HomeMy WebLinkAboutZBA-09/13/1984 _b
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
�l ( TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
REGULAR 'ME.ETING
'THURSDAY-,' SE.PTEMBER T3 ; T984
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday1' 'Sep_tem,ber 'l3 1984. at 7 : 30 o ' clock p .m. at the
Southold Town Hall , .Main Road.,- Southold, New York.
Present were : Gerard P. Goehri'nger , Chairman; Serge Doyen ;
Charles Grigonis ; Joseph H . Sawicki ; _Robert J . Douglass_. Also
present .were Victor Lessard,. Building . Department Administrator
and approximately 27persons in -the audience at the opening of
the meeting .
The Chairman opened the meeting at 7 : 30 .p .m.
The first hearing on the agenda was for the matter of ;H.ENRY 'P .
SMITH ; which was recessed from the. July .'2.6 , 1984 hearing for'
additional information . Neither the applicant or his att_orney ,.
was present , .and ' the board decided to allow the applicant more
time and to reconvene later in the meeting.
PUBLIC HEARING: Appeal No . 3263 : Application of .ROGER .MUNZ ,
Box 567 , Laurel , NY (by_ Cardinale .and Cardinale , -Esgs . )- _foror a:- *
Variance for relief .from' Condition No . 7 of .the,_ May 27 , .1983 deci -
sions rendered in Ap-plications -No . ' 3100 and 3101 : Property
Location : 13175 Main Road , Matti_tuc_k , 'NY ; County Tax Map ..Parcel
No . 1000-14.0-.03-038 (Owners : ' J . and. C. Moisa/Munz ) .
The Chairman opened the hearing at 7 : 36 p .m. and read the legal
notice_ of this hearing in its entirety and appeal application .
MR. CHAIRMAN : We have a copy of a Tax Map indicating this .and
surrounding properties in the area , .and I have a copy of the survey
Southold Town Board Appeals -2- September 1984 Regular Meeting
(Appeal No . 3264 - ROGER MUNZ, continued : )
MR. CHAIRMAN (continued ) :
produced by Paul Canalizo on July 2 , 1983 indicating the size of the
property in question and the proximity of the existing building on
the property. I .also have a letter from Mr . Munz which 1. received
the other night which reads as follows :
. . . At this late hour . I reluctantly ask for a postponement of
my hearing tomorrow night. During the intervening months
since our last meeting in April , the plans and uses of the
building I. purchased have changed. The site plan , as
approved by the Planning Board is no longer valid thereby
negating my purposeful meeting tomorrow. . This only occured
to me last evening , and I am sorry about the last minute
notice . . .
It ' s signed by the applicant . Is there anybody that would like to
speak in behalf of this application? I know there are p.eople here .
Anybody like to speak against the application? Mr . Cron?
JAMES CRON , ESQ. : Chairman , gentlemen . My name is James Cron ,.
with law offices with Cron and Cron , Main Road , Cutchogue ; and our
office represents Mr . and Mrs . Navas , who are adjoining property
owners to th.is proposed retail facility . It is my 'understanding
that the transfer of ownership has in fact occurred . Does the
board know anything about this?
MR. CHAIRMAN : Only a conversation I had with the applicant.
He called me at my office today in Hauppauge , and he indicated to
me that no transfer has taken place .
MR. CRON : Then Mr . Waddington do.e.s not own the property?
MR. CHAIRMAN : That ' s what he indicated to me , Mr. .Cron .
MR. CRON : Thank you , Sir. At this time I will speak in
opposition to the. adjournment, based on the last minute attempt
to gain some more time . I think it would be highly inappropriate
for this board adjourn it. . I would also take issue with the copy
of the letter the board has received which was sent to ,. Iii .
believe , Mr. Navas and also on it to Mr. Waddington and to his
board . In particular and in the application itself , it mentions
that the applicant has been unable to meet Condition No . 7 , .which
was imposed by this board and also by the Planning Board because
of the intransigeance of Mr. Navas . Gentlemen that ' s quite to
the contrary . I had a conversation with Mr. Munz requesting and
offering to set up a common easement for the benefit of both
properties wherein he became very upset and said he was going
to run my client out of business . He has been completely
intransigeant. He does not wish to discuss it at all , and at
this time , I ' d like to hand up the copy of the letter of October 21st ,
1983 , which I sent to his counsel , at that time , Mr. Cardinale , along
•
Southold Town Board of Appeals -3- September '13 , 1984 Regular Meeting
(Appeal No . 3264 - ROGER MUNZ, continued : )
MR. CRON (continued) :
with a copy of the proposed easement , which I will show this board .
Apart from that:,, I .. know. the-`:board ' s policy as regards adjournments ,
and if the adjournment is being contemplated , I would first like a
ruling on that before I speak in opposition to this. particular matter .
(Mr . Cron submitted two documents for the record : survey of Maurice
Hansen at Mattituck and October 21 , 1984 letter from James J . Cron
to Philip J . Cardi.nal.e . )
MR. CHAIRMAN : Serge (Member Doyen ) ?
MEMBER DOYEN : Yes .
MR. CHAIRMAN : I have not discussed the issue here about .th.e
recess which is the request of Mr . Munz . If you remember , this
was the nature of a use variance and Mr. Munz has indicated that
because his site plan is no longer which he considers to be proper
he wants to go back and resubmit a site plan to the Planning Board
and therefore any action that we might to close this hearing might
be the nature of re-entertain.i.ng '.another application before this
board , or a new application . So how do you feel about the purpose
of a recess? I ' ve indicated to this gentleman , meaning the appli-
cant , that I have approximately 44 files in our office ready to be
heard for public hearings , and I have indicated to him that we will
not entertain his application before either December or January of
this coming year . And he indicated to the that he cannot sell boats
in .the wintertime , and that ' s fine with him.
MEMBER SAWICKI : In other words close it , or recess it?
MR. CHAIRMAN : It ' s entirely up to you at this particular point.
I ' d hate to close the hearing and then make a decision on something
that ' s going to. be re-rendered through the Planning Board and which
would require a new application at this particular time .
MEMBER SAWICKI : If .we recess it tonight , it ' ll go to December
or January , whatever.
MR. CHAIRMAN : Right. Do you have any objection to th.at ,. 'Bob? .
MEMBER D,OUGLASS : If ,he does this , 'and he make.s a few changes
with the Pl anni_ng Board, he ' s. g.oi ng to,_..put i n a whole new, file, _anyway
isn.' t he?
MR. CHAIRMAN : Well , it depends on how sophisticated the change
is . In other words , how _materi.al is -the :.change , ok?. He has told me
that what he is entertaining in._ the nature of a conversation and I
was extremely busy when I had spoken to him today, 'so therefore I
did not spent a lot of .time . It was a matter of..maybe a two-minute
conversati on , bu.t that he had intended to take ..down_ less of ,the building
r
Southold Town Board of Appeals -4- September 13 , 1984 Regular Meeting
(Appeal No . 3264 - ROGER MUNZ, continued: )
MR. CHAIRMAN (continued ) : '
than he had originally entertained in taking down . So he doesn ' t know
how the. Planning Board feels about that.
MEMBER DOUGLASS : Can you recess it , Jerry, :>with the stipulation
that if it is irradical , if_. the Planning Board comes through with' a
radical change that it has to be.. .-resubmitted rather than--
MR. CHAIRMAN : Oh , there ' s no question about that particular point.
All ' we would do is close the hearing and then probably deny the appli -
cation pending a new application . I guess we ' ll grant the recess , Mr .
Cron .
MR . CRON : Can I say something , Mr . Chairman?
MR. CHAIRMAN : Sure .
MR. CRON : It is my understanding that , as is yours , that he.' s
going back in for a new site plan approval . I .assume , Mr . Lessard ,
that the original building and demolition. permit was based on prior
site plan approval . If there ' s going to be a major change , I would
. . request at this time that the buildi:ng department review the proposed
demolition and new construction in that light , and if the new plan . is
going to be submitted, I would ask that at this time , normally that
the building and demolition permits be revoked. Thank. you , Mr . Chairman .
MR . CHAIRMAN: Is there anybody else that . would like to speak in
opposition to this application? Mr . Schaeff?
DAVE SCHAEFF: My name is Dave Schaeff from Mattituck . I. live
right in the rear of said. property , and in my understanding there ' s
going to be a lot of sanding of .fiberglass boats and such ; and lacquer ,
and I don ' t need that kind of environment; my family do-esn ' t need that.
And that' s the only opposition I have on this application , and I ' d
like you to .cbhsider that before you do approval ..
MR. CHAIRMAN : We certainly will .
(Ms . Gerrari , private stenographer for Mr. Cron interrupted for
the spelling of Mr.. Schaeff' s name . )
S-C-H-A-F-F.
MR. CHAIRMAN : Thank you . Is there anybody else that would like
to speak in behalf of the application? Questions from board members?
Then I make a motion recessing this hearing with no date .
On motion by Mr. Goehringer , seconded by Mr. Douglass , it was
f
Southold Town Board dr Appeals -5- September is, 1984 Regular Meeting
(Appeal Noo 3264 s ROGER MUNZ, continued : )
RESOLVED, that the matter of Appeal No . 3264;"ROGER MUNZ,, be and
hereby is RECESSED 'WITHOUT DATE as requested.
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote of
all the members .
PUBLIC HEARING: Appeal No . 3262 . Application of J . P . HUBERMAN ,
2 Linda Lane , Setauket , NY (by. I . Price , Jr. , Esq . ) for a variance to
the Zoning Ordinance ; Article III , Section 100-30 (C) . for permission to
establish home occupancy , to wit: physician office , within a one-family
residential building exceeding 30% of the maximum-permitted first floor
area , at 41505 C . R. 48 , Southold , NY; County Tax Map Parcel No .
1000-059-03-023 .
The Chairman opened the hearing at 7 : 50 o ' clock p .m. and read the
legal notice of this hearing in its entirety and appeal application.
MR. CHAIRMAN : We have a copy of a site plan , proposed by Garrett
Strang on 4/16/84 indicating the building and the parking lot area .
And I have .a first-floor plan . I do not have a second-floor plan . Ok .
Is there somebody that would Iike . to be heard in behalf of this applica-
tion? Mr. Price .
IRVING L . PRICE , JR. , ESQ . : I ' m Irving Price , lawyer with
offices at Greenport , on this application in behalf of Doctor Huberman .
