HomeMy WebLinkAboutZBA-11/20/1986 MIA-
Southold Town Bo ard 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 - - - -
REGUL.AR MEETING
THURSDAY , NOVEMBER 20,: 1986
A Regular Meeting of the Southold Town Board of Appeals was
held on THURSDAY , NOVEMBER 20 ., 1'986 a.t 7 : 30 .o ' clock p .m.. . at the
Southold Town Ha11 , Mai.n. .Roa,d , .,Southold ; New :York .11.9.71.
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr. ; Serge . Do.yen, __Jr . ; Rober.t .J . Douglass and Joseph H.
Sawicki ., consti tuti ng al l fi_ve members of_ the Bo-ard of Appeals .
Also present were : Victor .Lessard ,. 'Bui l.ding-Department _A.dmi ni_s-
trator; Linda Kowalski , Board Secretary/Cler, k , .and approximately_
35 persons in the audience at the beginning of the meeting.
The Chairman opened the meeting at 7 : 30 .p .m. and proceeded
with the first matter on the agenda , as follows.: .
PENDING DECISION : Appeal No . 3513 :
Application of STEPHEN SHILOWITZ for a Variance to the Zoning
Ordinance. , Article -XI , . Se-ction .100-119..2 (B ) for permission to con-
struct condominium complexes within .75 feet o-f bulkhead and tidal
water , at the west side of Sixth Street , Greenport , NY; County Tax
Map District 1000 , Section 49 , Block 01 , Lot 25 . 1 . Zone District :
"M-Light Multiple" Residence .
Following deliberations , the board took the following action :
This is an appeal for an area variance of the setback require-
ments of Section 100-119 . 2 ( B) of the Zoning Code of the Town of
Southold .
A r
Southold Town Board of Appeals -2- November 20 , 1986 Regular Meeting
(Appeal No . 3513 - SHILOWITZ decision , continued : )
Appellant ' s property is located on the west side of Sixth Street
at Greenpo-rt , adjacent to the tidal waters of Pipes Cove and Peconic
Bay . The total property , including underwater -land , comprises an
area of 98 ,949 _ sq . ft . (2 . 26 acres ) , of which 56., 997 sq . ft. (57 . 79%)
is located within the territorial boundaries of the Town of Southold ,
and 41 ,497 sq . ft . (42 . 13%) is within the incorporated Village of
Greenport. The . premises are designated on the Suffolk County Tax
Maps as follows : 1000-49-01 -25 . 1 (Southold ) ; 1001 -007-01 -16 .
(Green'port) . The appellant . and/or his predecessor. . have obtained
grants for the underwater portion of the premises from the State
of New York .
By way of background , Appellant since 1982 has been actively
engaged in -obtaining all necessary permits and/or approvals required
for the construction of _a nine-unit condominium complex on the
premises , including zoning changes from both the Town of Southold
and the Village of . Greenport; site plan approvals ; special condo.-
mi.nium permit approval from the Village of Greenport ; New . York
State Department of Environmental Conservation Tidal Wetlands permit ;
Southold Town Trustees ' Tidal Wetland permit; U . S . Army Corps of
Engineers permit for bulkheads , dredging and floating docks ; and
a building permit from the Village of Greenport . In March of 1985 ,
the Southold Town Board amended the Town Zoning Code by adding
thereto Section 100-119. 2B , which provides that all buildings . must
be set back 75 feet from the tidal waters or wetlands . On May 9 ,
1986 , appellant applied for a permit to construct condominiums. on
the site . Such application was denied for the reason , inter alia ,
that the proposed construction did not conform to the 75- foot set
back requirement of Section 100-119. 2B of the Zoning Code . This
appeal is from such denial .
Hearings were held by this Board on June 19 , 1986 ; July 17 ,
1986 ; August 14 , 1986 ; September 11 , 1986 ; and ..Octo.ber 2 , 1986 ,
at which hearings all parties and -their attorneys were given
the right to present such testimony and documents as they deemed
appropriate . During the several months that this appeal has
been pending before the Board , the members have had -,an opportunity
to visit the premises in question and the review of all documents _
introduced before the Board . The Board is also familiar with the
history of the site , its former uses , and the condition of and
uses of the structures located thereon . ,Prior to the purchase
of the . premises by Appellant , an oyster-processing plant was
located thereon , which uae had been discontinued for many years
and the buildings and bulkheads along the shoreline were . in a
dilapidated - condition .
Appellant has submitted a site plan , dated July 1 , 1982 ,
' Sout`hold Town Board of Appeals -3- November 20 , 1986 Regular Meeting
(Appeal No . 3513 - SHILOWITZ decision , continued : )
which shows three buildings . Building 1 , containing four dwelling
units , is located entirely within -,the Town ; Building 2 containing
four dwelling units , is partially within the Town and partially
within the Village ; Building 3 . contains one dwelling unit and . is
located entirely . in the Village . Building 1 on this . plan is
located on the southerly portion of the premises with insufficient
setbacks at 20 feet from the southerly bulkhead , seven feet . from
the westerly bulkhead , and 25± feet from the easterly bulkhead ,
at the closest points . Building 2 on this plan is located near
the center portion of the premises with insufficient setbacks at
26± feet from the easterly bulkhead , at the closest points
(Southold) .
At the September 11 , 1986 meeting , appellant submitted an
alternative plan which reduced the dwelling units in Building
1 from four to three units , resulting in an increase in the
setback from the westerly bulkhead from seven to 21 feet , and
from the easterly bulkhead from 25± . feet to 45± fee.t . Building
2 on this plan is shown to be 29 feet from the easterly bulkhead ,
62 feet from the northwest bulkhead , and 54 feet from --the north
bulkhead (Southold) , at its nearest points .
Appellant has submitted an affidavit which sets forth the
fact that -be has spent the sum of $210 ,000 to purchase the
premises ; $65 ,000 for architectural and engineering services ;
$12 ,000 for consultants ; $110 ,000 for attorneys ' fees ; and
$40 ,000 for advertising , telephone . calls and miscellaneous
expenses , or a total sum of . $437 ,000 on this project , to date .
