HomeMy WebLinkAboutZBA-09/11/1986 T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHOfVE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
REGULAR MEETING
SEPTEMBER 11 , 1986
A Reg.ular . Meeting 'of the Southold. Town Board of Appeals
was held on Thursday , Septemberll ; 1986 at 7 : 30 .o ' clock p .m.
at the.. SOU thoI d Town. Hall , Main _Road.., Southold , New .-York 11 971 .
Present were : Gerard P. . Goehringer , Chairman ; Charles
Grigonis , Jr. , Serge, Doyen ,, Robert J . Douglass and Joseph H.
Sawicki , constituting all five members of the Board of Appeals .
Also present were : Victor Lessard , Building-Department
Administrator , Linda Kowalski , Board Clerk ,. and approximately
30 persons at the beginning of the meeting .
The Chairman opened the meeting at 7 : 30 p .m. and proceeded
with the following „deliberations and decision._ pending in the
Matter of 'P_AUL LEARY under Appeal No . 3489 concerning premises
of FRANK E : 'AND MARY BROPHY , 75 Second Street , New Suffolk , NY :
Application of PAUL LEARY for a reversal of decision of the
building inspector for a nullification of actions by the Building
Department to issue a modified Permit and Demolition Permit , and
that the property owners be left to regular procedures of law , to
be allowed only after review_ by the Board of Appeals and- in accordance
with all other provisions of law.. Name of Owners and Location of
Property in Question : FRANK E : 'AND MARY. BROPHY , 75 Second Street ,
New Suffolk , NY ; County Tax Map Parcel..- No . 1000-.117-10-20 . 7 .
This is an Appeal of Paul Leary of two determinations of the
Building Inspector with respect to (1 ) the granting of Building
. 1
♦ Southold Town Board of Appeals -2- September 11 , 1986 Regular Meeting
(Appeal No . 3489 - LEARY/BROPHY , continued : )
Permit No . 14319Z , dated October 3 , 1985 to Peter R. Brophy , as agent
for Frank and .Mary L . Brophy , to make alteration and addition to an
existing dwelling at premises located at 75 Second Street , New
Suffolk , New York (Suffolk County Tax Map District 1000 , Section
117 , Block 10 , Lot 020 . 7 ) and (2 ) the granting of a building
permit No . 14638Z , dated March 11 , 1986 , to Peter Brophy , as agent
for Frank and Mary Brophy , to partially demolish existing dwelling
at premises located at 75 Second Street , New Suffolk , New York.
Hearings. were held by this Board on May 1 , 1986 , June 19 ,
1986 and July 17 , 1986 , at which hearings the attorneys for the
Appellant and for Mr . Brophy introduced in evidence n.umerous docu-
ments_ and presented extensive oral arguments on numerous issues .
From the Appellant ' s petition , it appears that Appellant
bases his, appeal on the following :
(a ) That under Appeal No . 1597 rendered by this Board
on July 27 ,. 1972 , it imposed a_ condition in its decision that
"no improvements be made to the property without approval of the
Board of Zoning Appeals . "
(b ) That an Environmental Impact Statement should be
required pursuant to Article 8 of -the __Environmental Quality Review
Act (SEQRA) and Chapter 44 of the Town Code .
(c ) That the issuance of ,the Building Permit was in
violation of the Flood Management- Prevention Law___ (Chapter 46 ) of
the Town Code .
(d) That the Building Permit issued violated the Zoning
Code in that it permitted the __construction and/or alteration of a
building with an . area in excess of .20% of the lot area .
The issues raised will be considered in the order set
forth above .
(a ) Under Appeal No . 1597 decided on July 27 , 1972 ,
this Board authorized the division of premises at_ New Suffolk
into six separate lots , one of which was the premises which are
the subject of this appeal . In its decision , the Zoning Board
of Appeals imposed fiv_e . conditions . The second condition , which
is at issue here , provides as. follows : "No improvements can
be made without approval of the Board of Appeals by 'the provisions
� Southold Town Board of Appeals -3- September 11 , 1986 Regular Meeting
(Appeal No . 3489 - LEARY/BROPHY , decision , continued : )
of the Ordinance relating to lot coverage . " It is the position
of the Appellant that this condition must. be construed to mean
that any improvement requires the approval of this Board. The
Attorney for Brophy maintains that such condition should be
construed to mean that the approval of this Board is required
only in cases in which such an improvement results in the
building area exceeding 20% of the lot area . This Board con-
strues condition 2 to mean that this Board ' s approval is only
required when improvements would result in the building area
exceeding 20% of, the lot area.
(b ) With respect to the SEQRA questions raised by
Appellant , this Board can find no provision of Article 8 of
the Environmental Quality Review Act or the rules promulgated
pursuant thereto , or Chapter 44 of the Town Code which confers
upon this Board jurisdiction to pass upon determinations of an
administrative officer with respect to SEQRA proceedings , nor
does this Board believe that it has jurisdiction to pass upon
determinations of an administrative officer with respect to
SEQRA proceedings , nor does this Board believe that it has
jurisdiction to review its own SEQRA determinations made in
a previous appeal . It would seem that review of SEQRA deter-
minations are reserved to the courts .
(c ) The Appellant ' s claim that the Building Inspector
issued the Building Permit in violation of the Town ' s Flood
. Management Protection Law is without merit . The record contains'
Development Permit No . 100F issued on March 11 , 1986 , pursuant.
to the Town ' s Flood Management Protection Law.
(d ) The assertion that the building area exceeded 20%
of the lot area is not borne out by the several maps introduced
at the hearing . The only map indicating lot coverage in excess
of 20% was the Sealand _map dated May 13. , _1986 , which erroneously
included the area of the _patio at ' the,_ rear entry to the dwelling ,
which , since it was at ground level , should not have been included
in the calculation of building area pursuant to the definition
contained in Section.. 100-_.13 of the Zoning Code .
In his petition , appellant dwelt heavily on the question
of the demolition permit being issued during or after the fact
and that the Building Permit first permitted an alteration and
was thereafter amended to permit the reconstruction of the
subject dwelling . Since no evidence was presented on these
issues tending to show that such acts by the Building Inspector
#Southold Town Board of Appeals -4- September 11 , 1986 Regular Meeting
(Appeal No . 3489 - LEARY/BROPHY , decision , continued : )
were improper or illeg.al , such contentions are dismissed.
Accordingly , on motion by Mr. Gaehringer , seconded by
Mr. Grigonis , it was
RESOLVED , that for all of the above reasons , the
appeal herein is. in all respects dismissed.
Subsequent to the. close of .the hearing.,' 'Appe.11ant ' s.
attorney , by letter dated July 24 , 1986 , submi_t.ted_._s_e_y_eral photo-
graphs of the..- subject dwelling showing "radius" steps at the
rear entry ; an open porch_. and steps at the front entry , and a
retaining wall in the front yard area . Such letter and photos
were returned by the Chairman on July 28 , 1986 with a letter
advising that the hearing was closed and no further evidence
would be considered . By letter dated August 1 , 1986 , Appellant ' s
attorney resubmitted his photographs and moved to reopen the
hearing . For the purpose of deciding the motion to reopen the
hearing , the Board reviewed such letter and photographs .
Section 100-13 of the Zoning Code defines "Building
Area. " Subsection 2(b ) thereof excludes from such definitions
"steps and open porches projecting not more than 5 feet from
the exterior walls and having an area of less than 30 sq . ft . "
It would appear from such photos that the steps and open porch
fall within subdivision 2 (b ) , and therefore , are to be excluded
from the calculation of "building area .
The "structure" located in the front yard is obviously
a retaining wall and is excluded from the definition of a
"building" in Section 100-13 (3 ) of the Zoning Code .
The receipt of such evidence would , in the Board ' s opinion ,
add nothing to Appellant ' s case , and no useful purpose would be
served by reopening the hearing and , accordingly , the motion to.
reopen the hearing is denied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
t
Southold Town Board of Appeals -5- September 11 , 1986 Regular Meeting
7 : 37 p . m. Public Hearing was held and concluded in the Matter
of Appeal No . 3540 - MARK AND LORRAINE LaROSA for a deck addition
at the rear of existing .dwelling within 7.5, feet of ordinary high-
water mark along "Horton Creek ,." N/s Albo Drive , .Laurel . No one
was present ..either for or against the application.. (See transcript
of hearing prepared under separate cover filed simultaneously with
the Office .of the Town Clerk . )
7 : 40 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . 3551 - RIAL REALTY CORP.- for Variances for insuffi -
cient lot width o.f three. proposed parcels . Location of Property :
North end of ROW .extending from north side of Oregon Road , Mattituck .
Mrs . Sophia Greenfield was present and spoke in behalf of the
applicant . No opposition was received . (See verbatim transcript
prepared and filed under separate cover . )
7 : 50 p .m. Public hearing was held and concluded in the Matter
of Appeal No . 35.51 ..- MARGARET BEST AND ADLYN SYV.ERSON for a Variance
to locate accessory gar.age7storage buildi..ng in the frontyard area .
South Side of ROW ex.tend.ing off the east side of Camp Mineola Road ,
Mattituck. Mrs . Margaret Best spoke in behalf ..of th.e appli__cation .
No opposition was received during the hearing . (See verbatim
tras_n,cript prepared and filed under separate cover . ) The Board
requested exact coordinates/setbacks from all property lines
and staking of building for reinspection .
