HomeMy WebLinkAboutZBA-10/02/1986 T Southold ,Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
OCTOBER 2 ,- 1986
REGULAR MEETING
A Regular - Meeting of the Southold Town Board of Appeals was
held on 'T.HURSDAY ;. O.CTOBER 2 , '1986 at 7 : 30 o ' clock p .m. at the
Southold. Town _ Ha.1.1., Main Ro.ad ,, Southold , New York 1.1971 .
Present were : Gerard P . Goehringer , Chairman; Charles
Grigonis , Jr. , Serge Doyen , Robert J . Douglass and Joseph H .
Sawicki , constituti.ng all five members of the Board of Appeals .
Also present were : Victor Lessard , Building-Department Admin-
istrator , Linda Kowalski , Board Clerk , and appro.ximately 120
persons in the audience .
CONCLUSION OF HEARING: Appeal No . 3513 . Matter of STEPHEN
SHILOWITZ. . Condominium construction within 75. feet of bulkhead (s ) ,
west s-ide of Sixth Street , Gr;eenport . Plan " B" submit.ted 9/11 /86 .
Verbal testimony concluded 9/11 /86 subject to receiving two
written briefs from both attorneys , pro and con . Final, submission
was received .9/25/86 . The following action was taken :
On motion by Mr . Goehringer , seconded by Messrs . Douglass
and Grigonis , it was
RESOLVED , to declare the Matter of 'S,TEPHEN SHILOWITZ ,.
officially .concluded (closed) at this ti.me '.in, order to .commence
deliberations and decision as required by law.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
` Southold Town Board of Appeals -2- October 2 , 1986. Regular Meeting
7 : 35 .p .m. ' Public Hearing was held and concluded in the Matter
of LEONARDU$ AND MARIE 'VANOUDENALLEN - Appeal No . 3559 . (No public
opposition ) . [See verbatim trans.cript of hearing prepared under
separate cover and filed simultaneously herewith. ]
7 : 40 p .m . Public Hearing was held and concluded in the Matter
of SHIRLEY HOMAN - Appeal No . 3.555 . (No public opposition ) . [See
verbatim transcript of hearing prepared under_ separate cover and
filed simultaneously herewith . ]
7 : 45 p .m. .'Jublic _ Heari.ng was held and concluded in the Matter
of 'NORMAN AND KAREN REICH - Appeal. No . 3554: (No public opposition ) .
[See verbatim transcript of hearing prepared under separate .cover
and filed simultaneously herewith . ],
7 : 50 . p .m. . - Public - Hearing was held and concluded in the Matter
of JOSEPH 'AND CATHERINE 'RIEMER - Appeal No . 3547 . (No public opposi -
tion ) . LSee verbatim transcript filed under separate cover and
filed simultaneously herewith . ]
7 : 55 p .m. Public Hearing was . held and concluded in the Matter
of GEORGE D . DAMIEN - Appeal No . 3503. (No public opposition during
the hearing : ' See '°verbatim transcripCprepared under separate cover
and filed simultaneously herewith . ]
8 : 03 p .m. Public Hearing was held and concluded in the Matter
of PHILIP AND ELLEN BELLOMO - Appeal No . 3484 . (No public opposition . )
[See, verbatim. transcript of hearing .prepared:..:under separate cover . ]
8 : 09 p .m. Public Hearing was held and recessed until October 22 ,
1986 pending receipt of elevation "overview" map in the Matter of
JOHN SENKO - Appeal No . 3552 . Public opposition was recorded . See
verbatim transcript of hearing prepared under separate cover and
filed simultaneously herewith . ]
8 : 42 - 8 : 50 Temporary recess - qf the meeting .
8 : 50 p . m. Public Hearing was held and concluded in the Matter
of EUGENE BOZZO - Appeal No . 3553 , pending receipt of response from
applicant through his agent , G . Strang ) to consider moving the
garage further back away from the street . (No public opposition . )
[See verbatim transcript of hearing prepared under separate cover . ]
9 : 02 p .m . Public Hearing was held in the Matter of ROBERT
EGAN . Opposition -was received... Public. Hearing was recessed
between 9 : 12 and 9 : 20 for discussion between the applicant ' s
agent , G. Strang , and Ralph Milne (opposing) . Public Hearing was
reconvened at 9 : 20 p .m. and a further - recess for 20 ..min.utes. was . -
reques.ted by both sides . [See verbatim transcript of
hearing prepared under separate cover . ] See continuation at 10 :.08 p .m.
r i
Southold Town Board of Appeals -3- October 2 , 1986 Regular Meeting
9 : 25 p .m. Public Hearing was held and recessed;, in the Matter
of CHURCH OF THE OPEN DOOR. Testimony was received from Paul
Caminiti , Esq .. representing the Church of the Open Door , and others ,
and from Richard J . Cron , Esq . concerning legalities of permitting
multiple uses which may be limited by the town ..codes . The hearing
recessed at 10 : 08 p .m. and continued ..at 10 : 15 (see below).