As previously indicated , this is an application for an
area variance where the standard is whether . strict compliance
with zoning ordinance will result in "practical difficulties . "
Although the courts have -.not defined the term "practical
difficulties , " in the Case of Wachsberger v . Michaelis , . 19
Misc. 2d 909 , the Court said that the _ followi.ng .matters should
be considered : (1 ) how substantial the variance is in relation
to the requirement ; (2 ) the effect , if the variance is allowed ,
of the increased population density thus produced on available
governmental facilities ; (3 ) whether a substantial change will
be produced in the character of the neighborhood or substantial .
detriment to adjoining properties ; (4 ) whether the difficulty
can be obviated by some method , feasible for the appellant to . ,
pursue , other than a variance ; and (5 ) whether in . vi.ew of the
manner in which the difficulty arose and in consideration of
the above factors , the interests of justice will be served by
allowing the variance .
In applying the above considerations to the facts in this
rSouthold Town Board of Appeals -4- November 20 , 1986 Regular Meeting
(Appeal No . 3513 - SHILOWITZ decision , continued : )
case , the Board finds : (1 ) that the variance requested is
substantial in relation to the zoning requirement ; (2 ) that
the resulting increase in population density if a variance is
granted will not produce an undue burden on -available governmental
facilities , - since municipal sewer and water service - to the facility
has been approved , additional on-site fire hydrants are to be
provided by the appellant and the municipal fire department has
approved the project ; (3 ) that the grant of a variance will not
produce a substantial change in the character of the neighborhood
or create a substantial detriment to adjoining properties . If
nine dwelling units are built on the site , which. contains 98 , 494
sq . ft . of area , the resulti.ng density is approximately one unit
per 10 ,900 sq . ft . of area ; if eight units .were built (as in the
alternative plan ) , the density .would be approximately 12 ,.300 sq .
ft . of area per dwelling unit .. This compares favorably with
existing dwellings in the neighborhood ; (4 ) this Board finds
that the difficulty cannot be obviated by a method feasible for
the applicant to pursue . Both the attorney for the .. appell.ant
and the attorney for neighboring property owners agree that if no
variance is granted , only 1 - 1 /2 units could be built on the premises
located in the Town , and . that the total number of units would be
reduced to four , a reduction of more than 50%. Considering --the
investment made to date , in reliance upon the Town Code prior to
its March 1985 addition of Section 100-119. 2B , the Board finds
that there ..is no method feasible to . the . appellant to obviate
the granting of a variance ; (5 ) the final consideration is
whether in view of the manner in which - the difficulty arose ,
justice will be served by the grant of a variance . A review of
the record i.n this matter demonstrates that the appellant , in ..
good faith , contracted to purchase the premises in ..1981 contingent
upon his ability to obtain _ alI required permits and -approvals to
construct condominium units at the site ; that he thereafter
applied to the Village , Town , County , State and Federal agencies
for all required permits and approvals at a cost -..of many thousands
of dollars , and the expenditure of more than three years_ of time
and effort ; that after . obtaining the required permits and .
approvals , the Town Zoning Code .was amended requiring that the
buildings be set back 75 feet from the bulkheads on the site .
It is the determination of this Board that the appellant
has demonstrated that a strict application of Section 1007119. 2B
of the Zoning Code would result in . practical difficulties and .
significant economic injury.
The appellant has submitted an "alternative plan" to this
Board on 9/11 /86 and his attorney has stated that the -Board
could consider the same in its determination of this matter.
The Board does hereby grant a variance of the provisions
of Section 100-119. 2B of the Zoning Code to the extent , and
/ r
Southold Town Board of Appeals -5- November 20 , 1986 Regular Meeting
(Appeal No . 3513 - SHILOWITZ decision , continued : )
subject to , the conditions hereinafter set forth .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Sawicki , it -was
RESOLVED , to GRANT a variance from the provisions of
Section 100-119. 2B of the Zoning Code to the extent , and
subject to , the conditions as follow :
1 . There is no disturbance of land within wetland and
beach areas .
2 . There is no surface water runoff into tidal waters
or neighboring lands . (shall remain on this --site ) .
3. Updated Certification by Building Department and
Final Site Plan are approved -by the Planning Board .
4 . Two copies of the Final Map are filed with the Office
of the . Board of Appeals..
5 . This approval is not to be deemed an approval for any
other construction , accessory buildings_ ._or otherwise ,_
6 . Conditions No . 1 , 2 and 3 of the Suffolk County Planning
Commission , as set forth in . its letter .-of recommendation
to this board dated October 9 , 1986 , which conditions are
as follow :
(a ) The area of Building 1 should be diminished to allow
accommodation of only .-three dwelling units ;
(b ) Building 1 shall be relocated with a westerly
bulkheaded setback of 21 feet along the Peco_nic Bay ;
(c ) Relocated Building 1 /accessory wood decking shall
have southerly bulkheaded setbacks of 35 feet/30 .feet ,
respectively , -along Peconic Bay . (Thirty-five ft.
setback for the foundation of dwelling units . Thirty
ft . setback for open deck without ,-concrete foundation
attachment to dwelling units . )
7 . There will be no overhead lighfi:ng which would be adverse
to neighboring properties .
r
Southold Town Board of Appeals -6- November 20 , 1986 Regular Meeting
(Appeal No . 3513 - SHILOWITZ decision , continued : )
8. Deck addition is to remain open and unroofed, and is to
be constructed on pilings (without a permanent concrete
attachment to dwelling foundation structure ) .
9.' There is to be compliance with the lowest floor elevations
of the Floodplain Management Law.
10 . There will be no further setback reductions .
11 . There will be no new fenced or other structures within
75 feet of tidal water , (except as approved herein ) .
This Board declines to adopt Condition No . 4 of the Suffolk
County Planning Commission report , which condition provides as
follows ; "Approval of the Gre_enport Fire Department , " for the
reason that it believes that it is not appropriate for this Board
to make its approval of a variance subject to the approval of a
fire department which provides fire protection to the_ subject
premises . This Board believes that it is appropriate for this
Board to consider recommendations of a fire department , which it
has done in this case , but not to condition its, approval of a
variance upon the formal approval of a fire department to the
grant of such variance .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki..
