HomeMy WebLinkAboutZBA-07/17/1986 �o��FFn��oG
L T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I sN U T E S
REGULAR MEETING
THURSDAY , JULY 17 , .1986
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday ; July 17 , 1986 at 7 : 30 o ' clock p .m. at the
Southold Town Hall ; Main Road , Southold , New York 11971 .,
Present were : Gerard P . Goehringer , 'Chairman ; Charles
Grigonis , Jr . , Serge Doyen , _Robert J . Douglass and Joseph H .
Sawicki , constituting all five members of .the Board of Appeals .
Also present were : Victor Lessard , Building-Department Adminis-
trator , Linda Kowalski , Clerk to Z . B .A.__, and approximately 35
persons at the beginning of the meeting .
The Chairman opened the meeting at 7 : 35 p .m, and proceeded
with the first matter on the agenda ,.. as follows :
7 : 35 p .m, - Appeal No . 3478 - Informal Request by Michael J .
Hall , Esq . concerning the pending _280-.a Application of 'BECKY
JOHNSTON , Mr . Halal asked whet._her the Board of Appeals would
consider authorizing the Building Department to iss_ue _a building
permit concerning construction of a _recent date at premises of
_Becky Johnston . The dwelling under construction has not been
roofed and is in danger .of weather damage . The Chairman indicated
that the Board would arrange to have a hearing at the next meeting
to consider this matter if that was acceptable , but that he did
not feel the Z . B.A. had the authority to direct the Building
Inspector to issue a building permit without compliance with
New York- Town Law , Section 280=a , or without a public hearing
on the subject... The Chairman asked Mr. Hall to consult further
with Town -Attorney Robert J . Tasker concerning his request .
Southold Town Board of Appeals -2- July 17 , 1986 Regular Meeting
7 :45 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . 3529 PAUL KESLCH . The -Board asked Mr.
Kelsch to telephone our office as soon as possible with
the exact variance setback requested (there were. two
. figures given by the surveyor on the map under considera-
tion) . [See verbatim. transcript under separate cover . ]
7: 52 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . 3526 - BRUCE AND SHIRLEY 'SIEVERMAN. Verbatim,
transcript of hearing has been prepared under ' separate cover
and.n_filed with the Town Clerk ' s Office .
7 : 58 p.m. Public Hearing was held and :.concluded in the Matter
of Appeal No . 3529 = 'RICHARD AND ALICE _McMANUS . Verbatim
tr. anscri.pt of .heari.ng .has bee.n- p_repared - under separate
cover and filed wi.th.. the. Town ,Clerk ' s. Office .
8 :00 p .m. Public Hearing was held and concluded in the Matter
of_ .Appe_al No . 35.31. -' 'ALBERT J . BRENEISEN . Verbatim
transcript of hearing _has been prepared under separate cover
and filed with the Town Clerk ' s Office .
8: 13 p .m. Public. Hearing was held and concluded in the Matter
o_f, Appeal No . 3.521 'ANDREW 'AND WILLIAM GOODALE . Verbatim
transcript of hearing has been prepared under- separate
cover and filed with the Town Clerk ' s Office .
8: 28 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . 3523 - STEVE KALAIJIAN . _Applicant ' s agent
agre.ed to place flags on property markers _at end of Lot
#2 for rein_spection . Verbatim transcript of hearing. has
been prepared under separate cover and f.ile,d with the
Town Clerk ' s Office..
8 : 35 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . 3517 - ROSALIE GOWEN . Verbatim transcript
of hearing has been prepared under separate cover. and
filed with the Town Clerk ' s Office .
8 : 40 p .m. Public He.a.ring was held and concluded in the Matter
of Appeal No . 3522 - NORTH FORK BANCORP . Applicant ' s
attorney agreed to stake sign locations for reinspection .
Verbatim. transcript of hearing was prepared under separate
cover and filed with the Town Clerk ' s Office for reference .
T
1
Southold Town Board of Appeals -3- July 17 , 1986 Regular Meeting
(Public Hearings, continued :. )
8.:50 .p .m. Public Hearing was held and concluded i.n the Matter
of_,Appeal No . 3527 =_ ROBE.RT AND CHARLOTTE WISSMAN .
Attor_n.ey__ Wi.l_l i am Moore -_woul_d .f_urni sh__the neighbors '
setbacks as-requested during the hearing. Verbatim
_transcript of hearing was prepared under separate cover
and filed with the Town Clerk ' s Office .
9 :07 p .m. Public Hearing was held and concluded in the Matter
of Appeal No . ' 3428 e BERTHA KURCZEWSKI .. Verbatim trans-
cript prepared under sepa.rate- cover a.nd filed with the
Town Clerk ' s Office .
9: 27 p .m . Public Hearing was held in the Matter of Appeal
No . 3513 - STEPHEN 'SHILOWITZ and recessed until August 14 ,
1986 in order _to permit presentation by both sides as
requested , limited to ten minutes each . The Chairman
asked for a_ survey more up-to-date than 7-11 -82 .
