HomeMy WebLinkAboutZBA-12/11/1986 T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M I N U T E S
JOSEPH H. SAWICKI
REGULAR MEETING
THURSDAY- - DECEMBER 1 1 , 1986
A Regular . Meeting of the Southold Town Board of Appeals was
held on T_HURS.DAY ;_DECEMBER 11 , 1986 at 7 : 30 o ' clock p .m. at the
Southold Town. Ha_l.l . Main. Ro_a_d, _$outhold; New Yo.rk. 11971 .
Present were : Gerard P. Goehringer , Chairman ; Serge Doyen ,
Jr . ; Robert J . Douglass and Joseph H . Sawicki , constituting
four of the five members of .the Board of Appeals . Also present
were . .. Victor Lessard, Building-Departm_ent _Adm.inistrator ; Linda
Kowalski ,. Board Secretary ,..'and._ approximate'ly 25 .persons in the
audience at the beginni'ng_ of the. _meeting . Member Grigonis was
absent due to hospitalization .
-� The Chairman opened the meeting at 7 : 30 p .m. and proceeded
with the first public hearing, as follows . The verbatim trans-
cripts for all _the.., hearings .have been prepared under separate
cover and filed with the Office of the Town Clerk for reference .
7` 35 w . 7 : 42 p .m. Public Hearing was held in the Matter of
Appeal No . 3.216 - EUGENE DAVISON . Variance to establish
apartment over horse stable second dwelling unit ) upon 9. 8±
acre parcel . S/s Sound Avenue , Mattituck [Strawberry Fields] .
7 : 42 - 7 : 46 p .m. Public Hearing was held in the Matter of
Appeal No . 3577 - FRANK AND DELORES DAVIES . Variance to
replace accessory shed in the north sideyard area , 2285 Pine
Tree Road , Cutchogue .
7 :46 - 7 : 50 .p .m. Public Hearing was held in the Matter of
Appeal No . 3578. = ARTHUR ESSLINGER. Variance to locate
i I I
Southold Town Board of Appeals -2- December 11 , 1986 Regular Meeting
APPROVAL OF MINUTES . On motion by Mr . Sawicki , seconded by
Mr . Doyen , it was
RESOLVED , to approve the Minutes of the following Meetings
held :
November 20 , 1986 Regular Meeting;
November 3 , 1986 Special Meeting.
Vote of .the Board . Ayes : Messrs . Goehringer , Douglass , Doyen
and Sawicki._. (Member Grigonis was 'abs_ent due to illness . ) This
resolution was duly adopted .
PUBLIC HEARINGS , continued :
7 : 50 - 7 : 59 p .m. Appeal No . 3579 - CHARLES AND SANDRA BLAKE .
Variance for approval of access over Olds Woods Path Private
Road #10 ) , Southold .
7 : 59 . , 8 : 10 p .m. Appeal No . 3580 - NICHOLAS BABALIS . Variance
to construct new dwelling with insufficient : a north side
yard , (b ) total sid.e yards . 3360 Rocky Point Road , East Marion .
8 : 10 .= . .9 : 25 p .m. Appeal No . 3572 - MICHAEL AND JOYCE MATTES .
(Recessed from 11 /20/86 ) . Special Exception for Bed and Break-
fast use , 50 Luthers Road , Mattituck . Following testimony , a:.
motion was made by Mr. Goehringer , seconded by Mr . Sawicki ,
to recess the public hearing for board inquiries until our
next Regular Meeting (to wit : January 8 , 1987 ) . This resolu-
tion was unanimously adopted . The Chairman explained that the
January 8th hearing would accept responses to the board ' s
inquiries , if any , but'-no new testimony otherwise . '
9 : 27 - 9 : 30 .p .m. ' Appeal No . 3557 - ROBERT EGAN . Variance to
Amend Conditional Approval Rendered 11 /3/86 to allow recon-
struction of dwelling with insufficient setbacks upon founda-
tion , as exists at 5 and 12 feet , rather than 7 and 12 feet .
330 Knoll Circle , East Marion . Gardiners Bay Estates Subdivision ,
Lots 27. 4nd part of 28 .
9 : 30 - 9 : 35 p .m. Appeal No . 3552 - JOHN SENKO . (Recessed from
11 /20 as requested by applicant ' s attorney . ) Stephen R. Angel ,
Esq . asked for a five-minute recess . The hearing was recessed
temporarily - as requested , reconvening at 9 : 48 p .m. , infra .
. I
Southold Town Board of Appeals -3- December 11 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3573 :
Application of MARGARET 'AND JOSEPH BEST for a Variance to the
Zoning Ordinance , Article III , Section 100-32 for permission to
locate accessory garage structure in the frontyard area at premises
located on the south side of a private right-of-way extending off
the east side of Camp Mineola Road , Mattituck , NY ; County Tax Map
Parcel No . 1000-123-06-17 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on Novem-
ber 20 , 1986 in the Matter of the Application of MARGARET AND
JOSEPH BEST under Appeal No . 3573; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS ,the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS., the board made the following findings of fact :
1 . By this application , appellants request a Variance from
the Provisions of Article III , Section 100-32 for permission to
locate an accessory 22 ' by 30 ' garage in the front yard area ,
as amended from the previous Appeal filed August 22 , 1986 under
Appeal No . 3551 . The newly proposed location will be with a
minimum setback of 12 feet off the west side property line ,
350 feet from the front property line , and 65 feet on an angle
from the existing one-story frame house (at its closest points ) .
2 . The premises in question is a described parcel
containing a total area of 1 . 3± acres , with 89 ft . frontage
along the private. right-of-way and an average depth of 597
feet to the rear property line along Peconic Bay. The subject
premises is more particularly identified on the Suffolk County
Tax Maps as District 1000 , Section 123 , Block 6 , Lot 17 and is
improved with the following structures : (a ) two-story frame
dwelling , overall dimensions 36 . 4' by 36 ' , set back from the
existing wooden bulkhead 43± feet; (b) one story 20 ' by 32 '
• 1
Southold Town Board of Appeals -4- December 11 , 1986 Regular Meeting
(Appeal No . 3573 - BEST , decision , continued : )
accessory cottage structure , set back 132± feet from the bulk-
head ; (c ) 8. 3 ' by 12 . 3 ' accessory framed shed set back 2 . 8
feet at its closest point from the easterly side property line ;
(d ) 12 . 2 ' by 20 . 2 ' framed accessory stable structure set back
21 . 7 feet at its closest point from. the easterly side property
line .
3. Article III , Section 100-32 restricts accessory
structures to the rear yard area . The board finds placing
this proposed accessory garage structure in the rear yard area
would not be feasible due to the provisions of Article XI ,
Section 100-119. 2 which prohibits. new construction within 75
feet of .a tidal water body .
4. By action taken October 22 , 1986 , under Appeal No .
3551 , this Board granted a conditional _area variance for a
new accessory garage in the frontyard , with restriction as to
the setbacks from the front and west side property lines at
275 feet and .25 feet , respectively.
5 . Appellants indicate that by locating the garage in
accordance with ,the limitations of the prior Appeal , several
large trees would have to be destroyed . It was also brought
to the Board ' s attention after their decision was rendered
that the abutting property owner to the west had concerns about
the setback restrictions . Submitted for consideration under
this application is a letter of approval from the property
owner to the west for placement of the accessory garage 12
feet off the common property line , garage doors facing north ,
and set back 6 to 8 feet north of the original location .
6 . It is the opinion of the board that the change as
requested is minimal , and there is no other method feasible
for appellants to pursue other than a variance .
7 . The proposed accessory garage structure shall be
used only for garage and storage purposes accessory and
incidental. to the residential use of the premises and not
for sleeping or living quarters , nor operated for gain .
In considering this appeal , the board also finds and
determines : (a ) that the project as proposed is not out
of character with the neighborhood ; (b ) the relief requested
is not substantial ; (c ) the circumstances of the property
are unique ; (d) the variance will not in turn be adverse to
Southold Town Board of Appeals -5.= December 11 , 1986 Regular Meeting
(Appeal No . 3573 —BEST, decision , continued : )
the safety , health , welfare , comfort , convenience or order
of the town ; (e ) there is no other method feasible for
appellants to pursue other than a variance ; (f) there will
be no substantial detriment to adjoining properties ; (g )
in view of the manner in which the difficulties arose and in
view of the above factors , the interests of justice will be
served by granting the variance , as conditionally noted below .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , to approve the location of a 22 ' by 30 '
. accessory garage structure in the frontyard area as applied
in the Matter of Appeal No . 3573 , by MARGARET AND JOSEPH
BEST , 'SUBJECT TO THE FOLLOWING CONDITIONS :
1 . There be a minimum setback from the westerly side
property line at 12 feet ;
2 . There be a minimum setback from the northerly
property line as requested (approximately 350 feet ) ;
3 . The garage door (s ) shall face north , as applied;
4. This structure be used only for garage purposes
accessory and incidental to the residential use of the premises
and not to be operated for gain , or living or sleeping quarters .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Douglass and Sawicki . (Member Grigonis was absent due to
illness . ) This resolution was duly adopted .
Southold Town Board of Appeals -6- December 11 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3571 :
Application of MARGARET AND JOSEPH BEST for a Variance to the
Zoning Ordinance , Article XI , Section 100-119. 2 for permission to
construct addition at the southerly side of existing building with
insufficient setback from the bulkhead along tidal water area and
insufficient setback from the rear property line at premises located
on the south side of a private right-of-way extending off the east
side of Camp Mineola Road , Mattituck , NY ; ' County. Tax Map Parcel
. No . 1000- 123-06717 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on Novem-
ber 20 , 1986 in the Matter of the Application of MARGARET AND
JOSEPH. BEST under Appeal No ._. 3571 ; a.nd
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS ,the board has carefully considered all testimony and
documentation submitted concerning this application ;_ and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . By this application , appellants request a Variance from
the Provisions of Article XI , Section 100-119. 2 for permission to
construct a 14 ' ,by 33 ' .addition at the rear of the existing
two-story frame by
leaving an insufficient setback from
the_ existing bulkhead to the south at not less than 29 feet. The
existing setback is shown to be at 43 feet . The addition is
proposed for a heated porch and additional kitchen area .