This resolution was duly adopted .
Southold Town Board of Appeals -7- November 20 , ' 1986 Regular Meeting
PENDING DECISION : Appeal No . 3487-SE :
Application of CHURCH OF 'THE OPEN DOOR for a Special Exception to
the Zoning Ordinance , Article III ,... Section 100-30 ( B) [2].._ for permission
to construct and establish House of Worship with related religious
activities on a five-acre tract of land referred to as Lot #3 , Minor
Subdivision of Salvatore Catapano , which received Sketch-Plan Approval
4/14/86 by the Town Planning Board . Location of Property : West Side
of Main Bayview Road , Southold , NY ; County Tax Map District 1000 ,
Section 69 , Block 6 , Part of Lots 8 and 2 . (Current Owners : S. and
J . Catapano ) .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on October 2 ,
1986 in the Matter of the Application of CHURCH OF THE OPEN DOOR
under Application No . 3487 ; 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 , applicant requests a Special Excep-
tion under the Provisions of Article III , Section 100-30 (B) [2]
for a "House of Worship" to be located on a five-acre tract of
land along the west side of Main Bayview Road , Southold , referred
to as Lot #3 in pending Minor Subdivision of Salvatore Catapano
and more particularly shown on sketched subdivision mapped
October 15 , 1985 by Roderick VanTuyl , P . C .
2 . The premises in question is located in the "A-80"
Residential and Agricultural Zoning District and has- received
Sketch-Plan approval from the Southold Town Planning Board on
the pending subdivision on April 14 , 1986 .
3 . The Site Plan under consideration shows a proposed
new church building with a setback of 70 feet from the
southerly property line , 185 feet from the west property line ,
Southold Town Board of Appeals -8- November 20 , 1986 Regular Meeting
(Appl . No . 3487SE - CHURCH OF OPEN DOOR decision , continued : )
99 feet from the east property line .
4. It is noted for the record that this action is
for a House of Worship , as more particularly shown on
the Site Plan prepared June 18 , 1986 and is not deemed
to be a Special Exception for any other construction which
should be proposed in the future .
5 . Located along the south property line are parcels
improved with single-family dwellings , as well as dwellings
to the west and to. the northeast.
6 . It is also noted for th.e. record that this project
as shown on the _site plan -under consideration will meet the
requirements of sub-sections (a ) and (b) of Section 100=.30B
of the Zoning Code -as to minimum setbacks and maximum lot
coverage as noted therein .
In considering this application as shown. with a
minimum setback of 70 feet _from the south property line
depicted on Site Plan -prepared June 18 , 19-86 by Ke,i.11or Arch. :
(a ) The House of__Worship__ wiII .not preve-nt the--
orderly and
reasonable use of adjacent properties or of properties in
adjacent- use di stri c_ts ; (b). The House of ,Worship will not
prevent the orderly and reasonable use of permitted _or
legally established uses in the district- wherein the
proposed use is to be located , or of permitted or leg,a.11y
established uses in adjacent use districts ; (c ) the
safety , health , welfare , comfort , 'convenience or order
of the town will not be adversely affected by the proposed
House of Worshi-.p and its location ; (d) the House of
Worship will e in harmony with and promote the general
purposes and intent of this chapter ._. . The Board has also
considered subsections [a] through [1 ] of Article XII1
Section 100-121 (C) [2] of ,the Zo.ning_ Code .
Accordingly , on motion 'by Mr. Goehringer , seconded 'by
Mr . Grigonis ,. it was
RESOLVED , to GRANT a Speci.al Exception for. . a . "House . of
Worship " in the Matter - of .the Application of 'CHURCH 'OF. 'THE_
OPEN DOOR , No . 3478 , as shown by: Site Plan prepared June 18 ,
1986 by Kei 1 l or Architects (i ndi cati ng...setback_s . at 7.0 fee-t
from the south property 1ine , . etc.. ) 'subject . to - receiving final
Si to Plan approval by _the 'Pl-anni n_g .'Board as required by Article
III , Section 100-30B 'of :the 'Zo.►i'hg 'Code .
Vote of the Board : Ayes : Messrs ., Goehringer, Grigonis ,
Douglass , Doyen and Sawick-J . '. Th.is resolution was duly adopted.
Southold Town. Board of Appeals -9- November 20 , 1986 Regular Meeting
* * *
*Public Hearings were held in each of the following matters :
*7 : 45 p .m. Appeal No . 3573 - MARGARET AND JOSEPH BEST.
*7 :49 p .m. ' Appeal No . 3571 - MARGARET AND JOSEPH BEST.
*7 : 53 p .m. Appeal No . 3568 - STAMATIOS AND ALENI RAPANAKIS .
. *8 :OO .p .m . Appeal No . 3569 - BOATMEN ' S HARBOR MARINA.
8 : 03 p .m. Appeal No . 3572 - MICHAEL AND JOYCE MATTES .
*8 : 43 p .m. Appeal No . 3565 - FRANK FIELD REALTY INC .
*8 : 50 p .m. Appeal No . 3566 - FRANK FIELD REALTY INC .
*8 : 50 p .m . Appeal No . 3570 - PAUL HENRY .
*8 : 54 p .m. Appeal No . 3576 - BARBARA D . SCHRIEVER.
Following the hearing in the Matter of Barbara D. Schriever ,
the board took action , as follows [continued on page 10 hereof]
Asterick (*) indicates hearing was officially concl.uded and
is pending deliberations and action at a later time .
Southold Town Board of Appeals -10- November 20 , 1986 Regular Meeting
DEL',IBERATIONS/DECISION :
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 BARBARA D .