10 : 08 p .m. Public Hearing was held and concluded in the Matter
of ROBERT EGAN : Opposition from Ralph Milne was withdrawn . [See
verbatim transcript prepared under separate cover . ]
10 : 10 - 10 : 15 Five-minute recess of meeting .
10 : 15 p .m. Meeting reconvened after motion by Mr . Goehringer ,
seconded by Mr . Sawicki , and duly carried. All members present .
10 : 15 p .m. Public Hearing was reconvened in the Matter of
CHURCH OF THE OPEN 'DOOR. Paul Caminiti , Esq . and Richard Cron , .Esq .
continued testimony concerning legalities . Mr . Caminiti indicated
Special Exception must be granted based on court precedents ,
regardless of activities or number of activites , and was asked
to furnish copies of the court cases for the record. Mr . Cron
indicAtdd ' that-'the zoning code requires a Special Exception
for each of the following : House of Worship , and parsonage , and
school , etc . The hearing concluded at 11 : 00 p .m. [See verbatim
transcript prepared under separate cover . ]
11 : 02 p .m. Public Hearing was held and concluded in the
Matter -of EDMUND AND JOAN PRESSLER - Appeal No . 3560 . Gary Flanner
Olsen , Esq . spoke in behalf of the applicahts.. (No public opposition . )
[See verbatim transcript of hearing prepared under separate cover . ]
The public hearings ended at approximately 11 : 20 p .m. and
the board proceeded with the next item on the agenda , ENVIRONMENTAL
DECLARATIONS , (continued on pages 4 - 15 , inclusive ) :
Southold Town Board of Appeals -4- October 2 , 1986 Regular Meeting
APPEAL NO. : 3554
PROJECT NAME: NORMAN AND 'KAREN REICH - --
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: Dwellin.g. with an insufficient rearyard
setback.
LOCATION OF PROJECT: Town of Southold Count of. u�fol�, more
particularly known as: 1809 Right-'of-Way oi'f the Fast ')i e o
Rocky Point Road ,. East Marion . ._
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 setback vari'anc.e regulate-d as
provided in Section 617 . 13 of the State Environmental Quality Review
Act , 6 NYCRR.
e �
Southold Town Board of Appeals -5- October 2 , 1986 Regular Meeting
APPEAL NO. : 3547
PROJECT NAME: JOSEPH AND CATHERINE RIEMER -- .
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: Ins.uff.i.ci ent area ,. width and d.ep.th of two
parcels as re-separated , known and referred to as Lots 96 thru 98 •. and
half of 99 , at Peconic Bay Estates , Greenport.
LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more
particularly known as: West Side of Bay Shore Road , Peconic Bay
Estates , GHenport , 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 proj.ect, be imple-
mented as planned;
(2) The relief requested is an area/lot-line variance regulated
as provided in Section .617 . 13 of the State Environmental Quality
Review Act , 6 NYCRR.
L t
So.ut'ho.l d. To:wn, .Board, of Appeals -6- October 2 , 1986 Regular Meeting
APPEAL NO. : 3503
PROJECT NAME: GEORGE D . DAMIEN —
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• Confirmation of prior actions by B . I . and
Appeal No. 949 of 9/l/66, recognizing two separate building lots, having insufficient .
area, width and depth. Corners.. of Jackson, Fifth and Main -Streets, New Suffolk.
LOCATION OF PROJECT: Town of Southold, County of Suffolk; ore
particularly known as: Corners of Jackson , Fifth and Main Stree-Ps ,
New Suffolk , NY .
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 not directly related to new' 'construc-
tion .
t t
Southold Town Board of Appeals -7- October 2 , 1986 Regular Meeting
APPEAL NO. : 3557
PROJECT NAME: ROBERT EGAN
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse-effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: • [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: (1 ) .Recons.truct dwelling with i nsuffi ci e.nt total
sideyards, insufficient NW sldeyard insufficient frontyard; 2) addition and
reconstruction of dwelling within 7� feet of tidal wetlands, along Spring Pond, Orient .