There ' s one matter I would like to bring up for the record at the
present time , is that th__e site plan as submitted was dated 4/16/84 but
it was also revised on July 7th', . 1.984 .
MR. CHAIRMAN : I have July 2nd.
MR. PRICE : Yeah .
MR. CHAIRMAN : Ok .
MR. PRICE : This is an application to have the doctor ' s office
in a residential building in a_ residential district. The building as
proposed meets all the requirements as to. percentage of the area of
the premises being occupied , the side lines , the setbacks , and the
ordinance provides as stated in the ap.plication that a home occupation
for a professional is permitted as long as the office use is limited
to 30%. of the total area of the residence , and then to ' avoid any ques-
tion as to parking provisions , further on it provides that a doctor ' s..'
office has _to provide five parking spaces for each physician . This is
a. one-man practice , and as you see the site plan provides for 10 spaces .
The offices are modern doctors , are for the practice of modern
medicine , require more than one room , and I believe that the. ordinance
itself probably should be amended. When this .ordinance was propounded ,
Southold Town Board o.r Appeals -6- September io , 1984 Regular Meeting
(Appeal No . 3262 - J . P . HUBERMAN , continued : )
MR. PRICE (continued) :
thirty percent was probably correct percentage . But now with the .
present usage , 30% is too little , and it is respectfully requested
that . a variance be granted for the use as provided on. .the site plan .
MR. CHAIRMAN : Mr. Price , I see that Dr. Huberman is with us in
attendance . I was wondering if he could tell the board why he
requires 25300 sq . ft. though ...
DR. HUBERMAN : The exact dimensions of the office had not been
decided . We submitted that as the very maximum. It may not be that
much .
MR. CHAIRMAN : But you feel you need the entire . ground floor
area?
DR. HUBERMAN : Well , the minimum , the very minimum would be
15500 sq . ft , Well , if' that represented 30% of the entire first
floor structure , you ' d have four. or five thousand square feet. It
would be an enormous structure . It ' s impossible.
MR. CHAIRMAN : Right . . Would there be any other practitioners
aside from yourself using this?'-...
DR. HUBERMAN : It ' s possible in the future I might have an
associate who would work there with me . I_n the same specialty . At
the moment there would not be .
MR. CHAIRMAN : I thank you very much , Doctor . Did you have
anything to add to that , Mr. Price?
MR . PRICE: Yes , one thing .
MR. CHAIRMAN : Go ahead.
MR . PRICE : I believe an inspection of .that area will show that
it'.s. zoned commercial within 300 feet , 200 feet .back on the corner
of Kenny ' s. Road , the '.northwe.st corner of Kenny ' s. Road , and at across
the street there ' s. either a commercial ._building , It..: s not exactly all
residential - in that immediate area , there -are-certain commercial__ .
structures_. But this is a permitted use in a residential area and
the variance is only for the amount of use of this building . I have
the architect here__if .you have any questions to ask .
MR. CHAIRMAN : Do you have any questions , gentlemen , about this?
( Board.-members nodded in the negati.ve.. )
MR . CHAIRMAN : No , I just want to say in comment that I hope
you ' re aware Mr: Price that this particular board is extremely aware
of the need for practitioners , such a's .Dr . Huberman , in :th:is_ parti -
cular town . And we have in the past , I can mention two recently :
Dr. Slotkin and Dr. Mercier , both of ,which have gotten variances from
Southold Town Board of Appeals -7- September 13 , 1984 Regular Meeting
(Appeal No . 3262 - J . P . HUBERMAN , continued : )
MR. CHAIRMAN GOEHRINGER (continued) :
this board , and I also am aware of the fact that there. is . a timeliness
involved here , which you made my secretary well aware of some time ago .
And although we have not discussed this application , except really to
look at the property and look at it , we ' 11 _have a decision for you in
the very , very near future and it probably will not be tonight ,_ but it
will be in the very near future . _Ok? An_d thank you .
MR. PRICE: Thank you , Mr . Chairman and members of the board.
MR. CHAIRMAN : Is there anybody else that would like to speak
in behalf of this application? _Anybody. like to speak against the
application?
MR . HEINISCH: Yes. I would . My name is Bernard Heinisch ,
H-e-i -n-i-s-c-h. I ' m the owner of the adjacent property to the west.
The hardship as so described is a hardship self-inflicted. There ' s
no reason why a doctor has to build a home utilizing 100% of the
first floor area , 2 ,300 sq . ft . for one persona I believe the zoning
code calls for a stipulation that he must reside and .that only person
plus one assistant could be in the particular zone . All the adjacent
property to this is residential . I have a, petition I will give you
with approximately 29 names on it asking for your denial on this
petition . Also ,. on your Master Zoning Map , all of this property is
shown as A-1 . Residential - Farming area . I don ' t know if the doctor
knows if the code also and I believe states that he must reside and
it ' s hard to believe that 1 ,000 sq . ft. for residential on the second
floor because there ' s no floor plan of the second floor submitted ,
that would be sufficient for two people .to live in , with 2 , 300 sq . ft.
on the first floor. It appears that he comme.rcializing residential
property . There is sufficient commercial property for sale east of
this particular piece .of' property. There ' s also a professional
center , Windsway , right up the street on the east side of this
property , on the south side of County Road 48 .
MR. CHAIRMAN : Thank you , Mr. Heinisch.
(Mr . Heinisch submitted the above-named petition in opposition
for the record . )
MR. PRICE : Mr . Chairman , may I say something for one moment?
MR. CHAIRMAN : Yes', in one moment please .
MR. CHAIRMAN : Ok , Mr . Price .
MR. PRICE: In answer to Mr. Heinisch , I believe he said his
name is .
MR:: CHAIRMAN : Heinisch .
MR. PRICE : I just wanted to point out that this is a permitted
use in ' a residential area and that all the variance is being. asked
for is .to use more than 30% of the residence .
A
Southold :Town Board oT Appeals -8- September 13 , 1984 Regular Meeting
(Appeal. No. 3262 = J .P.' .HUBERMAN , continued: )
MR. GHAJ..RM.AN.:. Doctor , could I ask you one more .question? I would
assume ' by the-floor plan that you. have submitted that you do intend to
live in this residence , or' you intend to live on this .site with "a second
story?
DR. HUBERMAN : I would be living there part-time .
MR. CHAIRMAN : But nobo'd y else would be living there?
DR. HUBERMAN : Nobody else would be living there .
MR. CHAIRMAN : You wouldn ' t. be renting it to anyone else?
DR. HUBERMAN : Absolutely not.
MR . CHAIRMAN : Could you give us an idea on how much time you
would be utilizing the living area?
DR. HUBERMAN: I sleep over out here every week the night before
I operate , and I ' d. be us_ing.. the living quarters on weekends . Possibly
50% of the time .
MR . CHAIRMAN : Would you be operating from this building? You
wouldn ' t be operating from this building , th.at would still be._ in
Eastern Long _Island Hospital ?
DR. HUBERMAN : I wouldn ' t be doing any major surgery , I ' d. be
doing minor eye - surgery .
MR. CHAIRMAN : 1I thank you again . Does anybody else have any
comments concerning this appl.,ication? Questions-. from board members ?
Serge? Any other .question_s ,_ Mr. Heinis_ch? . No? Hearing no further
questions ,._ I ' ll make a motion closing the hearing and reserving
decision until later.
MR. HEINISCH : I would like to ask , will I be sent a notice of
decision?
MR. CHAIRMAN : No , you would not but you 're welcome to call
the board based upon our next meeting date ._ I would suggest cal._ling
a week from Friday , a we.ek from tomorrow , and, we usually, have a._
Special Meeting seven to 10-- days after the Regular Monthly meeting
t_o discuss these applicat_ions .__ . It really dep_en_ds on how. _Long we ._go
tonight , ok . If there is any deliberation or not . That _is _all I__
can suggest. Thank you very__ much everybody for coming in .
On motion by Mr . Goehringer , seconded by Mr . Doyen , it was
RESOLVED, to close the hearing and reserve decision in the
-- matter of _Appeal No ._ 3262 , 'J :P . 'HUBERMAN .
Vote -of .the. Board : Aye-s : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution wa_s adopted by unanimous- vote
of all the members .
Southold Town Board of Appeals -9- September 13 , 1984 Regular Meeting
PUBLIC HEARING: Appeal No . 3265 . Application of FRED H . and
GEORGIA LAMBROU , One Canaan Close , New Canaan , CT 06840 , for a
Variance to the Zoning Ordinance , Article III ; Section 100-32 for
permission to locate accessory garage-story building in- the
frontyard area at 1365 q.uavi.ew Avenue , East Marion , NY; County Tax
Map Parcel No . 1000-022-02-0.1. .
The Chairman opened the hearing at 8 :05 p .m. and read the legal
notice of this hearing in its e.ntirety and appeal application . ,.
MR . CHAIRMAN : We have a copy of plans indicating a garage of
approximately 24 ' by 24e ' We also have, a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area.
I have a copy of a building permit appl. ,cation which indicates the
proposed placement of 28 feet from the east line and 20 feet from
Aquaview Avenue . Would somebody like to be heard in behalf of this
application?
FRED LAMBROU: I ' m the applicant , Fred Lambrou. I don ' t have
anything further to add. I think I was quite complete in that. I
do want . to .point out that since I filed the application there was
a garage built across the street from me which . is a four-car garage .
I don ' t. know_ if .that was a two-ca.r garage and now is a .four-car
garage , so this would not be an unusual . situation . I thank you .
MR. CHAIRMAN : Mr. Lambrou , in dealing with applications of
this nature , this board. does place restrictions on these structures ,
such as the building shall never be converted to sleeping quarters,
apartment--rental , so on and so forth . Do you have.- any objection to
that?
MR. LAMBR'OU : No . I understand that.
MR. CHAIRMAN : Ok. Thank you . Is there .anybody else that would
like to speak in behalf of this application? Anyone against this
application? Questions from board_._Members? (None ) All right ,
hearing no further questions , I ' ll make a motion granting this
application-, approving it with the following condition , that it
always remain as a storage building-_ and that it not be used for
a_ny ..habitable occupancy ..
