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HomeMy WebLinkAboutZBA-05/26/1982 i r% k; \oc,�VFFO(q�406 o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING MAY 26, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Wednesday, May 26 , 1982 at 7.: 30 o' clock p.m. at the Southold Town Hall, Main Road, Southold, New York. . Present were: Gerard P. Goehringer, Chairman; Charles Grigonis , Jr. ; Serge Doyen, Jr. ; Robert J. Douglass and Joseph H. . Sawicki. Also present were: Henry Lytle, Seniors Club of Southold-Peconic, Inc. and Mrs. Shirley Bachrach, League of Women Voters. The Chairman opened the meeting at 7 :30 .o' clock p.m. PUBLIC HEARING: Appeal No. 2980 . Upon application of ROBERT E. and EILEEN G. WALL, Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached two-car garage in the sideyard area. Location of Property: Southwest side of Montauk Avenue, Fishers Island; bounded north by Strunk and Montauk Avenue; east by Kernan and Montauk Avenue; south and west by Kernan (and Alpine Avenue) ; County Tax Map Parcel No. 1000-10-8-13. The Chairman opened the hearing at 7:34 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch indicating the existing house and decks and the proposed two-car garage which appears to be approximately 20 ' by 301. . We also have . a copy of the Suffolk County Tax Map indicating this property and all the surrounding properties in the area. Is there anybody that would like to speak in behalf of this application? Anyone against? Any questions or comments from any board members? (None) MEMBER DOYEN: I would like to make the motion granting this 0 e Southold Town Board of _,_>eals -2- May 26 , 1! Regular Meeting (Appeal No. 2980 .- Robert E. and Eileen G. Wall, continued: ) MEMBER DOYEN continued: application as applied for. By way of explan- ation if you wish -- that' s absolutely correct, what he said. This entire plot of land drops off so severely, that is the only location where he could place the garage. MEMBER GRIGONIS: I' ll second the motion. The board made the following findings and determination concerning the application of Robert E. and Eileen G. Wall in Appeal No. 2980 for permission to construct detached two-car garage in the sideyard area upon premises located at the southwest side of Montauk Avenue, Fishers Island, NY: By this appeal, appellants seek permission to locate an acces- sory 20 ' by 30 ' two-car garage in . the sideyard area with a setback distance of five feet from the side property line and located partly in the frontyard area as indicated on the map submitted with the appeal application. The board agrees with the reasoning of appellants, and the proposed location does appear to be the most feasible and practical, under the circumstances herein. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Doyen, seconded by Mr. Gri.gonis , it was RESOLVED, that Appeal No. 2980 , application of Robert E. and Eileen G. Wald for permission to construct accessory garage structure in the side and front yard area be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Southwest side of Montauk Avenue, Fishers Island; ;bounded north by Strunk and Montauk Avenue; east by Kernan and Montauk Avenue; south and west by Kernan .and Alpine Avenue. County Tax Map Parcel No. 1000-10-8-13. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig- onis , Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of repeals -3- May 26 , -982 Regular Meeting Y PUBLIC HEARING: Appeal No. 2978. Upon application of ROBERT W. GILLISPIE, JR. , 15345 Main Road , East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to increase fenced area around frontyard pool to a height exceeding the maximum-permitted four feet. Location of Property: 15345 Main Road, East Marion; bounded north by L. I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie; County Tax Map Parcel No. 1000-23-1-5. The Chairman opened the hearing at, 7 :37 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We .have a copy of a sketch indicating the enclo- sure and increased size that Mr. Gillispie is asking for in this application. We also have a copy of the Suffolk County Tax Map which shows this property and includes all the surrounding proper- ties in the area. Mr. Gillispie, would you like to say something in behalf of this application? MR. ROBERT W. GILLISPIE, JR. : Nothing that isn't in the application, sir. I'm surprised that you' re not in the other room. What happened? How long has this been going on? MR. CHAIRMAN: Tomorrow there is a temik meeting, and we had tried to flip-flop some of the meeting dates in the months of March and April, approximately four to -five meetings -- almost to this particular meeting, which were on Friday nights to see if that would help at all. MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of the application? Is there anybody wishing to speak against the application? Any comments from any board members? MEMBER DOUGLASS: I ' ll make a motion that this be approved as asked for. MEMBERS DOYEN AND GRIGONIS : Second. Southold Town Board of ppeals -4- MLz 26 , 1982 Regular Mtg. (Appeal No. 2978 - Robert W. Gillispie, Jr. , continued: ) The board made the following findings and determination: By this appeal, appellant seeks permission to extend the five-foot high fencing 12 ' by 32 ' around the existing pool which is located in the frontyard area. The proposed fence extension will leave a 300 ' setback from the Main Road and is practical and reasonable under the circumstances. The parcel in question has erected thereon a two-story frame dwelling and .an small accessory structure in the rear- yard area. The distance .from the existing dwelling to the westerly neighbor' s dwelling is approximately 200 feet and the nearest building to the east is an accessory garage at approximately 66 feet. In considering this appeal , the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served .by allowing the variance as applied for. On motion by Mr. Douglass, seconded by Messrs. Doyen and Grigonis , it was RESOLVED, that Appeal No. 2978 , application of Robert W. Gillispie, Jr. for permission to increase fenced area around frontyard pool be and hereby IS GRANTED AS APPLIED FOR. Location of Property: 15345 Main Road, East Marion, NY; bounded north by L. I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie; County Tax Map Parcel No. 1000- 23-1-5. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -5- May 26 , 1982 Regular Meeting PUBLIC HEARING: Appeal No. 2811. Upon application of ERNEST E. WILSBERG, by Richard J. Cron, Esq. , Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and road frontage of two parcels lo- cated at Ole Jule Lane, Mattituck; bounded north by Ole Jule Lane; west by Hunt and others; south by Ole Jule Lane; east by Wilsberg; County Tax Map Parcels No. 1000-122-5-12 and 13. The Chairman opened the hearing at 7 :40 .p.m. and read the legal notice of hearing in its entirety and appeal application. MR. ,CHAIRMAN: The application reads "three proposed parcels. " Is that correct, Mr. Cron? RICHARD J. CRON, ESQ. : I have submitted a letter to the board dated May 5 , 1982. That was the application as it was formerly presented to the board, with the expectation and the hope that it could be divided into three parcels, one for each of the petitioner' s sons . After the application was submitted, we went .before the Board of Review of the Suffolk County Health Department, who , while we felt the water was perfectly adequate and mettheir standards , there was an error in their reading it, but nevertheless , we were denied at a variance hearing a division of the parcel into three parcels. We then decided to proceed to amend the application. . . I 've so sent a letter to the board , treated as one single lot, thereby increasing the total area to almost 33 ,000 square feet, and there ' ll be only one residential dwelling on that lot. MR. CHAIRMAN: So, therefore , I could strike everything from-- MR. CRON: Well you can strike anything dealing with the fact that we 're seeking to divide that particular parcel into two lots-- just leave it as a single and separate lot. The adjacent lot to the north, northeast, is already an improved parcel consisting of 30 , 000 square feet and which the petitioner has his residence. (25 ,598 sq. ft. ) MR. CHAIRMAN: Well , do you want me to continue with the application , or do you want me to stop at this particular point? MR. CRON: No , I would like you to continue with the application. (The Chairman continued reading the