2 . The premises in .question is a described parcel
containing a to._tal area of 1 . 3± acres , with 89 ft . frontage
along the- private right-of-way and an average depth of 597
feet to the rear property lin.e along Peconic Bay . The subject
-premises is more particularly identified on the Suffolk County
Tax Maps as District 100„O , .Section 123 , Block 6 , Lot 17 and is
improved with the following structures : (a ) two-story frame
dwelling , overall dimensions 36 . 4 ' by 36 ' , set back from the
Southold.,.Town.. Board of Appeal s -7- D.e..c.e.mb.er: ) 1 ,: 1 9.86 Reg,ul a Meeti ng
(Appeal No . 3571 - BEST decision (addition ) , continued : )
existing wooden bulkhead 43± feet ; (b ) one story 20 ' by 32 '
accessory cottage structure , set back 132± feet from the bulk-
head ; (c ) 8 . 3 ' by 12 . 3 ' accessory framed shed set back 2 . 8
feet at its closest point from the easterly side property line ;
(d ) 12 . 2 ' by 20 . 2 ' framed accessory stable structure set back
21 . 7 feet at its closest point from. the easterly side property
line .
3 . Article XI , Section 100- 119. 2 , subparagraph (B)
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
set back not less than seventy-five (75 ) feet from the ordinary
h'ighwater mark of such tidal water body , or not less than
seventy-five (75 ) feet from_ the landw.a_rd edge of the tidal
wetland , whichever is the greater distance .
4. The Courts have held that the area setback variances
must meet the "practical difficulties" standard , considering
as follows : -(a ) that the _relie_f requested is not substantial
in _relation to the requirement ; (b ) that the project as
proposed is not out of character with the neighborhood ; (c )
_the. circumstances of the property are unique and are not
personal in nature ;_ (d ) that the variance will not in
_turn be adverse to the safety , health , welfare , comfort ,
convenience or order of the town ; (e ) that the variance
requested is the minimal necessary ; (f) there is no other
method feasible for appellants to pursue other than a variance .
5 . It is the opinion of the board that the relief
requested is not the minimal necessary under the circumstances ;
however , the circumstances of the property and existing
dwelling ' s location are unique , leaving no other method
feasible for appellants to pursue .
6 . It is noted for the record that by action taken
simultaneously herewith. under Appeal No . 3573 , an amendment
of prior Appeal No . 3551 , this Board granted a conditional area
variance for a new accessory garage in the frontyard , with
restriction as to the setbacks from the front and west side
property lines , as noted therein .
In considering this appeal , the board also finds and
determines : (a ) that the project as proposed is not out
of character with the neighborhood ; (b) the relief requested
t
Southold Town Board of .Appeals -8- December 11 , 1986 Regular Meeting
(Appeal No . 3571 - MARGARET 'AND 'JOSEPH BEST decision (addition ) , cont ' d : )
is not substantial in relation to the existing dwelling setback ,
although the relief requested is substantial in relation to the
requirements [being a variance of 60% from the 75-foot require-
ment] ; (c ) the circumstances of the property are unique ; (d )
the variance will not in turn be_. adverse to the safety , health ,
welfare , comfort, convenience or order of the town ; (e ) there
is no other method feasible for appellants to pursue other than
a variance ; (f) there will be no substantial detriment to
adjoining properties ; (g )_ in view of the manner in which the
difficulties arose and in view of the above factors , the inter-
ests of_..justice will be served by granting the variance , as
conditionally noted.. below.
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Sawicki , i„.t was
RESOLVED , to APPROVE an 12 ' by 33 ' wide addition at the
south end of existing two-story dwelling , leaving an insuffi -
cient setback at not less than 31 feet from existing bulkhead-
Matter of MARGARET 'AND JOSEPH BEST under Appeal No . 3571 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Douglass and Sawicki . (Member Grigonis was absent due to
illness . ) This resolution was duly adopted . )
PUBLIC HEARING, continued :
9 : 48 - 10 : 10 p .m. Appeal No . 3552 - JOHN SENKO . The
hearing reconvened. Following additional comments ,
motion was made by Chairman Goehringer , seconded by
Member Sawicki , to recess the hearing as requested
by Attorney Stephen Angel until our next Regular
Meeting of THURSDAY , JANUARY 8 , 1987 , to possibly
consider an alternative as discussed during the
hearing this evening) . This resolution was unani -
mously adopted . (See verbatim transcript prepared
under separate . cover . )
So'uthol'd Town Board of AppeAls -9- December 11 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3550 :
Application of JOSEPH AND LINDA SCHOENSTEIN for Variances to the
Zoning Ordinance , Articles : a VI , Section 100-60 for permission to
expand nonconforming use of welding business in this " B-Light Business "
Zoning District; (b) XI , Section 100-119. 2 ( B) for permission to
construct new building and expand nonconforming welding business use
within 75 feet of wetlands area , at premises located along the south
side of Main Road , Greenport , NY ; County Tax Map Parcels No .
1000-53-2- 12 , 13 , 15 . 1 (15 ) ; Lots 172 , 173 , 174 , Peconic Bay
Estates Map No . 658 , and Map No . 1124 as Amended .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held on September 11 , 1986 and
October 22 , 1986 in the Matter of the„ Application of JOSEPH AND
LINDA SCHOENSTEIN and NORTH 'FORK WELDING; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located along the south side
of the Main Road (State Route 25 ) ar Arshamomaque , in the Hamlet
of Greenport , Town of Southold , and is identified on the Suffolk
County Tax Maps as District 1000 , Section 55 , Block 2 , Lots 12 ,
13 and 15 (15 . 1 ) . County Tax Map Lot 12 consists of Lots 174 , 173
and 172 of Peconic Bay Estates and Amended Map of Peconic Bay
Estates , for which current ownership is in the name of Joseph
Schoenstein , and contains an area of approximately one-half acre .
County Tax Map Lots 13 and 15 (or 15 . 1 ) are in the names of
Joseph and Linda Schoenstein , and contain an area of approxi -
mately . 60 of an acre . Combined , these parcels contain an area
of 49 ,800 sq . ft. , more or less , with a frontage along the Main
Road of 198. 59 feet and frontage along Lawrence Lane (a paper
street ) of 124± feet , as more particularly shown on survey
mapped March 29 , 1985 by Roderick VanTuyl , P . C .
2 . By this application , appellants request Variances from
Southold. Town. Board of ,Appeals - 11 - December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING , continued : )
1979 , under Appeal No . 2541 , a use variance was conditionally
granted for the establishment of storage for a portable small -
scale welding business at premises identified on the Suffolk
County Tax Maps during 1979 as District 1000 , Section 53 , Block
2 , Lots 13 and 15 , containing a maximum lot area of 26 , 458 sq .
ft . The April 24 , 1979 survey shows that the premises was
improved with a barn structure and accessory garage building
[see Mitchell Pekunka survey prepared by Roderick VanTuyl , P . C . ] .
The premises during 1979 was zoned " B-Light Business . "
Conditions imposed by the Board on May 3 , 1979 are : (1 ) There
shall be no outside storage of equipment or work that is to be
completed by the applicant; (2 ) If the proposed number of
employees on the premises becomes larger than two , the appli -
cant shall return to the Board of Appeals for a review of this
action ; (3 ) Suffolk County Planning Commission approval .
6 . Also by prior action rendered by this Board on June 25 ,
1986 under Appeal No . 3501 , a variance for the same relief
hereunder was denied without prejudice for the reasons stated
therein ,
7 . Article XI , Section 100- 119. 2 ( B) of the Zoning Code
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
set back not less than seventy-five (75 ) feet from the
ordinary highwater mark of such tidal water body , or not
less than seventy-five feet from the landward edge of the
tidal wetland , whichever is greater .
9. It is noted that the percentage of relief requested
for this requirement is 66% , or 50 feet , which is substantial
in relation to the zoning requirements . It is also noted
for the record , however , that the Southold Town Trustees have
(a ) determined the "ditch" area to contain wetland grasses
as defined by Chapter 97 of the Code of the Town of Southold ,
and (b) conditionally approved a wetland permit March 27 ,
1986 . This board also determines the nearest wetland grass
area in this project to be within the "ditch" that extends
from the waterways near Pipes Cove , although the N . Y . S .
Department of Environmental Conservation has determined
a further wetland boundary line as regulated by the State
regulations . The nearest wetland area as determined by
the Town is considered in making this determination..
Southold Town. Board of Appeals - 10- December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING , decision : )
the Provisions of the Zoning Ordinance , as follows : (a ) Article
XI , Section 100- 119. 2 ( B) for permission to locate new building
within the required 75-ft . setback from wetlands area ; and
(b ) Article VI , Section 100-60 to expand the permitted welding
business in a proposed new building as depicted by Site Plan
prepared by Peconic Associates , Inc . , Revised April 24 , 1986 .
