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Home My WebLink AboutZBA-07/31/1986 SPEC FULA T Southold Town Boar of Appeals MAIN ROAD -. STATE ROAD 25 SOU,THOLD, 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 SPECIAL 'MEETING JULY ' 31 ; 1986 - A Special Meeting of the Southold Town Board of Appeals was held -on THURSDAY ; .JULY 31 ,' 1986 at 7 : 00 o ' clock p .m.. at the Southold Town Hall , Main ..Road , Southold , New York 11971 . Present were : Gerard P . Goehringer , Chairman ; Joseph H. Sawicki ; Robert J . Douglass and Serge Doyen . Member Grigonis was absent (family bereavement) . Also present were Victor Lessard , Building-Department Administrator , 'and Linda Kowal - ski , Board Clerk and Secretary . A Waiver of Notice was executed for this meeting . The Secretary indicated that both newspapers were notified and a notice ,was posted on the Town Clerk Bulletin Board this past Monday . . * * * The Chairman opened the meeting at 7 : 00 .p .m'. and proceeded with the following matters , as follow: Appeal No . 3502 - GREGORY FOLLARI (pending deliberations/action ) Appeal No . 3499 - DANIEL . T. JEROME (deliberations/action ) Appeal No . 3508 - DAVID . MOORE deliberations/action ) Appeal No . 3515 - HOWARD REINHART/C . HYDELL (deliberations/action ) Appeal No . 3529 - PAUL KELSCH deliberations/action ) * Appeal No . 3521 - ANDREW AND WILLIAM GOODALE* (delib. /action ) Appeal No . 3517 - ROSALIE GOWEN* deliberations/action ) Appeal No . 3522 —NORTH FORK BANCORP . * (deliberations/action ) Appeal No . 3428 - BERTHA _ KURCZEWSKI* (deliberations/action ) Appeal No . 3528 - RICHARD AND ALICE McMANUS*(deliberations/action ) Appeal. No . 3526 - BRUCE SIEVERMAN* (deliberations/action ) Appeal No . 3510 - RICHARD ZEIDLER* deliberations/action Appeal No . 3527 - deliberations/action Appeal No . 2531 - EISEN* (deliberations/action ) Appeal No . 3524 & 3525 - T (deliberations/actions ) : t „ , Southold Town Board of Appeals `2- July 31 , 1986 Special Meeting (*Member Douglass out on inspection per Chairman ' s request at this time . ) * * * PENDING DECISION : Appeal No . 3502 : Application of GREGORY FOLLARI for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate new dwelling with an insufficient setback from Long Island Sound bluff. Location of Property : North Side of Sound Drive , Green- port , "Map of Section Four-Eastern Shores " Lot No . 117 , Map No . 4586 ; County Tax Map Parcel No .. 1000-33-1- 15 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on June 19 , 1986 in the Matter of .the Application of GREGORY FOLLARI under Appeal No. 3502 ; 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 , at said hearing all those who desired to. be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation. submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the north side of Sound Drive , Greenport, is identified on the Suffolk County Tax Maps as District 1.000 , Section ' 33 , Block 1 , Lot 15 , and is more particular- ly referred .to as Lot 117 , "Map of Section Four-Eastern Shores , " ,filed in the Suffolk County--Cl.erk ' s Office as Map No . 4586 . 2 . The subject premises is vacant and consists of a total area of 32 ,007 sq . ft.., lot width of 100 feet and lot depth of 322 . 70± ft . The shortest distance from the southerly property line along Sound Drive to the top of bank as scaled on the April 1 ,_. 1981 survey prepared by Roderick VanTuyl , P. C : is shown to be. 1 .95' feet. 3 . By this application, appellant requests permission to locate a new single-family dwell.ing with a setback. from the edge of the top of bank at its closest point at 60 feet , from the southerly (front) property line at 76 feet at its closest point , and with minimum sideyards of .10 and 1.5 feet (as provided .by the .Bulk Schedule-Column ."A" ) . 4. Article XI , Section 100-119 . 2 , sub-paragraph A( 1 ) requires ' Southold Town Board of Appeals -3- July 31 , 1986 Special Meeting (Appeal No . 3502 - FOLLARI , decision , continued : ) all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred ( 100 ) feet from the top of the bluff or bank . 5 . As noted in the June 11 , 1986 Report received as requested from the Suffolk County Soil and Water Conservation District , it was noted as follows : (a ) ,that this parcel is vegetated with herbaceous and woody plant materials with the general slope of the land to the south ; (b) that the bluff face is well vegetated from approximately 12 to 15 feet below the top of bluff toe , which appears st_abl_e at this. time , which may be contri_buted. to numerous large boulders along the beach . 6 . It is the opinion of the board members that : (a ) construction should be located as far back from the bluff' s edge as possible ; (b ).. water runoff ( inclu.ding . lawn sprinklers , etc . ) be piped__ toward the south of the bluff, not to drain over the bluff areas and to reduce sat.uration of the bluff face ; (.c ) no alteration of the land within 50 feet of th_ e_ bluff should occur. In considering this appeal , the board also finds and determines : (a ) that sufficient practical difficulties have been shown to warrant a granting of a variance ; (b) the circumstances of the property are unique ; (c ) there will be no substantial change in the character of the area or. detriment to adjoining_ properties ; (d ) the relief as stipulated below is not substantial in relation to the requirements;. (e ) the variance wi l l not -in turn case a substantial effect of increased population density or be adverse to the safety , health , welfare ,. comfort , _convenience and order of the town; (f) ihe 'i_nterests o.f justice will best be served by allowing a variance , as noted below . .._. Accordingly, on motion by Mr . Sawicki , seconded by Mr . Douglass , it was RESOLVED , that a Variance for permission to locate new single-family dwelling construction , together with all future _deck and pool areas , wi"thin 100 feet of the top of bank along the Long,. Island Sound; BE AND HEREBY IS APPROVED in the Matter of the Application of 'GREGORY FOLLARI , Appeal ,'No . 3502SUBJECT 'TO THE FOLLOWING CONDITI.ONS : 1 . That all construction (new dwelling , attached decks , pool areas , etc . ) shall be permitted not closer than 1 1 {Southold Town Board of Appeals -4- July 31 , 1986 Special Meeting (Appeal No . 3502 - FOLLARI , decision , continued : ) 65 feet from the top of bluff; 2 . There shall be no disturbance of land area within 50 feet of the top of bank , -except for maintenance .of vegetation , shrubs , etc . 3. There shall be no fill or materials deposited over the bluff face . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member - Grigonis was absent . ) This resolution was duly adopted . PENDING DECISION : Special Exception Application #3499: Application of DANT.EL 'AND LISA JEROME for a Special Exception to the Zoning Ordinance , for . approval of . an ,accessory apartment pursuant to Article III , Section 100-30 (B ) . Location of Property : 45125 Main Road , Southold , NY; County Tax . Map Parcel No . 1000- 75-02-3 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held on June 19 , 1986 in the Matter of the Application of DANIEL T . AND LISA JEROME under Application No . 3499; and WHEREAS , the board members have personally viewdd'and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellants request a Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B ) , sub-section [15] for permission to create an .accessory apartment in an existing principal dwelling structure in accordance with the requirements therein . Soutfiold Town. Board of Appeals -5- July 31 , 1986 Special Meeting (Appeal No . '3499-SE 'JEROME, 'de.ci:slon., continue'd_- ) 2 . No additions to the existi.ng structure are proposed or . considered under this application for an accessory apartment. 3 . The premises in question is located in the "A" Resi - dential and Agricultural Zoning District , containing-'a lot area of 30 , 580± sq . ft . . with 177-ft . frontage along the north side of the Main Road (State Route 25 ) , 'Southold . 4. The subject premises is presently improved with the following structures : _ (a ) two-story frame dwelling set back 54 . feet from the front property line and h.aVing _.si.deyards of 56 feet and 83± feet , and , rear.yard of. 53± feet ; (b) two accessory storage sheds located in the rea'ryard area; (c ) temporary farm stand . at eight feet from the front property line (which is to be removed , al.l as shown 'by survey dated -Septem- ber 4 , 1985 prepared by Roderick VanTuyl , P . C . Submitted for the record is a _copy of a Certificate of. .Occupa.ncy of Noncon- forming Premises #Z1.1499 dated February ,.24 , 1983 . ,. 5 . The existing dwelling presently contains a total floor area , as shown by sketch prepared by the applicant , of 2 ,000 sq . ft . , with 1229 sq . ft . for the first floor and 771. sq . ft . for the second floor . It is the intention of the applicants to increase the first floor area to the minimum size required by sub-paragraph (c ) of Section 100-30 (B ) [15] to a minimum of 1 ,600 sq . ft . of liveable floor area . The accessory apartment shall in no event exceed . 40% .of the liveable floor area .of the first floor and shall contain not less than .450 sq . ft . ,. 6 . It is noted for the record this premises is the subject of a prior action by the Board of Appeals rendered May 12 , 1977 under .Appeal No . 227.7 . In considering this application , the board finds and deter- mines that : (a ) the use requested will not prevent the orderly and rasonable use of adjacent properties or of properties in adjacent use districts ; . (b ) the use will not adversely affect the safety , welfare , comfort , convenience or order of the town ; (c ) the use is in harmony with and will 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 Code . Accordingly , on motion by Mr. Goehringer , seconded by ' v � Sout'hold Town. Board of Appeals -6- July 31 , 1986 Special Meeting (Appeal No . 3499-SE - JEROME , decision , continued : ) Mr . Sawicki , it was RESOLVED , that a Special Exception for permission.:to create accessory .apartment as provided in Article III , Section 100-30 (B ) [15] of the Zoning Code , applied in the Matter. of DANIEL T. AND LISA JEROME under .Applicati.on No . 