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Ln Southold Town Board of Appeals
• �'oy� 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 M I N U T E S
JOSEPH H. SAWICKI
SPECIAL MEETING
THURSDAY , MAY 31 , 11984
A Special -Meeting . of - the Southold Town Board of Appeals was
held on Thursday ; M'ay 31 ; 1984 ., at 7 :00 .p .m. at the Southold
Town Hall , Main Road., _Sout-hol_d , New' York....
Present were : Gerard P. 'Goehri'nger , Chairman ; Robert J .
Douglass , Member; and Joseph H . Sawicki , Member . Absent were :
Charles Grigonis , Member and Serge Doyen (Fishers Island) , Member .
The Chairman opened the meeting at 7 :00 p .m.
The board members discussed the outcome of the recent inspec-
tions on each of .the fo,llowi.ng matters:
Appeal No . 3238 James Anderson ;
Appeal, No . 3222 John Wickham and others ;.
Appeal No. 32'41 Robert' W. Gi l l i spi.e., '_III ;
Appeal No . 32.40. - John and' Patricia Dinizi'o ;
Appeal No. 3237. - .G,oldsmith and. Tuthill , Inc .
Appeal No . 3236 ._ G,ol_dsmi.th and. Tuthill , Inc..
Appeal. No . 3235 - Gertrude M. Ali '-
Appeal No . 3243 - Kevin and * Les`l:ey Milowski ;
Appeal No . 3118 - Kathrine Farr; ._
Appeal No . 3117 - Kathrine Farr Special Exception .
. Southold Town Board of i p e a 1 s -2- May 31 1984 Regular Meeting
RESERVED DECISION : Appeal No . 3237 . (Variance )
Upon application for GOLDSMITH AND TUTHILL, INC. by R. F . Lark , Esq . ,
Main Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article
IX , Section 100-93 for permission to construct office building with an
insufficient frontyard setback , at. 1515 Youngs Avenue , Southold , NY ( "C-1 "
General Industrial Zone ) ; County Tax Map Parcel No . 1000-60-1 =6.
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 permission to construct an one-story ,
40 ' by 60 ' building for office and storage use which is proposed to be
set back approximately 22 ' from its farthest point and 18' from its near-
est point , westerly of an existing fence located at the easterly frontyard
area of the parcel in question .
The premises in question contains an area of 38 , 550 sq . ft . with
frontage along Youngs Avenue of approximately 150 feet . The premises is
improved with four separate garage/storage buildings , three above-ground
fuel storage tanks .and existing fences and walls around its perimeter
(exclusive of the present two accesses at Youngs Avenue ) . Abutting
the premises on the north is a driveway and parking area for Agway , on
the west Agway , on the south Long Island Railroad and on the east Youngs
Avenue . The subject premises is located in a "C-1 General Industrial "
Zoning District . For the record , it is noted that the premises has been
the subject of prior appeals No . 2565 rendered July 26 , 1979 and No . 241
of December 1959 . Application No . 3236 for a Special Exception con-
cerning the use of this building has been filed simultaneously herewith
and rendered also this date .
It is the opinion of this board that the relief requested
is not substantial in relation to that existing on the premises
in question and abutting properties and therefore would not
adversely affect the character of the district . At the southeast corner
of the premises exists a 19. 5 by 13 . 5-foot storage shed set back from
the existing fence 16 ' at its farthest point , and set back 25 ' from the
fence on the south . Opposite the parcel across Youngs Avenue is an
existing office and storage building with a minimal frontyard setback.
In considering this appeal , the board determines : (a ) that the
relief requested is not substantial ; (b ) that by granting the
requested relief, the character of the neighborhood will not be
adversely affected ; (c ) that by allowing the variance , no substantial
detriment to adjoining properties would be created ; (d) that 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 ; and (f)
that the interests of justice will be served by allowing the variance ,
Southold Town Board of, ..dpeals -3 May 31. , 84 Regular Meeting
(Appeal No. 3237 - . GOLDSMITH AW TUTHILL, INC . , continued: }
as indicated below.
cAccor..dingly, on motion by Mr. Douglass , seconded by Mr. Sawicki ,
it was
RESOLVED, that Appeal No . 3237 , application of GOLDSMITH AND
TUTHILL , INC , for per to construct principal building for
office and storage use with an insufficient frontyard setback , BE
AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Building shall not be closer than 22 . feet from the east
(front) property line ;
2 . Building shall not be closer than 45 feet from the north
property line , as applied and shown on the 2/18/84 site plan .