3 . The premises in question is in the " B-Light Business"
Zoning District , which extends throughout the whole block from
the west side of Pipes Neck Road (along the south side of the
Main Road) to the east side of Kerwin Boulevard . Opposite the
subject premises to the north side of the Main Road are
properties also zoned "B-Light Business . " Premises catty-
cornered to the northwest (Wickham/Melrose ) received a
conditional variance to permit .a business office for a
marine contractor , with accessory use for storage and repair
of that contractor ' s own vehicles and own equipment (see
Appeal No . 3222 rendered June 28 , 1984 - John Wickham) . It
4. As depicted on site plan revised April 24 , 1986
prepared by Peconic Associates , Inc . , appellants propose the
following : (a ) to continue the use of the existing 2 , 286 sq .
ft . building which is presently set back 25 feet at its closest
point to the front [north] property line , of which 625 sq . ft.
is for the North Fork Welding office and 1 ,661 ± sq . ft . weld-
ing shop use ; (b ) to continue the use of an existing 15 ' by
21 ' building (presently as an antique-sales shop ) which is
shown to be set back 23 feet at its closest point to the front
[north] property line ; (c ) proposed new one-story 50 ' by
90 ' metal building [4 , 500 sq . ft. floor area] for welding
work shop use , of which 3 ,000 sq . ft. is to be for storage
area , eliminating all outside storage and parking of equip-
ment vehicles and paraphernalia being serviced or repaired .
Apppellants propose to locate the new metal building along
the westerly yard area 50 feet from the north (front )
property line , 15 feet from the existing building , and
not less than 35 feet from the west (side ) property line .
The building is shown to overlap the deeded lot line
(between Lots 13 and 15 , and Lot 12 ) approximately 15
feet deep , and is proposed to be set back not closer than
25 feet from the wetland grass area , or "ditch , " at the
nearest point .
5 . By prior action taken by the Board of Appeals May 3 ,
Southold Town Board of Appeals -12- December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING , decision : )
10 . It is the opinion of this board that the placement
of a 50 ' by 70 ' building , accessory to the existing welding
business , as an alternative and conditionally noted below ,
will not change the essential character of the business use
granted under the prior variance , and that such an increase
of building area does not affect its rights to continue the
present use , at the present 26 ,458± sq . ft . site . No expan-
sion or extension of the welding uses are covered by this
variance , or the previous variance , into the abutting
southerly parcel (Lot 12 ) .
11 . It should be further understood that the grant of
this variance is limited to permit the construction of a
50 ' by 70 ' accessory building and requiring the removal of
all outside storage of equipment , vehicles , vehicles parts ,
and other paraphernalia , for proper placement within the
building . No dismantled vehicles or related items shall
be permitted in the outside yard areas . It should also be
understood that the grant of this variance does not prevent
or prohibit steps for enforcement of violations as may be
deemed necessary .
In considering this appeal , the board also finds and
determines that by permitting the construction of an
50 ' by 70 ' building as conditionally noted below : (a)
the use will not prevent the orderly and reasonable use
of this and surrounding properties ; (b) the plight of
the owner is due to unique circumstances and not to the
general conditions in the neighborhood which may reflect
the unreasonableness of the zoning ordinance itself;
(c ) that the use thereof will not alter the essential
character of the locality ; (d ) that the use thereof
is consistent with the prior use variance since there
will be no change ; (e ) the owner would not be. deprived
of _his rights to construct and continue the permitted
use ; (f) the use thereof will not prevent the orderly
and reasonable use of this district or adjacent use
districts ; (g ) the safety , health , welfare , comfort ,
convenience and order of the town will not be adversely
affected ; (h ) there is no other method feasible for
appellants to pursue other than a variance ; (i ) the
hardship is unique ; (j ) and in view of the manner in
which the hardship arose , the interests of justice will
best be served .
Accordingly , on motion by Mr . Douglass , seconded by
Mr. Goehringer , it was
Southold Town Board of Appeals -13.- December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING, decision :)
RESOLVED , to APPROVE the construction of an 50 ' by
70 ' building in the Matter of NORTH FORK WELDING under
Appeal No . 3550 , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The "welding" use must be conducted within the
building at all times ;
2 . No outside storage ;
3. No retail sales of flammable materials (such as
gasoline , oil , etc . ) ;
4. Entrance and exit driveways shall have an unres-
tricted width of not less than 12 feet and not more than
30 feet , and shall be located not less than 10 feet from
any property line , laid out as to avoid the necessity of
any vehicle backing out across any public right-of-way ;
5 . Vehicle lifts , pits , dismantled or inoperative
vehicles , and all parts and supplies , and similar items
shall be located within a building ;
6 . All service or repair , except minor servicing
(such as changing of tires ) shall be conducted in. a building ;
7 . The storage of any gasoline or flammable oils in
bulk for the owner ' s use only must be located fully under-
ground and not less than 35 feet from any property line
other than a street line ;
8. Additional or other new buildings (except fences
and screening ) require an application for consideration to
both the Zoning Board of Appeals and the Planning Board ;
9 . The proposed building :
(a ) shall be used primarily for storage purposes ;
(b ) shall not exceed 50 ' by 70 ' in size ;
(c ) shall not be set back less than 40 feet from
the. front property line , not less than. 25 feet
from the west (side ) property line , not
closer than 25 feet to the existing welding
business structure , and not closer than 35
feet to the wetlands (ditch ) area at its closest
points ;
(d ) shall not exceed 18 feet in height at eaves and
Southold Town Board of Appeals -14- December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING , decision : )
25 feet at peak [as applied] ;
(e ) shall not be located closer than three feet
from the rear .property line which abuts the
northerly line along Lot 12 .
10 . All water must be retained on site (for example , dry
wells ) ;
11 . This variance does not include "welding uses" which
could be expanded or extended onto the adjoining
parcel ( Lot 12 ) , but does recognize the "welding use "
upon this 26 ,458± parcel (described on Page 2 , para-
graph 5 hereof) , at this time . If the rear (southerly)
lot should become merged as one lot (combined with the
front (northerly parcels ) , applicant may apply for
reconsideration .
12 . No additional commercial uses , except those uses
accessory and incidental to the welding business ;
13 . This variance will automatically expire in 18 months
from the date of filing this variance with the Town
Clerk in the event the building has not been constructed .
14 . Minimum screening as follows :
(a ) Five-foot wide screening with trees , bushes (or
similar type ) five feet off the front property
line at a minimum height of three feet extending
a length from the northeast corner of the existing
welding building to the northwest corner of the
property (except clearances for egress/ingress ) ;
(b ) Four-foot stockade fencing may be substituted
for the screening in 14 (a ) above ;
(c ) Other screening as recommended by the Planning
Board in its site-plan review.
15 . Final approval of the Site Parking and Screening
Plan by the P.lanning Board in accordance with Article
.XIII and Article VI , Section 100-60 for this proposal ;
16 . Referral of this action to the Suffolk County Planning
Southold Town Board of Appeals -15- December 11 , 1986 Regular Meeting
(Appeal No . 3550 - SCHOENSTEIN/NORTH FORK WELDING , decision : )
Commission in accordance with Sections 1323 , et seq . of
the Suffolk County Charter .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent due to
illness . ) This resolution was unanimously adopted .
PENDING DECISION : Appeal No . 3562 :
Application of ANA G . STILLO for Variances : (1 ) to the Zoning
Ordinance , Article III , Section 100-31 , for approval of insufficient
lot area , width and depth of three parcels in this pending Minor
Subdivision , and (2 ) to New York Town Law , Section 280-a for
approval of access over private right-of-way extending from the
north side of Main Road to the premises in question . Location
of Property : ROW off the north side' Main Road , Orient , NY ; County
Tax Map District 1000 , Section 14 , Block 2 , Lot 26 , containing
3 . 2 acres total .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on
November 20 , 1986 in the Matter of the Application of
ANA G. STILLO .under Appeal No . 3562 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact:
1 . The premises in question is a described parcel of
land containing a total area of 3 . 2 acres which extends at
So'uthol'd Town Board of Appeals -16-December 11 , 1986 Regular Meeting
(Appeal No . 3562 - ANA G . STILLO, decision , continued : )
the north end of a 20 ' right-of-way 300 . 43 feet from the
north side of the Main Road , Orient , Town of Southold , and
is more particularly designated on the Suffolk County Tax
Maps as District 1000 , Section 014 , Block 2 , Lot 26 .
2 .' The entire premises is vacant.
3 . This is an application requesting : (a ) approval
of the proposed insufficient area of proposed Parcel #1 of
1 . 2 acres , 'or: 52 ,272., sq . ft. ; Parcel_ #2. of 43, 560 .sq . ft .
0 . 0 acre ) ; and Parcel. ._#3 of 43 , 560 sq . ft-. .'(1A acre ) ;_.
and each having an insufficient average depth [east-west]
of 157± feet , and ' (b) approval of .access over a 20- ft.
wide right-of-way extending 30.0. 43 from the north side of
the Main Road to the beginning of the 3 . 2-acre parcel .
4. Town records show that the subject 3 . 2-acre
parcel was conveyed to the applicant on_ Ju'ly 20, 1 .983 ,
Liber 9393 cp 136 .
5 . Variances of 27 ,600 sq . ft . , or 34. 5% of the
minimum lot area requirement of 8.0 ,000 sq . *.ft . (adopted
May 20 , 1983 ) for proposed Lot. #l , and 35 , 200 sq . ft.
or 44% for each of the remaining two proposed parcels ,
are requested. The percentages . requested are substantial
in relation to the zoning requirements .
6 . It is noted for the record that : (a ) by
letter dated April 24., 1986 , the N . Y. S. Department of
Environmental Conservation _wa.ived _j_urisdic_tion ;
(b) the Suffolk County Department _of Health Services
approved this_ three-lot division October 21 , 1986 ;
(c ) an application is pending before the Southold Town
Planning Board for a minor subdivision which has not
as of this date been finalized .