. The. board made the following fi.n.dings and determination :
. 'By this appeal , applicants seek to. locate a 24 '. x 24 ' two-car
accessory garage in _the .frontyard area of .the premises in que.s.ti-on ,
approximately 20 feet north of .Aquaview .Ave.nue_. and 28 feet.- wrest of. .
the ea.sterl_y.-side_- property. 1 ine
The premises in question is located on. the north .side of
Southo.l.d .To.w.n. .Board of. Appeals -10-. September, l3 ,.. 1984 Regular Meeting
(Appeal No . 3265 - FRED H . AND GEORGIA LAMBROU , continued: )
Aquaview. Avenue , East Marion , with a lot width of approximately 151
feet and lot depth of approximately 320 feet. The premises contains
an area of approximately . 80 of an acre ._and fronts along the Long
Island Sound . The rearyard area of the subject parcel consists of
several well -maintained- trees which are needed to support the high
bluff area. The premises is improved with a two-story one-family
frame dwelling, which is set back approximately 100 feet from the
front property line . For the record , it is noted that similar
relief was granted to .the easterly adjoining property under„ A.pp.eal
No . 2686 on May 1 , 1980.. The bo.a.rd agrees with the _reasoning of
the applicants . _.
In considering this appeal , the board has determined : (a ) that the
relief requested is not substantial in relation to the zoning requirements
(b.) that by granting of the. relief. requested , the character of
the neighborhood will not be adversely affected or changed; (c ) by
allowing the variance , no substantial detriment to adjoining properties
would be created; '(d ) no adverse effects will be produced on available
governmental facilities if the variance is all (e ) that the
interests of justice will_ be served by allowing the variance , as noted
below.
Now, therefore , on motion by Mr . Goehringer , seconded by Mr.
Grigonis , it was
RESOLVED , that Appe.al No . 3265 , application for FRED H . AND
GEORGIA LAMBROU for permission to locate 24 ' by 24 ' accessory garage-
storage building. in the frontyard area approximately 28 ' from the
east side property line' and not less than 20 ' from the front property
Iine ,' ' BE AND' HEREBY' IS'APPROVED'AS'APPLIED'AND SUBJECT TO'THE FOLLOWING CONDITIONS:
1 . The subject accessory building shall be used for storage purposes only and
2. The subject accessory building shall not be used for habitable occupancy.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and
Sawicki . This resolution was adopted by unanimous vote of the members.
PUBLIC HEARING : Appeal No . 3264. Application of PATRICIA AND
REINER LOLLOT, 2345 P1um. Isla►id Lane , Orient , N.Y for a Variance to
the Zoning Ordinance,., Arti.cle .XI , Section 100-119-1 (A) for permission
to erect fence exceeding the maximum four-foot height requirement
along frontyard area of this vacant parcel , 1120 Ryder Farm Lane and
Uhl Lane , Orient; Orient-By-The-Sea Filed Map 6160 , Lot 157'; County
Tax Map Parcel No . 100.0-.015-05-024 . 11 .
The Chairman opened the hearing at 8 : 08 p .m. and read the legal
notice of this hearing in its entirety and appeal application.
MR. CHAIRMAN : We have a copy of the Suffolk County Tax Map .
I have a copy of a building permit application , which indicates a
five-foot fence around the periphery of the property . It does not
indicate how far from the property line this fence lies . Would
Southold Town Board of Appeals -11 - September. 13 , 1984 Regular Meeting
.(Appeal No . 3264 - PATRICIA AND 'REINER 'LOLLOT, continued: )
MR . CHAIRMAN (continued) :
somebody like to speak in behalf of this application? Yes , can I have
your.-name please?
PATRICIA LOLLOT: Mr. Chairman and gentlemen of the board. I am
Patricia Lollot. I am filing for this variance . I_ feel that we have
interpolated as . best we can . .. If you have any questions ,. we are here
to answer them.
MR. CHAIRMAN : I noticed in the. building permit you have changed
the course of the fence in the corner, and it does not appear that that
is the way it looks when we were out.-to see the property , Mrs . Lollot:
MRS . LOLLOT: My husband perhaps could answer that better. What
we do is , we _normally, try to contour it like you see at the : Big Horse
Farm , rounding the_ corner.s . We were not expeditious to. do so . We made
._them at right_. angles .
MR. CHAIRMAN: What we are rather concerned with at this particular
time , since the fence does exist , is to ask you to go to the building
department. and apply for a building . permit for the purpose of placing
such an animal on this. parcel . Ok? And we would therefore offer to
you a recess .of this hearing until you do that.... .
MRS . LOLLOT: All right. One thing I want to make clear is that
the animals are not being housed there . They are housed on our
property where our house is under the accessory ruling. This vacant
lot, is _being used merely as a riding area . The animals are there
for maybe an hour or two a day and then brought into the , under the
accessory land use building where there are stables . And what we
are just looking for here is a safety feature so that vehicular
traffic doesn ' t startle the animals and cause possibly, injury to
ourselves , or anyone else riding or driving by .
MR. CHAIRMAN : I understand that completely . That why I don ' t
want to close this hearing. I would like y_ou to. make the .application
simultaneously while this application. is still open for .the purpose
of housing this animal on thi..s particular parcel of property.
Not housing it-- i,t ' s. actually .a use , ok . It' s an accessory use
on this p.articu_lar parcel of property , and that' s all I can suggest
to you at this _p.articular. time. We can ' t grant a fence knowing
what you are going to -use it for until such time you know that you
are allowed to keep the animal for the time limit that you intend to
keep it on this property . You know , whatever the time .is , on the
daily ba.sis .
MRS . LOLLOT: It just seems rather inconsistent , Sir , that if
you should tell me tha.t. I didn ' t have thisTfenced in , I could ride the
_horse for a day there , but because we have.._a fence there , I__ have to
go to apply for a variance and permission to .ride on it.
Southold Town Board oT Appeals -12- Septemaer 13 , 1984 Regular Meeting
(Appeal No . 3264 - PATRICIA AND REINER LOLLOT , continued : )
MR . CHAIRMAN : Well only because the fence exceeds four feet.
And that ' s--
MRS. LOLLOT: Well that would only be the front . You could put
an 8' stockade I suppose on three sides----
MR. CHAIRMAN : Six feet .
MRS . LOLLOT: Six feet stockade . It just seems very inconsistent.
We will do whatever you Want , 'but to go for. that when you can ride all
day without the fence on the property , it ' s just as I say , quite
inconsistent.
MR. CHAIRMAN : I can ' t agree with you on this particular situation
only because we ' re guided by counsel on this . And secondly , I would
ask you if you will just furnish us. with a copy of the covenants and
restrictions of the subdivision , and make sure that we are not violating
any covenants and restrictions .
MRS . LOLLOT: Well , they have. .been lifted because we received
written permission from the developer at the time we built the barn.
which essentially he approved the building plans , he approved the fact
that we wanted _to.:. stable horses on the property with our house , and
everything was approved and . essentially he meant by doing so lifted
the covenant.
MR . CHAIRMAN : How long ago was that , Mrs . Lollot?
MRS . LOLLOT: A little over a year ago .
MR. CHAIRMAN : All right , if you would just give us that in the
form of a statement. so that we co.ul._d put i_t in the file at the same
time when we receive the building .permit , and we ' ll_ recess this until
the next Regular Meeting so :that we don' t have to. .re-advertise .
All right?.
MRS . LOLLOT: Thank you .
MR. CHAIRMAN : Thank you . Anybody else like to speak in behalf
of this application? Aga.inst :.the:�application?. Questions . from board
members? .(None ) Hearing no furthe.r, _questions , ..I ' ll make, a motion
recessing this hearing until the. next Regular Meeting .
On motion by Mr. Goehringer, seconded ' by Mr. Sawicki , it was
RESOLVED , to recess Appeal No . 3264, matter of PATRICIA 'AND
REINER LOLLOT, until the next Regular Meeting of this_ Board .
Vote of the Board : Byes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was adopted by unantmous .vote
of all the members .
Southold Town Board of Appeals -13- September 13 , 1984 Regular Meeting
PUBLIC HEARING : Appeal No . 3267 . Application of CONSTANCE
KLAPPER , Box 291 , Cutchogue , NY by Esseks , Hefter , Cuddy & Angel )
for a Variance to -the Zoning Ordinance , Article III , Section 100731 ,
for approval of insufficient area of lot in this proposed two-lot
division (redivision ) .of land and for approval of insufficient .
livable floor area of existing principal , building . Location of
Property : 3300 Dignans (private ) Road , . Cutchogue , NY; County Tax
Map Parcel No . 1000-83-02-005.
The Chairman opened thehearing at 8:.16 .p .m. and read the legal
notice of this hearing in its,, entirety and appeal application.
MR. CHAIRMAN : We have a copy of the Suffo.lk . County. Tax Map and
a survey dated December 20 , 1983 ,. indicating the nature of .this
particular parcel to be divided of .approximately, l .2 .acres approxi -
mately 125 ' on Long Island Sound and .-approximately 268 fe t on a
e
private road . Would somebody like to be heard in behalf of this
_application? Mr. _Angel ?
CHARLES CUDDY , ESQ . : He has blond hair , I don.' t... I 'm. Mr. 'Cud'dy.
MR . CHAIRMAN : Oh , Mr. Cuddy, I apologize . -
MR . CUDDY: I really appear on beh,alf .not only of Mrs . K:l.apper
but my partner , Bill Esseks..,_ who handled this f le mast of .the way
and who unfortunately couldn ' t. be here this ev-en-ing. This matter has
been before your board before in connection with a third lot that was
separated off .a period back and actually was an 'access variance . ' The
two lots that are here have been a royed I think pp your records should
show...the Planni- ng- . Board just recently approved this subdi vi si ori . The
subdi:visio-n itself - is si._mp'ly an existing house that has 2 ..2 .acres and
. _another house that has, 1 . 2 acres . It certainly cannot upset the board
because the houses have been there for -years and years . Mrs . Mapper
has indicated to me that when she bought it , she understood. that she
was buying what amounted to three lots . Apparently, 'there has been
some confusion going back and forth between this board , the Planning
Board. It went to D. E.C . They have . approv,al from all the boards and
now they look for. -your board ' s. approv.al . I _would ask at this time
based upon the Planning Board ap_.proval_, based upon the area ,. i.t.'.:s;.7
small area but .in ' very large area , that the board and based upon
the_ history , 'deed'w.ise.:th,is property , and sometimes it ' s. unmerged
and then un-fortunately they ' re back-_ in the same name , that the board
as a matter of justice grant the application . And Mrs . Klapper is
here as wel 1 _as- Mr. Klapper to answer any questions - of, .you ._--
MR. CHAIRMAN: Could you tell me the approximate square footage
of the studi o in question and the nature of.._a portion of .this_-- appl.._i ca-
tion--
MR. .CUDDY : I understand it ' s. somewhere between 250 and 300 sq . ft .
