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HomeMy WebLinkAboutZBA-06/28/1984-SPEC o y Ln Southold Town Board of Appeals • �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN �.. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S SPECIAL MEETING . THURSDAY , JUNE 28 , 1984 A Special Meeting of the Southold Town Board of Appeals was held on Thursday , June 28 , 1984 at 7 : 30 o ' clock p .m. at the Southold Town Hall , Main Road, Southold , New York . Present were : Gerard P. - Goehringer , Chairman ; Charles Grigonis , .Jr. ; Robert J . Douglass and Joseph H . Sawicki . Also present was Victor Lessard , Administrator ( Building Department) . Absent was : Serge Doyen (of Fishers Island) . The Chairman called the meeting to order at 7 : 30 p .m. RESERVED DECISION : Appeal No . 3244 . Application for JOHN DENNY , 333 Warwick Avenue , Tea Neck , NJ 07666 , for a Variance to the Zoning Ordinance , Article III , Section 100-32 , for permission to construct accessory garage building in the frontyard area at premises , 1255 Private Road #1 (Goose Creek Lane ) , Southold , NY ; County Tax Map Parcel No . 10007078-08-009. The public hearing on this matter was held on June 21 , 1984 , at which time the hearing was declared closed pending deliberations . The board made the following findings and determination : By this appeal , applicant seeks permission to construct a 24 ' by 24 ' accessory building for garage and storage purposes approximately 110 feet from the front (road ) property line along the driveway area. The premises in question contains an area of a,.pproximately 19 ,500 sq . ft . with approximately 75 ' frontage along Goose Creek. Lane (a private street ) , and is improved with a one-family one-story dwelling set back approximately 135 from the front property line . The dwelling is set back. substantially more than that required by the Southold Town Board o.t Appeals -2- June 28 , 984 Special Meeting (Appeal No . 3244 - JOHN DENNY , continued : ) zoning code and the area requested for the garage. appears to be the most feasible under the circumstances , although_ it is technically considered frontyard as defined by Article I., ection 100-13 of the code . The board agrees with the reasoning of the applicant. In considering this appeal , the board also determines : (a ) that the relief requested is not substantial under the circumstances of this appeal ; (b ) that by granting the relief requested , the character of the neighborhood will not be adversely affected or changed ; (c ) that by allowing the variance , no .substantial detri - ment to adjoining properties would be created ; (d ) no adverse effects will be produced on available governmental facilities of any increased population if the variance is allowed; (e ) that the interests of justice will be served by allowing the variance as indicated below. Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that Appeal No . 3244 , application for FATHER. JOHN DENNY for permission to construct 24 ' by 24 ' accessory.. garage- storage building in the frontyard area !, BE 'AND 'HEREBY IS APPROVED SUBJECT 'TO 'THE FOLLOWING 'CONDITIONS: 1 . No closer than five feet (5 ' ) to the west side property line ; 2 . No closer than 100 feet to the front (road ) property line ; 3 . Not to be used for habitable or sleeping quarters (for storage and garage purposes only ) . _ Location of Property : 1255 Private Road No . 1 (Goose Creek Lane ) , Southold , 'NY ; County. Tax­ Map Parcel. No . 1000-078708-009 . Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member D'oyen .of .Fishers Isl_.and was. ab,sent . This resolu- tion was adopted by unanimous -vote of al.3 the members present. PENDING DELIBERATIONS AND DECISION : Appeal No . 3227 - EUSTACE C . ERI S A - pub is hearing was held on June 21 , 1984 , concerning this matter , at which time the hearing was declared closed pending deliberations , and receipt of additional information supporting appellant' s claim in this matter , such as , .photographs , survey or. ori.ginal garage prior to conversion to sleeping quarters , copy „of build.ing ,permit.. approving the conversion to sleeping ,quarters , if any , 'or other _town record . (ex.cept Certificate of Occupancy Z6726 of October' 3 , 1975 ; which is -part of the record) . The secretary was instructed to -send a request for this documentation to Mr. Bruer. Southold Town Board of Appeals -3- June 28 , iy84 Special Meeting RESERVED DECISION : Appeal No . 3248 . Upon application of JOHN GRIGONIS , 950 Bayview Road , Southold , NY for a Variance to the Zoning— rdinance , Article III , Section 100-31 , for approval of the construction of a new dwelling with reduction of sideyard setback at premises located at 860 Main Bayview Road , Southold ; County Tax Map Parcel No . 1000-070-07-016. 