3499 , BE AND HEREBY IS APPROVED SUBJECT TO MEETING THE REQUIREMENTS OF SUB-SECTIONS a .THROUGH (p ) as follows : (a ) The accessory apartment shall be located in the principal building ; (b ) The owner of the existing dwelling shall occupy one of the dwelling units as .the owner ' s principal residence . The other dwelling unit shall be leased for yearround occupancy , evidence by a written lease for a term of one or more years ; . (c ) The existing one-family dwelling shall contain not less than sixteen-hundred [1600] . sq . ft . of liveable floor area ; (d ) The accessory apartment shall contain not less than four-hundred fifty (450 ) sq . ft . of liveable floor area ; (e ) The accessory apartment shall not exceed forty (40%) percent of liveable floor ..area of the ..existing dwelling -unit; (f) A minimum of three off-street parking spaces shall be provided ; (g ) Not more than one [1 ] accessory apartment shall be permitted on this lot; (h ) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 of the -Zoning Code ; ( i ) The exterior entry to the accessory apartment shall , to the maximum extent possible , retain the existing exterior appear- ance of a one-family dwelling; W All exterior alterations to the existing building , except for access to the .apartment , shall be made on the existing foundation ; y , , = Southold Town Board of Appeals -7- July 31 , 1986 Special Meeting (Appeal No . 3499SE - JEROME , decision , continued : ) (k ) Certificate of Occupancy shall terminate upon the transfer of title by the owner , or upon -the owner ceasing to occupy one of the dwelling units as the owner ' s principal. residence . In the event of an owner ' s demise , the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1 ) year from the date of .said demise , whichever shall first occur; ( 1 ) All conversions subject to inspection and approval of the Building _Inspector and renewal of Certificate of Occupancy annually ; (m ) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of . occupancy issued prior to January 1 , 1984; (n ) The existing building , together with the accessory apartment , shall comply with al.l other requirements of Chapter 100 of the Town Code .o.f the Town of Southold ; (o ) Notwithstanding the provisions of Section 100-30 (B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment; (p ) Suffolk County Health Department water and sewage system approvals . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis was ,absent ._) This resolution was duly adopted . . Appeal No . 35.15 - 'RE.IN.HA.RT. - (see pages 8-10 ) . � " SoutHold Town Board of Appeals -$- July 31, 1986 Special Meeting PENDING DECISION: APPEAL NO. 3515: Application of HOWARD REINHART AND CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XI, Section 100-118(B) and Article III, Section 100=30(A) for permission to use existing building for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-01-16. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of HOWARD REINHART and CHARLES HYDELL under Appeal No. 3515; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documenta- tion submitted concerning this application; 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 43,560± sq. ft. and lot width of 185± feet, and lot depth of 240± feet, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 1, Lot 16. 2. The subject premises is improved with three structures as depicted by sketch submitted with this application. The building in which the applicant proposes to establish this carpentry use is located in the rear of the property which appears to be set back 16± feet from the rear property line and 67± feet from the westerly property line. The subject building was and has recently been used for antique storage and auction sales. The two front buildings are used for storage and business use and are not part of this consideration. 3. This is a variance from the Provisions of Article XI, Section 100- 118(B) for permission to establish business use of a lower classification than the previous antique-sales nonconforming use, per Notice of Disapproval dated April 1986 prepared by the Building Inspector. 4. Appellant proposes to establish an area of 29'8" by 40' , more or less, for carpentry working area, and an area of 29'8" by 40' , more or less,both Southold Town Board of Appeals -9- July 31, 1986 Special Meeting � f (Appeal No. 3515 - REINHART/HYDELL, decision, continued:) within the rear building, for sales of the handmade wooden items. Parking is proposed along the westerly side of the rear building, and although outside storage is necessary for the wooden sheds for sale, the area is not depicted. 5.- It is the opinion of this board that a change from the previous antique-sales use to a carpentry woodworking and limited sales of the items handmade is practical and reasonable under the circumstances. 6. The property is located in the "A-40" Residential and Agricultural Zoning District and the existing buildings have been in existence since prior to the enactment of zoning in 1957. It is also noted for the record that by prior Appeal No. 2210, a conditional variance was granted on November 4, 1976 for the reinstatement of a public garage, although the garage use has been discontinued for quite some time. In considering this appeal, the board also finds and determines: (a) that the use proposed is unique; (b) that the use will not prevent the orderly and reasonable use of this and surrounding properties; (c) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (d) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by this use; (e) the interests of justice will best be served by allowing the variance, as fur- ther noted below. Accordingly, on motion by Member Sawicki, seconded by Member Goehringer, it was RESOLVED, that a variance for permission to change use of existing rear building from antique auction sales to carpentry and woodworking sales and shop, BE AND HEREBY IS APPROVED AS APPLIED UNDER APPEAL NO. 3515 IN THE MATTER OF THE APPLICATION OF HOWARD REINHART AND CHARLES HYDELL, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. If the use granted hereunder is discontinued for more than 30 days, this . variance will automatically terminate and become void in its entirety. 2. Within seven days of receipt of this decision, a six-foot stockade, or slatted chainlink fence, shall be erected along the entire rearyard, commenc- ing at a point distant 100 feet along the westerly line, extending along the most northerly rear property line to the easterly line, extending a distance of 100 feet along the easterly line. Before erecting said fence, appropriate permits must be received after application to the Building Department. 3. All fencing must be maintained at all times in good condition. 4. Placement of any "outside storage buildings" for sale: (a) are limited within the northwesterly section of the property, commencing at a point three feet from the northerly property line, LSouthold Town Board of Appeals -10- July 31, 1986 Special Meeting (Appeal No. 3515 - REINHART/HYDELL, decision, continued:) extending in a southerly direction 100 feet, with a width of 25 feet maximum (in an east-west direction 25 feet, in a north-south direction 100 feet) . (b) shall be parallel to the west property line. 5. Limited to one ground sign having a maximum size 3 ft. by 4 ft. 6. No other types of advertising, on vehicles, etc. , shall be permitted. 7. No outside storage within the easterly yard or any other yard areas. 8. Use granted hereunder is limited to be within the existing rear building and within the 25' by 100' outside area at the northwest corner, only. 9. Any deviation from the above will require re-application for consideration. 10. Annual inspection and review by the Building Inspector as to compliance. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. 1 . Southold Town Board of Appeals -11 - July 31 , 1986 Special Meeting PENDING DECISION : Appeal No . 3508 : Application of DAVID MOORE for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to locate new pool , deck and fence areas with an insufficient setback from Long Island Sound bluff. Location of Property : North side of Soundv.iew Avenue , Southold , NY ; County Tax Map Parcel No . 10.00-51 -4- 17 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held on June 19,' 1986 , in the Matter of the Application of 'DAVID M00RE under Appeal No . 3508 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and .WHEREAS , the board made the following findings of fact: 1 . The premises in question is located in the "A- 0". Residential and Agricultural Zoning District along the north side of Soundview Avenue , Southold, Town of Southold , with frontage along the Long Island Sound of 145± feet and _along Soundview Avenue of 158 . 75 feet . 2 . The subject premises is identified on the Suffolk .County Tax Maps as ' District 1000 , Section. 51 , Block 4, Lot 17',._ co_ntains a total area of approximately 41 ,500± square feet ,__ and . s improved with, the following structures..: (a ) single-.family wood frame dwelling set back 105± feet from the front property line , 40 feet from the westerly side property line , 40 feet from the easterly side property line , 22 feet from the top of bluff, at its closest points ; (b ) one-story frame cottage structure located in the frontyard area at the southeast corner three feet from the east side line , 6± feet from the front line [at its closest points] , all as shown by plan #86-038,. dated_. 6/4/86 prepared by Steve. G . Tsontakis Associates . j ' �outhold Town Board of Appeals -12- July 31 , 1986 Special Meeting (Appeal No . 3508 - MOORE , decision , continued : ) 3 . By this application , appellant requests permission to locate a 16 ' by 36 ' inground steel -frame swimmingpool and wood decks along the westerly side of the existing dwelling as shown on plan #86-038 dated 6/4/86 . The setbacks of the proposed new addition are : (a ) at the closest point from the westerly side line , 15 feet ; (b) at the closest point from the top of bluff area , 20 feet . The existing setback of the dwelling at this northwesterly corner from the top of bluff scales to be 41 ± feet. 4 . Article XI ; Section 100-119. 