HomeMy WebLinkAboutZBA-03/02/1984 a
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Southold - Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
i
GERARD P. GOEHRINGER, CHAIRMAN"
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. M I N UT E S
ROBERT J. DOUGLASS REGULAR MEETING
JOSEPH H. SAWICKI
MARCH 2 , 1984
A Regular Meeting of the Southold Town Board of Appeals was
held on Friday , March 2 , 1984 at 7 : 30 o ' clock p .m. at the Southold
Town Hall , Main Road , Southold , New York .
Present were : Gerard P. Goehringer, ' Chairman ; Serge Doyen ;
Charles Grigonis , Jr. ; Robert J . Douglass and Joseph H. Sawicki .
Also present were Victor Lessard , Administrator (Building Depart-
ment ) and approximately 18 other persons in the audience at the ,
opening of the meeting .
The Chairman called the meeting to order at 7 : 30 p .m.
APPEAL NO . 3195 - FRANK SIMON and GEORGE SANBORN . A few
moments prior to the Chairman opening the public hearing on this
application , Irving L . Price , Jr . , Esq . appeared in behalf of
the applicants as attorney requesting that the application be
withdrawn without prejudice . The following action was taken :
NOW, THEREFORE, on motion by Mr . Grigonis , seconded by Mr.
Douglass ,
IT IS RESOLVED, that Appeal No . 3195 , application for FRANK
SIMON and GEORGE SANBORN (by Irving L . Price , Jr . , Esq . as
attorney) , BE AND HEREBY IS WITHDRAWN WITHOUT PREJUDICE to
reapply .
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Doyen , Douglass and Sawicki . This reso-lution was unanimously
adopted .
APPROVAL OF MINUTES : On motion by Mr. Sawicki , seconded
by Mr. Doyen ; it was
Southold Town Board oit Appeals -2 March 2 ,- 1984 Regular Meeting
RESOLVED, to approve the minutes of the following meetings as
submitted :
January 25 , 1984 Regular Meeting ,
February 1.1 , 1984 Special Meeting.
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
DATE FOR NEXT REGULAR MEETING : On motion by Mr. Douglass
seconded by Mr. Sawicki , it was
RESOLVED, that Thursday , March 29 , 1984 be and hereby is
set as the- date. for the next Regular Meeting of this board to
commence at 7;:30. o ' clock p .m. and to be held at the Southold
Town Hall , Main .Road , Southold, New York.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
PUBLIC HEARING: 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 rear-
yard setback and . (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 . (now 12 . 10 ) .
The Chairman opened the hearing at 7 :36 o ' clock p.m. and read the
legal notice of hearing in its entirety and appeal application .
MR.. CHAIRMAN : We have also,.,a letter from Williamk W. Schriever ,
concerning this property , and a copy of the County Tax Map . We
also have a copy of a survey prepared January 7 , 1983 indicating the
proposed placement of this particular extension and the approximate
placement of. the garage approximately five feet off of both lines ,
toward the north side . Mr. Price , would you like to be heard in
behalf of this application?
IRVING L . PRICE, JR. , ESQ ..: I would. Mr. Chairman . Members
of the board . I have some pictures of the front of the house as
it is erected and in back of that car is where the .garage would go ;
and this is one row of houses over east from Bay Avenue in East
Marion , so the houses that you see in the background backing up
to this house are actually the backs of the houses that are facing
on Bay Avenue . So , Mr . and. Mrs . St . George ' s house already backs
Southold Town Board or Appeals -3- March 2 , 1984 Regular Meeting
(Appeal No . 3213 - HENRY AND DOROTHY ST.GEORGE , continued : )
MR . PRICE continued : ,
up to garages, and another garage, and really as far as I ' m concerned
is the side yard of the way this lot is laid out would be completely
consistent with the general layout of other garages . That ' s as to
the garage . And as to the extension , it is wished to place that on
the south side of the house .because it ' s a natural extension of the
way the house is already laid out with the dining room and the family
room, is coming out there . And it would only be nine feet short of
the 50 feet required for a front setback , . and as far as I ' m concerned
it ' s a side setback . If you approach the house coming down this way
and here ' s the front of the house , there ' s the garage in the back .
I know there 's technicalities , but from the way I had been brought
up believe houses are built--that ' s the way you ' d come in , the side
of the house ,. and there ' s the front of the house , and that ' s the
back. Here ' s the back of these houses . It all coincides and I say
maintains the spirit of the ordinance and the character of the
neighborhood.
MR. CHAIRMAN GOEHRINGER: May I ask you a couple of questions?
MR. PRICE : You . certainly may . And that is Mr . St . George in
back if you have any questions I can ' t answer.
MR. CHAIRMAN : I was wondering how tall the garage was going to
be .
MR ST.GEORGE : It would be like a small salt box .
MR. CHAIRMAN.: So the rear of the salt box would be--
MR. ST.. GEORGE : Toward the back of the property:
MR. CHAIRMAN : That will' be a one'-story building with a little
bit of storage up . above?
MR. ST . GEORGE : Yes-with a little bit of storage up above . Yes .
MR. CHAIRMAN : And the addition would be a one-story structure?
MR. ST. GEORGE,: One-story .
MR. PRICE: With a more or less continuation of the building ,
the house ' s roof line .
MR. CHAIRMAN : What is the timeliness involved in this application--
are you ready to get started on this now or--
MR. ST. GEORGE : I ' m going into. closing on my house where I live
now on the 15th of the month and I ' ve got to .be out , you know.
MR . CHAIRMAN : Well , we had a little problem with this applica-
tion in the respect that this was the last application that we were
going to view when we were out on inspections on that very bleek
Southold Town Board oT Appeals -4- March 2 , i984 Regular Meeting
(Appeal No . 3213 - HENRY AND DOROTHY ST .GEORGE , continued : )
MR . CHAIRMAN continued :
Saturday appr.oxi.ma-tel.y:=two; Saturdays ago ; and it started raining
profusely and we decided that not all of .us have seen this parti -
cular site and we all would like to see it , so I would assume there
would be no action on your application tonight , but hopefully
within the next two or three weeks we would have a determination
for you-. Is that all right with you , Mr. St . George?
MR. ST. GEORGE : Sure . If it has to be , it has to be .
MR. PRICE : Could we keep it open? In case there is anything
I would like to add to the decision it. could be added.
MR. CHAIRMAN : The only way we could do that is if we recessed
the. hearing until the next Regular monthly meeting . Is that what you
mean?
MR. PRICE : I ' m not saying that it would , but if you came in
with obvious misconceptions , then I would want to have the oppor-
tunity to .correct it , if I could .
MR. CHAIRMAN : Oh , yes .
MR. PRICE : That ' s all I meant . That it wouldn ' t be so final
that I couldn ' t correct anything that I thought possibly was an
obvious mistake .
MR. CHAIRMAN : Oh , yes . Do you have any building plan , Mr.
St . George - excuse me for readdressing him all the time .
MR. PRICE : That ' s all right.
MR. CHAIRMAN : Do you have any building plan on the garage?
MR. ST. GEORGE : No , I only have a plan of what I showed the
builder approximately what we would like . But we ' re very flexible
about what the garage would be .
MR. CHAIRMAN : Because we would like to know the height from
the existing grade to the top of the peak on the salt box .
MR . ST. GEORGE : I would say probably no more than 12 feet
if it is that high . It would be lower than the present existing
house right now.
MR. PRICE : There ' s one additional matter I would like to
bring up to the board.
MR. CHAIRMAN : Go ahead .
MR. PRICE : This property is,.encumbered with a condition that
in the covenants and restrictions that the front of the house can ' t
Southold Town Board of Appeals -5- March 2 , 1984 Regular Meeting
(Appeal No . 3213 - HENRY 'AND DOROTHY 'ST.'GEORGE , continued : )
MR. PRICE continued : '.
be any further west than Pohlig ' s property , and that prevents us from
putting any extension out in the front so it has to be. on one of the
sides or the rear. As I said before , it ' s a natural -- dining room
and a family room to have it over on that side .
MR. CHAIRMAN : Is this what you ' re referring to--this letter .
I don ' t know if you ' re aware of that and I did want to .make you::
aware of it .
(Mr. Price read the letter from William W. Schriever received
for the record February 8, . 1984 . )
MR. PRICE : Yes . That ' s it.
MR. CHAIRMAN : Is there anybody else wishing'lto speak in behalf
of this application? Is there anyone wishing to speak against this
application? (No one ) . Hearing no further comments , I ' ll make a
motion closing the hearing subject to any .changes that might occur
when we go out on inspection as Mr. Price so noted.
MEMBER DOUGLASS: Second .
MR. CHAIRMAN : Thank you very much for coming in , gentlemen ,
and have a good night .