3: Planning Board final site plan approval. .
Location of Property : 1515 Youngs Avenue , Southold , NY; County
Tax Map Parcel No . 1000-60-1 -6 .
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 .
RE.S.E.R-VED DECIS.I..QN.:. Appeal. 'No . 32.36., (S.pe.ci,al Exception) .
Upon app.l i ca.tion . for. GOLDS-MITH AND '.T.UT,HILL,; 'I:NC. 'by R.. F. -Lark , Esq . ,
Ma.i n. Road ,- Cutch'o.gue ,. 'NY for a Speci_a . :Exce.pti.on to the Zo.ni ng. Ordinance ,
Article I,X , Se.cti.ons, 10.0-90 ,., 100_-.91 , and. Article. VIII , Section 100-80 (.B)
for permission to construct office _ and storage building in- this_ "C-1 "
General Industrial ..District , at. 1,5.15' Youngs Avenue , Southold , NY'; County
. -Tax Ma.p Parcel No_e, 1000-60-.1'6 .
The public h-eari-ng on this matter was held on .May. 17 , 1984, at
which time the hea.ri'ng was declared closed pending del.i.,berations::
The board made the following findings and determination :
This is an. application for a Special Exception for permission to
construct an one-story. 40 '. by _6o '. bu.i.l.ding for of.fi.ce -and -storage use in
this "C-1 General Industri;al ' Zoning ,_Distri_-ct . Article IX , Section
100-.91 of the: Town Zoning Code requires that " e . , a use . . . permitted in
_any use district only as a specia_1 exception . - .,is not permitted in a
C-1 District except__ as a special -.,exception by the. Board of Appeals . . . "
Article VIII , Section 100-80.( B) requires that " . . . no building or part
o_f .a building shall be erected . . ...Which is arranged , intended or
designed to _be used for any purpose except . . . B. . . Uses permitted by
special exce.p.tion : ._._oas hereinafter provided. ._.,(1 ) Industrial uses . . . . "
The premises in question contains an area of 38.,550 sq . ft. . with
Southold Town Board of appeals -4- May 31 , iv84 Special Meeting
(Appeal No . 3236 - GOLDSMITH AND TUTHILL , INC . , continued : )
frontage along Youngs Avenue of approximately 150 feet . The premises is
improved with four separate garage/storage buildings , three above-ground
fuel storage tanks and existing fences and walls around its perimeter
'(exclusive of the present two accesses at Youngs Avenue ) . Abutting
the premises on the north is a driveway and parking area for Agway , on
the west Agway , on the south Long Island Railroad and on the east Youngs
Avenue . For the record , it is noted that the premises has been the
subject of prior appeals No . 2565 rendered July 26 , 1979 and No . 241
of December 1959. Application No . 3237 for a Variance concerning the
proposed insufficient frontyard setback of this building has been
considered and rendered under the same date hereof.
In considering this application , the board has determined : (1 )
that the use of the land in question is one of the uses permitted in
this zone ; (2 ) that the use hereby authorized will not alter the
essential character of the neighborhood in this zoning district ; (3 )
that the safety , health , welfare , comfort , convenience and order of
the town will not be._ advers,ely affected by the granting of this
permit; (4 ) that the use will be in harmony with and promote the
general purposes and intent of. zoning . In passing . upon this applica-
tion , the board members have carefully considered. all testimony heard
and all members of the board have viewed the property in. question .
NOW, THEREFORE , IT IS RESOLVED on motion by Mr. Douglass ,
seconded by Mr . Sawicki , that Appeal No . 3236 , application for
GOLDSMITH 'AND 'T.UTHILL , 'INC . for a Special Exception for permis-
sion to ' construct principal building for. office and storage use
as applied and shown on the 2/18/84 site plan submitted with
the subject application ; BE 'AND 'HEREBY 'IS APPROVED 'SUBJE.CT TO
THE 'FOLLOWING 'COND.ITIONS :
1 . The subject building shall not be closer than 22 feet
from the east (front ) property line.. (as applied ) ;
2 . The subject building shall not be closer than 45 feet
from the north property line (as applied ) ;
3 . Planning Board final site plan consideration/approval .
