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HomeMy WebLinkAboutZBA-05/07/1982 1 . o��FFo�co 0 Gy Southold Town Board ofAppeals • MAIN ROAD - STAVE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN M I N U T E S CHARLES.GRIGONIS,JR. — — — — — — — SERGE DOYEN, JR. REGULAR MEETING ROBERT J. DOUGLASS JOSEPH H. SAWICKI MAY 7, 1982 A Regular Meeting of the Southold. Town Board of Appeals was held on Friday, May 7 , 1982 at 7 :30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis,. Jr. ; Serge Doyen and Robert J. Douglass. Absent was: Joseph H. Sawicki. The Chairman called the meeting to order at 7 : 30 p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No.. 2976 . Application of Karl and Helen Dimig, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permis- sion to reconstruct and enlarge existing garage located in the frontyard area to an extent exceeding 500 of its fair value. . Location of Property:: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; south- west by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (Abigail A. Wickham, Esq. as attorney) The Chairman opened the hearing at 7 :30 p.m. and read the appeal application in its entirety and notice of hearing. CHAIRMAN GOEHRINGER: We have a copy of. the.:.survey indicating the existing garage with indication of proposed area which sur- rounds the garage except the front part. And we have a tax map copy of this particular property indicating this property and the surrounding properties in the area. Is there anybody that would like to speak in behalf of this application? ABIGAIL A. WICKHAM, ESQ. : Abigail Wickham, Mattituck, NY. I think in. this case the application pretty much speaks for itself. I'd just like to point out that on the Smith property immediately adjacent on the north, northwest, there is an exist- ing two-car garage which is located in approximately the same ' Southold Town Board of Appeals -2- Aay 7 , 1982 (Appeal No. 2976 - Karl. and Helen Dimig, continued: ) MRS. WICKHAM continued: location as this garage but is further back from the road. And there are no structures on the property on the other side with-.. which this would interfere. If you have any questions, I ' ll be glad to answer them. CHAIRMAN GOEHRINGER: I just wanted to ask you what this little part was right here. Maybe you want to step up here for a moment. Do you have any idea what the distance, Gail, is between here and here. Is it about 32 feet or something? You don't have the :square footage of the original garage and then the square footage of the proposed addition, do you? MRS. WICKHAM: Well I could figure that out. I don 't think it exceeds more than about three feet from what I can gather. CHAIRMAN GOEHRINGER: So basically it' s about 3 ' by 261 , bearing in mind of course that it wraps around the existing garage. MRS. WICKHAM: Yes. We didn' t want to bring it any further north though because of the location of the driveway. CHAIRMAN GOEHRINGER: Ok, thank you very much. I should have mentioned that the proposed addition is approximately 10 ' by 26 ' on the south and it wraps around to the rear of the garage. The existing garage is approximately 12 and then it wraps around to the opposite side which is approximately 3 by 26 . Would that be correct? MRS. WICKHAM: Yeah. CHAIRMAN GOEHRINGER: Is there anybody else that would like to speak in behalf of this application? MRS. McCORMACK: I'm Mrs. . McCormack. I'm the property on the other side. Are proposed garages supposed to be three foot from the line? And I think that's too close. CHAIRMAN GOEHRINGER: Three feet from the opposite side. - MRS. McCORMACK. From my side. I wouldn' t like it to be three feet. MRS. WICKHAM: It' s on the south side. CHAIRMAN GOEHRINGER: Ok. Is there anything else you would like to say? MRS. McCORMACK: Well, I have an affidavit here that was made out by my lawyer about, you know, his suggestions just to move it over further so it wouldn' t be just three feet because Southold Town Board of appeals -3- .4ay 7, 1982 (Appeal No. 2976 - Karl & Helen Dimig, continued: ) MRS. McCORMACK continued: I:..have trees along there. I realize I haven't been out there recently because I haven't been too well, but I might go out there and change,:-:you know, my home and everything out there. I might someday go and live there. And I don' t think I would like that garage, that size, to be right at three feet from my property line. CHAIRMAN GOEHRINGER: Do you want to give us that affidavit? MRS. McCORMACK: Yes, I do. (Mrs. McCORMACK submitted an affidavit dated May 8 , 1982 of Edrica S. McCormack, which is.: worded as follows: . . .EDRICA S. McCORMACK, being duly sworn deposes and says: I am the owner of the parcel immediately abutting the parcel which is the subject of the above appeal. I am to the south of the sub- ject premises and .have reviewed the plans which have been submitted. The plans indicate that the existing garage is approximately ten (10). feet from the property line between my property and the property herein, with the expansion of the garage being proposed so that the garage will be three (3) feet from the existing line. The parcels and properties in the area are very narrow with the subject parcel being 31 ' of frontage on Bungalow Lane and- my par- cel being 40 ' on Bungalow Lane, both tapering to a larger portion upon the water. It would seem logical that if the garage were to be expanded, it should be expanded to the center of the parcel or moved closer to the dwelling where the property is wider. It would appear that extensive construction is going to take place and it would be logical that the existing structure should be moved or removed and the new construction take place in the wider portion of the property. . . . I cannot attend the meeting because of a recent illness and a projected operation and I request that my sister, MILDRED KOCH, act as my attorney in fact and speak on behalf and submit this affidavit in opposition to the proposed application. /s/ Edrica S. McCormack Sworn to on the 8th day of May, 1982. . . . MRS. McCORMACK continued : My sister was going to come, so it' s made out that. . . I didn' t think that I could get here because I 'm due to go in the hospital, only I didn't have to go this week. CHAIRMAN GOEHRINGER: Thank you very much. MRS. McCORMACK: If you want anything else, I've got copies of all the measurements and everything. Of my property. CHAIRMAN GOEHRINGER: We have a tax map copy which shows your parcel, pretty close. . .within about three feet it boils down to I 'm sure. Southold Town Board of Appeals -4- -Aay 7, 1982 (Appeal No. 2976 - Karl & Helen Dimig, continued: ) MRS. McCORMACK: . Ok. CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody else that would like to speak in- behalf of the application? MRS. WICKHAM: I 'd like to address this. I 'd like to point that, as you know, 100-32 does permit an accessory use to be three feet from the line and I also would like to.