7 : 55 p .m. Public hearing .was held and concluded in the Matter
of JOHN BREDEMEYER , which was recessed from the .August 14 , 1986
meeting . Variance to locate new dwelling with insufficient setback
from ordinary highwate.r mark along Orient Harbor , West side of Bay
Avenue , Orient . Abigail Wickham , Esq . spoke in behalf of the
applicant . (No opposition was received at this time . ) The board
asked for a copy of a vacant land Certificate of Occupancy for'
this property from Attorney Wickham. (See verbatim transcript of
hearing. )
8 : 00 p .m. Public hearing was held and concluded in the Matter
of WILLIAM AND KATHERINE HEINS which was recessed from August 14 ,
1986 for coordination/comments from the Planning . Board . Variance
for approval of insufficient area , width and depth of two parcels
in this proposed set-off division . Anthony B. Tohill , Esq . spoke
in behalf of the applicants , who were also present . No opposition
was received . (See . verbatim transcript . of hearings ) .
i'
Southold Town Board of Appeals -6- September 11 , 1986 Regular Meeting
(Public Hearings , continued : )
8 :02 p .m. Public Hearing was held and concluded 'in the Matter
of JAMES F . WARWICK. for a Variance to . lift condition of prior ZBA
#17.29 rendered 3/8/73 to allow construction of a new dwelling .
South side of Fasbender Avenue , Peconic. Bailey Park Map Filed
9/26/32 , . Lot #.11 . J.. . Kevin McLaughlin , Esq . spoke in behalf of
the applicant . . Rudolph H . Bruer , Esq . and legal assistant.,
Patricia C. Moore spoke in opposition in behalf of their clients .
The board will be furnished with copies of the July 30 ,. 1985
Letter pertaining to the contract cancellation by _Mr. McLaughlin .
(See verbatim transcript of hearing. )
- 8 :47 p .m. Public hearing was held and concluded in the Matter
of 'ROBE:RT WADDIN.GTON for a Variance to construct - addition to exist-
ing bu,il_ding wi_t_h - ins..ufficient side and rear yard setbacks . 13175
Main Road , Mattituck . "B-1 " General Business Zone . William- Moore ,
Esq . spoke in behalf of-the -applicant . The verbatim transcript
of_ the_. hearing has _been prepared and filed with the Town Clerk
for reference . _.
9. 10 P .M. Public hearing was op6ded in the Matter of JOSEPH
AND LINDA SCHOENSTEIN for Variances : . (a ) to expand nonconforming
use _of welding business , (b) to construct new building and expand
nonconforming welding business use within 75 feet of wetlands .
S/s Main Road , Greenport . Peconic Bay Estates . "B-Light"
Business Zone . Stephen R. Angel , Esq . was present in behalf of
the applicant and requested a postponement inasmuch as the
appraiser was not available this evening . J . Kevin McLaughlin
Esq . was present in behalf of opposing neighbors , Mr. and Mrs .
Nicoletti . The hearing was recessed as request until the
second October meeting .
9 : 15 p .m. ':Public hearing was held in.'the Matter of JEFFREY
BETTANCOURT for a _ Variance fo.r an 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
Subdivision Lot #5 . Mr. Bettancourt spoke in behalf of his
application . Mrs . Ruth Oliva s•pokea°concerning detriments
and erosion problems in this area. (See verbatim transcript
of hearing . ) The public hearing was recessed until the
second October meeting to allow re-inspection of the bluff, etc .
9 : 46 p .m. Public hearing was reconvened in the Matter of
STEPHEN SHILOWITZ for condominium construction within 75 feet
of bulkheads and tidal waters . West Side of Sixth '-Stre.et ,
Greenport . Stephen R. Angel , Esq . spoke in behalf of the
application . Lawrence M. Storm, Esq . spoke as Attorney for
Southold Town. Board of .Appeals -7- September 11., 1986 Regular Meeting
(Public Hearings , continued : )
opposing area residents . Plan " B" was furnished to each of
the board members at the open of the meeting as received
earlier today . The board asked that. all '.the requested
setbacks be placed on the maps , . as well as the square
footage of the ground and second floor living area . Six
of the maps were returned to Mr . Shilowitz at the hearing
as requested and he indicated he would return them within
a few days with the requested information . Each attorney
was permitted one week to submit a brief and counterbriefs .
The submissions would be accepted until September 25th
and the board agreed that no further oral - public comments would
be accepted after tonight , and that upon receipt of the .
corrected maps and briefs , the hearing would be officially
concluded on October 2nd . See verbatim transcript of hearing . )
The public hearings concluded at 10 : 05 p .m. .
ACCEPTANCE OF RIGHT-OF-WAY CONDITIONS : Appeal No . 3475 .
Matter of the Application of JOSEPH H . SAWICKI . Member
Grigonis reported on his recent inspection of the right-of.-way
improvements and recommended approval . Motion was made by
Member Grigonis , seconded by Chairman Goehringer , to accept
the improvements as inspected , subject to the following
requirements :
1 . That the right-of-way be continuously maintained in
good condition at all times .
2 . That the improvements be within the legal perimeter
of the right-of-way . _
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass . (Member Sawicki abstained. ) This resolu-
tion was duly adopted.
#, Southold Town Board of Appeals -8- September 11 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3478 :
Application of" BECKY JOHNSTON . Variances for : (1 ) Building
Inspector to issue building permit allowing existing structure to
be weatherized , prior to final 280-a access approval , and (2 )
approval of access in accordance with New York Town Law , Section
280-a , over private right-of-way extending from the northerly end
of Bridge Lane Extension and Oregon Road , over lands of Bokina ,
identified on the Suffolk County T.ax Maps as 1000-73-2-4 , to
premises of .Johnston , identified on the' Suffolk County. Tax Maps
as 1000-.73-271 .
- 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 BECKY JOHNSTON under
Appeal No . 3478; 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 fo.11owing findings of fact :
1 . The. property,ito which appellant is requesting New York
Town Law , Section 280- a approval , is located in the "A" Residential
and Agricultural Zoning District as more particularly shown on
survey amended August 7 , 1985 prepared by Roderick VanTuyl , P . C.
#4508-6 , contains a total lot area of 25 ,072 sq . ft . , average
lot width of 100 feet and lot depth of 287 feet , and is identified
on the Suffolk County Tax Maps as District 1000 , Section 73 , Block
2 , Lot 1 . The subject premises is improved with a single-family
dwelling under substantial re-construction .
2 . The right-of-way over which appellant has requested
280-a consideration is situated at the north side of Oregon Road
(and Bridge Lane Extension ) , and extends in a northerly direction
along the. east side of Baxter ' s right-of-way and over lands of
Bokina , a distance of 1868 feet , more or less , to a survey mo.nu-
ment , then extending in an -easterly direction along a northerly
,o-Southold Town Board of Appeals -9- September 11 , 1986 Regular Meeting
(Appeal No . 3478 - JOHNSTON , decision , continued : )
portion , over lands also of Bokina , t6 the premises of the appellant ,
a distance of 510 feet , more or less .
3. In this application , appellant requests a Variance
pursuant to the requirements of .-New- York Town Law , Section 280-a ,
for : (a ) the Building Inspector to _be permitted to issue a build-
ing permit allowing the existing structure to be enclosed and
weatherized , -Prior to final 280-a access approval , and (b )
final New York Town Law, Section 280-a approval .
4� At a Special. Term , Part II of the Supreme Court of the
State' of. .N.ew .York,. County of ,Suffo.lk;._,under Index No . ' 86- 1.1849 ,
a proceeding _i.s pending between.__ the appellant and the -owners of
the premises over which the right-of-way is claimed concerning
the 'question of the applicant ' s easement and rights thereto .
5 .. The applicant and her attorney are aware that this
board does not -have authority to determine or grant right-of-way
easements ; and that this action is merely a temporary 280-a
variance, for the issuance of .a. limited __building-permit by the
Building Inspector , which must conform with'_ all other town ,
County ,_ and other governmental rules and regulations , for the
enclosure of the dwelling presently under construction for
protection _from bad weather conditions , and is subject to the
appellant having . legal rights to enter over and upon these
lands , 'and as is _ordered _by the Courts in settlement of the
_.pen.ding proceeding .
6 . Assurance has. been given by the applicant and her
attorney that physical access to the structure is available
by reasonable means and that there will be no occupancy of
the premises once the structure is enclosed for weather
protection .
7. It is noted for the record that under Appeal No . 2609
a conditional 280-.a variance was granted on January ,22 , 1980
concerning premises to the west and. conditions of _which have
not yet been complied.
8. After inspection , it is the opinion of the board
members that some improvements w.i,ll be necessary upon the
right-o.f-.way for sufficient acces.s_ by fire and ._emergency
vehicles , as further noted below .
In granting this temporary 280-.a variance , the board finds :
(a ) the. relief requested_ is not substantial ; (b ) there will
Southold Town Board of Appeals -10- September 11 , 1986 Regular Meeting
(Appeal No . 3478 - JOHNSTON , decision , continued : )
be no substantial change in the character of this district ;
(c ) the relief .as conditionally granted will not cause a
substantial effect or detriment to adjoining properties ;
W the circumstances of this appeal are unique and there
is no other method feasi.ble for .appe_llant to pursue other th
than a variance; . (e ) in view of the manner in which the,
difficulty arose , justice will b_e served by allowing the
variance , as conditionally noted below.
