Loading...
HomeMy WebLinkAboutZBA-07/08/1982 z 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 JULY 8, 1982 REGULAR MEETING A Regular Meeting of .the Southold Town Board of Appeals was held on Thursday, July 8, 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: Mr. Victor Lessard, Executive Administrator of the Town of Southold; Mrs. Ruth Oliva, North Fork Environmental Council; Mr...,Henry Lytle, Southold-Peconic Seniors .Club. The Chairman, called. the meeting to. order at 7 :30 ..p.m. -_and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 2997. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport-,� NY for Variance to the -Zoning Ordinance, Article III, Sections 100-31 and 100-36 for approval of construction of swimmingpool and deck .with insufficient side, and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. The Chairman opened the Bearing at 7 :30 .p.m. and read the legal notice of hearing. in its entirety and .appeal application. MR. CHAIRMAN: We have a copy of a survey produced on June 24 , 1974 (amended December 29, 1980) indicating the pool and deck areas as it is attached to the house. We have also a building permit which is a little more descriptive and we have a copy of the County Tax Map showing this and the surrounding properties in the area.' Is there anybody wishing to speak in behalf of this application? ABIGAIL A. WICKHAM, ESQ. : Abigail A. Wickham, Esq. I think most Southold Town Board Appeals -2- July 8, 1982 Regular Mtg. (Appeal No. 2997 .- Annette Golden Carnes, continued: ) MRS. WICKHAM continued: of the history here was set forth in the papers, and I would like the board to consider the affidavit of Mrs. Carnes as part of the record. We are asking for approval of the pool and deck, which were constructed pursuant to a building permit, and it was not until the final C/O inspection that a different building inspector -required a variance and sent us to this board. We have a hardship where the applicant has put in the pool and deck. In order to comply, they would have to remove part of the deck and they need the deck in. It' s certainly a unique problem because of the way it arose. It will not affect the character of the district. There is a hedge which Mrs. Carnes-estimates "about "four- or-five feet in width. I don't believe there are any objections from the neighbors. Also, there were some additional plantings put.-in front on the Bay side as a result of conferences with the D.E.C. MR. CHAIRMAN: I have one question, but I will wait to see if there are any objections. Is there any wishing to speak in behalf of this application? Is there anyone wishing to speak against the application? SAMUEL MARKEL: I am a resident of Southold Town, and I am also an acquaintance and friend of Annette and Mr. Carnes. I personally have viewed the situation, and I think the answer is the story from the building permit and that possible litigation might result. (Remainder of statement unclear. ) MR. CHAIRMAN: Is there anybody else for this application? (None) Anyone against? (None) It has been the nature of this board, Miss Wickham, to consider access to the waterfront and we usually deal with an eight-foot access. If there is any work to be done along the . waterfront, it has been our views that .we like to see an access. it does not show on this survey how much you actually have. Maybe you could go back and measure to see what the distance is from your property line to the house. MISS WICKHAM: You are talking about the south side? MR. CHAIRMAN: Where the diving board area is , the south side of the walkway to the boundary. MISS WICKHAM: It' s about 3 to 4 feet. MR. CHAIRMAN: Do you want to go with that, 'or do you want to give us a measurement? I suggest that you give us a call on Monday or so if that ' s what you wish to do. MISS WICKHAM: There is at least 6 to 7 feet on the other side of the house. It didn't feel crowded. If it is three feet, what would we be able to do with this? MR. CHAIRMAN: We may ask for you to trim the hedges on the north Southold Town Board of Appeals -3- July 8 , 1982 Regular Mtg. (Appeal No. 2997 - Annette Golden Carnes, continued: ) MR. CHAIRMAN-continued: side of the house to allow for access at some future date, where you could get a machine in there. MR. CARNES: We just did it. At the north side of the house. MR. CHAIRMAN: There didn't appear to be any way near 7 feet, that is the reason. MRS. CARNES: The access is actually the left side. MISS WICKHAM: I don't think they want to trim it too severely as it has been there for some time. MR. CHAIRMAN: Thank you very much. Are---:there any other questions from anybody else? JERRY BOLGER: In addition to these• .deck=-:areas, the house line on the north and south sides, of the house would be c(of .a:). width so that they can be accessible.:.:.-_ - MISS WICKHAM: I believe Mr. Bolger ( ) was a basis for the record. MR. -CHAIRMAN: Does-.anybody else have any:.-questions? (None) Do any of the board members wish to comment? (None) I' ll make a motion closing the hearing and reserving decision. [The board awaits the additiorial' information before deliberations. ] 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. 2997 - ANNETTE GOLDEN CARNES. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. Southold Town Board of Appeals -4- July 8, 1982 Regular Mtg. PUBLIC. HEARING: Appeal No. 29-98. Application of MARGARET DELLANO, by. Rensselaer G.