-.comment that the Dimigs have had, over the years, to pick up a lot of trees that have fallen from that property onto their property and it probably would be helpful to have that area cleaned out a bit to avoid that problem. CHAIRMAN GOEHRINGER: Thank you. Is there anybody that would like to speak against the application? Would you have anything else to say, Mrs. McCormack? MRS. McCORMACK: Well , not really. I realize that I haven' t been there but there has been a lot of problems. . You can see I 've got a broken arm, for the past two years, stuff like that which is why. I haven' t been there. My husband died in the meantime which is also why I haven' t been there. So if anybody had to pick up trees, I 'm sorry. CHAIRMAN GOEHRINGER: Thank you. Any other comments from anybody, pro or con? Any questions from any board members? (None) Hearing no further comments, I ' ll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Grigo.nis ,._it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2976 , application of Karl and Helen Dimig. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass . (Absent was: _Member Sawicki. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2972.. Application of Anthony Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, NY; also referred to as Reydon Shores Subdivision Filed Map. 63.1, Block C, Lots 16 & 17; County Tax Map No. 1000-80-1-39 . The Chairman opened the hearing at 7 :41 p.m. and read the appeal application and-_1egal.-notice .of. hearing in its entirety. Southold Town Board of Appeals -5- May 7 , 1982 (Appeal No. 2972 - Anthony Macaluso, continued: ) CHAIRMAN GOEHRINGER: We have a copy of a survey dated December 1, 1981 indicating the proposed deck which will lie approximately 182' from the property line on Oak Drive, 72' from the east side or east property .line. We also 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 the application? Would you want to use the mike, Mr. Hyatt? ROBERT L. HYATT: My name is Hyatt. No, I' ll come up here to talk to you. My name is Hyatt and the reason the void is in there. . . I personally don' t think there is an indication of a hardship for a deck or a swimmingpool, therefore I leave this entirely to the discretion of this board. That' s why it wasn't—done in error, it was done without intent. CHAIRMAN GOEHRINGER: Are you building the deck for the gentleman? MR. HYATT: If this is approved, yes. :CHAIRMAN GOEHRINGER: Can I ask you a question? MR. HYATT: Yes, sir. CHAIRMAN GOEHRINGER: Over here on this, you notice that you mention that the deck is going to start at the bottom of the stairs which is approximately six feet from the front part of the house. MR. HYATT: That' s correct. CHAIRMAN GOEHRINGER: Are-, you -going to change the wind of the steps , or are you going to leave the steps just the way they are? MR. HYATT: No. There will have to be a rail here and around so that you could walk out of the house onto this plat- form and in here. But the rail would have to come in. I'm not being. factitious about filling this form out. I can' t in any degree of honesty say it' s a hardship to go without a deck or a swimmingpool. These are luxuries. A hardship would be a case affecting the living or something like that. That' s something else. That' s why it wasn' t filled out, and nor would I fill it that way. I couldn't dream up stories like that. CHAIRMAN GOEHRINGER: Thank you, sir. Is there anybody else that would like to speak for the application? (None) Anybody like to speak against the application? Any questions from any board members? (None) Hearing no further questions, I ' ll again make a motion closing the hearing and reserving decision until later. Southold Town Board of Appeals -6- May 7 , 1982 (Appeal No. 2972 - Anthony Macaluso, continued. ) 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. 2972, Anthony Macaluso. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass . (Absent was : Member Sawicki. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2973. Application of Eugene and Patricia Ann Mott, Box 38, RFD #1, Middle Island Boulevard, Middle Island, NY 11953, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building in this B-1 Zone with insufficient side and rear yard setbacks,. at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mostu- panick; south by Main Road; west by Boyd; County Tax Map No. 1000- 97-5-9. The Chairman opened the hearing at . 7 :45 p.m. and read the appeal application and notice of hearing in its entirety. CHAIRMAN GOEHRINGER: We have a survey of the property dated March 8, 1982 indicating the building in question which is approxi- mately 40 ' by 100 ' , set back from the Main Road approximately 35 feet, set back from the rear approximately 31 feet, sideyard on the west side 38 feet and a sideyard on the east side approximately 3. 5 feet. We also have a copy of this particular parcel shown with surrounding parcels. . .tax map copy, that is. Is there anybody that would like to speak in behalf of the application? MR.. EUGENE MOTT: The reason I wish to push the building to the east side is to accommodate the parking. . . I wish to make stalls along the west side like this. CHAIRMAN GOEHRINGER: Are you Mr. Mott? MR. MOTT: Yes, I :am. Otherwise I would have to have limited parking on both sides and rear. This way I'm going to have my entrance to the shop right here. CHAIRMAN GOEHRINGER: What kind of business is this? MR. MOTT: Antiques. CHAIRMAN GOEHRINGER: We were down there and looked at the property last Saturday. MR. MOTT: Ok. The front part is 6 . 