application. ) MR. CHAIRMAN: We have a copy of a survey revised .on April 22 , 1982 indicating the two lots that Mr . Cron was talking about in the inception of this hearing. Lot #2 which includes Mr. Wilsberg' s house is 29,598 square feet, and Lot #1 is 33,837 square feet which has a proposal of a one-family dwelling on it. And we have a copy of the Suffolk County Tax Map indicating these two parcels and the surrounding parcels in the area. Mr. Cron, would you like to say something else? Southold Town Board of Appeals -6- May 26 , 1962 Regular Meeting (Appeal No. 2811 - Ernest E. Wilsberg, continued: ) MR. CRON: Yeah, I would just like to add to what I 've already said. We now have, of course, a few of the Health Department approvals, the water and sewage supply for that particular lot. And the reason that the survey was amended as of April 22nd was to comply with the request by the board to delineate on the subject parcel the area with a proposed residence which was to be erected. The board, I hope, can appreciate that this thing has been pending for almost a year, and most. unfortunately, the son of the petitioner , Paul Wilsberg, would very much like to put up a residential dwelling. . . so if the board sees it fit this evening, I would most respectfully request that you grant the application. As you well know, the set- off has already been granted by the Southold Town Planning Board. . . . so the only remaining obstacle, sort of speak, to the commencement of the construction of the dwelling would be approval by this board. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Any questions from any board members? (None) Hearing no questions or comments, I' ll make a motion closing the hearing and reserving decision until later, hopefully. On motion by Mr. Goehringer, seconded by Mr. Douglass , it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2811, application of ERNEST E. WILSBERG. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2979. Upon application for the Estate of Ann Donahue by Madeline J. Heinisch, 86 Beverly Drive, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback at 41575 C.R. 48 , Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. The Chairman opened the hearing at 7 :48 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch, survey which is dated April 19 , 1982 which indicates the existing house on the property and the proposed addition, the subject of. this application, giving the following dimensions of approximately 35 ' from the front yard and 35 ' from the east side yard. And we have a copy of the Suffolk County Tax Map indicating this particular property and the surrounding properties in the area. Is there anybody that would like to speak in behalf of this application? MR. HEINISCH: The only thing I would like to mention with this application is on the west side, adjacent to Kenny' s Road, Southold Town Board of Appeals -7- May 26 , 19uz Regular Meeting (Appeal No. 2979 - Ann Donahue Estate, continued: ) MR. HEINISCH continued: there is an industrial building approximately 25 foot frontyard setback. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Is there anybody that would like to speak against the application? Any questions from any board members? (None) Hearing no further comments on either side, I ' ll make a motion closing the hearing and reserving decision, hopefully until later tonight. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass , it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2979 , application for. the ESTATE OF ANN DONAHUE. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2981. Application of JOHN AND KATHRYN ROSE, 1710 Pike Street, Mattituck, NY for a. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing garage reducing the rearyard setback. Location of Property: 1710 .Pike Street, Mattituck, NY; bounded north by Pike Street; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel No. 1000-140-3-19. The Chairman opened the hearing at 7.:52 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch indicating the existing garage which is attached to .a two-story frame house, and we have a picture that is included in the file indicating the addition that Mr. and Mrs. Rose are proposing, and we have a copy of the Suffolk County Tax Map showing this particular lot and the surrounding lots in the area. Mr. Rose, is there anything you would like to add to the application? MR. JOHN ROSE: Nothing that I didn' t say in the application, Jerry. The garage was specifically built and now there' s a motor home which I never thought we would sell, and obtain a larger one -- now I find I 'm about two-foot short on the garage. And I certainly don't want to leave it out on the street. MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak in behalf of the application? Anybody against the application? Any questions from any board members? (None) The only thing we hated to do was to walk on your new grass -- MR. ROSE : It has been 53-2 weeks trying to come up, Jerry, and I'm getting a little discouraged. Southold Town Board of Appeals -8- May 26 , 19b2- Regular Meeting (Appeal No. 2981, John and Kathryn Rose: ) MR. CHAIRMAN: Hearing no further comments, I ' ll make a motion closing the hearing and reserving decision until, hopefully tonight. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2981, application of JOHN AND KATHRYN ROSE. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2982. Application of Environment East Inc. , 3075 Indian- Neck Lane, Peconic, NY as agent for LEIGHTON WIGLEY for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located off the north side of Grand Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue, Mattituck, NY; bounded north by Black; west by Mattituck Creek; south by Ely; east by Black & Ely; County Tax Map Parcel No. 1000-107-1-12 . The Chairman opened the hearing at 7 :56 p .m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey indicating the somewhat extensive right-of-way and a copy of the Suffolk County Tax Map indicating this property, the right-of-way and the other properties in the surrounding area. Is there anybody that would like to speak in behalf of the application? Mr. Stoutenburgh. PETER STOUTENBURGH: Actually, I believe Mr. Wigley wanted to say something. MR. WIGLEY: Yes , I would. We have recently inherited the property, and it has been in the family for *I'd say about 100 years . We have plans to start construction, not knowing that we needed this variance. There are two other cottages down there that are both accessible by this road. I've spoken with both of them. One of them is going to consider building next year. We've never had any problem with this road. There is grass growing on it now, so you can see there' s no problem with drainage. only access that we have. MR. CHAIRMAN: Thank you. Peter. PETER STOUTENBURGH: A couple of things I .would like to add to that. There is a bigger hardship happening at the moment than when we originally filed the permit. . . I was unaware of this access prob- lem since the road had been used . I think the cottages have been there for some number of years, . and the Wigleys have now moved in and the house is not in the order that they had expected to be at this time. Fortunately, the time of the year is a help in that ` respect. I don ' t know the date that this map on the wall here was .T Southold Town Board of Appeals -9- May 26 , 19uz Regular Meeting (Appeal No. 2982 - Leighton Wigley, continued: ) MR. STOUTENBURGH continued : published in, but I noted up on Grand Avenue that road is in red ink. . . I 'm not sure exactly what the red ink indicates , but most of the other roads that I can see up there are in red and well-traveled, if not macamdam road, also in red. There used to be an intersection about two-thirds of the way down where the three different buildings up there for ( ) their own private yards. The road has been, as you can see I'm sure you gentlemen were down there to look at it, through all the time it has been traveled, there is so much bank run. . . I didn 't explore the depth of it but it' s a very heavy gravel base even in the areas where there' s some incline. . .there seems to be no real erosion. The only problem with the road which will be taken care of once we qotten all the lumber trucks out of there, a few _pothol-es which were grassed-in. ( ) Now .the grass almost paves the whole area. It seems to be in very good condition with the exception of about a half-dozen potholes. When we started to clear, the