2 , sub-paragraph (A) [1 ] requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred [100] feet from the top of the bluff or bank . 5 . Reference is made for the record of ,the June 11 , '19.86 report requested from the U . S . Department of _Agriculture,__ So_i1 Conservation Service , which as noted in its re.Port _suggests a. location at the southerly end of the house as more suitable . 6 . It is the opinion of the board members that new construction be located as far back from the bluff edge' as possible , which .in turn would be the minimal variance, necessary and under the circumstances_. would allow more distance from the areas actively eroding .at the top lip of the bluff. and/or continued sliding.. of the bluff face ... In considering this appeal , the board also finds and determines : (a ) that the percentage of relief requested from the 100 ' minimum setback requirement is substantial , being a variance of 80%; (b) the placement of the new construction at this specific location is -.not the most feasible area , since the construction could be moved to a more southerly direction , towards the southwest corner of the existing dwelling ; (c ) the circumstances are not unique ; (d ) the practical difficul - ties given are not sufficient to warrant a granting of this variance as applied ; (e ) the difficulty can be obviated by some method. feasi.bly for appellant to pursue other than a variance ; (f) that in view of the manner in which the diffi- culty arose and in consideration of all the above factors., t_he interests of justice will best be served by denying the variance , without prejudice . Accordingly ; on motion by Mr . Douglass , seconded by Mr . Doyen , it. was Southold Town Board of Appeals -13- July 31 , 1986 Special Meeting (Appeal No . 3508 - MOORE , decision , continued : ) RESOLVED , that a Variance for permission to locate attached inground s.wimmi.ngpool with deck areas a distance of 20± feet from the top of bluff along the Long Island Sound., .BE AND HEREBY IS DENIED WITHOUT PREJUDICE as applied under Appeal No . 3508 in the Matter of .the Application. . for DAVID MOORE , Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis was absent ..) This resolution was duly adopted . . At this point in time , Member Douglass was asked to re-measure the distances of an alternative suggested location of:"the fuel tanks in the Matter of Port of Egypt Enterprises . (Member Douglass left for a short while and returned after 20± minutes . ). PENDING DECISION : Appeal No . 3529 - PAUL KELSCH (continued on pages 14 .and 15 ) . Southold Town Board of Appeals -14- July 31, 1986 Special Meeting PENDING DECISION: Appeal No. 3529: Application of PAUL KELSCH for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback, at 405 Wendy Drive, Laurel, NY; County Tax Map Parcel No. 1000-127-08-19. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the matter of the Application of PAUL KELSCH under Appeal No. 3529; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: ( 1. By this application, appellant requests a Variance from the Provi- sions of Article III, Section 100-31 of the Zoning Code for permission to construct deck addition of a size 18' by 22' , which will leave an insufficient rearyard setback at its closest point at 22 feet. 2. The premises in question is referred to as Lot #3 of Minor Subdivision at "Rollingwood Estates," in the Hamlet of Laurel, and is further identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 08, Lot 19. 3. The subject premises contains an area of one-half acre and is improved with a two-story single-family dwelling structure set back 35.5 feet from the front property line and 40 feet (at its closest point) from the rear property line. Certificate of Occupancy #Z12286 was issued on February 22, 1984 by the Building Department for same. 4. Article III, Section 100-31, Bulk Schedule, Column "A" requires a minimum rearyard setback at 35 feet. The percentage of relief requested is 13 feet, or a veriance of less than 38%. The board agrees with the reasoning of the appellant, and finds that the uniqueness of the shape - and character of the parcel lends to the difficulties herein. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the ' I Southold Town Board of Appeals -15- July 31 , 1986 Special Meeting (Appeal No . 3529 - KELSCH , decision , continued : ) (Appeal No. 3529 - KELSCH, decision, continued) : granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) the variance requested is not substantial; (d) there will be no substantial change in the character of the neighborhood or detriment to adjoining proper- ties; (e) the relief requested will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (f) the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that a Variance for permission to construct 18' by 22' deck addition to rear of existing dwelling as applied under Appeal No. 3529 in the Matter of the Application of PAUL KELSCH, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS; _ 1. Deck shall remain unroofed and unenclosed; 2. No overhead lighting which would be adverse to neighboring areas; 3. Deck addition not be closer than 22 feet, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigonis and Douglass were absent.) This resolution was duly adopted. Southold Town Board of Appeals -16- July 31 , 19.86' Spe.cial. .Meeting (Appeal No . 352T - GOODALE; ) PENDING DECISION : Appeal No . 3521 : Application of ANDREW AND WILLIAM GOODALE for a Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to reduce living area in preexisting , nonconforming dwelling unit in this " B-l " General Business Zoning District , to less than 850 sq . ft . Location of Property : 7655 Main Road , Laurel , NY ; County Tax Map Parcel No . 1000- 122-6-30 . 1 (or 30 ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on July 17 , 1986 in the Matter of the Application of ANDREW AND WILLIAM GOODALE under Appeal No . 3521 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a Variance of the provisions of Article III , Section 100-31_, Bulk Schedule of the Zoning Code , as referred in the Notice of Disapproval dated March 28 , 1985 of the Building Inspector , for permission to reduce the living area of this preexisting , nonconforming dwelling unit ,`Sout-hold Town Board of Appeals -17- July 31 , 1986 Special Meeting (Appeal No . 3521 - GOODALE , decision , continued : ) to 767 sq . ft . (on the second level ) , in order to add office area to the first floor for a . total floor area for the business use of 662 sq . ft . 2 . The premises in question is located along the north side of the Main Road (State Route 25 ) .in the Hamlet of Matti - tuck (near Laurel ) , and is identified on the Suffolk County Tax Maps as District 1000 , Section 122 , Block 6 , Lot 30 . 1 (30 ) . 3. The subject premises contains a total lot area of 1 . 12± acres , with a frontage along the Main Road of 120 feet . Existing upon the subject premises are two - single-family dwelling structures as noted by Certificate of Occupancy #Z10885 _dated March 1 , 1982 , and Certificate of Occupancy #Z12534 , and more particularly shown by sketch prepared by Anthony L_ewandowski stamped April 11.., 1986 , and sketch prepared by Penny Lumber dated July 18 , 1986 . The subject premises is located in the "B-l " General ' Business Zoning District . It is QNr understanding that- this application does not involve the enlarging of either of the existing buildings at this time and is an alteration of the first-floor to add office area to expand the present professional -business office use and not for a separate business occupancy . 4. It is noted that one of the effects of the granting of this variance is to reduce the nonconformity of .the dwelling unit in this structure , which is within the spirit of the zoning ordi - nance . In considering this appeal , the board finds and determines : (a ) that the relief requested is not substantial in relation to the zoning requirements for this business zoning_ distri.ct ; ( b ) there will be no substantial change in the character of the immediate area ; (c ) the circumstances are unique ; (d ) the practical difficulties are sufficient to warrant the granting of this variance ; (e ) there is no other method feasible for appellant to pursue other than to enlarge the existing building [which is not feasible for appellant at this time] ; ( f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will best be served by allowing the variance , as noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED ,. that a Variance as requested under Appeal No . 3521 in_ the Matter of the Application of ANDREW AND WILLIAM GOODALE for permission to reduce nonconforming livable floor area of preexisting dwelling unit to 767 sq . ft . , BE AND HEREBY IS APPROVED AS APPLIED. Southold Town Board of Appeals -18- July 31 , 1986 Special Meeting (Appeal No . 3521 - GOODALE , decision , continued : ) Vote of -the Board : Ayes : Messrs . Goehringer , Doyen and Sawicki . (Members Douglass and Grigonis were absent. ) This resolution was duly adopted. PENDING DECISION : Appeal No . 3517 : Application of' :ROSALIE GOWEN for Variances to the Zoning Ordi - nance , Article III , Section 100-31 , Bulk Schedule , for approval of : (1 ) insufficient lot area , (2 ) insufficient lot width , (3 ) insufficient lot depth , of two parcels as proposed in this pending set-off/redivision of land located at the corners of Zena Road , Cpt . Kidd Drive , and Central Drive , Mattituck , NY ; Cpt. Kidd ' s Estates Filed Map No . 1672 , Lots 134 , 153 and 154 ; County Tax Map Parcels No . 1000-1.06-02-32 and 43 . The following took the following action following deliberations : WHEREAS , a public hearing was held and concluded on July 17 , 1986 in the Matter of the Application -of ROSALIE GOWEN under Appeal No . 3517 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question, its pre_s.ent zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted- concerning this application; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests reconsideration of a recent decision rendered by this board under Appeal No . 