64 feet. The back is an approximate".figure. . .tapered. CHAIRMAN GOEHRINGER: Do you have any idea how close to Mr. Doroski ' s Garage it goes to? Are any of his cars on your property at all? Southold Town Board of Appeals -7- May 7, 1982 (Appeal No. 2973 Eugene and Patricia Ann Mott, continued: ) MR.. MOTT: I don' t think there are any right now. There were one or two hanging over a bit. CHAIRMAN GOEHRINGER.: So he has pretty good clearance between his building and your line? MR. MOTT: I 'd say he has 20 to 30 feet, approximately. CHAIRMAN GOEHRINGER: 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? Any questions from any board members? (None) Hearing no further questions, 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 until later in the matter of Appeal No. 2973 , Eugene and Patricia Ann Mott. Vote of the Board: Ayes :. Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was : Member. Sawicki. ) This resolution was unanimously adopted. PUBLIC. HEARING: Appeal No. 2974 . Application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. The_.Chai-rman--_opened the hearing at 7:50 p.m. and read the appeal application and notice of hearing in its entirety. CHAIRMAN GOEHRINGER: We have a copy of a sketch, the back of the building permit application indicating the storage shed which falls within the sideyard of the property, . approximately three feet from, I think it' s the south, property line. The storage building is approximately 10 ' by 10 ' . We also have a tax map copy of this particular lot and the surrounding lots in the area. Is there anybody that would like to speak in behalf of the application? Would you like to say anything, Mr. Michaels? MR. MICHAELS : Everything you said more or less covers it. There is nothing further that I can add to it except that we do need it without a garage. CHAIRMAN GOEHRINGER: Does anybody else like to speak in behalf of the application? Anybody like to speak against the application? Any questions from any board members? (None) Southold Town Board of Appeals -8- Aay 7, 1982 (Appeal No. 2974 - Lucy E. Michaels, continued: ) CHAIRMAN GOEHRINGER: Hearing no further comments on either side , I ' ll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 2974, Lucy E. Michaels. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass . (Absent was : Member Sawicki. ) This resolution was unanimously adopted. On motion by Mr. Douglass, seconded by Mr . Grigonis , it was RESOLVED, that the Minutes of Meetings of this board held April 14 , 1982 and April 23 , 1982 be and hereby are approved. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was: Member Sawicki. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2945. Application of Hubert K. and Catherine P. Harren, Sound View Avenue, Mattituck, NY (by Abigail A. Wickham, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two parcels near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 & 6 ; bounded north by Ahern and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Saltaire Way. The Chairman opened the hearing at 8 :00 p.m. and read the appeal application . and notice of hearing in its entirety. CHAIRMAN GOEHRINGER: We have a survey of the property mapped December 9, 1981 indicating the house lot, which is 34 ,646 square feet, :...and the lot which is the nature of this particular applica- tion which is exactly 30 ,000 square feet, that lot being on Saltaire Way and the house lot being on Sound View Avenue. We also have a County Tax Map indicating this particular parcel or parcels in question and the surrounding parcels in the area. Gail, would you like to say something? ABIGAIL A. WICKHAM, ESQ. : Yes. I think that the application contains most of the reasoning. I would just like to point out that the reason that we are not proposing to divide the lot right Southold Town Board of Appeals -9- May 7, 1982 (Appeal No. 2945 - Hubert K. and Catherine P. Harren, continued: ) MRS. WICKHAM continued: down the middle is because it was acquired in two separate parcels in-.these two dimensions , one 30 ,OOO square feet and one 34 ,646 square feet, so it' s staying as originally deeded. Do you have any other questions? CHAIRMAN GOEHRINGER: On April 28 , 1982 , the Southold Town Planning Board : . . .RESOLVED, to grant a set-off , 106-13 as designated on the map "Hubert K. and Catherine P. Harren" located at Mattituck, dated December 9, 1981. . . applicant receiving approval from the Zoning Board of Appeals and receipt of six copies of final map. . . so on and so forth, which means that they don 't refer to it as a subdivision. Any other. questions? Anybody else like to speak in behalf? Anybody like to speak against? Any questions from any board members? Hearing no further ques= tions, I' ll offer a resolution 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. 2945 , Hubert K. and Catherine P. Harren. Vote of the Board : Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was: Member Sawicki. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2958 . Application of Grace Golden and ano. , by Richard F. Lark, Esq: , Main Road, Box 973 , Cutchogue, NY for a Variance to the Zoning Ordinance, Article I, Section 100-12 for permission 'to change center lot line between Subdivision Lots 170 and 206 , "Amended Map A of Nassau Point" Subdivision, Filed Map No. 156 ; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30 . The Chairman opened the hearing at 8 :10 p.m. and read the appeal application and notice of hearing in its entirety. CHAIRMAN GOEHRINGER: We have a copy of a survey mapped February 12, 1982 indicating the lot which contains the house, which is Lot #2, Nassau Point Subdivision Lot 170 , and the adjacent lot which is Lot #1 in this particular application, Nassau Point Subdivision Lot 206 . Lot #2 . contains 28 ,375 square feet and is on Nassau Point Road and the adjusted lot, adding to this lot in this..application, Lot #1, has 28,000 square feet on Wunneweta Road. What would you like