2 . The public hearing on this matter was held on June 21 , 1984 , at which time the hearing was declared "closed pending deliberations. The board made the following findings and' determination : By this appeal , applicant seeks approval of the 9' 3" northerly sideyard setback of a_ one-family dwelling structure which is being constructed pursuant to Building Permit #12865Z issued February 9 , 1984 , except that the original building permit authorized a minimum northerly sideyard at not less than 10. feet under Article III , Section 100-31 of the Zoning Code for "residential " use structures . On March 27 , 1984 and April 12 , 1984 , foundation inspections were approved , and on April 23 , 1984 , a survey was amended to include certification of the new dwelling and its location . The northeast corner of the dwelling is shown to be set back 11 ' 1 " from the northerly side line . The building is set back 45 feet from the front property line . Testimony was received at the public hearing held June 21 , 1984 , both in opposition and in favor of this application . Deed at Liber 6019 , page 87 , dated December 17 , 1965 , which conveyed the premises to the north of this parcel from Benedict A. and Mary J . Manasek to Florian and Zofia Furmankiewicz was submitted for the record for consideration . In reviewing the deed , it was indicated that a right-of-way was reserved for the Manasek ' s use for a five-year period commencing from the date ' of conveyance . No other documentation was submitted which would indicate a right- of-way over the property in question of the applicant . The members of this board are familiar with the. property in question as well as the surrounding neighborhood. The premises is located in the B-Light Business District and a use variance was condi - tionally approved under Appeal No . 3116 on June 14, 198.3 , with three conditions : (1 ) All fuel tanks on the premises shall be de-commissioned by either removing entirely from the premises or filling , (2 ) No business use is to be permitted on the subject premises , (3 ) All construction proposed shall be in compliance with all other zoning requirements ( i .e . , setbacks , lot coverage , et cetera ) . Consider.ing the circumstance's of this matter , the board. determines : (a ) that the relief requested is less than 10% of the requirements , (b ) that the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance , (c ) that no adverse effects will be produced on available govern- mental facilities of any increased population if the variance is Southold Town Board of Appeals -4.- June 28, iv84 Special Meeting (Appeal No . 3248 - John Grigonis , continued: ) allowed , (d) that no substantial . change will be produced in the character of the neighborhood or a substantial detriment to adjoin- ing properties , (e ) that the interests of justice would be served by allowing the variance , as indicated below. Accordingly, on motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , that Appeal No . 3248 , application of JOHN 'GRIGONIS for approval of the reduction of the sideyard setback at 9 3" as applied , BE AND 'HEREBY ' IS APPROVED SUBJECT TO THE FOLLOWING "CONDITION : That there be no further sideyard reductions on this residentially-used property. Location of Property: 860 Main Bayview Road , Southold , NY; County Tax Map Parcel No. 1000-070-07-0016 . 2 . Vote of the Board : Ayes : Messrs . Goehringer , Douglass and Sawicki . Member Grigonis abstained: Member Doyen of Fishers Island was absent . This resolution was adopted by majority vote . RESERVED DECISION : Appeal No. 3222 . Upon application for JOHN WICKHAM, by Wickham, Wickham and. Bress- ler , P . C. , Main _Road Mattituck , NY for a Variance to the Zoning Ordinance , Article VI , Section 100760 for permission to use premises as a business office for marine_ contracting , with accessory use forstorage and repair of contractor '.s. own vehicles and equipment , at 67576 Main Road , Greenport , NY; County. Tax Map Parcel No. 1000-052-0.5-58 . The public hearing on this matter was held on May.:.17 , 1984 at which time the hearing was declared closed pending deliberations . By this appeal , appellants seek a variance from Article . VI , Section 100-60 for permission to use this premises as a business office for a marine contractor , with accessory use for storage and repair of that contractor ' s own vehicles and own equipment. The premises in question i.s identified on the Suffolk County Tax Map as District 1000 , Section 52 , Block 5 , Lot 58 , and contains an acreage of 3 . 5472, with frontage along the Main State Road of 584. 37 feet and along Albertson ' s Lane of 596 .81 feet. This premises is located in the "B-Light" Business District and is vacant. By this application , the following improvements. are proposed : (a ) two 30 ' by 60 ' buildings (b ) fencing around the perimeter of the area of the requested use , all of which are indicated on the survey amended February 22 , 1984 with pencil sketch. All of the members of this board are familiar with the property in question as well as the surrounding neighborhood. Premises to the west , the east and the south (across the Main Road ) are also zoned 'Southold Town Boara uF Appeals -5- June 28 , s'4 Special Meeting (Appeal No . 