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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M I. N U T E S
JOSEPH H. SAWICKI — — — — — — —
SPECIAL MEETING
APRIL 3 , 1982
A Special Meeting of the Southold Town Board of Appeals was
held on Saturday, April 3 , 1982 at 9: 30 o'clock a.m. at the
Southold Town Hall, Office of the Board of Appeals, Main Road,
Southold, New York 11971.
Present were : Gerard P. Goehringer, Chairman; . Charles
Grigonis , Jr. ; Serge Doyen; Robert J. Douglass; Joseph H. Sawicki.
The Chairman called the meeting to order at 9: 30 a.m.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it
was
RESOLVED, that the following matters be scheduled and
advertised pursuant to law for public hearings to be held at
the next Regular Meeting of this board, to wit, April 14 , 1982
in addition to those previously scheduled:
8 : 05 p.m. RICHARD ZEIDLER. Requests permission to construct
addition to dwelling reducing sideyard area.
McDonald Road, Laurel.
8 :10 p.m. AARON SHIKLER (by Warren Sambach) , 280-a over
a private right-of-way off Main Road, East Marion.
8 :15 p.m. MATTITUCK CHAMBER OF COMMERCE. S.E. to erect
sign in A-Zone. N/s C.R. 48 , Cutchogue.
8 : 15 p.m. MATTITUCK CHAMBER OF COMMERCE. Variance to erect
sign in B-1 Zone. C.R. 48 & Westphalia Avenue,
Mattituck.
8 : 15 p.m. MATTITUCK CHAMBER OF COMMERCE. S.E. to erect
sign in A-Zone. North side of Main Road, Mattituck.
Southold Town Board of Appeals -2- April 3 , 1982 (Special
Meeting)
8 : 20 p.m. MATTITUCK• CHAMBER OF COMMERCE. S.E. to erect sign
in A-Zone. SE/corner of Aldrich Lane & Sound Avenue,
Mattituck.
8: 30 p.m. WILLIAM J. _& RUTH BOYLHART (by William Smith) .
Variance to the Flood Plain Management Law of the
Town of Southold to construct lowest floor below
the minimum 11' elevation above mean sea level at
1370 Latham Lane, Orient.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution. was unanimously adopted.
APPEAL NO. 2946 . PETER KUJAWSKI. (by Stanley Corwin, Esq. ) .
Variance for 280A and approval- of insufficient setback of build-
ing to new location of lot;:line (s) . Location of Property: 3275
Skunk Lane, Cutchogue, NY.
The board reviewed and discussed correspondence dated March 29,
1982 from Stanley Corwin, Esq. in which supplemental papers were
submitted. The board agreed .with--.and authorized the Chairman to
send Mr. Corwin a letter. requesting a mapped sketch of exactly
where the right-of-way in question lies or will lie. It was also
noted that as of this date this. proposed subdivision is still
being .reviewed . by the Planning Board.
NEW APPEAL. Appeal No. 2970. JAMES MANOS. Variance applica-
tion for approval of access to four lots to be created in a proposed
minor subdivision near Mill Road, Mattituck.
The board reviewed the recently-filed application of Mr. Manos
by Rudy Bruer, Esq. and the following information was requested
as early as possible (by April 14th if possible in order to be
considered for scheduling for the early May 1982 Regular Meeting) :
1. Legal document giving access to the proposed subdivision
over Subdivision Lot #13 of Jackson' s Landing (CTM #1000-106-6-16) ;
2. Notice of Disapproval from the Building Inspector;
3. Short Environmental Assessment Form.
Southold Town Board of Appeals -3- - Apri-L 3, 1982 Special
Meeting
RESERVED DECISION: Appeal No. 2944. Application of Barbara
Kujawski, 125 Sound Avenue, Mattituck, NY for a Variance to the
Zoning Ordinance, Article III , Section 100-30A for permission to
conduct real estate branch office at premises zoned A-Agricultural
and Residential , more particularly known as 125 Sound Avenue,
Mattituck, NY; bounded northwest, northeast and east by J. Kujawski
and ano. ; south by Sound Avenue; east by LILCO. County Tax Map
Parcel. No. 1000-120-1-2. 2.
Public hearings on this matter were held on February 4, 1982
and February 26 , 1982, at which time the hearing was declared
closed pending deliberations.
