resolution was duly adopted .
PUBLIC HEARINGS for February 6 , 1986 : On motion by
Mr. Goehringer , seconded by Mr . Douglass , it was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to be held at the next Regular
Meeting of -this board , to wit : Thursday , February 6 , 1986
commencing at 7 : 30 p .m. , and be it further
RESOLVED , that the Secretary , Linda Kowalski , is hereby
authorized and directed to prepare the- Legal Notice for same
and forward same to the local and official newspapers of the
Town , to wit , Long Island Traveler and Suffolk Times , for
publication at least five days before said hearing date :
7 : 35 p .m. Recessed Hearing of JOHN AND JOYCE HOLZAPFEL ;
7 : 40 p .m. MARGERY D. BURNS , Appeal No . 3446 ;
7 :45 p .m. VIRGINIA HAIRSTON , Appeal No . 3196 ;
7 : 50 p .m . ALICE D . CURRIE , Appeal No . 3454 ;
7 : 55 p . m. FREDERICK W. KOEHLER , JR . , Appeal No . 3443 ;
8 : 00 p .m. JOSEPH AND FRANCES GRASSO , Appeal No . 3444 ;
8 :05_ p .m . RIVERSIDE HOMES , INC . , Appeal No . 3448 ;
8 : 10 p .m . ANNA PACIFICO , Appeal No . 3383 ;
8 : 20 p .m . ESTATE OF JOSEPH ZIELONKA, Appeal No . 3421 ;
8 : 25 p . m. GAIL DESSIMOZ and MICHAEL RACZ, Appeal No . 3431 .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass
and Doyen . (Members Sawicki and Grigonis were absent . ) This
resolution was duly adopted .
- Southold Town Board of Appeals -17- January 9 , 1986 Regular Meeting
OTHER FILE REVIEWS : The board reviewed the following files
and held each in abeyance for the reasons noted below , and
instructed the Secretary and Chairman to request the additional
information to be_ furnished as early as possible :
(a ) Appeal No . 3411 - ANDREW FORKLAUB . (Awai..t requested
floor plans and pre C . O .
(b ) Appeal No . 3430 - CECIL YOUNG (Await maps showing
amount of square footage for which variance is requested . )
(c ) Appeal No . 3445 - JULIUS ZEBROSKI . Await Pre C .O . and P . B .
(d ) Appeal No . 3449 - E . BEGORA. Await County Health waiver
and P . B .
(e ) Appeal No . 3451 - Bedell Winery. Await P . B .
(f) Appeal No . 3450 - Gowen and LaPaugh . Re-division .
Await PB and lot coverage determination info .
(g ) Appeal No . 3412 - Cramer and Herzweig . Await Trustees
action .
(h ) Appeal No . - Paul Canalizo . Await Trustees action .
(i ) Appeal No . 3428 - Bertha Kurzcewski . Await Co . Health
Article VI .
[ It was brought to the board ' s attention that 28 other files
were pending receipt of other agency or other information at
this time , previously reviewed by the board . ]
There being no other business properly coming before the
board at this time , the Chairman declared the meeting adjourned .
The meeting was adjourned at 10 :00 o ' clock p .m.
Respectfully submitted ,
'Rn4-2a
deLF .�
_.._� L: ' n Kowalski , Secretary
Southold Town Board of Appeals
/ c
/Approved - /f/ 3/86, ;<"EIVED AND FILEn I3Y
TIE SOUTHOLD TOWN CLERK
DATE
0 n clerk Town of Sou t hold