Southold Town Board of Appeals -14- September 1j , 1984 Regular Meeting
(Appeal No . 3267 - CONSTANCE KLAPPER , continued : )
MR . CHAIRMAN : As it ' s presently rented at this ti.me .as a yearround
structure?
MR. CUDDY : Yes . And it has been that way for years .
MR. CHAIRMAN : As you know , it has not been the nature of this board
in situations like this to grant undersized structures-- I ' m still referring
to it as a structure and not a dwelling , of this nature . This board has
not deliberated upon this , and so .I don ' t know what the feeling of the
board is , ok? The closest one that I can recollect is one that we had
divided in Laurel last year , and that building was approximately 750 sq .
ft. The board so indicated that that building. had to be brought up to
850 sq . ft . As I said , I ' have. not discussed this application with the
board at this particular time . Do the Klappers have any idea how long
this building has been in existence?
MR . CUDDY : They could testify to that . Mr. Klapper.
MR. KLAPPER: It was there long before we bought our lot . I haven ' t
been able to find out exactly when , but it has been there and rented over
the years . It has everything in it.
-MR. CHAIRMAN : It has a separate well , Mr. Klapper?
MR. KLAPPER: Yes-- no , it has a separate cesspool . The well is
connected to our well . But there are separate pipes involved. We have
a large well.
MR . CHAIRMAN : How is it heated , Mr. Klapper?
MR. KLAPPER: It ' s oil , hot air.
MR. CHAIRMAN : Does it have a basement?
MR . KLAPPER: '. It has a four or five foot crawl space . It' s a solid
building . It ' s insulated . And i.t has been used all the time . What our
intentions , what we did when we first bought the property , we sold off
the original piece and from the same map that when we bought it that was
given to us , the same survey. When the Zoning Board of Appeals approved
selling off that first parcel and we have to improve the road , which the
Zon.ing Board of Appeals and the Building Department approved, we were.
under the impression that we had the other two separate . We didn ' t know
anything about it not being separated until the two-acre zoning was
imminent , we tried , we put the second parcel--they were both in my wife ' s
name , and we. put the second parcel i.n my name , we found out that it had
never been subdivided. Until that point , about eight or nine years , we
thought that it had been separate . What we always intended to do was
the house on the two acres is a large house , we ' re only the two of us ,
so we always intended and still do that it , you know , at the time that
we retire we would sell the large parcel and expand the small house and
live there . And we still intend to do it. As I said , I always expected
Southold Town Board oT Hppeals - 15- September 13 , 1984 Regular Meeting
(Appeal No . 3267 - CONSTANCE KLAPPER, continued : )
MR . KLAPPER (continued) :
that these were three parcels when we had one sold off.
MR. CHAIRMAN : Going back to the structure again which you refer to
as the studio on this map , is there any C of 0 or. anything from the
Building Department that you received on that?
MR. KLAPPER: I have a C of 0 on the entire thing which says , the
best I can recall , says a house , a cottage , with the cottage on the
second parcel , and there ' s a C of 0 on that.
MR. CHAIRMAN : In other words , the original C of 0 said that ,
referred to this studio as a cottage?
MR. KLAPPER: Yes .
MR . CHAIRMAN : All right. I thank you very much , Mr . Klapper .
MR . KLAPPER: Thank you .
MR. CHAIRMAN : Do you have anything to add to that , Mr . Cuddy?
MR . CUDDY : If it would help .the board , we could submit an affidavit
indicating the date of construction the best we can-. determine it , for
the smaller dwelling which is on the second lot. We believe that
dwelling has been there for years prior to the zoning ordinance . They
have a preexisting use certificate asJ' i.nd.icated ',..on the existing larger
parcel , and on the basis that we can do so , I think that would support
the preexisting use .
MR . CHAIRMAN : Would you like me to close the hearing then after
further testimony , and then you ' ll give us that some time later?
MR. CUDDY : Yes .
MR. CHAIRMAN : Ok . So then therefore when I do close the hearing
I ' ll close it pending that particular receipt .
BUILDING INSPECTOR LESSARD: Mr. Chairman , if I may throw some light
on the whole thing . Originally , the first piece was bought in 1967 , ' 66 .
The second piece was bought _in 1967 . The third piece was bought in ' 72
I believe , and the people got a set-off, I believe that '. s what you ' re
referring to with your 280-A, at the time that second building originally
was an art studio , and th- 1975 ehbuilding permit was obtained and a C . O .
that it converted to a cottage . And that ' s where it stands . He has a
C. O. for that as a cottage . It was converted from an art studio as it
was so-called originally way back . Before zoning by the way .
_ MR. CHAIRMAN : Could you furnish us with a copy of that , Mr. Cuddy?
Is that what you can ' t .find , Mr. Klapper?
Southold Town Board of Appeals -16- September 13 , 1984 Regular Meeting
(Appeal No . 3267 - CONSTANCE KLAPPER, continued : )
MR . C.UDDY : The C. O : ? This ' is . a .copy of the Certificate of Occupancy
for the purpose of the record , Z6523 , June 13 , 1975. It says , " Private
one-family dwelling with accessory garage and a studio cottage . " I ' ll
hand this up to the board.
MR. CHAIRMAN : Is that a copy that we can keep?
MR. CUDDY : Yes .
MR. CHAIRMAN : Thank you . (Copy of Z6523 , June . 13 , 1975 Certificate
of Occupancy submitted as.,part of the record. )
MR . CHAIRMAN : Is there anybody else that would like to speak in
behalf of this application? Would anybody like to speak against the
application? Questions from boar..d members? (None ) Anything else , Mr .
Lessard?
B . I . LESSARD: No .
MR . CHAIRMAN : Thank you for your input.
B . I . LESSARD : To make it so there ' s no confusion .because the property
was bought at three different times , the people that owned it was under
the impression that they had three separate lots , ok , and at the time the
studio was on a second lot but it was purchased at a different time , that ' s
why they were under that impression . And then they merged together , and
that ' s when they found out they didn ' t have what they thought they did .
MR . CHAIRMAN : Can I just ask you , Mr . Lessard , what is your deter-
mination of studio and guest cottage as being a part of this C. O. What
are your feelings concerning this , as a permanent structure?
B . I . LESSARD: As the plans were submitted , the building permit
indicated to be a yearround dwelling , and I believe in ' 75 the 850 sq .
ft . requirement was not in effect , so probably that ' s why it i.s the
size that it is . Actually it is a second dwelling , period . You know,
call it a cottage because it' s small , but it is actually a one-family
dwelling .
MR. CHAIRMAN : I hope you don ' t mind this interrogation , but we are
just trying to get the history on this , which you would only get this
way if we couldn ' t have this discourse . We would still be confused.
Did you want to say something , Mrs . Klapp.er?
MRS . KLAPPER: I just wanted to add . that ; when we purchased the
property there was someone living in the studio . They left , and we
used it for one summer , and then since them it for about the last six
years , a school teacher has been living there and she was living with
her son who just went off to college .
MR. CHAIRMAN : Thank you very much . Are there any other questions
from anyone concerning this application? (None )
Southold Town Board or appeals - 17- September 13 , 1984 Regular Meeting
(Appeal No . 3267 - CONSTANCE KLAPPER, continued : )
MR . CHAIRMAN : Hearing no further questions , I ' ll make a motion
closing the hearing pending receipt of a sworn affidavit concerning
this Structure or cottage .
MEMBER SAWICKI : Second
On motion by Mr. Goehringer , seconded by Mr . Sawicki , it was
RESOLVED to close the hearing pending receipt of an affidavit con-
cerning the use of the "studio-cottage" structure .
Vote .of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Doyen . This resolution was adopted by unanimous vote of
all the members .
At 8 : 35 p .m. , motion was made by Mr . Goehringer , seconded by Mr .
Sawicki , and duly carried , to recess for five minutes .
At 8 : 43 p .m. , motion was made by Mr . Sawicki , seconded by Mr.
Goehringer , to reconvene the Regular Meeting .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Doyen . This resolution was adopted by unanimous vote of
all the members .
,:PUBLIC_=HEARING: Appeal No.. 3242 . In the Matter of .
HENRY - DOMALESKI for Variances : (a ) to New York Town Law , Section
28 -A for approval of access , and (b ) to Article III , Section 100-31 ':
for approval of w:i-dth . R-0-W off N/S Oregon Road , Cutchogue ; 1000-095-
01 -part of 11 .
The Chairman opened,.-the hear'ing��At 8:.44 _p .m. - and read the legal
notice of hearing in its entirety and appeal application .
MR. CHAIRMAN : I have a copy of a survey prepared by Young and
Young dated February 28 , 1984 indicating a right-of-way of _some great
length , and Lot #1 containing 1 . 949 acres and Lot #2 of 2.. 051 acres ,
and I have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area . Miss Wickham, would you like to
be heard in behalf of this application?
ABIGAIL WICKHAM, ESQ . : Thank you . I don ' t have too much to say
other than the fact that this farm _is only 300 feet wide and that
creates a hardship . You just can ' t get two 175_ foot lots without
doing a lot line . ' It seems unfair to require just one waterfront lot
of 300 feet in width when 160 feet really is more than adequate to
construct a residence , and we have gone.- south far enough to create the
Southold Town Board or Appeals -18- September 1j , 1984 Regular Meeting
(Appeal No . 3242 = HENRY DOMALESKI , continued : )
A. WICKHAM (continued) :
required two-acre zoning lot . With regard to the access , I ' d. just like
to note that there is a. proposed 25- foot right-of-.way a,ll the way up
from Oregon Road . Glen Court which.. is in _the, Birch- H _,,i1._1 Subdivision
to the east is a private road and consent has not been obtained from the
owners in that subdivision to use that road, so that ' s why were _providing
for a private 25-foot road .