The board made the following findings and determination:
This is an appeal for a use variance to permit residentially
zoned property to be used as a branch real estate office.
The premises in question are located on the north side of
Sound Avenue, and comprises approximately 40 , 241 square feet in
area. The property is improved with a 1-1/2-story wood frame
dwelling house, together with a detached private garage. It is
designated on the Suffolk County Tax Map as District 1000 , Sec-
tion 120 , Block 1, Lot 2. 2. All neighboring property is in the
"A" use district. The dwelling is occupied by appellant and her
children as a private residence. It is the intention of the
appellant to use a portion of the dwelling for the operation of
a branch real estate office. Although the zoning code permits
certain specified professional offices to be located in a private
dwelling, as an accessory use, subject to specified conditions ,
a real estate office is not one of these specified uses. Accord-
ingly, such a use may only be allowed by the grant of a use
variance.
It is well established that before a use variance may be
granted by this board, unnecessary hardship must be demonstrated
by proof that: (1) the land cannot yield a reasonable return if
used only for the purpose allowed by the code; (2) that the
plight of the owner is due to� unique circumstances and not to
the general conditions in the neighborhood, and (3) that the
use, .applied forawill,_'not ..alter the essential character of the
neighborhood.
At .the hearing, the only proof submitted was applicant' s
statement bearing on the suitability of the building and land
for the intended use. No evidence was presented on the issue of
unnecessary hardship. In the absence of such proof, this board
may not grant a variance.
At the hearing, certain legal questions were presented in
opposition to the grant of this variance. However, since the
Southold Town Board of Aepeals -4- April 1982 Special
Meeting
(Appeal No. 2944 - Barbara Kujawski, continued) :
board must deny the application for the reasons stated, the
board deems- it unnecessary to address such issues.
Accordingly, on motion by Mr. Douglass , seconded by Mr.
Grigonis , it was
RESOLVED, to deny Appeal No. 2944 , application of Barbara
Kujawski in which permission was . requested to conduct a real
estate branch office at premises known as 125 Sound Avenue, Mat-
tituck, NY.
Vote of the Board: Ayes : Messrs. Grigonis , Doyen and
Douglass. Member Goehringer abstained from vote. Member
Sawicki was absent.
NEW APPEAL. Appeal No. 2:964 . RAYMOND & . JOAN YOUNG.
Variance application filed March 26 , 1982 for approval of
insufficient area of parcels in a proposed :subdivision of
property located at the corners of Shirley Road and Youngs
Avenue, and Shirley Road and Horton Avenue, in Mattituck.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
it was
RESOLVED, to table Appeal No. 2964 , application of Raymond
and Joan Young pending review and , approval by the Planning Board
concerning the proposed subdivision of property.
Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doyen,
Douglass and Sawicki. This resolution was unanimously adopted.
NEW APPEAL. Appeal No. FL-11. WILLIAM J. BOYLHART and
wife, by William B. Smith. Variance to the Floodplain Management
Law of the Town of Southold, Chapter 46 , Section 46-18A for per-
mission to construct lowest floor below the 11' minimum elevation
above mean sea level. 1370 Latham Lane, Orient, NY.
George Fisher, Senior Building Inspector , appeared before
the board at the board' s request concerning Mr. Fisher' s inter-
pretation dated March 30 , 1982 and letter dated March 12 , 1982.
It appears that although .this property falls within the V-Zone
on FIRM #360813 0050A of March 18 , 1980 , Mr. Fisher is permitted
to interpret the area to be in a different zone, and therefore
so interprets this area to be in an A-Zone. Mr. Fisher states
that it is his feeling that there should be a_strip: .of "A.'..
A Flood
Zoning" in between the B and the V Flood Zones. It is also the
board ' s understanding a'--cellar: may 1n.ot-be. constructed at any
elevation in a...V=Flood Zone; however since the building inspector
Southold Town Board of 1.rreals -5- Apr 3 , 1982 (Special
Meeting)
(Appeal No. FL-11 BOYLHART,.continued: )
has interpreted this parcel to be in an A-Flood Zone, it may,.,be
permitted without a variance above the minimum 11' elevation, or
in the alternative, by the subject application.