On motion by Mr. Goehringer, seconded by Mr.
RESOLVED , to close the hearing subject to any changes that might
occur as.:a r.esult,.of the`: boar-d ':sus:ite inspect.ion of the subject
premises .
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
PUBLIC HEARING.: Appeal No . 3210 .
Upon application of JAMES F. DRUCK III , Box 355 , Laurel , NY,
for a Variance to the Zoning Ordinance , Article III , Section 100-31 ,
Article XI , Section 100-118 , to alter and construct addition to a
nonconforming second dwelling exceeding 50% of fair market value
and leaving insufficient sideyards . Premises : 7015 Peconic Bay
Boulevard , Laurel , NY ; County Tax Map Parcel No . 1000-126-10-013 .
The Chairman opened the hearing at 7 : 45 o ' clock p.m. and read the .
legal notice of hearing in its entirety and appeal application..
MR. CHAIRMAN : We have a copy of a survey dated November 2 , 1981 ,
and a copy of the Suffolk County Tax Map indicating this and surround-
Southold Town Board oT Appeals -6- March . 2 , i984 Regular Meeting
(Appea.l No . 3210 - JAMES F. DRUCK III , continued : )
MR. CHAIRMAN continued : '
ing properties . The proposed addition is approximately 33 . 9 feet by
19 feet. Mr. Druck , would you like to be heard in behalf of this?
Mr. Druck , I- have to swear you in on this particular testimo.ny.
There are certain . reservations this board has . So would you raise
your right hand , please? Do you solemnly swear that the statements
that you are about to give us in this proceeding are the truth , the
whole truth , and nothing but the truth so help you God?
MR. .DRUCK: Yes .
MR. CHAIRMAN : What would you like to say, sir?
MR. DRUCK- Well , we . moved into the house in 1981 in the Fall ,
and our family is growing--our boys are getting older and we would
like to create more space . That ' s basically the reason behind our
proposal .
MR. CHAIRMAN : When you had purchased the property , what was
the nature -- when you said you moved in -- did you move into the
front house or the rear house?
MR. DRUCK: The rear house .
MR. CHAIRMAN : The rear house . Ok . How was that house heated
at that particular time?
MR. DRUCK: It was a gas heater in the house at that time .
MR. CHAIRMAN : Was that heat sufficient enough to heat the.
entire structure?
MR. DRUCK: . We lived there the first win.ter. Yes .
MR. CHAI.RMAN.: You did, only with that heating system?
MR . DRUCK: Yes . We moved in in November and we heated it
through the 'Winter of 1981 and the Spring of 1982 with that.
MR. CHAIRMAN : What kind of heating system do you presently
have?
MR. DRUCK: . The same .
MR. CHAIRMAN : The same heating system?
MR. DRUCK: Yes .
MR. CHAIRMAN : Is that a sophisticated system or is that
particular system just a central .system?
MR. DRUCK: Central system.
{ Southold Town Board of Appeals -7- March 2 , 1984 Regular Meeting
(Appeal No ..,3210 .- JAMES 'F. DRUCK 'III , continued : )
MR . CHAIRMAN : Is there any basement under this structure?
MR. DRUCK: No , there is not . That ' s part of our problem. There
is obviously not,-enough storage and with the sloped roof on the present
house it eliminates much of the second story living space and the bed-
rooms are extremely small .
MR . CHAIRMAN : To your knowledge , was this structure ever rented '
by the prior owners?
MR. DRUCK: Rented?
MR. CHAIRMAN : Yes . I mean , did they live in this structure or
did they live in the front structure or what have they done?
MR. DRUCK: They were seasonal people also and to my knowledge it
was rented--both houses were rented out , but what period , I do not
know. When we purchased the house , I lived Upstate New York and was
never, in the house prior to my purchasing it .
MR. CHAIRMAN : What type of C/O did you get when you purchased
the house from the Building Department? Did you receive a Certificate
of Occupancy?
MR. DRUCK: I 'm not sure if we ever did. I ' m having my lawyer
cheek"'that out. We have a private mortgage with the previous - owners ,
and that was not a stipulation when we purchased it , and I ' m not sure
that either house had a C/O at. that time .
MR. CHAIRMAN : It is usually not the nature of this board to
grant any additions as close as 1 . 69 feet to any property line . We
want to make sure that a person has access to at least a portion of
the sideyard of this structure -- in this particular case , this
particular structure , so we ' re not in favor of the fact that it ' s
a dwelling. Ok? So I ' ll refer to it as a structure , ok?
MR. DRUCK: (Nodded yes . )
MR. CHAIRMAN : So I could not see this board granting any addi -
tion that, would be.-- any closer than maybe five feet and that has
nothing to do with the existing structure . We ' re talking about
the proposed addition . Because we think it would only worsen the
sideyard at that particular point . Is this entire proposed addition
a two-story addition , extensively two.-story throughout?
MR. DRUCK: Yes .
MR. CHAIRMAN : It is . What would be the nature of the foundation
underneath that? Would there be a basement under it?
MR. DRUCK: No . No .
MR.. CHAIRMAN : It would be a slab?
Southold Town. Board or Appeals -8- March 2 , 1984 Regular Meeting
(Appeal No . 3210 - JAMES F ; DRUCK III , continued : )
MR. DRUCK: A slab. I made an intent on going back close to
the property line . I had an architect come in and look at it . It ' s
a fact that that is a southwest facing wall , and our .hope was to put
a glass wall in there to get the .maximum out for solar rad.iation . :. By
setting that back .you would .be creating a shadow .line from the exist-
ing house . And it would be kind of difficult to do . That was the
reason .we:.wer.e requesting that . to extend the existing line back from
basically in a northward direction .
MR. CHAIRMAN : When you had purchased the house , was there any
insulation in the structure?.
MR. DRUCK: Only .in the ceiling . I discovered that after I
purchased it .
MR. CHAIRMAN : Were there any storm windows on the wall at all ?
MR. DRUCK: There were some on the second story which I have
since removed and replaced those windows with more modern-type ones .
MR. CHAIRMAN : And certainly it ' s a definite improvement . The
structure is beautiful . It really is .
MR. DRUCK: Thank you . We have a sort of a unique reason why
we ended up with that particular house . I .was involved with a
company Upstate New York , and we sold and moved down'..to .this area.
In the process myself and another gentleman came down with our
families and contacted a real estate agent to look for look for
property with two houses on it , and we got a call that this was
available and we basically bought it over the telephone . I did.
see it briefly about 10 minutes before-- we were very desparate
at that point. in time to find something .
MR. CHAIRMAN : Do you think it would be. possible for you to
supply us with a copy of a C . of 0 on at least the rear structure
or- whatever you have , whatever your:-attorney can find; possibly
an affidavit from the prior property owners that this particular
structure was used as a habitable dwelling , year.round , and we can
do one of two things : we can either recess this hearing until
the next regularly scheduled meeting , or I can close the hearing .
What do you suggest (to board members ) . Close it?
MEMBER DOUGLASS : Yes .
MR. CHAIRMAN : Well , this gentleman may want to add something
else , or his attorney may want to come down and represent him--
it ' s entirely up to you at this particular point. We still have
to go through and see if there is anybody that is against this
application , but what is your feeling on this? Do you understand
that if we close the hearing , there is no additional information
except for the information I ask for that you will be allowed to
present , and :'this hearing . If I recess the hearing , you will be
allowed to add additional comments . What would you like?
Southold Town Board oT Appeals -9- March 2 , 1984 Regular Meeting
(Appeal No . 3.210 - JAMES F . DRUCK III , continued : )
MR. DRUCK: I would like to have it recessed . Thank you .
MR. CHAIRMAN : Recessed. Ok. Do you have any questions of
the board at this particular point.?
MR. DRUCK: No , I don ' t.
MR. CHAIRMAN : Well , I thank you very much . Would anybody else
like to be heard in behalf of this application? (No one ) Would
anybody like to speak against the application? (No one ) Questions
from board members? (None) Hearing no questions , I ' ll make a motion
recessing the hearing until the next regularly scheduled Regular
Meeting .
On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was
RESOLVED ,: to recess Appeal No . 3210 , matter of JAMES F. DRUCK III
until the next Regular Meeting of this board.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
MR. CHAIRMAN : Will that date be all right with you , Mr . Druck--
it appears it-will be the 29th of March .
MR. DRUCK nodded affirmatively .
PUBLIC HEARING : Appeal No . 3212 .
Upon application for PAUL D . VARTANIAN and the TOWN OF SOUTHOLD
for a Variance to the Zoning Ordinance , Article V , Section 100-51 and
Article III , Section 100-.31 , Bulk & Parking Schedule for approval of
insufficient area and width of two proposed .parcels , .and for permis-
sion to continue use of multiple-dwelling residence on proposed
Parcel "B" as exists . Premises : Whistler Avenue , Fishers Island , NY;
County Tax Map Parcel , I-D No . 1000-009-10-9.