Accordingly , 'on motion 'by Mr . Sawicki , seconded by
Mr . Goehringer , it was
RESOLVED, - that . a . tempor- ar. y 280-a approval is hereby
GRANTED. TO ALLOW _'IS.S.UANCE - OF.- A__TE.M.PORARY :AND LIMITED. BUILDING
PERMIT 'SUB.JE:CT. JO. THE FOLLOWING "CONDITIONS :
1 . That the applicant have an easement and rights over
the right=of-way in_ question ;
2 . . That this approval is subject to the action of the
Courts pending concerning _this matter ;
3. That the applicant and/or future property owners
must re-apply for final 280-.a approval in accordance with
. New York: Town Law after Court settlement for reconsideration ;
4. That this temporary 280-a approval include the
followi.ng - impr.ovements__ for ._suffic,ient_ access within the base
.of _the right-of-way : _
Extending from the rear of the existing barn to the most
northerly - survey monument, a distance of 8.00 feet , more or less
be excavated six inches deep and replaced with six inches of
bankrun (20% stone content)., a minimum width of ten feet .
. 5 . Proper issuance of a temporary building permit shall be
permitted by__ the Building __Inspector only for the enclosure of
the dwellin_g under construction for protection from bad-weather
conditions . No further construction shall be permitted until
final 280-_a has -been filed and re-considered (see Condition _No . 3 ,
supra.. )
. Vote of .the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , 'Dou.glass and Sawicki . This res_ol._ution was du_ly .adopted .
,4,Southold Town Board of Appeals -11 - September 11 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3539 :
Application of MICHAEL HERBERT , for a Special Exception to the
. Zoning Ordinance , Article III , Section 100-30 (B) [16] for permission
to establish "Bed and Breakfast use , " an "owner-occupied building
other than a hotel where lodging and breakfast is provided for not
more "than six casual , transient roomers , and renting of not more
than three rooms . Location of Property : 795, Pike Street , Mattituck ,
NY ; County Tax Map Parcel No . 1000-140-2-23 . Zoning District :
"A" Residential and Agricultural .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concludedon August 14 , 1986
in the Matter of the Application under Application No . 3539 of
MICHAEL HERBERT ; and
WHEREAS , at said hearing all those who desired to be heard were
heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS ; the board made the following findings of fact :
1 . The premises in question is located along the north side of
Pike Street in the Hamlet of Mattituck and is identified on the
Suffolk County Tax Maps as District 1000 , Section 140 , Block 2 ,.
Lot 23 .
2 . The subject premises consists of .a total area of
approximately on"e-hal_f .acre With 85± ft .__ frontag.e along Pike
Street and an average lot depth of 238± feet , and is improved
with the following structures : (a ) a two-story framed , single-
family dwelling shown on survey dated October .9 , 1985 , having a
_setback of.; 39± feet from its front property line _.and sideyards
of 26 feet and 34 feet , and (b ) an accessory garage located
in the rearyard area with an insufficient setback of one foot ,
Southold Town Board of Appeals -12-. September 11 , 1986 Regular Meeting
(Appl . No . 3539 = HERBERT, decision , continued : )
more or less , from the easterly side property line .
3. The subject premises is located in the "A" Residential
and Agricultural Zoning District ; the adjacent parcels to the
west and east are also in the "A" Residential and Agricultural
Zoning District . Other parcels , along the south side of Pike
Street are in the "B-1 " General Business Zoning District .
Abutting the subject premises to the north is the Long Island
Railroad ; north of the Railroad are premises located in the
"C-Light Industrial " Zoning District .
4. For the record it is noted that the applicant purchased
the premises on October 29 , 1985 (Liber 9907 cp_._338 ) , and a
Certificate of Occupancy of -Nonconforming Premises #Z13944 was
issued .October 18 , 1985 for a single-family dwelling .
5 . It is further noted for the record that a use variance
under Appeal No . 3472 was denied without prejudice on May 28 ,
1986 . Subsequent thereto , on July 1 , 1986 , Local Law No . 5-186
entitled , "A Local Law in Relation to Bed and Breakfast Facilities"
was adopted permitting such uses by Special Exception in the
"A" , "M" , "M-111 , "B" , " B-111 , "C" , and "C.-l " Zoning Districts .
6 . Applicant proposes to the use the subject dwelling
in accordance with the requirements of Article III , Section
100-30 ( B) , subsection [16] , and all other town , county and
state regulations pertaining to this "bead and breakfast" use ,
with owner-occupany , where lodging and breakfast is provided
for not more than six , casual , transient roomers and renting
of not more than three rooms.
7 . A minimum of five 10 ' by 20 ' parking spaces will be
installed at the rear of the premises for the rented rooms .
8. Article III , Section 100-30 (B) , subsection [16] makes
exception for site-plan approval and reviews of the Planning
Board for this use .
In considering this application , the board finds and deter-
mines that : (1 ) the proposed use will not prevent the orderly
and reasonable__ use of adjacent properties or of properties in
adjacent use districts ; (2 ) the use will not adversely affect
the safety , welfare , comfort , convenience or order of the town ;
(3 ) the use is._ in harmony with and will promote the general
purposes and intent of zoning . The board has also considered
subsections [a] through [1 ] _of Article XII , Section 100-
121 (C) [2] of the Zoning _Co,de .
,-Southold Town Board of Appeals . - 13- September 11 , 1986 Regular Meeting
(Appl . No . 3539 - HERBERT , ,-decision , continued : )
Accordingly , on motion by Mr . G'oehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that a Special Exception for permission to
establish Bed and Breakfast use within existing single-
family dwelling for the renting of not more than three
rooms for lodging and serving of breakfast to not more
than six - casual and transient roomers , - BE - AND HEREBY IS
APPROVED '.SUBJE.CT. TO, TH.E 'FOLLOW.I.NG COUD.I IONS :
1 . That a minimum of five 10 " by 2 0 ' parking spaces
be installed at the rear of the .subje_ct premises ; and
2 . That this use comply with all other rules and
regulations as apply , including but not limited to the
N . Y . S . Construction and Building Codes .
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly
adopted .
PENDING DECISION : Appeal No . 3442 :1
Application of JOHN J . NEWMAN for a Variance to the Zoning
Ordina,nc_e , Article. X_I ,. Section 100-119. 2 (B ) for permission to
construct additions to dwelling within 75 feet of high water
and existing bulkhead along James Creek ; at 430 Sailors Needle
Road , Mattituck_,. NY; County Tax. Map Parcel No . 100.07,144-5-
29. 1 and 30 .
Follo.wi:ng 'de.libera.ti.ons, the. board. 'took .th.e follo.w.i.:ng action :.
^WHEREA.S , a public hearing was held and concluded on August 14 ,
1986 in the Matter of the Application of JOHN J . NEWMAN , Appeal
No . 3442 ; 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 concer.n.ing_ t.h.is application ; and
WHEREAS, the board members have personally viewed and are
Southold Town Board of Appeals - 14- September 11 , 1986 Regular Meeting
(Appeal No . 3442 - NEWMAN , decision , continued : )
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of facto
1 . The property in question .is located at the north side
of Sailors Needle Road , Mattituck , along James Creek , and is
identified on the Suffolk County Tax Maps as District 1000 ,
Section 144 , Block 5 , Lot 29 . 1 and 30 .
2 . The survey revised August 5 , 1986 , prepared by Roderick
VanTuyl , P. C . indicates that the subject premises contains a
total area of 33 ,780 sq . ft. , including land underwater , and
is improved with the following : (a ) single-family dwelling
of 1 , 595 sq . ft. set back 32± . feet from the westerly edge of
bulkhead and 33± feet from the easterly edge of concrete
seawall and 45± feet from the westerly ordinary highwater
mark ; (b) accessory garage of 878 sq . ft . ; (c ) pool , cabana
and deck areas of 3 ,360 sq . ft. ; (d ) accessory "lighthouse"
_structure of 662 sq . ft . The percentage of lot coverage at
the present time is shown to be 19 . 2%. Applicant has indi -
cated that although the total lot coverage is shown to be
proposed at 22 . 4% , modifications will be made to the deck
areas acceptable to the Building , Inspector to comply with
the maximum 20% lot-coverage limitation .
3. By this application , appellant requests permission
to : (a ) locate a proposed addition extending 12 feet from
th.e westerly side of the existing dwelling having an insuffi -
cient setback at 20± feet from the edge of bulkhead , and ._
(b ) locate a covered deck 25± feet from the _edge of .concrete
seawall , at their nearest points .
4. Article XI , Section 100-119. 2 , sub-paragraph (B) of
the Zoning Code requires all buildings and structures. located
on lots adjacent to tidal water bodies other than the Long
Island Sound to be set back not less than seventy-five (75 )
feet from the ordinary highwater mark of such tidal water body ,
or not less than seventy-five (75 ) feet from the landward edge
of the tidal wetland , whichever is greater .
5 . The setbacks as exist are substantially less than
the requirements and were established many years ago , prior
to the enactment of this local law . The setback as established
-- for the westerly side at _32± feet would meet only 45% of the
Southold Town Board of Appeals -15- September 1.1 , 1986 Regular Meeting
(Appeal No . 3442 - NEWMAN , decision , continued : )
requirements , and the easterly side would meet only 60% of
today ' s requirement from the ordinary highwater mark .
6 . It is the opinion of the board members that variances
of 12± feet at the westerly side and six feet , more or less ,
at the easterly side , is not the, minimal necessary , and will
be a substantial reduction of the requirements .
In considering this appeal , the board also finds and
determines that with an increase of the setbacks as noted
below: (a ) the variance will be the minimum necessary;
(b ) the practical difficulties claimed are sufficient to
warrant a grantin__g of. relief; (c ) there will be no
substantial change in the character of the district ; (d)
the relief as granted is not substantial ; (e ) the circum-
stances are not shared by other properties generally existing
. in the neighborhood ; (f) there is no other method feasible
for appellant to pursue other than a variance ; (g )_ that in
view of the manner in which the difficulty arose and i-n
consideration of all the above factors ,__ t.he interests of
justice will be served.