7 . It is further noted for the record that premises
to the west (Malin ) consists of 10+ acres . Premises to
the east are two minor subdivisions finalized prior to
the enactment of the 80 ,000-minimum lot _area requirement ,
to wit , the most northeasterly five-lot minor subdivision
(approved November 29 , '1972 , .Frank Sti.11o) , and the
southeasterly three-lot minor subdivision (approved
June 12 , 1979 , P. Sledjeski ) . ' Properties further east
thereof vary from four to nine ._acres , or more .
Southold Town. Board of Appeals -17- December 11 , 1986 Regular Meeting
(Appeal No . 3562 - STILLO , decision , continued : )
8 . With reference to the request for approval of
access pursuant to New York Town Law , Section 2807a ,
it is the opinion of this board that improvements over
the 20-ft . wide right-of-way are necessary and are
further stipulated , infra. It should be understood that
the conditional approval of access is to the
premises as a whole (3 . 2 acres ) .
In considering . this appeal , the board also finds
and determines that the area variances requested must
be denied since : ' (a ) the percentage of re_.lief requested
is substantial , being a variance of ,34._57. _and.- mor.e' of
the requirements ; (b ) the circumstances are not unique ;
(c ) there would be a substantial change in the character
of the neighborhood , . setting a precedent for similiar
situations in the area; (d) the relief .requested is not
the minimal necessary; (e ) there is _a method feasible
for appellant to pursue other than the variances requested;
(f) this_ .project is not consistent with the spirit and
intent of the zoning ordinance ; (g ) in view of the
.manner in which the difficulty arose and in considering
all the above factors , the interests of .justice will be
served by de'ny_i ng the variances as applied.
Accordingly , on motion by Mr. Douglass , seconded by
Mr . Sawicki , it was
RESOLVED , to 'DENY the area variances requested for
the three proposed parcels ; and be it further
RESOLVED , to GRANT Approval of Access pursuant to
New York :Town Law ,-. Section_.. 280-.a over the 2-0-foot wide
right-of-way extending from the north side of the Main
Road a distance of' 30O . 49. feet to the northwesterly
section . of- the - subject - 3 . 2-acre premises ; 'SUBJECT 'TO
THE FOLLOWING CONDITIONS :
-
I That -the applicant' s. l'egal right to use this
20-.ft.. Wide right-o-f--way be in full force and effect;
2 . That this approval of access is granted for
one dwelling (one lot ) and shall not 'be recognized as
Southold Town Board of Appeals -18- December 11 , 1986 Regular Meeting
(Appeal No . 3562 - STILLO , decision , continued : )
approval of access for any --other dwellings ;
3 . That the right-of-way be cleared and improved
a full 10-feet in width as follows :
Excavate 12" deep (or to sand ) and replace with
bank run containing a 20% stone content , and add two
inches (2 " ) of stone blend or crushed concrete as top
layer .
4. Final acceptance of improvements to be made as
authorized by the Board of Appeals , and if inspected and
approved by the Building Inspector , a copy of his written
report and acceptance to be submitted to the Board of
Appeals .
Vote of the Board : Ayes : Messrs . Goehringer ,
Doyen , Douglass and Sawicki . This resolution was duly
adopted . (Member Grigonis was absent d.ue to illness.. )
PENDING DECISION : Appeal No . 3565 :
Application of FRANK FIELD 'REALTY INC . for Variances to the
Zonin.g Ordinance , Article. III , Section 100-31 for permission to
establish two-family dwelling use on a parcel of land containing
less than 160 ,000 sq . ft . in area , 270 ft . lot width , 400 ft . lot
depth , and with insufficient frontyard , sideyard and rearyard set-
backs . Location of Property : 320 Linnett Street , Greenport , NY;
Map of Greenport Driving Park #369 , Lots #71 and #72 ; County Tax Map
District 1000 , Section 48 , Block 2 , Lot 36 . 1 .
Following deliberations , the board took the following
action :
WHEREAS , a public hearing was held and concluded on Novem-
ber 20 , 1986 in the Matter of the Application of FRANK FIELD REALTY
INC . under Appeal No . 3565 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ;. ,and
WHEREAS , the board members have personally viewed and are
Southold Town Board of Appeals -19-December 11 , 1986 Regular Meeting
(Appeal No . 3565 - FRANK FIELD REALTY , decision , continued : )
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located in the "A" Resi -
dential and Agricultural Zoning District , containing a total lot
area of . 258 acreage , or 11 , 261 sq . ft . and lot width of 100 feet
along the north side of Linnett Street , Hamlet of Greenport , Town
of Southold .
2 . The subject premises is referred to as Lots #71 and #72
as shown on the 1909 Subdivision Map of "Greenport Driving Park , "
and more particularly identified on the' Suffolk County Tax -Maps as
District 1000 , Section 48 ,. Block 2 , Lot 36 . 1 .__ The premises is
improved with a one-story st_ucc dwelling .structure set back
192 feet from the front _property line -and- four feet from the
west side_ property_ line .
3. By this application , appellant requests permission
to establish and construct a two-fa mi.l_y residence to be located
35 feet .from the front property line ,_ 22 feet from the east
side property line , 42 feet from the rear property line and
14 feet from the west property line , 'as depicted on survey
amended .April 3 , 1986 , prepared. by' Roderick VanTuyl , P . C.
4 . The applicant proposes to remove the existing
structure which i_s _in poor_ co_ndition . Certificate of Occu
Nonconforming Premises. No . Z15038 issued October 24 , 1986
indicates the premises (combined Lots 71 and 72 ) for one- family
use .
5 . Article III , Section 100-.30 (B) [1 ] of the Zoning
Code permits two-family dwellings_ as__ a special _exception ,
subject to site-plan approval by the Planning Board , and
in accordance with the bulC req..uiremep.ts', Column A- 160 of
the Zoning Code .
6 . Column A-160 .of the Zoning Code requires a
minimum lot area of _160,.000 sq . ft. , 270 ft.. lot width ,
400 ft . lot depth , and frontyard_ setback at. 60 feet ,
sideyards at 30 and 50 feet ,_ and rearyard at 75. feet.
7 . A variance is requested for more than 90% as to
insufficient lot area , which. is substantial in relation to
the requirements .
8 . The "Greenport Driving Park" Map was filed in
1909 with the . Suffolk _County Clerk ,__ and- there is no record
of town approval_ fo_r this subdivision . Lots #71 and #72
Southold Town Board of Appeals -20- December 11 , 1986 Regular Meeting
(Appeal No . 3565 - FRANK FIELD REALTY , decision , continued : )
have not been held in single and separate ownership and
therefore may not be recognized by this Board as two
separate building lots .
In considering this appeal , the board determines :
(a ) the percentage of relief requested is substantial ,
being a variance of 90% of the lot area requirements ;
(b ) the circumstances are not unique ; (c ) the practical
difficulties and hardship are self-imposed ; (d) a grant-
ing of the variances would affect the character of the
neighborhood , setting a precedent for other properties in
the area ; (e ) this_. project is not consistent with the
spirit and intent of _the_ zoning ordinance ; (f) the parcel
in question has bee._n and i s zo_ned for single-family use as
permitted by Section 100-30 (A) of the Zoni.ng _Code ,_ and a
granting of the variance would not be consistent with the
spirit of the zoning ordinance ; ' (g ) there is no other
method feasible for appellant to pursue other than a
variance ; ' (h ) that in view of the manner in which the
difficulty arose , justice will be served by denying the
variances applied .
Accordingly , on motion by Mr . Doyen , seconded by
Mr . Goehringer , _it was
RESOLVED , to 'DENY the Variances requested under Appeal
No. 3565 in the Matter of the Application of. FRANK A. FIELD
REALTY INC . for insufficient lot. area , width , depth , front
yard , side yard , and rear yard setbacks , for this two-family
dwelling proposal .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Douglass and Sawicki .. (Member Grigonis was absent due to
illness . ) This resolution was duly adopted .
Southold Town Board of Appeals -21 - December 11 , 1986 Regular Meeting
PENDING DECISION : Appl . No . 3566SE :
Application of FRANK FIELD REALTY INC ._ for a Special Exception
to the Zoning Ordinance , Article_ III , _Section 100-30 (B) for permission
to establish two-family use at premises referred to as 320 Linnett
Street , Greenport , NY ; Map of Greenport Driving Park #369 , Lots #71
and #72 ; County Tax Map District 1000 , Section 48 , Block 2 , Lot 36 . 1 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on Novem-
ber 20 , 1986 in the Matter of the Application of FRANK FIELD REALTY
INC . under Application No . 3566 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located in the "A" Resi -
dential and Agricultural Zoning District , containing a total lot
area of . 258 acreage , or 11 ,261 sq . ft . and lot width of 100 feet
along the north side of Linnett Street , Hamlet of Greenport , Town
of Southold .
2 . The subject premises is referred to as Lots #71 and #72
as shown on the 1909 Subdivision Map of "Greenport Driving Park , "
and more particularly identified on the Suffolk County Tax Maps as
District 1000 , Section 48 , Block 2 , Lot 36 . 1 . The premises is
improved with a one-story stucco dwelling structure set back
192 feet from the front property line and four feet from the
west side property line .
3 . By this application , applicant requests a Special
Exception to permit establishment of a two-family residence to
be located 35 feet from the front property line , 22 feet from the
east side property line , 42 feet from the rear property line and
Southold Town Board of Appeals-22- December .11 , 19.86 Regular Meeting
(Appeal No . 3566SE - FRANK FIELD REALTY , decision , continued : )
14 feet from the west property line , as depicted on survey
amended April 3 , 1986 , prepared by Roderick VanTuyl , P . C.
4 . The applicant proposes to remove the existing
structure which is in poor condition. Certificate of Occu-pancy
Nonconforming Premises No . Z15038 issued October 24 , 1986
indicates the premises (combined Lots 71 and . 72 ) for one-family
use .