-Terry, Esq. , Main. Road, Southold, NY for a Variance to the Zoning Ordinance, Article. III, .Section 100-30A and B, for permission to use pre-existing tourist-home altered to a three-apartment building for use as three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property.: 51255 County Road 48 and 50 Clark Road, Southold, NY; bounded north by Corey; west -by Clark Road;, south .by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000-135-2-7.1. The Chairman opened the hearing at 7 :41 p.m. and ,read the legal notice of hearing in -.its entirety and appeal -application. CHAIRMAN GOEHRINGER: We have a copy of a survey prepared on April 6, 1982 by Mr. VanTuyl indicating, the house in question-, which--- is the nature of this application and where it lies on the property. We also have a copy of .the County Tax Map showing this property and the surrounding properties. Mr. Terry. RENSSELAER G. TERRY.: I appear here on behalf of .Mrs. Dellano, who as-you read in the application purchased the property in January of 1952 and continued to operate it as a tourist- home. In addition the Maples sign continues at the present time. Mrs. Dellano has always _.-. . _.yin a very pleasant-manner and so far as I`.knz6w there have been no difficulties, and the .people residing there have always been of a quiet nature. It.. has been and will continue 'to be. a�residential area,..,-.,". S nce' some: of_.yo.0 have viewed the area, you are aware that the- kitchen and living space are very limited areas" so there would not be 'a large number of persons o.cdupy'.ing the building. Mrs. Dellano was. not awar.e , at the time of the change and that she-.'should have made such an. application. She will be in a financial bind if she cannot get some relief here. If this is granted, the character of the neighborhood mill not change. I think it' s quite a peaceful residential area. _.:_Bedause_Lof the "size of the building it would be difficult and .you-,'_d have .to have a large family live ,there. I would like to leave a petition signed by some ,o= the neighbors and former tourists and ask that you. give favorable consideration. (Mr. Terry submitted .a petition containing 34 signatures request- ing this-'--board to approve Mrs. Dellano' s variance application. ) MR. CHAIRMAN: Is there anyone else to speak on behalf of the application. Anyone against? (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. Grigonis , it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2998. MARGARET DELLANO. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki.- This resolution was unanimously adopted. Southold Town Board of Appeals -5- July 8 , 1982 Regular Mtg. PUBLIC HEARING: Appeal No. 3001. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq. , Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 '.at Laughing Waters. The Chairman opened the hearing at 7: 49 p.m. and read -the legal notice of hearing in its entirety and application for a variance. MR. CHAIRMAN: I have a copy of a survey prepared on December 18 , 1981 by R. VanTuyl, P.C. of the parcel of land which is . the nature of this application, and a copy of the County Tax Map showing this and the surround- ing properties. Mr. Cron. RICHARD J. . CRON, ESQ. : This is somewhat of an unusual application. It' s neither a variance or a special exception. It is made pursuant to Section 100-115 of the code with respect to a junkyard-type of business , in that the Zoning Board of Appeals makes an inspection of the property and to be able to make a determination as to whether there is sufficient screening. As I have indicated in the application, before the enactment of the zoning ordinance, he was of the opinion at the date of the notice of violation that he had in fact secured approval from the Zoning Board of Appeals when the zoning ordinance was enacted. Mr. Howard Terry I think can verify that for the board. That is not the important factor. The important factor is that this board make something in writing and have specific requirements in terms of screening that we can 'comply with— screening reasonable in nature. MR. CHAIRMAN: Thank you. Is there any else wishing to speak for the application? HOWARD TERRY. (past building inspector) : Mr. Chairman .and Members of the board. The Zoning Board of Appeals ' and . I have gone and visited the site, and. at that time the zoning ordinance- required screening. I don't classify Mr. Walter' s site as a junk operation. We did go through all 'of:-:these codes. It is my -understand that. he has made a research. :_. .I sent a letter explaing it to Mr. Walters. The survey you have before you shows you where he put up the fence and some trees and bushes. Mr. Walters met the requirements of the board at the time. It was the chairman, Mr. Gillispie, myself and Mr. Bergen. I can' t go down and look through it. MR. CHAIRMAN: We also did an intensified search and could find nothing. It was never acted upon bylthe board. We did an updated search for .280-a's in the town, which;--the Planning Board asked us to do, and we did go through every application that was ever brought before the board and at the same time we searched for information or action concerning Mr. Walters' property and found nothing. However we did find a lot of 280=.a' s. MEMBER GRIGONIS: Baring all the facts, I think it' s pretty much about the same thing. II Southold Town Board of Appeals -6- July 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, continued: ) MR. CHAIRMAN: Is there anyone wishing to speak against the application? Miss :Wickham. ABIGAIL A. WICKHAM, ESQ. : I am here representing an adjoining neighbor, Leslie Kunst, who adjoins the property on the south. She is concerned about the screening because it does affect her property, the saleability and value of the property and is concerned about a possible (. ) `of' .the:_property to the north, which was a problem at some time. Mr. 