to say, Mr. Lark? RICHARD F. LARK, ESQ. : I think the application as you read it pretty much speaks for itself. The one thing that you might not know is the old survey for Mary Bohle, ;the mother of the Lot 170 which was done in 1963 , and you can the main reason- ing of the application '..is that when it was all in the one-family situation, they get to the house over on Lot #206 , they come through Southold Towri:_-Board of peals -10- -lay 7, 1982 (Appeal No. 2958 —Grace Golden, .continued: ) MR. LARK continued: the driveway here, as you see, off Nassau Point Road,. go through 170 and go around. This is like a -gazebo or-- CHAIRMAN GOEHRINGER: Yes, we were there. MR. LARK: Oh, you were in the back there to see that. Now what they want to do, the time has come where they want to sell this lot off, which is what you see here of 170 ; and in order to do that to make it marketable they have to get rid of the "easement" going back to the other lot, which they propose to do by cutting it off. . . but when you do that the manuevering room is rather tight as you saw in the application. So what they want to do is just move it over, it 's about a 2,000 sq. ft. thing and curiously enough it works out that both lots will be about equal now in area. There is no increase in density. The houses are there. This is a pre-zoning thing that developed and now I'm trying to straighten out a bad situation. There is a driveway as you saw coming in off Wunneweta and goes around. . . but you can see the reason for the application. . . so you can increase that ramp, put a fence across there and eliminate this business in the back. And then this will be a separate lot and then there won't be any problems. That' s about it. The Planning Board I guess you are aware did give a set-off for that little extra piece and should be a part of your file. We don' t have a question here were the lots were owned by the same people—one lot' s owned by the daughter and the other lot is owned by the son and the daughter of the family. But we wanted to add to one and subtract the other and make them about equal. CHAIRMAN GOEHRINGER: Thank you, sir. Anybody else like to speak in behalf of the application? Anybody like to speak against the application? Would any of your people like to say anything, Mr. Lark? MR. LARK: No. Unless you have some questions. Mrs. Golden is here, one of the applicants. CHAIRMAN GOEHRINGER: Hearing no further comments , I' ll make a motion granting the application as applied for. The board made the following findings and determination: By this appeal, appellant requests permission to change the center lot line dividing Lots 170 and 206 of Subdivision entitled, "Amended Map A of Nassau Point, " Cutchogue, New York, thereby reduc- ing the lot area for Lot 170 by 2, 000 square feet and increase the lot area for Lot 206 by 2,000 square feet. The change proposed would allow more rearyard area at the rear of the existing 1 -,-story house and garage on Lot 206 , and Lot 170 will be retaining a reason- able rearyard area. The total lot, area for Lot 206 will be 28,000 square feet and Lot 170 28 ,375 square feet. At a Regular Meeting held April 26 , 1982, the Planning Board granted a set-off -pursuant to Section 106-13 of the Code. In considering this appeal, the board determines that the Southold Town Board of Appeals -11- May 7, 1982 (Appeal No. 2958 , Grace Golden continued: ) variance request is not substantial in relation to the code require- ments; 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 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. 2958 , application of Grace Golden for permission to change the center lot line between Subdivision Lots 170 and 206 , Amended Map A of Nassau Point, Filed Map No. 156 , be and hereby is APPROVED AS APPLIED FOR. Vote of. the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was : Member Sawicki . ) This resolution was unanimously adopted. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the next Regular. Meeting of this Board is scheduled to be held commencing at 7 :30 p.m. on Wednesday, May 26 , 1982 , to be held at the .Town Hall, Southold, New York. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was : Member Sawicki. ) FISHERS ISLAND ACCESS ROADS: - 280a list from 1957 . . Member Grigonis said he researched between 1957 and 1969 , during which period no approvals of access by this board were made. The Secretary will pick up from 1969 and prepare a list. to date in order that further research and investigation may be done some time in the near future with .the Southold Town Planning Board. Southold Town Boaz of Appeals -12- May i , 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2980'. Application of Robert E. and Eileen G..- WALL. -Variance to place accessory garage -in the sideyard area. Montauk Avenue' ,- F.I. .On motion by Mr. Grigonis, seconded by Mr. Goehri.nger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of ROBERT & EILEEN WALL: ENVIRONMENTAL DECLARATION: ` ' Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board 'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified .-as a Type II .Action, not having a significant adverse effect upon .the environment for the following reason (s) : An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to-- occur should this project be implemented as planned. The project in question is not located within .300 .feet . of tidal .wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Montauk Avenue, Fishers Island, NY; CTM #1000-10-8-13 . Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis. Absent was: Member Sawicki. - C- ..•'•;fir=�': Southold Town Boai of Appeals =13- Mai , ; 1982 - ENVIRONMENTAL DECLARATION: Appeal No. 297.8 . Application of ROBERT W. GILLISPIE, JR. . Variance to- increase size of pool: fencein the frontyard area to a height- exceeding the maximum- permitted four feet. On motion by Mr. Grigonis, seconded .by Mr..'.Goehr-inger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Robert W, Gillispi.e, Jr. : ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the -N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board 'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a_ Type II .Action; not having a significant adverse effect upon the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 15345 Main Road, East Marion, NY; CTM #1000-23-1-5. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis. (Absent was Member Sawicki. ) Southold Town Boar, of Appeals -14- May , , -1982 ENVIRONMENTAL DECLARATION: Appeal No. 2811. Application of ERNEST E. WILSBERG, JR. Area and. .width variance. to re-separate lot into two parcels. Ole Jule. Lane, Mattituck. .On motion by Mr. Grigonis, seconded by Mr. �Goehringer*, it was RESOLVED, to declare the following Negative � vironme tal Declaration concerning the matter of Ernest E. WI erg, �r, ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board "of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Action, not having a significant adverse effect upon the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located near tidal wetlands area and is separated by a public road at least 50 '- in width. This declaration should not be considered a determination made for any other department or agency which may also be in- volve6, nor for any other project not covered by the subject appeal application. Location of Property: Ole Jule Lane, Mattituck; CTM #1000-122-5-12 & 13. Vote of the Board: Ayes: Mqssrs. Douglass Goehringer, Doyen and .Grigonis. (Absent was Member Sawicki. f Southold Town Boas. of Appeals -15- .M�=__ 7, 1982 f ENVIRONMENTAL DECLARATION: Appeal No. 2979. Application of Madeline J. Heinisch for the Estate of Ann Donahue for .per-. missipn to construct addition to dwelling with an insufficient . frontyard setback. C.R. 48 , Southold. On motion by Mr. Grigonis, seconded by Mr. -Go.ehr.inge ', it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Estate of Ann Donahue; ' ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board -of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Actionl not having a significant adverse effect upon the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet . of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor .for any other project not covered by the subject appeal application. Location of Property: 41575 C.R. 48 , Southold, NY; CTM #1000-140-3-19. Vote of the Board: Ayes.: Messrs. Douglass, Goehringer, Doyen and Grigonis. (Absent was Member Sawicki. ). Southold Town Board of Appeals -16- Ma_ , 1982 ENVIRONMENTAL DECLARATION: Appeal No. 298.1. Application of John and KathrynRose. Addition .to .ekisting garage reducing .*..' the rearyard setback. 1710 Pike Street, Mattituck. On motion by Mr. Grigonis, seconded by Mr..'.Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of John & Kathryn Rose: ENVIRONMENTAL DECLARATION: ' Pursuant to Section 617. 13 of the -N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board "of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Action, not having a significant adverse effect upon .the environment for the following reason (s) : An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within -300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 1710 Pike Street, Mattituck, NY; CTM #1000-140-3-19. Vote of the Board : Ayes: Messrs. Douglass, Goehringer, Doyen-'and .Grigonis. (Absent was Member Sawicki. ) Southold Town BoarLL of Appeals -17- May , , 1982" ENVIRONMENTAL DECLARATION: Appeal 'No. 298.2. Application of Leighton Wigley. 280-A off Grand Avenue, Mattituck. -' On motion by Mr. Grigonis, seconded by Mr. Go.ehringer.; it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter Of Leighton- Wigley: . ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the-N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II .Action, not having a significant adverse effect upon the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. Approvals of access roa& doe.; not -fall within jurisdiction 10 of the N.Y. S. D.E.C. inasmuch as the .access road is. not over wetlands areas nor involves construction.. . . This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Off Grand Avenue, Mattituck, NY; ' 1000-107-1-12. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis. (Absent was -Member Sawicki. ) Southold Town Boara of Appeals -18= Nial 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2983: Application of PETER S. TERRANOVA. Rear and side decks. Huntington Boulevard and Sound View Avenue, Peconic. .On motion by Mr, .Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of PETER S. -TERRANOVA: ENVIRONMENTAL DECLARATION: ' Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board -of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Action, not having a significant adverse effect upon .the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question in not located within .tidal wetlands area and is separated from the L. I. .Sound from a 50 " road. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 565 Sound Avenue & Huntington Boulevard, Peconic; CTM #1000-67-2-1. Vote of the Board: Ayes: Mqssrs: Douglass, Goehringer, - Doyen and Grigonis. (Absent was Member Sawicki. ) Southold Town Boaru of Appeals -19- May 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2984 : , Application of Anthony and Carmela Prisco for permission to construct addition to existing dwelling with reduced .rearyard. Sunset Way, Southold. On motion by Mr. Grigonis, seconded by Mr. . Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Anthony & Carmela Prisco: ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N,Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board 'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II'.Action, not having a significant adverse effect upon .the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volve6, nor for any other project not covered by the subject appeal application. Location of Property: 370 Sunset Way, Southold;• CTM #1000-91-1-7. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis . (Absent was Member Sawicki. ) Southold Town Boaru of Appeals -20- Mai 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2985. Application of . Alice G. Levien for accessory storage building on a- vacant lot at Beebe Drive, Cutchogue. On motion by Mr. Grigonis, seconded 'by Mr. . Goehririger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Alice G. Levien: ENVIRONMENTAL DECLARATION: f Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental . Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board -of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Action, not having a significant adverse effect upon .the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is located more than 300 feet from .the mean high water mark. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Beeve Drive, Cutchogue, NY; CTM #1000-97-7-9. ,Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis. (Absent was Member Sawicki. ) Southold Town Boara- of Appeals -21- May. 1982 . ENVIRONMENTAL DECLARATION: . Appeal No. .2987.. Application of NORTH FORK BANK & TRUST COMPANY (for Alan A. Cardinale,- owner) for permission to construct drive-in-facility with canopy extending into the frontyard area. Mattituck Shopping- Center, Mattitu.ck. .On motion by Mr. Grigonis, seconded -by Mr. .Goehtinger,. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of NFBTC: ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the 'N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board -of Appeals has determined that the subject project as proposed in this appeal application is hereby classified , as" a- Type II .Action, not having a significant adverse effect upon the environment for the following reason (s) : An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this. project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Main Road, .Mattituck, NY; CTM #1000-142-1-26 . Vote of the Board Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis. (Absent was Member Sawicki . ) Southold Town Boara of Appeals -22- May ,-, 19.82 ENVIRONMENTAL DECLARATION: Appeal No.. 2977.- . Application of JEROME & M. BLOOM for approval of insufficient width of two proposed parcels located at the north side of Main Road, Orient, NY. .On motion by Mr. Grigonis , seconded by Mr.. •Goehringer,_ it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of JEROME BLOOM: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board 'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a Type II .Action, not having a significant adverse effect upon .the environment for the following reason (s) : r An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: N/s Main Road, Orient, NY; CTM #k1000-2371-10 .and 11. Vote of the Board: Ayes: Messrs. Douglass Goehringer, Doyen and .Grigonis. (Absent was Member SawickM Southold Town Boaru of Appeals -23- Mar- 7 , 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2914 . Application of Norman C. Boos for permission to reduce -land area for exist-. ing marina by dividing premises into two. parcels, each with insufficient upland area. 8000 Skunk Lane . (a/k/a Bay Avenue), Cutchogue. On motion by Mr. Grigonis, seconded by Mr., .Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of NORMAN C.. BOOS: ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board 'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II .Action, not having a significant adverse effect upon the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The applicant has received written -approval from the .' N.Y.S. D.E.C. under Permit #10-8170184 to construct a single— family_ dwelling and subdivide the existing lot into two parcels. . This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by, the subject appeal application. Location of Property: Bay Avenue, Cutchogue, NY; CTM #1000-104-8-2. 1. Vote of the. Board: Ayes: Messrs. Douglass, Goehringer, Doyen and Grigonis . (Absent was Member Sawicki. ) -_ ft- -+:`+`may t ' .• -_ .. .. . .. ..... - ... .. _ .. .. .. ._.. ... Southold Town Board of Appeals -24- May 7, 1982 On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the following appeals be scheduled and advertised in - the local and official newspaper pursuant to law for public hearings to .be held at the next Regular Meeting of this board on Wednesday, May 26 , 1982 as follows: 7: 30 p.m. ROBERT AND EILEEN WALL. Detached two-car garage in sideyard area. Montauk Ave. , F.I. 7 : 35 p.m. ROBERT W. GILLISPIE, JR. To increase fenced area around frontyard pool to a height exceed- ing the maximum-permitted four feet. 15345 Main Road, East Marion. 7:40 .p.m. ERNEST E. WILSBERG. Requests approval of insufficient area and road frontage of two proposed parcels. Ole Jule Lane, Mattituck. 7:45 p.m. ESTATE OF ANN DONAHUE, BY MADELINE J. HEINISCH. Addition to dwelling with insufficient front yard. 41575 C.R. 48 , Southold. 7 :50 .p.m. JOHN H. & KATHRYN ROSE. Addition to existing garage reducing rearyard. 1710 .Pike St. , Matt. 8 :05 p.m. PETER S. TERRANOVA. Decks with insufficient front and rear yard setbacks and exceeding the maximum-permitted lot coverage. 11.70 Huntington Boulevard, Peconic. 8 :15. p.m. ANTHONY & CARMELA PRISCO. Extension to existing dwelling reducing rearyard.. 370 Sunset Way, Sld. 8 : 20 p.m. ALICE G. LEVIEN. Storage building on vacant lot. Beebe Drive, Cutchogue. 8 :30 p.m. NORTH FORK BANK & TRUST CO. (Alan Cardinale, Owner) . Drive-in Banking Facility with Canopy extending into the frontyard area. Mattituck Shopping Center, Mattituck. 8 :40 p.m.. NORMAN C. BOOS. Reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Bay. Avenue, 'Cutchogue. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was: Member Sawicki. ) This resolution was unanimously adopted. Southold Town Board of Appals -25- N-,_ 7 , 1982 RESERVED DECISION: Appeal No. 2974 . Upon application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minne- haha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed pending delibera- tions. The board made the following findings and determination: By this appeal, applicants seek permission to construct an 8 ' by 10 ' accessory building in the sideyard area for purposes of storage. The premises in question has approximately 60 ' road frontage and an average depth of approximately 134 feet. Existing on the premises is private one-family dwelling. The entire length of the water-lying edge of this property is a functional bulkhead in very good condition. Upon inspection of the adjoining properties, C> the bo ar& finds that the property directly to the east has con- structed thereon a similar type of structure opposite the requested... location. The board agrees with the reasoning of applicants. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments ; 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 (s) , 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. On motion by Mr. Grigonis, seconded by Mr. Douglass , it was RESOLVED, that the application of Lucy E. Michaels for per- mission to construct accessory storage building in the side yard area as applied for in Appeal No. 2974 be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS : (1) That the accessory storage building be constructed not closer than 55 feet from the front property line; (2) That the accessory storage building be constructed not closer than five feet from the east side property line. Location of Property: 3570 Minnehaha Boulevard, Southold, NY; Southold Town Board of ApNuals -26- =Kay 7, 1982 (Appeal No. 2974 - Lucy E. Michaels, continued: ) County Tax. Map .Parcel No. 1000-87-3-7. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) RESERVED DECISION:. Appeal No. 2972 . Upon application of Anthony Macaluso, 1175 Oak Drive, Southold, NY for a Variance to. the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, NY; also referred to as Reydon Shores Subdivision Filed Map 631, Block C, Lots 16 and 17 ; `County Tax Map No. 1000-80-1-39. 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, applicant seeks permission to construct a deck six feet deep into the frontyard area and extending northeasterly no closer than 72 ' from the side property line. The premises in question has 60 ' frontage along Oak Drive with a depth of 178 feet. A neighbor' s dwelling to the east of the subject dwelling has a fully enclosed front porch with a setback from the front property line at approximately 162 ' . At the front of the dwelling in question is a small open porch/step area which extends six feet deep into the frontyard area at the present time. The board finds applicant' s request reasonable under the circumstances. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; 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 (s) , 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the application of. Anthony Macaluso for permis- sion to construct deck to dwelling be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS : r (1) That the deck never be enclosed; Southold Town Board of Appeals -27 May 7 , 1982 (Appeal No. 2972 - Anthony Macaluso, continued: ) (2) That the deck be no closer than eight feet to the southeast side property line. Location of Property: Reydon Shores Subdivision Lots 16 and 17, Filed Map 631, Block C; 1175 Oak Drive, Southold, NY; County Tax Map Parcel No. 1000-80-1-39. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass . (Member Sawicki was absent. ) RESERVED DECISION: Appeal No. 2976 . Upon application of Karl and Helen Dimig, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Sec- tion 1.00-118E for permission to reconstruct and enlarge existing garage located ,-in the frontyard area to an extent exceeding 5.0% of its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. 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, applicants seek permission to enlarge an accessory storage building located in the frontyard from its present size of 12 ' by 20 ' to 23 ' by 261 , requesting a setback from the southerly side property line at three feet. The premises in question has constructed thereon, a private one-family one-story frame dwelling and the accessory building in question. The driveway to the subject" dwelling runs generally along the north side of the accessory, building. The area along the southerly property line is wooded. It is the opinion of the board that the project proposed is reasonable under the circum- stances , however there should be a setback from the southeast side property line no closer than feet feet. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; 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, Southold Town Board of Appeals -28- May 7 , 1982 (Appeal No. 2976 - Karl and Helen Dimig, continued: ) feasible to appellant (s) , 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Karl and Helen Dimig for permission to enlarge garage located in the frontyard. area, Appeal No. 2976 , be and hereby is GRANTED, SUBJECT TO THE FOLLOWING CON- DITION: That the garage be constructed no closer than five feet to the southeast sideyard line. Location of Property: 1015 Bungalow Lane, Mattituck, NY; County Tax Map Parcel No. 1000-123-3-13. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) (Minutes continued on Page 29) • Southold Town Board of Appeals -29- May 7, 1982 Regular Meeting RESERVED DECISION: Appeal No. 2945. , Application .of Hubert K. and Catherine P. Harren, Sound View Avenue , Mattituck, NY (by Abigail A. Wickham, Esq. ) for a Variance to the Zoning Ordinance, Article III , Section 100-31 for approval of insufficient area of two parcels near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 and 6 ; bounded north by Ahern and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Sal- taire Way. 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, appellants request permission to divide premises , which the building inspector has deemed to be one parcel since the change of zoning in 1971 to one acre, into two separate lots as existed when originally conveyed to the appellants herein, i.e. easterly parcel (County Tax Map .District 1000 , Section 100 , Block 1, Lot 20) , by deed dated December 31, 1963. and recorded at Liber 5478 cp 167, and the westerly parcel (County Tax Map District 1000 , Section 100, Block 1 , Lot 6 ) , by deed dated November 12, 1959 and .recorded at Liber 4726 cp 354. The lot area of the parcels, respectively are approximately 30 ,000 and 34 ,000 square feet and each with the minimum requirement of 150 feet road frontage. Existing on the westerly parcel is a . one-family private dwelling, and the easterly parcel is vacant. These lots will be substantially larger than those generally in the neighborhood, and the board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; 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 (s) , 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 har- mony 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. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Hubert K. and Catherine P. J f • , Southold Town Board of Appeals -30- May 7 , 1982 Regular Meeting (Appeal No. 2945, Hubert & Catherine Harren, continued: ) Harren for approval of insufficient area of two parcels as applied for in Appeal No. 2945; be and hereby IS GRANTED AS APPLIED FOR. Location of Property: Near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000- 100-1-20 and 6 ; bounded north by Ahern and Dormer; west by Reeve Road; south ,by Hallinan and Wowak; east by Saltaire Way. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) RESERVED DECISION: Appeal No. 2973. Upon application of Eugene and Patricia Ann Mott, Box 38, RFD #1, Middle Island Boulevard, Middle. Island, NY 11953, for a Variance to the Zoning Ordinance, Article VlI, Section 100-71 for permission to construct building in this B-1 Zone with insufficient side and -rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mostupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed pending deliberations. The board made'..:the following findings and determination: By this appeal, applicants seek permission to construct a 40 ' by 100 ' building for commercial use on this B-1 Zoned Parcel located at the north side of Main Road, Cutchogue. The premises in question is vacant, and fronts along the State Route approxi- mately 85 feet and has a depth of 166 feet. The proposed. building is proposed to be setback 35 feet from the Main Road property line, 38 feet from the westerly parcel, 6 . 64 feet from the easterly parcel, and approximately 31 feet from the rear property line. It is the unanimous opinion of the board the setback from the easterly property line should be a minimum of eight feet, and this location appears to be the most feasible and useful area, particularly due to the lot size. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; 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 (s) , 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by .allowing the variance as Southold Town Board of Appeals -31- May 7 , 1982 (Appeal No. 2973 - Eugene and Patricia Ann Mott, continued: ) applied for and as specified below. On motion .by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the application of Eugene and Patricia Ann Mott, Appeal No. 2973 for permission to construct commercial building in this B-1 Zone with insufficient side and rear yard setbacks, be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CON- DITIONS: (1) That the subject building be constructed not closer than five feet to the northeast side property line; (2) That this variance is subject to obtaining parking approval from the Southold Town Planning Board [Section. 100-112 of the Code] . Location of Property: 39135 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-9. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis and Douglass. (Absent was Member Sawicki. ) This resolution was unanimously adopted. Southold Town Board of Appeals -32- May 7', 1982 OF RESERVED DECISION: Appeal No. 2942. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for per- mission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70-2-6 . The public hearing on this matter was held on March 19, 1982 , at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: Appellants have appealed to 'this board seeking a Special Excep- tion to the zoning ordinance, Article III, Section 100-30B (1) for permission to convert existing one-family dwelling to two-family use which is located in an "A" zoning district at the southeast side of Main Road, Southold, New York. The premises in question contains an area of approximately 25 , 900 square feet with 78 ' road frontage and a depth of 300 . 37 feet. The premises is improved with a 2z-story frame house and separate accessory garage in the rear yard. Article III., Section 100-30B (1) of the zoning code states that . . . "The following uses are permitted as a special exception . . .subject to site plan approval in accordance with Article XIII. . . : (1) Two-family dwellings, conversion of existing buildings and new consruction, not to exceed one (1) such dwelling on each lot. . . " . Section 100-31 of the zoning code requires that " . . .No building or premises shall be used . . . in the A Residential and Agricultural District unless the same conforms with the 'Bulk and Parking Schedule' incorporated into this chapter, by reference, with the same force and effect as if such regulations were set forth herein in full . . . " . The minimum requirements for a two-family dwelling as shown on the bulk schedule are as follows : 80,000 square feet total lot area; 270 feet of lot width; 250 feet of lot depth; 50 foot setback in the frontyard; 25-foot setback in the sideyard; both sideyards a total of 45 feet; livable floor area per dwelling unit 850 square- feet. In the board' s opinion, appellants ' remedy is legislative and not administrative. Inasmuch as the circumstances herein does not comply with the minimum requirements of the zoning code, the special exception application must be denied. On motion by Mr. Grigonis , seconded by Mr. Douglass, it was RESOLVED, that the application of Paul and Margaret Radich, Appeal No. 2942 filed December 21, 1981, is accordingly denied without prejudice. r Southold Town Board of Appeals -33- May 7 , 1982 (Appeal No. 2942 - Paul and Margaret Radich, continued : ) Location of Property: 51170 Main Road, Southold, . NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70-2-6 . Vote of the Board Ayes : Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent. ) Being there was no further business properly coming before the board at this time, the Chairman declared the meeting closed at approximately 9 : 30 p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals 4an PROVED o, d of Appeal RECEIVED AND FILED B THE SOUTZ C)LD TOWN CLERK DATE'����8a HOUF ,7�°A'1 own C eik► Ir 0