5 . Article III , Section 100-30 ( B) [1 ] of the Zoning
Code permits two-family dwellings as a special exception ,
subject to site-plan approval by the Planning Board , and
in accordance with the bulk requirements , Column A-160 of
the Zoning Code .
6 . Column A-160 of the Zoning Code requires a
minimum lot area of 160 ,000 sq . ft. , 270 ft . lot . width ,
400 ft . lot depth , and frontyard setback at 60 feet ,
sideyards at 30 and 50 feet , and rearyard at 75 feet .
7 . For the record , it is noted that simultaneously
herewith the application for variances from the provisions
of the zoning code Bulk Schedule , was denied under Appeal
No . 3565 for the reasons stated therein .
8 . It is further noted for the record that the
"Greenport Driving Park" Map was filed in 1909 with the
Suffolk County Clerk , and there is no record of town
approval for this subdivision . Lots #71 and #72 have not
been held in single and separate ownership and therefore
may not be recognized by this Board as two separate building
lots (as indicated in the application) .
9. Considering all .of the above , the board finds
that it cannot approve this Special Exception request which
is not in conformance with the requirements of the zoning
code , and that it is without authority to grant legislative
relief accordingly.
In considering this application , the board also
finds and determines that (1 ) the proposed use will
prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts ;
(2 ) the proposed use will effect the safety , welfare ,
comfort , convenience and order of the town ; (3 ) the
Southold. To.w.n. Board of. Appeals -23- December 11 , 1986 Regular Meeting
(Appeal No . 3566SE - FRANK FIELD REALTY , decision , continued : )
proposed use is not in harmony with and will not promote,
the general purposes and intent of the zoning ordinance ;
(4 ) that the land in question can yield
a reasonable return if used only single-family use allowed
in this zone district ; (5 ) that the plight of the owner
is not due to unique circumstances which may reflect the
unreasonableness of the zoning ordinance itself; (6 )
the proposed use will alter the essential character of the
neighborhood . The board has also considered subsections
[a] through [l ] of Article XII , Section 100- 121 ( C) [2] of
the Zoning Code .
Accordingly , on motion by Mr . Doyen , seconded by
Mr . Goehringer , it was
RESOLVED , to DENY the Special Exception request under
Application No . 3566 in the Matter of FRANK A. FIELD REALTY INC .
for this two-family dwelling proposal .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Douglass and Sawicki . (Member Grigonis was absent due to
illness . ) This resolution was duly adopted.
REQUEST FOR REHEARING: Appeal No . 3520 - THOMAS SHALVEY .
The board discussed the request received November 26 , 1986
from Mr. Henry E . Raynor , Jr . , as Agent for Mr . Shalvey for
reconsideration of this :Board ' s decision rendered October 2 ,
1986 which denied the area variances for this two-lot division
of property. Each of the items were considered in Mr.
Rayhor ' s letter and the board members agreed that the
information submitted was not sufficient to warrant a
rehearing . It was noted that none of the facts had changed ,
and the Board is not authorized to ' grant a variance for
personal hardship .
On motion by Mr . Sawicki , seconded by Mr . Douglass ,
it was
RESOLVED , to deny the rehearing request received
November 26 , 1986 in the Matter of Appeal No . 3520 (rendered
October 2 , 1986 ) concerning premises identified on the
Suffolk County Tax Maps as District 1000 , Section 116 ,
Block 2 , Lots 15 and 16 . Vote of the Board : Ayes : Messrs .
Sawicki , Douglass and Doyen . (Chairman Goehringer abstained
from vote . Member Grigonis was absent due to illness . )
This resolution was duly adopted .
Southold Town Board of ,Appeals -24- December ,11 , 1986 Regular Meeting
PEND.I.NG DECISION : Appl . No . ' 3568 :
Application of STAMATIOS AND 'ALENI RAPANAKIS for a Special Exception
to the---
Zoning Ordinance ; to establish one accessory apartment in the
existing dwelling structure in accordance with the requirements of
Article III , Section 100-30 ( B) , subsection [15] . Location of Property :
2030 Boisseau Avenue , Southold , NY ; County Tax Map District 1000 ,
Section 55 , Block 6 , Lot 40 .
Following deliberations , the. board took the following action :
WHEREAS , a public hearing was held and concluded November 20 ,
1986 in the Matter of the Appli.cation of STAMATIOS AND ALENI RAPANAKIS
under Application No . 3568; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar, with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . By this application , applicants request a Special Exception
to the Zoning Ordinance , Article III , Section 100-30 ( B) , subsection
[15] for permission to create an accessory apartment in an existing
principal dwelling structure in accordance with the requirements
therein .
2 . No additions to the existing structure are proposed or
considered under this application for an accessory apartment .
3 . The premises in question is located in the "A" Residential
and Agricultural Zoning District , containing a lot area of 35 ,688. 71 ± sq .
ft . with frontage along Boisseau Avenue of 183 . 05 feet , and is improved
with the following structures : (a ) two- and-one-half story frame house
set back 35 feet from the front property line and 44 feet from the
most northerly line [exclusive of right-of-way] ; (b ) accessory garage
structure in the rearyard area , (c ) accessory barn structure at the
most northeast corner of the property , all as shown by survey dated
June 25 , 1985 , prepared by Roderick VanTuyl , P . C . The subject
premises is identified on the Suffolk County Tax Maps as District
Southold Town Board of Appeals -25- December 11 , 1986 Regular Meeting
(Appeal No . 3568 - RAPANAKIS decision , continued : )
1000 , Section 055 , Block 6 , Lot 40 .
4. The present dwelling contains an area of 1778 sq . ft.
on the first floor and 1192 sq . ft . on the second floor , all as
depicted by the Assessors Property Tax Card , which includes the
established apartment of a minimum of 450 sq . ft. and which shall
not exceed 1188 sq . ft . as required by paragraphs #4 and #5 of
Section 100=30 ( B) [15] of the Zoning Code .
5 . It is noted for the record this premises is the subject
of a prior action taken by this Board January 21 , 1986 under Appeal
No . 3405 .
In considering this application , the board finds and deter-
mines that : (a ) the use requested will not prevent the orderly
and reasonable use of adjacent properties or of properties in
adjacent use districts ; (b ) the use will not adversely affect
the safety , welfare , comfort , convenience or order of the town ;
(c ) the use is in harmony with and will prompte the general
purposes and intent of zoning . The board has also considered
subsections [a] through [1 ] of Article XII , Section 100-121 (C) [2]
of the Zoning Code .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Douglass , it was
RESOLVED , that a Special Exception for permission to
create accessory apartment as provided in Article III , Section
100-30 ( B ) [15] of the Zoning Code , applied in the Matter of
STAMATIOS AND ALENI RAPANAKIS under Application No . 3568 ,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Any and all accessory buildings shall not be converted
for habitable , sleep or living area , and accordingly must remain
for garage or storage purposes incidental to the residential use
of the premises ;
2 . Compliance of Subsections (a ) through (p ) of
Article III , Section 100-30 ( B) [15] of the Zoning . Code , to wit :
(a ) The accessory apartment shall be located in the
principal building;
(b) The owner of the existing dwelling shall occupy
one of the dwelling units as the owner ' s principal residence . The
other dwelling unit shall be leased for year-round occupancy,
evidenced by a written lease for a term of one or more years ;
(c ) The existing one- family dwelling shall contain
not less than sixteen-hundred [1600] sq . ft... of liveable floor
area ;
(d ) The accessory apartment shall contain not less than
Southold Town Board of Appeals -26- December 11 , 1986 Regular Meeting
(Appl . No . 3568-SE - RAPANAKIS decision , continued : )
four-hundred fifty (450 ) sq . ft . of liveable floor area ;
(e ) The accessory apartment shall not exceed forty [40%]
percent of liveable floor area of the existing dwelling unit ;
(f) A minimum of three off-street parking spaces shall
be provided ;
(g ) Not more than one (1 ) accessory apartment shall be
permitted on this lot ;
(h ) The accessory apartment shall meet the requirements
of a dwelling unit as defined in Section 100-13 of the Zoning Code ;
(i ) The exterior entry to the accessory apartment shall
to the maximum extent possible retain the existing exterior appear-
ance of a one-family dwelling ;
(j ) All exterior alterations to the existing building ,
except for access to the apartment , shall be made on the existing
foundation ;
(k ) Certificate of Occupancy shall terminate upon the
transfer of title by the owner , or upon the owner ceasing to
occupy one of the dwelling units as the owner ' s principal residence .
In the event of an owner ' s demise , the occupant of an accessory
apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling or one ( 1 ) year from the date of said
demise , whichever shall first occur ;
(1 ) All conversions subject to inspection and approval
of the Building Inspector and renewal of Certificate of Occupancy
annually ;
(m) The building which is converted to permit an
accessory apartment shall be in existence and have a valid Certi -
ficate of Occupancy issued prior to January 1 , 1984;
(n ) The existing . building , together with the accessory
apartment , shall comply with all other requirements of Chapter
100 of the Town Code of the Town of Southold ;
(o ) Notwithstanding the provisions of Section 100-30 ( B)
hereof , no site plan approval by the Planning Board shall . be
required for the _establishment of an accessory apartment ;
(p ) Suffolk County Health Department water and sewage
Southold Town Board of Appeals -27 December 11 , 1986 Regular Meeting
(Appl . No . 3568 - RAPANAKIS decision , continued : !).
system approvals .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent due to illness . )
This resolution- was duly adopted .
PENDING DECISION : Appeal No . 3569:
Application of BOATMAN ' S HARBOR MARINA for a Variance to
the Zoning Ordinance , Article XI , Section 100-119. 2 for permission
to construct addition to existing dwelling with an insufficient
setback from existing bulkhead . Location of Property : 3350 West
Creek Avenue , Cutchogue , NY ; County Tax Map District 1000 ,
Section 110 , Block 01 , Lot 12 .