Location of Property : 1515 Youngs Avenue , Southold , NY ;
County Tax Map Parcel No . .1000-.6.0-1_-6 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . Member Doyen of .Fis_hers Island .was. absent.
This resolution was adopted by unanimous vote of all members present.
Southold 'Town Board of Appeals -5- May 31 , iy84 Special Meeting
RESERVED DECISION : Appeal No . 3243 .
Upon application of KEVIN 'AND 'LESLEY MILOWSKI , Box 134 , Cutchogue , NY
for a Variance to New York Town Law, Article 16 , Section. 280A, for
approval of access over a private right-of-way at the west side of Cox
Neck Road ,. Mattituck , (now or formerly of W. Chudiak ) ; County Tax Map
Parcel No . 1000-113-7-part of Lot 12..
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 application , appellants seek approval of access over a 50-foot
private right-of-way located at the west side of Cox Neck Road and ex-
tending westerly 312 . 16 feet to the premises in question , which is an
80-,000 sq . ft . vacant parcel set off by the Planning Board, File #368 ,
at its Meeting of March 12 , 1984 .
Although the right-of-way has been traveled by farm vehicles , the
right-of-way is in need of improvements for satisfactory access by
emergency and other vehicles . It is the understanding of the board
that this request is for access only to the parcel in question , and
it should be understood that any further subdivision or additional
dwelling structures will be required to return for an updated review
and updated improvements as this board would, deem necessary under
the circumstances .
In considering this appeal , the board also determines : (a ) that
the relief requested is not substantial ; (b ) that by granting the
requested relief, the character of the. neighborhood will not be
adversely affected ; (c ) that by allowing the variance , no substantial
detriment to adjoining properties would be created; (d ) that 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 ; and (f)
that the interests of justice will be served by allowing the variance ,
as indicated below.
i
Accordingly , on motion by Mr . Goehringer , seconded by Mr . Doug-
lass , it was
RESOLVED , that Appeal No . 3243 , application of KEVIN AND LESLEY
MILOWSKI for approval of access , BE AND HEREBY IS APPROVED AS 'APPLIED
AND SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the right-of-way must be improved a full ten-foot width
with four inches of bankrun (mixed with 20% stone content) to the
parcel in question for a length of approximately 312 . 16 feet ;
2 . Any future subdivision or set-off past this parcel along
this or any other right-of-way will require re-application and
consideration by this board for appropriate 280A access consideration
Southold Town Board o'. _Appeals -6- May 31 , ,1 4 Special Meeting
(Appeal No . 3243 - MILOWSKI , continued : )
(or the Planning Board if same falls within their purview) ;
3: The right-of-way must be continuously maintained in good ,
satisfactory condition for access by emergency and other vehicles ;
4 . Upon written notice to the Building Inspector or Board
of Appeals , an inspection and approval of improvements must be
made prior to the issuance of a Certificate of Occupancy.
Location of Property : Right-of-Way at the West Side of Cox
Neck Road , Mattituck , NY ; County Tax Map Parcel 1000-113-07-part
of 012 .
Vote .of the Board : Ayes : Messrs . Goehringer , Doyen and
Sawicki. (Members Grigonis and Doyen were absent. ) This resolu-
tion was adopted by unanimous vote of the members present .
RESERVED DECISION : Appeal No . 3241 ..
Upon application of ROBERT W. GILLISPIE, III , Box 1112 , Southold, NY
for a Variance to the Zoning Ordinance , Article VI , Section 100=60 (C) for
permission to erect sign with insufficient setback from the front (street )
property line , at North Side of Main Road , Southold , NY; County Tax Map
Parcel No . 1000-061 -02-07 and part of 05.
The public hearing concerning 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 to erect one double-faced ground
sign not to exceed 6 '..6" in height by 12 ' 6 " in width , thelower edge of
which will not be less than 4 ' above ground and the upper edge of which
will not extend more than 15 ' 6" aboveground, as ' an accessory structure
advertising: only the real estate business to be conducted on the
premises in this "B-l " General Business District . This appeal is
from Article VI , Section. 100-60(C) [2] (a ) (per Article VII , Section
100-70 (C) [21 ) , which requires 'accessory ground signs to be set back
not less than five feet from all street and property Lines . Appli -
cant proposes to locate the sign 1 ' 6" from the southerly edge of
applicant ' s front property l.ine , north of the concrete sidewalk area,
and will meet all other 5 ' -minimum yard setbacks .