The Chairman opened the hearing at 8 : 00 o ' clock p .m. and read the
legal notice .of hearing in its entirety and appeal application .
MR. CHAIRMAN : We have a copy of a County Tax Map, and a copy of
a map dated June 14, 1983 indicating parcel "A" with 22 ,029 sq . ft .
or . 506 acre , and parcel ''B" of .897 acre or 39, 106 sq . ft . Mr .
Tasker., would you like to be heard in behalf of the application?
ROBERT W. TASKER, ESQ. : For the record , my .::name is Rober.t'.W.-
Tasker. I ' m the Town Attorney representing the applicant which is
the Town of Southold . I believe that the application speaks for
itself. Essentially the Town of Southold has put in a bid with the
United States Government to purchase property at Fishers Island
consisting of two tracts . And this is being purchased for the
benefit and use of the Ferry District of Fishers Island. Under
the terms of . the offer to sell, the Town must buy everything that
3 1
Southold Town Board ot- App.eals -10- March 2 , 1984 Regular Meeting
(Appeal No . 3212 - TOWN.`,OF SOUTHOLD/VARTANIAN , continued : )
MR. TASKER continued :
is being offered by the Federal Government . We cannot buy that which
we wish to use . We must buy it all .' So consequently the town put in
a bid for $695.,000 to buy both tracts , one tract which is down near
the ferry terminal will be used for Ferry District purposes , parking ,
traffic and storage . The tract , the parcel which is the subject of
this application , is up on Whistler . Avenue , adjacent to the-' airfield .
It consists of a parcel of about 1 . 4 acres . It has two buildings .
Both of them are brick , very solid residential buildings . One
building is a one-family building , which the Ferry District is in-
terested in acquiring. The other building is a six—family brick
building which they have no use for. So in order to obtain the
propert e's which they .are interested in , they must buy them all .
The Town has entered into a contract with Mr. Vartanian , who
will purchase the six-family mul.ti -residence parcel for $150 ,765 .00.
The waterfront parcel , and this is rather unique , is being
purchased and the total cost of that acquisition is being donated
by many of the taxpayers and residents of Fishers Island. The
waterfront parcel , which has a value of $465 ,000 is being paid_
for by contributions by the residents of Fishers Island. I believe
that this particular application is unique .
The property by way of history was acquired by the United
States. Government in- 1908 and they had built a fort there and they
have held title to this parcel ever since . It has been used for
residential purposes for military personnel and others . So there
w ill be no change in the use of either of these parcels . There
will :be,.no;_addi.tional person=people occupying the buildings . The
buildings have municipal water and sewage systems servicing them.
The two parcels after the division will be of a size similar
to or greater in area than surrounding parcels . For all of these
reasons , we believe that the case has been demonstrated for the
grant of. area variances to permit the reduction of the area of
the multiple-dwelling unit ..
As to the parcel being retained , since it ' s in governmental
ownership , it will be used for governmen.tal purposes . It is not
subject to the zoning code of the Town of Southold in any event,
so we ' re really tal.king about the parcel to be sold by the town
to Mr. Vartanian .
And I respectfully request that this variance request be
granted . If there are any questions , I ' ll answer them.
MR. CHAIRMAN : Thank you , sir . Hopefully the questions that
will be forthcoming will be from our representative from Fishers
Is-land . So we ' ll wait and see .
MEMBER DOYEN : It is .very complete . There ' s nothing more to add.
Southold Town Board of Appeals -11 - March 2 , 1984 Regular Meeting
(Appeal No . 3212 - TOWN . OF SOUTHOLD/VARTANIAN , continued : )
MR. CHAIRMAN : Is there anybody else that would like to be heard
in behalf of this application? Anybody like to speak against the
application? Questions from board members? (None . ) Just as a
matter of statement , Mr. Tasker, as you know, this Board along with
the Town Board every summer goes over to Fishers Island and every
summer goes by these two structures , two dwellings , and we ' re
. extremely well aware of where they are , what their position is
with the town , and so on and so forth. Bearing that in mind , I
have no objection , as the chairman of this particular board con-
cerning this application , but I will ask Mr. Doyen if he would like
to offer a motion?
MEMBER DOYEN : I ' ll make that motion approving this application .
The board made the following findings and determination :
'By -this ap,plica.tion , appellant proposes a division of approxi -
mately.- 1 .4 acres o.f, .land. located_ on the north . side of Whistler Avenue.
at Fishers. I,sland .___ . The `d_ivision is a set-off of a parcel of land
containing an-. are-a of . 897 of .an acre , or 39, 106 sq . ft . with frontage
along Whistler Avenue of .approximately 312 feet , which is depicted as
Parcel "B" on survey prepared June 14 , 1983 by Chandler , Palmer and
__King ._._ . The tract shown as 'Parcel "A_" w.i,ll contain an area of . 506 of
an acre , or 22 ,029 sq . ft. with, 110` frontage along Whistler Avenue
and will be retained by the Town. of Southold for use by the Fishers
Island.. Fer'ry District . Parcel "A" is not subject to- the Town ' s
Zoning Code..
Existing on proposed Parcel "B" are a .25 ' by 25 ' accessory build-
ing and a brick six-f.am.ily dwelling , which has continuously been used
as such prior to the. enactment _of the Zoning Code . Existing on Parcel
"A" are a 20 ' by 25 ' accessory bu,i'lding and a brick one-family dwelling .
The premises are served by communal sewer and water systems .
The board members have personally visited the site in question
and are familiar with the surrounding neighborhood . The entire premises
in question are and have been owned since World War I by the United
States Government and formed a part of former Fort H . G . Wright . The
premises on the westerly side are zoned "M" Multiple Residence and are owned
the.--: Fishers Island Union. Free School District . The premises to
the south of Whistler . Avenue is zoned "B-l " Business and consists of the
Fishers Island Airfield . .
For the record it is noted that the following documents have
been filed supporting this application : (a ) Letter of Acceptance
dated December. 21 , 1983. from., the U . S . Government , General Services
Administration to the. Town ; (b) September 14 , 1983 Offer to Pur-
chase ; (c ) January 12 , 1984 Contract of Sale between the Town of
Southold and Paul D. Vartanian .
In considering this appeal , the board determines : (a ) that in
granting the relief. requested , no adverse effects will be produced on
4 `
Southold Town Board or Appeals -12- March 2 , _ 1984 Regular Meeting
(Appeal No.. 3212 - TOWN OF SOUTHOLD/VARTANIAN , continued : )
available governmental facilities of any increased population since
the uses are not to be greater in number than exists ; (b ) that the
abutting premises are also being used for multiple-dwelling purposes
and therefore the relief requested will not produce a change in the
character of the neighborhood or produce a substantial detriment to
adjoining properties ; (c ) that the difficulty cannot be obviated by
some method which might be feasible to appellant other than by the
grant of this application ; (d ) the lot area of Parcel "A" will have
55 . 07% of the requirements of the Bulk Schedule applicable to the "M
Light District and 81 . 48% of the required width ; the lot area of
Parcel "B" will have 97 . 78% of the required 40 ,000 sq . ft . applicable
to the "M" Light Multiple-Residence District , therefore the relief
requested is not substantial , especially when compared with those
parcels in the immediate neighborhood; (e ) that the circumstances
are unique ; (f) that the relief requested will be in harmony with
and promote the general purposes of zoning; and (g ) that the inter-
ests of justice will be served by granting the relief requested .
NOW, THEREFORE, on motion by Mr. Doyen , seconded by Mr. Go'ehringer ,
it is
RESOLVED , that the application for PAUL D. VARTANIAN and the
TOWN OF SOUTHOLD , BE AND HEREBY IS APPROVED AS APPLIED FOR in Appeal
No . 3212 .
Location of Property : North Side of Whistler Avenue , Fishers
Island , NY ; County Tax Map Parcel District 1000 , Section 009 , Block 10 ,
Lot 009.
Vote of the Board : Ayes : Messrs. Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted .
PUBLIC HEARING : Appeal No . 31. 74.
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 along 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 Chairman opened the hearing at 8 : 15 o ' clock p .m. and read the
legal notice of hearing in its entirety and appeal application .
MR. CHAIRMAN : We have a copy of the Suffolk County Tax Map show-
ing this property and the parcels in the immediate area . We also
Southold Town Board oT Appeals -13- March 2 , 1984. Regular Meeting
(Appeal No . 3174 - PATRICIA STEGNER, continued : )
MR . CHAIRMAN continued : )
have a copy of a survey dated April 28 , 1976 (updated March 4 , 1983 )
indicating this property of approximately 8 ,033 sq . ft. and lot
width of approximately 88. 92 feet , depth 89. 85 ..feet approximately .