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Douglass , it was
RESOLVED , that a Variance for perm fission to construct
additions with amendments as noted below , in the Matter of
the Apoplication of JOHN J : NEWMAN under' Appeal No . 3442 ,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Easterly setback at the closest point from the edge
of concrete seawall to be not closer than 27 feet ;
2 . Westerly setback at the closest point from the edge
of bulkhead to be not closer than 24 feet;
3 . Compliance with the 20% maximum-permitted lot
coverage limitation as accepted and recommended by the
building ,Inspector , or additional variance (s ) wil_1 be
necessary;
4. All construction must be in accordance with the
Flood Plain Laws ;
5 . All exterior lighting not to be obtrusive to area
• Southold Town Board of Appeals -16- September 11 , 1986 Regular Meeting
(Appeal No. 3442 - decision , NEWMAN , continued : )
properties and must be of a mushroom-type shielded down to
the ground.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass , Doyen and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No . 3532 :
Application of ARTHUR AND BERNADETTE BURNS for a Variance to the
Zoning Ordinance , Article I I , Sections -3 C ) and 100-32 , for
permission to construct accessory tennis court in the frontyard area ,
at 3525 Private Road #13 (right-of-way extending off the end of Ruth
Road ) , Mattituck ; County Tax Map .Parcel , No . 1000-105-1 -4 .
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 ARTHUR AND BERNADETTE
BURNS , Appeal No . 3532 ; 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 property in question is located at the north side
of Private Road No . 13 in the Hamlet of Mattituck and is more
particularly identified on the Suffolk County Tax Maps as
District 1000 , Section 105 , Block 1 , Lot 4 .
2 . The subject premises contains a lot area of 5 . 483 acres
and average lot width of 227± feet and is shown on survey revised
May 23 , 1986 by Young & Young Surveyors to be improved with : (a )
a single-family , one-story frame house set back very closely to
the bluff along the Long Island Sound and 677± feet from the
' Southold Town Board of Appeals -17- September 11 , 1986 Regular Meeting
(Appeal No . 3532 - BURNS , decision , continued : )
southerly (front ) property line and 50± feet from the easterly
(side ) property line , (b ) accessory inground pool distance 75±
feet south of the dwelling structure , (c ) 8 ' by 22 ' ± accessory
shed situated 327± feet from the southerly property line and 58±
feet from the westerly (side ) property line . _
3 . By this application , appellants request permission to
locate .a 60 ' by 120 ' tennis court approximately 190 feet south
of the existing dwelling in the front yard area . No fencing
is shown or requested at this time , and it should be understood
that this variance does not include an excessive-height relief
for the fence .
4 . The board agrees that the topography of the land and
location of the existing structures lend to the practical
difficulties in this matter and" that there is no other method
feasible for appellants to pursue other than a variance .
5 . It is also the understanding of this board that the
tennis court will be limited as an accessory incidental to
the single-family residential use of the premises and not
operated for gain .
In considering this appeal , the board also finds and
determines : (a ) that the relief requested is not substantial ;
(b ) the practical difficulties claimed -are sufficient to
warrant a granting of relief; (c ) there will be no substantial
change in the character of the district ; W. the circumstances
are not shared by other properties generally existing in the
neighborhood ; (e ) there is no other method feasible for
appellants to pursue other than a variance ; (f) the setback
of the proposed accessory tennis court will be substantially
farther than that provided for new principal structures ;
(g ) that in view of the manner in, which the difficulty
arose and in consideration of all the above factors , the
interests of justice will be served .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that a Variance for permission to locate
tennis court structure accessory and incidental to residen-
tial use of. this parcel , in the Matter of the 'Application
of ARTHUR AND BERNADETTE BURNS , Appeal No . 3532 , BE AND
Southold Town Board of Appeals -18- September 11 , 1986 Regular Meeting
(Appeal No . 3532 - BURNS , decision , continued: )
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The accessory tennis court be located not closer
than 365 feet from the front property line as requested and
not closer_ than 30 feet to the west property line ;
2 . No outside lighting around the tennis court structure ,
as proposed ;
3 . Excessive height of fencing , if any , is not to be
considered part of this approval and may require another
variance application for consideration after formal applica-
tion to the Building Inspector .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
PENDING DECISION : Appeal No . 3536 :
Application of GEORGE AND PAT BROWN for a Variance to the Zoning
Ordinance , Article III , Section 100-31 ., Bulk Schedule , for permission
to construct deck addition to dwelling with reduction of existing
nonconforming sideyard setback , at 150 B'riarwood Lane , Cutchogue ,
NY ; County Tax Map Parcel No . 1000- 136-1 -3 .
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 GEORGE AND PAT BROWN ; 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 property in question is located at the east side of
Harbor Lane in the Hamlet of Cutchogue and is more particularly
Southold Town Board of Appeals -19- September 11 , 1986 Regular Meeting
(Appeal No . 3536 - BROWN , decision , continued : )
identified on the Suffolk County Tax Maps as District 1000 ,
Section 136 , Block 1 , Lot 3.
2 . The subject premises contains a lot area of 14 ,609 sq .
ft . and average lot width of 70 feet and is shown on survey
dated June 3 , 1986 prepared by Roderick VanTuyl , P . C . to be
improved with one single-family , 12-story frame dwelling and
attached garage set back 1,27± feet from Harbor Lane , six feet
more or less from the southerly property line and 13± feet from
a right-of-way along the northerly property line .
3 . By this application , appellants request permission to
construct an above-ground deck addition at the southwest corner
of the existing dwelling with a setback of approximately 12 feet
from the southerly property line .
4 . The present nonconforming setback is 4± feet , and the
amount of footage for further reduction requested is 42 feet ,
for a total of 82 feet , leaving an insufficient setback at
12 feet . It is the opinion of the board that a reduction
to 1z feet is not the minimal necessary , and the setback can
be increased without unusual difficulties .
In considering this appeal , the board also finds and deter-
mines that with an increase of the setback as noted below, this
variance : (a ) will be the minimum necessary ; (b ) will not
substantially change the character of the district ; (c ) is
not substantial ; (.d) there is no. other method feasible for
appellants to pursue other than a variance ; (e ) relief would
be warranted ; (f) that in view of the manner in which the
difficulty arose and in consideration of all of the above
factors , the interests of justice will be served .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that relief be and hereby is GRANTED for permis-
sion to construct open-deck addition at the southerly side of
existing dwelling with a setback of not 'less than three feet ,
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the deck remain open and unroofed at all times ;
2 . That the northerly yard area not be reduced to less
than the 13 ft . from the right-of-way as exists .
Sodthold Town Board of Appeals -20- September 11 , 1986 Regular Meeting
(Appeal No . 3536 - BROWN , decision , continued : )
3 . That the southerly setback not be less than three feet .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION: Appeal No . 3530 :
Application of RAYMOND T. GOODWIN for Variances to the Zoning
Ordinance : (1 ) Article III , Section 100-31 , Bulk Schedule , for
permission to construct kitchen addition with an insufficient
westerly sideyard setback and insufficient total sideyards ;
(2 ) Article XI , Section 100-119 . 2 ( B ) for permission to construct
kitchen and deck additions with an insufficient setback from the
highwater mark along Peconic Bay , at 4450 Peconic Bay Boulevard ,
Laurel , NY ; County Tax Map Parcel No . 1000-128-4-22 . 2 .
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 RAYMOND T . GOODWIN , Appeal
No . 3530 ; 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 property in question is located at the end of a
15-ft . right-of-way extending off the south side of Peconic Bay
Boulevard in the Hamlet of Laurel , along Peconic Bay, and is
identified on the Suffolk County Tax Maps as District 1000 , Sec-
tion 128 , Block 4 , Lot 22 . 2 .
2 . By survey revised May 16 , 1986 'prepared by Young &
Young Surveyors , the premises is shown as containing a total
Southold Town Board of Appeals -21 - September 11 , 1986 Regular Meeting
(Appeal No . 3530 - GOODWIN , decision , continued : )
lot area of 28 , 124 sq . ft . and average lot width of 96 feet ,
and improved with the following structures : (a ) a single-
family , one-story frame dwelling set back 45± feet from the
edge of existing wood bulkhead and 59± feet from a tie line
along. the average high water mark , having nonconforming side-
yards at 22± feet at the west side and 9. 4 feet at the east
side [nearest points] , (b ) accessory frame garage in the
frontyard area set back 2 . 7 feet at its closest point from
the easterly property line , and (c ) 10 ' by 10 ' accessory frame
shed also located in the frontyard area.
3 . By this application , appellant requests permission :
(a ) to construct and locate kitchen addition along the
westerly side and rear of the existing dwelling with a
proposed setback from the wood bulkhead at 49± feet and
the average high water mark 67± feet , ; (b ) to construct
and locate wooden deck addition at the rear of the existing
dwelling with a proposed setback of 34± feet from the existing
bulkhead and 44± feet from the average highwater mark ; (c )
to construct 14 ' by 24 ' kitchen addition with insufficient
total sideyards of 22± feet , and an insufficient westerly
sideyard setback at 12 . 7 feet [at its closest points .
4. Article XI , Section 100-119 . 2 , subparagraph (B) of
the Zoning Code requires all buildings and structures located
on lots adjacent to tidal water -bodies other t.han the Long
Island Sound to be set back not less than seventy-five feet
from the ordinary highwater mark. or not less than seventy-five
feet from the landward edge of tidal wetlands , whichever is
greater .
5 . Article III , Section 100-31 , Column "A" of the Zoning
Code requires minimum total sideyards at 25 feet and not closer
than 10 and 15 feet .