The parcel in question contains an area of .0 . 195 acre , or 8 ,510
sq . ft . with a frontage along the Main Road of 42 feet. The premises
is improved with a one-story frame building which will be used for
real estate sales and an accessory barn building located at the rear
of the property . This property was the subject of a prior action of
this board rendered October 27 , 1983 i'n .Appeal No . 3139.
In view of the position of the existing building and. the . limited
Southold Town Board o'.- ..ppeals 7- May 31 1 _,4 Special Meeting
(Appeal No . 3241 - R. W. GILLISPIE, continued : )
frontyard area , the board agrees that practical difficulties do lend
to the granting of this application .
In considering this appeal , the board also determines : (a ) that
the relief requested is not substantial ; (b) that by granting the
requested relief , the character of the neighborhood will not be
adversely affected ; (c ) that by allowing the variance , no substantial
detriment to adjoining properties .would be created ;. (d) that 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 ; and (f)
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 . 32'41 , . application of ROBERT W.
GILLISPIE III for permission to erect ,doub.le-faced ground sign
with an insufficient frontyard setback of 1 ' 6" , BE AND HEREBY IS
APPROVED AS APPLIED .
Location of Property : North Side of Main Road , Southold, NY;
County Tax Map Parcel No . 1000-61 -2-07 and part of 05.
Vote of the Board : Ayes : Messrs . Goehringer , Douglass and
Sawicki . (Members Doyen and Grigonis were absent. ) This resolu-
tion was adopted by unanimous vote of at least a quorum of the
members present.
Southold Town Board of Appeals -8- May 31 , iv84 Special Meeting
RESERVED DECISION : Appeal No . 3238 - JAMES R. ANDERSON :
Upon application of 'JAMES ANDERSON , 16 Waverly Place , New York , NY
for a Variance to the Zoning ' Ordinance , Article XI , Section 100-118 (D)
for permission to reinstate nonconforming dwelling use of business in
this B-1 Business District , 300 Moore ' s Lane (a/k/a Linden Avenue ) ,
Cutchogue , NY ; County Tax Map Parcel No . 1000-109-03-008 .
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 , appellant seeks permission to reinstate a preexisting ,
nonconforming one-family dwelling use of an existing house structure , which
is shown on the survey prepared by Donack Associates of March 26 , 1984 to
have a total living area of approximately 650 sq . ft . with an accessory
storage garage building 16 ' by 20 . 2 ' in the southerly sideyard area set
back approximately 15 feet from Moore ' s Lane (Linden Avenue ) . The
premises in question contains an area of 4 , 985 sq . ft . and is located in
the "B-l " General Business District . To the board ' s knowledge , the
subject premises has not been used for business purposes since the
enactment of zoning in 1957 but has been used as a one-family residence .
Considering the size of the parcel and the location of the existing
buildings , the premises does appear to be more feasible for residential
purposes . There appears to be inadequate area for parking facilities
if a business were proposed , and since the premises adjoins properties
in the "A-Residential and Agricultural " Zone on the west and south
sides and opposite Moore ' s Lane , screening would additionally be
needed . It is noted for the record that only premises abutting this
parcel on the north are zoned "B-l " General Business , and neither the
business or the residential character of this area would be affected.
In considering this appeal , the board has determined : (a ) that
the relief requested is not substantial ; (b) that by granting the ,
requested relief , the character of the neighborhood will not be
adversely affected ; ( c ) that by allowing the variance , no substantial
detriment. to adjoining properties would be created ; (d ) that 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 ; and (f)
that the interests of justice will be served by allowing the variance ,
as indicated below. Also , the board determines : (1 ) that the use
hereby authorized will not alter the essential character of the
immediate vicinity '(2 ) that the safety , health , welfare , comfort ,
convenience and order of the town will not be adversely affected by
the granting of this permit (3 ) that the use will be in harmony
with and promote the general purposes and intent of zoning (4 )
that the circumstances of this appeal are unique and that by allow-
ing the variance , no detriment would be created to adjoining
properties .
Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass ,
Southold Town Board o . .,ppeals -9- May 31 , 19B _._ Special Meeting
(Appeal No . 3238 - JAMES R. ANDERSON , continued : )
it was
RESOLVED , that Appeal No. 3238 , application of JAMES R.
. ANDERSON for p.er.mission to reinstate one-family dwelling use with
accessory garage/storage building use , BE 'AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Any future change of use requires application and approval
from the Zoning Board of Appeals and the Planning Board (site plan ) ;
2 . The accessory garage building and future accessory structures
must be used accessory to the residence for storage purposes ;
3 . All new construction must comply with the 20% maximum lot
coverage (inclusive of accessory and existing buildings ) .
4 . No further frontyard reductions .
Location of Property : 300 Moore ' s Lane (a/k/a Linden Avenue ) ,
Cutchogue , NY ; County Tax Map Parcel No . 1000-109-03-08.
Vote of the Board : Ayes : Messrs . Goehringer , Douglass and
Sawicki . (Members Doyen and Grigonis were absent . ) This resolution
was adopted by unanimous vote of a quorum of the members present .
A Waiver of. .Notice of ,this meeting wa.s executed. 'by each of
the board members .
Southold Town Board or Appeals -10- May 31 , 'J �04 Special Meeting
RESERVED DECISION : Appeal No . 3240 . JOHN AND PATRICIA DINIZIO:
Upon .application of ROBIN E. CARR, 811 -Roanoke Avenue , Riverhead ,
NY for a Variance to the Zoning Or finance , Article III , Section 100-32
for permission to construct inground swimmingpool in the sideyard area ,
at 315 Brown Street , Greenport , NY ; County Tax Map Parcel No .
1000-048-03-042 . 3 .
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 , applicants seek permission to construct a 16 ' by
32 ' inground swimmingpool in the weste.rly sideyard area as an accessory
structure set back 10 feet from the westerly and southerly property
lines . The premises in question is shown on the September 15, 1975
survey prepared by .R. VanTuyl , P . C . to have an area of 31 ,336 sq . ft .
with 236 . 98 ' frontage along Brown Street. The premises is improved
with a one-family , one-story frame dwelling set back approximately
70 feet from Brown Street.
The board agrees with the reasoning- of the applicant . The depth
of this parcel is 136 . 39 feet , and due to the location of the dwelling ,
there is limited rearyard area .
In considering this appeal , the board also determines : (a ) that
the relief requested is not substantial ; (b) that by granting the
requested relief, the character of the neighborhood will not be
adversely affected ; (c ) that by allowing the variance , no substantial
detriment . to adjoining properties would be created ; (d ). that 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 ; and (f)
that the interests of justice will be served by allowing the variance ,
as indicated below..
For the record , it is noted that the subject premises was the
subject of an appeal , No . 1847 , approving the area of 31 ,336 sq . ft.
on October 11 , 1973 , and which was further grandfathered by the
Planning Board September 23 , 1980 .
Accordingly, on motion by Mr. Douglass , seconded by Mr.
Goehringer , it was
RESOLVED, that Appeal No . 3240 , application for JOHN AND
PATRICIA DINIZIO , for permission to locate 16 ' .by 32 ' swimmingpool
approximately 10 ' from the westerly side line and southe.rly rear
property line in accordance with Article III , Section 100-30 (c ) [2] (a ) ,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
Southold Town Board o . appeals .711 - May 31 , 1S .- Special Meeting
(Appeal No .. 3240 - JOHN AND PATRICIA DINIZIO, continued : )
1 . No adverse overhead lighting ;
2 . Not to be roofed.
3 . Not to be attached to the house (without prior approval
of this board by reapplication ) .
Location of Property : 315 Brown Street , Greenport , NY ; County
Tax Map Parcel No . 1000-048-03-042 . 3 .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass and
Sawicki . (Members Doyen and Grigonis were absent . ) This resolution
was adopted by unanimous vote of a quorum of the members present .
