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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
1 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
MARCH '1'7 , 1'984-
A Special Meeting of the Southold. Town Board of Appeals was held
on Saturday , _March 1'7.; '1_984 at 11 : 00._.O ' clock - a .m. a.t th.e Southold
Town Hal 1 ,. Main _Road ;, Sou_thol d, .'New York,.
Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis ,
Member ; Robert J . Do.uglass ,, Member; a.n.d Joseph H . Sawicki , Member .
Member Doyen (F.i shers, ,Island ) was absent.. -A1 so present w.as , Victor
Lessard , Build_ing-Departm.ent . Administrator.
The Chairman called the meeting to order at 11 :00 a .m.
NEW HEARING FOR 'SCHEDULING & S. E. Q . R.A. : Appeal No . 3219 -
CROSS SOUND FERRY SERVICES, INC . On motion by Mr. Goehringer ,
seconded by Mr. Grigonis , it was
RESOLVED , that the matter of CROSS' SOUND FERRY SERVICES , INC .
under Appeal No . 3219 , BE AND HEREBY IS SCHEDULED FOR PUBLIC HEARING
to be held at the next Regular Meeting ' o_f this. boa.rd , _to wit ,
April 5 ,, 1984 , and the Secretary is authorized and directed to
adve.rtise. ,notice .of same in accordance with the requirements of
New York Town Law and the Town Code in the local and official
newspapers of the town .
Vote of the Board : Ayes : Messrs . .Goehringer , Grigonis , Douglass
and Sawicki . Member Doyen of . Fishers Is was absent . This resolu-
tion was adopted by unanimous vote of the members present .
Y Southold Town Board of Appeals -2- March 17 , 1984 Special Meeting
NEXT REGULAR MEETING : On motion by Mr . Grigonis , seconded by Mr.
Grigonis , it was
RESOLVED, to re-schedule the date of the next Regular Meeting of
this board to be held 'APRIL '5 ; '1984 (rather than March 29th ) , commenc-
ing at 7 : 30 p .m. , Southold Town Hall , Main Road , Southold , New York ,
and it was
FURTHER RESOLVED, that the Secretary is hereby authorized and
directed to publish notice of those hearings which have been scheduled
for March 29th to be modified to be held April 5 , 1984 accordingly.
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.
ADDITIONAL HEARINGS : On motion by Mr. Douglass , seconded by
Mr. Goehringer , it was
RESOLVED , that the following matters be and hereby are scheduled
for public hearings to be held 'APRIL "5 ; '1984 , and that. .the Secretary
is h.e.re;b,y authorized and directed to publish notice of .same pursuant
to law in the local and official newspapers of the town accordingly :
Appeal No. 3228 - BERIT LALLI ;
Appeal No . 3192 - LINDA MILLER FAULKNER.
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Douglass
an.d :Sawicki . Member Doyen of .Fishers .Is_land was absent . This resolu-
tion was adopted,.:by unanimous ,vote of the members pres.ent .
ENVIRONMENTAL DE.CLARAT.IONS: Pursuant to' Part 617 of the
implementing regulations ,pertai,.ning to. ,Ar.t.i,cle 8 of the. N'.Y .-S.
Environmental Quality "Review Act of the En.vinonmental Conserv.ati.on
Law and Local. Law #44-4 of the Town of Southold, 'the following
Declarations .,indicating that the projects listed below would have
a negative effective on. the environment were determined :
Southold Town Board of Appeals -3- March 17 , iy84 Special Meeting
APPEAL NO. : 3192
PROJECT NAME: LINDA MILLER FAULKNER
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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: Re-separate two lots as existed prior
to zoning in 1957 ; with insuffi,cien_t area and. .lot width .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: SW .side of .West Creek Avenue , Cutchogue ;
1000-.103-13-4 and. 5` (now. 5.1 ) . '
REASON (.S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2 ) This project has received approval from NYS Dept. of Environmental Con-
servation under 1U-bJ-.1b36.
APPEAL NO. : 3228
PROJECT NAME BERIT LALLI
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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: Garage addition with insufficient rearyard
setback .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 1405 Narrow River Road , Orient; 1000-027-03-006 . 3 .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
J
4
Southold Town Board of Appeals -4- March 17 , 1984 Special Meeting
( Environmental Declarations , continued)
2 . Subject premises is north of King Street (Hog Pond Road )
and landward of the environmental wetland areas (which are
south of King Street ) , and existing dwelling .
Vote of the Board : Ayes : Messrs . Goehringer , Gnigonis ,
Douglass and Sawicki . (Mem.ber Doyen of Fishers. Island. was absent) .