SCHRIEVER under Appeal No . 3576 ; and
WH.ER.EAS9 at said hearing a.11 those who desired to be heard
were heard- and their testimo_n.y _recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerni_n.g 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 facto
1 . By this application , appellant requests a withdrawal of
the conditional variance rendered by this Board under Appeal
No . 3393 on September 26 , 1985 , in which woodworking and metal
shop and artist studio , without residential use , was permitted ,
and automatically terminating the 1969 conditional variance
rendered under .Appeal No . 1260 upon a transfer or- conveyance
of the subject premises , or occupancy of the proposed wood-
working/metal shop and artist studio uses .
2 . The premises in question is situate .along the west side
of Tabor Road commencing at a point approximately 1.15 feet south
of the Main Road (State Route 25 ) containing an area of . 528
acreage , lot width [frontage] along Tabor Road of 123 feet , and
average lot depth of 187 . 24 feet . Properties to the north and
west of this parcel are zoned "A-Residential and Agricultural " ;
property adjoining this parcel along the south property line is
also zoned " B-Light" Business . Properties along the east side
of Tabor Road are zoned "A-Residential and Agricultural . "
3 . The building as exists contains an area of 6 , 903 sq .
ft . on the first floor and an area of 1 , 500± sq . ft. on the
second floor . The subject building is shown on survey as
Southold. To.wn Board. of .Appeals -11 November 20 , 1986 Regular Meeting
(Appeal No . 3576 - SCHRIEVER decision , continued : )
amended August 27 , 1985 prepared by Roderick VanTuyl , P . C . to
be set back 22 feet from the front (east) property line along
Tabor Road [at its closest point] , 15 feet from the south
property line along property now or formerly of William
Schriever , and 19 feet from the north side property line .
Town records show that the setback of the entire structure as
exists is 50 feet from the rear (west ) property line along land
now or formerly of Tabor .
4. The variance conditionally approved June 12 , 1969 under
Appeal No . 1260 permitted the use of a 5 ,600 sq . ft. existing
building for storage and repair of contractor ' s machinery and
equipment . The 5 ,600 sq . ft . building (without addition_.) is
more particularly shown on survey_ amended August 27 , 1985
prepared by VanTuyl & Son (submitted with this application ) .
Subsequent to the 1969 variance , the subject premises was
rezoned by the Southold Town Board from "A-Residential and
Agricultural " to "B-Light" Business . Under the " B-Light" Busi -
ness zoning regulations , such use is not a permitted use":
. 5 . The variance conditionally approved September 26 , 1985
under Appeal No . 3393 permitted the use of the entire 6 , 903±
sq . ft . first floor area for small -scale fabricating without
heavy manufacturing of machinery or equipment , a mail -order
business , office areas , and manufacture of parts for portable
saw mills , in conjunction with an artist studio . This variance
did not permit residential use and called for the immediate
termination of the 1969 use variance upon a transfer or
conveyance of the property , or occupancy of the uses herein ,
whichever occurred first . Upon information and belief, there
has been no transfer or conveyance of the subject premises .
6 . It is the position of the applicant/property owner
at this time to continue the use of the premises in accordance
with the 1969 Variance under Appeal No . 1260 , with or without
a conveyance of the land , rather than allow same to be auto-
matically terminated with a conveyance as stipulated by this
Board ' s 1985 decision (Appeal No . 3393 ) . The subject premises
was never occupied for those uses permitted under Appeal
No . 3393 .
7 . It is the understanding of this Board that the use
of the premises (as conditionally permitted in 1969 ) has
not been discontinued and has not lapsed. Since there has
been no transfer or conveyance of the subject property ,
the use of the 5 ,600 sq . ft. building for storage and repair
of contractor ' s machinery and equipment is still in full
force and effect . This Board does not , however , recognize
Southo.ld. Town. Board. of .Appeals -12- November 20 , 1986 Regular Meeting
(Appeal No 3576 - SCHRIEVER decision , continued : )
any other additional use , and hereby limits the property in
question to the "storage and repair of contractor ' s machinery
and equipment" and not in conjunction with any other use
which may be compatible under the proposed or current
zoning regulations (unless approval for such change or
addition is obtained after formal application to this Board ,
or the 1969 use variance is withdrawn and terminated in
its entirety) .
8. For the record , it is noted that the proposed Master
Plan under review currently depicts the subject premises to
be rezoned to " B" General Business , which lists under Article
X , Section 100-101.(A) , ",Permitted Uses , " at subsection [41
" . . . building. . ..contractors ' businesses or yards . . . . "
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , to APPROVE the request under Appeal No . 3576
in the Matter of the Application of BARBARA D . SCHRIEVER
withdrawing the variance conditionally rendered under
Appeal No . 3393 September 26 , ,1985 , and reinstating the
variance conditionally approved under Appeal No . 1260
June 12 , 1969 ; to allow the sole use of the subject 5 ,620
sq . ft . building for storage and repair of contractor ' s
machinery and equipment .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly
adopted.
Public Hearings continued , as follows :
9 : 00 p .m. Appeal No . 3552 - JOHN SENKO. ( Folldwing
testimony , motion was made by Chairman Goehringer , seconded
by Member Sawicki , to recess this hearing until the
December 11 , 1986 meeting of this board. This resolution
was unanimously adopted. )
9 : 55 p .m. Dennis Ketcham appeared in behalf of Boatman ' s
Harbor Marina and was informed of the status of the hearing
held earlier , which was concluded . The Chairman asked
Mr . Ketcham to bring in written confirmation of the exact
setback requested for the addition ,, which was believed by
Mr . Ketcham to be at 43 or 48 feet from the outer edge of
bulkhead . Mr . Ketcham said he would bring in the written
response within a day or so .
9 : 58 p .m . Stephen Angel , Esq . advised the Chairman
that Roy Haje of Enconsultants Inc . was re-staking the
area he believed to be tidal wetlands and the written
information would be forthcoming soon .
Southold. Town.. Board of Appeals -13- November 20 , 1986 Regular Meeting
9 : 58 p .m. Motion was made by Member Sawicki , seconded by
Member Grigonis , to recess for three minutes , at which time
the hearings would continue .
10 : 02 p .m. Motion was made by Member Goehringer , seconded
by Member Grigonis , to reconvene . This resolution was unanimously
adopted.
