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HomeMy WebLinkAboutZBA-10/22/1986 ��cwFFOCk��li 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 WEDNESDAY , OCTOBER 22 , 1986 A Regular Meeting of the Southold Town Board of Appeals was held on WEDNESDAY , OCTOBER 22 , 1986 at 7 : 30 o ' clock p .m. at the ' Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis , Jr. ; Serge Doyen , Jr.. ; Robert J . Douglass and Joseph H. Sawicki , constituting all five members of the Board . Also present were : Mark Wooley , Reporter.-fnom the L . I . Traveler , Linda Kowalski , Board Secretary/Clerk , and approximately 35 persons in_ the audience . The following public hearings were held. (The verbatim transcripts of each_- he aring have. been prepared under separate cover and filed with the Office of the... Town Clerk for reference . ) 7 : 35 p .m. - 7 : 45 p .m. Appeal No . 3538 . JEFFREY BETTANCOURT . Inground pool with fence enclosure and gazebo within 100 feet of top of bluff/bank along L . I . Sound . 2410 Grandview .Drive , Orient.. Grandview .Estates Lot #5 .. Following discussions , the . hearing was concluded. 7 : 45 p .m. - 7 : 55 p .m. Appeal No . 3464 - TED DOWD . Variances to locate new dwelling with : (1 -) insufficient front yard , (2 ) insufficient side yard , (3 ) insufficient rear yard , (4 ). total lot coverage in excess of 20% , (5 ) insufficient setback from wetlands . 350 Rabbit Lane , East. Marion . Following discussions , the hearing was officially concluded by unanimous .vote of the board . Southold Town Board of Appeals -2- October 22 , 1986 Regular Meeting (Public Hearings , continued : ) 7 : 55 p .m. - 7 : 58 p .m. JOHN SENKO . Stephen Angel , Esq . , appeared representing the applicant and requested a postponement until the board ' s next meeting . The hearing was open for those who wished. to speak and was then recessed , after motion by Mr . Goehringer , seconded by Mr. Grigonis , and duly carried , until the November 20 , 1986 Regular Meeting of this board. 7 : 58 p .m. - 8 :02 p .m. 'THOMAS WICKHAM . Addition to dwelling within 75 feet of ,wetlands and highwater mark. West Side of *.We_s.t Creek Avenue , Cutchogue . Following discussions , the hearing .was officially concluded by - unanimous vote of the board. 8 :02 p .m. - 8: 09 p .m. RITA F . GLEDICH. Variances to construct deck and dwelling addit.ions. w.ith : (a) total lot coverage in excess of maximum-permitted 20% of lot area , ( b ) an insufficient setback from tidal wetlands and highwater mark along Eugene ' s Creek . East -.Side of Oak Street , Cutchogue . 8 : 09 - 10 :00 p .m. JOSEPH AND LINDA SCHOENSTEIN . Variances � to : (1 ) expand nonconforming use of welding business ; (2 ) construct new building and expand nonconforming welding business use within 75 feet fo wetlands . South Side of Main Road , Greenport . B-Light Zone . (Recessed from 9/11 /86 ) . Following discussions , the hearing was concluded subject to receiving as agreed between Stephen Angel , Attorney for the Applicants , and J . Kevin McLaughlin , Attorney representing opposition , receipt within seven days of written briefs . ENVIRONMENTAL DECLARATIONS : On motion by Mr. Douglass , seconded by Mr. Sawicki , it .was RESO.L.V.E.D,. to declare, the. f.o,llowi.:ng Envi.ro.nmen't.al. Declar.a.tions. on - each of, the following . matter:s ' .n `accordance with .the 'N:.J-,'S'. Environmental Quality Review Act (SEQRA) , Section 617 , 6 NYCRR , and Chapter 44.. of , the Code of the. Town of Southold: (a ) Appeal. No . ­3538 Jeffrey Bettancourt =. Type II ; (b) Appeal. No. 3567 Thom—as-` Wickham - Type II : (c ) Appeal No . 3563 - Rita F . Gledich - Unlisted Action ; (d ) Appeal No . 3464 - Ted Dowd - Unlisted Action ; (e ) Appeal No . 3550 - Joseph and Linda Schoenstein-Unlisted Action : Southold Town Board of Appeals -3- October 22 , 1986 Regular Meeting October 22, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3538 PROJECT NAME: - -J'EFFRE'Y 'B'ETT'AN'C'OURT 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 j ] DESCRIPTION OF ACTION:Inground -pool with fence 'enclosure and gazebo within 100ft. of top of bluff/bank along L. I.-Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2410 Grandview Drive, Orient, . NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) New construction is proposed landward of 10' elevation contour--, ' no disturbance of land alohg .bluff area shall occur; (3) The relief requested is a setback variance regulated by Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. 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. lk Southold Town Board of Appeals -4- October 22 , 1986 Regular Meeting (Environmental Declarations , continued : ) October 22; 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3567 PROJECT NAME: - THOM;AS' WI'CKHAM 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: Addition ' to dwelling within 75 feet of , wetlands and highwater mark. LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more particularly known as: Wks West Creek Ave. ; Cutchogue, NY - REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted. which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a sdtback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act, 6 NYCRR 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 -5- October 22 , 1986 Regular Meeting (Environmental Declarations , continued : ) . October 2L 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3563 PROJECT NAME: RITA F. 