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HomeMy WebLinkAboutZBA-02/06/1986 o y 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 REGULAR 'MEETING FEBRUARY 6 , 1986 A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY , FEBRUARY 6 , 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 ; Charles Grigo.nis , Jr . ; Serge Doyen , Jr . ; and Joseph H. Sawi.cki . Absent was : Robert J . Douglass (due to illness ) . Also present were : Victor Lessard ; Building-D-epartment Adminis- trator , Linda Kowalski , Clerk to the Z:,.B. A. , and 35 persons in the audience at . the beginning of the meeting : The Chairman opened the meeting at 7 : 30 p .m. and proceeded with the first items on the agenda ,. as follow : ENVIRONMENTAL DECLARATIONS : After having reviewed each of . the following matters-, the Board took the following action : On motion by Chairman Goehringer , seconded by Member Grigonis , it was RESOLVED , to declare the following Environmental Declarations in accordance with the N . Y . S . .Environmental Quality -Review. Act (SEQRA) , Section 617 , 6 NYCRR , and Chapter 44 of the Coe of .the Town of Southold : (a ) Appeal. No . 3446 - 'MARGERY D . BURNS; (b ) Ap,_pea,I No . 3196 - VIRGINIA HAIRSTON; (c ) Appea..l No . 3454 - -ALI-CE -D . �CURRIE; (d ) Appeal No . 3444 - JOSEPH AND FRANCES GRASSO; (e ) Appeal No . 3448 - _RIVERSIDE HOMES , INC . ; (f) Appeal No . 3383 - ANNA PACIFICO ; (g ) Appeal No . 3421 - ESTATE OF JOSEPH ZIELONKA; i Southold Town Board of Appeals -2- February 6 , 1986 Regular Meeting ( Environmental Declarations , continued : ) I (a) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3446 11ROJF.CT NAME: MARGERY `D : BURNS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental duality 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 sim.ilz'ir project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Accessory inground swi.mm:i'n'gpool structure in this "B-l " Business Zoning District . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 53245 Main Road , Southold , NY . REASON'(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short- form has been submitted which indicates that no signif:icaht adverse effects to the environment are likely to occur should this project be imple-- mc?nted as planned; (2) The property in question is not located within 300 .feet of tidal wetlands areas . .(3 ) The relief requested is concerning use and is not directly related to setbacks or actual construction . i Southold Town Board of Appeals -3- February 6 , 1986 Regular Meeting (Environmental Declarations , continued : ) (b ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3196 PROJECT NAME: V.IRGINIA HAIRSTON This notice is issued pursuant to Part G17 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 hrojdct. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance as to insufficient lot area , width and depth (pertaining to placement of a lot_: line ) in. this pending set-off division of land with existing dwellings . LOCATION OF PROJECT: Town of Sputhold,:: County,:-of Suffolk, more particularly known as: West Side of Carroll Avenue , Peconic . . 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 occ.u-r .�should-.this,project be imple- mented as planned; .::(2) This is a lot- line variance as regulated by Section 617 . 13 , 6 NYCRR. No construction has been requested under this application'. T Southold Town Board of Appeals -4- February 6 , 1986 Regular Meeting ( Environmental Declarations , continue,d : ) (c ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3454 PROJECT NAME: ALICE D . CURRIE 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 reason: indicated below. Please take further notice that ., this declaration should not be considered a determination made for ..any other departmcrnt or agency which may also have an application pending for the same or similar i7)roject. TYPE OF ACTION: [ X1. Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Insufficient rearyard setback of proposed addition . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1815 Soundview Avenue , Southold . REASONS) 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-- nc?nted as planned; (2) . Information has been submitted by applicants indicating that this project will not involve the disturbance of wetland areas . ..(3 ) The relief requested is a setback variance as regulated by Se_ction ' 617 . 