6 . For the record it is noted that the premises was the
subject of prior Appeals under Nos . 2076 rendered September 25 ,
1975 , and 2146 rendered June 10 , 1976 , for area variances .
In considering this appeal , the board. finds and determines :
(a ) that the relief requested. is not substantial in relation to
the requirements ; (b) the difficulties 'are sufficient to warrant
a granting of the variance ; (c ) there will be no substantial
change in the character of the district ; (d ) the circumstances
are not shared by other properties generally existing in the
Southold Town Board of Appeals -22- September 11 , 1986 Regular Meeting
(Appeal No . 3530 - GOODWIN , decision , continued : )
neighborhood ; (e ) there is no other method feasible for appel -
lant to pursue other than a variance ; (f) that in view of the
manner in which the difficulty arose and in consideration of all
the above factors , the interests- of justice will be served
by allowing relief, as conditionally noted below.
Accordingly , on motion by Mr.. Grigonis , seconded by
Mr . Douglass , it was
RESOLVED , that the relief requested under Appeal No . 3530
in the Application of 'RAYMOND T. G00DWIN Jor perm_i ss-_ion -to
construct_ 14 ' by 24 ' kitchen addition with setbacks of not
less than 12 . 7 from the west side line and not less than
49 feet to_ the bulkhead , and construct deck addition as
shown on survey revised May 16 , 1986 prepared by Young and
Young , SUBJECT 'TO THE FOLLOWING CONDITIONS
1 . No further sideyard reductions on either side-;
2 . Proposed wooden deck addition remain open and unroofed .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
PENDING DECISION : Appeal No . 3433 :
Application of GAIL DESSIMOZ and MICHAEL RACZ for a Variance for
approval of access , New York Town Law , Section 280-a over a private .
right-of-way known as Hallock Lane and referred to as Private Road
#10 , extending off the north side of Sound Avenue , Mattituck , New
York (over and along lands of Charles Simmons and Edward Harbes ) .
County Tax Map Parcels No . 1000-112-1 -7 & 8 , and to Parcel No .
1000-112-1 -4.
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 GAIL DESSIMOZ and MICHAEL
RACZ ; and
WHEREAS , at said hearing all those who desired to be heard were
,Southold Town Board of Appeals -23- September 11 , 1986 Regular Meeting
(Appeal No . 3433- DESSIMOZ` 'AND RACZ , decision , continued : )
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 property to which appellants are requesting New
York Town Law , Section 280-a approval , is located in the "A-80"
Residential and Agricultural Zoning District as more particularly
shown on site plan dated November 1 , 1985 , prepared by Peix and
Crawford Architecture , contains a total lot area of 1 . 940± acres
and lot width of 124± feet , and is improved with the following
structures : (a ) single-family , one-story frame dwelling;
(b ) 12 ' by 22 ' garage located in the frontyard area; and
(c ) a 9 ' by 16 ' accessory building , as referred in Certificate
of Nonconforming Premises No . Z11990 dated October 11 , 1983
(Carel DeLeeux and Edward Urbanello ) . This parcel is identified
on the Suffolk County Tax Maps as District 1000 , Section 112 ,
Block 1 , Lot 4 , and is referred to as 4255 Private Road No . 10
(Hallock Lane ) , Mattituck .
2 . By this application , appellants 'request a variance pur-
suant to the requirements of New York Town Law , Section 280-a ,
as more particularly shown on surveys , #3876-2 revised May 20 ,
1986 , and Survey Map of Farm for Herbert M. Reeve Est . dated
July 7 , 1966 , all prepared by Roderick VanTuyl , P . C . , Surveyor .
3 . The right-of-way over which appellants have requested
280-a consideration is situated at the north side of Sound
Avenue , and extends in a northerly direction over lands partly
of Simmons and partly of Harbes , a distance of approximately
4 ,000 feet , to the applicants ' property.
4 . Road Engineer Report No . 523 dated July 7 , 1986
indicates as follows :
The first 2200± feet is fairly level , with variable widths
from 20 feet at Sound Avenue to 10 feet. The material in this
;Southold Town Board of Appeals -24- September 11 , 1986 Regular Meeting
(Appeal No . 3433 - DESSIMOZ AND RACZ,. decision , 'continued : )
area consists primarily of a mixture of sand , loam., with small ,
medium and large gravel . There are numerous 3" to 8" deep pot-
holes .
The next 400± feet has similar materials as above with
some potholes and depressions , and average road width of ll ± feet .
The remaining distance varies from a' flat profile to a plus
grade , with some washout and backfill with large gravel . Material
in this last length is sand , loam , small ,� medium and large gravel
with occasi.on.al stone blend -and averaging ll± feet in width.
. The existing base , except for depressed areas, is hard-
packed and stabl._e . Correcti.ons_. are recommended for improvement .
5 . Appellants have also requested some relief from the
greatest requirements normally placed for', rights-of-way of this
nature inasmuch as they are _appl.yi ng for a b_ui l di n_g permit only
for renovation and repairs to the existing accessory structure_
(referred to as "cabin" without kitchen facilities ) .
6 . It is .noted for the record that the premises in question
was the subject of a prior Appeal under No . 3431 rendered March 10 ,
1986 , and that 280-a access is pending with the Town Planning
Board concerning a division of land for Charles P. Simmons .
7 . The board finds that under the circumstances , the
improvements as noted below should be the' maximum at this
time , to allow for the issuance of a building permit for a
renovation and repair of the existing accessory building ,
and the minimum for proper , sufficient , and safe access by
emergency and other vehicles .
In granting this limited 280-a variance , the board finds :
(a ) the relief requested is' not substantial ; (b ) there
will be no substantial change in the character of this dis-
trict ; (c ) the relief as conditionally granted will not
cause a substantial effect or detriment to adjoining
properties ; (d) the circumstances of this appeal are
unique and there is no other method feasible for appellant
to pursue other than a variance ; (e ) in view of the manner
in which the difficulty arose , justice will be served by
allowing the variance , as conditionally noted below.
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Sawicki , it was
Southold Town Board of Appeals -25- September 11 , 1986 Regular Meeting
(Appeal No . 3433 - DESSIMOZ AND RACZ , decision , continued : )
RESOLVED , that a variance pursuant to New York Town
Law , Section 280-a , for temporary approval of access , BE
AND HEREBY IS APPROVED under Appeal No . 3433 concerning
premises of GAIL DESSIMOZ 'AND MICHAEL RACZ , SUBJECT TO THE
FOLLOWING CONDITIONS :
1 . That this 280-a approval is limited requiring minor
improvements to the right-of-way in order to allow proper
issuance of a building .permit for the renovation/repair of
existing accessory (cabin ) structure . No - other building
permits shall be issued for this property or other
properties having this same. 1'eg.al access route until
final 280-a has been filed and re-considered .
2 . Improvements , within the legal perimeter of the
right-of-way for a minimum width of t,en_ (10 ) feet,
without disturbance to nearby trees along. the right-of-way ,
as follows :
(a ) commencing approximately 2200 feet north of Sound
Avenue , regrade with bankrun having a 20% stone content ; and
(b ) filling all potholes and depressions .
3 . Continuous maintenance of right-of-way for safe and
sufficient access by vehicles .
4. Any other building permits , new subdivisions , set-offs ,
or construction on this or other premises along this right-
of-way shall also be subject to additional application for
New York Town Law , Section 280-a , updated, acce.ss approval .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass , Doyen and Sawicki . This resolution was duly adopted.
Southold Town. Board of .Appeals -26- September .11 , 1986 Regular Meeting
CORRESPONDENCE : Appeal No . 3259 - NICHOLAS ALIANO . Pending
Special Exception application , Art . VI ,• Sec . 100- 0 B (b) ,
Article V , Sec . 100-50 (B) [4] for permission to establish/build
four two-story motel buildings containing 10 motel units for .
transient use , and an office building of 2 , 500 sq . ft. in area
on this 3 , 721 -acre parcel . S/s Main Road , Greenport . B-Light
Business Zone . Written . inquiry was received August 29 , 1986
from Henry E. Raynor , Jr . , as Agent for Mr. Aliano concerning
a determination as a result of the recessed hearing. In checking
with the Planning Board , it appears that two different plans are
before them , one for motel units and the other for 25-garden-
apartment complexes . It was the Planning Board ' s concern that
the garden-apartment proposal was . over-intensified (as to density ) ,
and the '_Pl.anning Board and the applicant are continuing reviews
on this newly received proposal . . It is the position of this
board that once the following have been received , we would be
in a position to schedule the Special Exception for the motel
complex , if this was the step desired by the applicant :
1 . Per discussion with applicant at 8/23/84 ZBA meeting ,
await receipt of signed contract between the applicant and the
Village of Greenport concerning the sewage and .water system
hook-ups necessary to determine maximum-permitted density in
this zoning district ' and well as environmental reviews ) ;
2 . Comments or recommended changes , if any , by the
Planning Board on the amended site plan (when filed in
complete form 0 th the Planning Board) ;
3. Copy of amended Certification or other response from
the Building Inspector concerning the amended site plan for
either the motel complexes or the garden-apartment complexes ,
(whichever is confirmed by the applicant for consideration ) .
4 . Suffolk County Health Department , Art . 6 approval
or other acti.on. or waiver for this proposed development .
The Secretary was directed to respond to Mr . Raynor ' s
inquiry advising him of the above status . Unanimously agreed .