'GLED'ICH - -- 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: [:n.] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Construct deck and dwelling additions with total lot coverage in excess of maximum-permitted 20% of lot area and insufficient setback from tidal wetlands and highwater mark LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: E/s Oak Street, Cutchogue, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submittecl, which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Location of- new construction under consideration herein is landward of 10 ' elevation contour.; and no disturbance of land seaward of the 10 ' contour will occur. 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 -6- October 22 , 1986 Regular Meeting (Environmental Declarations , continued : ) October 22; 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3464 PROJECT NAME: TED DOWD 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:Locate new- dwelling with insufficient frontyard, sideyard and rearyard setbacks, total lot coverage in excess of maximum permitted 20% and insufficient setback from wetlands LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 350 Rabbit Lane, .East Marion, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- 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. 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 -7- October 22 , 1986 Regular Meeting (Environmental Declarations , continued : ) October 22; 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3550 . PROJECT NAME: ' ' .J'OS'EP'H -'AND 'L'IND'A' 'S'CHOEN'S'TEIN - -- 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 #k44-4 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION: Expand nonconforming' use of welding business and construct new building and expand nonconforming welding business use within 75 feet of wetlands LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more particularly known as: S/s Main Rd. , Greenport, NY , t 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) No disturbance of land within 10 feet 'of 'existing drainage ditch , and wetlands , whichever is closer . 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 -8- October 22 , 1986 Regular Meeting (Environmental Declarations , continued : ) Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . SET-UPS FOR NEXT REGULAR MEETING : On motion by Mr. Douglass , seconded y Mr . Goehringer, it was RESOLVED , to schedule the following matters for public hearings for the next Regular Meeting of this boa.rd , . to .wit : November 2.0 , 1986 , SUBJECT TO REVIEW AND FURTHER AUTHORATTON' of each file by Member. Douglass prior to advertising: 1 . Appeal No . 3568 - S . Rapanakis . Special Exception for accessory apartment . East Side of Bois.seau Avenue , Southold . 2 . Appeal No . 3565 - Frank Field Realty. Variance to change use of premises to two-family . North Side of Linnett Street , Greenport . 3 . Appeal No . 3566 - Frank Field Realty. Special Exception for two_family dwelling . North Side of...Linnett Street , Greenport. 4. Appeal No . 3571 - Best and Syverson . Addition to dwelling at .southerly side with insufficient setback from bulkhead . (tidal water area ) . Right-of-way off the East side of Camp Mineola Road , Mattituck . Trustees waiver expected 10/30 . 5 . Appeal No . 3569 - Boatmen ' s Harbor . Variance to construct addition to dwelling in this B-1 , Zone within 75 feet of existing bulkhead (tidal wetlands area ) . West Road and West Creek Avenue , Cutchogue .. (Trustees waiver expected 10/30 ) 6 . Appeal No . 3552 - John Senko . Shopping center use in this B-1. Zone . 30 ,084 sq . ft . At intersection with West Side of Ackerly Pond Lane, and North Side of Main Road , Southold . 7 . Appeal to Withdraw prior Action rendered 9/85 , subject to receiving complete application with the next few days . Property of Barbara Schriever , W/s Tabor Road , Orient . Vote of the - Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . Southold Town. Board of Appeals -9- October 22 , 1986 Regular Meeting PEND.I'NG DECISION : Appeal No . 3484 : Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance , Article XI,, Section 100- 119. 2 C for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond , at 7455 Soundview Avenue , Southold , NY ; County Tax Map District . 1000 , Section 59 , Block 6 , Lot 8 . 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 PHILIP AND ELLEN BELLOMO under Appeal No . 3484; 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 XI , Section 100-119 . 2 , subsection C , for per- mission to locate an 8 ' by 13 ' 8" addition at the rear of an existing single-family dwelling structure shown by survey prepared December 12 , 1980 , by Roderick VanTuyl ,. P . C . to be setback from the cattail -area proposed at 29 feet at its closest point and 44 feet from a tie line along the shoreline along Great Pond . Plot Plan prepared by Noel Phyllis Birkby , . Architect dated January 28 , 1986 shows a setback of the porch extension at 50± feet from the tie line along Great Pond . 2 . The premises in question is identified on the Suffolk County Tax Maps as District 1000 , Section 59 , Block 6 , Lot 8 , and contains a total area of 10 ,321 . 24 square feet , more or less , and frontage along Private Road of 50 . 