13 , 6 NYCRR , SEQRA. f ' Southold Town Board of Appeals -5- February 6 , 1986 Regular Meeting ( Environmental Declarations , continued : ) (d ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3444 . . . . . . . PROJECT NAME: JOSEPH AND FRANCES GRASSO 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 . si.gnifi- 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 departiiic.�nt or agency which may also have an application pending for t.f e same or siin.ilar project. TYPE OF ACTION: [ X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Proposed accessory building in side- yard area and with insufficient setback from wetlands . LOCATION OF PROJECT: Town of Southold., County of Suffolk, more particularly known -as: 7145 Soundview Avenue , Southold , NY. . 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 n,(?nted as planned; (2) This is a setback variance as regulated by Section 617 . 13 , 6 NYCRR, SEQRA. i ' I 1 r I Southold Town Board of Appeals -6 February 6 , 1986 Regular Meeting (Environmental Declarations , continued : ) (e ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3448 PROJECT NAME: RIVERSIDE HOMES , INC . This notice is issued pursuant to Part G17 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental duality 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 ether depar.tincnt or agency which may also have an application pending for the sawe or siin.ilar project. TYPE OF ACTION: [ XJ Type II [ J Unlisted [ J DESCRIPTION OF ACTION: Variance to- locate proposed dwe..11ing with insufficient front and rear yard setbacks . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private right-of-way extending off the south- side of. Soundview Avenue , Peconic .. .REASON'(S) SUPPOfdING..-,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; (l) The relief requested is a setback variance as regulated by Section 617 . 13 , 6 NYCRR, SEQRA. (3 ) Information has been submitted by applicant or his agent indicating that this project will not involve the disturbance of wetland. areas or any any violation of the Code of the Town of Southold . Southold Town Board of Appeals -7- Febfuary 6 , 1986 Regular Meeting (Environmental Declarations , continued : ) (f) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3383 PROJECT NAME: ANNA PACIFICO This notice is issued pursuant to Part 61.7 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 reason: indicated below. Please take further notice that this declaration should not be considered a determination made for .any ether department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [ ] Type II ; . [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for -*approval of structures which violate : (a ) sideyard setback[�s] , (b ) lot-coverage require- ment ; (c ) setback from wetlands . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1250 Marlin Drive , Southold Shores , Southold . REASON•(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been :submitted which indicates that no significant adverse effects to Uie environment are likely to occur should this project be imple-,. nlented as planned; (2) The relief requested is landward of an existing bulkhead . (3) Information has been submitted by applicant or his agent indicating this this project will not involve the disturbance of wetland grasses or areas subject to flooding which may now be considered wetland area . 1 ' I Southold Town Board of Appeals -8- February 6 , 1986 Regular Meeting ( Environmental Declarations , continued : ) (9 ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3421 PROJECT NAME: J..OSEPH ZTEL0N.KA E.S.T.ATE 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 departnir-:nt or agency which may also have an application pending for the same or similar project. _TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] v DESCRIPTION OF ACTION: Variance to utilize premises in this "A" Zone •for business/residential uses as applied herein . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 27475 Main Road , Cutchogue ,. NY; 1000=102-1 -13 . REASONS) 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- mc?nted as planned; (2) Uses applied for are proposed within existing structure and project is not directly related to consideration for new con- struction at this time . (3) The premises is not located within 500 feet of wetlands areas . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyeri and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . Southold Town Board of Appeals -9- February 6 , 1986 Regular Meeting TRANSCRIPTS of the .following Public Hearings , pages 1 through 37 , have been prepared under separate cover by Linda Kowalski , Board Clerk , and attached hereto for reference : 7 : 40 p .m . - Appeal No . 