Harbor.
LOCATION OF PROJECT: Town of Southold County of..Suffolk, more
particularly known as: 330 Knoll Circle , East Marion ; Gardiners
Bay Estates .
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;
The relief requested is a setback variance regulated as pro-
vide c�2In Section. 617 . 13 of the State Environmental Quality Review .
Act , 6. NYCRR.
Southold Town Board of Appeals -8- October. 2 , 1986 Regular Meeting
APPEAL NO. : 3562
PROJECT NAME: ANA G . STILLO
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse-effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: . [X.] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for approval of insuff-ic-ient
area and depth of three proposed parcels in this .pending minor
subdivision ..
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Right-of-way off the North Side of Main Road ,
Orient , NY ; 1000-14-2-26 , .,contai'ning a total of 1. 2 acres .
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 lot-line/area variance regulated
as provided in Section 617 . 13 of the State Environmental Quality
Review Act , 6 NYCRR.
Southold Town Board of Appeals -9- October 2 , 1986. Regular Meeting
APPEAL NO. : 3553
PROJECT NAME:: EUGENE BOZZO
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: (1_) New dwelling with- insufficient setback from
wetlands/tidal water; (2) relocate accessory garage in front yard; (3) construction -
in excess of maximum-permitted 20% lot coverage. .
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: South Side of Camp Mineola Road , Mattituck .
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 setback as exists is less than that proposed by the
relocation/reconstruction of single-family dwelling and accessory,
gara e
�3 ) The premises is bul'kheaded along Great Peconic Bay .
Southold Town Board of Appeals -10- October 2 , 1986 Regular Meeting
APPEAL NO. : 3555
PROJECT NAME: SHIRLEY HOMAN --
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 with an insufficient
rearyard setback , 160 Smith Drive ; Peconic , NY . -.
LOCATION OF PROJECT: Town of Southold, County of.-Suffolk, more
particularly known as: 160 Smith Drive , Peconic , 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 �17.13 of the State Environmental Quality Review Act, 6 NYCRR.
Southold Town Board of Appeals -ll - October 2 , 1986 Regular .Meeting
APPEAL NO. : 3559
PROJECT NAME: LEONARDUS 'AND MARIE VANOUDENALLEN --
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: Additio-n. to dwelling with an in.su.fficient .
frontyard setback. 230 Sailors Lane, Cutchogue.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 230 Sailors Lane C-utchogu•e , 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.
Southold Town Board, of Appeals -12- October 2 , 1986 Regular Meeting
APPEAL NO. : 3513
PROJECT NAME: STEPHEN SHILOWITZ
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 construct condomin.ium
complexes within 75 feet of bulkhead or tidal water .
LOCATION OF PROJECT: Town of Southold, County of.-Suffolk, more
particularly known as: West Side of Sixth Street , Greenport , NY ;
1000-49-01 -25 . 1 . Zoning District : "M-Light Multiple . "
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.
(3 Other,State, Count , ,Town and Village permits for this and similar
construction are in effect at his time.
Southold Town Board of Appeals - 13- October 2 , 1986 Regular Meeting
APPEAL NO. : 3487
PROJECT NAME: CHURCH OF THE OPEN DOOR —
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 j ]
DESCRIPTION OF T ON• Special Exception to construct and es.tabl i sh
House of Worship with re�'aCteTd activities on a five-acre tract referred to as
Lot #3, Minor Subdivision of S. Catapano, sketch approved 4/14/86 by Planning Board.
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more .
particularly known as: West Side of Main. Bayview_ Road, Southold , NY .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
�2) The subject premises is not located within 300 feet of tidal wetlands.
3) This application is related to use of the subject premises p vspant to
the requirements of Article III, Section 100-30 of the Town Zoning Code_
Southold Town Board of Appeals -14- October 2 , 1986 Regular Meeting
APPEAL NO. : 3560
PROJECT NAME: EDMUND AND JOAN PRESSLER --
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 1#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• Appeal from Notice of Disapproval of .Bui 1 di ng
Inspector dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and Variance to establish
second retail/business use in conjunction with existing nonconforming two-family
* LOCATION OF PROJECT: Town of Southold, County of;.Suffolk, more
particularly known as:
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 application is not related. to new construction and
concerns occupancy of an existing structure .
tidal (3 ) The subject premises is not located wifhln 300 feet of
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.