Following deliberations , the board took the following
action :
WHEREAS , a public hearing was held. and concluded on
November 20 , 1986 in the Matter of the Application of BOATMAN ' S
MARBOR MARINA under Appeal No ., 3569; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the board has carefully considered all testimony and
(continued on page 28 )
Southold Town Board of Appeals -28- December 11 , 1986 Regular Meeting
(Appeal No . 3569 - Boatmen ' s Harbor Marina , decision , continued : )
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . By this application , appellant requests a Variance from
the Provisions of Article XI , Section 100-119. 2 for permission 'to
construct a 32 ' by 40 ' two-story addition attached to the existing
dwelling at the west side , as more particularly shown on sketched
survey prepared for Charles C. Galardi by Roderick VanTuyl , P . C .
dated April 8 , 1976 . The variance required for this project is
an insufficient setback at 32 feet from the outer edge of the
existing bulkhead to the new proposed addition .
2 . The premises in question is a described parcel
consisting of approximately four acres total area with 587±
feet along West Creek Avenue and fronting along Wickham Creek .
. The premises is located in the "B-l " General Business Zoning
District , and is improved and used as more particularly shown
on survey dated April 8 , 1976 prepared by Roderick VanTuyl ,
P . C . and on the Town of Southold Property Assessment Card ;
County Tax Map District 1000 , Section 110 , Block 1 , Lot 12 .
3 . The setback of the existing lZ-story dwelling
structure is shown to be 26± feet at its nearest corner to
the outer edge of existing bulkhead . The setback requested
for the proposed garage structure is at 32 feet .
4. Article XI , Section 100-119. 2 ( B) requires all
buildings proposed on lots adjacent to tidal water bodies
other than the Long Island Sound at not less than 75 feet
from the ordinary highwater mark .
5 . The Courts have held that the area setback
variance must meet the "practical difficulties " standard ,
considering as follows : (a ) that the relief requested is
not substantial in relation to the requirement ; ( b ) that
the project as proposed is not out of character with the
neighborhood ; (c ) the circumstances of the property are
unique and are not personal in nature ; (d ) that the
variance will not in turn be adverse to the safety , health ,
comfort , convenience or order of the town ; (e ) that the
variance requested is the minimal necessary ; (f) there is
no other method . feasible for appellants to pursue other
Southold Town Board of Appeals-29-December 11 , 1986 Regular Meeting
(Appeal No . 3569 - BOATMEN ' S HARBOR MARINA decision , continued : )
than a variance .
6 . It is the opinion of the board that the relief
requested is the minimal necessary under the circumstances ,
leaving no other method feasible for appellants to pursue .
7 . It is noted for the record that a conditional
waiver was granted by the Town Board of Trustees dated
November 5 , 1986 for this proposal .
In considering this appeal , the board also finds and
determines : (a ) that the project as proposed is not out
of character with the area ; (b) the relief requested is
not substantial in relation to the existing established
setback , although the relief requested is substantial in
relation to the requirement ; (c ) the circumstances of
the property are unique ; (d ) the variance will not in
turn be adverse to the safety , health , welfare , comfort ,
convenience or order of the town ; (e ) there is no other
method feasible for appellant to pursue other than a
variance ; (f) there will be no substantial detriment
to adjoining properties ; (g ) in view of the manner in
which the difficulties arose and in view of the above
factors , the interests of justice will be served by
granting the variance , as conditionally noted below.
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Goehringer , it was
RESOLVED , to APPROVE an 32 ' by 40 ' addition attached to
existing lZ-story frame dwelling structure with a setback of
not less than 32 feet from the existing bulkhead as applied
under Appeal No . 3569 for BOATMAN ' S HARBOR MARINA, SUBJECT TO
THE FOLLOWING CONDITIONS :
1 . That the addition be used for garage and storage use
at the first-floor level , as applied ;
2 . That all parking must be on the property;
3 . Any and all future construction will require parking
and site plan approvals by the Planning Board for this
commercial zoning district .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals -30- December 1.1 , 1986 Regular Meeting
NEW. 'R.EVIEW: - Appeal.- No . 3589: Ap,p Ucation for Variances
filed by Mrs_o. Mary 'Mooney-Getoff in a proposed division of land
at_ Waterview Dr_ive , ' Southold . The board .reviewed the file and
the following resolution was adopted :
On motion by Mr . Goehringer , seconded by Mr . Douglass , it
was
RESOLVED , to temporarily hold in abeyance Appeal No . 3589
of MARY MOONEY=GETOFF pending,_ the following :
(a ) receipt of action from the Suffolk County Health
Department concerning Article 6 ;
(b ) clarification in writing by the applicant as to the
number and size of lots proposed in this project;
(c ) input or comments from the Southold Town Planning
Board .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent due to illness . )
This resolution was duly adopted .
ENVIRONMENTAL DECLARATIONS (SEQRA) :
After review of each of the following matters , the board
took the following action :
On motion by Mr . Douglass , seconded' by Mr . Goehringer , it
was
RESOLVED , to declare the following Environmental Declara-
tions on each of the following new files in accordance with the
N . Y . S . Environmental .Qu.a_lity Review_ Act (SEQRA) , Section 617 ,
6 NYCRR and Chapter . 44 o.f the Code of the Town of Southold :
(a ) Eugene Davison - Appeal No . 3216 ;
(b) Frank and Delores Davies - Appeal No . 3577 ;
(c ) _Arthur Esslinger - Appeal No . 3578 ;
(d ) Nicholas Babalis - Appeal No . 3580 ;
(e ) Charles and Sandra Blake - Appeal No . 3579;
(f) Robert Egan - Appeal No . 3557 ;
(continued on pages 31 through 36 )
Southold Town Board of Appeals -31 - December 11, 1986 Regular Meeting
L
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3216
PROJECT NAME: EUGENE D'AVI'SON ---
i
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: Establish" apartment over horse stable
(second dwelling unit upon 9 . 8 acre parcel) .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: S/s Sound Avenue, Mattituck-, NY 121-03-05
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 building
construction.
1 3) This is an application concerning use of the premises and is
not directly related to new construction.
Southold 'Town Board of Appeals -32- December 11, 1986 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3577
PROJECT NAME: FRANK AND DELORES DAVIES
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:Replace accessory shed in the north- side-
yard area.
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: 2285 Pine .-Tree Road; Cutchogue, NY .104-03-02
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) Construction proposed is landward of existing structures.
Southold Town Board of Appeals -33- December 11, 1986 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3578
PROJECT NAME: ARTHU'R 'E'S'SLINGER ---
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 A ]
DESCRIPTION OF ACTION: Locate accessory storage shed within 75 '
of existing bulkhead/wetlands area
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: 1515 Arshamomaque...Ave. , Southold, NY 66-03-11
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) Separating the project in question from the waterfront or
environmental area is a bulkhead or concrete barrier in good condition.
(3) The relief requested is a setback variance regulated as provided
in Section 617 . 13 of the State Environmental Quality Review Act, 6 NYCRR.
Southold Town Board of Appeals- -34- December 11, 1986 Regular Meeting
(Environmeptal Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3580
PROJECT NAME: NICHOLAS BAB'ALIS ---
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 construct new dwelling with
insufficient north sideyard and total sideyards.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 3360 Rocky. Point Road, East_Marion, NY
21-04-09
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 a setback variance regulated as provided-
in Section 617 . 13 of the State Environmental Quality Review Act, 6 NYCRR.
Southold 'Town Board of Appeals -35- December 11, 1986 Regular Meeting
I
:f
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3579
PROJECT NAME: CH'ARLE'S' 'AND' 'S'ANDRA B'LAK'E
i
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.
I.
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: Variance for approval of access over
Old Woods Path
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Private Road #10 ,. Southold, NY' 87-01-23. 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 building
construction.
i
i
i
Southold 'Town Board of Appeals -36- December 11, 1986 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3557
PROJECT NAME: ROBERT 'EGAN
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 Amend Conditional Approval Ren-
dered 11/3/86 to allow reconstruction of dwelling with insufficient set-
backs upon foundation, as exists, 5 and 12 ' rather than 7 and 12 '
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 330 Knoll. Circle, ...East Marion, NY 37-05-12
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 a setback variance regulated as provided
in Section 617 .13 of the State Environmental Quality Review Act, 6 NYCRR.
Southold Town Board of Appeals -37- December 11 , 1986 Regular Meeting
(Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent due to illness . )
This resolution was duly adopted .
NEW REVIEW: Application No . 3586 - MR. AND MRS . ROBERT DIER
For a Special Excepti_o_n__ to establish and .operate Bed and Breakfast
_Facility. In reviewing the file , it was noted that there has been
an existing apartment in the accessory garage structure which is
not reflected in the June 6 , 1977 Certificate of Occupancy #Z7701
submitted with the application . The Board directed that - a letter
be sent to the applicants as to proof of the date of establishment
of the apartment , or. town approvals , -if any , before scheduling
this matter for a public hearing .
NEW REVIEW : Appeal No . 3593 - THE QUIET MAN INN for
a Variance to construct. addition for restaurant/seating with
an insufficient frontyard setback from Hobart Road , Southold .
The. Board directed that this matter be held in abeyance , in
accordance with its usual policy , requesting review by the
Planning Board for the proposed addition and increased seating ,
as well as reduction of parking area , etc . (Art . XIII , and
Art. _V_I I , Section 100-70A) . . .The Board dal so• i ndi cated that
before this hearing is advertised , three . copies of the approved
parking layout is required for our record and referral to the
Suffolk County Planning Commission .
NEW REVIEW : Appeal No . 3590 - MR . AND MRS . THOMAS J .