3446 - MARGERY D . BURNS . Following the hearing , motion was made by Chairman Goehringer , seconded by Member Sawicki , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) 7 : 45 p .m . - Appeal No . 3196 - VIRGINIA HAIRSTON . Following the hearing , motion was made by Chairman Goehringer , seconded by Member Grigonis , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 7 : 48 p .m. - Appeal No . 3432 - JOHN AND JOYCE HOLZAPFEL . Hearing reconvened from last Regular Meeting of January 9 , 1986 . Following the hearing , motion was made by Chairman Goehringer ; seconded by Member Sawicki , to RECESS the hearing -until our March 13 , 1986 Regular Meeting , for staking (as discussed) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 8 : 30 p .m . - Appeal No . 3454 - ALICE D . CURRIE. Following the hearing , motion was made by Chairman Goehringer , seconded by Member Sawicki , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member . Douglass was absent due to illness . ) This resolution was duly adopted . 8 : 35 p .m. - Appeal No . 3443 - FREDERICK W. KOEHLER, JR. Following the hearing , motion was made by Chairman Goehringer , seconded by Member Grigonis , to conclude the hearing , pending deliberations. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 8 : 40 .p .m. - Appeal No . 3444 - JOSEPH AND FRANCES GRASSO. Following the hearing , .motion was made by Chairman Goehringer , , Southold Town Board of Appeals - 10- February 6 , 1986 Regular Meeting (Public Hearings , continued : ) (Appeal No . 3444 - GRASSO hearing , resolut .on , continued : ) seconded by Member Grigonis , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 8 :48 p .m. - Appeal No . 3383 - RIVERSIDE HOMES INC. Follow- ing the hearing , motion was made by Chairman Goehringer , seconded by Member Sawicki , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopte.d . 8 : 52 p .m . - TEMPORARY RECESS . On motion by Chairman Goeh- ringer , seconded by Member Sawicki , and duly carried , a temporary break was taken at this time . 9 :00 p .m . - MEETING RECONVENED . Motion was made by Member Sawicki , seconded by Member Grigonis , and duly carried , to reconvene at this time . 9: 02 p .m. - Appeal No . 3383 - Public Hearing - ANNA PACIFICO . Following the hearing , motion was made by Chairman Goehringer , seconded by Member Grigonis , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 9 : 20 p .m. - Appeal No . 3421 - Public Hearing - ESTATE OF JOSEPH ZJELONKA. Following the hearing , motion was made by Chairman Goehringer , seconded by Member Grigonis , to recess this hearing until our next Regular Meeting , March 13 , 1986 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . 9 : 30 p .m. - Appeal No . 3431 - Public Hearing reconvened - GAIL DESSIMOZ AND MICHAEL RACZ. [See verbatim transcript] Following the hearing , motion was made by Chairman Goehringer , seconded by Member Sawicki , to conclude the hearing , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass Southold Town Board of Appeals -11 - February 6 , 1986 Regular Meeting ( Public Hearings resolutions , continued : ) and Sawicki . (Member Douglass was absent due to illness . ) This resolution was duly adopted . NEW APPLICATION : Appeal No . 3463 . EDMUND AND JOAN PRESSLER . Mr . Pressler appeared as to a possible hearing date.. The Chairman advised that the calendar has not yet been confirmed since the reviews of the new files are still being conducted , and that no unnecessary delays would occur 7-the hearing date was agreed for March 13 , 1986 . MATTER OF APPEAL NO . 3461 - HELMUT-.. HAAS-. .'.Variance for approval of two business lots as proposed with. insufficient area and width. S/s C . R. 48 , Peconic . The Board awaits Co . Health Art. VI approval . Planning Board input has been reviewed. NEW 'FILE REVIEW : Appeal No. ' 3456 - RICHARD AND ANITA WILTON . Variance for approval of__ proposed lots having insufficient area , width and/or depth in this pending division of land : E/s Queen Street , Greenpo.rt ; 1000-.40-3-6 . The Board requested coordination with the Planning Board__con cerning the subdivision elements under their jurisdiction for this project as laid out. PEND.ING 'M.ATTER: Appeal No . 3399 - C . BRUCE STAIGER . Variance to re,separate lots , S/s Wells Road , Peconic, The Board awaits clearance from applications-.who are away before advertising . NEW MATTER: Appl . No . 3451 - BEDELL WINERY/VINEYARDS . 