under growth which had moved in on either side of the road to some degree because it scratched vehicles, , that that was minor shrubs and vines. . . it' s clear now at least 15 feet across. And I think with a little bit of bank run in those few potholes it surely would be a more than adequate access for not only this household, but ( ) . MR. CHAIRMAN: Thank you. Do you have anything to add, Mr. Wigley? MR. WIGLEY: As far as emergency vehicles, firetrucks, et cetera. About five weeks ago on Saturday night there was a brush fire down there. Fire trucks got down there with no problem whatsoever, and that' s been proven already I 'm sorry to say. MR. CHAIRMAN: Thank you. Is there anybody that would like to speak against this application? Is there anybody else that would like to speak in favor? Gentlemen? MR. STOUTENBURGH: The only two properties surrounding it, as we have mentioned, just briefly the only two properties which we were to notify both immediately upon receipt of the application with my phone number on the bottom, called me just to find out what was involved and a- little bit of interpretation as far as the number of the code and stuff. They both seemed more than in agreement, particularly when they found that they would have to go through the same procedure if they needed work on their places. MR. CHAIRMAN: Thank you. Hearing no further comments , I' ll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Douglass , it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2982 , application for LEIGHTON WIGLEY. Vote of the Board: Ayes : Messrs. Goehringer,' Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -10- May 26 , ljbz Regular Meeting PUBLIC HEARING: Appeal No. 2983. Application of PETER S. TERRANOVA, Box 77 , Peconic , NY for a Variance to the Zoning Ordi- nance, Article III , Sections 100-31 and 100-34 for permission to construct deck with insufficient yard setbacks and exceeding the maximum-permitted lot coverage requirement, at 565 Sound View Avenue (a/k/a 1170 Huntington Boulevard) , Peconic , NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654 , Part of Lot #12; and further identified as County Tax Map Parcel No. 1000-67-2-1. The Chairman opened the hearing at 8 :05 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch indicating the nature of this application, and we have a copy of the County Tax Map indicating this particular property and the surrounding properties in this area. Mr. Terranova, would you:llike to say something in behalf of your application? PETER S. TERRANOVA: First of all , I want to thank the board for at long last allowing me to submit this application for your consideration. I will say this , that if in place of the five foot the 3' on the westerly side is allowed, I would then not extend 5 ' on the south. This would not only reduce the economic cost in doing all this , it would to a certain extent would make the property more, it would have more function. It is within the property line; there is no hazard. All adjacent neighbors and owners have used and inspected the property -- 17 of them have signed a petition that they find nothing wrong with it, and I stand at the mercy of the board. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody wish to speak against this application? Any questions from any board members? (None) Hearing no further comments , I' ll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. .Qouglass , it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2983 , application of PETER S. TERRANOVA. Vote of the Board: Ayes : Messrs . Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -11- May 26 , lyu2 Regular Meeting APPROVAL OF MINUTES: On motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED, to approve the Minutes of the following meetings of this board: May 7, 1982 Regular Meeting; May 15 , 1982 Special Meet- ing; October 28 , 1981 Special Meeting. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. ,WITHDRAW APPEAL NO. 2740 , application for ANNETTE GOLDEN CARNES. WHEREAS, the attorney .for the applicant in Appeal No. 2740 , Abigail A. Wickham, Esq. has requested by letter dated May 25 , 1982 that this application be withdrawn inasmuch as a new application has simultaneously been filed for similar relief; NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr . Grigonis , it is RESOLVED, that Appeal No. 2740 , application of ANNETTE GOLDEN CARNES, be and hereby is WITHDRAWN WITHOUT PREJUDICE as requested by letter dated May 25 , 1982. Vote of the Board: Ayes: Messrs . Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2984. Application of ANTHONY and CARMELA -PRISCO, 93 Croyden Court, Albertson, .NY 11507 for. a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct extension to existing dwelling reducing the rearyard setback. Location of Property: 370 Sunset Way, Southold, NY; Cedar Beach Park Filed. Subdivision Map 90 , Lot 161; further identified as . County Tax Map Parcel No. 1000-91-177. The Chairman opened the hearing at 8 :16 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey indicating the house, pool and sketched-in extension which is the nature of this particular application. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in. this area. Is there anybody that wishes to speak in behalf of the application? Mr. Prisco. MR. PRISCO: I believe you've said it all right there. The only thing I believe you requested is the square footage of the house. MR. CHAIRMAN: Yes. Can you furnish that now? Southold Town Board of Appeals -12- May 26 ,. 19bz Regular Meeting . (Appeal No. 2984 - ANTHONY & CARMELA PRISCO, continued: ) MR. PRISCO: Well, I just made a copy of it. It' s. approximately 1, 500 square feet including shed and garage. MR. .CHAIRMAN: Ok. What we' ll do is. . . is. the copy machine running? SECRETARY: Yes, it is. MR. CHAIRMAN: We' ll give you 'this back right after I close the hearing. We' ll just make a copy of it. MR. PRISCO: I don' t need it. MR. CHAIRMAN: You really don't need it? Ok. Thank you very much. MR. PRISCO: That included the sun room and the shed and every- thing that is contained within the house. MR. CHAIRMAN: Thank you very much. Is there anybody that would like to speak also in behalf of this application? Anybody like to speak against the application? (None) Hearing no further comments , I' ll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2984, application of ANTHONY AND CARMELA PRISCO. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2985. Application of ALICE G. LEVIEN, Box 992 , Cutchogue, NY for a Variance to the Zoning Ordi- nance , Article III, Section 100-30A for permission to construct storage building on a vacant lot. ,Location of Property: 990 Beebe Drive, Cutchogue, NY; Moose Cove Filed Subdivision Map 3230 , Lot 25; further identified as County Tax Map Parcel No. 1000-97-7-9. The Chairman opened the hearing at 8 :20 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey which appears to be dated February 27, 1981 indicating Lot 25 and sketched-in on that is a copy of a plan for a proposed shed approximately 75 ' from the front yard, and we also have a copy of the Suffolk County Tax Map indicating this parcel and the parcels in the surrounding area. I believe that says it all. I was just curious to know why you didn't want to put it on the same lot that the house was on. MR. LEVIEN: Well, it would have to go out into the frontyard really, the lot that the house is on, and because the backyard floods with the winter tides. It really would be impractical to Southold Town Board of Appeals -13- May 26 , lya2 Regular Meeting (Appeal No. 2985 - Alice G. Levien, continued: ) MR. LEVIEN continued: have it down there. But of course the second lot really is, as far as we're concerned, it' s like one piece. My one neighbor said it was fine with him. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? ABIGAIL WICKHAM, ESQ. : I don' t. I just want to see a copy of it. Do you have a sketch as to where it will be going? My father said he had spoken to you about it' (to Mr. Levien) . . MR. LEVIEN: Sure, yes. MRS. WICKHAM: Which, you' re on the north side? You' re house is over here, and where is the shed going to be? MR. LEVIEN: There. MRS. WICKHAM: Why are you putting it over so far on that side? MR. LEVIEN: If you came by there, actually you would see that we have gardens and nature trails on it. It just seemed like the best place to put it. MRS. WICKHAM: And it ' s going; to be, how far off the line? MR. CHAIRMAN: It looks like 10 feet to me on the sketch. MR. LEVIEN: Actually I think it' s more really. MR. CHAIRMAN: Does anybody have any objection to this? Anybody else have any further comment concerning the application? Any ques- tions from any board members? (None) I believe the size is 10 ' by 12 ' ? MR. LEVIEN: No , 12 ': by 161 . MR. CHAIRMAN: I remember seeing it on the building permit. (Notice to Adjacent Property Owners Form) Hearing no further com- ments on either side, I ' ll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2985 , application of ALICE G. LEVIEN. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -14- May 26 , 1982 Regular Meeting PUBLIC HEARING: Appeal No. 2987. Application of NORTH FORK BANK & TRUST CO. , by Abigail A. Wickham, Esq. , Box 1424 , Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct a drive-in banking facility with canopy extending into the frontyard area. Location of Property: Mattituck Shopping Center , Main Road, Mattituck, NY; bounded north by New Bethany Cemetery Association; west by Factory Avenue; south by Ard- prop Inc. and Main Road; east by Main Road; County Tax Map Parcel No. 1000-142-1-26 . The Chairman opened the hearing at 8 : 34 p:.-m.. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have received a request to recess this application till the next Regular Meeting of the board, to wit, August 17 , 1982. (No one was present to speak concerning this application. ) On motion by Mr. Grigonis , seconded by Mr . Douglass, it was RESOLVED, that Appeal No. 2987 , application of NORTH FORK BANK & TRUST CO. be and hereby is RECESSED UNTIL THE AUGUST 17 , 1982 Regular Meeting of this board. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. At this time the Chairman called a recess for approximately five minutes. The Regular Meeting reconvened at 8 : 37 p.m. PUBLIC HEARING: Appeal No. 2977. Application of JEROME E. and M. DOROTHY BLOOM, by Richard J. Cron, Esq. , Main Road, Cutchogue , NY for a Variance to the Zoning Ordinance , Article III, Section 100-31 for approval of insufficient width of two proposed parcels located on the north side of Main Road, East Marion; bounded north by Jayne and L. I. Sound; west by Swick and Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11. The Chairman opened the hearing at 8 :37 p.m. and read the legal notice of hearing in' its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch-survey prepared on April 2 , 1982 (amendment date) indicating Parcel No. 1 with 54 , 944 square feet, and Parcel No. 2, 55 , 1,97 square feet. I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in this area. Mr. Cron, would you like to speak in behalf of this application? T Southold Town Board of Appeals -15- May 26 , _L982 Regular Meeting (Appeal No. 2977 - JEROME BLOOM, continued: ) RICHARD J. . CRON, ESQ. : If it pleases the board, I think the application itself pretty clearly speaks for what -the applicant desires to do. This of course is strictly an area variance, and as you probably know, we have already secured from the Southold Town Planning Board the set-off which approves the two lots proposed. As you can well see, the area of each lot is well in excess of the 40 ,000 square-foot requirement under the ordinance. The only insuf- ficiency pointed out, being the width requirement not being the 150 feet ' at the building setback line. With what is available, however, we don 't think the variance, the area variance requested is substan- tial. MR. CHAIRMAN: Can I ask you a question -- the two lots that are indicated as Nos. 1 & 2 which of course corresponded to the two lots in question on the other side of the Main State Road, are they still existing. Are they still joined within the area of this particular parcel? MR. CRON: I don' t know what you mean by "joined. " They are, I believe , they're parcels that belong to-- MR. CHAIRMAN: They're still existing though. . . I mean the State didn 't take those? , MR. CRON: I don' t think so. Of course they' re not buildable or anything. MR. CHAIRMAN: No. MR. CRON: They furnish access I suppose to Orient Harbor. MEMBER DOUGLASS: It' s all blacktopped. MR. CRON: Yeah, I think it is. MEMBER DOUGLASS: And the main gas main to Orient goes through it. MR. CRON: Other than furnishing maybe some access to Orient Harbor , .I don' t think they' ll have any significance in terms of the application. MR. CHAIRMAN: Ok. Thank you. Would anybody else like to speak in behalf of this application? Anybody against the application? (None) Hearing no further comment on either side, I' ll make a motion closing the hearing and reserving decision until a later date. On .motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2977 , application of JEROME E. and M. DOROTHY BLOOM. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. T - Southold Town Board of Appeals -16- May Zb , 1982 Regular Meeting PUBLIC HEARING: Appeal No. 2914 . Application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758 , by Stephen F. Griffing,. Jr. , Esq. , for a Variance to the Zoning Ordinance, Article 'IIII;": Sectiom a100�'.31:.iand Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane) , Cutchogue, NY; bounded north by Bay Avenue; west by Brick- ley; south by Gross; east by Hochbaur;_arid".Broadwaters Cove; County Tax Map Parcel No. 1000-104-8-2. 1. The Chairman opened the hearing at 8 :43 p.m. , and read the application and legal notice of hearing in its entirety. MR. CHAIRMAN: We have a copy of a survey prepared on October 15 , 1981 indicating the marina. We have total land area of 72,325 square feet; water area of 35,300 square feet; land area 37,025 square feet. . .that' s the marina; building lot area of 45,546 square feet; water area of 12,046 . square feet; and land area of 33 ,482 square feet. And we have a copy of the Suf- folk County Tax Map indicating this property and the surrounding properties in this area. Mr. Griffing, would you like to be heard. on this application? STEPHEN F. GRIFFING, JR. , ESQ. : This application is to reduce a nonconforming marina, which is lawfully existing according to this letter I have in the file here, which defines what uses may be made. . . I think I gave you a copy of that, did I? MR. CHAIRMAN: I' ll look. MR. GRIFFING: I have one here I can give you. (Reference was made to the June 1, 1978 letter from the ex-chairman of this board, Robert W. Gillispie, Jr. - to Mr. Angelo G. Petrucci. ) MR. GRIFFING: It reduces the nonconforming 2 . 1 acres, roughly 92; 000.--square feet, : to._..72,0.00-, square feet. , :_:We' re creating a building _.l,ot with approximate,-13.,3,.,400 square feet if you exclude the water and I call your attention to the tax map. . .most of the lots in the area. are 25 ,000 feet 'or less.. Most of them are 100-footers rather than 150 ' frontage. And it•:eertaih-ly:'-will"not. change the character of the neigh- borhood. We have all the approvals from the D.E.C. , Suffolk County Health Department and everybody else. This is a letter that I .referred to about the marina being a lawful marina even though it ' s nonconforming. MR. CHAIRMAN: We have them in the prior file. MR. GRIFFING: And of course there would be financial hardship if Mr. Boos were not�_.able to do this. . .the division of the lots into a residential and a marina—would undoubtedly produce a great deal more money in the event of sale. We feel it would be beneficial for the town to put down the nonconforming Southold Town Board of Appeals -17- May 26 , 1982 Reg. Mtg. (Appeal No. 2914 - Norman C. Boos , continued: ) MR. GRIFFING continued: use and put a building plot on the tax roles. That' s substan- tially my cases. . . so in fact it won't have any effect on anybody at all. MR. CHAIRMAN: Thank .you. Is there anybody else that would like to speak in behalf of the application? NORMAN C. BOOS: Yes', I 'm Norman Boos. The reason for dividing this land is strictly for liability. I wish to build a house there and live there , and I 'd like it separated from the marina strictly for liability purposes. I have no inten- tions of selling it. I would like to live there. . MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? WILLIAM PETERS, PRESIDENT, NASSAU FARMS ASSOCIATION: I 'm not sure I want to speak against it. . . . I want to speak. My name is William Peters and I 'm President of. the Nassau Farms Associa- tion.