ZIMMERMAN . Variance to expand nonconforming second dwelling
structure in excess of 50% of existing . The Board reviewed
the file and took the following action :
On motion by Mr . Goehringer , seconded by Mr . Douglass ,
it was
RESOLVED , to hold temporarily in abeyance the Matter
of Appeal No . 3590 .for THOMAS J . AND CATHERINE ZIMMERMAN
pending receipt of .the following :
Southold Town Board of Appeals -38- December 11 , 1986 Regular Meeting
(Zimmerview, Review , continued : )
Copy of an Amended Certificate of Occupancy (or corrected )
of Nonconforming Premises (if available ) , clarifying legal use of
the building in question shown on survey dated April 4 , 1986 as
" fr . cottage . "
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Sawicki . (Member Grigonis was absent . ) This resolution
was duly adopted .
PUBLIC HEARINGS FOR JANUARY 8 , 1987 : On motion by
Mr . Douglass , seconded .by Mr. Goehr_ing_er , it was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to be held on THURSDAY , JANUARY 8 ,
1'987 at the Southold Town Hall , and be it further
RESOLVED , that Board Secretary Linda Kowalski is hereby
authorized and directed to advertise notice of same in the Suffolk
Times and Long Island Traveler-Watchman at least five days prior
to the date of hearing :
7 : 35 p .m, Appeal No . 3587 - ROBERT AND EILEEN M. JOHNSON .
Addition to existing dwelling with an insufficient setback from
tidal water area . 430 Corey Creek Road , Southold .
7 : 40 .p .m. Appeal No . 3594 - ANNE C . MASON . Deck addition
to existing .dwelling with an insufficient setback from tidal
wetland area . 1250 Lupton Point , Matti-tuck .
7 :45 p .m. Appeal No . 3585SE - ALVIN AND PATRICIA COMBS .
Special Exception to establish " Bed and. Breakfast" use . 2500
Peconi_c Lane , Peconic .
7 : 50 p .m. Appeal No . 3588SE - MARY J . MOONEY-GETOFF .
Special Exception to establish " Bed and Breakfast use . 1475
Waterv.iew Drive , Southold .
7 : 55 p .m. Appeal No . 3591 - PAUL STOUTENBURGH , JR.
Accessory windmill tower in excess of maximum-permitted 18 ft .
height requirement . 4015 Skunk Lane , Cutchogue .
8 : 00 p .m. Appeal No . 3583 - FREDERICK AND HELEN HRIBOK.
Insufficient southerly sideyard , total si eyar s , and setbac
from existing bulkhead along Arshamomaque Pond for garage
addition . 90_..Carole Road , Southold .
8 :05 p .m. - Appeal No . 3461 - HELMUT HASS. (1 ) Insuffi -
cient lot area and lot width, (2 ) establish existing residence
as princip.al ' use in this B-1 Business Zone ; (3 ) insufficient
liveable-floor area in existing dwelling of northerly parcel .
35350 C. R.,:. 48 , Peconic .
8.: 10 p .m. Appeal No . 3552 - JOHN SENKO . Shopping-
center use in this "B-1 " General Business Zone with 30 ,084 sq . ft .
N/s Main Road and W%s Ackerly Pond Lane , Southold .
Southold Town Board of Appeals -39a December. 11 ,, 1986 Regular Meeting
- - - - - - - - - - - - - - - -
(Pub.l'i'c Hearings 'for 'January '8th , continued : )
8: 30 .p .m. Appl . No . 3572SE - MICHAEL AND JOYCE MATTES . Special
Exception for- Bed and.. Breakfast use in existing building . Breakwater
Road , Mattituck .
8 : 45 p .m. Appeal No . 3584SE - DONALD AND JOANNE RITTER . Special
Exception to convert existing one-family dwelling to two-family
dwelling use . 2585 Peconic Lane , Peconic .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass
and Sawicki . _ (Member Gri gon-i s was abse►it . ) This- resolution was duly
adopted .
DELIBERATIONS PENDING : Appl . No . 3570 - PAUL HENRY . Special
Exception. for Bed and Breakfast Facility. The Chairman indicated
that the board will act on this matter at the next Regular Meeting .
DELIBERATIONS PENDING : Appeal No . 3574 - DR . JOHN A . LORETO .
Variance to place 10 ' by 14 ' shed on parcel abutting his dwelling
parcel . N/s Glen Court , Cutchogue . Prior building-permit and
Certificate of Occupancy files for both .parcels were reviewed
and the following were noted :
1 . 10 ' by 10.' tool shed on dwelling parcel (Lot #2 ) -
Building Permit #10807=Z , and .Cer.ti'ficate of Occupancy #Z-13329
dated April 5 , 1985 . Conditional Variance for 10 ' by .10 '
gazebo-type structure to the west of existing dwelling and not
closer than five feet to the west side line .
2 . Gazebo-accessory structure - Certificate of Occupancy
#Z-13326 dated April 5 , 1985 with a minimum setback of three
feet from the east property line .
3 . 14' by 14 ' gazebo-type structure shown on assessment
records on dwelling parcel .
4. Gazebo structure as sketched on survey has no
building permit of record. Assessment records show Lot #3
as vacant .
The Board directed that a letter be sent to the applicant
requesting a clarification of the- structures , as exist , and
whether the Certificate of Occupancy and Building Permits are
for the structures on the dwelling parcel (which are not shown
on the sketched survey submitted with this application ) . No
record was found for a permit on the vacant parcel . A
corrected survey of both pa.r. showing existing and proposed
is required'.
• Sout.h.o.l d. T.own. Board of Appeals -40- December 11 , 1986 Regular Meeting
Other Matters Pending Public Hearings (**awaiting additional
information ) continued :
( ) Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to
establish and build four two-story motel buildings contain-
ing 10 motel units for transient use , and an office
building of 2 ,500 sq . ft. in area on this 3. 721 -acre
parcel , zoned "B-Light. " S/s Main Road , Greenport (along
the east side of 7-11 ) . **Recessed hearing from 8/23/84
awaiting, Village of Gre'enport contracts to which this
plan is contingent upon before approval may be given .
(' Appeal No. 3298 - PORT OF EGYPT/C & L REALTY . Variance
to construct forty-unit .mote. on insufficient buildable
upland of 4 .83 acres and having insufficient sideyards .'
S/s Main Road (prev . Southold Fishing Station/Morris ) ,
Southold. **Await corrected site plans , topographical
survey including lowest floor elevations above mea sea
level , Suffolk County Health Department approval , N . Y . S .
Department of Environmenta] Conservation approval , comments
or input after review of the site plan by the Planning
Board , 1019/84.
( ) Appeal No. 2929 - 'SAL CAIOLA . Project proposed is ques-
tionable as to representation . Status/clarification awaited.
N/s C.-R. 48 , Southold . -
( ) Appeal No. 3183 - MARY N . CODE . Smith Drive , North , Southold .
Proposed reseparati.on of lots . Await DEC and Planning Board
applications to be completed and filed for input .
( ) Appeal No. 3274 - BEST, SCHMITT , SYVERSON . ROW off E/s Camp
Mineola Road along Great Peconic Bay,Mattituck . **Await
Co. Health , DEC and Planning Board before public hearing .
( ) Appeal No . 3558 - NICK AND ANNA PALEOS . 3 lots-insufficient
area , width , depth . S/s CR 48 , Peconic (formerly Hass ) .
Await Art . 6 subdivision approval before scheduling.
(P . B . review 10/6/86 ) . Henry Raynor , agent .
( ) Appeal No . 3561 - DOROTHY L . ROBERTSON . Area , width , depth
two lots . S/s Northview Drive , Orient. R. Bruer , Esq .
Await Art. 6 .
( ) Appeal No . 3581 - GEORGE DAMIEN . Jackson Street , New Suffolk.
Area ,_ width , depth-.variances . Await Art . 6 per Co . Health
Department communications .
S e 1 h o l d T o wn__-B o ar.cL.o.f_.--- p_.paa-1 s -41- D e c e m b e r ...11 , 1-9.8 6---R e-g-u-t-ar—M-e e t nl g
(' ) Appeal No . 3439 - ARNOLD AND KAREN BLAIR. Variance
for re-division into two. lots with insufficient area ,
and width at Cedar Lane and Beach Court , East Marion.
Gardiners Bay Estates Lots 151 thru 172 incl . adjoining
roads. **Await :..PB , Health Dept . Art . VI approvals/input .
[Possible Town Trustees jurisdiction-upland contains ,
wetland grasses] . [Building envelopes of buildable areas
not shown . ]
( ) Appeal No . 3445 - JULIUS ZEBROSKI : Variance for approval
of two lots having insufficient area . E/s Waterview
Drive and N/s Bayview Road , Southold . **Await Article VI
approval and copy of C .O . for existing land and buildings
[previous lot-line changes and conveyance0] . . PB comments
received. .
Appeal No. 3458 FRANK ZALESKI . Three-lot division with
lots having insuffcient .area_ , ,width and depth. Await
Co . Health Art. 6 and DEC.
( ; ) Appeal No . 3549 - JOAN KALIN AND BETSY GIBBS .
( 1 'Appeal No . 3462 - HERBERT MANDEL . Variance for approval
of three parcels having insufficient area. N/s Main
Road , East Marion . **Await Co . Health Art . VI and copy
of C.O.
( ) Appeal No. 3449 - FRANK AND ETHEL BEGORA. ' Variance for
approval of. three parcel s having insufficient area , depth
and width. N/s Main Road , East Marion . **Await County _
Health Art . VI , corrected maps and P . B.-'reviews after
submission of maps .
( . ) Appeal No . 3403 - 'ANNA- LORIA. Variance for approval of
two parcels having insufficient area , width and depth.