This resolution was adopted by unanimou_s._.vote of all the members
present.
FIELD ' INSPECTIONS : The board members agreed to field inspect
the following matters prior to scheduling dates for public hearings :
Appeal No. 3229 - Vincent and Angela Griffo .
Appeal No . 3227 - Eustace C. Eriksen .
OTHER REVIEWS : It was the consensus of the board that the
following matters be held temporarily in abeyance , pending field
inspections and receipt of the information noted below :
Appeal No . 3214 - HANAUER 'AND 'BAGLEY . Comments or approval from
the Suffolk County Department of Health Services .
Appeal No . 3184 - PETER 'AND 'PATRICIA LENZ. This matter has
been scheduled for_. p.ublic hearing for__.March 29 , 1984 , however ,
the secretary was ,instructed not_ to advertise same if the
board has not had an opportunity to traverse along the entire
right-of-way to get tb:_the premises in question . At the
last inspection , the right-of-way was impassable .
A. tentative inspection date was arranged for March 24th .
Y
Southold Town Board of Appeals -5- March 1984 Special Meeting
RESERVED DECISION : Appeal. No . 3174.
Upon application for PATRICIA .STEGNER, by Rudolph H. Bruer , Esq . , Main
Road , Southold , NY for a Variance to the Zoning Ordinance , Article III ,
Section 100-31 , and for approval of access , New York . Town Law Article 16 ,
Section 280 (A) [3] concerning premises having insufficient area and width
and located on the west side of a private right-of-way off the south side
of Main Bayview Road , Southold , NY ; County Tax Map Parcel ID No . 1000-
78-6-5 and 10 . 2 .
The public hearing on this matter was held on March 2 , 1984 , at
which time the hearing was declared closed pending deliberations and
receipt of the road report from Mr. J .W. Davis .
The board made the following findings and determination :
By this application , appellants seek : (a ) approval of access
pursuant to New York Town Law , Section 280-A, and (b ) approval of
a parcel of land which was contiguous to the subject private road and
which contains insufficient area and width .
In researching the history ,of this property , it is noted that
the parcel in question is vacant and has been in single and separate
ownership since prior to the town ' s change in zoning from quarter-acre
to 40 ,000 sq . ft . It is also noted that the right-of-way in question ,
indicated on the survey dated February 13 , 1984 as "No . 2 , " is and
has since prior to 1966 been used as an access road to the existing
houses and parcels in the neighborhood and is not considered to be
a building lot. The Parcel indicated as "No . 3 " contains an exist-
ing one-family seasonal dwelling and has been a single and separate
parcel quite some time before 1966 .
For the reasons stated above , and in considering the character
of the neighborhood , the board determines : (1 ) that the relief as
granted will be consistent with the precedents set by the courts
under similar circumstances , (2 ) that the character of the neigh-
borhood will not be adversely changed , (3 ) that the circumstances
are unique , and (4) that the interests of justice will be served
by allowing the variance as indicated below.
Accordingly , on motion by Mr. Sawicki , seconded by Mr. Douglass ,
it was
RESOLVED , that Appeal No . 3174 , application for PATRICIA 'STEGNER,
be and hereby is APPROVED, SUBJECT TO 'THE FOLLOWING CONDITIONS :
1 . That the right-of-way be cleared and resurfaced a minimum
width of 15 feet within the boundaries of the legal access road ;
2 . That the right-of-way be improved as follows in accordance
with #1 , supra :
(a ) Fill pot holes at intersection with Bayview Road with
a black top mix ;
(b ) Fill all the depressed areas , water-filled and others ,
Southold Town Board of Appeals -6- March 1 ! , 1984 Special Meeting
with' the same type of gravel as used in the original road (wh.ich is a
mixture of small and medium-sized gravel at 70%, with 30% sand and
loam. (Ordinary bank run would not meet those requirements . )
(c ) Grade surface smooth, after all material is in place .
Location of Property : Private Right-of-Way off the south side
of Main Bayview Road , Southold , NY; County Tax Map Parcel No . 1000-
78-6-5 .
Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goehringer
and Sawicki . Member Doyen of Fishers Island was absent. This resolu-
tion was unanimously adopted .
RESERVED DECISION : Appeal No . 3213 .
Upon application for HENRY AND DOROTHY ST . GEORGE, by Irving L .
Price , Jr. , Esq . , 828 Front Street , Greenport. , NY for a Variance to
the Zoning Ordinance , Article III , Sections 100-31 and 100-32 for
permission to construct : (a ) addition to dwelling reducing rearyard
setback , (b ) accessory garage building in .the frontyard area at
premises : 300 Marion Place , East Marion , NY; County Tax Map Parcel
No . 1000-31 -8-part of 12 . 5 .