RESERVED D,ECIS.I.ON : Appeal. No . 3235 -. 'GE.R:TRU-DE' Mo. ALI
Application for 'G.E•RT-RUDE`Mo 'ALI 'by. -R.:F. Lark 'Esq > Main` Road ,
Cutchogue , 'NY for a. Variance to the`_ZO.ni_ng. Or.di_nanc_e , Article `II'I ,
Section 100=.32 for permission to construct n:ew dwelling which places
accessory storage bu.i l di ng in the fron'tyard area .
Locati.on of Property :
South Side of .East Road , Cutchogue_.,. 'NY;_. County. Tax Map Parcel �No ._
1000-110-07-01.8.
The public hearing on this matter was held on May. 17 , 1984 ,
at which time the hea.ring was de;cla.r.ed ,closed .pendi'ng deliberations
and receipt of .a copy of-,the ap.proved subdivision map of. ..11 /29/82 .
The board made the following findings and determination :
By this appeal , applicant seeks to retain the existing 20...l ' by
22 . 4 ' wood-frame_ gara:ge in_ its present, . Iocation which is situated_
approximately. 103 feet from the.--. front property. line and. 1 '.8 feet from
the westerl_y__ side. 1 i ne Under the r.ul_es _of .the zoning ordinance ,..
Article III , Section. 10.0-32 , accessory structures are-required to
. be in. the rearyard area . Technically , the present structure will
be in the frontyard area , approximately 18 .feet forward . of a
proposed n_ew , one-fam.i'ly dwelling structure. which would be set. ba.ck
from East Road app.roximately, _:151.. feet and. 50 .feet from the top of .
_the bank , 90 feet from the -wood bulkhead . This garage was built
in 1915 and was accessory to the "main house" before the subdi.:vision
was commenced. This garage is the sole structure on this parcel now.
The premises in question contains an area of .42.,708. sq . ft .
and is known and identified as Lot No . 1 of .Minor Subdivision of
"Moebius Associates , Section. Tw.o at Cutchogue" 'approved by the
Planning. Board. November 29 , 1982 . It is noted that Covenants and
Restrictions are recorded at Liber 9.317 , page 396 in the Office
of the Suffolk County Clerk requiring " . . . no residential structure
be . . . located within:. 50_ feet of the top edge of the bank. . .'. "
. The board members are familiar with the property in question
Sou,-thold Town Board of ipeals. -12- May 31 , 1 4 Special Meeting
(Appeal No. 3235 - GERTRUDE M. ALI , continued: )
as well as the surrounding properties . All testimony has been
carefully considered . .
In considering this appeal , the board also determines : (a ) that
the relief requested is not substantial ; (_b ) that by granting the
requested relief ,. the character of the_.. neighborhood will not be
adversely affected; (c ) that by allowing the variance , no substantial
detriment to adjoining properties would be created; (d) that 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; and. (f)
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. 3235 , application for 'GERTRUDE 'M: ALI
-for permission to retain existing garage as exists in the frontyard
area , as an accessory storage/garage use ; BE 'AND 'HEREBY 'IS APPROVED
SUBJECT TO THE 'FOLL'OWING CONDITIONS :
1 . This garage structure remain accessory for storage purposes
(not for living or habitable sleeping quarters ) ;
2 . This matter be referred to the Suffolk County Department of
Planning in accordance with' Sections 1323 , et seq . of the Suffolk
_County Charter.
Location of Property : South Side of East Road , Cutchgoue , NY ;
County- Tax Map Parcel No. 1000-110-07-018;, Lot No . 1. , Minor Subdivi -
sion of "Moebius Associates , Section Two at Cutchgou.e , " New York.
Vote of the. Board: Ayes : Messrs . Goehringer , Douglass and
Sawicki . (Members Doyen and Grigonis were absent. ) This resolution
was adopted by a unanimous vote of a quorum of the members present.
Motion was made `by Mr..' Sawi:cki., seconded. 'by Mr . ;Goehr.i.nger , and
duly carried , to adjourn . The. 'me.eti_n'g adjourned at' 8.50. p .'m.
Respectfully submitted ,
Li"r.dat_-. F. Kowa.l ski., Secre,ta'ry
_South;ol d. Town. Boar o ppea
ad1,,CEIVED _-AND FILED BY
Ger. ard' P. Goehr.i-nger, _C airman THE SOUTHOLD
Approved - /f�is.�y - TOWN CLERK
DATE // /9�/ / HOUR rr;,-s-
Town Clerk, Town of Southold