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HomeMy WebLinkAboutZBA-02/11/1984-SPEC -- z L Southold Town Board .of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE QOYEN, JR. M I N U T E S ROBERT J. DOUGLASS - - - - - - - JOSEPH H. SAWICKI FEBRUARY 1 1 , 1984 SPECIAL MEETING A Special Meeting of the Southold Town Board of Appeals was held on Saturday , February 11 , 1984 at 11 : 00 a.m. at the Southold Town Hall , Main Road , Southold , New York . Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis ; Robert J . Douglass and Joseph H . Sawicki . Also present was Victor Lessard , Administrator. (Building Department) . Absent was : Serge Doyen. (of. Fishers Island) . The Chairman called the meeting to order at 11 : 10 a .m. REQUEST FOR AMENDMENT: , Appeals No . 3100 and 3101 - ROGER L . MUNZ and VICTOR CATALANO. The board members reviewed and discussed the February 8 , 1984 request of the applicants concerning these appeals for relief from the requiring of an easement (with Jim and Debra Navis , property owners to the east) for suitable access to the rear for emergency vehicles along the easterly side . The Planning Board at its January 9 , 1984 meeting amended their previous decision concerning the site plan subject to approval from this board . as requested in the applicants ' November 21 , 1983 correspondence and enclosures . (original Planning Board approval was made May 16 , 1983 ) . Inasmuch as the applicants have not obtained an executed easement to use the neighboring premises for access to the rear of the subject building , it was:, unanimously agreed to adopt the following resolution : On motion by Mr. Goehringer', seconded by Mr. Grigonis , it was RESOLVED-, that Condition No . 7 as written in this board ' s decisions rendered May 27 , 1983 in Appeals No . 3100 and 3101 for ROGER L . MUNZ and VICTOR CATALANO, BE AND HEREBY IS AMENDED IN ITS U �• Southold Town Board of Appeals -2- February 11 , 1984 Special Meeting (Appeals No . 31.00 .and 3101 � :MUN.Z '.AND' CATALKNO , continued`: ) ENTIRETY to read as follows : 7 . The sideyard areas shall remain open and unobstructed at all times - and any fencing or gate to be erected on the westerly side area must be considered and approved by the. Board of Appeals , in writing , for appropriate access :by emergency vehicles without restriction . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was unanimously adopted. PENDING DECISION : Appeal No . 3204. DOUGLAS.:CASTOLDI . The board members discussed the ._particulars of this application . The members agreed that information concerning the different sizes of this greenhouse should be evaluated. This matter is to be placed on the board ' s next agenda for consideration (March 2 , 1984) . PENDING OTHER APPROVALS : Appeal No . 3217 . JOSEPH A . WANAT. In accordance with the town' s January 1982 set of procedures con- cerning applications simultaneously pending with this board and the Planning Board , and the N .Y .S . Department of Environmental Conservation Tidal Wetlands Land Use Regulations 661 . 5 (b ) [57] , the following action was taken : On motion by Mr. Douglass , seconded by Mr . Goehringer , it was RESOLVED, that Appeal No . 3217 , application for JOSEPH A. WANAT for a variance for approval of insufficient width in this proposed set-off of land located on a private right-of-way off Bergen Avenue , Mattituck , New York , BE AND HEREBY IS TEMPORARILY HELD IN ABEYANCE pending review and receipt of comments or action from : a the Southold Town Planning Board , and (b) the N . Y . S . Department of Environmental Conservation . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was unanimously adopted. Southold Town Board of Appeals -3- February ll , 1984 Special Meeting PENDING .OTHER 'A.CT.I..ON : Appeal No . 3216 . ".EU.G.ENE DAVIS.ONo In reviewing the recent ap.pl'icati_on _for _Mr. _Davis0n__,f0.r^ a- .variance. to establish additional 1_.iv__ing quarters on- the second-floor of an existing stable structure . on. this. 1�2 . 6372-acre parcel located at the south side of Sound Avenue , Ma.ttituck, NY, .the board became aware that the premises is .the'- subject of a pending application before the Planning Board for a subdivision . It was the consensus of the board to hold this matter in abeyance pending the outcome of that subdivision project. The following action was taken : On motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , that Appeal No . 3216 , application of EUGENE DAVISON for a Variance for permission to build additional living quarters (second-floor of stable ) on this 12 . 6372-acre parcel located at the south side of Sound Avenue , Mattituck ; 'BE AND HEREBY IS HELD TEMPORARILY IN ABEYANCE, pending receipt of comments or recommenda- tions from the Southold Town Planning Board concerning the pending subdivision application . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent . This resolution was unanimously adopted. The secretary was instructed to forward copies of the variance application to the Planning Board and request .their communications on the status of any pending subdivision . PENDING OTHER ACTION/COMMENTS : Appeal No . 