Verbatim transcript prepared under separate cover .
10 : 30 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3510 - RICHARD AND RUTH ZEIDLER .
The board asked Mr. Ziedler to furnish a determination
as to the total lot coverage of all structures deemed
by the building inspector , including above-ground decks ,
etc . Verbatim transcript prepared under separate cover :
10 : 50 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3489 - PAUL LEARY concerning
property of ERANK ;ARD-.MARY BROPHY . Verbatim transcript
.of hearing has been prepared under separate cover and
filed with the Town Clerk' s Office .
Except where noted above , resoliutions were adopted concluding the hearings .
The hearings were concluded at 11 : 45 o ' clock p .m. and the board
members proceeded with deliberations and decision in the Matter
of Appeal No . 3516 - ALBERT J . BODENSTEIN : (continued on-page 4 ) .
t
Southold Town. Board of Appeals -4- July 17 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3516 :
Application of ALBERT J : .BODENSTEIN for a Variance to the Zoning
Ordinance , Article III ,. Section 100-31 for permission to construct
addition with an__ insufficient setback. from the closest northerly
property line as shown 'by sketched survey dated April 22 , 1986 . Loca-
tion of Property : 6135 Indian Neck Road, Peconic , NY ; County Tax
Map Parcel No . 1000-86-6-1'9.
Following deliberations , the board. took. the fp.l1owing action :
WHEREAS, 'a public hearing was held and concluded on June 19 ,
1986 in the Matter of .the Application of .ALBE.RT J .. BODENSTEIN under
Appeal No . 3516 ;. and
WHEREAS, the board members have personally viewed and are
familiar with the premi.ses in question,__. i.ts present .zoning , and
the surrounding areas ; and _
WHEREAS, 'at said hearing a.11 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 Distr-i•ct , along the north side of Indian
Neck -.-Road, Peco_nic , contains a total area of . 868 of an acre , and
is more particularly identified on -.the Suffolk County Tax Maps as
District 1000 , Section 86 , Block 6 , Lot 1.9 .
2 . The subject premises is improved with two single-family ,
one-story frame houses , and accessory garage which is located in
the front yard area, as shown by survey mapped April 2.2 ,. 1986 by
Roderick VanT'uyl , P . C .
3 . By this application , appellant requests permission to
construct a 14 ' by_ 17 ' wide deck addition at the rear of the
most southerly existing dwelling with a reduced setback.. from the
Southold Town Board of Appeals -5- July 17 , 1986 Regular Meeting
(Appeal No . 3.516 - BODENSTEIN , decision , continued : )
nearest northerly property line at 10 feet , and having a setback
from the westerly property line of not less than 212 feet .
4. It is the .opinion of the board that the unusual configura-
tion of ' the land lends to the difficulties in adhering to the
setback requirement , particularly the narrowness of the lot from
a width of 100± feet to 51 ± feet .
In considering this appeal , the board also finds and deter-
mines : (a ) that sufficient practical difficulties have been
shown ; (b) that the circumstances of the premises are unique ;
(c ) that there will be no substantial change in the character
of the neighborhood or detriment to adjoining properties ;
(d) that the relief requested is not .substa;ntial ; (e ) that
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 ) th_at in view of
the manner in which the difficul-ty arose and in consideration of
all . the above factors , the interests of justice will best be
served by allowing the variance, as co._nditionally noted be.low.
Accordingly, on motion by Mr . Goehringer , seconded by
Mr . Grigonis, _.it was
RESOLVED , that the .relief .re.quested under Appeal No . 3516
in the Matter of the Application -of ALBERT J . BODENSTEIN for
permission to construct deck addition wi.th _a reduction to 10
feet from - the - nearest - northerly property line , 'BE AND HEREBY
IS APPROVED, 'SUBJECT 'TO THE. FO_LLOWING 'COND.ITION :
That the setback not be closer than 10 feet , as requested.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass (.Member Sawicki was absent . ) This resolu-
tion was .duly adopted .
Southold Town Board of Appeals -6- July 17 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3505 :
Application of RALPH AND LUCILLE STOCKER for a Variance to the
Zoning Ordinance , Article III ,, Section 100-31 for permission to
locate proposed new dwelling with an insufficient frontyard setback .
Location of Property : 1080 Maple Lane (a/k/a 55 Snug Harbor Road ) ,
Greenport , NY ; Cleaves_ Point ,_ Section 3, Map No . 4650 , Lot 59;
County Tax Map Parcel No . 1000' 35-5-28.
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 RALPH AND 'LUCILLE STOCKER
under Appeal ' No . 3505; 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 west side
of Maple Lane and the north._ side of Snug Harbor ._Road , Greenport ,
and is identified on the Suffolk County Tax Maps as District 1000 ,
Section 35 , Block 5 , Lot 28 , and is known and referred to as
Subdivision Lot #59 , Map of Cleaves Point , Section Three filed
June 14 , 1966 as File No . 4650 .