MR . CHAIRMAN : Ok . Wh,ile' y.ou ' re up there , let me tell you what has
transpired. We , as you know, 'a_lways send out the. Town En_gin_eer on these
private roads . We have not' done . that in this partic.ular .case because of
vacations and so on and so forth at this particular time , but we will
contact Mr . Davis in the very near future . I would, like to recess this
hearing until such time that we get his report because it may not be
forthcoming .by the t;i.me we -have _to make a decision and I would like to
recess this..until possibly the next reg.ula.rly scheduled meeting._, and
then reopen it at that particular time_. __ Of._ course , I ' ll take any testi -
mony tonight i'f:;.anybody would like to--.add to this application . _ .However ,
as you know we don ' t deal with this until we deal with the engineer ' s.
report-- I say we don ' t deal with that, we don ' t. ._de.al with the nature of
the condition of the right-of-way until such time that we have the
engineer ' s report which we don ' t have _at this time . So , do' .you have
any objection to that ,
MIsS WICKHAM: If that could go on the next meeting , that would
be acceptable .
MR. CHAIRMAN : Ok . Is there anything else you would like to add?
MISS WICKHAM: No . I have nothing else to add.
MR . CHAIRMAN : Would anybody else like to speak in behalf of this
application? Anybody to speak against the application? Questions from
. board members? _(None ) Hearing .no-Yfurther questions , I ' ll make the
motion recessing this particular application until the next regularly
scheduled meeting .
On motion by Mr. Goehringer, seconded by Mr. Sawicki and Mr . Doug-
lass , it was _
RESOLVED , to recess Appeal. No . 3242 , matter of 'HENRY 'DOMALESKI
until the next Regular Mee.ting_ of the board .
Vote of the Board: Ayes : Messrs . Goehringer, Doyen, Grigo.nis ,
Douglass and Doyen . This resolution was adopted by un_ani_mou_s. _vote .of
all the members, _..
Southold Town Board of ..ppeals -1.9- Septembe 3 , 1984 Regular Meeting
PUBLIC HEARING: Appeal No . 3269 . Upon application of THOMAS AND
JACQUELINE OCCHIOGROSSO , 77 Vanderbilt Boulevard , Oakdale , NY_ (6y
Scheinberg , DePetris and Pruzansky) for a Variance to the Zoning Ordi -
nance , Article III , Section 100-31 for approval of the construction
of a new one-family dwelling with - an insufficient frontyard setback
of 121 feet (reduction of that granted under .Appeal No . 3031 , 1 /27/83) .
Location of Property : 1580 Corey Creek Lane , Southold , NY ; Corey
Creek Estates Filed Map #4923 , Lot 28 ; County Tax Map Parcel No .
1000-78-04-019.
The Chairman opened the hearing at p .m. and read the legal
notice of hearing in its entirety and appeal application .
MR. CHAIRMAN : I have a copy of a survey of August'. 23 , -: 1981 , and
then further amended to July 6 , 1984 , indicating the size of the parcel
in question referred to as Lot No . 28 of Corey Creek Estates , and
indicating the lap measurements , the size of the concrete existing
foundation which lies approximately 122 feet from Corey Creek Lane .
I have a copy of the Suffolk County Tax Map indicating this and sur-
rounding properties in the area . Would you like to be heard in
behalf of your application?
JANET GEASA, ESQ . : Good evening . My name is Janet Geasa . I am
associated with Scheinberg , DePetris and Pruzansky . All that informa-
tion in the application was to present you with the background of the
case . As you can see in the papers submitted , the Occhiogrossos have
come up again with an extreme case of practical ,difficulty in building
on the property . First of all , the virtue of the fact of the shape of
the property itself. Corey Creek Lane goes around the property on two
sides , and in turn it goes down to the south . Therefore , the property
is _preserted with basically two frontages , therefore , you have to keep
the house b6ck off the front pieces of the property. . In addition ,
there ' s the water south of the property , meaning that the house has
to be kept back from the mean high water line there . On the western
portions of the property , you have the wetlands , and has been explained ,
the Environmental Agency ' s concern has indicated to the Occhiogrossos
that they want to keep him at all costs off the wetland on the western
portion .of the property . Therefore , the Occhiogrossos .cannot build
their house under the terms of .the prior variance . As indicated before ,
as the D. E . C . told Mr. . Occhiogrosso that he should push the house as
easterly as possible . They gave him a setback of,,,-variations of
setback of 13 feet from the eastern property line . The Department of
Health also approved that location and stamped their approval on the
maps with the 13 ' setback . Subsequent to the Zoning Board' s granting
of the prior variance for a 20 ' setback , Mr . Occhiogrosso went to the
Town Wetlands . They also gave him a 13 ' setback , so as you can see it
was quite confusing to the Occhiogrossos .-:...'. We'.all know that when .a}] .
conflict occurs , the Zoning Board shall supercede all others ; however ,
'Southold . Town Board of Hppeals -20- September 13 , iv84 Regular Meeting
(Appeal No . 3269 - OCCHIOGROSSO, continued : )
MS . GEASA , ESQ . (continued) :
they were. unaware of that. I would like to say also that the present
request is reasonable in that the . house is reasonable in size ; it fits
in the general character of the neighborhood. It' s not an overly large
house . . It ' s a .very .reasonable sized house . The garage which is on
the normally northeasterly portion of the house is a reasonable request .
It ' s not unusual for any house to have a garage on it . I would also
like to state that most of the building- that is being constructed is
in compliance with the variance , 20 feet back from the street. The
house itself is 20 feet back from the street. If. °t .weren ' t for the
turn in .that particular area , the whole structure would in fact. be
20 ' back . In addition , the setbacks that we ' re requesting would not
adversely affect the area . As I said only a- small portion of the house
is in violation . I would like to point out that the setback requested
will not harm anyone in the area . : The only lot that would be affected
would "be directly across the street. That lot is all marshland ,
presently vacant , and it ' s my understanding that it would not even
be a buildable piece . It ' s all wetlands in there . And that is really
the only other problem that would be affected by this request .
In addition , I would like to explain that Mr . Occhiogrosso , as I
said before , proceeded -- he did violate his prior variance , but he
did so out of confusion over whose ruling to follow. I.t has been
stated by other people in addition to myself after reviewing all the
. papers , that it would be much easier if this was a unified procedure
and that all the agencies involved to get together and issue one
ruling ; however , it ' s not. And Mr Occhiogrosso did go to the Town
Wetlands for:-the town wetlands permit after the Zoning Board issued
the prior variance , and they told him 13 feet was fine . He assumed
that was the last ruling on the subject. . . I thihL th :s- indicates that
the Occhiogrossos had made a good faith effort to comply with every
agency that' s necessary to comply with . They have been going back
and forth on this now since 1979. Every,:t.ime someone told them to
go somewhere , they went there , and asked where should be build the
house , - and they were told different things , .and they followed the
last piece of advice that they got . I think it ' s clear that they
would never have proceeded purposely in violation of the zoning board
simply by virtue of the fact that it had had problems with the town
before with regards to the fill of the property . The town building
inspector had been down several times , therefore indicating that the
Occhiogrossos knew what was going on and the property was being watched.
Therefore , it would be quite foolish of them and financially wasteful
to go ahead purposefully in violation of their prior variance .
I would also like to say that they should not be punished by
the zoning board for having made a mistake since we believe we have
reasonable grounds for, the request I am making , I don ' t think it
should be held against them , that they made a mistake and they were
in violation of their prior variance .
Southold Town Board o-c .ppeals -21 - September 1984 Regular Meeting
(Appeal No . 3269 - OCCHIOGROSSO, continued : )
MS . GEASA, ESQ. (continued) :
Finally , I would like to indicate that i..f. .the Zoning Board does
approve this variance request , all the agency rulings will be in
compliance , and if they don ' t , I_ really don ' t see how it would be
possible that they could build any house on the lot given the size
of the lot and the surrounding area . They would be pushed right
back into the wetlands and therefore would be in violation of the
D. E . C . ruling and the town wetland:: .
MR. CHAIRMAN : Thank you . Is there anyone else wishing to be
heard in behalf of this application? ( No r.esponse . ) . Would anybody
like to speak,., against the _application? (No response . ) Questions _
from the board members? (None ) Do you have anything further ,
Counsellor, you would like to say? (None ) Hearing no further
questions, I ' ll make a motion closing the hearing and reserving
decision until some time in the near future .
On motion by Mr. Goehringer , seconded by Mr .
RESOLVED, to close the hearing and reserve decision in the
matter of Appeal No . 3269, for THOMAS AND JACQUE.LINE -000H.IOGROSSO%
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Doyen . . This resolution was adopted by. unanimous vote of
all the members .
RECESSED HEARING from July .26,, *1984 : H.E.NRY Pm SMITH 'by Philip J .
Ofri as-- Es'q This matter was rea.dverti s.ed in'-the Suffo.l_k Times and
L" ,:I'.. Tray.e.l_er-Watchman . No one appeared ,either in - behalf .or against
the application , and inasmuch as ._the. .board.::.members ' had questions to
ask of the applicant and his attorney ,: the f.o.11o-wing resolution was
adopted: _.. _..
On motion 'by Mr . Goehringer, seconded by Mr . Sawicki , it was
RESOLVED - to 'fur,ther. 'recess Appeal. .No . 3206 , An .the matter of
HENRY ..P . SM.ITH wi.tho.ut date at this time. in - order .to al l ow. .the
appl._i"cant and:- his . attorney, to be present. for :,:questions. before closing
the hearing .
Vote of the. Board : Ayes Messrs . Goehrin.ger, Doyen,, Grigo.nis ,
Douglass and Doyen . . This resolution. was adopted 'by_ unanimous vote. '_of .
all the members-.
PUBLIC HE"ARI`NG : Appeal No. .3200 .. ROBE.RT -'E.NT.ENMA.NN 'by. Abiga'il ' A.
Wickham , Es'q . Variance to the Zo.ning. Ord. nance 'Arti.;cl,e III, Section
100-.31 Bulk Schedule , for appr. ov.al of i"nsuffi,cient area and_ width 'of
parcel to be set-off, n._.this ._proposed three_-_lot subdivision "of land
located at the north side of _Sound 'Avenue, M_atti'.tu.ck , 'NY Caunt,y. Tax
Map Parcello. 1000:-112-1 -7 .