3222 - JOHN WICKHAM AND OTHERS , continued : ) "B-Light" Business . Premises across the Main Road to the southwest are zoned "C-Light" Industrial and are used .for building materials sales and storage . For the record, it is noted that some of the uses permitted in this zoning district are : (a ) business , professional , govern- mental offices , (b ) banks , (c) financial institutions, (d ) retail stores , (e ) restaurants , (f) retail bakeshops , (g ) laundromats and similar establishments , (h ) personal service stores/shop.s , (i ). marinas for noncommercial boats , including sale of fuel and oil for those boats accommodated at same . . It is the opinion of the board that the use requested for a marine contractor business. office., with accessory storage and repair of that contractor ' s own vehicles and own equipment , would be compatible with the surrounding commercial zoning districts , and that the granting of this variance would not alter the essential character of the locality . Also , the board determines : (1 ) that the use under this decision would not prevent the orderly and reasonable use of adjacent proper- ties or property in adjacent. use district ;__ (2 ) that the safety , health , welfare , comfort, convenience and order of the town will not be adversely affected by the proposed use and its location ; (3 ) that the interests of justice would be served by allowing the variance , as further indicated below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Grigonis , it was _ RESOLVED , that .Appeal No . 3222 , application for JOHN 'WICKHAM for permission to establish a marine contractor business office , with accessory storage and repair of that contractor ' s own - vehicles and equipment ; BE AND HEREBY IS APPROVED SUBJECT TO 'THE FOLLOWING CONDITIONS : 1 . That the use permitted by this application shall not exceed the 65 ,000. sq . ft. of. area as proposed and submitted. on. the sketch plan ; 2 .. Fencing as proposed shall not exceed 6 ' 6" in height i.n all areas ; 3. Said fencing shall be of a type that will not allow visibility from the streets and other areas outside of the fenced area ; 4 . Any storage of flammable materials shall be for applicant/ contractor' s sole use ; 5. No retail sales of flammable materials is permitted ; 6 . Entrance and exit driveways shall have an unrestricted width of. not less than 12 feet and not more than 30 feet , and shall be located not less than 10 feet from any property line , and shall be laid out as to avoid the necessity of any vehicle backing out across any public right=of-way ; Southold Town Board of Appeals -6- June 28 , 1984 Special Meeting (Appeal No. 3222 - JOHN WICKHAM 'AND 'OTHERS , continued : ) 7 . Vehicle lifts or pits , vehicles , dismantled or otherwise , and all parts or supplies , shall be located within a building ; 8. All service or repair of vehicles/equipment of the contractor s.hall be conducted in a building ; 9. The storage of gasoline or flammable oils in bulk for contractor ' s own use shall be located fu,_lly underground and not less than 35 feet from any property. line other than a street line ; 10 . No gasoline or fuel pumps for contractor ' s use shall be located less than 15 feet from any street or property line ; 11 . Additional or other construction requirest, an applica- tion for consideration to both the Zoning Board of Appeals and the Planning Board , for site and parking approvals . 12 . Approval of the site and parking plans by the Southold Town Planning Board in accordance with Article VI , Section 100-60 , and Article XIII for this proposal ; 13 . Referral of this action to the Suffolk County Planning Commission in accordance with Sections 1323 , et seq . of the Suffolk County Charter. Location of Property : North Side of Main Road , and West Side .of Albertson ' s Lane , Greenport , NY ; County Tax Map Parcel No . 1000- 52-5=58 . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by unanimou..s vote of the members present. RESERVED DECISION : Appeal No . 3118 . Upon application for KATHRINE FARR by . S . S . Corwin , Esq . , First Street , Greenport , NY for a Variance to the Zoning Ordinance , Article VIII , Sections 100-80 (B ) and 100-81 , for permission to construct build- ing for marina office. in this "C-Light Industrial " District , at 1100 Manhanset Avenue , Greenport, NY ; County Tax Map Parcel No. 1000-034- 05-021 . The public hearing on this matter was held on May 17 , 1984 , at which time the hearing was declared closed pending deliberations . The board made the following findings and determination : By this appeal , applicant seeks variances to the provisions of Southold Town Board of Appeals - -7 June 28 , 1984 Special Meeting (Appeal No . 