2 . The subject premises consists of a total area of
approximately . 35 of an- acre with frontage along Maple Lane of
50 .feet , :al_ong Snug Harbor Road of 103 . 40 feet , and _along Dawn
Lagoon 64 . 45 feet . The premises is_ a corner lot as defined by
Section 100-13 of the Zoning Code and is vacant .
3. By this application , appellant request permission to
Southold Town Board of Appeals -7- July 17 , 1986 Regular Meeting
(Appeal No . 3505 - STOCKER, decision , continued : )
locate a new single-family ; 1 --story frame dwelling with attached
garage and open deck area with setbacks of: (a) 25 feet at the
nearest point . [southeast corner of the ho.usel from the front
property line along Snug Harbor Road , (b ) 33± feet from the
_furthest point along Snug Harbor Road , "(c ) 35 _;feet from its
front property. Line__ along Maple Lane, (d) 50 ._feet at its
_closest point from the bulkhead _along Dawn Lagoon , (e ) 25 feet
from the property line along premises now or formerly of Wallin ,
(f) 10 feet__ from the northerly 1 i ne ',al ong property,. of ...Idle_r.
Total lot coverage proposed is 21 %.
4. For the record it is noted that by action of this
board rendered April 16 , '1986 , under Appeal No . 3457 , a variance
was conditionally granted__ for. certain construction , with limitations
of lot coverage at 25% for all structures , no construction within
50 ,feet of the existing_ bulkhead , and sideyards of not less than
10 :_and 15 feet from the north and south property lines , respec-
.tively •..
5 . Article III , Section 100-31 , Column "A" of the Bulk
Schedule permits_ a minimum frontyard setback of:,35 feet for
principal buildings . Applicant _is requesting _a variance to
permit sections containing an area of approximately, 120 .sq . ft .
as more particularly shown on site p_1an _prepared _by Garrett A._
Strang dated April_ _28 ; 1986 .
6 . It is the opinion of the board that the configuration
of the. lot lends to the practical difficulties in adhering to
the setback_ requirement ._
In considering this appeal , the board also finds and deter-
mines : (a) that sufficient__ practical difficulties have been
shown ; (b) that th_e circumstances of the premises are unique ;
(c ) that there will be no substantial change in the character
of the neighborhood__ or detriment to adjoining properties ;
(_d) that the relief requested is not substantial ; (e ) that
the difficulty cannot be obviated by some method feasible for
appellant t_o _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 safe:ty , .health , welfare ,
comfort , convenience and order of the town ; (g ) that in view of
the manner in which the difficulty, arose and i_n 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. Goehringer , seconded by
Southold Town Board of Appeals -8- July 17 , 1986 Regular Meeting
(Appeal No . 3505 STOCKER , decision , continued : )
Mr . Grigonis , it was
RESOLVED , that the relief requested under Appeal No . 3505.
in the Matter of the Application of RALPH 'AND L'UCILLE 'STOCKER
for reduction of frontyard setback as shown on site plan dated
April 28 , 1986 , prepared by Garrett A. Strang , BE AND HEREBY
IS APPROVED AS 'APPLIED .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis.,
Douglass and Sawicki . (Member Doyen was absent . ) This. resolu-
tion was duly adopted .
The board reviewed and inade -thet.`folJowi ng comments on
each of the following matters , which are pending deliberations
and decisions :
(a ) Appeal No. 3515 - Howard Reinhart. Board to rei.nspect .
Outside storage of buildings under consideration .
(b ) Appeal. No . 3524 and 3525 - Port of Egypt. ' Board to
reinspect and—take measurements from we..tland area vs_. drive; etc .
NEW REVIEWS :
1 . Appeal No . 3534 - ROBERT WADDINGTON . Addition in
business zone with reduction of sideyard and rearyard . N/s Main
Road , Mattituck . Filed July 16 , 1986 . Motion was made by
Mr . Douglass , seconded by Mr. Goehringer , to temporarily hold
this matter in abeyance pending receipt of referral comments
from the Planning Board on the site plan , also filed 7-16=86 .
The board did .not authorize advertising of this matter for a
public hearing at this time , but will when receipt is acknoiiledged .
2 . Appeal No . 3432 - JOHN AND JOYCE HOLZAPFEL . Written
request was received requesting final inspect.i-on _for acceptance
of right-of-way improvements , E/s South Harbor Road , Southold .
Chairman Goehringer indicated that he inspected the right-of-way
today and recommends acceptance, subject to constant . maintenace .
On motion by Mr . Goehringer , seconded by Mr . Grigonis ,
it was
Southold Town Board of Appeals -9- July 17 , 1986 Regular Meeting
(Reviews/Resolutions , continued : )
RESOLVED , that the improvements as inspected by the Chairman
July 17 , 1986 , be and hereby are accepted , subject to the follow-
ing requirements :
1 . That the improvements are to be within the legal
perimeter of the r. i*t-of-way ;
2 . That the right-of-.way be continuously maintained in
good condition at all times_.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was a-bsent . )___ This resolu
tion- was duly adopted .