Mr. Bruer.
RUDOLPH H . BRUER, ESQ . : Rudolph Bruer. Main Road , Southold ,
New York . I represent Mr. and Mrs . Stegner who purchased this
property as stated in the application in 1976 . They did so with the
idea in their minds that they 'had three separate, pieces of property.
I don ' t know if it ' s before the board , I didn ' t hear that it was
mentioned. Surveys had been prepared showing the three pieces of
property that they purchased ._ (Mr. Bruer submitted copies of an
updated November 22 , 1983 survey - prepared by R. VanTuyl , P . C . )
As you can see , the property in question where they would like
to build is on a canal . They do have a residence which is across a
private road as you can see on the map , and is owned by Mr. Stegner .
The road is owned by both of them , and I believe the property here
is owned by Patricia Stegner.
What we would like to do basically is to make the road and the
property that we would like to build on into one lot , and to increase
the square footage of the subject premises . To document the fact
that at the t:i:me they purchased the property , I submit here deeds
that conveyed the three pieces of property to them as separate
parcels . The problem that arose is that the grantor of this property
purchased the property on three separate occasions but . took the
property in one name as a husband and wife , Thomas and Virginia
Rolleston. They purchased the property , the piece where there is
presently a house located , on ' that survey , back in 1966 as you can
see by this deed. They purchased the lot across the street with
is the subject of this application in 1970 , and they got the road
from Julius Zebroski also in 1970 but at a different date .
So this is mostly to substantiate the fact that when they pur-
chased it and up until they went for a building permit , they
honestly believed they had three separate lots and had the ability
to be able to build on it As a matter of fact , at the time of
purchase and Iguess since the time of the acquisition , they do
get three separate tax bills ; one for the road , one for the house
and one for the lot .
As the application states , the Health Department has approved
the location of the well . I have a copy of .their map showing the
pool and the well location. Also you have before yo.0 the D. E. C .
approval . Granted , there ' s no question about it--it ' s a very small
lot . But it fits in with the neighborhood .
The pr.operty as it is used now is bulkheaded and in the summer
they do keep their boat there , but they find that , Number One , it
is quite inconvenient because it is across a road , and they also
find from their own experiences and from. complaints from the neighbors
4
Southold Town Board of Appeals - 14- March 2 , 1984 Regular Meeting
(Appeal No . 3174 ..PATR.ICIA' .STE..GN'ER, 'con.tinued.: )
MR. ' BRUER continued :
that the area where the building is proposed has a tendency to be
used as a park--people come- there using it in the evenings , or
trespassers when. people are not around__, particularly in -the
non-summer periods . We feel that this. would , by having a building
there which would eliminate, that problem and eliminate an area that
is in a sense a bit of a nuisance , to the adjoining landowners .
I believe based on the papers submitted there that you will
agree that there is no problem of th,e public , health , safety or
welfare created by this . To the contrary the Health Department
has acquiesed in it as well as the D. E. C .
Again , to deny the application you really will be creating
a hardship for these people because they will not be able to use
the property , a practical., difficulty, for the purpose for which
they originally bought it . They bought it with the idea -as time
went on , when they got some money , they would be able to put a
house that they want on this particular lot .
Again , they-,-Would be:,yery :happy to make the road part of the
lot , also."ADcr. easing the size of it . And I think this is a situa-
tion where it ' s unique , not found by other properties in the area .
The property is cut down based upon the way the canal was cut out.
We also happen to have a fresh spring there which eats away at that
area , making it much smaller than say the property to the north and
a little bit to the south . If you look at the overall tax map of
the area , youl'.11 see that most of the houses on the properties to
the south are substantially of the same size , maybe a little bit
bigger , and I think this would be helpful to the community and the
neighborhood.
I have here., . .if the board would like to see it , pictures of
the subject property .
MR . CHAIRMAN : Mr. Bruer , do you know the approximately square
footage of the road?
MR. BRUER: Just: by _'doing,;a..;calculation , .. it ' s 50 ' wide .
MR. CHAIRMAN : , I can figure it--
MR . BRUER ; You ' ll notice that from these pictures , that the
area that is used is only 15 feet , and if I may point out to you ,
where the proposed well would be , there is plenty of property in
the road . The road consists of all this grass area here plus way
over here (referring to pictures ).. . And there is plenty of area. here
where to . place the well . It ' s 370 ' long by 50 ' wide .
MR. CHAIRMAN : Do you have any idea how large of a house they
plan to build on this property?
4
Southold Town Board of Appeals -15- March 2 , 1984 Regular Meeting
(Appeal No . 3174 = PATR.ICIA '.STE.GNER, 'continued :. ) .
MR . BRUER : They are here .
MR. STEGNER: Eleven-hundred square feet.
MR . BRUER; This is Mr. and Mrs . Stegner here . It would be
1 , 100 sq . ft ., By the way , - here ' s. another .picture showing across
the way and the _houses next door.
MR. CHAIRMAN : Mr. Lessard asked me , he said of course , the
remaining property owners going out to Bayview Road having a
right-of-way over the same parcel , is that correct?
MR. BRUER: Of course , yes . It services the property to the
south of us--there ' s no que_st_ion about it .
MR. CHAIRMAN : The reason why I asked the question about the
size of the house normally means would they be: xeturning for a
variance for a side or rear, or frontyard , in the near future?
MR. STEGNER: The only problem--if we were allowed to use a
portion of the road that is not used--let ' s say , 35 ' of it , it
shouldn' t be a problem.
MR. CHAIRMAN : The other thing , what ' s your timeliness involved
in this? Are ,you starting construction this spring assuming that
this application was granted? We have asked our town engineer , Mr .
Davis ; to go down and inspect the road and he has not gotten back to
US . I really hope that he didn ' t get stuck down there because we
sent him down there on the worst day of the year , which was last
Tuesday .
MRS. STEGNER : And oh was it raining .
MR . BRUER: They were.-.there . Was he there?
MR. CHAIRMAN : At the same time we went down there with Mr.
Lessard ' s car and we didn ' t want any lack of repour , so therefore
we didn ' t venture over the road that very poor day that we were
referring to with Mr. Price before . So there is going to be a
little time involved here in finding out what Mr . Davis would
require in his opinion . As you know, we don' t nece.ss,arily take
his opinion all the time . We have modified his opinion . So there
will be some time involved_:here .
MR. BRUER: I would be happy to leave the pictures during
the term of the board ' s determination here-for a period of time
until you make up your mind , if it might be useful .
MR . CHAIRMAN : Yes . Ok . I guess what we would do , after
we go through the group of people here and see if anybody Is.-here
either pro or con concerning this , is close the hearing pending
a receipt of an evaluation from Mr. Davis . And he is usually very
Southold Town Board of Appeals -16-A March 2 , 1984 Regular Meeting
(Appeal No . 3174 - PATRICIA STEGNER, continued : )
MR. CHAIRMAN continued :
prompt . An.d as I said , at this time of the year , sometimes people
go on vacations and so on , so it may be a little while before we
get to it . .
MR. BRUER; All right .
MR . STEGNER: Just to mention one thing-.-there is no yearround
residents off that road , and that if it snows or something , it won ' t
be plowed because there ' s no one living there . There ' s no one using
the road.
MR . CHAIRMAN : What we ' re primarily interested in , Mr. Stegner. ,
- is support services like fire vehicles so that they would not be
stuck if there was a fire down there--so the road would have to
support them minimally. .
MR: BRUER: They ' re aware of your preliminary requirements
with respect to roads .
MR . CHAIRMAN : All right. Does anybo.dy else have any questions
of Mr. Bruer? Mr. Douglass? Anybody? (None ) Did you want some of
these back?
MR. BRUER: Leave it here for the file if you-..want..
MR.. CHAIRMAN : I think you gave me copies df that . Oh , no--
that was the original . . Ok. No , I don ' t have a Health Department
stamped copy.
MR . BRUER:. I don ' t have an extra one . It must be in my file .
I ' ll make a. photoc.opy for you , in anyone wants to see it.
MR. CHAIRMAN : Wonderful . Is there anything else you would
like to say ,. Mr. Bruer?
MR . BRUER: No , I thinks that ' s it. Unless there are other
questions from the board. Thank you for hearing us .
MR. CHAIRMAN : Is there anyone else that would like to be heard
in behalf of this application? Anybody wishing to speak against
the application? (No one ) . Being no further questions , I ' ll make
a motion closing the hearing and reserving decision until we get an
evaluation of the roads , which is the 280-A, subsection 3 , part of
this application , from Mr . Davis .
MEMBER GRIGONIS: Second .