*10 : 02 p .m. Public Hearing - Appeal No . 3574 - JOHN LORETO .
No one appeared in behalf of the applicant . No opposition from
the public was received .
*10 : 04 p .m. Public Hearing - Appeal No . 3562 - ANA G . STILLO.
10 : 22 p .'m. Brief presentation by Garrett A. Strang in
regard to the conditions imposed by the Board 11 /3/86 in the
Matter of 'ROBERT EGAN , Appeal No . 3557 . Mr. Strang urged
the board to reconsider and/or reopen the hearing in regard
to Condition No . 1 inasmuch as the property owner had planned,
to use the existing foundation with setbacks at five feet and
12 feet , rather than 7 feet and 12 feet. The°:Chairman.:
indicated .that the. board would discuss this matter later
in the meeting; however , in' order for the board to readvertise
and reconsider this item , a written request and re-notice to '
the adjacent property owners as required by Section 100-125
is necessary. Mr . Strang said he would submit his request
in writing early, in the morning . : The Chairman assured him
this matter could be advertised for December llth if the
board agreed .
10 : 27 p .m. Chairman Goehringer left the room , and
Membe.r.;.Grigonis Chaired the next hearing :
*10 : 27 p .m. Public Hearing : Appeal No . 3519 - STEVEN
SANDERS '& ANO. .
*= Each hearing astericked indicates the hearing was officially
concluded .
[SEE VERBATIM TRANSCRIPTS OF- ALL ABOVE HEARINGS PREPARED
UNDER SEPARATE COVER and filed simultaneously herewith
with the Office of the Town Clerk for reference . ]
10 : 45 p .m. Chairman Goehringer returned to the meeting at
this time following the last hearing .
Southold Town Board of Appeals -14- November 20 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3547 :
Application of JOSEPH AND CATHERINE RIEMER for a Variance to the
Zoning Ordinance , Arti_cle . III , Section 100731 _ for . approval of insuffi -
cient lot area , width and depth of two parcels . known and referred to
as Lots #96 , 97 , 98 and half of 99 at Peconic Bay Estates , Map #1124 ,
and - identified on the County Tax Maps as District 1000 , Section 53 ,
Block 4 , Lot 32 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and . concluded . on October 2 ,
1986 in the Matter' of the Application o_f 'JOSEPH AN.D CATHERINE 'RIEMER
under Appeal No . 3547 ; 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' zoni'ng , and
the surrounding areas ; and
WHEREAS , the board made the fo,llowi.ng findings of fact:
1 . The premises in question is located along the south side
of Bay Shore Road in the Hamlet of Gre.enport , Town of Southold ,
and is identified on the Suffolk County Tax Maps as District -1000 ,
Section 53 , Block 4 , Lot 32 , _ containing a total lot area of
21 , 975 sq . ft . and 175 ft. frontage along Bay Shore Road.
2 . The subject premises consists of Lots 96 , ' 97 , 98 and
half of 99 as shown on "Amended Map 'A, 'Peconic. Bay Estates" filed
in . the . Suffolk County Cl-erk ' s. Office as -Map No . 1124 , and is _ __
located in the "A" Residential and Agricultural Zoning District.
3 . By this application , appellants request a Variance from
the Provisions of Article III , _Se.ction 100-31 of the Zoning Code
in this proposed . set-off .division of land as - fol-lows : (a )_
proposed Parcel (.I ) to .. be set off containing. 1.0 ,625 sq . ft. in
area and 85 ft . lot width , (b )—proposed Parcel II containing
11 , 250 sq . ft . . in area and. 90 .ft. lot width . The depth has
been established at 125 feet. .The dwelling parcel ( II ) is
improved with an existing single-family, two-story_ framed
house and 20 .x 20 .ft. accessory garage .-located in - the rear-
yard area , all as shown 'by survey_ mapped March 20 , 1986 by .
Southold Town Board of Appeals -15- November 20 , 1986 Regu.lar Meeting
(Appeal No . 3547 - RIEMER decision , continued : )
Roderick VanTuyl , P. C .
4 . , It is noted for the record that the Suffolk County
Department of Health , after hearing and by letter_ dated
.August 7 , 1986 , granted . the applicant ' s '.request for a
waiver , allowing this project . as proposed herein . .
5 . The subject property will be served by municipal
water , . upon which this variance is conditioned .
6 . After investigation and research , it is noted that
a majority of the parcels in the immediate vicinity consists
of lots substantially smaller than the subject premises .
In considering this appeal , the board also finds and
determines : (a ) that the variance requested _.is substantial
in relation to the zoning requirements ; (b ) that the
resulting increase in population density (one additional
dwelling) will not produce .-an undue burden on available
governmental facilities , since municipal water service, to
the proposed facility will be connected; (c ) that the
grant of this . variance will not produce a substantial change
in the character of the neighborhood or create a substantial
detriment to adjoining properties since a majority of the
parcels are comparable or smaller than that proposed by
this application ; (_d) that . the difficulty .cannot be .
obviated . by a method feasible for appellants. to pursue
other than , a variance ; (e ) that in view of the manner
in which the difficulty arose , justice will be served by
the grant of a variance .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Douglass , . it .was
RESOLVED , to GRANT the variances requested under
Appeal No.. 3547 in . the Matter of JOSEPH G. AND CATHERINE
RIEMER; 'SUBJECT 'TO THE FOLLOWING CONDITIONS: . :
1 . The dimensions of the parcels in this pending
set-off division of land shall be as .-more particularly
shown on survey mapped March ._2.0 , 1986 by Roderick Van-
Tuyl , P . C . _
2 . Both parcels must be serviced by municipal water.
3 . Any future dwelling on the vacant ,parcel must
conform with all, setback requirements of the Zoning Code
without reduction in front , ,-rear or side yards .
Vote of the. Board: Ayes : Messrs . Goehringer ,
Grigonis , Douglass , Doyen and Sawicki . This resolution
was ..duly ..adopted.