OTHER 'REVIEW : Appeal No . 3513 - STEPHEN SHILOWITZ ..
The board members reviewed the map prbpared.'and submitted
by Mr . Shilowitz during the hearing . this evening , and authorized
and directed the Chairman to request the following as early as
possible : . - -
(a ) three original survey maps of ,most recent date , if
available [or survey _mapped by Roderick Va.nTuyl , P . G. of
October 27 , 1981 ] ; _-
(b ) copy of current deed[s] ;
(c ) written confirmation that the premises will be
serviced by city water and/or city sewer utilities and a copy
of the written Village agreement _or contract.;
(d ) staking of all corners along the bulkhead areas of .
the proposed buildings [including decks] and the 50-.foot rear-
yard setback line .
Southold Town Board of Appeals -10- July 17 , 1986 Regular Meeting
PUBLIC HEARINGS FOR AUGUST 14 , 1986 : On motion by Mr . Doug-
lass , seconded by Mr. Goehringer , it was
RESOLVED , to author-i-2e and direct the Secretary to advertise
notice of the following matters for public hearings to be held at
the next Regular Meeting , to wit : ' 'THURSDAY , AUGUST 14 , 1986 ,_ in
the local and.- official newspapers of the town , the Suffolk Times
and L . I . Traveler-Watchman :
(a ) Appeal No . 3530 = ROBE.RT. T. GOODWIN . Additi.on:.wi.thin
75 ` fo wetlands . _ S/s Peconic. _Ba.y.- Bo.u_1_evard, Laurel .'
(b ) Appeal No . 3433 -' 'DESSIMOZ .AND RACZ.. 280-a. ROW off .
N/.s Sound Avenue known as "Hall_o-ck Lane , " Mattituck . ..Road report
was received 7/15 and transmitted to app-licant and h .s : agent._
(c ) Appeal No . 3520 Area , width and
depth variances . Corner of Bay and Case Roads , jus.t west of
Meadow Lane , Cutchogue . Subject to receiving Planning Board
referral comments by advertising deadline .
(d) Appeal No . 3533 - JOHN BREDEMEYER. Frank , rear and
insufficient setback from bulkhead and highwater. W/s Bay
Avenue , Orient .
(e ) Appeal No . 3442 = JOHN J . NEWMAN . Additions with
insufficient setback from highwater mark . 430 .Sailors Needle
Road , Mattituck. [DEC received]
(f). Appeal No . 3535 'NO.RTH FORK FRIENDS 'OF KENYON. .T.UTHILL .
Fundrai s_i ng event on premise-s zoned _",A-_80", -of'.W'i_11_i am' LaMorte ;
E/s North ,Bayview Road , S/s Pine Neck Road, _Southold .
(g ) Appeal No . 3532 - 'ARTHUR 'BURNS . Accessory tennis
court in front yard . 3525 Private Road #13. ROW off _N/s Bergen
Avenue , Mattituck .
(h ) Appeal No . 3536 - GEORGE BROWN . Addition with reduc-
tion of side yard to two feet .. 150 Briarwood Lane , Cutchogue .
(i ) Appeal No . 3477 - WILLIAM AND KATHERINE HEINS .
Continued hearing concerning insufficient area , width and depth
of two parcels . N/s Main Road , Orient . [Subject to receiving
surveys by advertising deadline] .
Southold Town Board of Appeals -11 - July, 17 ,. 1986 Regular Meeting
(Public Hearings - 8/14/86, continued : )
(j ) Appeal No . 3478 -� 'B-ECKY 'JOHN.STON . 280-.a. ROW N/s
Oregon Road , Cutchogue . M. .Hal.l., Esq .
(k ) Appeal No . 3513 = STEPHEN SHILOWITZ . Continued hearing
concering insufficient setback from bulkhead/high water mark for
new condominium construction . W/s Sixth Street_, Greenport .
(1 ) Appeal No . MICHAEL HERBERT . Special Exception
for Bed and Breakfast in._ Residential Zone . N/s Pike Street ,
Mattituck. Subject to receiving application within next four
days , together with plan/layout of change of existing house .
(m ) Appeal No . 3389 = 'T . PETIKAS . Subject to receiving
confirmation from_ applicant " s. attorney to proceed . Variance to
extend business use . .into residential ._zone ._ W/s Sound Road ,
N/s S . R . 25 , Greenport .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was_ absent; ) Thi_s r_esol u-
tion was duly adopted .