3118 - KATHRINE FARR, Variance , continued :) Article VIII , Sections 100-80 (B) [9] (14) and 100-81 , of the Zoning Code , for approval of the proposed insufficient front and rear yard setbacks required in a "C-Light" Industrial Zoning District , for a principal building . These provisions require a minimum 50 ' front- yard setback and a minimum 50 ' rearyard ,setback . Applicant proposes a two-story building for marina office with accessory storage of 16 ' by 20 ' and a three-foot covered walk-up on the north side , and an upper deck of a size 4 ' 6" at its narrowest width and 10' at its wider edge ; with little or no setback distance from the bulkhead along the rear line . Eliminating this deck area , it appears the building will be setback 4 ' 6" at its northwest end and 10 ' at its southwest end . From the front property line, the building appears to be set back not less than 12 feet' at its nearest point. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3 ,780 sq . ft. with 132. 76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23 , 1983 . This parcel is identified on the Suffolk County Tax Map as District 1000 , Section 034 , Block 05 , Lot 021 ,. and was conveyed to the applicant on December 11 , 1981 at Liber 9152 page' 392 . The premises is vacant land. It is noted for the record that on March 30 , 1984 , action was taken with conditions by the Southold Town Planning Board con- cerning this property and subject to receiving a site plan in final form , showing : (a ) The location and size of the proposed office building approved by the Zoning Board of Appeals ; (b) Suitable parking for five cars with minimum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals ; (c ) Proposed fencing along Manhanset Avenue and the adjoining property to the south ; (d ) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet .of the southeast corner of the premises . The 'Planning Board has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a ) through (k ) of that board ' s March 30 , 1984 action . It is noted , however , that this board in making this decision may impose conditions more stringent than that of the Planning Board , particularly Items 4(c) , (d) , (e ) , (f) , for purposes of better traffic visibility , boat accessibility , safe and- proper manuever- ability, convenience , parking , et cetera . The members of this board are familiar with the property in question as .well as the surrounding properties . All testimony received at the„ public hearing held May 17 , 1984 by. this board has been taken into consideration . Opposition concerning this application has not been submitted for the record since the filing of .this application . Southold Town Board of Appeals -8- June 28 , 1984 Special Meeting (Appeal No.. 3118 - KATHRINE FARR, Variance , continued : ) It is also noted for the record that a Special Exception appli- cation under Appeal No . 3117 has been simultaneously filed with the subject application , and for which deliberations are pending with this board as of this date . In considering this appeal , the board determines : (a ) that the relief requested is substantial in relation to the requirements of the Zoning Code , Bulk Schedule ; however , the difficulty cannot be obviated by some method feas,_ible for the applicant to pursue other than' a variance ; (b ) that by the granting of the relief requested , no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties since premises on the south has similar circumstances ; (c ) that no adverse effects will be produced on available govern- mental facilities of any increased population if the variance is allowed; .(d) -that the interests of justice will be served by allowing the variance ; and (e ) that the variance as granted will be in harmony with the general purposes of zoning . Accordingly , on motion by Mr. Douglass ; seconded by Mr . Sawicki , it was RESOLVED , that the application for KATHRINE FARR in Appeal No . 3117 , for permission to ,construct 16 ' by 2.0 principal build- ing with a 3 ' covered walk-up at the northerly side to the second floor , 'BE 'AND HEREBY ' IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No lighting that will be adverse to neighboring uses ; 2 . A railing or barrier (guide rail ) shall be constructed , not to exceed 30" above ground level , along the front property line to prevent unsafe exiting onto street , [except that the area for egress and ingress within the "curb cut" remain open] ; 3 . No fencing along the front property line , except chainlink for proper visibility .,(or otherwise noted in these conditions ) ; 4 . No fencing .along the north side property line less than (or within ) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired] ; 5 . No boats to be moored parallel to existing moored boats (no stacking ) ; 6 . Additional docking and mooring facilities will require an application to the .ZBA and. consideration therefore ; 7 . Proposed future construction or changes. requires approval by the ZBA. before a building permit is to be issued ;. 