On motion by .Mr. Goehringer , seconded by Mr. Grigonis , it was
RESOLVED, to close the hearing and reserve decision pending
receipt of a road ev.aluation . report from Mr . Davis .
Southold Town Board of Appeals -16-6 March 2 , 1984 Regular Meeting
(Appeal No . 3174 - PATRICIA STEGNER, continued : )
Vote .of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted .
PUBLIC HEARING : Appeal No . 3209 .
Upon application of HARRY 'AND MARIE FAGAN , 52 East Lincoln Ave-
nue , Valley Stream , NY 11580 for a Variance to the 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 Chairman opened the hearing at 8: 35 o ' clock p .m. and read the
legal notice of hearing in its entirety and appeal application .
MR. CHAIRMAN : We have a copy of the . Suffolk County Tax Map and
sketch with a deck addition shown on a survey , however it does not
show the limitation of the rearyard.
HARRY . FAGAN : Mr. Chairman , my wife and I have nothing to add
to the application .
MR . CHAIRMAN : Can you tell me what the approximatele distance
would be from the deck and the rear of the property?
. MR. FAGAN : I ' m sorry I don ' t .
MR. CHAIRMAN : Would you measure it for us--go out and take a
nine-foot distance from the end of the building and go out to the
point where you feel the rear property line is., from the point of
the cor.her of the deck , and tell us exactly what that would be?
MR. FAGAN : Sure .
MR. CHAIRMAN : You could let us .know next week some time .
Just reiterating this particular addition will be an open deck and
will never be enclosed?
MR. FAGAN : Right .
MR. CHAIRMAN : You have no objection to our putting that
restriction on .this deck?
MR. FAGAN : No objection .
MR. CHAIRMAN : I hope that you will have no objection to our
putting a restriction on it that there will be no further . rearyard
_ reductions , because we ' re getting rather limited now in .the: rear
yard as you know.
MR . FAGAN : That ' s it .
Southold Town Board of Appeals -17- March 2 , 1984 Regular Meeting
(Appeal No . 3209 - 'HARRY''AND 'MARIE FAGAN , continued : )
MR . CHAIRMAN : But we never know with subsequent owners though ,
and that ' s the reason we put that restriction .
MR. FAGAN : I_:don ' t know if anyone else would be able to do
anything there .
MR. CHAIRMAN : Right . Is there anybody else that would like to
be heard-- thank you , Mr. Fagan . Anybody wishing,:to::speak:. agai.nst
this application? Board members? (Nothing ) . Hearing no further
questions , I ' ll make a motion closing the hearing pending receipt of
the figures that . Mr.. Fagan will be submitting .
On motion by Mr. Goehringer , seconded by Mr. Douglass , it was
RESOLVED, to close the hearing pending receipt of the figures
as to the rearyard setback at its closest point from the corner of
the proposed deck addition ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
PUBLIC HEARING : Appeal No . 3193.
Upon application for FRANCES D . EPP , Birch Road , Southold , NY
for a Variance to the Zoning Ordinance , Article III , Section 100-31
for approval of insufficient area in the proposed set-off of lot
located at the corner of Maple and Pine Roads , Southold , NY; County
Tax Map Parcel ID No . 1000-54-9-part of 18.
The Chairman opened the hearing at 8 : 40 o ' clock p .m. and read the
legal notice of hearing in its entirety and appeal application .
MR. CHAIRMAN :. We have a copy of the Suffolk County Tax Map
showing thi.s. property and the surrounding area . We also have a copy
of the original Wesland Subdivision Map indicating the lot.. in ques-
tion , #108 , #109 , #110 , #111 , to be set off. Would anybody like to
be heard in behalf of this application?
CARLISLE COCHRAN ,, JR. : The application speaks for itself.
MR°. . CHAIRMAN : Mrs . Epp , may I ask you a question?
MRS . EPP : Yes .
MR. CHAIRMAN : What do you intend to do with the remaining lot?
Are you going to come back to this board for another subdivision in
years to come?
MRS . EPP : Well , it remains to be seen what happens with this
one . Mr. Cochran ' s family has been so nice to me through the years
Southold Town Board of Appeals -18- March 2 , 1984 Regular Meeting
(Appeal No . 3193 - FRANCES D. EPP , continued : )
MRS . EPP continued :
and to my husband when he was aliveand I just thought .it was the
nicest thing to do .. and it ' s the opposite corner from my house and
he ' s even going to build it if it gets this approval at the same
angle as my house so that it would look very nice in the block .
MR. CHAIRMAN : The reason-.:why I ask you that question . is it
has been the nature of this board when we grant undersized lots
in a subdivision , because as you know there is two-acre zoning at
this particular ,, time , to put restrictions on both parcels that they
no longer be subdivided--no further subdivision . Do you have any
objection to that particular restriction?
MRS. EPP::. : I guess not.
MR . CHAIRMAN : Ok. Do you have any objection , Mr . Cochran?
MR. COCHRAN : No , I do not .
MR . .CHAIRMAN : All right . Is there anybody else that would
like to:_ be..heard in behalf of this application? Anybody like to
speak against the application? Any questions from board members?
(None ) Hearing no further questions , I ' ll make a motion approving
this application bearing in mind that both lots -- that there be
no further lot reductions on either lot , no further subdivision .
MEMBER SAWICKI : Second,.
The board made the following findings and determination :
By this appeal , applicant seeks to set-off a 26 ,200 sq . ft . parcel
of vacant land in this . block of property situated between Chestnut Road ,
Birch Road , Pine Road and Maple Road , as shown on a copy of an original
Map of "Wesland Subdivision " which was prepared prior to the enactment of
zoning . The entire Ipremises is owned by Frances D. Epp , who plans to
retain the remaining po.rtion of this block containing approximately
48 ,000 sq . ft . in area with an existing one-family dwelling. The parcel
to be set-off is depicted on the Wesland Map as 108 , 1093 110 , and 110 ,
with 200-foot frontage along Maple Road .
The board members are famiplA,;ar .wi tf .othe property in. question and
with .the surrounding neighborhood . The character of the entire neigh-
borhood is lots substantially smaller than that proposed and therefore
under the circumstances lends itself to the practical difficulties to
the applicant. A majority of the surrounding parcels has been improved
with one-family dwellings .
In .cons.idering this appeal , the board determines : (1 ) that the
practical difficulties are sufficient to warrant the . granting of this
application ; (2 ) that the relief as requested is not substantial in
relation to that generally existing in the neighborhood ; (3 ) that the
�` circumstances are unique ; . (4 ) that the relief will be in harmony with
L M1 +
Southold Town Board of Appeals -19- March 2 , 1984 Regular Meeting
(Appeal No . 3193 - FRANCES D . EPP , continued : )
and promote the general purposes of zoning of the protection and
promotion of the public health , safety and welfare ; ( 5 ) that the
interests of justic.e would be served by allowing the variance applied
for since there will be no adverse changes to the immediate vicinity
of the premises .
Now, therefore , on motion by Mr. Goehringer , seconded by Mr.
Sawicki ., it was
RESOLVED , that Appeal No . 3193 , application for FRANCES D . EPP
for approval of insufficient area as applied for , BE AND HEREBY IS
APPROVED SUBJECT TO THE FOLLOWING CONDITION :
That there be no further lot area reduction (or not further
subdivided ) .
Location of Property : Corner of Maple and Pine Roads , Southold ,
NY ; County Tax Map Parcel ID No . 1000-54-9-part of 18 .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
Informal discussion : The Chairman and the board members
discussed the feasibility' of computerizing actions of the Zoning
Board of Appeals together with the Planning and Building Depart-
ments . All actions of the ZBA "go with the land" unless other
wise indicated , and all actions and files prior to 1978 were
indexed under the "prior" property owners names--not by property
location or County Tax Map number . The Planning Board is also
having a problem in identifying the histories of certain parcels
and its prior actions . Presently every application that is filed
is researched by the ZBA secretary together_.wi-th-.:a . "-chain of
title " search of former owners to determine prior variances , etc .
Further research is done by,.-the secretary with the Planning
Board , Building Department and Assessors ' files . The board
agreed that even a micro-computer could save an enormous amount
of time and duplication and triplication of research by other
personnel in other departments , par.ticul.arly iif data-processed
under the property identification numbers (rather than by
property owners ' names or file numbers ) . The board authorized
further studies in this area .
Southold Town Board of Appeals -20- March 2 , 1984 Regular Meeting
PUBLIC HEARING: Appeal No . 3170 . DANIEL SHELLEY :
Upon application for DANIEL SHELLEY , by Gary Flanne.r Olsen , Esq . ,
Main Road , Mattituck , NY for a Variance for approval of access , New
York Town Law, Section 280-a , and a Variance to the Zoning Ordinance ,
Article III , Section 100-31 for approval of insufficient area of one
parcel in this proposed two-lot division located on a private right-
of-way off the north side of Oregon Road , Cutchgoue , NY ; County Tax
Map Parcel No . 1000-83-2-4 .