*-::__.Mr; _:Boos' property is part of our belly-wig. I think the description here is wrong. . .you have east and west mixed up. Number one. And Number two, there' s a piece of property east of yours. . . MR. BOOS: East of mine, yes, belongs to somebody else. MR. PETERS : Which is not described here. MR. BOOS: There' s another piece of property east of me. Hochbauer. Yes. It used to be Wenk. And the west of me is not the Park District, but Brickley. The park district is not by us at all. As far. as the tax maps are concerned. MR. CHAIRMAN: Concerning the tax map numbers , that is correct, that is the reason we have the dual numbers there. MR. BOOS: I don' t understand that. MR. CHAIRMAN: Well you wouldn't unless you .have a tax map. MR. GRIFFING: We gave service on everybody all around as far as I know. MR.. PETERS.:: Ok., .I'm still not speaking against it. It was , we had on the survey, you were going to build a house on that property. MR. BOOS: That' s the whole intention of mine on this lot. MR. PETERS: Yeah. All right. I have no further comments. Southold Town Board of Appeals -18- May 26 , .1982 Reg. Mtg. (Appeal No. 2914 - .Norman C.. Boos, continued:.) MR. CHAIRMAN: Is there anybody else that would like to speak either for or against? Any questions from any board members? (None) SHIRLEY BACHRACH: I have a question: —is that Mud Creek? MR. BOOS: No, it' s not. MR. CHAIRMAN: It' s basically Broadwaters Cove. MR. GRIFFING: A man-made extension of the Code. MR. CHAIRMAN: Right. MR. GRIFFING: The Petrucci'.s dredged that., I think. MR. CHAIRMAN: Can I ask you a question, .Mr. Boos? Do you have to place your well on the existing site? MR. BOOS: I have a well that' s in and approved behind Petrucci ' s house, which . I have a right-of-way to. I got a deeded right to it. MR. CHAIRMAN: Under the road. MR. BOOS: In . and approved., it' s under the water. I have three lines coming into the property. My septic tank and pools are in and approved. They were in and approved before I bought the property. MRS. BOOS: ..We have those papers if you would like them? MR. CHAIRMAN: No, it . is not necessary. MR. BOOS: So I. know the health problems are resolved. MR. PETERS : May I just speak in behalf of that statement-- the property east- of you already draws its,-,water from Mr. Petrucci. MR. BOOS: That' s in the same well area that I 'm in. Yes. MR. PETERS: As long as you know about it. MR. BOOS: Oh yes, I know about it. MR. GRIFFING: I used to represent Mr. Petrucci and I think there are three parties that have rights to get water from across the street. MR. BOOS: Not any more. MR. GRIFFING: Wenk' s out now. Southold Town Board of Appeals -19- May 26, 1982 Reg. Mtg. (Appeal No. 2914 - Norman C. Boos, continued: ) MR. BOOS: And I bought. the other property. MR. GRIFFING: And Lehmann' s out. MR. .BOOS: I have that. MR. GRIFFING: There was three then. MR. CHAIRMAN: Ok. Thank you very much. Any comment from anybody? . Hearing no further comments, I ' ll make a motion clos- ing the hearing and reserving decision until a later date. MEMBER DOUGLASS : Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2914 , application of Norman C. Boos. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig- onis , Douglass and Sawicki. At approximately 9 :00 p.m. , motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to recess for the purpose of "Closed Session for Deliberations. " At approximately 10 :.15 p.m. , on motion by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, the Regular Meeting reconvened, and the following findings and determinations were rendered. I Southold Town Board of Appeals -20 May 26, 1982 Regular Meeting RESERVED DECISION: Appeal No. 2979. Upon application for the ESTATE OF ANN DONAHUE by Madeline J. Heinisch, 86 Beverly Drive, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard set- back at 41575 C.R. 48, Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and deter- mination: By this appeal, appellant seeks permission to construct a substantial-sized addition .to the existing dwelling leaving an insufficient frontyard setback of 35 feet and a distance from the northeasterly side line of 35 feet. Appellant proposes a two-car garage within. the subject proposed addition, which will give a total protrusion out from the present dwelling of eight feet. The parcel in question contains an area of 24 ,500 square feet, more or less slightly, with 138 . 021 frontage along County Road 48 and a depth of 175. 881 . Existing on the premises is a one-family private dwelling with an accessory. storagerstructure located in the rearyard. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements ; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant,, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Sawicki, seconded by Mr. Grigonis , it was RESOLVED, that Appeal No. 2979, application for the Estate of Ann Donahue, by Madeline J. Heinisch be and hereby IS GRANTED permission to construct addition to dwelling with an insufficient frontyard setback AS APPLIED FOR. Location of Property: 41575 County Road 48 , Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -21- May 26 , 1982 Regular Meetinc RESERVED DECISION: Appeal No. 2984 . Upon application of ANTHONY and CARMELA PRISCO, 93 Croyden Court, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct extension to existing dwelling reducing the rearyard setback. Location of Property: 370 Sunset Way, Southold; Cedar. Beach Park Filed Subdivision Map 90 , Lot 161; further identified as County Tax Map Parcel No. 1000-91-1-7. The public hearing concerning this matter was held earlier this evening, at which time the hearing was declared closed pending delibera- tions. After deliberating, the board made the following findings and determination: By this appeal , appellants seek permission' to construct a six-foot extension at the southwesterly corner of the existing dwelling, protrud- ing only into the rearyard area, leaving a setback of 42 feet from the ordinary high water mark of Canoe Inlet. It is, the feeling of the board that this six-foot extension is very minimal and reasonable under the circumstances. Existing on the subject premises are a one-story frame house with garage, and inground swimmingpool in the rearyard under construction presently. In considering this appeal, the board determines that .the variance request is not substantial in.. relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated. by a method, 'feasible to appellant, other than a variance; that no adverse .effects will. be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general pur- poses of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Grigonis, seconded by Mr., Sawicki, it was RESOLVED, that the application of ANTHONY AND CARMELA PRISCO for permission to construct a six-foot extension to the existing dwelling be and hereby IS GRANTED AS APPLIED FOR in Appeal No. 2984. Location of Property: 370 Sunset Way, Southold, NY; Cedar Beach Park. Subdivision Map 90 , Lot 161; further identified as County Tax Map Parcel No. 1000-91-1-7. Vote of the Board: Ayes : Messrs. Goehrin;ger, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -22- May 26 , 1982 Reg. Mtg. RESERVED DECISION: Appeal No. 2981. Upon application of John and Kathryn Rose, 1710 Pike Street, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing garage reducing the rearyard setback . Location of Property: 1710 Pike Street, Mattituck, NY; bounded north by Pike Street; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel No. 1000-140-3-19. The public hearing concerning this matter was held earlier this evening, at which time the hearing was declared closed pending delibera- tions. The board made the following findings and determination: By this appeal , appellants seek permission to construct a 4 ' 4" by 1116" extension to the existing garage which reduces the rearyard set- back by 4 ' 4" and . 36 ' from its nearest point to.-the rear property line. Applicant needs this minimal extension in order to garage a newly purchased 31 ' motor home. The board. agrees with the reasoning of the applicant. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, that Appeal No. 2981 , application of John and Kathryn Rose for permission to construct a 414" by 1116" garage extension be and hereby IS GRANTED AS APPLIED FOR. Location of Property: 1710 Pike Street, Mattituck, NY; bounded north by Pike Street; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel No. 1000-140-3-19. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. — This resolution was unanimously adopted. Southbld Town Board of Appeals =23- May 26 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 2811. Upon application of ERNEST E. WILSBERG, by Richard J. Cron, Esq. , Main Road., Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and road frontage of two parcels located at Ole Jule Lane, Mattituck; bounded north by Ole Jule. Lane; west by Hunt and others; south by Ole Jule Lane; east by Wils- berg'; County Tax Map Parcels No. 1000-122-5-12 and 13. The public hearing concerning this matter was held earlier this evening, at which time the hearing was declared closed pending delibera- tions. The board made the following findings and determination: By this appeal , appellant seeks approval of the insufficient area and width (road frontage) of two parcels (as indicated in attorney' s letter received May 7, 1982) , with 33,837 and 29 ,598 square feet and each with 1101. road frontage. Parcel I shows a proposed house with setbacks and Parcel 2 shows an existing one-family private dwelling. By a previous appeal (Appeal No. 2923) , this board granted a variance approving the construction of a 24 ' by 40 ' accessory building on the easterly parcel (Proposed Parcel 2) .which would ,be located northerly of the 16 ' by 38 ' inground swimmingpool. Members of the board are familiar with this property and the surrounding neighborhood, and it is the opinion of the board that the relief requested herein is reasonable under the circumstances. The parcels surrounding these two parcels are found t:oabe-:quiten.small:ercthan:,the:.aub:j.ectl..parce_ls. The board agrees with the reasoning of the appellant. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the application of ERNEST E. WILSBERG be and hereby is GRANTED-approval of insufficient area and road frontage of two parcels AS APPLIED FOR in Appeal No. 2811. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. i Southold Town Board of Appeals -24- May 46 , 1982 Regular Meetin; RESERVED DECISION: Appeal No. 2977. Application of JEROME E. and M. DOROTHY BLOOM, by Richard J. Cron, Esq. , Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width of two proposed parcels located on the north side of Main Road, East Marion; bounded north by Jayne & L. I. Sound; west by Swick & Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Par- cels 'No. 1000-23-1-10 and 11. (The public hearing concerning this matter was held earlier this evening, at which time the hearing was declared closed pending delib- erations . ) After deliberations, the board made the following findings and determination : By this appeal, appellants seek approval of insufficient road frontage (width) of two parcels of 119. 87 feet each along the Main Road (S.R. 25) . The westerly parcel, No. 1, will contain an area of 54 , 944 square feet, and the easterly parcel,. No. 2 , will contain an area of 55, 197 square feet inclusive of the 35 right-of-.way to the rear parcel of Jayne at District 1000 , Section'.23 , Block 1 , Lot 10. The board agrees with the reasoning of appellants in this applica- tion and find this proposal to be very practical and reasonable under the circumstances. In considering this appeal, the board determines that the variance request is not substantial in . relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general pur- poses of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Sawicki , it was RESOLVED, that the application for JEROME E. and M. DOROTHY BLOOM be and hereby is GRANTED approval of insufficient width of two proposed parcels AS APPLIED FOR in Appeal No. 2977. Location of Property: North Side of Main Road, East Marion, NY; bounded north by Jayne and L. I. Sound; west by Swick & Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. .Southold Town Board of Appeals -25- May '26 , 1982 Regular Meeting RESERVED DECISION: . Appeal No. 2983. Upon application of Peter S. Terranova, Box 77, Peconic, NY for a Variance to' the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck with insufficient yard setbacks and exceeding the maximum-permitted lot coverage requirement at 565 Sound View Avenue (a/k/a 1170 Huntington Boulevard) , Peconic, NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654 , Part of Lot #12; and further identified as County Tax Map Parcel No. 1000-67-2-1. The public hearing concerning this matter was held earlier this evening. The board deliberated and then made the following findings and determination: By this appeal, appellant seeks permission to construct a 5 ' by '20 '.6 " extension to the existing deck reducing the rearyard setback by five feet and requests approval of the construction of a three-foot walkway along the westerly side of the existing house. The subject premises is a corner lot as defined by Sec- tion 100-13 of the Zoning Code and contains a total area of approximately 4 ,600 square feet of which approximately 917 square . feet are occupied by the dwelling, exclusive of the 407 square-foot rear deck approved by this board on Decem- ber 17 , 1981 and exclusive of any other construction (walkway) existing at the present time. The maximum-permitted lot coverage for residentially-zoned parcels is 20% of the total lot, or in this case 920 square feet, for which appellant has requested relief. On December 17, 1981 appellant was given conditional approval by Appeal No. 2928 for the construction of a 407- square-foot rear deck. The difference between the previous appeal and the instant appeal is that applicant is not requesting a walkway/deck along the yard area off Sound View Avenue; however, applicant has again requested permission to retain the walkway along the westerly side at a width of three feet rather than five feet. Members of the board have visited the site and are familiar with the structure (s) located thereon, including the deck and walkway which has been constructed, as well as the terrain, immediately adjacent properties and their structures, and private road accessibilities . Applicant in his appeal has set forth the reasons for locating the deck and walkway as applied for rather than in an area which may be more feasible. It is the feeling of the board that the location of the proposed 5 ' by 20 ' 6 " deck extension in the rearyard is reason- able under the circumstances; however it is also the feeling of the board that the walkway extension along the westerly side of the dwelling is not practical and is not feasible in light of the closeness of the dwelling to this road intersec- tion. The board is concerned with safety for all. ,Southold Town Board of Appeals -26- May 26 , 1982. Regular Meeting (Appeal No. 2983 - application of Peter S. Terranova, continued: ) In considering this appeal, the board finds and determines that a detriment to adjoining properites will be created if the variance is granted as applied for, that a substantial change in the character of the neighborhood will be produced, that the relief as requested will not be in harmony with nor promote the general purposes of the zoning code; and that the interests of justice will best be served by denying the walkway along the west side, but conditionally approving the 5 ' by 20 ' 6" extension of the deck into the rearyard area. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the application of Peter S. Terranova, Appeal No. 2983 be CONDITIONALLY APPROVED AS FOLLOWS: , (1) That only the 5 ' by 20 ' 6" rear deck is permitted and same shall not exceed past the west side of the house; (2) No side deck (crosswalk or walkway) is permitted along the west side of the house; (3) That the deck addition never be enclosed or used for habitable (living) area. Location of Property: 1170 Huntington Boulevard (a/k/a 565 Sound View Avenue) , Peconic, NY; County Tax Map Parcel No. 1000-67- 2-1. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. i .Southold Town Board of Appeals -27- May ' 26 , 1982 RESERVED DECISION: Appeal No. 2985 Upon application of ALICE G. LEVIEN, Box 992 , Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for per- mission to construct storage building on a vacant lot. Location of Property: 990 Beebe Drive, Cutchogue, NY; Moose Cove Filed Subdivision Map 3230 , Lot 25 ; further identified as County Tax Map Parcel No. 1000- 97-7-9. The public hearing concerning this matter was held earlier this evening, at which time the hearing was declared closed pending delib- erations. The board made the following findings and determination: By this appeal, appellants seek a variance to Article III, Section 100-30 (A) of the zoning code to permit a storage building on a vacant parcel (Subdivision Lot 25) immediately adjacent to appellants' dwelling parcel (Subdivision Lot 26) . An inspection of the premises discloses that each of the parcels owned by appellants contains an area of 40 ,000 square feet with 100 ' road frontage. Existing on the northerly parcel (Lot 26) is a private one-family dwelling; the southerly parcel (Lot 25) is vacant. Both parcels are part of the Subdivision entitled, "Moose Cove" which is contained within the list of excepted subdivisions at Section 100-12 of the zoning code. After inspection the board found there are no other storage structures solely located on a parcel of land in the immediate neighborhood without a principal building for which it would be required to be accessory to. Section 100-32 permits accessory buildings and structures which may be located in the rearyard. A principal building is permitted pursuant to the bulk and parking schedule of the code with a minimum livable floor area of 850 square feet, and with front and rear yard setbacks of 50 feet or more; et cetera. Appellants in this appeal assert that this structure will be for the purposes of storage, and that practical difficulties have been demonstrated in that to locate this storage building upon the dwelling parcel (Lot 26 ) would cause removal or changes in the landscaping. It is the board' s opinion that the appellants have failed to demon- strate that there are no viable alternatives available for the location of this storage building accessory to the dwelling on the northerly parcel (Lot 26) , that strict compliance with the zoning ordinance will not result in practical difficulties , and that a storage building accessory to appellants' dwelling is more feasible and practical under .the circumstances . In considering this appeal , the board determines that the variance Southold Town Board of Appeals -28- May 26 , 1982 (Appeal No. 2985 - Alice G. Levien, continued: ) request in relation to the code requirements is substantial (1000 of a variance) ; that the grant of this variance would produce a substantial change in the character of the neighborhood; that the difficulty can be obviated by some method feasible to appellants without substantial relief; and that in view of the manner in which the difficulty arose, the inter- ests of justice will be served by denying the variance applied for. Accordingly, on motion by. Mr.. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal. No. 2985, application of ALICE G. LEVIEN, be and hereby is denied without prejudice. Location of Property: 990 Beebe Drive, Cutchogue, NY; Moose Cove Filed Subdivision Map 3230 , Lot 25 ; further identified as County Tax Map Parcel No. 1000-97-7-9. Vote of the. Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR NEXT REGULAR MEETING. On motion, by Mr. Douglass , seconded by Mr. Goehringer, it was RESOLVED, that the next Regular Meeting of this board is hereby scheduled FOR JUNE 17 , 1982. commencing at 7 :00 p.m. and to' be _held. .at the Southold Town Hall, Main Road, Southold, NY. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously .adopted. Southold Town Board of Appeals -29- May_ 26 , 1982 Regular Meeting i i i _RESERVED DECISION: Appeal No. 2982. Upon application of Environment East Inc. , 3075 Indian Neck Lane, Peconic, NY as agent for Leighton Wigley, for a, Variance to.-New York Town Law, Section 280-a for approval of access over a private right-of-way located off the north side of 'Grand Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue, Mattituck, NY; bounded north by Black; west by Matti- tuck Creek; south. by Ely; east by Black & Ely; County Tax Map Parcel No. 1000-107-1-12. . The public hearing concerning 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: By this appeal , appellant seeks approval of access over a private right-of-way extending off the north side of Grand Avenue northerly 471. 83 feet with a width of 30 feet and extending .thence westerly 933 feet with a width of 25 feet to the premises in question. The subject right-of-way has an excellent base and is the only viable, practical route to these premises. In considering this appeal, the board determines that the variance request is not substantial in relation ;to the code requirements; that the circumstances herein are -unique; that by allowing the .variance no substantial detriment to adjoining properties would be. created; that the difficulty, cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. ;Grigonis , it was RESOLVED, that Appeal No. 2982, application. for Leighton Wigley be and hereby is GRANTED APPROVAL OF ACCESS as applied for and SUBJECT TO THE FOLLOWING CONDITIONS : i 1. This access road must have a .minimum width at all times of not less than 15 feet and be cleared of all trees, brush and other obstructions to a minimum width of 15 feet; I 2. This access road shall be improved by the following method: Re-graded [for proper drainage] to a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches. 3 . No certificate of occupancy shall be iss.ued. for the construc- tion of any buildings or structures, or any existing buildings or .Southold Town Board of Appeals -30- May , 26 , iy62 Regular Meeting (Appeal No. 2982 - Leighton Wigley, continued: ) structures, on the premises to which this access is referred -until all of the conditions set forth herein have been complied with. 4 . Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by this board or the Town Engineer. 5 . That this access road be approved by either this board, the Town Road Inspector or Road Engineer, or Town Building Inspector, as to meeting the above requirements. Location of Property: 3325 Grand Avenue, . Mattituck, NY; bounded north by Black; west by Mattituck Creek.; south by Ely; east by Black and Ely; County Tax Map Parcel No. 1000-107-1-12. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. NEW PUBLIC HEARINGS FOR. JUNE 17 , 1982. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following applications be and hereby are scheduled for PUBLIC HEARINGS TO BE HELD AT OUR NEXT REGULAR MEETING, to wit, June 17, 1982 commencing at 7: 00 p.m. and as follows : 7 :00 p.m. Appeal No. 3000 . John J. Bogert. 7 : 05 p.m. Appeal No. 2989. Lucy E. Michaels. 7 :10 p.m. Appeal No. 2805. Vincent W. Annabel. 7 :15 p.m. Appeal No. 2988. Joseph W. . Hawkins. 7 :30 .p.m. Appeal No. 2999. Serpentine Real Estate Corp. 7 : 35 p.m. Appeal No'. 2994. Estelle L. Weinrib. 7 : 40 .p.m. Appeal No. 2993. Gerard Galliano. 7:45 p.m. Appeal No. 2990.. Henry S. Kozen. 7 :50 p.m. Appeal No. 2992. Stanley and Mary Moisa. 7:55 p.m. Appeal No. 29.46. Peter Kujawski. 8 :10 .p.m. Appeal No. 2995. Elwood and Carol Hughes. 8 :15 P.M. Appeal No. 2964 . Raymond and Joan Young. 8 :30 p.m. Appeal No. 2962. Gertrude K. Reeves. i Southold Town Board of Appeals -31- May 26y 198z rtegular Meeting (Set-ups for 6/17/82 continued: ) 8:45 p.m. Appeal No. 2970. James Manos. 9 :00 p.m. Appeal No. 2987. North Fork Bank & Trust Co. 9 :05 p.m. Appeal No. 2975 . Solwin Industries Ltd. 9 : 30 p.m. Appeal No. 2971. Solwin Industries Ltd. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig.onis, Douglass and Sawicki. This resolution was unanimously adopted. DRAFT AMENDMENTS PROPOSAL - ZONING CODE. In reviewing the draft of proposed amendments to the zoning code furnished by the Town Attorney, it was the consensus of the board members that the following be included (as indicated in the initial recommendations by our office) : 1 . Maximum lot coverage. No provision is made in the bulk schedule for the B-Light, B-1 General , C-Light and C-1 General Zoning Districts. 2. Sign Provisions. No sign provisions are provided for in the B-1 General and C-Light Industrial Zoning Districts. . 3 . Marinas in the B-Light and B-1 General Zoning Districts should be permitted by Special Exception and Site Plan approval (as is required for the C-Light and .C-1 General Industrial Zoning Dis- tricts) . The secretary was instructed to send a letter with the above information to the Town Attorney pursuant to his recent letter. PENDING DELIBERATIONS: Appeal No. 2914. NORMAN C. BOOS. It was the consensus of the board that the minutes from the public hearing held earlier this evening and related file documents should be forwarded to the Suffolk County Planning Commission for their perusal pursuant to Sections 1323, et seq. - of the Suffolk , County Charter. Southold Town Board of Appeals . .