ENVIRONMENTAL 'DECLARATI.ONS : On motion by Mr . Douglass ,
seconded by Mr ._' Go.ehrin.ger ,_ It was
RESOLVED, to declare the following Negative Environmental
Declarations on the each of .the following matters determining
each project not to have an adverse__ effe_ct upon the environment
for the reasons indicated below and in accordance with the N . Y . S
Environmental Quality Review_. Act (SEQRA) , Section 617 ,. 6-. NY.CRR ,
and Chapter 44_ of .the Code of ,the Town of Southold : _
Appeal No . ' 3531 - Albert J .. Breneisen ;
Appeal No. 3521 - ,Andrew and W,i,lliam Goodale ;
Appeal No . 3517 Rosalie G owe n__•_
Appeal No_. 35.23 - Stev-
e Kalaijian ;.
Appeal No. 3529 - Paul Kelsch ;,
Appeal No . 3428 -. Bertha Kurczewski ;
Appeal No . 352.9 - Richard and. Alice McManus ;
Appeal No . 3522 _7 North. Fork ' Bancorp
Appeal No . 3526 - Bruce _and Shirley Sieverman ;
Appeal No . 3527 - Robert and Cha_rl_otte Wissman
(continued on pp.. 12-22 )
i
v
Southold Town Board of Appeals -12- July 17, 1986 Regular Meeting
(Envirome'rit'al-D'ec'1'ar'a't'io'ns',� continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO..: 3531 . ...... ...... ......
PROJECT NAME:AL'B'E'RT' 'J',' B'R'ENE'tS'EN -
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant- adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for .any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE- OF ACTION: . [X:] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION:Accessory pool, deck and fence enclosure. .
within 75 ' ' of mean high water
LOCATION OF PROJECT: Town of .Southold, County of Suffolk, more
particularly known as: 715 Dawn Drive, East Marion., , NY
1000-35-5-.16 -
REASON (S) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) 'the rel, of requested is a setback variance regulated as
prov;Lded in Section . 617 . 13 of the State Environmental Quality Review
Act, 6 NYCRR
c
Southold Town- Board of Appeals -13- July 17 , 1986 Regular Meeting
(Envirome'nt'a'l''D'ec'l'ara't'ions, -continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO..: 3521
PROJECT NAME: ANDREW & WILLIAM GOODALE
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review -Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE- OF ACTION: . [ :] Type II [X ]. Unlisted [ ]
DESCRIPTION OF ACTION: Reduce living area in this preexisting, non-
conforming dwelling unit to less than 850 sq. ft. "B-1" Bone.
LOCATION OF PROJECT: Town of Southold., County . of Suffolk, more
particularly known as: 7655 Main. Road, Laurel, NY_ 1000-122-6-30 .1.1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(.2..�_The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area - -- --
South6ld''.Town Board of Appeals -14- July 17, 1986 Regular Meeting
(Enviroment'al•:D'ec'1'ara't'i'o'ns,• continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.': 351.7
PROJECT NAME: ROSALTE GOWEN --
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.'
project.
TYPE- OF ACTION: . [X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: (1) Insufficient .lot -area, , (2) insufficient
lot depth (3) insufficient lot width', of two pareels,.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Corner of . Zena Rd'._.., _Cpt. Kidd Drive and Cenlzral
Drive '., Mattituck 1000-106-02-32 .and 43
REASON (S) SUPPORTING THIS DETERMINATION:
(1) • An Environmental Assessment in the, short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
_ (2) The Suffolk County Health Dept. has approved or- issued its
letter waiving additional-review-by their agency ----- -
(3) The relief requested is not directly related to new construction, ,
being a 1bt line or area variance.
Southold Town- Board of Appeals -15- July 17, 1986 Regular -Meeting
(Enyromerital' D'e'c'l:ar'a't'i'ons,• continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3523
PROJECT NAME: STEVE KALAIJIAN
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar`
project.
TYPE- OF ACTION: . [XI Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient lot area of proposed Parcel
No. 2 in this .lwo-lot division/set-off
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: N/s' Private ROW extending off, the N/s Bergen,
Ave. , .Matt.ituck; NY '1000-112-01-18
REASONS) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The- relief requested is not ,directly related to new construction, ,
being 4 rot-line--or--area variance---- --- --------
Southo'ld' Town• Board of Appeals -16- July 17, 1986 Regular Meeting
(Enyirom'e'nt'a'1•:D'e'c1ara't-i•6n's, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO 3529
PROJECT NAME: ' PAUL' KEL'SCH
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency .
which may also have an application pending for the same or similar.
project.
TYPE- OF ACTION: . [ yJ Type II [ ], Unlisted [ ]
DESCRIPTION OF 'ACTION: Deck Addition with insufficient rear-
yard setback.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 405 Wendy. Drive, Laurel, .NY
1000-127-08-19 ..
REASON (S) SUPPORTING THIS DETERMINATION.:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The _relief requested -is' a setback variance regulated as
provided in Section 617 .13 :of the Atate Envirq mne'rr al Quality Review
Act, 6. NYCRR -
Southold' Town-,Board of Appeals -»- July 17, 1986 Regular Meeting
(Enyirom'e'rit'al• D'ec'l'ar'a't-i'oris,- continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO..: 3428
PROJECT NAME: BERTHA 'KU-l�GZETi�SKI -
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #4474 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar,
project.