3450 . for a Variance from the Provisions of Article III , _Section. 100:.31 , Bulk Schedule of the Zoning Code for approval of insufficient area , width and depth of two parcels proposed_ on this- 31 ,740_._ sq ., .ft. , tract of land , 'as follows : (a ) 13,824 sq . ft . in lot area,. *106 ..6.4 -front- age along Zena Road , and depth of. _133 ..5.9 feet for proposed Parcel . #1 (to the south ) , and (b)_ 17, 916_ sq_., ft in _lot _area , 135_..77 ft . frontage along Cedar Drive , and _91 .67 feet along Ze.na Road ,_ and depth _of 133 ..59 feet . for proposed -Parcel .#1 (to the south ) , and (b ) 17, 916 sq . _ft . i_n lot area, 135 . 77 ft., frontage along Cedar Drive , and 9l . 67 ft. . along Ze.na Road, and depth of_ 133.59 feet. So,uthold. Town. Board of Appeals - 19- July 31 , 1986 Special Meeting (Appeal No . 3517 - GOWEN , decision , continued : ) 2 . The subject premises is identified on the Suffolk County Tax Maps as District 1000 , Section 106 , ,Block 2 , Lots 32 and 43 , and is shown on a Map .of " Cpt. Kidd - Estates " filed January 19 , 1949 as Lots #134 , #154 and #153 . The northerly half of the subject premises . is improved with a single-family dwelling set back 35 feet from Zena .Road at its nearest ,point , 37 feet from Central Drive , 22 feet from the proposed division line , and with an accessory garage . 3 . Submitted for the record is communications from the Suffolk County Department of Health Services indicating that the _proposal does , not constitute - an increase in density since the 1949 Map filed with the County clerk are exempt from the new density . standards provided the map is not abandoned. It is also noted that the .Captain Kidd Estates Map was approved on November' 3 , 1948 by the Southold Town. Board .. 4 . Also submitted for the record is communications dated May 2 , 1986 from Captain Kidd Water Company , Inc . indicating that water service can and will be from an existing water main for the two lots . . 5 . ' In viewing the immediate area , the board finds all of the lots on this block to be of a size similar to that .. proposed 'by this re-division , and .. the existing dwellings are serviced by a community water system (Captain Kidd .Water Company , Inc . ) . In considering this appeal , the board finds and determines : (a ) the lots as proposed are similar in size to those existing in the block and therefore there will be no substantial change in the character of the immediate area; (b) the circumstances are unique ; (c ) the practical difficulties are sufficient to warrant the granting of this variance ; (d ) there is no other method feasible for . appellant to pursue ; '(e ) there will be no effect on available . governmental facilities ; (f) in . view of the manner in which the difficulties arose and in considering all the above factors , the , interests of justice will best be . served by allowing the variance , as noted below. Accordingly , on motion by Mr. Sawicki , seconded by Mr. Doyen , it . was T So,uthold Town Board of Appeals -20-July 31 , 1986 Special Meeting (Appeal No . 3517 - GOWEN , decision , continued : ) RESOLVED , that the relief requested under Appeal No. 3517 in the Matter of the Application of ROSALIE GOWEN -for approval of insufficient lot area , width and depth . of ,Parcels #T . and #z , as shown by survey map amended August 16 , 1985 , prepared by Roderick VanTuyl , . P . C . , SUBJECT TO THE ,'FOLLOWING CONDITIONS : 1 . No setback reductions to less than that permitted by Column "A" of the Bulk Schedule of . the Zoning Code ; 2 . Water service must be supplied and se.r.viced by the .p.ub.1ic .wa.ter. uti1ity company (presently• Captain Xidd Water .Company, Inc . ) for proposed :, Parcel #l.a Vote of the Board: Ayes : Messrs . Goeh.ringer , Doyen and Sawicki . (Members Douglass and Grigonis ,.were absent during the adoption of this resolution . ) This resolution was duly adopted . :Southold Town Board of Appeals -21 . July 31, 1986 Special Meeting PENDING DECISION: Appeal No. 3522: Application of NORTH FORK BANCORP. for a Variance to the Zoning Ordinance, Article VII, Section 100-70(C) [2] for permission to install: (1) large on-premises identification sign in excess of the maximum height and width requirements, and (2) second on-premises identification/directory sign, at premises known as 9025 Main Road, Mattituck, NY County Tax Map Parcel No. 1000-122-6-020. Zoning District: "B-Light Business." Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of NORTH FORK BANCORP. under Appeal No. 3522; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and document- ation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests Variances to the Zoning Ordinance, Article VII, Section 100-70(C) for permission to erect: (a) one ground sign for on-premises identification purposes which does not conform to the 4-ft.-minimum height requirement from ground to bottom of sign, and (b) a second ground sign for on-premises identification/direc- tional purposes. The first ground sign for North Fork Bancorporation identification is to be 16 ft. wide by 3 ft. , the lower edge of which is shown to be 2 ft. above average grade and the upper edge to be 5 ft. above average grade, as more particularly shown on Sketch C3 dated April 15, 1986 prepared by Lawrence L. Smith Assoc. The second ground sign for on-premises directories as shown by sketch received June 24, 1986 will be of a size 3 ft. by 3 ft. , the lower edge at a minimum of 4 ft. above average grade and the upper edge at a maximum of 7 ft. , more or less. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 020, is zoned "B-Light Business" and contains a total acreage of 8± acres. 'Southold Town Board of Appeals -22- July 31, 1986 Special Meeting (Appeal No. 3522 - NORTH FORK BANCORP. , decision, continued:) 3. Article VII, Section 100-70(C) of the Zoning Code permits one ground sign not to exceed 6'6" high by 12'6" wide (max. 811.25 sq. ft. in area) , the lower edge not less than four feet above, and upper edge at a maximum height of 15'6", above ground. 4. The board agrees that applicant's requests are not unreasonable under the circumstances due to the uniqueness of the property. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this application; (b) the circumstances are unique and are not shared by other properties in the neighborhood; (c) there will be. no substantial change in the character of the area or detriment to adjoining properties; (d) the relief requested is not .substantial; (e) the variance will not in turn cause a substantial effect of in- creased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) the interests of justice will best be served by allowing the variances, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested under Appeal No. 3522 in the Matter of the Application of NORTH FORK BANCORP. for: (a) one ground ID sign with its lower edge at two feet above average grade and (b) second ground ID/directional sign, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Both bigris-_shall _be`_-locatedr a minimum of 14 ft. from the front property line, as applied. 2. Second on-premises-identification ground sign shall not exceed four feet by six feet (4' by 6') in area. 3. No deviation in location of either sign. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Doyen. (Members Grigonis and Douglass were absent.) This resolution was duly adopted. ,Southold Town Board of Appeals -2 3- July 31, 1986 Special Meeting PENDING DECISION: Appeal No. 3428: Application of BERTHA KURCZEWSKI for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking schedule, for approval of insuf- ficient area and frontage (lot width) of two parcels in this pending set-off division of land, located at .the east side of Depot Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-102-02-003 and 025. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of BERTHA KURCZEWSKI under Appeal No. 3428; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of two parcels, as follow: (a) Parcel #1 of 43,560 sq. ft. in area and frontage [lot width] of 97.13 feet, and (b) Parcel #2 of 22,132 sq. ft. in area and frontage of 49.50 feet, as described by deeds at Liber 6419 cp 16 dated September 10, 1968 and at Liber 1801 cp 409 dated February 12, 1985. 2• The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Lots 3 and 25, and contains a total lot area of 1.508 acres and 146.63 ft. frontage along the east side of Depot Lane in the Hamlet of Cutchogue. Existing upon the subject premises is a single-family dwelling set back 391± ft. from its front property line and having sideyards of 912± ft. at the north side and 16t ft. at the south side. Also existing is an accessory garage located in the rearyard area. 3. Submitted for the record is a copy of correspondence from the Suffolk County Department of Health Services indicating that this project appears to be exempt from the- requirements of Article VI of the Sanitary Code concern- ing developments and subdivisions. Southold Town Board of Appeals -24- July 31, 1986 Special Meeting (Appeal No. 3428 - KURCZEWSKI, DECISION, continued:) In considering this appeal, the board finds and determines: (a) that although the lots as proposed are not of a size and character of a majority of the lots in this area, the lots have not been altered as previously existed; (b) the circumstances are unique; (c) the practical difficulties are suffi- cient to warrant the granting of this variance; (d) there is no other method feasible for appellant to pursue other than a variance; (e) there will be no effect on available governmental facilities; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as condi- tionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, to grant the relief requested under Appeal No. 3428 in the Matter of the Application of BERTHA KURCZEWSKI for insufficient lot area and lot width as more particularly shown on survey prepared August 1, 1985 by Roderick VanTuyl, P.C. SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no setback reductions to less than that provided by Column "A" of the Bulk Schedule of the Zoning Code for Parcel #2; and 2. There be no setback reductions to less than that provided by Column "A-40" of the Bulk Schedule of the Zoning Code for Parcel #1; and 3. There be no lot-line adjustments or other redivision of these parcels. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigonis and Douglass were absent.) This resolution was duly adopted. Southold Town Board of Appeals -25- July 31, 1986 Special Meeting PENDING DECISION: Appeal No. 3528: Application of RICHARD AND ALICE MCMANUS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Section 100-13(2B) for approval of the construction of an open porch in excess of 30 sq. ft. in area having an insufficient setback from the front property line at 710 Cedar Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-5.1. Following deliberaions, the board took the following action: WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and document- ation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provi- sions of Article III, Section 100-31 and Section 100-13 as disapproved by the Building Inspector June 11, 1986 for approval of the construction of a front open porch attached to dwelling, pursuant to Building Permit #14718 dated March 31, 1986, with a reduced frontyard setback at 332 feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 6, Lot 5.1 and contains an area of .67 of an acre. A vacant land Certificate of Occupancy under No. Z9712 was issued October 16, 1979 by the Building Department. 3. The subject premises is improved at the present time with a new dwelling under construction as indicated by Building Permit #14718 issued March 31, 1986 having setbacks of: (a) 332 feet from the northeasterly corner of the structure and 3512 feet from the southeasterly corner of the structure; (b) 422 feet from the southerly property line; (c) 72 feet from the westerly property line and 120 feet from the northerly property line, all as shown by survey amended February 24, 1986, prepared by Roder- ick VanTuyl, P.C. 4. Article III, Section 100-31, Column "A" of the Bulk Schedule requires a minimum frontyard setback at 35 feet; Article I-Definitions t . • Southold Town Board of Appeals -26- July 31, 1986 Special Meeting (Appeal No. 3528 - MCMANUS, DECISION, continued:) "building area" excludes open porches projecting not more than five feet from the exterior walls and having an area of less than thirty (30) sq. ft. 5. The open front porch as constructed contains an area exceeding 30 sq. ft. and is not excluded as "building area." 6. It is the opinion of the board that the variance requested is very minimal, being a variance of one and one-half feet (12) , and the board agrees with the reasoning of the applicant. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties;` (d) the relief requested is not substantial; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) that the interests of justice will best be served by allowing the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that ,the relief requested under Appeal No. 3528 in the Matter of the Application of RICHARD AND ALICE MCMANUS for approval of the construction of front open porch with a frontyard setback at 332 feet, BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigonis and Douglass were absent.) This resolution was duly adopted. r ' Southold Town Board of Appeals -27- July 31 , 1986 Special Meeting PENDING DECISION : Appeal No . 3526 : -Application of BRUCE- AND- SHIRLEY SIEVERMAN for a Variance to the Zoning Ordinance ,Article III , Section 0�3 for permission to construct deck addition to existing dwelling and- attaching an exist- ing swimmingpool , leaving an insufficient setback from the southerly (side ) property line on thi's corner lot . Location of Property : 50 Aquaview Avenue .and Rocky Point Road , East Marion , -NY; County Tax Map Parcel No . 1000-21 -3-1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded - on July . 17 , 1986 , in the Matter of the Application .of BRUCE AND SHIRLEY_'S_IEVERMAN , under Appeal No . 3526 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and . WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the east side of Rocky Point Road and south side of Aquaview Avenue , in the Hamlet of East Marion , is identified on the Suffolk County Tax Maps as Parcel No . 1000-21 -3-001 , and contains a total area of 22 ,500± sq . ft . 2 . The subject premises is presently improved with a single-family , one-story frame dwelling with setbacks of: (a) 25 feet from its property line along Rocky Point Road and . 51 . 2 feet from its property line along Aquaview Avenue , and contains an accessory inground swimmpool , as more particularly shown by survey dated April 18 , 1986 , prepared by Paul T. Canalizo , Surveyor. 3 . By this application , appellants request a variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule Southold Town Board of Appeals -28- Judy 31 , 1986 Special Meeting (Appeal No . 3526 - SIEVERMAN decision , continued : ) for permission to attach the existing accessory inground swimming- pool with a wood deck at the south end of the subject dwelling , which would in turn create an insufficient setback of deck attach- ment and fence enclosure (around the existing pool ) to approxi - mately one foot from the southerly property. line .. 5 . It is .noted for the record that by No . 13045 , a Building . Permit was. issued April 17 , 1984 for the construction of an accessory inground pool , without decks , and with fence enclosure . In considering this appeal , the board finds and determines : (a ) that sufficient practical di.ffi.culties have been shown .to. warrant the „granting of this variance;_ W the circumstances are unique and not shared by all other properties in the neighborhood ; (c ) there will be no substantial change in the character of .the neighborhood or detriment to adjoining properties ; (d ) the relief requested is not substantial ; (e ) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance ; (f) that the variance. will not i,n turn cause a substantial effect of increased populati.o_n density or be ad- verse to the safety , health , welfare , comfort , convenience and order of the town ; (g ) that the interests of justice will best be served by allowing the variance , as conditionally not.ed below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Doyen , it was RESOLVED , . that the relief requested under Appeal No . 3526 in the Matter of. BRUCE AND 'SHIRLEY SIEVERMAN for pe.rmi.ssion to attach inground pool with decks_., __creating " an _insu_ffi.cient setback from the southerly property 1 ine ; '.BE 'AND HEREBY 'I_S APPROVED 'SUB- JECT TO THE FOLLOWING CONDITIONS : 1 . Deck and pool areas must remain open and unroofed ; 2 . Lighting must be of a mushroom-type , - preventing adverse glare to neighboring properties . Vote of the Boards Ayes : Messrs . Goehringer , Sawicki and Doyen . (Members Douglass and Grigonis were absent. ) This .resolution was duly adopted. t ' , . Southold Town Board of Appeals -29- July 31 , 1986 Special Meeting PENDING DECISION : Appppeal No . 3510 : Application of RICHARV AND RUTH ZEIDLER for a Variance to the Zoning Ordinance , Article XI -Section '100-119 . 2 (B) for permission to locate proposed pool , deck and fencing within 75 ' of bulkhead or tidal water . Location of Property : 100 McDonald ' s Crossing off the South Side of Peconic Bay Boulevard , Laurel , NY ; Edgemere Park Lots 12 , 13 and 14 ;_ County Tax Map Parcel No . 1000-145-4- 15 . Following deliberations , the board took the following action : WHEREAS , public hearings were held on June 19 , 1986 and July 17 , 1986 , in the Matter of the Application of RICHARD AND RUTH 'ZEIDLER , under Appeal No . 3510 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located in the "A" Residential and Agricultural Zoning District , with frontage along Brushes Creek , and Peconic Bay , and is identified on the Suffolk County Tax Maps as District 1000 , Section 145 , Block 4 , Lot 15 . 2 . The subject premises consists of a total area of approxi - mately 28 , 355 sq . ft . as shown by survey dated April 17 , 1979 , and is improved with 'a single-family , one-story frame house with attached garage and deck areas , and gazebo . 3 . By NOtice of Disapproval dated May 14 , 1986 , applicant was denied a Building Permit Application for a swimmingpool addition under the provisions of Article XI , Section 100-119. 2 of the Zoning Code , which 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 Southold Town Board of Appeals -30-. July 31 , 1986 Special Meeting (Appeal No . 3510 = ZEIDLER , decision , continued: ) feet from the landward edge of the tidal wetland , whichever is greater . 4 . In personally viewing the premises in question , it has been found that the existing wood deck areas. are not flush with the average grade level , and it has been noted by the building inspector that an up-to-date survey showing all above-ground structures was not submitted at the time of the filing of the building-permit application , and therefore he was not able to determine compliance or noncompliance of the lot-coverage restriction . It appears . after- inspections by the board members and the building department that the existing deck areas must be calculated in determining the percentage of lot coverage. Inasmuch a.s a lot-coverage variance was not applied for , this board is without authority to act concerning same , except to require further review by the Building Inspector and possibly a subsequent variance application . It is therefore the sugges-. tion of this board that an accurate up-to-date survey prepared by a surveyor showing and calculating the percentage of lot coverage for all structures , above ground level, be submitted to the Building Inspector before the issuance of a building permit , and that a second Notice of Disapproval be issued indicating the basis of his determination , in the event that an alternative has. not been accepted by the Building Inspector and the applicants, for amended construction . 