Southold Town Board of Appeals 16- November 20 , 1986. Regular Meeting
* * *
'UPDATE.: Appeal No . 3259 = NICHOLAS ALIANO. Correspondence
was received from Henry_. E. Raynor , Jr... concerning the status , of
the above matter . The_ Chairman indicated that there were
several items awaited as noted in our September 24 , 1986
letter , particularly , items #1 , 2 and 4 . The board indicated
that this matter would not be advertised for a public hearing
until the file . was declared complete with these items ,
(receipt of copy of signed Village contract for water and
sewage hook-ups ; copy of Amended Certificate or other updated
review by Building Inspector concerning amended site plans for
either motel complexes or garden-apartment complex , which was
submitted to the .Planning Board as of 9/3/86 ; copy of waiver
or action by the Suffolk County Health Department for Article
* * *
"PUBLIC HEARINGS FOR DECEMBER 11 , 1986 : The: :boar. d members
reviewed the followin„g matters and rioted field inspections
would be made . On motion by Mr. Grigonis , seconded by Mr .
Douglass , it was
RESOLVED , that the following matters be and hereby are
scheduled_: for public hea.rin.gs to be held on THURSDAY ,
DECEMBER '1.1 ,' '1986 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 . 3216 - EUGENE DAVISON ;
7 : 40 p .m. Appeal No . 3577 - FRANK AND DELORES DAVIES ;
7 : 45 p .m. Appeal No . 3578 - ARTHUR ESSLINGER;
7 : 50 .p .m. Ap-peal No . 3579 - CHARLES AND SANDRA BLAKE ;
7 : 55 p .m. Appeal No . 3580 - NICHOLAS BABALIS ;
8 : 00 p .m. Appeal No . 3572 - MICHAEL AND JOYCE MATTES ;
8: 10 p .m . Appeal No . 3557 - ROBERT EGAN ;
8 : 15 p .m. Appeal No . 3552 - JOHN SENKO.
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted.
Southold Town Board of Appeals -17- November 20 , 1986 Regular Meeting
REVIEWS Appeal No . ' 3582 = LARRY AND SANDRA STAHL . Variance
filed November 18 , 1986 for the proposed construction of an
attached pool with deck area and fence enclosure with an insuffi -
cient setback from riprap. near ordinary highwater mark along
Wickham Creek , West Road , Cutchogue , NY ; 1000-110-7-26 .
On motion by Mr . Douglass , seconded by Mr . Goehringer ,
it was
RESOLVED , that the Matter of Appeal No . 3582 for LARRY AND
SANDRA STAHL be held temporarily in abeyance pending receipt
of the following before scheduling and advertising this matter
for a public hearing:
1 . Approval or other action from the N . Y . S . Department
of Environmental Conservation ;
2 . Approval or other action from the Southold Town
Trustees ;
3. Flagging the nearest construction (fence ) proposed
near the riprap ;
4. Two prints of the survey (showing the entire parcel ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , ' Douglass and Sawicki . This resolution was duly
adopted .
ENVIRONMENTAL DECLARATIONS : After review of each of the
following matters , the board took the following action :
On motion by Mr . Goehringer , seconded by Mr. Grigonis ,
it was
RESOLVED , to declare the following Environmental Declara-
tions on each of the following matters in accordance with the
N . Y . S . Environmental Quality Review Act (SEQRA) , Section 617 ,
6 NYCRR and Chapter 44 of the Code of the Town of Southold :
(a ) Appeal No . 3569 - BOATMAN ' S HARBOR MARINA;
(b) Appeal No . 3571 - MARGARET AND JOSEPH BEST;
(c ) Appeal No . 3573 —MARGARET AND JOSEPH BEST;
(d ) Appeal No . 3574 - DR. JOHN LORETO;
(e.) Appeal No . 3566S-E - 'FRANK FIELD REALTY INC. ;
(f) Appeal No . 3565 =FRANK FIELD REALTY INC . ;
(.g ) Appeal No . 3568 - - STAMATIOS AND ALENI RAPANAKIS ;
(h ) Appeal No . 3572 - MICHAEL AND JOYCE MATTES ;
(i ) Appeal No . 3570SE - PAUL HENRY ;
R
Soutnold Town Board of Appeals -18 November 20, 1986 Regular Meeting
(Environmental' Dec'l'arations,- continued: )
(j ) Appeal No . 3575 - BARBARA D . SCHRIEVER;
(k ) Appeal No . 3552 - JOHN SENKO.
S.E.Q.R.A. -
(a ). NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
...APPEAL NO. : 3569
PROJECT NAME: BOATMEN' S ,HARBOR MARINA ---
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:Construct-addition to existing dwelling with
an insufficient setback from existing bulkhead.
LOCATION OF PROJECT: Town of Southold, County- of, Suffolk, more
particularly known as: 3350 West .Creek Ave.., Cutchogue, NY. 110.-01-12
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) Separating the project in question from the waterfront or
---Pn-," '"onmentaL--ar-ea.. is. .-.a bulkhead. or concrete barrier-, n._.c ood condition _
(3) The relief requested is a setback variance regulated as pro-
vided in Section 617. 13 of the State Environmental Quality Review Act.
6 NYCRR ,
Soutnold Town Board of Appeals -19- November 20, 1986 Regular Meeting
(Environmental' Declarat•o'ns,• continued: )
S.E.Q.R.A. -
(b ) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3571
PROJECT NAME: MARGARET •an'd 'JOSEPH' 'BEST ---
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: Construct addition at the southerly side of
existing dwelling with insufficient setback from bulkhead along tidal water
area and insufficient setback from rear property line
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: private right-of-way -extending off the east side
of Camp Mineola Rd. , Mattituck 123-06-17
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
n-Se�tic�n-6 �.13 of the SEQRA- --6 NYCRR --
Southold Town Board of Appeals -20 November 20, 1986 Regular Meeting
(Environmental' D•e'c1arations,- continued: )
(C ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3573
PROJECT NAME: MARGARET 'and- •JO'SEP'H BEST ---
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:Permission to locateacce'ssory garage structure
in the frontya'rd area.
LOCATION OF PROJECT: Town of Southold, County: of, Suffolk, more
particularly known as:Private right-of-way -extending off the east side
of Camp Mineola Rd. , Mattituck 123-06-17
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.