TYPE- OF ACTION: . [X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient lot area and .frontage.-of two
parcels.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Depot Lane, Cutchogue, . NY
1000-102-02-003 and 025
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The Suffolk County Health Dept. has approved or issued its
letter waiving additional review by their agency - -- -
(3) The relief requested is not directly related to new construction,
being a lot line or area variance
s
1
Southold' Town'Board of Appeals -18- July 17 , 1986 Regular !Meeting
(Envirome'nt'al''D'ec'l'ara'ti'ons, continued: }
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO . 3 5 2 9 ..... ...... .... ..
PROJECT NAME: RIG.HA'RD' '&' 'AL'I'C'E XcMANUS
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for .any other department or agency
which may also have an application pending for the same or similar'
project.
TYPE- OF ACTION: , [X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Construction of- an open .porch i,n .excess
of. 30 sq. ft.. in, area, ._having an: insufficient setback from front.
propertY line.
LOCATION OF PROJECT: Town of Southold1.
- County of Suffolk, more
particularly kjnown as: 710 Cedar Lane, East_ Marion_, ' NY
100073176-5. 1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The -pP Y
-ro er in question is not, located within 300 feet of
-- —t_ -- .----
tidal. wetlands or other critical environmental area'. -- ---- -- -'-
(3) . The relief requested is a setback. variance regulated as
provided in Section 617 ..13 of the State _Environmental Quality Review
Act, 6 NYCR.R
1
Southold Town-.Board of Appeals - 19- July 17, 1986 Regular ,Meeting
(Enyiroment'al' Dec'l'arati.'ons', continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL N0. : 3522.. . ...... ....... .
PROJECT NAME: NORTH x oRO ,K, BANC'0RP. --
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE- OF ACTION: . [_ :] Type II [X ]. Unlisted [ ]
DESCRIPTION OF ACTION:(_l) one-,large on-premises - ID sign- in -excess.
of the maximum height; and w dth 'requirements, .and (2) second on-premises
ID(rdirectory sign:
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 9025 Main Road, ' Matti tuck, : NY "
1000-122-6.-020... Zoning District: "B-Light Business"
REASON (S) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple7
mented as planned;
(.2)A The property, in question- is not located within 300 .feet- of •
tidal wetlands or other critical environmental area
s
Southold Town Board of Appeals -20- July 17 , 1986 Regular Meeting
(Envirom'e'rit'a'l''D'e'c'l'ar'a't'io'ns, -continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3526 . . ...... ...... ....
PROJECT NAME: Ht'U'C'E' '&' 'SHIRLEY 'STEVE'RMAN
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE- OF ACTION: . [-X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Deck addition to existing dwelling;- attaching
an .existing pool, leaving an. insufficient setback from the southerly
property line
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Conner of Aquaview.,.Aye. and Rocky Point Rd. ,
East Marion, NY 1000=21-3-1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) . An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is- a setback variance regulated as
provide in Section -617 .13 of the -State Environmental Quality Review-* -
Act, 6 NYCRR
i
Southold Town• Board of Appeals -21 - July 17, 1986 Regular Meeting
(Enyiromee t'al''D'ec'l'a'r'ati'o'ns,• continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO..:3 a27
PROJECT NAME: - 'ROB'E'RT' AND' CHARLOTTE*.WI'S'SMAN
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar`
project.
TYPE- OF ACTION: . [X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Locate new dwelling .with reduced: (1) side-
yards, (2) frontyard, . (3) rearyard, . (4) setback from highwater.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 715 Gull .Pond, Lan..e,_ Greenport, NY ..
1000-35-04-007 . 6
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) �'Fte re l\f__re nested riance regulated as
_q_ _ �s a setback va:` g
provided in Section - 617 .13 of the State Environmental Quality-Review
Act, 6 NYCRR.
c
1
Southold Town Board of Appeals -22- July 17 , 1986 Regular Meeting
(EhVi roOhmerital' 'Declarations , continued: )
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly.- adopted .
OTHER.-MATTERS pending public hearing; awaiting additional
information , as - noted below : __
(a ) Appeal. No . 3.5.71 'KAPELL REAL 'E.STATE/LIMP.ET . Area ,
with and depth-. variances... Brown St . ,_ Greenport� Await
Co . Health.-approvaljwa.iver before advertis ing deadline .
- - - - - - - - - - - - - - - -
(b ) Appeal No . 3514 - GEORGE P . SCHADE . Area , width and
depth variances . Await�CO. ._- He.a_1_th Dept . waiver before
advertising deadline .
- - - - - - - - - - - - - - - - - - - - - -
(c ) Appeal No . 3487 - 'CHURCH OF THE OPEN 'DOOR . Await
additional_- input as requested 'Re : .Spec-ial Exception on
portion of .pr_emises pending subdivision approval by
the Planning Board , _ W/s Bayview Road, Southold .