5 . It is the opin"ion-of the board that the applicants do not have: any other method feasible for them to pursue in this wetlands-setback application other than another variance ; and in considering the character of this property and the immediate area , the most feasible location will .be. in this westerly yard area , as amended , having setbacks of no closer than 50 feet to the front property line and no closer than 30 feet to the water along the westerly property line , without any encroachment into the westerly view easement , and as further conditionally noted below. In considering this appeal , the board finds and deter- mines that by locating the proposed pool , decks and fence enclosure as specifically noted below : (a) the variance will be the minimum necessary ; (b) the circumstances of the property are unique ; (c ) the practical difficulties are sufficient to warrant a granting of this variance ; (d ) there will be no substantial change in the character of Southold Town Board of Appeals -31 - July 31 , 1986 Special Meeting (Appeal No . 3510 - ZEIDLER , decision , continued : ) the district ; (e ) the relief as granted is not substantial , being a Variance of 40± percent of the existing setback , or 20± feet ; (f) the circumstances are not shared by other properties generally existing in the neighborhood ; (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 best be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Doyen , seconded by Mr . Goehringer , it was RESOLVED ,. that permission to locate an inground swim- mingpool , decks and fence enclosure , within 75 ' of _tidal water body , BE .AND HEREBY IS APPROVED in the Matter of the Application of RICHARD AND RUTH 'ZIEDLER , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No building construction closer than 50 feet to the front property line and no closer than 30 feet to the water along the westerly side ; 2 . No encroachment into view easement along westerly side ; 3. Screening along the westerly side (bushes , etc . ) shall be maintained , (except for area within. view easement) . 4. Lighting shall be of a mushroom-type which not adversely glare into neighboring properties ; 5. Screening shall be placed and maintained at the northwest corner along yard area adjacent to the view easement ; 6 . Inasmuch as this application has not been determined by the Building Department as to compliance or noncompliance of the lot-coverage limitations , before issuance of a building permit , a certified up-to-date survey must be submitted to the Building Department for such determination , as well as any and all other Bulk Schedule regulations of the Zoning Code ; 7 . In the event it is found that the lot coverage is Southold Town, Board of Appeals -3,2- July 31 , 1986 Special Meeting (Appeal No . 3510 - ZEIDLER , decision , continued : ) excessive for all structures above ground level , applicant will then be required to reapply or comply as otherwise authorized by the Building Inspector . Vote of the Board : Ayes : Messrs . Goehringer , . Sawicki and Doyen . (Members Douglass and Grigonis were absent . ) This resolu- tion was duly adopted . PENDING DECISION : Appeal No . 3527 : Application of ROBERT AND CHARLOTTE WISSMAN for Variances to the Zoning Ordinance : (a Article III , Section 100-31 , Bulk Schedule for location of new single-family dwelling with reduced sideyards , front- yard , and rearyard setbacks ; and (b) Article XI , Section 100-119. 2 ( B) for location of new dwelling with reduced setback from highwater mark at Fordham Canal . Location of Property : 715 Gull Pond Lane , Greenport , NY ; County Tax Map Parcel No . 1000-35-04-007 .6 (referred to as Lot "C" in prior subdivision records ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded- on July 17 , 1986 in the Matter of the Application of ROBERT 'AND CHARLOTTE 'WISSMAN under Appeal No . 3527 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning_ this application ; and WHEREAS , the board made the following findings of fact : _. 1.. The premises in question is located along the east side of Gull Pond Lane distant 637 . 82 feet from the southeasterly side of ,Middle (North ) Road, in the Hamlet of .Greenport , and is _iden- tified _on the Suffolk County Tax Maps as District 1000 , Section_ 35 , Southold Town Board of Appeals -33- July 31 , 1986 Special Meeting (Appeal No . 3527 - WISSMAN , decision , continued : ) Block 04 , Lot 007 .6 . 2 . The subject premises consists of a total area of 17 ,934 sq . ft . with frontage along Gull Pond Lane of 140 feet , more or less , and lot depth of 170. feet . The premises is presently vacant and constructed along the most easterly (rear) property line is a bulkhead of , 100 feet , more or less , in length . 3. By this application , appellants request relief from Articles : (a ) III , Section 100-31 and Bulk Schedule of the Zoning Code for insufficient setbacks from the rear line at 45 feet , from the front line at 35 feet , and _sideyards of 15 feet and 16 feet , total sideyards at 31 feet , and (b) XI , Section 100-11.9 . 2 , sub- section (B ) for an insufficient setback ..at 45 feet. from_ the existing bulkhead along Fordham .Canal . 4 . Column "A-40" of- the Zoning Code was used as the basis in the Building Inspector ` s. Notice of Disapproval which requires minimum setbacks at 50 feet in the front y4rd , . 5.0 feet in the rear yard , 15 and 20 ft . sideyards., and __total sideyards_. 35 feet. 5 . Article XI , Section 100-119 .2.( B ) requires all buildings and structures 1ocated 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 . 6 . It is ,the position of this board that the applicants be permitted to build in accordance with Column "A" of the. Bulk Schedule which pertains to lots having an area of less than 403000 sq . ft. This parcel contains an area- as noted previously of- 17 ,934 sq . ft. The proposed dwelling will be ..located i.n compliance with the requirements of Column "A" f_or mi_nimum,. setbacks of 35 ft . front and rear yards , 10 and 15 sideyards , total sideyards 25 feet. 7 . Submitted in support of this application is .information indicating that parcels along the east side of Gull Pond _Lane are improved with structures set back from the bulkhead_ as follows : (a ) 422 ft . - Spitzenberger ; (b ) 47 ft . -Rauch . 8. It is the position of this board that a setback of 45 feet from the bulkhead along Fordham Canal is not substantial. in view of the established setbacks in this immediate area and the topography of the land in question . In considering this appeal , the board finds and determines : Southold Town Board of Appeals -34- July 31 , 1986 Special Meeting (Appeal No . 3527 - WISSMAN , decision , continued : ) (a ) that sufficient practical difficulties have been shown to warrant the granting of this variance ; (b) the circumstances are unique and not shared by all other properties in the neighborhood ; (c ) there will be no substantial change in the character of the area or detriment to adjoining properties ; (d ) the relief requested is not substantial ; (e ) the difficulties cannot be obvi.ated by some method feasible for appellant to pursue other than a variance ; ' (f) the variance will not in turn . cause a substantial effect of increased population density or be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (g ) the interests of �justice will best be served by allowing the variances , as applied . Accordingly , on motion by Mr . Doyen , seconded by . Mr . Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3527 in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN BE 'AND. HEREBY IS APPROVED , PROVIDED THERE BE NO FURTHER 'REDUCTIONS TO LESS THAN THAT _REQUESTED_ HEREIN .. . - Vote of the Board : Ayes : Messrs . Goehringer , Doyen and Sawicki . (Members Grigonis and Douglass were absent . ) This resolution was. duly adopted . PENDING DECISION : Appeal No . 3531 : Application of ALBERT 'J : 'BRENEISEN for a Variance to the Zoning Ordinance , Article. XI_, Section 100-..119 . 2.(B) for permission to t construct pool deck and fence enclosure wihin 75 fe.et of-.mean high water along Dawn Lagoon , 715 Dawn Drive , East Marion, NY ; County Tax Map Parcel . No . 1000-35-5-16 ; Cleaves Point Section III , Lot No . 71 . Following. deliberations , the board took the following action : WHEREAS , a public hearing was . held and concluded on J.uly. 17 , 1986 in the Matter of .the Application of '.ALBE.RT 'J .. BRENEISEN under Appeal__. No . 3531 ; and WHEREAS , the board members have personally viewe.d and are familiar with the premises in question,_ its present zoning , ' and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard Southold Town Board of Appeals -35- July 317 , 1986 Special Meeting (Appeal No . 3531 - BRENEISEN , decision , continued : ) were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact: 1 . The premises in question is located in the "A" Residential and Agricultural Zoning District along the south side of Dawn Drive Greenport , New York , is identified on the Suffolk County Tax Maps as District 1000 , Section 35 ; Block 5 , Lot 16 , and on the Major Subdivi - sion Map of Cleaves Point , Section III , as Lot #71 . 2 . The subject premises consists of a total area of approxi - mately 20 ,000 sq . ft. with 75 . 19 ft . frontage along the south side of Dawn Drive , and along Gull Pond/Dawn Lagoon waters edge at a tie line of 164± feet . The premises is improved with a single-family', one-story frame dwelling set back 60± feet from its closest point from the ordinary highwater mark as more particularly shown on survey dated May 5 , 1969 , prepared by Roderick VanTuyl , P . C . 3 . By this application , appellant requests permission to locate a 20 ' by 40 ' inground swimmin.gpool , together with eight-foot wide decks , detached from the dwelling in the. rearyard area , having a setback not closer than 30 feet from the 110 ' retaining wall , all as more particularly shown by sketch dated November 28 , 1985 , prepared by Costello Marine Contracting Corp . A fence enclosure is proposed along the westerly property line and will not be placed any closer than 30 feet of the mean high water mark , or seaward of the 110-ft . retaining wall . 4. Article XI , Section 100-119. 2 , sub-paragraph ( B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long. Island Sound to be set back not less than seventy-five (75) .feet from the ordinary high- water mark of such tidal water body , or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is greater . 