36225 Main Road; C��tch.ogue ( 1000-85-2-10 ) . Special Exception application is in complete form . (Pub lic. Hearing to be held March 13 , 1986 was confirmed by the Board Members . ) Southold Town Board of Appeals -12- February 6 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3382 : Application of MATTITUCK HARBOR ASSOCIATES and BAY VIEW VENTURES (a/k/a HARBOR VIEW) , for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient upland area of four lots in this pending major subdivision located at the South Side of New Suffolk Avenue , ( 110±1 . f. east of Deep Hole Drive ) , Mattituck , NY ; Suffolk County Tax Map District 1000 , Section 115 , Block 17 , Lot 17 . Following deliberations , the board took the following action : This is an Appeal wherein the Appellant requests a Variance from the provisions of the Zoning Code as it relates to the deter- mination of the area of a lot . Appellant is the owner of a parcel of land on the south side of New Suffolk Avenue at Mattituck , New York , lying east of Deep Hole Drive . The parcel contains a total of 49 . 140 acres , more or less , and is identified on the Suffolk County Tax Maps as District 1000 , Section 115 , Block 17 , Lot 17 . Appellant has filed an application with the Planning Board of the Town of Southold for the approval of a subdivision of the premises . All of the lots shown on the proposed subdivision map exceed 40 ,000 sq . ft. in area which is the minimum required lot size with respect to this subdivision . However , a portion of four of the lots (13 , 22 , 31 and 32 ) consists of wetlands . The Planning Board has required that the portion of each of said lots comprising of wetlands be excluded in the determination of lot area- as a result of which the four lots in question would have an area of less than 40 ,000 square feet . The Appellant , in addition to his formal appeal , has submitted a Brief in which two recent New York cases have been cited , to wit : Bloom v . Town Board of the Town of Oyster Bay , 32 NY2d 930 , 347 NYS2d 197 1973 and Ashman v . Edwards , et al . AD 2d 923 (1982 ) as authority for the proposition that a Planning Board has no authority to exclude wetlands and other nonbuildable area in the determination of the lot areas . This Board has reviewed this matter with the Town Attorney , who has advised this Board that under the authority of the above Southold Town Board of Appeals - 13- February 6 , 1986 Regular Meeting (Appeal No . 3382 - MATTITUCK HARBOR ASSOCIATES decision , continued : ) cited cases , the wetlands must be included in determining the lot area of each lot . This Board is in accord with the Town Attorney ' s opinion , and accordingly , determines that in considering the lot area of the four lots in question , the wetlands much be included in the determination of such area . Now , therefore , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED, the the wetlands area be included in the determination of the lot area of the four lots in question as applied under Appeal No . 3382 in the Matter of MATTITUCK HARBOR ASSOCIATES . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Sawicki . (Absent was : Robert J . Douglass ) . This resolution was duly adopted . INSTRUCTIONS FOR ACCESSORY-APARTMENT APPLICATIONS under Article III , Section 00-30 B . The Board reviewe the drafted instruction sheet and form application , and agreed to its contents . The Secretary was authorized to order printing and release to the public when requested . REQUEST FOR RECONSIDERATION/REHEARING: Appeal No . 3400 . DAMES AND MARY TYLER. The Board reviewed the request of Mr . Tyler received February •6 , 1986 (dated January 29 , 1986 ) requesting reconsideration of Condition No . 7 of the Board ' s decision for the following reasons : " . . . The very nature of my repair work constitutes the handling of large trucks for repair. The alignment necessary to maneuver these trucks necessitates an approach for servicing through the front entrance as well as the rear of the building . I have purposely placed the building back in excess of 185 feet so that the aesthetics of my.. neighbors are protected and the character of the area is preserved . I have enclosed information for your board to see the results of the design proposed. I would be available to meet with you or your board to discuss the matter more fully. . . . " Signed : _James R. Tyler Southold Town Board of .Appeals - 14- February 6 , 1986 Regular Meeting (J . Tyler Request for Reconsideration , continued : ) It is the position of the Board Members that they are without authority to amend , change , modify or otherwise act upon any decision previously rendered without a formal application , notice to neigh- bors , filing fee , re- hearing , etc . and after unanimous vote of the board . All the Board Members were in agreement with this position and the Chairman was authorized to respond accordingly to Mr . and Mrs . James Tyler. MATTER OF APPEAL NO . 