RESERVED DECISION: Appeal No. 2953. Application of Harvey
Bagshaw Inc. , in care of Philip J. Ofrias, Jr. ,' Esq. , 737 Roanoke
Avenue, Riverhead, NY for a Variance to the Zoning Ordinance,
Article VII, Section 100-71 for approval of the construction of
additions at the east and west sides of the existing building
with insufficient setbacks and insufficient total yard areas at
7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34.
The public hearing concerning this matter was held on
March 19, 1982, at which time the hearing was closed pending
deliberations .
The board made the following findings and determination:
By this appeal, applicant seeks approval of the construction
of: (a) a 12 ' by 24 ' addition [portico [ to the east side of
existing principal building to park and protect. a tow truck, and
(b) a 20 ' by 44 ' addition on the west side of existing principal
building for storage. The portico addition reduces the easterly
yard setback to 13. 6 feet and the westerly concrete block addition
reduces the westerly yard area to 17.6 feet, as shown on the
January 14 ,. 1980 survey submitted with the subject application.
The premises in question contains an area of approximately
22 ,620 square feet, which includes the triangular 48 ' by 180 '
section applicant states he acquired on August 2 , 1979 increasing
the yard area to the westerly side of the existing principal
building. The parcel has road frontage along the State Route 25
of 100 ' with a depth along the private right-of-way of 180 ' and
along the easterly side property line of 186 . 371 .
A previous appeal has been applied for under Appeal No. 2022
which was given a conditional approval July 3 , 1975 to construct
an automobile body repair shop. It is also the understanding of
this board that the Planning Board approved the site plan of.
this property on March 12 , 1975 with certain conditions concern-
ing landscaping, screening and prohibiting storage of disabled
vehicles .in the front parking area.
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 and the
practical difficulties have been shown; that by allowing the
variance no substantial detriment to adjoining properties would
Southold Town Board of Appeals -6- April � , . 1982 (Special
Meeting)
(Appeal No. 2953 - Harvey Bagshaw Inc. , continued: )
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, subject to the conditions listed below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it
was
RESOLVED, that Appeal No. 2953 , application of Harvey
Bagshaw Inc. for approval of the construction of additions at
the east and west sides of principal building as shown on survey.
dated 1/14/80 submitted with the appeal application, is hereby
GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the easterly side area be used only for normal
egress and ingress;
2 . That there shall be no storage of any vehicles at or along
the easterly side area, except for tow trucks to be housed at all
times in the existing sheltered enclosure;
3 . That the following uses cease at the easterly side area of
the premises : [a] washing of cars , [b] parking of vehicles,
[c] loading and unloading of vehicles.
Location of Property: 7255 Main Road, Laurel, NY; County Tax
Map Parcel No. 1000-122-6-35. 5 (or 34) .
Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis
and Sawicki. Member Douglass abstained from vote.
Southold Town Boaru of Appeals -7- April 1982 (Special .-
Meeting)
ENVIRONMENTAL DECLARATION: APPEAL NO.. 2963. Application
of Richard Zeidler, for permission to construct addition with
reduction in sideyard area. McDonald Road, Laurel, NY.
.On motion by Mr. Douglass, seconded by Mr.. Goehringer, _
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Richard Zeidler:
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-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: McDonald Road, Laurel, NY;
County Tax. Map Parcel No.. 1000-145-04-015.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
Southold Town Boaru of Appeals -8- April 3, -982 (Special Meeting)
ENVIRONMENTAL DECLARATION: Appeal No. 2965-.. Application of Aaron Shikler.. (by Warren Sambach) for. a Variance .for approval.
of access over a private right-of-way off Main: Road., Ea:st
Marion, NY.
-On motion by Mr. Douglass, seconded by Mr.:. Goehringer,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Aaron Shikler:
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-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: On a private right-of-way off the
Main Road, East Marion, NY; County Tax Map Parcel No. 1000
23-1-7.
Vote of. the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
-,t c
Southold Town Boaru of Appeals -9- April_ , 19.82 :(Special Meeting)
-ENVIRONMENTAL DECLARATION: Appeal "No. 29.66 . Application of
Mattituck Chamber of Commerce for permission to erect off-premises
advertising sign on premises of Leslie Tuthill, C.R'. .49, Cutchogue,
NY.
-On motion by Mr. Douglass, seconded* by Mr. Goehringer,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Mattituck Chamber- of ..
Commerce:
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 premises in question is not located within 300 feet
of tidal wetlands area.
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: C.R. 48, Cutchogue, NY; County
Tax Map Parcel No. 1000-101-1-4.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen-, Grigonis and Sawicki.