*dwelling and. antique sales business uses on this parcel of 69,912 sq. ft. in area
and 95.44 ft. lot width.
Southold Town Board of Appeals -15- October 2 , 1986 Regular Meeting
APPEAL NO. : 3484
PROJECT NAME: PHILIP AND ELLEN BELLOMO ---
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 at rear of dwelling w.it.h an
insufficient setback from wetlands along Great Pond .
LOCATION OF PROJECT: Town of Southold, Count of Suffolk, moe
particularly known as: 7455 Soundview Avenue , Sou hold .
r
hold .
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;
provi2The relief requested is a setback vari'an.ce regulated as
2ded in Section 617 . 13 of the State Environmental Quality
Review Act , 6 NYCRR.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass , Doyen and Sawicki. . This resolution was duly adopted .
Southold Town Board of Appeals -16- October 2 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3520 - THOMAS SHALVEY .
Application of 'THOMAS SHALVEY for a -Variance - to the Zoning
Ordinance , Article III., ' Section, lQO'.31 , Bulk Schedule , for
approval of insufficient area , width and depth of two parcels
in this .pro.posed division or set-off of land located along the
south side o.f Case Road , Cutchogue , NY ; County Tax Map. Parcels
No . 1000-116-2- 15 and 16 .
Following deliberations , the board took the following action :
WHEREAS , a _public hearing was held and concluded on August 14 ,
1986 , in the Matter .of the Application of THOMAS SHALVEY under
Appeal No . 3520 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning ,
and the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is a described parcel of land
containing an area of 33 ,750 sq . ft . , frontage (lot width ) along
Case Road 'of 225 feet , and frontage (lot depth ) along Bay Road
of 150 feet , and is more particularly designated on the Suffolk
County Tax Maps as District 1000 , Section 116 , Block 2 , Parcel
Nos . 15 and - 16 .
2 . The entire premises is improved with a single-family
dwelling as shown by map prepared by Roderick VanTuyl , P . C.
surveyed May 27 , 1986 with a setback of 41z± feet from Bay
Road and setback of 352± feet from Case Road .
3 . By this application , appellant requests approval of the
proposed insufficient. area of Parcels : (a ) No . 1 of 18 , 750 sq .
ft . in area , 125 . 0 ft . fronta.ge along Case Road and 150 . 0 feet
along Bay Road , which .would retain the existing dwelling ; and
(b ) No . 2 of 1.5 ,000 sq . ft. in area , 100 feet along Case Road
and 150 feet deep .
4 . Town records show that the premises was conveyed from
Southold: Town. Board of Appeals -17- October 2 , 1986 Regular Meeting
(Appeal No . 3520 - SHALVEY , decision , continued : )
the M. T. Case Estate during or after September 1963 into three
parcels . Town records also show that the abutting premises on
the east was also conveyed into three parcels from R. B . Case
Estate . No town approvals for these divisions have been found .
5 . The board also finds that lots of a size proposed
by this application would change the character of this
block since two other parcels within this residential
block are substantially larger , to wit : Parcels 1000-
116-2-14 and 22 (22 . 3 ) .
6 . Article III , Section 100 '31 and Bulk Schedule of the
Zoning Code requires a minimum : (a) . lot area of 80 ,000 sq .
ft. , . (b ) lot .width of 175 feet; (c ) lot depth of 250 feet.
The proposed area of each parcel meets 23% or less of these
requirements . The percentage of relief requested is
substantial in relation to the requirements .
In considering this appeal , the board also finds and
determines that the relief must . be denied since : (a ) the
practical difficulties claimed are not sufficient ;
(b) the circumstances are not unique ; (c ) a precedent
would be set since there are other similar circumstances
in the neighborhood ; (d) this proposal is not consistent
with those generally existing on this block; (e ) the
relief requested is substantial in relation to the require-
ments ; (f) in view of the manner in which the difficulty
arose , and .,in considering the above factors , the interests
of justice will be served by denying the . variance as applied.
Accordingly , -on motion by Mr . Douglass , seconded by
Mr . Sawicki, i.t .was
RESOLVED., that the relief requested under Appeal No . 3520
for insufficient lot area , width and depth of two. ..parcels ,
as - applied in the Matter o.f 'THOMAS' SHALVEY , BE AND HEREBY
IS DENIED .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Sawicki , Doyen and Grigonis . This resolution wa.s duly adopted.