3463 : EDMUND PRESSLER: Application filed today. The- Board authorized and directed that a. letter be referred to the Planning Board requesting their input on the off-street parking and egress/ingress areas anticipated for the four proposed uses . The Board agreed to advertise this matter for a public hearing on the variance for March 13 , 1986 , and a response will be needed for that hearing. - OTHER MATTERS FOR HEARINGS MARCH 13 , 1987 CONFIRMED: The Board Members agree- to. -advertise the following matters for the March 13 , 1987 Regular Meeting for public hearings at this time : (a ) Appeal No . 3447 - PUDGE CORP . ; (b) Appeal No . 3457 - RALPH AND_ LUCILLE STOCKER; (c ) Appeal No . 3463 - EDMUND PRESSLER; (d ) Appeal No . 3455 - KATHLEEN VARANO (pending legal conferences with the Town ' Attorney ; - (e ) S . E . #3459 - 1257127 MAIN ST. CORP . /MILLS . (P . B . comments to be received before advertising ) . (f) Appeal No. . 3460_ - MICHAEL J . PERLMUTTER , M . D . ( if parking.. sketch received before advertising). APPEAL NO . 3432 - JOHN AND JOYCE HOLZAPFEL : The Board members- acknowledged receipt of Report .dated. February 2 , 1986 from Lawrence M. Tuthill , P . E. concerning additional recommendations , to the right-of-way . _ (This hearing was recessed until the next meeting , and the Board previously asked that two or three stakes be placed for inspections depicting the legal width of the right-of-way . ) Southold Town Board of Appeals -15- February 6 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3437 : Application of FRANK AND MARY BROPHY - Request to rescind a previous conditional variance granted under Appeal No . 2922 for the construction of a deck at premises known as 75 Second Street , New Suffolk , NY ; Suffolk County Tax Map District 1000 , Section 117 , Block 10 , Lot 20 . 7 . Following deliberations, the board took the following action : WHEREAS., a public - hearing -was held and concluded on January 9 , 1986 , in the Matter of 'FRANK 'E . AND 'MARY 'L . 'BROPHY under Appeal No . 3437 ; and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this a.pplication-, including numerous letters in opposition and three in favor of this application ; 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 known and referred to as 75 Second Street , New Suffolk ,_ Town_ of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 117 , Block 10 , Lot 20 . 7 . 2 . By letter dated November 26 , 1985 , a request is made for a rescission of a previously issued variance under Appeal No . 2922 (rendered December 17 , 1981 ) . 3. The relief granted under Appeal No . 2922 was for the construc- tion of a 10 ' by 12 ` deck addition with a setback of not less than 6 ' 6" from the front property line and approximately 10 ' 6 " setback from the-southerly side prop-erty line . 4. The zoning code requirements during 1981 for the frontyard setback of the addition was 142 feet , which was the existing structure ' s setback at that time , and the sideyard setback requirement was 11 ' 6 " . 5 . For the record it is noted that the zoning code was amended by Local Law #9-1983 , adopted August 9 , 1983 , permitting a minimum sideyard setback at 10 feet . (The restriction as to the minimum front yard' has not changed since the 1981 variance . ) 6 . Also noted for the record are the prior decisions of this board rendered : (a ) under Appeal No . 2693 on May 22 , 1980 ; (b ) under Appeal No . 2725 on August 28 , 1980 ; (c ) under Appeal Southold Town Board of Appeals -16- February 6 , 1986 Regular Meeting (Appeal No . 3437 - BROPHY , decision , continued : ) No . 2788 on April 23 , 1981 , all as described in each record . 7 . It is the opinion of the board that appellants ' request to rescind the action which approved the construction of a 10 ' by 12 ' deck addition will reestablish the property ' s conformity as to its front yard setback as existed previously at 142 feet . 