61 feet . The premises gradually widens to 93 . 24 feet at the rear of the premises . 3. Article XI , Section 100- 119: 2 , sub-paragraph ( C) requires all buildings proposed on lots adjacent to any freshwater body Southold Town Board of Appeals - 10- October 22 , 1986 Regular Meeting (Appeal No . 3484 - BELLOMO decision , continued : ) to be set back not less than seventy-five (75 ) feet from the edge of such water body or not less than seventy-five (75 ) feet from the landward edge of the freshwater wetland , whichever is greater . 4 . The relief requested is 46 feet , or 61 % of the requirements , which is in the board ' s opinion substantial . 5 . It was found after inspection of the premises , that the contour of the land along the Pond area is shallow and prone to flooding . It was also noted that the highwater _line was not depicted on the maps submitted with the application and the distances to the shoreline appeared at variance from those shown on the December 12 , 1980 survey . 6 . The area chosen for the proposed addition is not the most feasible and is not the minimal necessary . In considering this appeal , the board also finds and deter- mines : (a ) that this project as proposed is not consistent with those generally existing in the neighborhood ; (b ) the relief requested is substantial in relation to the requirements , being a variance of 61 % ; (c )_ that by allowing the relief as requested , there will be a change in the character of the area , setting a precedent ; (d ) .the circumstances are not unique ; (e ) the variance will in turn be adverse to the safety ,health , welfare , comfort , convenience or order of the town ; (f) that 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 denying the relief as requested under Appeal No . 3484. Accordingly , on motion by Mr . Grigonis , seconded by Mr . Douglass , it was RESOLVED , that the relief requested under Appeal No . 3484 for a proposed addition wit.h a setback of 29 feet from the edge of cattails (shown on survey prepared December 12 , 1980 ) , and 44 feet from a tie line along the shoreline along Great Pond , BE AND HEREBY IS DENIED . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . Southold. Town. Board of Appeals ' 11 ' October 22 , 1986 Regular Meeting PENDING DECISION : Appeal N-o . 3560 : Application of EDMUND AND JOAN PRESSLER , Appealing Building Inspector Notice of Disapproval dated 1 /2/86 and ZBA Action #3463 dated 5/6/86 , and Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , and Article VII , Section 100-70 (A) [1 ] (d ) for p.ermission .to establish a second retail /business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68 , 912 sq . ft . in area and 95 . 44 .ft . lot width . Location of Property : " B-l " General Business Zoning District , North Side of Main Road , Southold , NY ; County Tax Map Parcel No . 1000-63-3-26 . 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 EDMUND AND JOAN PRESSLER under Appeal No . 3560 ; 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 Article VII , Section 100-71 , Bulk Schedule , and Section 100-70 (A) - [1 ] (d ) for permission to utilize premises as a continuing nonconforming two-family dwelling , one retail store-use (antique sales ) , and a newly proposed barber shop , all within building as existing in this " B-l " General Business Zoni._ng District . 2 . The premises in question is situate along the north side of the Main Road commencing at a point 329. 70 feet east of Boisseau Avenue , with 95 . 44 ft . frontage and average depth of 737 . 87 feet , and contains an acreage of 1 . 582 . 3 . The subject premises is improved with a two-story framed ,Southold Town Board of Appeals -12- October 22 , 1986 Regular Meeting (Appeal No . 3560 - PRESSLER decision , continued :_) structure set back 31 feet from its front property line along the Main Road , 15 feet from the west side line , 16 feet from the east side line . The swimmingpool and fence enclosure which previously existed in the rear yard have been removed from the premises and the area is now slated for additional parking . . 4. "Store #1 " is occupied as an antique-sales business containing a floor. area of 1 ,247 sq . ft. "Store_ #2" is proposed for rental as .a barber shop ,,. and would contain 630 sq . ft ... in. floor area. Both stores are on the first floor . 5 . For the record , the existing westerly second-floor apartment contains 630 sq . ft . and the easterly second-floor apartment contains 1 ,084 sq . ft . 6 . It is further noted that Certificate of Occupancy #Z-4897 was issued November 7 , 1972 , which indiCates that the use as a nonconforming two-family dwelling , with accessory doctor ' s office conforms to all the applicable provisions of law . It is the understanding of this board that the doctor '.s office was a home occupation use , accessory to the doctor-owner ' s principal resi - dental use of .one of the .dwelling units , and not a separate principal business use . 7 . Prior actions were taken by the Board of Appeals as follows : (a ) under Appeal No . 1415 _on April 15 , 1971 in the name of Genevieve Albertson for a set-off of this .lot, from an adjoining lot with existing dwellings with insufficient frontage (lot width ) along the Main .Road , (b.) under Appeal No . 