- - - - -- - - - - - - - - - - - __
(d ) Appeal No . 3519 - 'SANDERS 'AND SCHWARTZ . Area , Width
and setback variances Th..this proposed set-off of
undersized parcels . Await Article VI approval /waiver
and D . E . C . Shores Acres , Mattituck.
(e ) Appeal No . 3503 GEORGE 'D .: 'DAMI_EN .. Area , Width
and depth variances .. - 5th_--anal_ Mai n Streets , 'New .Suffolk.
Await Co . Health approval /waiver and P .B. re-views . ..-
- - - - - - - - - - - - - - -
(f). Appeal No . 3495 'JOHN 'AND 'GLORIA SHIRVEL'L . Area ,
w._idth .and _depth variances : N/s Pine Tree Road , Cutchogue .
Await Co . Health Art . VI approval /waiver .
(g ) Appeal No . 3496 =. FREDERICK KOEHL:ER , 'JR. Cabana/
beach house structure within 75 ' of water _al_ong Cutchogue
Harbor . N/s Old Harbor Road. Await Co . Health approval .
- - - - - - - - - - - - - - - - - - - - - -
(h ) Appeal No . 3484 PHILIP AND ELLEN 'BELL-OMO . _Addition
to dwelling with insufficient setback from—fresh water.
Private Road off ,NJs` S_oundview Avenue , Southold .
Await D . E . C .
(i ) Appeal No . 3464 TED DOWD . Variance to construct
Southold Town Board of Appeals -23- July 17 , 1986 Regular Meeting
Other Matters pending public hearings ; awaiting additional informa-
tion as noted below (.continued ).:
Dowd , continued :
new dwelling with : (1 ) eccessive lot coverage , (2 ) insuffi -
cient front yard , (3 ) insufficient side yard , (4 ) insuffi -
cient setback from wetlands . 350 Rabbit Lane , East Marion .
Await Trustees reviews/action .
( j) ,Appeal No . 3439 - ARNOLD AND KAREN BLAIR . Variance
for re-division into two lots with insufficient area ,
and width at Cedar Lane and Beach Court , East Marion .
Gardiners Bay Estates Lots 151 thru 172 Incl . adjoining
roads . **Await '.PB , Health Dept ., Art . VI approvals/input .
[Possible Town Trustees jurisdiction-upland contains
wetland grasses] . [Building envelopes of buildable areas
not shown . ]
(k) Appeal No . 3445 - JULIUS ZEBROSKI . Variance for approval
of two lots having insufficient area . E/s Waterview
Drive and N/s Bayview Road , Southold . **Await Article VI
approval and copy of C .O . for existing land and buildings
[previous lot-line changes and conveyances '?] . PB comments
received . ..
( bo Appeal No . 3461 - HELMUT HASS. Variance for approval of
two business lots as proposed with insufficient area and
width . S/s C._.R. 48 , Peconic . **Await Co . Health Art . VI .
Planning Board comments received .
(m) Appeal No . 3462 - -HERBERT MANDEL . Variance for approval
of three parcels having insufficient area . N/s Main
Road , East Marion . **Await Co . Health Art . VI and copy
of C .O.
( n) Appeal No . 3449 - FRANK AND ETHEL BEGORA: ' Variance for
approval of.' three parcel s having insufficient area , depth
and width.. N/s Main Road , East Marion . **Await County
Health Art . VI , corrected maps and P . B . reviews after .
submission of maps .
(q ) Appeal No . 3403 - 'ANNA- LORIA. Variance for approval of
two parcels having insufficient area , width and depth .
W/s First St . and N/s King St , New Suffolk . **Await
Co. Health Art . VI appal . and approval /waiver .
(p ) Appeal No . 3426 - 'GERALD DOROSKI . Variance for approval
of access (280-a ) . N/s C . R. 48 , Peconic . **Await
additional information to clarify ROW and P . B . input..
(q ) Appeal No. 3411 . ANDREW FOHRKOLB . Variance to restore
ex.isti.ng build.ing for habitable use (additional dwelling
unit ) . W/s ,Lipco Road , Mattituck . **Await scaled floor
plans and C .O . or PreCO .
Southold Town Board of Appeals -24 - July 17 , 1986 ''Regular Meeting
Other Matters.,:.,Pendin Public Hearings (**awaiting additional
information as' noted? , continued :
(r ) Appeal No . 3299 - DOUGLAS MILLER . Variance to include
wetlands in subdivision which would not result in
i .. insufficient area . Kirkup Lane , Laurel . **Await DEC
apd;,Co: •' Heal th..D6psirtmbnt .approval s of pending subdivision .
(s ) Appeal No . 3412 - THOMAS CRAMER . Variance to construct
within 75 ' of wetlan s . E/s Meadow Lane , Mattituck .
**Await Trustees action/approval . (Health Dept. approval
Hd.-DEC-waiver. : recejved. )
(t ) Appeal No . 3355 - PAUL & MARIETTA CANALIZO . Variance to
construct with insuff cient setback in frontyard and
from wetlands . **Await DEC and wetland setbacks map . - , ..