8. It should be noted that future construction , including bedroom additions , decks , roofed patios , accessory buildings , etc . are restricted to the maximum-permitted 20% lot coverage requirements as well as all other setback and zoning requirements of the code ; and that by _allowing this variance for the permanent removal of the deck and_ rescission of Action taken under Appeal No . 29223 the deck will not be reconstructed . In considering this application , the board has determined : (a ) the relief requested is. unique ; (b ) the relief requested is not subs_tantial_, being in rel..ation to the zoning requirements since the dwelling' s frontyard. s.etback will be reestablished at 142 feet ; (c ) by remov..ing the deck , there will be no substantial change in the character of this district; (d ) the public health , welfare and safety of the town will be served by upholding this application ; (e ) there is no other method available' for the appellants to pursue other than a variance ; (_f) the spirit of the zoning ordinance will best be served by allowing the variance , as noted below . Accordingly, on motion 'by Mr . Doyen , seconded by Mr. Sawicki , it was RESOLVED , that the relief .granted under Appeal No . 2922 by resolution . of . this board rendered December 17 ,. 1981 , BE AND 'HEREBY 'IS 'RESCINDED, and the deck construct-Jon -be REMOVED PERMANENTLY . Vote of the. Board : 'Ayes : Messrs . Goehringer , Doyen , Grigonis and Sawicki. . (Absent was : Member 'Dou.glass . ) This resolution was adopted by unanimous vote of ' the four members present . Southold Town. Board of Appeals - 17- Febr,u_ary6 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3406 : Application of RICHARD 'L . DUCHANO - Variance to the Zoning Ordinance , Article III , Sections -3 and 100-31 ) for permission to resepa- rate lots which have insufficient lot area ,_ width and depth . Premises known as 715 Champlin, Place and premises known as 224 Bridge Street , . Greenport , NY , Suffolk County Tax Map District 1000 , Section 34 , Block 3 , Lots 37 and 53 ( 53 . 1 ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held on January 9, 1986 , in the Matter of the Application of RICHARD DUCHANO and WEST DU.BLIN REALTY under Appeal No . 3406 ; 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 . By this application , appellant requests variances for insufficient area , width and depth of : (a ) proposed Parcel #1 , referred to as Lots #13 and #14 , "Map of Champlin Estates , ". filed October 23 , 1873 as Map #337 ,_ and'-part of a described parcel to the south , consisting of an area of 11 , 250± sq . ft . , road frontage along the south side of Champlin Place of 80 . 76 feet , and depth of 118 . 98± feet ; (b ) proposed Parcel, #2 , a described parcel located along the north side of Bridge Street containing an area of 11 , 250± sq . ft. , frontage along Bridge Street of 119. 67 feet , and depth of 96± feet , all as shown on map prepared by Roderick VanTuyl , P . C . for Richard Duchano October 17 , 1985 .. 2 . Proposed Parcel #1 along the south side of Champlin Place is vacant ; proposed Parcel #2 along the north side of Bridge Street is improved with three structures : ( 1 ) a two-story , single-family frame house with front porch set back .2± feet from -its front ,property line ; (2 ) accessory storage garage structure located 2± feet from its nearest point from the east side property line ; (3 ) accessory storage shed structure located approximately eight feet from the east side property line . 3 . In viewing the area , the board agrees that a majority of Southold Town Board of Appeals -18- February 6 , 1986 Regular Meeting (Appeal No . 3406 - RICHARD L . DUCHANO (WEST DUBLIN REALTY , decision , cont ' d : ) the lots in the area are of a size similar or smaller to that proposed by this application . 4. Submitted for the record are letters of commitment from the Village of Greenport dated January 9 , 1986 and January 10 , 1986 for public water to be served from the 6" water main on Champlin Place and public sewer and electric through an easement from Bridge Street to Parcel #1 ; and public water , sewer and electric from Bridge Street for Parcel #2 . In considering this application, the board has determined : (a ) the relief requested w_i11 not produce a substantial change in the character of the neig_hborho_od since a majority _pf the lots are similiar in size ; ( b) the circumstances of this appeal are unique since these properties are on subdivision maps filed with the Suffolk County Clerk ` s Office and will be served by public sewer and. water ; _ (c ) a detriment would not be caused to adjoin- ing properties ; (d) the premises front on two municipal streets ; (e ) the public health , welfare and safety of the town will be served by upholding this application ;: (f) that it is within the best i nterests- of the town.. t_o approve the__ application , as noted below . Accordingly , on motion by Mr. Grigonis , seconded by Mr . Sawicki , J.t was _ RESOLVED, that - the relief as . applied under Appeal No . 