8. Proposed second-story deck at west end of building shall be reduced (from 4 ' 6" and 10 ' ) to 2 ' 6" at the northwest corner and 5 ' at the southwest corner, respectively; 'Southold Town Board 'uf Appeals -97 June 2--, 1984 Special Meeting (Appeal No . 3118 - KATHRINE FARR, Variance , continued : ) 9. Existing stockade fencing along south line shall be con- tinuously maintained ; 10 . No launching ramp shall `be built or permitted ; 11 . Building approved .herein shall conform to all setbacks in letter/memorandum dated June 18 , 1984 from Stanley S. Corwin , P. C. ; 12 . No storage. of boats other than inside building or moored in water. Location of Property : West Side of Manhanset Avenue , Greenport, NY ; County Tax Map Parcel No . 1000-34-5-21 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present . The' secretary was then instructed to attach a copy of the June 18 , 1984 le.tter/memorandum from Stanley S. .Corwin , P . C . with enclosure to the back of the board ' s decision . RESERVED DECISION : Appeal No . 3231 . Upon application for DOUGLAS MILLER, Montauk Highway , Quogue , NY for a Variance for approvals of accesses , New York Town Law, Section 280-A, over two private rights-of-way, one known as "Kirkup Lane" and the other as "Laurel Way" located at the South Side of Sound Avenue , Mattituck , (near Laurel ) , to premises identified as County Tax Map Parcel No . 1000-121 -4-10 containing approximately 7 . 2 acres . The public hearing on this matter was held on June 21 , 1984, at which time the hearing was declared closed pending deliberations . The board made the following findings and determination : By this application , applicant seeks : (a ) approval of access over a 20-25 foot right-of-way having traveled widths of approximately : [11 nine feet within a length of approximately 2 ,018 feet and [2] eight to 10 feet narrowing in places to ..s_even feet for a length of approximately 1 ,608 . 59 feet , known and referred to as "Laurel Way Right-of-Way" ; and (b) approval of access over a 16=foot right-of-way along the easterly side of a 47 . 136-acre parcel presently owned by Peconic Homes Corp. having a traveled width of approximately 10 feet for a length of approximately 1 ,665 . 18 feet , known and referred to as " Kirkup Lane" to the 7 . 2-acre parcel in question (now or formerly of Mulvihill ) Southold Town Board of Appeals -10- June 28 , . 34 Special Meeting (Appeal No . 3231 - DOUGLAS MILLER, continued : ) identified as County Tax Map -District 1000 , Section 121 , Block 04 , Lot 10 . - Both rigghts-of-way .are more particularly shown on the map -pre.ppared by Young &' Young. revised April 10 , I984 , Survey File No . 84-146 . Concerning "Laurel Way Right-of-.Way , " the first 250 feet , plus or minus , meanders in and out of .treed areas and it is questionable as to whether the traveled right-of-way is within its legal perimeter . The road material consists of stabilized sand and medium size gravel on hard-packed sandy loam , a,nd 'the _surface has numerous potholes and depressions to two ..to.. four inches , along the 2 ,018-foot .length . In continuing down this right-of-way , the board also found .many sections 12 or more below the existing abutting grade levels . This southerly .portion of "Laurel Way" has a base consisting of varying mixtures o.f sand , loam and gravel ;­and the surface has a few . smaal washouts and. depressions . Within. the last 250 feet , more or less , there are steep descending grades to the .-.end of the road . At the times of inspections , there was water from the Lake standing in the latter 75-foot length area , and the water level was about five feet below the end of the - road. It is the recommendation of our town road. inspector that the "Laurel ' Way" right-of-way should not be considered for access because Of poor alignment an.d. tight turns , narrow road width and necessity of tree remov.a.l , poor sight on turns. , necessity of .filling of wetlands in the. last' 75 ' area unless an alternative route is made . This board recommends an ,alternative route extending northerly rather than this 75 ' westerly to_ avoid filling or changes_ to the Lake area , as well as the extensive improvements (as stipulated below)_, Concerning "Kirkup Lane" right-of-,way , it is the opinion of . the board that, same would be- the_ better choice since the surface consists of compacted gravel with depths of .3" on a hard-packed base of sand and. loam . The traveled road.., appears to be within the 16 ' _width shown on the' Young: & Young map , i_.s stable and in good condition , and has an even profile . If .subdivisions are proposed or pending concerning property_having access within this right=o.f-way_, an updated review and additional widening must be considered to _a .minimum of 16 feet wide, and possibly greater depending upon the circumstances. . Th.e applicants are. awa.re. that they may or may not have a legal right to use_,the presently traveled " Kirku.p Lane".