5 . . It is noted for the record that permits have been issued by the Southold Town Trustees , Wetlands Permit #266 dated May 15 , 1986 , and by the N. Y. S . Department of Environ- mental Conservation under Tidal Wetlands Permit #10-85-1498 dated April 28 , 1986 , for the placement of a 75 ' .retaining wall , 110 ' retaining wall , and the subject 20 ' by 40 ' swimmingpool and deck construction . It was noted that. the building .construction is above the existing 10-ft . contour elevation between 110-ft. retaining wall and existing residence . 6 . It is the opinion of the board members that : (a ) the Sduthold. To.wn.. Board of .Appeals -36- J.ul.y 31 ,. 1986 Special Meeting (Appeal No.. 3537 - BRENEISEN , decision , continued : ) pool construction be located as far back from the retaining wall and mean high water mark as possible , which in turn would be the minimal variance necessary ; (b) any draining or discharge from the pool not enter the tidal waters. at any time . In considering this appeal , the board finds and determines : (a ) that sufficient practical difficulties have been shown to warrant the granting of this variance ; (b) the circumstances are unique and not shared by all other properties in the neighborhood ; (c ) there will be no substantial change in the character of the area or detriment to adjoining properties ; (d ) the relief stipulated below is not substantial ; (e ) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance ; (f) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (g) the interests of justice will best be served by . allowing the variance , as noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr. Doyen , it was RESOLVED , that a Variance for permission to locate accessory 20 ft . by 40 ft . inground swimmingpool , deck areas , and fence en- " closure , BE AND HEREBY IS APPROVED in the Matter of the Application of ALBERT J . BRENEISEN under. Appeal No . 3531 ,' SUBJECT TO 'THE FOLLOW- ING CONDITIONS : 1 . Pool construction be located no closer than 40 feet to the mean highwater mark or rear property line -, .whichever i_s closer ; deck areas not to be any closer than 30 ft . , as . applied ; 2 . Pool not be enclosed or roofed ; 3. Ground. lights must be of a mushroom-type , not having an adverse effect on neighboring properties ; 4 . Any change or deviation from the plan which would cause a relocation of the pool will require a reapplication and -recon- sideration . Vote of the Board : Ayes : Messrs . Goehringer, Sawicki and Doyen . (Members Douglass and Grigonis were absent. ) This resolu- tion was duly adopted_. (Member Douglass returned from 'inspection Re : Port of Egypt . ) i 1 1 Southold Town Board of Appeals -37- July 31 , 1986 Special Meeting PENDING DECISION : Appeal No . 3524 : Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance , . Article XI , Section 100- 119 . 2 for permission to locate marine fuel storage tank structures in this "C-Light" Indus- trial Zoning District with an 'insufficient setback from landward edge of tidal wetland and from ordinary highwater mark , at 6230 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-56-6-4 , 6 , 6 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held on June 19 , 1986 , in the Matter of the Application. of PORT OF EGYPT ENTERPRISES , INC . under Appeal No . 3524 ; 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 , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25 ) , in the Hamlet of. Southold , and is identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 6 , Lots 4 , 6 (record owner : Port of Egypt Enterprises ) . 2 . The subject premises consists of a total area of 10 . 5± acres (including land under water ) with 600±.. feet frontage [lot width] . Premises adjoining this property on the westerly side is presently owned by C & L Realty , Inc . which was not made a part hereof. Existing are numerous buildings , all as shown on the site plan mapped April 19 , 1985 , amended May 29 , 1985 , prepared by Roderick. VanTuyl , P . C . 3 . By this application , appellant requests permission to locate three fuel storage tanks with.in containment walls with an overall outside dimension of 24 ' 10 " by 16 ' 6 " , more or less , as . Southold Town Board of Appeals -38- July 31 , 1986 Special Meeting (Appeal No . 3524 - PORT OF EGYPT decision , continued : ) shown on diagram dated October 31 , 1985 prepared by Peconic ' Associates (A-1 ) , with a setback of 13 feet from the edge of rip-rap along the water ' s edge at its closest point from the outside containment wall , and 23 feet to the first fuel tank , as amended . 4 . Article XI , Section 100-119. 2 (B ) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the tidal wetland , whichever is ' greater . Relocation and installation of fuel tanks are required by Article 12 of the Suffolk County Health Code , which limits the distances between the dispensing pumps and fuel tanks , etc . , and must be installed in compliance with the provisions of the National Fire Protection Association (NFPA) regulations and Tidal Wetlands Land Use Regulations , 6 NYCRR. 5 . It is noted for the record that actions have been taken under Applications No . 3494 and 3495 by this board con- cerning similar relief, as rioted therein . 6 . It is the opinion of the board members that it would be within the best interests and protection of the public , customers., employees , etc . , if the fuel -storage tanks were located in area more distant than the .area chosen , as further noted below . In considering this appeal , the board finds and deter- mines that by locating the proposed fuel tanks with containment enclosure and fencing at a distance , noted below : (a) the variance will be the minimum necessary ; (b ) the _circumstances are unique ; ( c ) the practical difficulties are sufficient to warrant a granting of this variance ; (d ) there will be no sub- stantial change in the character of the district; (e ) the relief as granted is not substantial ; (f) the circumstances are not shared by other properties generally existing in the neighborhood ; (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 best be served by allowing the Variance , as conditionally noted below . Accordingly , on motion by Mr. Douglass , seconded by Mr . Sawicki , it was ' Southold Town Board . of Appeals -39- July 31 , 1986 Special Meeting (Appeal No . 3524 - PORT OF EGYPT decision , continued : ) RESOLVED , that a Variance for permission to locate fuel storage tanks within containment walls as shown by building plan view dated 10-31 -85 , prepared by Peconic Associates , Inc . , in the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC . under. Appeal No . 3524 , BE AND HEREBY IS APPROVED AS CONDITIONALLY AND SPECIFICALLY NOTED BELOW : - - - - - 1 . Subject to all agency approvals , including the N . Y . S . Fire Code , Suffolk County Health Department regulations , N . Y . S . Department of Environmental Conservation regulations , etc ... 2. Concrete flash wall on water side must be the same height as tanks , or h..igher ; on other three sides , minimum of four feet high ; as well as 8-foot chainlink,. slatted fence affixed into top of walls ; 3. Top of fence (wall ) facing water side must have barbed wire curl to prevent scaling of. wall. or fence ; 4. Setbacks to be.: (a ) from existing stack-rack building 135 feet to west corner of tank and pump ; (b ) 77 feet from southeast corner of existing one-story motel building at closest point ; (c ) 35 feet from southeast corner of loading ramp sump no closer than 25 . feet to rip-rap ; 5 . Proper diking. and cement walls containment to retain any leakage of fuels ; 6 . Signs to be placed .on fencing identifying danger and requiring "no smoking" as per National Fire Protection Agency standards . - Vote of the Board : Ayes : Messrs . . Goehringer , Douglass , Doyen and Sawicki . . (Member Grigonis was absent. ) This resolu- tion .was duly adopted . n• ' n Southold. Town. Boar'd of. Appeals -40- July 31 ; 1986 Special Meeting PENDING DECISION : Appeal No . 3525 : Application of PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B) for permission to install /relocate marine fuel storage tanks in this " C-Light" Industrial Zoning District , at 6230 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-56-6-4 , 6 , 6 . 1 . Following deliberations , the board .took the following- action : WHEREAS , a public hearing was held on June 19 , 1986 , in the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC . under Appe.al No . 3525 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its prel.s_ent zoning , and the surrounding areas ; and WHEREAS , . at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings . of fact : 1 . The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25 ) , in the Hamlet of Southold , and is identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 6 , Lots 4 ,6 (record owner : Port of Egypt Enterprises ) . 2.. The subject premises consists of a total area of 10 . 5± acres (including land under water) with 600± feet frontage [lot width] . Premises adjoining this property on the westerly side is presently owned by C & L Realty , Inc . which was not made a part hereof. Existing are numerous buildings ,- all as shown on the site plan mapped April 19 , 1985 , amended May 29 , 1985 , prepared by Roderick VanTuyl , P . C. 3 . By this application , appellant requests a Special Excep- tion to permit the installation and relocation of three new fuel storage tanks within containment walls with an overall outside dimension of 24' 10 " by 16 ' 6" , more or less , as . shown on diagram (A- 1 ) dated October 31 , 1985 prepared by Peconic Associates , with Southold Town Board of Appeals -41 - July 311 1986 Special Meeting (Port of Egypt , Appeal No . 3525-SE , decision , continued : ) a setback of 13 feet from the edge of rip-rap along the water ' s edge at its closest point from the outside of containment wall , and 23 feet to the first fuel tank , as amended . 