-32- May , 26 , 1982 Regular Meeting PENDING APPLICATIONS: Appeals No. 2975 and 2971. SOLWIN INDUS- TRIES, LTD. It was the consensus of the board that the N.Y. S. Public Service Commission be notified of the subject applications and forward their comments as soon as possible concerning rules and regulations govern- ing this type of project. .The secretary was instructed to forward correspondence to the N.Y.S. Public Service Commission as soon as .possible. ENVIRONMENTAL DECLARATIONS: On motion 'by Mr. Douglass , seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declara- tions pursuant -to the regulations of the N.Y.S. Quality Review Act (SEQRA) , as follows: APPEAL NO. : 3000.. PROJECT NAME: JOHN J. BOGERT. This notice is issued pursuant to Part 617 (and Local Law n44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should .not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Erect antenna exceeding maximum height limitation for accessory structures. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Parcel located at Isabella Beach, Private Road, Fisher`s Island. REASON (S) SUPPORTING THIS DETERMINATION (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of 0 ;als -33- May 26 , 1 Regular Meeting (Environmental Declarations , continued: ) APPEAL NO. : 2989. PROJECT NAME: LUCY E. MICHAELS. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Deck addition to dwelling with reduce rearyard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3570 Minnehaha Boulevard, Southold. REASON.(_S_)._._'SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2805 PROJECT NAME: VINCENT W. ANNABEL This notice is/ issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Insufficient road frontage of one proposed parcel in a proposed two-lot division. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : Stillwater . Avenue, Cutchogue, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of I gals -34- May 26 , 1 Regular Meeting APPEAL NO. : 2988 PROJECT NAME: JOSEPH W. HAWKINS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct .windmill exceeding maximum height . limitations for accessory structures at 7085 Horton Lane, Southold, NY. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: . 7805 .Horton Lane, Southold. REASON.(_S)_. SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2999. PROJECT NAME: SERPENTINE REAL ESTATE CORP. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Requests approval of insufficient sideyard setback for proposed dwelling (converted from existing barn) . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 45300 .Main Road, Peconic. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of A :als -35- May 26 , 11, Regular Meeting • (Environmental Declarations., continued: ) APPEAL NO. : 2994. PROJECT NAME: ESTELLE L. WEINRIB This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also , please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct, accessory building in sideyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3400 .Ole Jule Lane, Mattituck, NY. REA80N.(.S)__ SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2993 . PROJECT NAME: GERARD GALLIANO. This notice is/ issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct garage in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2125 Pine Tree Road, Cutchogue, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of P. gals -36- May 26 , 1 Regular Meeting • (Environmental Declarations , continued: ) APPEAL NO. : 2990. PROJECT NAME HENRY S. KOZEN This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct 6 '. high fence in frontyard area exceeding four-foot height limitation. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1520 Donna Drive, Mattituck, NY. REASON.(.S_),_ _SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2992. PROJECT NAME: STANLEY AND MARY MOISA This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct addition to dwelling with reduced rearyard. •. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : 46 Sunset Lane, Greenport, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that .no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of I gals -37- May 26 , 1- - ! Regular Meeting • (Environmental Declarations, continued: ) APPEAL NO. : 2946 . PROJECT NAME: PETER KUJAWSKI This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval. of insufficient yard setbacks due to location of new lot line; also requests approval of access. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 32.75 Skunk Lane, Cutchogue, NY. REASON.(_S_)._:_SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2995 PROJECT NAME: ELWOOD AND CAROL HUGHES This notice is' issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct addition to dwelling with reduced sideyard. LOCATION OF PROJECT: Town of Southold. County of Suffolk, more particularly known as: 6125 Skunk Lane , Cutchogue. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board of P. :als -38- May 26 982 Regular Meeting (Environmental Declarations , continued: ) APPEAL NO. : 2964 PROJECT NAME: RAYMOND AND JOAN YOUNG This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Requests approval of insufficient area and width of two proposed parcels. LOCATION OF PROJECT: Town of . Southold, County of Suffolk, more particularly known as: Corner of Horton Avenue and Shirley Road, Mattituck, NY. RkASON.(.$) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 2962 PROJECT NAME: GERTRUDE K. REEVES This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Requests approval of insufficient depth of parcel. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Off Cedar Birch Road, Orient, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment ,in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. A ; Southold Town Board of gals -39- May 26 , 1 Regular Meeting i (Environmental Declarations , continued:.) APPEAL NO. : 2970 PROJECT NAME: JAMES MANOS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may, also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a,private right- of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : Located 400 .feet east of Mill Road, Mattituck, New York: REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) The relief sought is not directly .related to new construction. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. APPEAL NO. 2990. NEW APPLICATION OF HENRY S. KOZEN. The board asked the secretary to have the building inspector clarify his interpretation on the. frontyard areas and the angles the front lines meet. It appears that the proposed fence may be on the edge of the frontyard area. NEW APPLICATION OF ANASTHASIO SPINTHOURAKIS (BLUE DOLPHIN MOTEL) . It was the consensus of the board in reviewing this new application for a multiple-garage structure that this project will require approval from the Planning Board and therefore this matter should be refdrred to their department as soon as possible for their comments . NEW APPEAL NO. 2996 - CHARLES AND KATHRYN NELSON. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -40- May 26 , 19S2 Regular Meeting (New Appeal No. 2996 - Charles and Kathryn `Nelson, continued: ) RESOLVED, that Appeal No. 2996 , application for CHARLES AND KATHRYN NELSON be held in abeyance pending receipt of comments from the Southold Town Planning Board pursuant to Section 106-13 of the zoning code; and be it further RESOLVED, that input be requested from the Suffolk County Health Department for this type of project in this particular area at Laughing Waters . Vote of the Board: Ayes : Messrs . Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. NEW APPEAL NO. 2991. APPLICATION OF MIRIAM BATSON to construct addition with reduced rearyard at Bayview' Drive, East Marion, NY. It was noted for the record that the bulkhead maybe in need of repairs , which may be a matter within the jurisdiction of the N.Y.S. D.E.C. . The board agreed to field inspect the premises prior to scheduling this application for public hearing. NEW APPEAL NO. 2992. APPLICATION OF STANLEY AND MARY MOISA. Addition proposed with insufficient rearyard at 46 Sunset Lane , . Greenport, NY. It was noted that the total structures on this parcel appeared to be in excess of the maximum permitted 20% lot coverage,' and the board instructed the secretary to send a memorandum to the building inspector advising him of the same and asking him to calculate. the dimensions. Being there was no other business properly coming before the board at this time , the Chairman declared .the meeting adjourned at approximately 10 : 45 p.m. Respectfully submitted, �7�� APPROVED Linda F. Kowalski , Secretary Southold Town Board of Appeals RE `ETVRD AND FILED BY Chairman Board of App0013 DATE),9/0�/P HOUR L� -,�2 74 Tfll; SOUTHOLD TOWN CLI RX, Town Clerk, Town of Sdigithold