__..right-of-,w.ay.__ due to the_ termi.nol o'gy i_n the deed to. James: V. Mulv_i h,i l l- at Li_be_r_„51._09 , cp 35 , recorded January, 10 ;. 1962 ; therefore , the decision made under this _ap,pli cation— is sub.jec.t to a leg.al _right to use either of the - subject_- rights-of-,way i_n beh'al f .of. ,the appl i cant'( s ) . - In the event it _is foun _d thatapplicant (s ) or subsequent owners will not have a legal right to use..,. this "Kirkup Lane" .right-of-.w.ay , and also that no improvements are made-to the "Laurel _Way." right-of-.way_ as stipulated in this decision , then-. the applicant (s )__ or_ subsequent owners to this property w.i.11 be required to return to this. board due to... lack of .appr.oved access pursuant to New York Town Law;. Sec . 280-A. In considering this appeal , the board also determines : (a ) that the relief .requested is not substantial ; (b ) that by granting the relief requested , the character of the neighborhood. would not be adversely affected ; (c ) that by allowing the variance, no substan- tial detriment to adjoining properties would be created-; (d) that Southold Town. Board of Appeals -11 - June 28 , 1984 Special Meeting (Appeal No . 3231 - DOUGLAS'.MILLER, continued : ) no adverse effects will be produced on available governmental facilities of any increased population ; (e ) that the relief requested will be in harmony with and promote the general purposes of. zoning ; (f) that the plight of the owner is due to unique circumstances ; (g ) that in view of the manner in which the difficulty arose , the relief requested cannot be obviated by some method feasible' to appellant other than a variance , and (h ) that the interests of justice will be served by allowing the variance , as indicated below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED, that Appeal No . 3231 , application made for DOUGLAS MILLER, for approvals of accesses over two rights-of-way as indicated in this board ' s findings , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING : 1 . Either or both rights-of-way (Laurel Way or Kirkup Lane ) shall be improved a minimum width of fifteen [15] feet and as noted below : (a ) KIRKUP LANE RIGHT-OF-WAY : [1 ] All new cuts be surfaced with similar materials as exist in present. traveled roadway , with a minimum 20% gravel content; [2] Brush shall always be cut back to allow for suitable unobstructed access . (b ) LAUREL WAY RIGHT-OF-WAY AND EXTENSION : [1 ] Trees must be removed and right-of-way regraded within 15-foot width ; [2] ;That the . right-of-way starting at the 16 ' -width mark (at a point approximately 1 ,750 feet from Sound Avenue ) shall have an unobstructed width to 16 feet , and regraded the full 15-feet in width ; [3] Access route shall be within the legal perimeter of this right-of-way; [4] Entire right-of-way must be regraded to level of existing abutting properties along this right-of-way and improved with 20% of gravel or stone blend content and 80% bankrun (to a minimum depth of four inches in all areas ) ; [5] No construction of a bridge , or. modification or changes to existing. lake area without approval of Southold Town Board of mppeals -12- June 28 , 1' _ Special Meeting (Appeal No . 3231 - DOUGLAS MILLER, continued : ) l (b ) [5] cont' d : the N .Y. S . Department of Environmental Conserva- tion , this board , and any and all other necessary . approvals ; [6] If an alternative route is agreed for the last 250 feet of this right-of-way over property presently of Macari , said alternative is subject to this board ' s inspection and satisfactory acceptance for access by emergency vehicles , as well as the applicant obtaining a legal right over same ; [7] Redesigning of this right-of-way to prevent water runoff into wetland and/or lake areas . 2 . All subdivisions , pending or proposed , having a legal right over either, or both rights-of-way in question , will be required to reapply to this board for an updated consideration for additional improvements as may be necessary for emergency vehicles ; 3 . Either or both rights-of-way which will be traversed by the applicants must be continuously maintained in good and satisfactory condition for access by emergency vehicles ; 4 . All brush and other obstructions must be cleared to allow for proper, unobstructed access ; 5 . Upon written notice to the Board of Appeals , an on-site inspection as authorized by the Board of Appeals must be made of the improvements and must be accepted by this board as satisfactory prior to the issuance of a Certificate of Occupancy; Location of Property in Question : South Side of Sound Avenue , Mattitu.ck , near Laurel , New York; more particularly identified as County Tax Map District - 1000., Section 121 , Block 04 , Lot 10 , con- taining 7 . 2 acres . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. 'Southold Town Board of Appeals -13 June 28 , 1 _ 1 Special Meeting RESERVED DECISION : Appeal No . 3245 . Application for DAVID 'AND 'JEANNE BRAWNER, Main Road , Orient , NY for a Variance to the Zoning Ordinance , rtic e II ; Section 100-31 for approval of insufficient area of parcel to be set-off from an 4. 066 acre parcel at the South Side of Main Road , Orient ; County Tax Map Parcel No. 1000-20-3-28 and part of 11 . 2 . The public hearing on this matter was held on June 21 , 1984 , at which time the hearing was declared closed pending deliberations . By this appeal , appellants seek a variance to the provisions of Article III , Section 100-3.1 , Bulk Schedule of the Zoning Code , for approval of the insufficient area of a parcel of land of approximately 54 ,840 sq . ft . The remaining tract will contain an area of approxi - mately 107 ,800 sq . ft . with 302 . 21 frontage along the Main Road and 147 .48 ' frontage along a right-of.-way at the easterly side of the premises . The parcel to be set-off contains frontage along the Main Road of 214.' 23 feet and along the easterly side (along -4 right-of-way) of 282 . 52_ ' , and is improved with a one-family dwelling and accessory storage barn building . It was mentioned for the -record that the southerly 148 . 48 feet was used for farm purposes . The board members have visited the. premises in question and are familiar with the neighborhood . The board has found that a majority of the parcels - in the vicinity of these premises are similar in size proposed by this application .-, pplication . Also in considering this appeal , the board determines : (a ) that the relief requested is not substantial ; (b) that by the granting of the relief requested, no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties ; (c ) that the diffi - culty cannot be obviated by. some method feasible for the appellant to pursue other than a variance ; (d ) that no adverse effects will be produced on available governmental facilities of any increased population if the variance is allowed ; (e ) that the interests of justice will be served by allowing the variance as applied. Accordingly, on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , that Appeal No . 3245 , application made for 'DAVID AND JEANNE. BRAWNER for approval of insuffi_ci.ent area of 54 ,840 sq . ft. BE AND 'HEREBY IS APPROVED, AS 'APPLIED , subject to referral to the Suffolk County Planning Commiss._ion in accordance with Article 1323 , et seq . of the Suffolk County Charter , and subject to final action of the Southold. Town Planning. Board in accordance with Chapter A106 of the Code of the Town of Southold . Location of Property : South Side of Main Road , Orient , NY ; County. Tax Map _Parcel No . 1000-.20=3-28 and ' part of .11 . 2 ( 11 . 5) . Vote of .the. Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent . This resolution was adopted by unanimous vote of the members present. V Southold Town Board of Appeals -14- June 28 , 1984 Special Meeting PENDING APPEAL NO. 3247 - ERNEST AND JEAN STUMPF . This matter was held for public hearing on June 21 , 1984 , at which time the hearing was declared closed after receiving testimony pending reinspection and deliberations . The board will reinspect this property and the adjacent property owners properties about July 12th . PENDING 'APP-EAL NO. 3117 - KATHRINE FARR*, Special Exception . The public hearing- on this matter was held on May 17 , 1984 , at which time the hearing was declared closed pending deliberations . The board members agreed to consult with the Town. Attorney con- cern.ing a "limited" brokerage use prior to making a determination on this matter. The Chairman said a Special Meeting will be called prior to. J.u'ly, 16th . NEW 'MA.TTERS 'F.ORREVIEW; SEQRA 'AND SCHEDULING FOR HEARINGS : The following matters were reviewed and the following actions were taken -concerning same . On motion 'by Mr. Grigonis , seconded by Mr . Douglass , it was RESOLVED, that the following matters be and hereby are scheduled for Pu,bli_c Hearings to be ,held . at our Regular Meeting _in August , 1984 , tentatively set::for..:Tfiursday; August. 23 , 1984 .commencing at 7 : 30 -p .m. ,' and that the secretary is hereby authorized and directed to advertise same in. the local and official newspapers of .the town pursuant to law:. Appeal. No . '.3262 - 'J .P . H.UBERMAN ' (R. HOBSON ; Owner) . Request for variance from .requi.rement of 30% of .first floor area for home ,.occupat_ion [physician ' s] _office . _ Appeal No . ' 3263 - ROGER 1. 