Southold Town Board of Appeals -27- September 11 , 1986 Regular Meeting
I
MATTERS FOR PUBLIC HEARINGS OCTOBER 2 , 1986 : On motion by
Mr. Goehringer , seconded by Mr. _Grigonis , it -was
RESOLVED , to schedule the following matters for public
hearings to be held at the October .2 , 1986 Regular Meeting of
this Board at the .Southold Town Hall , Main Road , Southold ,
New York , and BE IT
FURTHER RESOLVED , that the Secretary is hereby authorized
and directed . to advertise notice of ,same . in the Suffolk Times
and L . I . Traveler-Watchman as required by law:
735 p . m. Appeal No . 3559 - LEONA,RDUS 'AND MARIE. VANOUDEN-
ALLEN . Variance to the Zoning Ordinan.ce , .Article III , Section
100-31 for permission to construct addition to dwelling with
an insufficient frontyard setback , at 230 Sailor ' s Lane ,
Cutchogue , NY ; District 1000 , Section 111 , Block 14 , Lot 07;
7 :40'' p .m. Appeal No . 3555 - SHIRLEY HOMAN . Variance to
the Bul,k"'Schedule for permission to construct addition to
dwelling with an insufficient rear yard setback , at 160 Smith
Drive , Peconic , NY ; District 1000 , Section 98 , B.lock 3 , Lot 38 ;
7 :45 p .m . Appeal No . 3554 - NORMAN AND KAREN REICH.
Variance to the Zoning Ordinance , Article III , Section 100-31
for permission to construct dwelling with an insufficient
rearyard setback , at 1809 Right-of-Way off the East Side of
n Rocky Point Road , East MarioNY ; Di trict 1000 , Section 31 ,
Block 3 , Part of Lot 10 ; Kimon and Retzos Minor Subdivision
#81 , Lot #2 ;
7.,50 p .m. Appeal No . 3547 - JOSEPH AND CATHERINE RTEMER.
Variance to the Bulk Schedule for approval of insufficient 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 Suffolk County Tax Maps as
District 1000 , Section 53 , Block 4 , Lotl32 ;
7 : 55 p .m. Appeal No . 3503 - GEORGE D. DAMIEN . Variance
requesting confirmation of Building Inspector ' s action and
prior Z . B .A. Decision Rendered under Appeal No . ,949 of 9/1 /66 ,
recognizing two separate building lots , � having insufficient
area , width and depth as required by Article III , Section
100-31 , Bulk Schedule . Corners of Jackson , Fifth and Main
Street , New Suffolk . 1000-17-9-12 ;
i
I
II
Southold Town Board of Appeals -28- September 11 , 1986 Regular Meeting
(Hearings for 10/2/86 , continued : )
8 : 00 p .m. Appeal No . 3484 - PHILI!P AND ELLEN BELLOMO . Variance
to construct addition at rear of dwelling with an insufficient setback
from wetlands along Great Pond , 7455 . S&undview Avenue , Southold;
1000-59-6-8;
8 : 05 p .m. Appeal No . 3552 - JOHN SENKO . Variance to establish
shopping center use in this "B-1 " General Business Zoning District
with insufficient lot area , 49295 Main Road (a/k/a Ackerly Pond Lane ) ,
Southold ; 1000-70-7-1 , containing 30 ,084± sq . ft. ;
8 : 10 p .m. Appeal No . 3553 - EUGENE BOZZO . Variances : (a) to
construct dwelling with an insufficient setback from wetlands/tidal
water along Great Peconic Bay ; (2 ) relocate accessory garage build-
ing in the frontyard area ; (3 ) lot coverage of all structures in
excess of maximum-permitted 20 percent . S/s Camp Mineola Road ,
Mattituck ; 1000-123-6-27 ;
8 : 15 p .m. Appeal No . 3557 - ROBERT EGAN . Variances : (1 ) to
reconstruct dwelling with insufficient total sideyards , northwest-
erly side yard , and front yard ; (2 ) addition and reconstruction
within 75 feet of wetlands along Spring Pond , Orient Harbor .
330 Knoll Circle , East Marion , Gardineris Bay Estates , Map of
Section Two ; 1000-37-5-12 ;
8 : 25 p .m. Appeal No . 3486 - CHURCH OF THE OPEN DOOR. Con-
struct and establish House of Worship with related religious
activities on a five-acre trace of land referred to as Lot #3 ,
Minor Subdivision of Salvatore Catapano , which received Sketch-
Plan Approval 4/14/86 by the Southold Town Planning Board .
Location of Property : W/s Main Bayview Road , Southold ; 1000-
69-6-parts of 8 and 2 ;
8 : 45 p .m . Appeal No . 3560 - EDMUND AND JOAN PRESSLER .
Appeal from Building Inspector Notice o'f Disapproval dated 1 /2/86
and ZBA Action #3463 dated 5/6/86 , and Variance to the Zoning
Ordinanceto 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-1 " General Business
Zoning District . N/s Main Road , Southold; 1000-63-3-26 .
Vote of the Board : Ayes : Messrs ., Goehringer , Grigonis ,
Douglass , Doyen and Sawicki . This resolution was duly adopted.
i
Southold Town Board of Appeals -29- September 11 , 1986 Regular Meeting
I
NEW APPLICATION : Review-Appeal Noll. 3549 - KALIN AND GIBBS .
Upon reviewing the file , it was noted that the following informa-
tion was missing , and the board indicated that upon;.receipt of
same , a hearing date would be scheduled: (1 ) Planning Board
coordination , (2 ) County Health , Article 6 action . Proposed
set-off of parcel , N/s Main Road , Orient . 1000-18-2-28 and 29. 1 ,
with tw6 existing dwellings .
UPDATE : Pending Application=Appeal No . 3548 - FRANK R. ZALESKI .
Receipt was acknowledged concerning DEC subdivision approval ,
expiring December 31 , 1987 , Permit #10-85-1401 . As initially
requested in our August 19 , 1986 letterito, Mr . Henry Raynor ,
agent for the applicant , the board awailts copies of the County
Health Art . 6 action and Planning Board coordination/comments ,
prior to scheduling this matter.°for a public hearing .
NEW APPLICATION-Review: Appeal Nol. 3552 - JOHN SENKO . Variance
to establish shopping center use in ,this " B-l " General Business
Zoning District with insufficient lot area of 30 ,084± sq . ft.
Ackerly Pond Lane and N/s Main Road , Southold . The board
authorized scheduling of this matter for a public hearing ,
subject to sending an inquiry to the Suffolk County Department
of Health concerning status under Article 6 .
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer ,
seconded y Mr . Grigonis , it was
RESOLVED , to declare the following, Negative Environmental
Declarations on each of the following matters determining each
project n.ot to have an adverse effect upon the environment for
the reasons indicated below and in accordance with the N . Y . S .
Environmental Quality Review Act (SEQRAI) , Section 617 , 6 NYCRR,
and Chapter 44 . of the Code of .the Town of Southold :
Appeal No . 3540 - Mark and Lorraine LaRosa;
Appeal No . 3541 - Rial Realty Corp''. ;
Appeal No . 3551 - Margaret Best and Adlyn Syverson ;
Appeal No . 3533 - John Bredemeyer;I
Appeal No . 3477 - William and Katherine Heins ;
Appeal No . 3544 - James F. Warwick ;
Appeal No . 3534 - Robert Waddington :
i
(continued on next seven pages )
I
Southold Town Board of Appeals '30' September 11 , 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3540
PROJECT NAME: MARK AND LORRAINE LaROSA
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 sicnilar
1-)roje.ct.
TYPE OF ACTION: [ X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Deck addition at rear of existing
dwelling within 75 feet of ordinary highwater mark along "Horton
Creek" .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: N/s Albo Drive , Laurel .
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.
Sodthold Town Board of Appeals -31 - September 11 , 1986 Regular Meeting
(Environmmental Declarations , continued: ) ,
S.E.Q.R.Ai.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3551
PROJECT NAME: RIAL 'REALTY CORP.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Vuality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board 'determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
! below.
Please take further notice that this declaration should not be
considered a determination made for any ether department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [XJ Type II [ .1 Unlisted [ ]
DESCRIPTION OF ACTION: Lot-line variance (lot width ) of
three parcels in this pending subdivision .
LOCATION OF PROJECT: Town of Southold, County' of Suffolk, more
particularly known as: N/s right-of-way extendin.g off the N/s
of Oregon Road , Mattituck .
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-
ment ed as planned;
(2) The relief requested is a lot-Nine variance regulated as
provided in Section 617 . 13 of the State Environmental Quality Review
Act ,-6 NYCRR. 1
(3 ) The relief requested is not directly related to new
construction .
r I;
Southold Town Board of Appeals -32- September 11 , 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3551
PROJECT NAME:'MARGARET BEST AND ADLYN SYV'ERSON
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.
i
This board -determines the within project not to have a signiii-
cantbadverse 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: Setback of proposed accessory garage
structure. wo,uld place same in the front yard rather than in the
required rear . yar.d .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Right-of-way off the east 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.;relief requested is a setback variance regulated as
provided in - Section 617 . 13 of the State Environmental Quality Review
Act , 6 NYCRR.
i
Southold Town . Board of Appeals -33- September 11 , 1986 Regular Meeting
(Environmental Declarations , continued : ) ,
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3533
PROJECT NAME: J.OHN BREDEMEYER
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
I below.
I
Please take further notice that this declaration should not be
considered a determination made for "any ether department or agency
which may also have an application pending for the same or similar
project.
I TYPE OF ACTION: [ X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Placement of proposed dwelling
with an insufficient setback from bulkhead .
j
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: W/s Bay Avenue , ,Orient .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in ,the short form has been
submitted which indicates that no significant adverse effects to
Lhe environment are likely to occur should this project be irriple-
riented as planned;
t (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) _ A permit under Wetlands #358 was issued by the Southold
Town Board of Trustees ; N . Y . S . Department of Environmental
Conservation has determined that no '-permit is required by their
agency .