The public hearing on this application was held on March 2 , 1984 .
The board made the following findings and determination :
By this application , appellants seek to construct : (a ) 20 ' by
30 ' addition leaving an insufficient setback from the southerly end
of the dwelling at 41 feet , and (b ) 24 ' by 30 ' accessory storage
building at the most northeasterly corner of the premises . The
premises in question contains an area of 41 ,344 sq . ft. and has a
"flag-lot" configuration , with frontage of a 25 ' right-of-way along
the northwesterly portion of the premises . Existing on the premises
is a one-family dwelling structure situated approximately 51 feet
from the northerly front property line and approximately 50 . 5 feet
from the easterly side property line . Under the circumstances , as
noted , the board is agreement with the applicants.
In considering this appeal , the board determines : (a ) that
the relief re uested is not substantial ; (b ) that the .circumstances
are unique ; V that by allowing the variance., no substantial
detriment to adjoining properties would be created ; (d) that no
adverse effects will be produ.ced on available governmental facilities
of any increased population ; (e ) that the relief requested will be
in harmony with and promote the general purposes of the zoning code ;
(f) that the interests of justice will be served by allowing the
variance , as indicated below.
Southold Town Board o ',ppeaIs -7- March 17 1984 Special 'Meeting
(Appeal. No ..' '3213 -. :KE.NRY. AND .D.O.R.OTHY .ST. GEORGE, continued : )
Accordingly, on motion by Mr. Douglass , seconded by Mr. Sawicki ,
it was
RESOLVED , that. Appeal No . 3213 , application for HENRY AND DOROTHY
ST. GEORGE for permission to construct 24 ' by 30 ' accessory storage
building and to construct 20 ' by 30 ' addition to dwelling , BE AND
HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the accessory garage be constructed not closer than
eight feet to the north property line and not closer than 10 feet
to the east .property line ;
2 . That the addition to the dwelling shall not protrude into
the westerly area (past the established deck-building line ) ;
3 . That the accessory garage building be used only for storage
purposes (not for sleeping or living quarters ) .
Location of Property : 300 Marion Place , East Marion , NY;
County Tax Map Parcel No . 1000-31 -8-part of 12 . 5.
Vote of the Board : ,Ayes : Messrs . Grigonis , Douglass , Goehringer
and Sawicki . Member Doyen of Fishers Island was absent . This resolu-
tion was unanimously adopted .
RESERVED DECISION : Appeal .No . 3209.
Upon application of 'HAR'RY 'AND MARIE 'FAGAN , 52 East Lincoln Avenue ,
Valley Stream, NY 11580 for a Variance to tKie Zoning Ordinance , Article
III , Section 100-.31 for permission to construct deck addition with
reduction in the rearyard setback from the westerly property line at
premises : 400 .Betts .Street , Cutchogue , NY; County .Tax Map Parcel No .. .
1000-110-6-9.
The public hearing concerning this application was held on
March 2 , 1984.
The board made the following findings and determination :
By this application , appellants seek permission to 'construct a
8 ' by 24 ' wooden. deck addition to dwelling which would leave a setback
from its rear (westerly) property line at its nearest point at 21 . 6 ' .
The premises in question contains .an area of 10 ,000 sq . ft. with 100-
foot frontage along. Betts. Street . The subject premises is improved
with a one-family dwelling structure which is set back approximately
Southold Town Board or /Appeals -8- March 17 _ 1984 Special Meeting
(Appeal No . 3209 - HARRY AND MARIE FAGAN', . continued : )
27 feet from Betts Street property line and 12 feet from its southerly
property line .. At the rear. of the -existing dwelling is an 8 ' by 16 '
addition with a setback of approximately 25 feet from the rear
property line , which was permitted by Appeal No . 2858 during September
1981 . The applicants intend to stay in line with the existing setback ,
however , due to the angle of .the rear property line it is not possible
for applicant to maintain the 25 ' setback. The board agrees with the
reasoning of applicants under the circumstances .
In considering this appeal , the board determines : (a ) that
the relief requested is not substantial ; (b ) that the circumstances
are unique ; (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 the zoning. code ;
(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 . 3209 , application of HARRY AND MARIE
FAGAN , for permission to construct deck .addition with an insufficient
. rearyard setback at 21 .5 feet , BE AND 'HEREBY IS 'APPROVED SUBJECT TO
THE FOLLOWING CONDITIONS :
1 . That the deck addition not be enclosed or roofed ;
2 . There be no further rearyard reductions less than that
proposed by this application (not closer than. 21 . 5 feet) .