3215. WILLIAM F. and HELEN A. COSTER. Special exception application for the estab- lishment of a funeral home at the corner of Main Road and Youngs Avenue , Southold , New York. After review of this application , the following action was taken : On motion by Mr. Do.uglass , seconded by Mr. Goehringer , it was RESOLVED , that Appeal No . 3215 , application of MR-. AND MRS. WILLIAM F . COSTER III for a Special Exception to the Zoning Ordi - nance for the establishment of a funeral home at the corner of Main Road and Youngs Avenue , Southold , New York BE AND HEREBY IS TEMPORARILY HELD IN ABEYANCE pending receipt and receipt of comments from the Southold Town Planning Board on the proposed site plan in accordance with Article VII , Section 100-70 (B ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent . This resolution was unanimously adopted . Southold Town Board of Appeals -4- February ll , -1984 Special Meeting ADDITIONAL PUBLIC HEARINGS FOR MARCH 2 , 1984 : 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 at the next Regular Meeting of thi.s board , to wit: March 2 , 1984, commencing at 7 : 30 o ' clock p .m. , which meeting will be held at the Southold Town Hall , Main Road , Southold , New York , and that the Legal Notice be published in the local and official newspapers of town , pursuant to law : Appeal No . 3212 - VARTANIAN/TOWN OF SOUTHOLD. Insufficient area and width . Lot set-off at Whistler Avenue, Fishers Island . Appeal No . 3170 - DANIEL SHELLEY . Area and. .width and 280-a . Appeal No . 3213 - HENRY AND D . ST. GEORGE . Variance for accessory building and addition . Appeal No . 3218 - NORTH FORK BAPTIST CHURCH . Variance for change in location of one-family dwelling. -;:. Westphalia Road , Matt. Appeal No . 3.174 - PATRICIA STEGNER. Variance for area , width , depth , and 280-a . Private Road #12 , Southold. - Appeal No . 3193 - FRANCES D. EPP. Variance for insufficient area . Maple Road , Southold . TWesland Subdivision ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was unanimously adopted . APPEAL NO . 3178 BERTHA OKULA. A copy of the February 1 , 1984 survey was provided for our file from the Planning Board and the applicant in accordance with this board ' s decision rendered January 25 , 1984 , Condition No . 3 . Lot #1 will contain an area of 29 ,118 sq . ft. with 125 . 95 ' road frontage and Lot #2 will con- tain 20 ,117 sq . ft. with 179 . 10 ' frontage (along the Main Road ) . Condition No . 1 is to be satisfied by the applicant. APPEALS NO . 688 and 2784 - ROBERT T. BAYLEY , and others . The board members acknowledged receipt of correspondence dated January 29 , 1984 from Mr. and Mrs . John Holzapfel sending their appreciation for the assistance received and time spent through the ZBA office concerning this matter. The board rendered a decision granting relief for road improvements on January 25 , 1984. Southold Town Board of nNpeals .-5- February° 1 . ; 1984 Special Meeting ENVIRONMENTAL DECLARATIONS : On motion by Mr. Douglass , seconded by Mr. Goehringer , it' was RESOLVED, to decl.are the following Negative Environmental Declarations pursuant to Chapter 44 of the . Town Code and Part 617 pertaining to . Article 8 of the State Environmental Quality Review Act of the Environ- mental Conservation Law, on each of the following matters , for the reasons stated therefor: S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3212 PROJECT NAME: . VARTANIAN/TOWN OF SOUTHOLD This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental , Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending .for the same or similar.: project. TYPE. OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:. Set-off­ with insufficient area an-d width . LOCATION OF PROJECT:. Town: of Southold, County of Suffolk, more particularly known as: Whistler Avenue , Fishers Island , NY.' REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the .short form has been submitted which indicates that no. -significant-adverse effects to the environment are likely to occur should this project be imple- mented as planned; . (2 ) The premises in question is I a n d w a—r-dof. an existing traveled 50 ' road . Southold Town. Board of Appeals -6- February 11 , 1984 Special Meeting (En.vironmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3170 PROJECT NAME: DANIEL SHELLEY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar.: project. TYPE. OF ACTION: [X] . Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION: Area , width and approval of access . LOCATION. OF PROJECT:. Town of Southold, County of Suffolk, more particularly known as: R-O-W off.. north side of Oregon -Road , Cut chogue , NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the .short form has been submitted which indicates that no significant adverse effects to the environment are likely. to occur. should this project be imple- mented as planned; (2 ) The project in question is not directly related to new----- ------- construction ; Southold Town Board of Appeals -7- February 11 ; 1984 Special Meeting (Env.ironment.al' 'Decl'arations , 'conti.nued. ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3213 PROJECT NAME: "' 'HENRY 'AND D . '.ST 'G.E.O.RGE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have . a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar.; project. TYPE. OF ACTION: . [X] . Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION:. Vari ance- for accessory building -an-d addition . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 300 Marion Place East Marion , NY;. 1000-31 -8--part of 12 . 5 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the .short form has been submitted which indicates that no significant adverse effects to the environment are likely .to .occur .should this- project be imple- mented as planned; (2 ) The proposed construction is landward A"f. ex.i.sting struc- tures and Marion Lake . Southold Town Board of Appeals -8- February 11 , 1984 Special Meeting (Environmental' Declarations ; continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3218 PROJECT NAME: NORTH FORK BAPTIST CHURCH This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that. this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar.: project. TYPE. OF ACTION: [X] Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION:. Request to change location of- one-family dwel.ling .. from its nonconforming location . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Westphalia Road and_ CR 48 ,_ Matti tuck , NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the :short form has been submitted which indicates that no. significant adverse effects to the environment are likely to occur. ,should this project be imple- mented as planned; (2 ) The subject premises is landward of an existing 50 ' town road and other structures . Southold Town Board of Appeals -9- February 1 ] ; 1984 Special Meeting (Environmental' Declarati'ons., :conti.nued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3174 . PROJECT NAME: 'PATRICIA :STE.G.N.ER- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. .Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar.: project. TYPE. OF ACTION: . [X] Type II [ ].Unlisted [ ] DESCRIPTION OF ACTION:. Area , width and depth. Also approval of access . LOCATION. OF PROJECT:. Town of Southold, County of Suffolk,. more particularly known as: Private Road #12, Southold , NY. .REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely .to occur. .should this project be imple- mented as planned; (2 ) This application is not directly related to new construc- tion . (3) The premise.s in question . is bulkheaded. . Southold Town Board of Appeals -10- February ll , . 1984 Special Meeting ( Environ'mental . Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 31.93 PROJECT NAME: FRANCES D . EPP This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y..S. Environmental Quality, Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar.: project. TYPE. OF ACTION: . [X] Type II [ ], Unlisted [ ] DESCRIPTION OF ACTION: Area an-d_. width of parce-1 to be .se.t-off. LOCATION. OF PROJECT:. Town: of Southold, County of Suffolk,. more particularly known as: Maple an.d Pine Roads , Wes_land Subdivision , Southold , NY ; 1000-54-9-18 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the .short form has been submitted which indicates that no- significant adverse effects to the environment are likely. .to occur should this project be imple- mented as planned; (2 ) The subject premises is located more .than 300 feet from tidal wetlands or other environmentally critical area; (3 ) The application is not directly related to new construction . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , . Doug- lass and Sawicki . Member Doyen of Fishers Island was absent . This resolution was unanimously adopted. Southold Town Board of `::-r'peals -11 - Februa. , 11 , 1984 Special Meeting ENVIRONMENTAL DECLARATION WITH INTENT TO PREPARE 'DEIS : Appeal No . 3203 - NORMAN C . BOOS: At the request of all the members , motion was made .by Mr. Goeh- ringe , seconded by Messrs . Grigonis , Sawicki and Douglass , that the following Positive Declaration,_ with Intent to Prepare Draft Environ- mental Impact Statement ; BE AND HEREBY ' IS ADOPTED, to wit : NOTICE OF POSITIVE :DECLARATION REQUEST FOR DRAFT ENVIRONMENTAL ' IMPACT STATEMENT Appeal No . 3203 - NORMAN 'C . BOOS. Location of Property : - South Side of .Bay Avenue , Cutchogue , NY; County Tax Map Parcel ID No . 1000-104-08-2 . 1 , 2 . 3 , 2 .4 , 2 . 5 . Project Proposed : Expansion of nonconforming marina in this A-Residential and Agricultural District from 35 boats to 53 boats . Pursuant to Section 617. 10 (c ) of the N .Y .S . Department of Environ- mental Conservation Act , Artic.le 8 of the Environmental Conservation Law , and Section 44-4 of the Southold Town Code , and other applicable statutes , the Board of Appeals as - lead agency and in accordance with a previous declaration by this board classifying this project as an Unlisted Action and determining that same may have significant adverse effects upon the environment , hereby determines that a Draft Environ- mental Impact Statement (DEIS ) .be prepared in accordance with Section 617 . 