34.63 on , April 16 , 1986. granting permission to establish the subject "antique-sales" shop (ret,ail store ) in conjunction with existing nonconforming two-family use , with conditions . In considering this appeal , the board finds and determines that in allowing a small-scale barber shop with a floor area not to excess 630 sq . ft . : (a ) the use will be consistent with and will promote the .general purposes of the zoning code , zoning maps , and Master Plan amendments .as proposed ; (b ) .the circum- stances are unique ;_ (c ) the use will not prevent the orderly and reasonable use of this district or adjacent use districts ; (d ) the use will not prevent the orderly and reasonable use of this district or .adjacent use districts ; (e ) the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected ; (f) the interests of justice w.ill be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Sawicki , seconded by •Southold Town Board of Appeals -13- October 22 , 1986 Regular Meeting (Appeal No. 3560 - PRESSLER decision , continued : ) Mr . Douglass , it was RESOLVED , that the relief requested under Appeal No . 3560 to add a barber-shop use not _to exceed a floor area of 630 sq . ft . as applied in the Matter of EDMUND AND JOAN PRESSLER BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Parking for this additional use as required and approved by the Southold Town Planning Board ; 2 . No parking in front (south ) yard area . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. PENDING DECISION : Appeal No . 3551 : Application of MARGARET BEST AND ADLYN SYVERSON for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory garage/storage building in the frontyard area , at premises located on the south side of 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 Septem- ber 11 , 1986 in the Matter of the Application of MARGARET BEST AND ADLYN SYVERSON under Appeal No . 3551 ; 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 structure in the front yard area as shown by sketched survey received September 18 , 1986 . Southold Town Board of Appeals -14- October 22 , 1986 Regular Meeting (Appeal No . 3551 - BEST AND SYVERSON , decision , continued : ) The distances proposed from the southerly side of the private 50 ' right-of-way is 362 feet , from the westerly side property line 612 feet , from the existing two-story frame house 123 ' 6 " and on an angle to the northwest from the existing cottage structure 56± feet . 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 ' accessory cottage structure , set back 132± feet from the bulkhead ; (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 . It is the opinion of the board that there is no other method feasible for appellants to pursue other than a variance and therefore the accessory structure should be located in the frontyard area , as noted below. 5. The proposed accessory garage structure shall be used only -for garage and storage purposes accessory and incidental to the residential use the premises and not for sleeping or living quarters . In considering this appeal , the board also finds and determines : (a ) that the project as proposed is not out of the 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 the safety , health , welfare , comfort , con- venience 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 Southold Town Board of ,Appe.als -15- October 22 , 1986 Regular Meeting (Appeal No . 3551 - BEST AND SYVERSON , decision , continued : ) interests of justice will be served by granting the variance , as conditionally noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED., to approve the location of a 22 ' by 30 ' accessory garage structure in the frontyard area in the Matter of MARGARET 'BEST AND . ADLYN SYVERSON under Appeal No . 3551 ; SUBJECT TO THE FOLLOWING CONDITIONS : _ 1 . There be a minimum setback from the westerly side property line at 25 feet (or more ) ; _ 2 . There be a minimum setback from the northerly property line at 275 feet ; 3 . 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 o.r living or sleeping quarters . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was duly adopted . CORRESPONDENCE: Appeal No . 3520 - THOMAS SHALVEY . Mr. Henry Raynor , agent , for Mr . Shalvey_ in_ a recent , decision of. the board-rendered October 2 , 1986 denying an area variance in this proposed set-off of land , S/s Case Road , Cutchogue , requested a rehearing by letter received October 21 , 1986 . The Board directed the Secretary to return the letter advising Mr . Rayn6r, that a formal application , by notice , etc . is necessary in a request for a. rehearing , including the "newly -discovere,d - evidence " _ t.o b'e considered before granting or denying the rehearing request . Southold Town Board of Appeals -16 - October 22 , 19.86. .Re.g.ular Meeting SPECIAL MEETING: The board agreed to meet one evening at 7 .00 p..m. at a Special Meeting to bring those matters pending from October up-to-date (pending deliberations , actions , etc . ) during the first week:.in November. (Meeting date ..was held 11 /3) . There being no other business properly coming before the board at this time , the Chairman declared the meeting adjourned . The meeting was adjourned at 10 : 20 .o,'..clo.ck 'p .m. Respectfully submitted , Linda F. Kowalski , Secretary Southold: Town. Board of Appeals oved_11 /3/8 _.RECEIVED AND FILED BY TH-Z SOUTHOLD TONIN CLERK DATE l�5 HOUR Town Clerk, Town of Sou old