Southold Town Board of Appeals -22- September 13 , 1984 Regular Meeting
(Appeal No . 3200 .- ROBERT ENTENMANN , continued : )
The Chairman opened the hearing at 9 : 00 p .m. and read the legal
notice of hearing in its entirety and appeal application .
MR . CHAIRMAN : I have a copy of the Suffolk County Tax Map indicat-
ing and surrounding properties a_nd a copy of. a survey prepared by
Roderick VanTuyl , , P . C. August 23 , 1983. .indicating Parcel #1 of
approximately 1 .239 acres , 75 ' by 722 irregularly ; and the other two
parcels as mentioned in the application . Mi-ss __Wickham , would you like
to be heard in behalf of this application? -
MISS WICKHAM: The lots that you see on the tax map to the east of
the property was apparently cut out many years ago. leaving the 75 ' strip
that goes up to the Sound . The immediately adjoining. lot to the east-Js
75 feet . There are others both in that. section and further to the east
which are about 100 feet wide . Without this variance , that. 75 ' is really
worthless because you ' d. be losing that as a buildable parcel and it ' s not
suitable for farming which .is the use .that ' s. being _.p.ut on the,,--rest of the
property . When I was in front of .the Planning- Board , they discussed_- the
possibility of' increasing. the size 'by -making .an "L-shaped" appendage to
the south and that was decided against because it really wo.uldn ' t. create
a functional lot. You ' d, have a _useless portion and also the_. right-of-way
does cut right through it there . ' So it would really _be a meani n,gl es_s_
exercise for the sake of .getting additional.._. acreage , square footage . One
thing I know the board is concerned about is precedence whenyouu _create a
lot this size . The far.ms. to the east and ihe. west have not been divided
up yet . I don ' t think you would be creating a precedent there because
they don' t have a hardship . There is enough. acreage to create enough
Lots there of sufficient size - and. length . .. This just happens to be a
remanent of a very old division way .before the time they required this
amount of width and area .
MR. CHAIRMAN : Do you offer any suggestions concerning the right-of-way?
MISS WICKHAM : That again was discussed y q-uite . extensive] with - the
Planning Board . - What--the way the right-o,f=,w;ay ,wo.rk,s., from Sound Avenue
up about halfway it is a common right-of-way with the . farm to the east,
now owned by Mr . Simmons , and there .is an 8-" easement on-.each farm.
t After that midway poin , the 'two right=of-,ways split off.. The_-_PI an.ni ng
Board wanted to see 25 ' total width_ all the -way 'up. What we.`re doing
now is discussing that with Mr. Simmons , Mr . Entenmann and Mr.. Harbes ,
who is buying the farmland here on Parcels -2 and 3 ' We ' ve asked Van
Tuyl to go out before .we do amend the maps to show_ .exactly .where the
trees and the roadway are on the ' Simmons' farm to the east . There is
a house about halfway up and we ' re concerned that if ,the 'roadway is
widened there towards the house they ' re goin.g to be.._impacting on the
privacy of ,that house and also possibly ._re.qu_iri.n.g the cutting out of.:
quite a few trees . So we..want the surveyor to show exactly wh.ere every-
thing is located so that we can discuss 2-5 feet being- widened out to
the west at that particular point, "and once that ' s. b_een resolved , the
road would be 25 feet , as far as the right-of-way. I understand the
Planning Board indicate that the improved wi o dth -wuld pro.b.ably again be
15 feet . - - - - . J .
Southold. Town Board of Appeals -23- September 13 , 1984. Re.gul.ar Meeting
(Appeal No . 3200 - ROBERT ENTENMANN , continued: )
MISS WICKHAM (continued) :
Part of the right-of-way is within the subdivision and part of
it is not. I think that they would have to look at it because it is
partially outside the subdivision , and they are intending to make
a determination on it .
MR . CHAIRMAN : Well , we will have to correspondend with the
Planning Board as to who intends to resolve the 280-a requirements .
Normally , if the right-of-way is outside of the subdivision , i/t is
within the purview of this board.
MR . LESSARD: If you want me to say most of this is in the
Planning ` Board' s jurisdiction , that ' s the way we will handle it .
MR. CHAIRMAN : Just so there is no problem , it would mean that
you would have to reapply to this board for 280-.A if it is not
handled by the Planning, Board , and perhaps the Planning Board could
do it as part of-the subdivision . Thank'.you . Is there anybody
else in behalf of the applicant wishing to be heard? Anyone to
speak i.n opposition to this application? Comments from the board
members? (None ) Hearing no further comments , I ' ll make a motion
closing the hearing and reserving decision pending, deliberations .
MEMBER SAWICKI : Second .
On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was
RESOLVED , that the hearing be - declared closed pending delibera-
tions in the Matter of .ROBERT ENTENMANN under Appeal No . 3200 .
Vote of the. Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
Southold Town Board of Appeals -24- September 'i3, 1984 Regular Meeting
DATE OF SPECIAL MEETING : On motion by Mr. Sawicki , seconded
by Mr . Goehringer , it was
RESOLVED., that A date of Thursday , September 20 , 1984 be
tentatively scheduled for the next Special Meeting of this Board
to be held at the Southold Town Hall , Main Road, Southold , New
York.
Vote of the Board: Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
APPROVAL OF MINUTES: On motion by Mr. Douglass , seconded by
Mr. Goehringer , it was
RESOLVED, that the Minutes of the following Meetings are hereby
approved as submitted :
Regular Meeting of August 23 , 1984 ;
Sper .Al. Meeting of July 3 , 1984 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous vote
of all the members .
The board discussed the abundance of files which are ready
for public hearings due to actions by the other agencies , and the
board members unanimously agreed that additional help is needed
and that perhaps hiring an evening stenographer fo,r the verbatim
minutes of the hearings would be the most helpful at this time .
The Chairman would request an appointment with the Town Board for
the next available meeting .
DATE OF NEXT REGULAR MEETING: On motion by Mr . Douglass ,
seconded by Mr . Goehringer, it was
RESOLVED, that the date , time and place of the next Regular
Meeting of this board is scheduled for THURSDAY , OCTOBER 4 , 1984
commencing at 7 : 30 p .m. , Southold Town Hall , Main Road , Southold.
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was unanimously adopted .
Southold Town Board or Appeals -25- September 1984 Regular Meeting
RESERVED DECISION : Appeal No . 3260 :
Upon application of JOHN GIANNARIS AND OTHERS , by D. Kapell , 400
Front Street , Greenport , NY for a ariance to the Zoning Ordinance ,
Article XI , Section 100-112 (H ) for permission to use adjacent easterly
premises of the Village of Greenport of . 765 acreage for parking acces-
sory to the snack bar use existing on the parcel presently owned by
the applicants also located at the north side of Main Road , East Marion ; .
County Tax Map Parcel No . 1000-35-2-14 and No . 1000-35-2-15 . 1 ; see Site
Plan revised 5/4/84 and 5/30/84(further amended 8/9/84 ) . __.
The public hearing on this matter was held on July 26 , 1984 , at
which time -the hearing was declared closed pending receipt of the
lease agreement between the applicants and the Village of Greenport
and receipt of the additional copies of the Amended Site- Plan for
referral to the Suffolk County Planning Commission . The Village lease
was received September 10 , 1984 . The board deliberated September. 13 ,
1984 and made the following findings and determination :
This is an appeal from the June 15 , 1984 Notice of Disapproval from
the building inspector for permission to build a parking lot on property
leased from the Village of Greenport to the applicants herein executed .on
the loth of May , 1984 . The leased premises consists of a parcel of land
located at. the. north side of_.Main Road , abutting the "Hellenic Snack- Bar"
premises on the west side a_nd , containing an area of . 765_ _acreage , and is
located in the "A-Residential and Agricultural " Zoning District, fronting
along the Main Road 120 ..81 feet.
Article III , Section 100-112 (H ) of the Zoning Code and the relief
granted hereunder requires continued maintenance of the required number- of
spaces either through the existence of .such use to which these are acces-_.
sory , or until such. spaces are provided elsewhere . The uses to which
these parking spaces are accessory are shown on the Site Plan most
recently revised 8/9/84 , prepared 'by Kontokosta Associates . Since the
parkin_g_. lot to be leased by the applicants is not in the same ownership
to the use to which it is accessory , it should be understood that in the
event the lease is terminated , the applicant- must return to the Planning
Board for a new Site Plan submission and reconsideration thereunder .
Also , in considering this application , it is the recommendation of
this board that the existing ingress located at the easterly end of the
snack bar , along the north .side of .the Main Road , should be relocated
further to the _east of the subject accessory parking 1_ot , and _that same
should have a minimum width of 18 feet. This recommended relocation
would be near the access area presently used by the Village and would
extend through the Village parcel for _.parking ._. One of ,the, board ' s:
concerns with the ingress p_roposed._ by applicant is customers walking
from the parking area across the entrance route to the snack bar .
Southold Town Board of Appeals -26- September 13 , 1. 984 Regular Meeting
(Appeal No . 3260 - JOHN GIANNARIS , ET AL . , continued: )
Vehicles entering at that point may not see persons walking directly
into them from the accessory parking area .
The board members are each familiar with the sites in question
as well as the surrounding area . It is also noted for the record
that the Planning Board has granted conditional approval at its
September 10 , 1984 Meeting of the 8/9/84 Amended Site Plan , which
has be.en made apart of this file . The Village of Gree_nport ten-year
lease agreement has also been made part of this file .
Now , therefore , , on motion by Mr . Goehringer , seconded by Mr .
Sawicki , it was
RESOLVED , that Appeal No . 3260 , in the matter of JOHN GIANNARIS ,
ET AL . for permission to build parking lot accessory to ,_the Hellenic
Snack Bar ;. 'BE 'AND 'HER.EBY IS 'APPROVED SUBJECT TO .'THE FOLLOWING : ,_
1 . Extension road or drive from rear of snack bar/restaurant
be fenced along both sides with chainlink or split rail not to exceed
four-feet in height (as a safety precaution ) ;
2 . A barrier be erected across the front of existing parking
area at front .of snack bar/restaurant approximately three feet inside
front property line to eliminate parking in front of existing snack
bar (with or without proposed improvements to buildin.g ) and __more
particular depicted on survey marked in red ink i._nitialed by the
Chairman 9-13-84;
3 . The recommendation to eliminate existing ingress between
snack bar and subject parking lot ;by moving the ingress further to the
east of said parking lot ;
4 . That the words "NO PARKING" be painted in the gutter area
along the street pavement at the egress and ingress areas .