The Chairman opened the hearing at 8 : 43 o ' clock p .m. and read
the legal notice of hearing in 'its entirety and appeal application .
MR. CHAIRMAN (GOEHRINGER) : We have a copy of the Suffolk County
Tax Map and a copy of the map amended October 18 , 1982 indicating
the right-of-way of some .3 ,078 .08 feet to a- jog in the road of
approximately 100 feet to the subject premises . Lot No. 1 of the
area of 1 . 766 . acres and Lot No . 2 , 2 . 106 acres . Mr. Olsen , would
you like to be heard in behalf of this application?
GARY FLANKER OLSEN, ESQ . : Yes , for the record , my name is
Gary Olsen. , an attorney having offices at Main, Road , Mattituck . I ' m
representing the Estate of Daniel Shelley. In taking the average of
the north line and the south line of Parcel #1 and multiplying it
by the average of the easterly and westerly sides of Parcel #1 , it
appears that the Parcel #1 has an area of about 83 ,000 square feet.
In doing the same type of mathmatical computation on Lot #2 , the
area is about 98 ,000 square feet. So it would appear that these
parcels do meet the town requirements as far as area . If you
take a look at the tax map , you can see that the surrounding
parcels in the area would be generally the same size and shape
as the parcels to be created. Simultaneously with this applica-
tion , I have an application pending before the Southold Town
Planning Board. Also , I sent your office a copy of the decision
that was granted to a Murray Klapper , or Constance Klapper , or
owns property to the east that contains access to her property
over the same right-of-way and an access variance to Section 280-A
of the Town Law was granted, Appeal No . 2232 back on December 6 ,
1976 . Also there is a letter from Howard Terry dated June 14 ,
1977 , who was then the Building Inspector of the Town of Southold
who indicated that the road meets the requirements set by the
Southold Town Board c , Appeals -21 - March 2 , . -.-4 Regular Meeting
(Appeal No . 3170 - DANIEL SHELLEY, continued; )
Board of Appeals for access to private dwellings and meets the intent
of Section 280A of. the Town Law.
Also ,- I do have , I ' ve submitted an application to the Department
of Environmental Conservation and have a favorable decision and
permit , Permit No . 10-83-0145 , approving the subdivision.
As I indicated in the application , this is a waterfront piece
of property. The house that ' s presently on the property has been
there for a long time . I believe the house predates the zoning
ordinance . It ' s far to the east of the property and this is .a natural
setoff of one piece from another . It ',s not going to v.ioLate the intent
of the present zoning rules and regulations and the only access this
piece has is via right-of-way . I wouLd . be willing to answer any questions
you man have, if. I can.
MR . CHAIRMAN (GOEHRINGER) After examining the parcels we . have no basic
- objection to the division . We do however, feel. that a very minimum amount
of improvements and I use that term -- very minimum -- in certain areas,
we did not ask for an evaluation from the Town ,Engineer. We rode. over the
entire right-of-wa-y and pending the nature of any decision would be mini -
mum imorovements to the right-of-way . And, .again, based upon the time
of the year and probably the worst conditions the right-of-way will freeze
up . Thank you very much . Is there anybody else who would Like to be
heard on behalf of this application.? Anybody like to speak against the
appLi.cation? Hearing no further comments, I make a moti.on closing the
hearing, reserving decision until Later. Motion was -made by Mr, Goehringer,
Aseconded by Mr. Griggnis, and duly carried to ..close the hearing.'. Vote of the Board:es• es rs G ehrin a i
-=-- - --=-�-- 9_��_9x_►��_L�_9.2l��a�9l�91a.�s_�►ld_.���►ic
NORTH FORK BAPTIST -CHURCH, County Road 48, Mattituck, New York
Appeal #3218 : Hearing was opened at 8:52 p.m. , legal notice read in its entirety.
MR . CHAIRMAN (GOEHRINGER) : I have three Letters of objection and a
group of fourteen names of people who had written Letters of objection
on this statement, indicating objection to this change. Mr. Horton,
would you Like to be heard?
MR . HORTON: We, our reasons are stated in there. The place we are asking
to locate this house is. reasonably sized as to the rest- the Lots in the
area, and the setbacks would conform with no , problem at _aLL, until the
advent of two acre zoning . Also, one thing I don ' t know if it ' s mentioned
in there, . if we are given permission to move the house, we would destroy
the existing foundation, where the other house, so we would never come
back and ask to rebuild that .
MR . CHAIRMAN (GOEHRINGER) I forgot to ask you in the Last hearing, be-
cause, of course., - you .were placing this one over the top of the other
one, what were you going to do with that structure, assuming this is
granted?
MR . HORTON : It will be bulldozed away and taken away.
Southold Town Board oT Appeals -22- March 2 , iyzs4 Regular Meeting
(Appeal #3218 - NORTH . FOR.K BAPTIST CHURCH , continued)
MR . CHAIRMAN (GOEHRINGER) Is there any reason you sought that Lo-
cation as opposed to any other?
MR . HORTON : It was wooded and off the side of the property . We had
approached the . Town Planning Board for a subdivision a few months ago,
which again, we got hit with this two acre zoning thing, and we backed
off that and we saw the property . and said, gee, it would be a nice
Location for the pastor, who has a . Location in the back of the church
in the woods, and we figured we could separate them from the church
faciLities proper . It is a nice Looking piece of property . Thank you.
MR . CHAIRMAN (GOEHRINGER) : Okay, I thank you . Is there anybody else
who would like to be heard on behalf of this application? Anybody
Like to speak against the application? Questions from Board Members?
We haven ' t discussed this, so I am going to have to close the hearing .
MR . HORTON : Could you tell us what your objections were?
MR . CHAIRMAN (GOEHRINGER) : WeLL, ever since .we had the windmill appLi -
cation, Mr. Horton, which was out in East Marion, we had about 200
objections, which would have taken 2 hours to .read, we have gotten
counsel and we are not reading objections anymore, we are placing them
in the file and telling people that they are there and they are welcome
to read them . I 'would be very happy, once I close this hearing to
give you the file and let you read them . I don ' t want to destroy pre-
cedence here . Is there anybody else who would Like to say anything
else concerning this application? Hearing no further comments, I make
a motion closing this hearing, reserving decision until Later .
----------------------------------------------------------------------
On motion by Mr. Goehringer , 'seconded. 'by Mr,. Dou.g.lass , it wa.s
RESOLVED, to declare the hearing closed pen•di'ng d,e.l.i ber..a.ti.ons
in the Matter of Appeal No . 3218, for the '.NORTH. '.FORK BAPTIST. CHURCH.
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,. Grigo.nis ,
Douglass and Sawicki .
This resolution was adopted by unanimous. vote of .a.11 the memb.er's .
Southold Town Board of Appeals --_237-_ March 2 , lvd4 Regular Meeting
RESERVED DECISION : Appeal No . 3204.
Upon application of DOUGLAS CASTOLDI , 855 Eugene ' s Road , Cutchogue ,
NY for a Variance to the Zoning Or finance , Article VI , Section 100-61 ,
Bulk Schedule for permission to construct addition to restaurant leaving
an insufficient frontyard setback on Kenney ' s Road and North Sea Drive ,
Southold , NY ; County Tax Map Parcel No . 1000-54-5-22 (Beachwood Cafe ) .
The public hearing on this matter was held on January 25 , 1984 , at
which time the hearing was closed after receiving testimony .
The board made the following findings and determination :
By this appeal , appellant seeks to construct : (a ) a 12 ' by 35 . 5 '
addition along the westerly side of the existing restaurant leaving an
insufficient setback at its nearest point from Kenney ' s Road property
line approximately 14 feet ; and (b ) a 7 . 5 ' by 8 ' vestibule which
would leave an insufficient setback from North Sea Drive at 22 . 8
feet . The entrance of the restaurant is off of North Sea Drive and
also contains a wooden walkway at ground level which is set back
22 . 8 feet from North Sea Drive. For the record it is noted that the
restaurant has been in existence since prior to the enactment of the
zoning code (1957 ) . Also , the westerly-side addition is proposed
for additional seating and is to be a greenhouse-type construction .
It is the opinion of the board that the variance be granted
with the restrictions that the westerly-side addition not extend
further than 10 ' to the west (rather than the 12 ' proposed ) leaving
a setback of approximately 16 ' at its nearest point with Kenney ' s
Road , and that a barrier be erected along the west side to the front
of the building to help prevent accidents into this glass construction .