4 . The newly proposed fuel tanks are to replace existing fuel storage tanks which are presently located at the easterly portion of the subject premises as required by Article 12 of the Suffolk County Health Code and in compliance with the Provisions of the National Fire Protection Association (NFPA) -regulations , Tidal Wetland Land Use Regulations 6 NYCRR, N . Y . S . Fire Code , etc . 5 . Article VIII. , Section 100-80 (B) , subsection ( 16 ) permits by Special Exception approval from this board the sale and storage of fuel in the "C-Light" Industrial Zoning Districts and subject to site plan approval from the Southold Town Planning Board in accord- ance with Article XIII of the Zoning Code . By action taken March 24 , 1986 , the Southold Town Planning Board referred the site plan to the Building Department for certification in accordance with Section 100-133 (C ) . 6 . It is noted for the record that actions have been taken under Applications No . 3494 and 3495 by this board. con= cerning similar relief, as noted therein , and action taken simul- taneously herewith under Appeal No . 3524. 7 . It is the opinion of the board members that it would be within the best interests and protection of the public , customers , employees , etc . , if the fuel -storage tanks were located in area more distant than the area chosen , as further noted below. In considering this application , the board finds and deter- mines that by locating the proposed fuel tanks with containment enclosure and fencing at a distance , noted below : (a ) the use of same will not prevent the orderly and reasonable use of adjacent propeties or of properties in adjacent use districts ; (b) the use will not adversely affect the safety , welfare , comfort , convenience or order of the town ; (c ) the use is in harmony with and will 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 Code . Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was Southold Town Board of Appeals-42- July 31 , 1986 Special Meeting (Port of Egypt , A.p.peal No . 3525-SE, decision , continued : ) RESOLVED , that a Special Exception for permission to install and locate accessory fuel storage tanks within containment walls as shown by building plan view dated 10-31 -85 , prepared by Peconic Associates , Inc . , in the .Matter of the Application of PORT OF EGYPT ENTERPRISES , INC . under Application No . 3525 , BE AND HEREBY IS APPROVED AS CONDITIONALLY AND SPECIFICALLY NOTED BELOW: 1 . Subject to all agency approvals , including the N . Y . S . Fire Code , Suffolk County Health Department regulations , N . Y . S . Department of Environmental Conservation regulations , etc . 2 . Concrete flash wall on water side must be the same height as tanks , or higher ; on other three sides , minimum of four feet high ; as well as 8-foot chainlink , slatted fence affixed into top of walls ; 3. Top of fence (wall ) facing water side must have barbed . wire curl to prevent scaling of wall or fence ; 4. Setbacks t.o be : (a ) from existing stack-rack building 135 feet to west corner of tank and pump ; (b ) 77 feet from southeast corner of existing one-story motel building at closest point ; (c ) 35 feet from southeast corner of loading ramp sump no closer than 25 feet to rip-rap. :, 5 . Proper diking and cement walls cont.ainment to retain any leakage_ of fuels ; 6 . Signs to be placed on fencing identifying danger and requiring "no smoking" as per Nation.al Fire Protection Agency standards . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis was absent. ) This resolu- tion was duly adopted . � 1 1 ' �So'ut'hold Town Board of Appeals -43- July 31 , 1986 Special Meeting AMENDED APPLICATION PENDING: Appl . No . 3542.2 Special Exception of CLIFFSID.E ASSOCIATES by Richard Pell, icane , Esq . in accordance with Article .V , Section 1.00-50 (.B )[4] to construct 76 motel units in this M-1 Multiple Zoning District . Middle Road , C . R. 48 , Greenport; 1000-45-1 -1 and 2 . Acreage : 7 . 002± This is an amended application , modified from Appeal No . 3349 which was initially a request for six multiple dwellings with eight units per building , total : 46 .dwellings _units , filed on 4-18-85 .. At a Regular Meeting of the ZBA held on May 2 , 1985 , a Draft Environ- mental Impact Statement was requested in accordance with a Positive SEQRA Declaration . Also requested in the interim was that an application be filed by the applicant with the N .Y . S . Department of Environmental Conservation (Section 661 . 5 (b) [46] and that their reviews be coordinated accordingly . On May 21 , 1985 , Richard Pellicane asked for an update concerning this ,-proposed multiple- dwelling complex , and a response was returned on May 22 , 1985.. indicating the above . On 10-1'7-85 , the ZBA, ( Planning Board , et al . ) were served with a Summons and Complaint . On motion by Mr . Doyen , seconded by Mr. Goehringer , it was RESOLVED , that the application under Appeal No . 3542 as Amended for CLIFFSIDE ASSOCIATES be dnd hereby_ is deemed incomplete at this time pending receipt of the following : (a ) N . Y . S . Department of Environmental Conservation approval in accordance with Section 661 . 5 (b) ; (b ) Suffolk County Health Department approvals ; (c ) Planning Board preliminary approval or written input coordinating its comments under its reviews per Article XIII ; (d ) copy of Building Inspector ' s amended certification as required by Section 100-133 (C ) ; (e ) copy of executed agreement or contract with the Village of Greenport concerning public water and/or public sewer ; (f) affidavit certified by the applicant/property owners that the premises will be served by public water and public sewer utilities . It was further noted that the SEQRA process has not been finalized or further steps taken by the applicant concerning this property as of this date . Vote of the Board : Ayes : Messrs . Goehrin er , Douglass , Doyen and Sawicki . (Member Grigonis was absent . ? This resolution was duly adopted . r Southold Town Board of Appeals -44- July 31 , 1986 Special Meeting PENDING SPECIAL EXCEPTION APPLICATION : Appeal No . 3478 - CHURCH OF THE OPEN DOOR. The Board . i.s in receipt _of recent communications dated July 24th from the Planning Board to the applicant ' s attorney , Paul Caminiti indicating that they do not plan to consider site-plan approval at this time and will await a determination by the Board .-of Appeals if evidence is found to substantiate the granting of a special exception . Il, was unclear as to why the Planning Board would not .,enter_tain or coordinate any review under its purview for this site plan application , and the Board asked that arrangements be made to ask the Planning Board for some communication , and if necessary , that a Code Committee meeting or informal.iconference be held between departments . The ZBA requested the., following additional information before scheduling' this matter for a public hearing : (a ) copies of all certificates and licenses permitti:ng all uses proposed by this application , and (b ) the maximum number of students attending the proposed religious schools . CORRESPONDENCE : Pending Appeal No . 3533 - JOHN BREDEMEYER . Dwelling with i_nsuffaicient setback from ordinary highwater mark along Orient Harbor . W/s Bay Avenue , Orient . By letter dated July 24 , 1986 , t'he Board was . by,,-.Abigailadvised by,,-.Abigail A. Wickham , attorney for the Br..ddemeyers , that a Flood-Law . Variance is not being sought since they have decided to .construct the residence in compliance with the flood plain requirements . CORRESPONDENCE : Pending Appeal No . 3462 - HERBERT MANDEL . The Board reviewed the letter dated July 22 , 1986 from Abigail Wickham , attorney for Mr . Mandel in the area variance application which indicates that their preliminary submission to the Health Department is complete and the test hole results and test-well samples satisfactory , although Article VI action has not been taken . Also , the requested Pre-Certificate of Occupancy #Z14702 issued July 24 , 1986 was received and placed in the file 7/29/86 . The Board indicated that they did not feel they were in a position to schedule this matter f6r a public hearing without Article VI action . So"uthold Town Board of Appeals -45- July 31 , 1986 Special Meeting PENDING APPLICATION : Appeal No . 3537 - RO'B:ERT' AND :SUS`AN- b' URSO. Variance to. locate new dwelling with insufficient frontyard and` if necessary with insufficient setback from wetland grasses . Breezy Path , Southold . On .motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , to hold the Matter of the Application of ROBERT AND SUSAN D ' URSO temporarily in abeyance pending receipt of the followi-ng : 1 . N . Y . S. Department of Environmental Conservation action ; 2 . Town Trustees application and reviews . Vote of the Board : -Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . This resolution was duly adopted . (Member Grigonis was absent . ) PUBLIC HEARING FOR AUGUST 14 , 1986 : Appeal No . 3538 - JEFFREY BETTANCOURT. _Variance for proposed 16 ' by 44 ' inground pool , attached deck and gazebo and 4 ' chainlink fencing , within 100 feet of top of bluff along the Long Island Sound . North Side of Grand View Drive , Orient , Ne,w York .. The Chairman asked that the --Soil and Water Conservation District receive copies of this file for their evaluation and report. NEW FILE : Appeal No . 3540 - MARK AND LORRAINE LaROSA. The Board members reviewed the recent application of Mark and Lorraine LaRosa . Member Douglass suggested that we require N. Y . S . Department of Environmental Conservation approval before ZBA action . The' boar.d"wa's:,adv.i sed that an application i.s pending with the D . E . C . after recent conversations with the applicant and should be forthcoming soon . This matter was scheduled for public hearing for September 11 , 1986 , since there is an existing dwelling and this is an -application for a deck (12 ' by 22 ' ) e.xtending at the rear of the dwelling. There being no other business properly coming before the board at this time , the Chairman decl-ared the meeting adjourned . The meeting was adjourned at 9 : 25 p . m. Re pectfu�j4 v submitted , �d�o a11 �, e etary Approve 10% /86 Southold Town . Board of Appeals 1, h P4�0"EIV D AND FILED BY TIR9 �QUTIiQLID TOWN Cil lid Town ClerfC Town of Sou ihofcf t