Location of Property : North Side of Main Road , East Marion , NY;
County Tax Map Parcels No... 1000-35-2-14 anal No . 1000-3.5-2.15 : 1 .
Vote of ,the Board. Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was adopted by unanimous _vote'
of all the members .
Southold Town Board of Appeals -27- September 13 , 19.84 Regular Meeting
RESERVED DECISION : Appeal No. 3262 :
Upon application of .J :Pe HUBERMAN , 2 Linda Lane , Setauket, NY (by
I . Price , Jr. , Esq . ) for a Variance to the Zoning .Ordinance , Article III ,
Section 100-30 (C) for permission to establish home occupancy , to wit : ,
physician office , within a one-family residential building exceeding 30%
of the maximum-permitted first floor area , at 41505 C. R. 48 , Southold ,
NY; County Tax Map Parcel No. 1000-059-03-023 .
The public hearing on this matter was held .earlier this evening ,
at which time the hearing was declared closed pending. deliberations .
The board made the following findings and determination :
This is an appeal from the June 20 , 1984 Notice of Disapproval
from the building inspector concerning an application to construct a
new , one-family dwelling with phyisician ' s office on the entire first
floor of 2 ,300 sq : ft. in area . The premises in question is located
in the "A-Residential and Agricultural Zoning . District at the north
side of County Road 48 , Southold.., is vacant and contains an area of
approximately 42 , 900 sq . ft. with 132 . 17 ' frontage along the County
Road . The subject parcel is bounded on all sides by residentially-
agriculturally zoned properties . Approximately 200 feet to the. west
of this parcel is a parcel of land _zoned "B-1.. Genera1 Business" ; and
further west of Kenney ' s .Road _are premises zoned "B-_Light Business . "
Article III , Section 100-30 ( C) E1 ] (c) of the Zoning Code provides
that a home occupation shall not exceed 30% of the area of one floor of
the main building , and the home occupation shall be incidental to the
residential use of the premises and shall be carried on in the main
building by the resident therein with not more than one nonresident
assistant . Article III , Section 1.00-112 (A) requires a minimum of
five parking spaces per each physician. Thirty percent of the greater
floor area , (first floor) is 690 sq . ft. , the maximum permitted by
the zoning ordinance without Board of Appeals approval . Applicant
is requesting 2 ,300 sq . ft . , the entire first floor of this proposed
one-family residence structure , which is substantially more than 100%
of a variance of these regulations . Applicant has assured the bo._ard
that this structure will be used at least 50% of the time as a resi - .
de.nce by himself, and .that the structure will not be occupied or
leased 'to others for residential purposes . _Applicant has also
indicated that the design of this dwelling may be changed. It should
be understood that a change in the square footage or percentage of
use of the home occupation and residence should be resubmitted for
reconsideration if the home occupancy is more-. than that permitted of
that one floor allowed by this decision , or 1500 sq . ft . , whichever
is less .
The board members are familiar with the site in question as
Southold Town Board o1. ..ppeals -28- September 1984 Regular Meeting
(Appeal No . 3262 - J . P . HUBERMAN , continued : )
well as the surrounding neighborhood. Also , the board members have
taken into consideration the testimony a_nd documentation both in,
support and in opposition to this application . For the record , it is
noted that a 28-name petition has been submitted in opposition to
the application .,
Although this parcel is vacant . and the difficulties or hardship
claimed. by the applicant are self-imposed and "significant economic
injury" has not been proven , the board does agree that 690 sq . ft . of
area , 30% of this first floor area , is minimal . The board also
agrees that some relief should be granted , that relief would not
produce a change on the character of the immediate neighborhood
since there are businesses ne.arby , . that the principal use of this
structure is one-family residence , with this home' occupation as an
accessory use , and therefore the public health , safety and welfare
will be served by allowing certain relief, as noted below.
Accordingly , on motion by Mr . Douglass , seconded by Mr . Doyen ,
it. was
RESOLVED , that Appeal No . 3262 , in the matter for J . P . 'HUBERMAN ,
BE 'AND 'HEREBY IS -GRANTED , SUBJECT TO THE -FOLLOWING-CONDITIONS :
1 . That the home occupation use shall not exceed 65 . 2% of
the first floor area (in no event more than 65 . 2% of the requested
2 ,300 sq . ft . , or 1 ,500 sq . ft . maximum) ; unless further authorized
by this board ;
2 . That the home occupatio.n is limited to one practitioner
(and his assistant ) ; ,
3 . That the principal building must be practitioner ' s
residence (no rental or occupancy for residence by others );
4 . No expansion of the home occupation use , or the principal
building without the express written consent of the Zoning Board of
Appeals after formal application .
Location of Property : 41505 C. R. 48, Southold , NY; County
Tax Map Parcel No . 1000-022-02-.01 .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis
Douglass and Doyen .
ENVIRONMENTAL DECLARATIONS : On motion 'by Mr. Goehringer,
seconded y Mr . Sawic i , it was
RESOLVED, to declare Negative Environmental Declarations on each
of the following as noted therein in accordance with the rules and
_requirements of the N .Y . S . Environmental Quality -Review A•ct and Ch . 44
of the Town Code :
Southold Town Board of Appeals -29- SepteniuCr 13 , 1984 Regular Meeting
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3280
PROJECT NAME: ROBERT DeTREY
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article a 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 [ J Unlisted [ )
DESCRIPTION OF ACTION: Variance for insuff. sideyard setback.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 62825 C . R. 48 , Greenport , NY ;
County Tax Map No . 1000-40-1-10 ,11 . .
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 relief requested is a setback or lot line variance, which does
not require further processing, under "Type II" Actions of the State Environ-
mental uality Review Act.
g3) Construction proposed is located more than 75 feet from the mean
high water mark and environmentally sensitive area(s) .
• i
Southold Town Boarca f Appeals -30- September 1984 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3285
PROJECT NAME: JOHN 'AND MARILYN FLYNN
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: . [XI. Type II [ ], Unlisted [ ]
DESCRIPTION OF ACTION:. Frontyard - accessory building ;-
LOCATION. OF PROJECT:. . Town of Southold, County of Suffolk, more
particularly known as: 2250 Little Peconi6- Bay, Boulev_ard , Cutchogue;
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;
rt2)— Relief -requested is no-t- di e-d to new co.nstru-cti-on --
(3) Relief requested is a setback variance, which does not require
further processing under "Type II" Action of the State Environmental
Quality Review Act .
. Southold Town Board of Hppeals -31 - September 1 ,, , 1984 Regular Meeting
(Environmental _Ddcl'arati'ons, 'continued: ).
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3290
PROJECT NAME: GENERAL WAYNE INN
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: [ ] Type II [ )] Unlisted [ ]
DESCRIPTION OF ACTION:. Off' prem: sign
LOCATION OF PROJECT:. . Town_ of Southold, County of Suffolk, more
particularly known as: Cr. of 48 & Akerley Pond Lane , Southold., NY
County Tax Map #1000-69-2-3
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;
-_ (21) _Relief.elief requested is nct_.-di rechl y related to new construction.
(3) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
Southold Town Board or Appeals -32- September- l ;, , 198,4 Regular Meeting
(Environment6lDecl*arations, 'continued.: )
'S.E.Q.R.A'.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3233
PROJECT NAME: McKAY & GREENLY
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: [; -] Type II Unlisted [ ]
DESCRIPTION OF ACTION: Area/width.
LOCATION OF PROJECT:. Town of Southold, County of Suffolk, more
particularly known as: Main St. , New Suffolk, NY
County Tax Map #1000-117-9-1.6
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 property in question-is n he-9ted within 300 feet--.of tidal
wetlands or other critical environmental area.
(3) Relief requested is not directly related to new construction.
Southold Town Board or Nppeals -33- September 1 ,, , 1984 Regular Meeting
(Envi ronme►ital' 'Decl arati bns, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3251
PROJECT NAME: RENATE RIEDEL
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 .simildr..
project.
TYPE. OF ACTION: [ X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: New dwelling w/insuff. setback
LOCATION OF PROJECT:. Town of Southold, County of Suffolk, more
particularly known as: 675 Meadow Lane, Mattituck
County Tax Map //1000-115-5-7
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-
mente as pplanned;
-- r.---.Kpproval has been obtain-ad froli the N.Y.S. Department o_f
Environmental _ Conservation and/or the Suffolk County Department of
Health Services.
(3) The relief requested is a setback or. lot line variance , which
does not require further processing under "Type II" Actions of the State
Environmental Quality Review Act.
Southold Town Board or Hppeals -34- September 1 , , 1984 Regular Meeting
(EnvirOnm2nt6l' 'Decl'arati'ons, 'continued.: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3282
PROJECT NAME: WINDSWAY BLDG. CORP.
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: Insu:ff.- rearyard setback
LOCATION OF PROJECT:. Town of .Southold, .Couhty of Suffolk, more
particularly known as: off North .Bayview .Rd. , Southold, NY
County Tax Map #1000-77-3-25
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;
The property in question-is meted- within 300 feet---of
tidal wetlands or other critical environmental area.
(3) The relief requested is a setback or lot line -variance , which
does not require further processing under "Type II" Actions of the State
Environmental Quality Review Act.
Southold Town Board or Hppeals -35- September 1 ,, , 1984 Regular Meeting
(Environmental 'Decl'arati'ons, 'continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3289
PROJECT NAME: JAMES F. PRESTON
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 simildr.:
project.
TYPE OF ACTION: [ ' ] Type II. [ A. Unlisted [ ]
DESCRIPTION OF ACTION: , Lot area/width.
LOCATION OF PROJECT:. Town of .Southold, County of Suffolk, more
particularly known as: 1190 Hyatt Rd. , Southold, NY:
County Tax Map #1000-50-1—p/0 18.3
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;
( } Separating the project, in -gtxesti6n-f'r-om the waterfront--or
environmental area is a 50—foot traveled roadway.
(3) Relief requested is not directly related to new construction.
. Southold Town Board or Hppeals -36- September 1 . , 1984 Regul.ar Meeting
(Environmental' 'Ddcl'arati-ons, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3288
PROJECT NAME: JOHN WICKUAM -----
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: [ ] Type II [X]. Unlisted [ ]
DESCRIPTION OF ACTION: Relief from Conditions 7 & 8, Appeal #3222.