I
Southold Town Board of Appeals -34- S'eptember 11 , 1986 Regular Meeting
1 o d : �
. (Environmental Dec ara„t '� ns , conti nue )�
I
S.E.Q.R.A!.
I
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3477
PROJECT NAME: ' WILLIAM 'AND KATHERINE HEINS
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. i
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 depar.tnient or agency
which may also have an application pendi g for the same or similar
project.
TYPE OF ACTION: QX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Area/lot-l.ilne variance for proposed
set-off of parcel .
LOCATION OF PROJECT: Town of Southold, County' of Suffolk, more
particularly known as: North Side of Main Road , , Ori.ent , 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 lot-line/area variance regulated
as provided in Section 617 . 13 of the State Environmental Quality
Review Act , 6 NYCRR.
'(3) The relief requested is not directly related to new
construction.
. s
i
I
Southold Town Board of Appeals -35- September 11 , 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3544
PROJECT NAME: ' 'JAMES F. WARWICK
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Qural.ity Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board -determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any ether 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: To lift condition of prior ZBA
area/lot-line variance #1729 rendered 3/8/73 which prohibited
construction of .new dwelling , allowing only accessory building (s ) .
'LOCATION OF PROJECT:. Town. .of Southold, County of Suffolk, more
particularly known as: South Side of Fasbender Avenue., Peconic .
Bailey Park .Map. Filed 9/26/32 , Lot #1.1 .
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) The relief .requested is not directly related to new
construction ; refers to prior area/lot-li''ne variance action
rendered 3/8/73 .
(3 ) The premises is at an elevation of 10 or more feet
above mean sea level .
I
Southold Town Board of Appeals -36- September 11 , 1986 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3534
PROJECT NAME: ROBERT 'WADDINGTON
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
i7)roject.
TYPE OF ACTION: [X ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient setback from property
lines of proposed addition in this B-1 General Business Zoning
District .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Side of Malin Road , Mattituck , 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 a setback variance regulated as
provided in Section 617 . 13 of the State Environmental Quality
Review Act , 6 NYCRR.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
I
Southold Town Board of Appeals -37- September. 11 , 1986 Regular Meeting
MATTERS UPDATED :
OTHEU MATTERS pending public hearing; awaiting additional
information , as 7 noted. below_:
. .
(a ) Appeal No. ' 3511 = 'KAPELL' _REAL ESTATE/LIMPET. ' Area ,
with and depth variances., Brown,.St . , Greenport: Await
Co . Health approval/waiver before advertising deadline .
(b) Appeal No . 3514 - 'GEORGE P . ISCHADE . Area , width and
depth .variances . Await o ... eaith Dept. waiver before
advertising deadline .
(c ) `Appeal No . 3487 =CHURCH OF � THE OPEN 'DOOR. Await
**10/2 additional... input ' as * reque'sted Re ' Special Exception on
portion of premises pending subdivision approval b�
the Planning Board . ,. W/s Bayview , Road , Southold . rent. 10/2 .
(d) Appeal No. 3519 -: 'SAND.ERS AND SCHWARTZ. Area , width
and setback variances Sn,.t s proposed set-off of
undersized parcels . Await Article VI approval /waiver
and D. E.C. Shores Acres , Mattituck'.
(e ) Appeal No . 3503 - 'GEORGE D. IDAMIEN . Area , width
**10/2 and depth variances : ' 5t an _ Main Streets , New Suffolk .
Await Co. Health approval /waiveriand P. B . .reviews .
(f) Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Area ,
width and depth variances . N/s Pine Tree Road , Cutchogue .
Await Co . Health Art . VI approval,/waiver .
(g ) Appeal No . 3496 - FREDERICK KOEHLER , JR. Cabana/
beach house structure within 75 lof water along Cutchogue
Harbor. N/s Old Harbor -Road . Await Co . Health approval .
(h) Appeal No . 3484 - 'PHILIP AND ELLEN 'BELLOMO . Addition
**1.0/2 to dwelling with insufficient setback from. fresh water .
Private Road off .NJs Soundview Avenue , Southold .
Await D. E. C.
(i ) Appeal No . 3464 -' 'TED 'DOWD. Variance to construct
new dwelling with': (1 ) excessive lot coverage , (2 )
insufficient front yard , (3) ins'ufficient side yard ,
(4) insufficient setback from wetlands . 350 Rabbit Lane ,
East Marion . Pending Town Trustees reviews/action .
I
**tentatively scheduled for hearing .
I
I ,
Southold Town Board of Appeals -38- September 11 , 1986 Regular Meeting
I
(j ) ,Appeal No . 3439 ,- ARNOLD ANDIKAREN 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 . ]
(k ) 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. .
(11 Appeal No . 3461 - HELMUT HASS. Variance for approval of
two business lots as proposed with insufficient area and
width . S/s C .R. 48, Peconici **Await .Co . Health Art . VI .
Planning Board comments received .
I .
(m ) 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.
(n ) Appeal No. 3449 - FRANK AND ETHEL BEGORA. ' Variance for
.approval of three parcel s having insufficient area , depth
and width. N/s Main Road , East- Marion . **Await County
Health Art . VI , corrected maps and P . B. reviews after
submission of maps .
(o ) Appeal No. 3403 - 'ANNA• LORIA! Variance for approval of
two parcels having insuffic ent area , width and depth.
W/s First St . and N/s King St , New Suffolk . **Await
Co. Health Art . VI appal .' andlapproval /waiver.
(p ) Appeal No . 3426 - 'GERALD DOROSKI . Variance for approval
of access (280-a) . N/s C . R. 148 , Peconic : **Await
additional information to clarify ROW and P . B . input .
(4 ) Appeal No. 3411 . ANDREW FOHRKOLB. Variance to restore
existing building for habitable use (additional dwelling
unit) . W/s Lipco Road , Mattituck. **Await scaled floor
plans and C .O . or PreCO.
..... . ..-......_....,..
1
I
5
1
Southold Town Board of Appeals -39- September 11 , 1986 Regular Meeting
Other Matters Pendin Public Hearings (**awaiting additional
information as noted3 , continued : )
('r, ) 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.
( -s )
Appeal -No . 3342 - 'PHILIP R . . REINHARDT. Variance for
approval of two parcels TavTng insufficient area and width.
**Recessed from 5/25/83 as requested by attorney for County
Health Department Art. VI approvall /clearance (and DEC) ;
(.'t ) Appeal No. 3216 - 'EUGE'NE DAVISON . Variance to establish
living quarters over stable . App icant has requested
postponement until further notice and Planning Board reviews .
S/s Sound Avenue , . Mattituck .
( u ) Appeal No. 3191 - HERBERT MANDEL . Variance to change
lot line and construct garage: in front/side yard areas .
E/s Inle.t Lane Extension , Greenport . Premises of R . E .
Clempner and Herbert Mandel are contiguous . **Await DEC & PB.
( :v ) Appeal No. 3249 - 'DONALD P . ; BRICKLEY . Variance for
` approval of lots having insufficient ar.ea .and width .
S/s Bay Avenue and E/s BroadwaterlDrive , Cutchogue .
**Await DEC , Art. VI by County Health , and contour maps .
( w ) Appeal No . 3263 - ROGER MU_N2 .. Variance for Relief of
Condition No . 7 and the ate , 1983 decisions rendered in
Appeals No . 3100 and- 3101 . **Recessed from 9/13/84 as
requested by applicant . Requests for status have been
made.: (without response ) . Premises have been sold .
(. x ) Appeal No . 3268 = 'J : 'KATHERINE TUTHILL . Variance for
approval .:of parcels having insufficient area , width and
depth in this "C".. zone . A*AW.:6it DEC and Co .' Health Art . VI
application/actions . Planning Board recommended denial 9/84 .
(y )' Appeal No . 3537 ROBERT AND SUSAN D ' URSO . Breezy Path ,
Southold . Await D. E. C. , o . Health and Trustee after formal
app.lications. to complete ZBA file '
(z ) Appeal No . 3545 - PATRICK STIGLIANI . Main Bayview Road ,
Southold . Await Co . Health Art . VI and PB coordination .
i
(aa ) Appeal No . 3542 as Amended TIDEMARK/CLIFFSIDE ASSOCIATES .
Await copies of DEC , Co . Health and PB to complete SE file .
SEQRA process pending .
(bb) Appeal No . 3546 - GREGORY FOLLARI . Relief of ZBA condi -
tion requested concerning disturbance of soul at Sound bluff.
Await DEC action . to alter bluff areas before proceeding .
(cc ) Appeal No . 3543 - 'PETER AND , BARBARA HERZ. Wetlands
setback of..proposed dwel ing . 170 Cedar Drive , Southold.
[Await Trustees review and action i� before scheduling for hearing . ]
Southold Town Board of Appeals -40- September 11 , 1986 Regular Meeting
3 �
Other Matters Pendin Public Hearings (**awaiting additional
information as noted}? , continued :
(dj Appeal No. 3299 - DOUGLAS MILLER . Variance to include
wetlands in subdivision which would not result in
� .. insufficient area . Kirkupl'ILane , Laurel . **Await DEC
and.-Co. Health Departmbnt approvals of pending subdivision .
(el 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. )
(fj Appeal No . 3355 - PAUL & MARIETTA CANALIZO. Variance to
construct with insuff cient setback in frontyard and
from wetlands . **Await DEC and wetland setbacks map . - , .
Trustees reviews pending.
i
(gq Appeal No. 3214 - HANAUER & BAGLEY . Variance for
approval of two lots having insufficient upland , build-
able area . DEC waiver and � Planning board received .