Southold Town Board of Appeals -18- October 2 , 1986 Regular Meeting
PUBLIC HEARINGS FOR OCTOBER 22 , 1986 : On motion by Mr.
Goehringer , seconded by Mr . Douglass , it was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to be held at the Regular :Meeting
of this board of WEDNESDAY , OCTOBER 22 , 1986 , and BE IT FURTHER
RESOLVED , that Linda Kowalski , Board Secretary , is hereby
authorized and directed to .publish' no.tice of same in: .the local
and offi...ci.al newspapers of the town, to. wit . '.Suffolk-. .Times , Inc .
and Ld'n.g Island. Traveler-Watchman ,. Inc . :
7 : 35 p .m. Appeal No . 3538 - JEFFREY 'BE_TTA'NCOURT (recessed
from Septecnber 11 , 1.986 ) ;
7 :40;;p .m. Appeal No . 3464 - TED DOWD. New dwelling with
(a ) insufficient frontyard , (b) insufficient '.sideyard , (c )
insufficient rearyard , (d) excessive lot coverage , (e ) insuffi -
cient setback from tidal wetlands (Trustees , DEC and County
Health Department permits received ) . 350 Rabbit Lane , East Marion .
7 : 45 p .m. Appeal No . 3552 - JOHN SENKO (recessed from 10/2/86 ) .
7 : 50 p .m. Appeal No . 3567 - THOMAS WICKHAM. Addition to
dwelling within 75 feet of wetlands . ;.Wdst Creek Avenue , Cutchogue .
7 : 55 p .m. Appeal No . 3563 - RITA F . GLEDICH. Open deck
and dwelling additions with : (a ) excessive lot coverage , and
(b ) i-nsufficient setback from tidal wetlands . East Side of
Oak Street, Cutchogue (Eugene Heights ) .
8 : 05 p .m. Appeal No . 3550 - JOSEPH AND LINDA SCHOENSTEIN
(recessed as requested by applicant ' s attorney on 9/11 /86 ) .
Variances to expand nonconforming use and construct n.ew building
within 75 feet of wetlands area . Peconic Bay Estates , South Side
of Main Road , Greenport. " B-Light Business .Zoning District .
Vote of the Board : Ayes : Messrs . Goehringer , Gr'. igonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
_I
Southold Town Board of Appeals -19- October 2 , 1986 Regular Meeting
ACCEPTANCE OF ROW IMPROVEMENTS : Appeal No . 3337 - KIMON
and RETZOS ... Right-.of-way '-located off the east side of Rocky
Point Road , East Marion , ..as more particularly shown by County
Tax Map Parcel Nos . 1000=31 -2- 10 (and 14) , and John W.,
Davis ,
Road Report #444 dated April 23 , 1985 . A conditional 280=a
variance was rendered by this board on June 13 , 1985 . .inspection
of the right-of-way improvements were made b Chairman Goehringger
on October 1st following a request. on Sept . 8th --, by David Verify and
Norman Reich , contract vendee.s of two lots in this .Minor Subdivi-
sion #81 (1973 ) . The following action was taken :
On motion by Mr . Goehringer , seconded by Mr . Grigonis , it
was
RESOLVED , to accept the right-of-way improvements as
inspected October 1 , 1986 and conditioned ,.by Appeal No . 3337
in the Matter of KIMON AND WOODENE RETZOS , SUBJECT TO CON-
TINUOUS MAINTENANCE AT ALL TIMES .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki .. This resolution was duly adopted .
APPROVAL OF MINUTES . On motion by Mr . Douglass , seconded
by Mr. ' Goehringer , it was
RESOLVED , to approve the Minutes of the following Meetings :
September 11 , 1986 Regular Meeting ; (pp . 1 =44 )
July 31 , 1986 Special Meeting (pp . 1 -4.5.) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was, duly adopted .
DATE OF SPECIAL MEETING : The Board agreed to call a Special
Meeting for the Wee . of Octo er 6th to continue the agenda items .
Mbtioh was made by Mr . Goehringer , seconded by Mr . Sawicki ,
and duly carried to adjourn ,- The meeting was adjourned at 11 : 35 p . m.
Respectfully submitted ,
Linda F. Kowa i_,.l_sk _ Secretary
Southold_ Town- Board of Ap,pea s
pp oved 10/10/ 6 . ` . , =�'C-1EIVED ��'�� LSD B
Gerard P . Goe ringer , Chairman i'tiC�EUifTr '1'Gt; dv
DATE, /J 1-70�-
• ago- 00fir/ 3
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