3406 in the Matter of :RICHARD 'DUCHANOJWE.ST..'.DUBLIN REALTY, to re-separate parcels having insufficient area o_f 11., 50.0 sq . ft : , insufficient width and insuffici.e.nt lot depth , ,as .shown on Map prepared by Roderick - VanTuyl , . P. C . . October 17, 1985, 'BE 'AND '_HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No further lot area reductions ; 2 . All structures must conform with Article III , Section 100-31 , Bu-1_k Schedule setback requirements ; 3. This property must be served by public sewer and public water by the Vi 11_age ._of Greenport . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Sawicki . (Member Douglass was absent_ due to .illness . ) This resolution was declared duly adopted . Southold Town Board of Appeals -19-7 -Jebr.uary 6 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3436 . Application of CHARLES AND SYLVIA WILD . Variance to the Zoning Ordinance , Article III , Sections 00-30 and 100-31 , Bulk Schedule "A" for permission to construct addition to dwelling with an insufficient sideyard setback ,. premises known as 250 Lake Court , Southold , NY ; Suffolk County Tax Map District 1000 , Section 59 , Block 5 , Lot 6 . Following deliberations , the board took the following action : WHEREAS, - a - public - hearing was held on January 9 , 1986 , in the Matter of 'CHARLES AND 'SYLVIA WILD, under Appeal No . 3436_; and. WHEREAS , the -board has considered all testimony and documentation entered into the record concerning this _ap.plication., 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 at the north side of Lake .Court, along. Great Pond�� ( "Lake Leeton" ) , Southold , and is iden- tified on the_ Suffolk County. Tax Maps as District 10.00 , Section 59 , Block 5 , Lot 6 _ 2 . The subject premises contains an area of approximately . 25 acre, with. 151 ` frontage along Lake Court and 86 . 46 ' (along a tie line.) along Great Pond (easte_rl_y property line ) , and is improved with a single-family , one-story frame house as shown on survey dated November 29.., '1 971 .prepare.d 'by _Roderick VanTuyl , P. C . for the applicants . 3. By this application , appellants request a Variance to Article III , 'Section 100=30 , 'an_d_ Bulk Schedule for permission to construct an 6 ` 8" by _9` bathroom addition leaving an insufficient setback from the-west (side ) property line at 5 . 5 or more feet . The present setback is 14 feet . 4. It is noted that the dwelling faces Great Pond and is like so many other waterfront lots Wit-h_ the street_ side _of the house the "side " except under the townls. zoning regulations defining it as the "fron.t'_'. and the back side of the. house the "side yard" technically . In considering this application , the board has determined : (a ) the relief requested is unique' (b) there will be no substan- tial change in the character of this district ; (c ) the relief as c Southold Town Board of Appeals -20- February 6 , 1986 Regular Meeting (Appeal No . 3436 - CHARLES AND SYLVIA WILD , continued : ) requested is not substantial ; (d ) the public health , welfare , and safety of the town will be served by upholding this application ; (e ) it is within the best interests of the town to grant the application , as noted below. Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goeh- ringer , it was RESOLVED , that permission BE AND HEREBY IS GRANTED as applied under Appeal No . 3436 for - permission to construct 6 ' 8" by 9' bathroom addition, 'S.UBJECT 'TO THE FOLLOWING CONDITION,.- That the setback from the easterly ( side ) property line be not less than 5 '` 5." _at any time in _the future_. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Sawicki . (Member Douglass was absent due to illness . ) This resolution was declared duly adopted . . The Board agreed to meet at a Special Meeting for February 14 , 1986 to continue with tonight ' s agenda and new file reviews . The meeting adjourned at 10 : 35 o ' clock p .m . Respectfully submitted , Linda F. Kowalski , Secretary Southold Town- Board of Appeals /A� roved - Gerard P. 'Goe inger , Chairman iECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK I3ATL� aI a6�'7 7 UR P,�9 Town Clerk, Town of Sou old