8 and resolution unanimously adopted by this board this date and January 10 , 1984 [copies of which are attached and made a part of this declaration and describing the possible significant environmental effects and stating the reasons supporting this determination] . Lead Agency and Person to be Contacted for Further Information : Southo.ld Town Board of Appeals , Main Road , Southold , New York 11971 Attention : Linda Kowalski , Secretary and Clerk to the board; (516 ) 7654809 (or 1802 ) . The Long Environmental Assessment Form has been circulated and no objec- tions have been received within the 15-day commenting period from other departments/agencies ; however , there is public controversy concerning this proposed project . This declaration should not be considered a determination made for any other agency or department which may have a different application since same has not been integrated at their option to be within the purview of the Board of Appeals at this point in time . The Draft Environmental Impact Statement including short-term and long- term effects and associated environmental effects , shall contain an elaboration on each of the following areas : . (a ) alteration of the adjacent. wetlands area , such as widening of the channel if needed at present or in the future ; (b ) . changes and effects of the adjacent wetlands area due to wave action from navigation ; Southold Town Board of Appeals -12- February ll , 1984 Special Meeting (Positive Environmental Declaration - N . C . Boos , continued : ) (c ) pollutants-sewage being discharged due to increased nevigation ; (d ) other pollutants from navigation and similar activities ; The Draft Environmental Impact Statement shall also contain at least the following : (1 ) a concise description of the proposed project , its purpose and need; (2 ) a concise description of the environmental setting of the adjacent areas ,. sufficient to understand the possible effects of this proposed project ; (3) an identification and brief discussion of environmental effects which cannot be avoided , if the prop.osed project .is implemented ; (4 ) a description and evaluation of reasonable alternatives , including no-action alternative ; (.5 ) an identification of any irreversible and irretrievable commit- ments of resources which would be associated with the proposed action should it be implemented; (6 ) a description of any growth-inducing as of the proposed project; (7 ) a list of any underlying studies , reports , expert testimony and other information obtained and considered i.n preparing this state- ment [together with. copies of same for reference] . Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Doug- lass and Sawicki . Member Doyen of Fishers Island was absent . This resolution was unanimously adopted . ROAD INSPECTION : Appeal No . 3170 . DANIEL . SHELLEY . Private right-of-way located off the north side of Oregon Road , Cutchogue , NY. The board unanimously instructed that arrangements be made for John W. Davi.s ., be contacted for his report on the subject right-of-way pri'or:.to any . deci.si•ons . ., INSPECTIONS DATE: The board agreed to meet on. Saturday , February 18 , 1984 for field inspections on the appl.i.cations planned for the March 2 , 1984 agenda. A Southold Town Board of Appeals -13- February 11 , 1984 Special Meeting RESERVED, DECISION : Appeal No . 3198 . Application for CHRISTINA M. DINIZIO, by Greenport Housing Alliance , 18 South Street, Greenport , NY for a Variance to the Zoning Ordinance , Article III , Section 100-3.0 (A) for permission to establish two-family dwelling use. on a parcel of land containing less than the required four-acres in this A-Residential and Agricu-ltural District. Location of Property: North Side of Flint Street , Greenport , NY ; County Tax Map Parcel No . 1000-48-2-13 , and parts of 14, and _part of Seventh Street. The public hearing on this application was held on January 25 , 1984 , at which time the hearing was declared closed pending .receipt of the certified division map as approved by the Planning Board and depicting the exact dimensions together with the lot ' s area ( inclusive of the 25 feet of Seventh Street ) and the easterly sideyard setback distance . The requested , revised maps were -received on February 10 , '1984. The board made the following fi.ndings and determination : T h is appe-al. i s from a di sap.pr.oval of an application to the building in s pector to:_ p.l ace 'a. :two-f,ami ly _dw.e.,l.l i nq on a portion of premises to be leased, to the._G.reenp:o.rt. .Hous:i n;g A,1.1_i ance, Inc._,- from Christina M. Di ni zi o . The premises are. located on the north side of. Flint Street near the V,i,l.lage `of Greenpo.rt . : This parcel has a frontage. of. 175 . 96 feet on Flint Street; a depth of 124'. 63 .feet along its _west side line ; a depth of, .165 . 32 feet along i is _east side l i ne (_the westerly boundary line of th.e Incorpo,r.ate'd. V.illa.ge of Greenport) ; and a rear lot line of 181 . 