In considering this appeal , the board determines : (1 ) that the
practical difficulties are sufficient to warrant the granting of
this application ; (2 ) that the relief as requested is not substantial
in relation to that generally existing in the neighborhood ; . (3 ) that.
the circumstances are unique in that the parcel in question is a
corner lot; (4 ) that the relief will be in harmony with and promote
the general purposes of zoning of the protection and promotion of the
public health , safety and welfare ; (5 ) that the interests of justice
would be served by allowing the variance applied for since there will
be no adverse changes affecting the vicinity of this project.
Now , therefore , on motion by Mr. Goehringer , seconded by Mr.
Grigonis , it was
RESOLVED , that Appeal No . 3204 , 'application of DOUGLAS 'CASTOLDI ,
Southold. Town .Board.,-.. . Appeals -24- March 2 , . 984 Regular Meeting
(Appeal No . 3204 _ DOUGLAS CAST,OLDI., continued : )
be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That .the westerly addition not extend more than 10 feet to
the west (rather than the 12 ' as proposed) ;
2 . That a barrier be erected from the rear of the building along
the property line of . Kenn'ey ' s Road to the front of. the building (to
prevent possible accidents into the glass construction ) .
Location of Property : Kenney' s Road and North Sea Drive ,
Southold , NY; County Tax Map Parcel No . 1000-54-5-22 .(Beachwood Cafe ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
RESERVED DECISION : Appeal No . 3170.
Upon application for.'DANIEL SHELLEY , by Gary Flanner Olsen , Esq . ,
Main Road , Mattituck , 'NY for a ar.iance for approval of 'access , New
York Town Law, Section 280 (A)., and a Variance to the Zoning Ordinance ,
Article III , Section 100-31 , for approval of insufficient area of one
parcel in this proposed two-lot division located on a private right-
of-way off the north side of Oregon Road ,. Cutchogue , NY; County Tax
Map Parcel No . 1000-83-2-4.
The public hearing on this matter was held earlier this evening ,
at which time the hearing was declared closed after .receiving testi
mony pending deliberations .
The board made the following . findings and determination :
By this appeal , appellant seeks : . (a ) approval of access over
an existing , traveled right-of-way as indicated on the January 26 , 1984
survey prepared by,. Young. & Young .having a length commencing at a
point at the north side of _Oregon Road 370.8. 08 feet to he southerly
line of land now or forme_r1y of Klapper , ' thence wester'ly 100 ' to the
premises. in question ; and _ (b) approval of two proposed .lots from
the requirements of the Bulk Schedule .
In researching' the history of the .parcel and right-of-way in
question , a variance for approval. of access was granted over this
same right-of-.way for a width of. 15 feet on December 22 , 1976 under
Appeal No.. 2232 to premises now or formerly of C. Klapper , County Tax
Map District 1000 , Section 83 , Block 2 , Lots 5 and 6 . On June 14,
1977 , the Building Department accepted the improvements to the
right-of-way in accordance with the prior decision of the Z. B.A.
The August 30 , 1983 Notice of Disapproval from the Building Inspector
has further required an "updated review under New York Town Law.
since the right-of-way is in need of minor repairs .and has also
determined that variances from the bulk schedule are required .
Southold Town Board c Appeals. =2.5-March 2 , 1 Regular Meeting
(Appeal No . 3170 - DANIEL SHELLEY , continued : )
In reviewing the survey :submitted with the appl-ication , the
board finds that . Lot 1 would contain an area of 1 . 766 sq . ft. or
a minimum of 80 ,.000 sq. ft.... with 187 . 57 ' lot width , and Lot 2 would
contain an area of 2 . 106 acres , which is more than the required
80 ,OOO sq . ft . and 187 . 0 ' lot width . The survey shows an existing
dwelling set back 209.8 ' from the southeasterly property line ,
approximately 184 feet from the proposed right-of-way within the
subdivision boundaries , and having more than the required rear
and side yard setbacks . There appears to be compliance with
the list of requirements under the bulk schedule and therefore
variances from same in the board ' s opinion are not necessary. under
the circumstances .
For the record it is noted that Local Law 7-1983 was
passed May 20 , 1983 requiring a minimum lot width of 270 feet;
however Local Law 9-1983 was adopted and made effective August 16 ,
1983 which amended the lot width requirement to 175 feet.
The board members have visited the .right-of-way in question
and find the right-of-way to be in good condition requiring only
minor improvements .
Accordingly, on motion by Mr. Douglass , seconded by Mr. Sawicki ,
it was
RESOLVED , that the application for DANIEL SHELLEY for
approval . of access , Appeal No . 3170 , be and hereby 'IS APPROVED
SUBJECT. TO 'THE 'FOLLOW.ING 'REQUIREME.NTS :
That the potholes and ruts be filled and that the right-of-way
be regraded its entire length and improved with 20% stone concentra-
tion and 80% sand-loam mixture . at.,a minimum width of 15 feet.
Location of Property : Right-of-Way off the north side of
Oregon Road , Cutchogue , 'NY; County Tax Map Parcel No . 1000-83-2-4.
Vote of the Board.: Ayes : Messrs.. Douglass , Doyen , Grigonis
and Sawicki . Chairman Goehringer abstained. This resolution was
adopted by majority vote .
J,
c4'
Southold Town Board of Appeals -26- March 2 , r984 Regular Meeting
RECENT APPLICATION : Appeal No . 3222 - JOHN WICKHAM, et al .
Variance application for permission to use premises zoned "B-Light
Business " at Main Road and Albertson Lane , Greenport , NY , as a
marine contractor office and storage and repair of contractor ' s
vehicles and equipment . In briefly reviewing the site plan filed
today concerning this project , the board asked that the applicant
and/or his attorney submit a statement certifying the activities
and uses to be conducted on this parcel and within each building
and the extent thereof , and that an application be made and
comments received from the Southold Town Planning Board in accord-
ance with Article VI , Section 100-60 (A) for site plan approval .
On motion by Mr . Douglass , seconded by Mr. Goehringer , it was
RESOLVED, that Appeal No . 3222 , application for JOHN WICKHAM
be and hereby is scheduled for public hearing to be held at the
next Regular Meeting of the board provided that a statement
certifying the activities and uses to be conducted on this parcel
and the extent thereof , and comments from the Southold Town
Planning Board concerning the site plan [Article VI, Section
100-60 (A) ] be received by our office prior to submission of
our legal notice for the newspapers concerning hearings to be
held at the , next Regular Meeting (tentatively March 29 , 1984) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was unanimously adopted.
PUBLIC 'HEAR.INGS. '.FOR. NEXT RE.GULAR 'ME.ETING: On motion
by Mr .u6oug aT- ss,- secon e y .Mr., Goe ringe t was
RESOLVED , .that - the following matters be and hereby are
scheduled for '.PUBLIC 'HEARIN_GS to _be held at the next Regular Meeting
of this Board , tentative.l.y . set . for March 29, 1984 commencing - at
7 : 30 .p .m. and that the 'Secretary is ' author ized and directed to
pub i sh noti ce of .same pu_rs-uan.t to. l aw .i.n, t_h_e local _and .offi ci al
newspapers of .the town accordingly :._
Appeal No. 3210 - James F. Dru.ck III
Appea-1 No . 3208 - -James A. 'and Edna-Mae Christis (if .Planning
Board comments are received *by advertising date ) ;
Appeal No . 3224 - Robert A. Campbell ;
Appeal No . 3192 - Linda Mi11er Faulkner;
Appeal No . 3176 -Carol P1ock;
Appeal No . 3224 -- George and Natalie Wieser;
Appeal No. ' 3221 - -Robert Brown;
Appeal No . ' 3223. Thomas .RJ . and Barbara D. Mercier ;
(continued on next page )-
Southold Town Board _ . Appeals -27- March 2 , 19 Regular Meeting
(Set-Ups continued : )
Appeal No . 3184 - Peter and Patricia Lenz , provided DEC approval
or letter of nonjurisdiction is received prior to advertising ) ;
Appeal No. 3219 - Cross Sound Ferry Services , Inc . , provided
DEC comments are received prior to advertising ;
Appeal. No . 3211 - Mary Gri-gonis , provided Planning Board
comments are received prior to advertising.._.
Vote of the- Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This_ resolution .was adopted by unanimous vote
of all the members .
NEW APPLICATION : Appeal No . 3225 : ' JOSE. Ve 'RODRI.GUEZ.. The
documents in this file were reviewed and it ' was the_. conse_n-sus of .
the board that thi.,s matter be held temporarily in abeyance pending
comments from the P1 anni'ng Board_- being_ that _this ,premises i s
located in the B-1.. General Busi-ness Zoning District.,requiring
their perusal . The-._ board.. also asked that.. research be done con-
cerning an ..existi'ng Certificate of .Occupancy ; if any , and the .-
existing building (s ) . and: ;its use.(s ) .