Soutnold Town Board of Appeals -21 - November 20, 1986 Regular Meeting
.(Environmental' Deec a:r'ations,- continued: )
(d ) S.E.Q.R.A. -
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3574
PROJECT NAME: DR. JOHN LORETO ---
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: Construct storage building with an- insuffi-
cient setback from bluff along .L. I: Sound
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: NIS Glen Court, Cutchogue, NY 83-01-08 & 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 premises in question is at an elevation of 10 or more feet
__
(3) The relief requested is a setback variance regulated as provided
in Section 617 . 13 of the SEQRA, 6 NYCRR
Soutnold Town Board of Appeals -22- November 20, 1986 Regular Meeting
-(Environmental, D'ecl'arat'ions,• continued: )
S.E.Q.R.A. -
(e ) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3566-SE
PROJECT NAME: FRANK 'F'I'ELD 'REALTY 'INC. ---
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated -
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [_ ] Type ,II [XI Unlisted [ ].
DESCRIPTION OF ACTION: Establish two-family use
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 320 Linnett Street., Greenport, 'NY 48-02.-36 .1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use of the premises and is
Ilu to new construction.
Soutnold Town Board of Appeals -23 November 20, 1986 Regular Meeting
(Environmental' D'eclarat'ions,• continued: )
S.E.Q.R.A. -
�f) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3565
PROJECT NAME: FRANK FIELD': 'REAL'TY 'INC. ---
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [ ] Type II [X ] Unlisted [ ]
DESCRIPTION OF ACTION:Establish• -two-family dwelling on .parcel of land
containing less than 160 ,000 sq. ft: in area, 270" width, 400 ' depth, and
with insufficient front, rear, and sideyard setbacks
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 320 Linnett St. , .Greenport 48�02-36 . 1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Ts not located within 300 feet of tidal wetlands or other
i scar environriiental area: --
Southold Town Board of Appeals -24-. November 20, 1986 Regular Meeting
(Environmental, 'D'ecl'ara't•ions,• continued: )
S.E.Q.R.A.
�9 ) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3568
PROJECT NAME: ---
STAKAT'I'O'S 'arid ALENI' RAPANAKIS
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 [g ] Unlisted [ ].
DESCRIPTION OF ACTION: Establish one accessory -apartment --in the
existing dwelling structure.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 2030 .Boisseau Ave. , Southold 55-06-40
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) This is an application concerning use of the premises and is
_n�+ �� rectly__related_.,to new construction.
Soutnold Town Board of Appeals -25-. November 20, 1986 Regular Meeting
(Environmental' Dec1ar'a'tlons,, continued: )
•
(h ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Si nificance
APPEAL NO. : 3572
PROJECT NAME: MICHAEL and iOYCE MATTES ---
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 [XI Unlisted [ ].
DESCRIPTION OF ACTION:Establish -"Bed and Breakfast Use in owner
occupied building where lodging and breakfast is provided for not more than
six casual, transient roomers, and renting not more . than three rooms
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 50 Luthers Rd. , Mattituck _ 113-03-07
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) This is an application concerning use of the premises and is
-trot—dim ectly—rel-ated to new-construction.
Soutnold Town Board of Appeals -26- November 20, 1986 Regular Meeting
.(Environmental' D•eclarat•ions,• continued: )
S.E.Q.R.A. -
�� � NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3570-SE
PROJECT NAME: p-AUL HENRY ---
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: Es-tablish ' "Bed and Breakfast Use" in owner
occupied building where lodging and breakfast is provided for not more than
six casual transient' roomers, and renting not more than three rooms
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 236 North ..Rd. , Greenport, NY 33-05-13
REASON (5) 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) This is an application concerning use of the premises and is
-mot-dim ct-ty-related to new--construction.
Southold Town Board of Appeals -27- .November 20 , 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
(� ) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3576
PROJECT NAME: BARBARA SCHRIEVER --
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 e-ffect 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: - Withdraw Variance. #3393 9/26/85 ._and
reinstate in full 1969 Variance #1260 .Conditionall Approved in 196.9
permitting the OF
of. 5 ,600 sq . ft. building for storage & repair.of machinery &
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more equipment.
particularly known as: West Side . of Tabor Road , Orient , NY ;
1000-.18-05-12 .
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-
mented as planned;
(2) . _This is an application concerning use 'of 'premises an'd
is not directly related to new construction .
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals -28- November 20 , 1986 Regular Meeting
( Environmental Declarations , continued : )
(k ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3552
PROJECT NAME: JOHN SENKO ---
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 agendy
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ]
DESCRIPTION OF ACTION: Shopping center use - in this " B-1
General Business Zone , contain_ing .30 ,084 sq . ft . in lot area .
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 49295 Main Road _..(at intersection with
Ackerly Pond Lane ) , Southold , 0 .
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) This is an application concerning multiple uses on the
premises and is not directly related to new construction .
(3 ) The premises is not located near or bordering wetlands .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted.
ENVIRONMENTAL DECLARATION : Appeal No . 3519 - STEVEN SANDERS
and A BERT SCHWARTZ. On motion by Mr . Grigoni.s , seconded by .
Mr. Sawicki , it was
Soutnold Town Board of Appeals -297 November 20, 1986 Regular Meeting
(Environmental D'ec'1'arat'ions,• continued: ) _
RESOLVED , to declare the following Environmental Declaration in
accordance with the N . Y ..S .. Environmental Quality Review Act (•SEQRA)
Section 617 and 6 NYCRR , and Chapter 44 of the Town Code :
S.E.Q.R.A. -
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3519
PROJECT NAME: • • 'S'TEVEN SANDERS- AND 'AL'B'ERT S'CH'WARTZ ---
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: Approval• of insufficient lot area, width and
setbacks in this pending set-off division of land,
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as:, -,, Private- right-of-way located off - the N/S of
Bay Avenuer Mattituck, NY 106-06-36
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
mented as planned;
(2) The relief requested is a S'at� xn:e= variance regulated as provided
NYCRR,
Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass
and Sawicki . (Chairman Goehringer was absent at this time . ) This
resolution was declared duly adopted .