Location of Property : 400 Betts Street , Cutchogue , NY; County
Tax Map Parcel No . 1000-110-6-9.
Vote of the Board : Ayes : Messrs . .Grigoni.s ; Douglass , Goehringer
and Sawicki . Member Doyen of Fishers Island was absent. This resolu-
tion. was unanimously adopted.
C.O.O.P.E.R.AT.I.VE. 'E.XT.EN.S.I.ON .W.O.RKS.H'O,P.:, It. wa.s. bro:u.g.ht: to th.e. board.' s.
attention that a workshop` ,w&s sche'd,uled for. ',Ap.r,il. ,_2 ; 1984 conc,er.ning
.TDR' s and Clustering at 246 Griffi,n'g__:AVe`n.ue , .R.ive_;rh.ead, .'NY
Reservation.. deadline: March 30th .
Southold Town Board of Appeals -9- March 17 , 1984 Special Meeting
DISCUSSION ON MASTER PLAN : The',board- -members voiced certain
opinions-concerning portions of the proposed Master Plan . It was
thought that 10-acre zoning was too excessive ; and that it would
require property owners to apply for variances as.-compared to
other parcels with two-acre zoning . The board did agree that more
business areas are needed to accommodate the increased number of
dwellings and families living in the township . The board members
said they would like to receive copies of the new proposed master
plan and get together with the committee ..when appropriate .
CHANGE ' INNEXT 'REGULAR 'ME.ETING: On motion by Mr . Goehri nger ,
seconded by Mr . Sawi cki . .i t was '
RESOLVED , that the date of .the next. Regular Meeting and
public hearings be changed from March 29 , 1.984 tb APRIL.. 5 , 1984 ,
commencing at_ 7 :30 p .m.__ at .the. T.own Hall , .Main Road, Southold ,
New York .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was absent . )
This-- resolution was unanimously a_dopted ,by all the. members present .
APRIL 5 , 1984 PUBLIC HEARINGS : The Secretary was authorized
and directed to advertise Notice of the following Public Hearings
scheduled for the April 5 , 1984 Regular .Meeting of- this board :
7 : 30 p .m. Recessed Hearing of JAMES Fe 'DRUCK 'III ;
7 : 35 p .m . JAMES .'A:e 'AND 'EDNA-MAE RCHRISTIE;
7 : 40 .p .m. ROBERT A. CAMPBELL ;
7 :45 p .m, LINDA 'MILL,ER FAULKNER;
7 : 50 .p .m. CAROL PLOCK;
8 : 00 p .m. GEORGE 'AND NATALIE WIESER;
8 : 05 p .m. 'ROBERT BROWN ;
8 : 10 p .m. ' 'BERIT 'LALLI ;
8 : 1 5 p .m. THOMAS R. AND.'BARBARA 'D. 'MERCIER :
(continued on next page )
Southold Town Board of Appeals -10- March 17 , 1984 Special Meeting
(April 5 , 1984 Public Hearings , continued : )
8 : 25 p .m. PETER 'AND 'PATRICIA 'LENZ;
8 : 30 p on.: 'CROSS 'SOUND 'FERRY 'SERV'ICES , INC . ;
8 : 45 p .m. . 'MARY 'GRIGONIS .
APPEAL 'NO. 3206 ':HENRY 'P .' 'SM.IT'H ;_:by Philip J . 'Of rias , Esq .
In accordance with this board ' s. request dated March 5 , 1984 ,
a plan was submitted by Attorney Ofrias _ showing proposed parking
for. the post office , laundromat , retail sales , etc . _ In review-
ing the plan , the board agreed that an on-site and interior
inspection should be made . of the premises to determine all of
the,- uses existing this date , ,. at the convenience of the applicant ,
before scheduling this m.atte_r for a public hearing . The Secretary
was authorized and directed to - send a letter to th.e attorney
advising him of same. A tentative date for inspection was made
for April 14th at 10 : 00 a .m. to be confirmed.
There being no other_ business properly coming before the board
at this time , the Chairman declared.- the_ meeting adjourned at
12 : 20 o ' clock p .m .
Res p ctfull submitted ,
Li a F . Kal ki , Secretary
Southold. Town Board of Appeals
.,Approved' Gerard P . Go/ringer
'ringer , .:•
Chairman RECEIVED AND D FIL .;1,
THE SOUTHOLD TOWL
LATE O-`f- fs HOUR /0.'l e �9rrl
Town Clerk, Town of