Southold Town Boaru of Appeals -10 April ' 19,82 -(Special .Meeting)
ENVIRONMENTAL DECLARATION: Appeal No.. 2967. Application .
of Mattituck Chamber of Commerce for permission to erect -off-
premises advertising sign on premises of Raymond Nine, :C.R. . 48
and Westphalia Avenue, Mattituck, NY.
.On motion by Mr. Douglass , seconded by Mr.. . Goehringer,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Mattituck Chamber of .
Commerce:
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 'o.f '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 premises in question .is not located within 300 feet
of tidal wetlands area.
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: C.R. 48 and Westphalia Avenue,
Mattituck, NY; CTM #1000.-141-3-22.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
Southold Town Boaru of Appeals -11- April 3, 982 (Special Meeting)
ENVIRONMENTAL DECLARATION: Appeal No. 2968-.. Application
of Mattituck Chamber of Commerce for permission to erect off-
premises advertising sign' on premises of Greenbriar Homes ,. In'c. , .-.
Main Road, Mattituck, NY.
-On motion by Mr. Douglass ,. seconded by Mr.. .Goehringer,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Mattituck Chamber of
Commerce
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 premises in question is not located within 300 feet
of tidal wetlands area.
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: Main Road, Mattituck,. .NY; County
Tax Map Parcel No. 1000-108-3-5. 5.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
Southold Town Boaru of Appeals -1,2-- April 1982 (.Special 'Meeting)
ENVIRONMENTAL DECLARATION: Appeal No. .2969. ."Application
of Mattituck Chamber of Commerce for permission 'to erect .off-
premises advertising sign on premises -of R. Reeve,. Sound
Avenue and Aldrich Lane, Mattituck, NY.
-On motion by Mr. Douglass, seconded by Mr. .-Goehririger,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Mattituck Chamber of
Commerce:
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 'o.f 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 premises in question is not located within 300 feet
of tidal wetlands area.
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: Sound Avenue and Aldrich Lane,
Mattituck, NY; CTM #1000-120-3-8 .
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
Southold Town Board of Appeals 1'3 April 3, -982 (Special Meeting)
n
ENVIRONMENTAL DECLARATION: Appeal No.' FL-.11. Application of
William J. Boylhart by William B. Smith as agent, for permission
to construct lowest floor (cellar) below the. 111 minimum elevation
above mean sea level .
On motion by Mr. Douglass , seconded 'byMr.`.-Goehringer;
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of William J. Boylhart:
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 ype 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 N-:-Y:_5.. .-Department of Environmental Conservation- has .
issued an extension of expiration date on tidal wetlands
building permit #TW 15274-0070 until March 31 , 1983.
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: 1370 Latham Lane, Orient, NY;
County Tax Map Parcel No. 1000-15-9-1.4 .
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Doyen, Grigonis and Sawicki.
Southold Town Board of .Appeal.s -14- April 3 , 1982 (Special Meeting)
Being there,;was no further business properly coming before
the board at this time, the Chairman declared the meeting closed.
Respectfully submitted,
Linda F. Kowalski, Secretary
APPROVED Southold Town Board of Appeals
Chair an 06ard of App is
F�RE
CFIVFD AND FILED BYE SOUTHOLD TOWN CLERK
DATE 'lrll'- � OUR//,'.30Apk
o
Town Clerk, Town of Southold
oS�FFo��o
Southold' Town Board of Appeah. ,
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. .WAIVER
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI OF NOTICE OF
SPECIAL MEETING
WE, the undersigned, being members of the Board of Appeals
of the Town of Southold, Suffolk County, New York, do hereby
severally waive notice of the time, place and purpose of the
meeting of the Board of Appeals to be held at the Southold Town
Hall , Main Road, Southold, New York on /)Pp-),L 3� (y�Z-
9'/5 A.-k'' and do hereby consent that the same
be held on said date for the transaction 'of any business which
may properly come before said meeting.
DATED: �Pa i t 34, /9,F2-.
Southold, New York.
Ger rd P. Goehring , Chairman
Charles Grigo s, .Jr , Member
Ser n, Tr. , M ber
0-0100
obert J. uglass, a er
eph H. Sawicki, Member
f
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE, ' �S'l9 OUR -30
Town Clerk, Town of Southold