21 feet along the Long ._I,sl and. R_a,i 1 road right-of-way. The premises are located in the "A" Residential and Agricultural District. and co.n.ta.ins a. total area of-.25.,524 sq . ft . The appe,llant .proposes to move a one-family dwelling building on- to the easte,rl_y portion of the premises having an area of 12 ,348 sq . ft . with a . fronta.ge .of .78.96 feet .on .Flint Street., and a two-family dwelling on the we.ste_r:ly portion of the- premi.ses having an area of 13 , 176 sq . ft ., and a frontage of .97 feet on. Flint Street . The ap.p;e,ll.ant . has appealed to this board for : (a ) a variance rehabilitate a two-fam.ily_. .structure to 'be moved to the subject p.remises .an'd .(b) .a variance due to_ lack of access . Section. 10.0' 30 (B) [l ] of .the Zoning Code permits two-family dwellings as _a s„pe.ci,al .exception and subject to site plan approval 'by the ._Planni'ng. .Board. Section 100=31 of the Zoning Code provides for the b,u.lk and parking requirements fo.r. lots located in the "A" Residential District . . .The requirements of Column A-80 of the Bulk and Parking Schedule are ap.p_lic.a.ble to the one-family parcel , and Column A-.169 .w.o,ul d ap,ply. to the tw;.o-family parcel . Southold Town Board of .)eals -14- February 1.984 Special Meeting (Appeal No.. 3198 - CHRISTINA M. DINIZIO, c-ontinued : ) It appears that the one-family parcel does not comply with the bulk schedule requirements with respect to lo.t area , lo.t width , lot depth , front and side yard requirements ; and that the proposed two-family .parcel is deficient. with respect to lot area , lot width , lot depth , front yard , one side yard , and livable floor area of the second floor . Since the Building Inspector has. disapproved a building permit due to noncompliance with Section 100-30 (1 ) of the Code_ only , and since . no appeal is before this board for noncompliance with the bulk requirements of Section 100-31 of the Code , this board is without jurisdiction to consider variances from. the bulk requirements of Section 100-31 of the Code . Also , since the premises in question fronts along a 50 ' wide town road , the request by appellant for a variance due to lack of access would not appear to be proper under the circumstances . As previously indicated , two-family dwellings are only permitted by special exception of .this board . However , no application for a special exception is before this board , and accordingly no such approval can be given by' this board. For the above reasons , the Appeal must be denied , without prejudice , however , to reapply for the required variances and special exception approval . Since this board exercises appellate jurisdiction in variance cases ; the notice of disapproval issued by the building inspector should be amended to indicate that the proposed division of the parcel into two lots does not comply with the bulk requirements of Section 100-31 of the Zoning Code . Section. 100-.30 (B) of the Zoning Code provides that , in addition to the requirement that a special exception be granted by this board for the construction of a two-family dwelling , site plan approval must also be .granted by the Planning Board . It is suggested that the aforementioned notice of disapproval be further amended to reflect this fact. In conclusion , it should also be mentioned that the Planning Board , by resolution adopted on September 9 , 1983, approved the setoff or division of the premises into two lots. However, such approval was subject to the condition that "a single-family resi - dence only be permitted for each lot. " No mention .of such condition is set forth in the notice of disapproval issued by the Building Inspector. Until such condition is removed , it would appear- that it precludes a two-family dwelling on the westerly portion of the premises . As indicated in the minutes of the hearing of this Appeal , this board is in sympathy with the goals sought to be achieved by the Appellant . However , it .also believes that it is this board ' s duty to apprise the Appellant of the various code requirements that must be adhered to if the goal to be achieved is to be in conformity therewith . Accordingly , on motion by Mr. Grigonis , seconded by Mr. Douglass , IT IS Y r Southold Town Board of Hppeals -15- February ! ,1 , 1984 Special Meeting (Appeal No. 3198 - CHRISTINA M. DINIZIO , continued :) IT IS RESOLVED , that the application for CHRISTINA M. DINIZIO in Appeal No . 3198 , BE AND HEREBY IS DENIED, WITHOUT PREJUDICE TO REAPPLY . Location of Property : East Side of Flint Street , Greenport , NY; County Tax Map Parcel .No . 1000-48-2-13 , part of 14 and part .of Seventh Street. Vote of the Board: Ayes: Messrs . Goehringer, Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent . This resolu- tion . was unanimously adopted. Being there was no further business properly coming before the board at this time , the Chairman declared the meeting adjourned . The meeting adjourned at approximately 12 :45 o ' clock p .m. Respectfully submitted , Linda F. Kowalski , Secretary. Southold Town Board of Appeals lie Approved 312/84 - Gerard . Goehringer , Chairman �ECEIVED AND FILED- BY j TFIE SOUTHOLD TOWN CLERK DATE,31'71gy- DOUR Town Ierk, Town of Southol