Trustees reviews pending .
(u ) Appeal No. 3214 - HANAUER & BAGLEY . Variance for
approval of two lots having insufficient upland , build-
able area . DEC waiver and Planning Board received .
**Await Co. Health And . Trustees . Lighthouse Road and
S/s Soundview Avenue , Southold .
(v) Application for LOIS AND FRANK THORP . E/s West Lane
and:, S/s North Lane private , off the E/s Orchard Lane
East Marion. Variance for approval of lots having
insufficient area , width , depth , etc . **Await' Notice
of Disapproval after application to Building Department.
reissuance of filing fee , postmarked certified-mail
receipts , etc .
(;W) .Appeal No . 3293 m HAROLD AND JOSEPHINE DENEEN . Variance
for approval of three parcels having insufficient area ,
width and depth. W/s ROW off the S/s Bayview Road (west
of Waterview Drive ) , Southold . " 280-a* not requested .`
**Await Co . Health Art. .. VI and DEC approvals/action .
( X) Appeal No. 3252 - JOHN CHARLES & M. SLEDJESKI . ' Variance
appealing .decision of Planning Board of 4/2/84 that
buildable area in proposed division is less than 80 ,0.00
sq . ft. (excludes wetland grass areas ) for a one-family
dwelling , and less than 160 ,000 sq . ft . (excludes wetland
grass areas ) for an existing two-dwelling usage .
E/s Narrow River Road and S/s Main Road , Orient .
` '**Await Co. Health Art . VI and SEQRA.
( Y.) -i Appeal No . 3367 - LOIS AND PATRICIA LESNIKOWSKI . Variance
for approval of two parcels, having insufficient area and
R ,width.. . S/s._ No,rth Qrive , .Mattituck . **Await DEC . Build-
ing envelopes and s'�tbacks not shown since enactment of
Local Law - Wetlands Setbacks .
' I
i
,t ;Soi„thoIfd. Town Board of Appeal s -25- July 17 , 1.986 Regular Meeting
Other Matters Pending Public Hearings (**awaiting additional
information as noted , continued :
(? , ) Appeal No . 3371 - FLORENCE RO:LLE . Variance for approval
of two ;parcels. having insufficient area , width and depth.
E/s Ole Jule Lane and N/s Kraus Road , Mattituck . **Await
Article VI application/approval by Co . Health a.nd poss . DEC.
(;aa) Appeal No . 3342 = 'PHILIP 'R . REINHARDT. Variance.. for
approval of two parcels Tav ng insufficient area and width.
**Recessed from .5/25/83 -as requested by attorney for County
HealthiDepartment Art. VI approval /clearance (and. DEC) ;
i
(.bb') Appeal No. 3216 - 'EUGENE 'DAVISON . Variance to establish
living :quarters over stable . Applicant has requested
postponement until further notice and Planning Board reviews .
S/s Sou;nd 'Avenue ,....Mattituck .
kc) Appeal No. 3191 - HERBERT MANDEL . Variance to change
lot line and construct garage in front/side yard areas .
E/s Inliet Lane Extension , Greenport . Premises of R . E .
Clempne;r. and Herbert Mandel .are contiguous . **Await DEC & PB .
(-d`d) Appeal No . 3249 - 'DONALD P. 'BRICKLEY . Variance for
approval._ of. lots having insufficient ar.ea..and width .
S/s Bay; Avenue and E/s Broadwater Drive , 'Cutchogue .
**Await' DEC , Art. VI by County Health , and contour maps .
( e) Appeal No . 3263 -; 'ROGER MUNZ . Variance for Relief of
Cgnditi!on No . 7 and the May 27s T983 decisions rendered: in
Appeals; No . 3100 and 3101 ... **Recessed from 9/13/84 as
requested by applicant.. Requests for status have been
made, (w'i tho.ut response ) . Premises have been sold .
Vf ) 41ppeaI No . 3268 = 'J : 'KATHERINE TUTHILL . Variance for
approval .:of parcels having insufficient area , width and
depth in this "C"., zone . . ,*,*Await DEC . and Co . Health Art . VI
ap.plica;tion/actions . Planning Board. recommended denial 9/84 .
There. being no other business ' properly come before the
board l at this . time-, the -Ch.a.i.rman de,c7.ared. _Thursday ,._ July .31 ,
1986 as the 'date 'of .our next Speci.al___Meeting , and_ the meeting
adjourned at 12 :.15 a .m.
Respectfully' sub`mitted ,
'nda F. :KowaI ski =Sec-retary "c :
y
b 1
Southold. Town, ��B-oaa"r:d`of"`Appear"s
July 31 1986
Approved = ,ugu'st 1986
i
RECEIVED AND FILED BY
THE souniom TowN cLm
DATE FIOUH/D,'S'6�4.�1
Town Clerk, Town of Southold