NEW APPLICATION : Appeal No . 3206 = 'HENRY 'Pe 'SMITH . In
reviewing the. file in this matter , it was the .co_nsens_us .of ,the
board to request an off-.street-parking plan for each of .t_he
multiple uses on this .property under .consideration prior to
scheduling this matter for public hearing in order that it may
be ascertained by the Pla-nning Board that this project will be
within those requirements of .Section 100-.134 and p_arking ..-_
NEW APPLICATION : Appeal No . '3220 = 'GEOR.GE Rs ..TUTHILL . In
reviewing the-. file of ,thi_.s' proposed di vi_.s ion o_f la-nd.' it _was the
consensus of the board that this matter be referred to the Planning
Board for their comments concerning the l'ayou_,t and other ele.ments
of the "subdivision . "
NEW APPLICATION : Appeal No . 3222 .= JOHN 'WICKHAM, et al .
In reviewing. this file , it wa_s the consensus of- ,the _board that
this project will re-quire review and approvals from the Planning
Board in several areas , and the Secret„ary was instructed. to send
a letter requesting a review and a reply_ accordingly before
scheduling same for public hearing .
Southold Town Board of Appeals -28- March 2 , 1984 Regular Meeting
The following matters were also awaiting review or applications
to the Planning Board for coordination with our office prior to
scheduling for public hearings :
Appeal No . 3196 - Walter Hairston .,
Appeal No . 3200 - Robert Entenmann .
Appeal No . 3207 - Winds ,Way Building Corp .
Appeal No . 3183 - Mary N . Code .
Appeal No . ' 3217 - Joseph A. Wanat .
- - - - - - - - - - - -
'NEXT 'SPECIAL 'MEETINC':: It was agreed that the next' Speci.al
Meeting of the- board .wou..1_d_ be het d o.n or about March 17 , 1 984 .. at
the Town -Hall for an update prior to the Regular Meetfng ;... field
inspections to. follow._-
NEXT REGULAR _.MEETING : On motion by Mr. Douglass , seconded
by Mr . Saw ick_i ;., it was
RESOLVED , that the date of -'the ..next . Regul ar'- Meeting of .t.h_i s
board be and hereby is set for. THURSDAY ; 'MARCH '29.; "1'984 _commencing
at 7 : 30 p .m. at the Town Hall , Southold_,-_ New .York. -.._
t' Vote of .the Board : Ayes : Messrs . Goehri'nger , Doyen , 'Grigonis ,
Douglass and Sawicki . This resolution -was adopted by unanimous vote
of all the members .
ELI KAMPGROUNDS 'MATTER: Correspondence was received and
discussed concerning ,the _E ..L . I . Kampgrounds at C .'R. 48 , Greenport.
Although the board .members _e.on-cur with the Vi,lla.ge of Greenport ' s
analysis that there were violations existing of ,this- board ' s.
requirements of .a prior appeal dated July 22 , _1976 , No . 2147 ,
this request is no_t a matter which can 'be enforced by the Zoning
Board of Appeals . The Secretary was. author. i_zed and instructed .
to refer this complaint to the Bu.ildi'ng Department for consideration
and action as he deems necessary, .and that Mayor Hubbard be
notifi.ed of .this referral . ' The__ .complaint concerns placement 'of
a fence along the boundary line with_ the. Village of Greenport .
NEW APPLICATION : Appeal No . 3914 = 'HANAUER AND BAGLEY . In
reviewi.ng this -file , it was the consensus of .t e board that
following a field inspection , 'the board wou_ld, like to consult
with the Town Attorn'e-y concerning his February.. 7 , 1984 opin.ion
before scheduling this matter for public hearing .
Southold Town Board 6 , Appeals -29- March 2 , 198, regular Meeting
A y
F
ENVIRONMENTAL DECLARATIONS: After reviewing each of the follow-
ing files , motion was made by Mr. Douglass , seconded by Mr. Goehringer ,
to declare Negative Environmental assessments pursuant to the New
York State Environmental Quality.. Review Act SEQRA) and Local Law
#44-4 , as noted below:
APPEAL NO. : 3219
PROJECT NAME: CROSS SOUND FERRY SERVICES , INC .
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 [ J
DESCRIPTION OF ACTION: (a ) Construct principal building to be for
ferry terminal use with insufficient frontyard setback from easterly
line , (b ) establish ferry-terminal use in this B-1 Zone: -
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as : 42175 Main Road , Orient , NY ; 1000-015-09-11 .
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 ) The project is not located within 300 feet of tidal wetlands
or other critical environmental area ;
(3 ) Proposed building is landward of existing ticket booth building .
Southold ' Town Board Appeals -30-March 2 , 19E _ Regular Meeting
APPEAL NO. : 3223
PROJECT NAME: THOMAS R. AND BARBARA D. MERCIER
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: [_ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: To convert existing single-family dwelling
use into professional offices in this A-Residential Zoning District .
LOCATION OF PROJECT : Town of Southold, County of Suffolk, more
particularly known as : 4§05 Middle Road , C . R . 48 , Mattituck ; 1.000-141 -1 -21. .
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 ) Building. is existing and is landward of other principal buildings
on adjoining lands .
APPEAL NO. : 3176
PROJECT NAME: CAROL 'PLOCK
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 which have become
merged .
LOCATION OF PROJECT: .Town of Southold, County of Suffolk, more
particularly known as : R-O-W off nor..th . si..de .of Bayview .Avenue ;
two parcels identified as .CTM #1.000-79-5717 and. .2.1 .
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 ) Subject premises is not located in a critical environmental
area .
Southold Town Board Appeals -31 - March 2 , 1 � Regular Meeting
APPEAL NO. : 3184
PROJECT NAME: PETER AND PATRICIA 'LENZ
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: (a ) approval of .insufficient width and
(b ) approval of access
LOCATION OF PROJECT : Town of Southold, County of Suffolk, more
particularly known as: R-O-W off north side of Sound Avenue ,
Mattituck ; 1000-112-1 -11 and 12 .
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.
(b ) Lot line variances do not require furtherprocessing ;
(c ) Premises is located 10 or more above mean sea level .
------------------
APPEAL NO. : 3221
PROJECT NAME: ROBERT BROWN
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: To construct addition with an insufficient
frontyard setback .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 74450 Main Road , Greenport , NY ; 1000-45-6-6 .
Y
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 ) Premises is not located near an environmentally sensitive
area or wetlands .
Southold Town Board c Appeals -32-March 2 , 198 regular Meeting
APPEAL NO. : 3211
PROJECT NAME: MARY GRIGONIS
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: Variance for approval of insufficient area
in this proposed division of .land.
LOCATION OF PROJECT : Town of Southold, County of Suffolk, more
particularly known as : Wks Wells Avenue , Southold; 1000-61 -03-08 .
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 ) Premises is not located near wetlands or other critical
environmental .
APPEAL NO. : 3208
PROJECT NAME: JAMES AND EDNA.-MAE CHRISTIE
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: For permission to re-separate Lots 3.1 and
32 , Map of Laurel Park which woul.d have insufficient area , .width and
sideyard setback.. required under the current zoning ordin�n'ce ..
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as : North Oakwood Road , Laurel Park Subdivision
Lots 31 and 32 , Map 212 ; 1000-127-7-15 and 16 .
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 ) The project involved is a lot-line variance and is not
directly related to new construction .
(3 ) A 50-foot road separates premises from wetlands area .
Southold Town Board Appeals -33-March 2 , 19! Regular Meeting
i
APPEAL NO. : 3224
PROJECT NAME: GEORGE AND NATALIE WIESER
This notice is issued pursuant to Part G17 (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: Accessory swimmingpool in an area other
than the required rearyard area .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as : 1415 Harbor Lane , Cutchogue ; 1000-97-6-10 .
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
plann d
e(2j Proposed pool is landward of existing principal building .
APPEAL NO. : 3226
PROJECT NAME: ROBERT A . CAMPBELL
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: Frontyard setback of proposed dwelling .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as : Corner of Middleton Road Extension and
Washington Avenue , Greenport; 1000-.41 -02-001 .
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
plann
f�) Premises is not located near wetlands or other critical
environmental area .
N
Southold Town Board of Appeals -34- March 2 , 1984 Regular Meeting
( Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
There being no other business properly coming before the board
at this time , the Chairman declared- the meeting adjourned . The
meeting was ,.adjourned at 10 : 15 p. m.
Respectfully submitted ,
Li da F. Kowalski , Secretary
Southold Town Board of Appeals
Ar
Approved - Gerard P . Goehringer , Chairman
RECEIVED AND FILED 13Y
THE SOUTHOLD TOWN CLE=
DATE a-�-�S HOUR� = /�
Town Clerk, Town of Southold