Southold Town Board of Appeals -30- November 20 , 1986 Regular Meeting
REVIEW: Appeal No . 3216 - EUGENE DAVISON . Written response
was received from the Town Planning Board concerning the status
of the Minor Subdivision in the above matter concerning premises
located at . the . South . Side of Sound Avenue , Mattituck , referred to
as "STRAWBERRY 'FIELDS . " The Planning has indicated that they
have not received Article 6 approval , although the sketch approval
has been rendered on the map . The Board Members agreed to
schedule this matter for our next Regular meeting , particularly
since the lots were in excess of the 80 ,000 sq . ft . requirement.
. REVIEW: Appeal No . 3564 - JOHN DEMPSEY . Written response
was received from the Town Planning Board concerning the status
of the Minor Subdivision in the Matter of Raebury and Murphy
concerning premises located along the L . I . Sound extending off
the north side of a private right-of-way from Oregon Road ,
Cutchogue . Our application pending under Appeal No . 3564 for
John Dempsey concerns Lot #2 . Communications was received
October 27 , 1986 from Mary Elizabeth Murphy (prior owner )
indicating that the subdivision has not been finalized and
necessary approvals for this subdivision and rights-of-way
were not obtained , and that the lot is unbuildable . Ms .
Murphy has also indicated a court stipulation dated August 17 ,
1978 which she plans to present at the time of the hearing
on this matter . The Chairman advised the Board members that
he would consult with the Town Attorney before scheduling
this matter for a public hearing . Per letter received
today from the Planning Board , there is no record of approval
of the subdivision . 1000-73-2-3 . 6 (part of 3. 4) .
REVIEW : Appeal No . 3581 - GEORGE DAMIEN . The board
reviewed Mr . Damien ' s area variance application concerning
insufficient area , width and depth of two proposed lots at
Jackson Street , New Suffolk .
On motion by Mr . Goehringer , seconded by Mr . Douglass ,
it was
RESOLVED , to hold Appeal No . 3581 temporarily in
abeyance pending receipt of: (1 ) County Health Department
Article 6 approval , or other action ; (2 ) input from the
Town Planning Board concerning the subdivision elements
or layout .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resol.ution was duly adopted.
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Southold Town Board of Appeals -31 - November 20 , 1986 Regular Meeting
Other Matters . Pendin Public Hearings (**awaiting additional
information as noted , continued :
Appeal No. 3299 - DOUGLAS MILLER . Variance to include
wetlands in subdivision which would not result in
f insufficient area . Kirkup Lane , Laurel . **Await DEC
j, and.-Co.-Health D�partmbnt 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 . (Health Dept . approval
and.-DEC-waiver received . )
Appeal No . 3355 - PAUL & MARIETTA CANALIZO . Variance to
construct with insufff 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 av ng insufficient upland , build-
able area . DEC waiver and Planning Board received .
!' **Await Co. Health and . Trustees . Lighthouse Road and
S/s Soundview Avenue , Southold .
Application 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/B4 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 Arta VI and SEQRA.
( ) Appeal No. 3367 - LOIS AND PATRICIA LESNIKOWSKI . Variance
for approval of two parcels having insufficient area and
width.. S/s. No.rth Qrive , Mattituck . **Await DEC . Build-
ing envelopes and s'gtbacks not shown since enactment of
Local Law - Wetlands Setbacks .
t
Southold Town Board of Appeals -32- November 20 , 1986 Regular Meeting
% Other Matters Pending Public Hearings (**awaiting additional
information as noted) , continued :
Appeal No. 3371 - FLORENCE ROLLE . Variance for approval
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 Faving insuffic ent 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 . �' requested
postponement ttf o��ce and Planning Board reviews .
( ) Appeal No. 3191 - HERBERT MAND,EL . Variance to change
lot line and construct garage in front/side yard areas .
E/s Inlet Lane Extension , Greenport . Premises of R . E .
y Clempner and Herbert Mandel are contiguous . �*Await DEC & PB.
Appeal No . 3249 - 'DONALD P . BRICKLEY. Variance for
approval_ of. lots having fnsufftcient area..and width .
S/s Bay Avenue and E/s Broadwater Drive , Cutchogue .
**Await DEC , Art. VI by County Health , and contour maps .
( ) Appeal No . 3 ROGER MUNZ . Variance for �gljef E .
Condition No . 7 and the a�27 rendered 'in
Appeals No . Recessed from 9/13/84 as
f
pp scant . Requests for status have been
(. ; ) Appeal No . 3268 - 'J . 'KATHERINE TUTHILL . Variance for
approval .:of parcels having insufficient 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 ,
i Southold . Await D. E. C. , Co.- eHeaal tth .anTrustee 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 .
i
I,
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Southold Town Board of Appeals -33- November 20 , 1986 Regular Meeting
(' ) 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 nsufficient 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 conveyances?] . PB comments
received .
( ! Appeal No . 3461 - HELMUT HASS. Variance for approval of
two business lots as proposed with insufficient area and
width. S/s C..R. 48 , Peconic . Co . Health Art . VI
Planning Board comments received .
( 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 parcels 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 app(l .' 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 Had , Mattituck. **Await scaled floor
plans and C .O . or PreCO.
( ) Appeal No . 3514 = 'GEORGE 'P : SCHADE. Area , width and
depth variances . _ (Awai.t . C.. _fleaTtF Art. 6 waiver before
-ad•verzis1ng ) .
( ) 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 -34- November 20 , 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 Greenport 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 I 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 Environmental Conservation approval , comments
or input after review of the site plan by the Planning
Board, 10/9/84.
( ) 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 .
There 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 p .m.
Respectfully submitted ,
Oin�da F . Kowalski , Secretary
Southold Town Board of Appeals
Approved - December�-1 , 1986
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RECEIVED AND FILED 13Y
THE SOUTHOLD T®VIN CLEt-1K
DATE � 7 f-IOUR q Z 74 /11
wo
Town Clerk, Town of Southold