**Await Co. Health and Trustees . Lighthouse Road and
S/s Soundview Avenue , -SoutFiold .
(hh 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 .
( i ) Appeal No . 3293 - HAROL:D AND JOSEPHINE DENEEN . Variance
for approval of three p-arcels having 1nsufflcient area ,
width and depth. W/s R.OW off the S/s Bayview Road (west
of Waterview Drive) , Southold : 280-a not requested .
**Await Co . Health Art . VI1and DEC approvals/action .
(j ) Appeal No. 3252 - JOHN CHARLES & M. SLEDJESKI . Variance
appealing decision of Planning Board of 4/2/84 that
buildable area in proposedidivision is less than 80 ,000
sq . ft. (excludes wetland grass areas ) for a one-family
dwelling , and less than 160 ,000 sq . ft . (excludes wetland
grass areas ) for an existing two-dwelling usage .
E/s Narrow River Road and S/s Main Road , Orient .
**Await Co. Health Art :. VIand SEQRA.
(kk ) Appeal No . 3367 - LOIS AND �IPATRICIA LESNIKOWSKI . Variance
for approval of two-parcels having insufficient area and
width.. S/s. No.rth drive , Mattituck . **Await DEC. Build-
ing envelopes and s'gtbacks ' not shown since enactment of
Local Law - Wetlands Setbacks :
G
I
Southold Town Boar.d of Appeals -41 - September 11 , 1986 Regular Meeting
Other Matters Pending Public Hearings (**awaiting additional
information ) :continued :
(11 )
Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to
establish and build four two-story motel buildings contain-
ing 10 motel units for transient use , and an office
building of 2 ,500 sq . ft . in area on this 3. 721 -acre
parcel , zoned "B-Light. " S/s Main Road , Greenport (along
the east side of 7-11 ) . **Recessed hearing from 8/23/84
awaiting Village of Gre'enport contracts to which this
plan is contingent upon before approval may be given .
(mm) Appeal No. 3298 - PORT OF EGYPT/C & L REALTY . Variance
to construct forty-unit mote on insufficient buildable
upland of 4 .83 acres and having insufficient sideyards .
S/s Main Road (prev. Southold Fishing Station/Morris ) ,
Southold. **Await corrected site plans , topographical
survey including lowest floor elevations above mea sea
level , Suffolk County Health Department approval , N . Y . S .
Department of Environmental. Conservation approval , comments
or input after review of the site plan by the Planning
Board, 1019/84.
i
( nn ) Appeal No. 2929 - SAL CAIOLA . Project proposed is ques- .
tionable as to representation . Status/clarification awaited.
N/s C.R. 48 , Southold .
(oo ) Appeal No. 3183 - MARY N . CODE . Smith Drive , North , Southold .
Proposed reseparation of lots . Await DEC and Planning Board
applications to be completed and filed for -input .
(pp ) 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 .
(pp ) Appeal No . 3458 - FRANK ZALESKI Three-lot division with
lots having insufficient area , width and depth . Await
Co . Health Article VI and D . E . C ! approvals .
(qq ) Appeal No . 3549 - JOAN KALIN AND BETSY GIBBS . Insufficient
area , width and depth of parce !: in this proposed-set ':off,
at the north side of Main Road , ', Or.ient . Await Co . Health
Article 6 waiver or action and Planning Board coord. /comments
before scheduling for public hearing .
i
li
I
Southold Town Board of Appeals -42- September 11 , 1986 Regular Meeting
BUILDING-DEPT. MEMORANDUM : Private right-of-way located at
the East Side of South Harbor Road , Southold . The Building
Department has asked for a response concerning the condition
of Private Road #10 (Old Woods Road ) , Southold , which concerns
the pending building-permit application of Charles Blake and
pending Certificate of Occupancy . Mr . and Mrs . John Holzapfel
applied for a 280-a variance under Appeal No . 3432 from the
beginning of the right-of-way along South Harbor Road up to
the Holzapfel property monument . Conditions were placed with
the approval in this matter on April 3 , 1986 ; and subsequent
thereto , the improvements to the right-of-way were constructed
and accepted . Page 2 , paragraph #5 indicated that the
conditional 280-a approval was not to be recognized as an
automatic waiver for any other lots along this right-of-way ,
unless so recommended in writing by the' Building Inspector
and filed with our office . In reviewing the length of the
right-of-way and access to Mr . Blake ' s structures , it was
determined that a separate application for 280-a approval
is necessary for Mr. Blake , particularly since the Holzapfels '
280-a did not include the additional 240± feet past their
parcel and did not include any other parcels . The Chairman
indicated a letter would be sent to Mr . Lessard in response
to his September 8 , 1986 merftorandum .
PENDING APPLICATION : Appeal No . 31543 - PETER AND BARBARA
HERZ . Correspondence was received from the Board of Trustees
dated September 4 , 1986 , and the Bbar. d--Iimembers authorized and
directed the following response :
. . . In response to your September 4th 'letter concerning the
above matter , please ,be advised that we have no objection to
your declaring Lead Agency status on your pending Wetlands
Application . Inasmuch as our jurisdiction deals ,with the
setbacks , as regulated by Part 617 . 13 , subsections (d ) [2] ,
the variance would not be subject to SEQRA [see copies of
SEQRA regulations attached] .
Please feel free to continue the SEQRA process as you
deem necessary. If information is found , however , that the
location of the dwelling , excavation , etc . would directly
disturb wetlands or the environment in any manner , please
coordinate such findings with our office since the same
could affect our initial Type II Declaration .
If we may assist you , please don ' t hesitate to let us know. . . . .
Southold Town Board of Appeals -43- September 11 , 1986 Regular Meeting
ACCEPTANCE OF RIGHT-OF-WAY IMPROVEMENTS : Appeal No . 3475 :
Joseph H . . Sawicki , Jr . Member Grigonis reported that he
recently inspected the improvements constructed within the
subject right-of-way as required by conditions rendered
April 3 , 1986 , in this 280-a application , and recommended
acceptance of same .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that the improvements within the right-of-way
as required by Conditional Variance , No . 3475 rendered. April 3 ,
1986 , as inspected by Member Grigonis of recent date , BE AND
HEREBY ARE ACCEPTED, subject to continuous maintenance at all
times in good condition .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass . (Mem.ber Sawicki abstained. from discussions
and vote . )
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SIGN RENEWALS : On motion by Mr . Grigonis , seconded by
Mr . Doyen , it was
RESOLVED , to approve the following annual Special Exceptions
(concernin.g off-premises-advertising signs ) for a period of ..
one year , subJect to the Federal Highway. Beautification Act
and funding laws for highways :
1 . Appeal No . 279 - Mattituck Merchants
2 . Appeal No . 442 - Young ' s Boatyard
3 . Appeal No : 889 - Joseph Cherepowicz
4. Appeal No . 907 - Orient Country Shore
5 . Appeal No . 930 - Silvermere Bungalows
6 . Appeal No . 935 - Mattituck Plumbing and Heating
7 . Appeal No . 962 - Raynor-Suter Hardware
8 . Appeal No . 1003 - Richard MacNish
9. Appeal No . 1013 - Russell Silleck Agency
10 . Appeal No . 1020 - Southampton Lumber Corp . (Reeve )
11 . Appeal No . 1025 - Frank and Robert klos
12 . Appeal No . 1028 - Frohnhoefer Electric
13 . Appeal No . 1029 - Steve J . Doroski
14. Appeal No . 1042 - Porky ' s Restaurant
15 . Appeal No . 1072 - Thomas and Florence Jurzenia
Southold Town. Board of Appeals -44- September 11 , 1986 Regular Meeting
(Special Exception annual renewals , continued : )
16 . Appeal No . 1084 - Edna Brown
17 . Appeal No . 1124 - Greenport Shores Civic Association
18 . Appeal No . 1165 - JoAnthony ' s
19 . Appeal No . 1166 - Goldsmith ' s Boat Shop
20 . Appeal No . 1224 - San Simeon By the Sound
21 . Appeal No . 1252 - Sound Shore '
22 . Appeal No . 1428 - Armando ' s Barge
23 . Appeal No . 1441 - Fred and Harold Reese
24. Appeal No . 1582 - Volinski Olds ,
25, Appeal No . 1714 - Village Marine of Mattituck
26 . Appeal No . 1725 - Mattituck Inlet Marina and Shipyard
27-31r . . Appeals No . 1727 , 17265 1753., 1321 , 1322 : -? Mattituck
Iniet . Marina and Shipyard
32 , Appeal No . 1898 Agway
33, Appeal No . 1927 - Drossos
34. Appeal No . 1785 - Drossos
35 . Appeal No . 2026 - Mattituck Motel
36 . Appeal No . 2037 - Puerto Verde '
37 . Appeal No . 2075 - Wells Pontiac-Cadillac
38 . Appeal No . 2374 - Advent , Lutheran Church
39 . Appeal No . 2438 - Rhumb Line , Inc .
40 . Appeal No . 2443 — Southold Rotary Club , Inc .
41 . Appeal No . 2599 thru 2608 , 2744 , .2875 thru 2880 -
Southold Town Republican Club/Committee
42 . Appeal Nos . . 2619 thru , 2626 - Southold Town
Democratic . Club/Committee .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
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 : 20 o ' clock p .m .
Respectfully submitted ,
da Kowa.lsk' , Secretary
Pp . 1 -44 _Southo7,d: TQwn.. Board of ,Appeal s
(Transcript of .Hearings September 25 , 1
attached hereto )
Ger rd _'P. , Goehr1,"ngeV Chairman
Approved . - October 1986
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