LOCATION OF PROJECT: Town of .Southold, County of Suffolk, more
particularly known as: Main Rd. , GreenpQrt, NY
County Tax Map #1000-52-5-58
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no. sigriificant adverse effects to
the environment are likely to occur .should this project be imple-
mented as planned;
(-2)- --The property in question--i ucate-d- within 300 feet---of
tidal wetlands or other critical environmental area.
(3) Relief requested is not directly related to new. construction.
-Southold Town Board Of Appeals -37- September 1984 Regular Meeting
(Environmental Declarations , continued: )
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination o•f Non-Significance
APPEAL NO. : 3287
PROJECT NAME: ALFRED 'N : 'AND. BARBARA 'Di'NUNZIO
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article B 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: [: ] Type II [XI Unlisted [ ]
DESCRIPTION OF ACTION:
LOCATION OF PROJECT: Town of Southold, County. of Suffolk, more
particularly known as: Right-of-.Way .off .South Side of Wells Road ,
Peconic , NY ; 1000-75-671 .
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 relief requested is for---a-p-p-r-wal--of access over a -94-± foot
right-of-way , .:which is not directly related to new construction .
(3 ) Approval for construction has been received from the N . Y . S..
Dept. of Environmental Conservation , for which SEQRA compliance was made .
Southold Town Board o , mppeals -38- September 1 ,, , . 1984 Regular Meeting
(EnvironmentalDecl'ara.tions, 'continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3250
PROJECT NAME: J.AMES RICKETTS
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: [ ] Type II [X]. Unlisted [ ]
DESCRIPTION OF ACTION: Two substandard lots.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: W/S Conklin Rd. (Grant Blvd. ) , Mattituck, NY
County Tax Map #1000-139-3-19 & 30
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-y --Separating the project in- cluest.40.n from the waterfront or
environmental area is a 50-foot traded roadway.
(3) Relief requested is not directly related to new. construction.
Southold Town Board 01- Appeals -39- September 1.984 Regular Meeting
(Environmental"DecTarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3286
PROJECT NAME: JOSEPH GRASSO
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: (K, ] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: ND/front- yard.
LOCATION OF 'PROJECT:. Town of Southold, County of Suffolk, more :.
particularly 'known as: NIS Soundview Ave. , Southold, NY
County Tax Map #1000-59-6-3
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;
- �a) ---..The relief requested is-a- - or__lot line variance_,___
which does not require further processing under "Type II" Actions of the
State Environm:en.tal Quality Review Act.
- Southold Town Board o , tippeals -40- September 1 .. , 1984 Regular Meeting
(Env ironniental' 'DOCTa'eations, continued.: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3284
PROJECT NAME: RICHARD W. SLEDJESKI
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: [' ] Type II [X ]. Unlisted [ ]
DESCRIPTION OF ACTION: 6' high fence..
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Cr of 48 &. Moores Lane , Greenport, NY
County Tax Map #1000-40-2-21
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 -property in question---isnez Leered within 300 feet----of
tidal wetlands or other critical environmental area.
Southold Town Board of hppeals -41 - September 1 . , 1984 Regular Meeting
(EnvironmOht61' 'Decl6r6tions, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3283
PROJECT NAME: BERNARD R. DEMPSEY
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: pool in sideyard/insufficient coverage.
LOCATION OF PROJECT:. Town of .Southold, County of Suffolk, more
particularly known as: 5705 Stillwater Ave._, Cutchogue , NY...
County Tax Map //1000-137-4-4
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;
. -- --Separating the project in ques tien-f7re�m the waterfront- --or
environmental area is a bulkhead or concrete barrier in„good condition.
(3) The relief requested is a setback or lot line. variance, which
does not require further processing under "Type II" Actions of the State
Environmental Quality Review Act.
Southold Town Board o , nppeals -42- September l - , 1984 Regular Meeting
(Environmental" "Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3281
PROJECT NAME: EDWARD L. EERRMANN -----
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: DU Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Insuff. sideyard setback-.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: W.S Marlene Dr. , Matti.tuck,_ NY
County Tax Map #1000-144-2-40
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- -�) - he r-elief� requested is _a setback or lot 'line variance_,_---which
does not require further processing -under "Type II" Actions of the State
Environmental Quality Revvew Act.
Southold Town Board o7 mppeals -43- September 1 . , 1984 Regular Meeting
(Environmental' 'Decl'arati'ons, 'continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3277
PROJECT NAME: MARIE PATTERSON
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: [' ] Type II ( A. Unlisted [ ]
DESCRIPTION OF ACTION: Variance for division/lots insuff area.
LOCATION OF PROJECT:. . Town of Southold, County of Suffolk, more
particularly known as: Great Peconic Bay_..Blvd. , Laurel, NY
County Tax Map //1000-128-2-17
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;
---{- ----Separa-ting- the project in gues -ien i om the waterfront:_or
environmental area is a bulkhead or concrete barrier in good condition.
(3) The premises in question is at an elevation of 10 or more feet
above mean sea level.
• V
Southold Town Board o , ,ppeals -44- September 1 ,, , 1984 Regular Meeting
(Environmental 'Decl'arations, continued: ).
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3266
PROJECT NAME: ANTONE & JEAN MILESKA
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: [ 'A Type II [X]. Unlisted [ ]
DESCRIPTION OF ACTION: Insuff. --area & width of -lots.
LOCATION OF PROJECT:. Town of Southold,. County of Suffolk, more
particularly known as: Marratooka Lane, Mattituck, NY
County Tax Map #1000-115-4-9
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;
- --The -premises in question--is—atar -L-1-evation of 10 or more feet
above mean sea level.
(3) Separating the project in question from the waterfront or
environmental area is a 50-foot traveled roadway.
- Southold Town Board oT hppeals -45- September 1 ,, ; 1984 Regular Meeting
(EnvironmentaT 'Decl'arations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 325? '
PROJECT NAME: ALDER STOLLMEYER
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: [ ] Type II [X]. Unlisted [ ]
DESCRIPTION OF ACTION: Insuff -area - lot set=off.
LOCATION OF PROJECT:_ Town of Southold, County of Suffolk; more :
particularly known as: North Sea. Dr. , Southold, NY .
County Tax Map #1000-54-5-45.8 & 45=9
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- at an el€rva-tion of 10 or more---feet
above mean. sea level.
(3) Relief requested is not directly related to new construction.
°7
Souihold Town Board o , nppeals -46- September 1 ., , 1984 Regular Meeting
(Environmehtal' 'Decl'arations, 'continued: ).
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3230
PROJECT NAME: JEAN C. HOLLAND --- .
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 simildr.:
project.
TYPE OF ACTION: [ ] Type II ]. Unlisted [ ]
DESCRIPTION OF ACTION: Re-divide 2 lots / area / width
LOCATION OF PROJECT:. Town of .Southold, County of Suffolk, more
particularly known as: Vanston Rd. , Nassau- Point, _Cutchogue , NY
County Tax Map Parcel #1000-111-10-18 & 1
REASONS) 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- __Approval has been obtained from the N .Y.S" Department of
Environmental Conservation and/or the Suffolk County Department of
Health Services.
(3) Relief requested is not directly related to new construction.
Southold Town Board of Appeals -.47-' Septembert13 , 1984 Special Meeting:.
l .
i
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3273
PROJECT NAME: ACADEMY PRINTING SERVICES
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 044-4 of the Town of Southold.
This board determines the within project not to have a sign.ifi-.
cant adverse effect on the environment for the reasons indicated :
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X) 'Type II [ ) Unlisted [ )
DESCRIPTION OF ACTION: Variance for subdivision of property.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Horton '; s . Lane , Southold , NY;
County Tax Map No . 1000-62-1-2 .
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 property in question is not located within 300 feet
of tidal wetlands or other critical environmental area.
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted by 611 the members .
s
s
Southold Town. Board of .Appeals -48- September 13 , 1984 Regular Meeting
( Environmental Declarations , continued.: )
. Vote of .the. Board : Ayes : Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawi.cki . This resolution- was adopted by unanimous vote
of all the members .
Each of .the following matters were reviewed and noted incomplete
or held in abeyance pending documentation as noted:
Appeal No . 32.15 - Helen and William Coster . Await amended plans .
Appea-1 No. 3035 - C . Georgiopoulos , await further instructi-ons
from appl i cant ' s. attorney_.
Appeal- No. ' 32T6 - Eugene---Davison . Await amended plan and P. B .
Appea-1 No . ' 32-74 - Best , Schmitt , Syverson . Await -P . B. , D.=E . C .
and Co. Health approvals or comments .
Appeal No . 3205 - John- DiVello . Await R-O-W. relocation agreement .
Appeal No . ' 3183 . - -Mary N. Code - Await •app-1 i cati on to P . B . for -
comments and review.
Appeal No . 3214 - Hanuaer and Bagley. Await Health Dept . Art . 6 .
Appeal- No . 31-96 - Walter Hairston-: --Await application -to P . B .-- -for
review and comments .
Appeal No . 3191 - Herbert Mandel . Await further instructions .
Appea-1 No . 3249 Donald Brickley. Await D. E . C . _. & Co . Health Art . 6 .
Appeal No . 3252 - John- Charles and M. Sledjeski . Await D . E. C.
response and Co .. H-ealth Art... 6 .
Appeal No . 3033 - B.-- Crystal . Await requested survey plan .
Julia- K.- Tuthill by Irv-ing L . Price , Esq . File incomp-lete . (No # )
Appeal No . ' 3268 - Julia K. Tuthill . Await -D. E . C . res-p-onse .
Being.'there was:.;rio-_other business properly coming before the
board at .this _time , motion was made by Mr . Goehringer , .seconded by
Mr . Sawicki , and unanimously carried ,__ to _adjourn . ... The meeting ad-journed
at 10 : 35 p. m.
Respectfully submitted ,
— - Li da F. Kowalski , Secretary
'Gerard P . oehr�inger ,/Chairman
Southo.l d Town,._B.o,aFr.d`:of :Appe_dI s.
_November 15 , 1984. -� proved
RECEIVED AND FILED BY
THE SOUi HOLD TOWN CLERK
,Town Clerk, Town of Southo d