W/s First St . and N/s King St , New Suffolk. **Await
Co. Health Art : VI appl .' and approval /waiver .
Appeal No . 3426 - GERALD DOROSKI . Variance for approval .
of access (280-a) . N/s C . R. 48 , Peconic . **Await
additional information to clarify ROW and P . B .- input.
Appeal No. 3411 . ANDREW FOHRKOLB . Variance to restore
existing building for habitable use (additional dwelling
unit ) . W/s Lipco R6ad , Mattituck. **Await scaled floor
plans and C .O . or PreCO.
( ) Appeal No . 3514 -- 'GEORGE 'P . SCHADE . Area , width and
depth variances . _. wait . Hea t , Art. 6 waiver before
ng ) .
( ) Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Area , width
and depth variances . N/s Pine Tree Road , . Cutchogue .
-(Await . Co . Health Art . 6 waiver/approval before adv. )
( ) Appeal No . 3496 - FREDERICK KOEHLER , JR. Cabana/beach
house - structure within 75 feet of water along Cutchogue
Harbor. N/s Old Harbor Road , Cutchogue . (Await Co .
Health approval before advertising) . .
, Southold Town Board of Appeals -42- December 11 , 1986 Regular Meeting
Other Matters Pending Public Hearings (**awaiting additional
information as noted) , continued :
Appeal No. 3371 - FLORENCE ROLLE . Variance for approval
t of two parcels having Insufficient area , width and depth.
E/s Ole Jule Lane and N/s Kraus Road , Mattituck . **Await
Article VI application/approval by Co . Health and poss . DEC.
Appeal No . 3342 - PHILIP R . REINHARDT. Variance for
approval of two parcels having insufficient area and width.
**Reces,sed from 5/25/83 as requested by attorney for County
Health Department Art. VI approval /clearance (and DEC) ;
(. ) Appeal No.
living quarters over stable. *A equested
postponement tl4- u-r .r no ce and Planning Board revievls .
( ) Appeal No. 3191 - HERBERT MANDEL . Variance to change
lot line and construct garage in front/side yard areas .
E/s Inlet Lane- Extension , Greenport . Premises of R . E .
Clempner and Herbert Mandel are contiguous . **Await DEC & PB .
( • j Appeal No. 3249 - 'DONALD P. BRICKLEY . Variance for
approval of lots having insufficient ar.ea .and width .
S/s Bay Avenue and E/s Broadwater Drive , Cutchogue .
**Await DEC , Art. VI by County Health , and contour maps .
( ) Appeal No .
Condition No . 1 and the any 27 ' �. rendered i n
Appeals No. Recessed from 9/13/84 as
a=icant. sts for status have been
r
( ) Appeal No . 3268 = 'J : 'KATHERINE TUTHILL . Variance for
approval .:of parcels havingginsufficient area , width and
depth in this "C"•. zone. A*Await DEC and Co . Health Art . VI
application/actions . Planning Board recommended denial 9/84 .
(, 1 Appeal No . 3537 - ROBERT AND SUSAN D' URSO . Breezy Path ,
Southold . Await D. E. C. , o . Health an rustee after formal
applications to complete- ZBA file .
; . ) Appeal No . 3545 - PATRICK STIGLIANI . Main Bayview Road ;
Southold . Await Co . Health Art . VI and PB coordination .
( ) Appeal No . 3542 as Amended - TIDEMARK/CLIFFSIDE ASSOCIATES . -
Await copies of DEC , Co . Health and PB to complete SE file .
SEQRA process pending .
( Appeal No . 3546 - GREGORY FOLLARI . Relief :of ZBA condi -
tion requested concerning disturbance of soil at Sound bluff.
Await DEC action to alter bluff areas before proceeding .
( ) Appeal No . 3564 - JOHN DEMPSEY . No record of approval
Of Lot #2 , Minor Subdivision of Raeburn-Murphy (1979) . ROW
off N/s Oregon Road , Cutchogue . R. Bruer , Esq .
Southold Town Board of Appeals -43- December 11 , 1986 Regular Meeting
Other Matters Pendin Public Hearings (**awaiting additional
information as noted : [continued]
( ) Appeal No . 3511 - KAPELL .REAL ESTATE/LIMPET. Area ,
width and depth variances . Brown St , Greenport .
**Await Co . Health approval /waiver by advertising
deadline .
( ) Appeal No . 3439 - ARNOLD AND KAREN BLAIR. Variance
for re-division into two lots with insufficient area ,
and width at Cedar Lane and Beach Court , East Marion.
Gardiners Bay Estates Lots 151 thru 172 incl . adjoining
roads . **Await :.PB , Health Dept . Art . VI approvals/input .
[Possible Town Trustees jurisdiction-upland contains
wetland grasses] . [Building envelopes of buildable areas
not shown . ]
( : ) Appeal No . 3445 - JULIUS ZEBROSKI � Variance for approval
of two lots having insufficient area. E/s Waterview
Drive and N/s Bayview Road , Southold . **Await Article VI
approval and copy of C .O . for existing land and buildings
[p-revious lot-line changes and conveyances?] . PB comments
received .
( ) 61 - HELMUT HASS. . Variance for aporng
two business lots a dent area and
wi� �ecRnic . ** wai h Art . VI .
( ) Appeal No . 3462 - HERBERT MANDEL . Variance for approval
of three parcels having insufficient area. N/s Main
Road , East Marion . **Await Co . Health Art . VI .and copy
of C .O.
( ) Appeal No . 3449 - FRANK AND ETHEL BEGORA. Variance for
approval of three parcel s havi ng i nsuffi dent area , depth
and width . N/s Main Road , East Marion . **Await County
Health Art . VI , corrected maps and. P . B. reviews after
submission of maps .
( ) Appeal No . 3403 = ANNA- LORIA. Variance for approval of
two parcels having insufficient area , width and depth. _ -
W/s First St . and N/s King St , New Suffolk. **Await
Co . Health Art . VI appal . and approval /waiver .
( ; ) Appeal No . 3426 - 'GERALD DOROSKI . Variance for approval
of access (280-a ) . N/s C ..R. 48 , Peconic . **Await
additional information to clarify ROW and P . B . input .
( . ) Appeal No . 3411 . ANDREW FOHRKOLB . Variance to restore
existing building for habitable use (additional dwelling
unit ) . W/s Lipco Road , Matti.tuck. **Await scaled floor
plans and C .O . or PreCO.
• So'uthold Town Board of Appeals -44- December 11 , 1986 Regular
Meeting
Other Matters Pendin Public Hearings (**awaiting additional
information as noteZ continued :
( ) Appeal No. 3299 - DOUGLAS MILLER . Variance to include
wetlands in subdivision which mould not result in
insufficient area . Kirkup Lane , Laurel . **Await DEC
and.-Co. Health Departmbnt approvals of pending subdivision.
( Appeal No. 3412 - THOMAS CRAMER . Variance to construct
within 75 ' of wetlands . E/s Meadow Lane , Mattituck.
**Await Trustees action/approval . ({lealth Dept , approval
and.-DEC'waiver received. )
Appeal No. 3355 - PAUL & -MARIETTA CAN ALIZO. Variance 'to
construct with insuff cient setback in frontyard and
from wetlands . **Await DEC and wetland setbacks map .
Trustees reviews pending..
( Appeal No. ' 3214 - HANAUER & BAGLEY .. Variance for
approval of two lots having insufficient upland , build-
able area . DEC waiver and Planning. 8oard received .
**Await Co. Health hnd Trustees . - Lighthouse Road and
S/s Soundview Avenue , Southold.
( ) -Appl-ication for LOIS AND FRANK THORP. E/s West Lane
and S/s North Lane (private ) , off the E/s Orchard Lane
East Marion. Variance for approval of lots having
'- insufficient area , width , depth , etc . **Await Notice
of Disapproval' after application to Building Department
reissuance of filing fee , postmarked certified-mail
receipts , etc .
( j Appeal No . 3293 - HAROLD AND JOSEPHINE DENEEN . Variance
for approval of three parcels having insufficient area ,
width and depth. W/s ROW off the S/s Bayview Road (west
of Waterview Drive) , Southold . 280-a not requested.
**Await Co . Health Art . VI and DEC approvals/action.
( ) Appeal No. 3252 - JOHN CHARLES & M. SLEDJESKI . Variance
appealing decision of Planning Board of 4/2/1f4 that
buildable area in proposed division is less than 80 ,000
sq . ft. (excludes wetland grass areas ) for a one-family
dwelling , and less than 160 ,000 sq . ft . (excludes wetland
grass areas ) for an existing two-dwelling usage . -
E/s Narrow River Road and S/s Main Road , Orient .
**Await Co. Health Art . VI and SEQRA.
Appeal No . 3367 - LOIS AND PATRICIA LESNIKOWSKI . Variance
for approval of two parcels having insufficient area and
width . S/s North Drive , Mattituck . **Await DEC. Build-
ing envelopes and s'ptbacks not shown since enactment of
Local Law - Wetlands Setbacks .
'y
Southold Town Board of Appeals -45- December 11 , 1986 Regular Meeting
The Chairman explained details of a new proposal by the Town
for exchange of property near Ryder Landing , Sound View Drive ,
Orient for public access to the.. Sound . It was indicated that a
division of the land for conveyance only in part to the Town would
be subject to County Health Art. 6 , N . Y . S . D. E. C . . and :possibly
Town variances , if part .were to be retained by W. Lieblein ,
particularly since the.:use of the remaining parcel would remain
for use as a single-family dwelling:
Being no other business properly coming before the Board at
this time , the Chairman declared the meeting adjourned . The
meeting was adjourned at 11: 30 o ' clock p . m.
Respectfully submitted ,
Linda F. Kowalski , Secretary
Southold Town Board of Appeals
&roved - 1 8/87
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