'MU.NZ ' (J : MOISA; Owner) . Request for relief of Condition- Noe 7 of .prior actions of ZBA in Ap.pe,a_ls No . .3100 and 3101 of May 27 , 1983 . Prior to voting on this resolution , the board members requested that ­a copy of .the building/fl.00r plan of this dwelling showing the actual percentage of-.use for .the home oc_c_ upation be,. provided for the record as soon a.s possi.ble . Vote of .the. Board : Ayes : Messrs . Goehringer , Dou.gl.ass , Grigonis and Sawicki . Member Doyen of ,Fishers Island was absent. This resolution was adopted by unanimous vote of all ' the members present: Southold Town Board of _)peals -15- June 28 984 Special Meeting ENVIRONMENTAL.;DECLARATIONS : On motion by Mr . Grigonis , seconded by Mr. Douglass , it was RESOLVED , to declare the following Negati'Ve 'Envir70nmerital' 'Declara- tions as noted below, pursuant to the N.Y .S.. Environmental Quality _Review Act : NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3262. PROJECT NAME: `J e P o 'HUBERMAN '.(Owner R. Hobson ) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y. S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated : below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to exceed' 30% of the first floor area for home occupation use (physician ) in this A-Residential District . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of ..C ..R. 48 , Southold , NY ; County Tax Map Parcel No . 1000-59=3-23 conta.ining approximatelji one acre in area . 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 premisse is not located within 300 feet of tidal wetlands or other critical environmental area . f Southold Town Board of Appeals -16- June c8 , 1984 Special Meeting (Environmental Declarations , continued: ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3263 PROJECT NAME: ROGER L . MUNZ (Owner: J . Moisa) 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: Relief- of Condition No . 7 of prior decisions rendered May 27 , 1983 in Appeal Nos . 3100 and 3101 . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/S Main Road , Matti tuck, NY ; County Tax Map Parcel No . 1000-140-03-038 . 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 premises in question is not located near tidal wetlands or other critical environmental area . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of all the members present . v Southold Town Board of Appeals -17- June 28 , 1984 Special Meeting PENDING DELIBERATIONS : Appeal No. 3246 !- PATRICK CARRIG and ano. The public hearing on this matter was held on June 21 , 1984 , at which time the hearing was declared closed pending 'deliberati.ons. In dis- cussing the improvements contemplated within this right-of-way , the board members agreed to reinspect same perhaps after a heavy rain and to find out where the cross drain pipes are and their sizes . The board postponed deliberations and a determination until the next meeting . I PENDING 'SEQRA AND ON-SITE INSPECTION : Appeal No . 3252 . Matter of JOHN 'CHARLES AND MARYANN SLEDJESKI - Variance to obtain person to set-off.-.. a parcel of land containing insufficient buildable "upland" area of a proposed 80 ,OOO11sq .. ft. and a 1.35 ,622 sq . ft. parcel , located at the South !Side of Main Road , Orient , NY; County Tax Map Parcel No . 1000-l9-1 -2 . The applicants have submitted a Notice dated April 24 ,. 1984 from the N . Y. S . .Department of .Environmental Conser'vation_ indicating that the su_bje_ct premises is,__ greater than 300 '. from inventoried tidal wetlands and therefore no permit is required ,fi6m their agency at thi__s time . The Planning Board at .its April 2_, 1984 meeting denied the applicants ' proposal for two lotsidue to insufficient "buildable" area . This matter was scheduled for public hearing for July 26 , 1984; however it is the unanimous opinion of the board that .thi_s matter be taken off that agenda for the purposes of 'an on-site inspection and processing of the N . Y . S. Environmental Quality Review Act regulations . The boa-rd..;has.::.al so, requested r.ecei pt '. of written approval from the Suffolk County Department of' Health Services prior to scheduling this matter for public he'ar. ing.. The follow- ing action was taken : On motion by Mr. Goehringer , secon''ded by! Mr. Douglass , it was RESOLVED, that this board ' s resolution of June 21 , 1984 be and hereby is rescinded , and that this matters accordingly is determined " incomplete" for the following reasons : (a ) Lack of .written approval from the Department of .Health Services of Suffolk County .for the .water and/for septic systems ; (b) An on-site inspection of the remises ; p p Vote of .the. Board : Ayes : Messrs . Goehr1nger., Gn gonis , Douglass and Sawicki . Member Doyen of Fishers Island ,was absent. This resolution was adopted by unanimous vote! of _all the members present. i I Y Southb1d .Town Board of Appeals -18- June 28 , 1984 Special Meeting Being there was no other business properly coming before the board at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 9 : 48 p .m. Respectfully submitted , Linda F. Kowalski , Secretary Southold Town- Board of Appeals GERARD P . GOE INGER, CHAIRMAN July 26 , 1984 i RECEIVED AND FILED BY THE S0=OLD TOWN CLERK DATE /a /ct!"HO /offl �� Town Clerk, Town of Southold