'ferry indicated there was some natural .vegetation that doesn't seem to be there any more. She would like to see something in terms of a stockade fence along that entire area, not only to the north but also, as you can see, down the road in the front. She likes the neighborhood and would like it to have a nice appearance, and we would like the board to take that into consideration. Mrs. Kunst would also like to address. the board. LESLIE KUNST: I own the property on the south side of Mr. Walters ' property, which is 630 Nokomis Road. I am concerned. I have tried to sell the property. I had an interested buyer,--who turned it down for the reason there were too many cars .and his property was unappealing. I feel now there is no possible resale value with the property being . as it is right now. After I bought the property, it was assessed at a less value for the fact of my neighbor ' s property, Mr. Walters, and I think with suitable screening this would help to improve my property values, and I am concerned about my property values. MR. CHAIRMAN: Is there anyone else wishing to speak against the application? (None) MR. CRON: I think it should be an interesting factor as to perhaps who was first in the area, and the objectant came at a subse- quent date. Mr. Walters is aware that he has to do some type of acreening .and. it is to be of a type this board should consider. The screening should be reasonable. MR. CHAIRMAN: Is there anybody else? MISS WICKHAM: First of all, the code does require .Board of Appeals' approval of suitable screening and there is some question as to what that screening is, and Mrs. Kunst would like to be given a brief description as '.to what type;.'..as she' has been there. (Mrs. Kunst made a statement as to how she and her two children have been harassed byother children after she made a request to the building department about this problem,. -and how Mr. "Walter.s ' junk area seems to get better at one point, and then worsens. ) MR. CRON: I don' t think other children have anything to do with what this application is. Southold Town Board oz Appeals -7- juiy 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, continued: ) MR. TERRY: Mr. Walters has been there since back in. the 1940 ' s , right after World War II, when junk was Actually over a period of time it had fallen over the property line and she could actually have claimed adverse possession because nobody claimed it for years. MR. CHAIRMAN: Any further questions? Board members? (None) I ' ll make a motion to-- MISS WICKHAM: What type of screening are you proposing? MR. CHAIRMAN: Basically, there are three types of screening -- hedges of a certain minimum size, link fences -- complying with the code -- stockade fences. MISS WICKHAM: As to the first two, a hedge can be seen through in the winter time, and a chainlink fence can be seen through at any time. As to what happened in the 1940 ' s and 501s , I'm not sure that is existing. Mrs. Kunst now owns that property, and it does affect her. MR. CRON: The board only considers what the ordinance requires. MISS WICKHAM: Mrs. Kunst wants a stockade fence for aesthetic reasons. MISS WICKHAI�think the preparation of the ordinance is aesthetic. MR. CRON: Not solely. MR. CHAIRMAN: I' ll make a motion to close the hearing and reserve decision until a later date. MEMBERS SAWICKI AND DOUGLASS : Second. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, to close the hearing and reserve. decision until a later date in the matter of Appeal No. 3001 - HAROLD E. WALTERS. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Gr.igonis, Douglass and Sawicki. . .PUBLIC HEARING: Appeal No. 3003. Application of GEORGE H. and BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article. III, Section 100-31 for approval of insufficient area and epth of two parcels located at Westview, Mayflower -- and Woodcliff Drives, Mattituck, NY; bounded north by Westview Drive; Southold Town Board of Appeals -8- July 8, 1982 Regular Mtg. - (Appeal No. 3003 - George and Beverly Boehle, continued: ) west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; County Tax Map Nos. 1000-107-8-24. and 11. The Chairman opened the hearing- at 8':07. p.m. and read the legal notice of hearing- in its entirety and appeal -application. MR. CHAIRMAN: We have a survey of the property which shows the two parcels, each having 18,00.0 square feet in area. and 150' road frontage, and depth of 150 feet.each. . Is there anyone here wishing to speak in behalf of the application? MR. BOEHLE: The zoning came along and they seem to have included me as a one-acre tract. Ihave been paying separate taxes. MR. CHAIRMAN: Thank you, Mr. - Boehle. Is there anyone else? Anyone against? (None) Questions- from the board members? (None) I' ll make a motion closing the - hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr.. Grigonis , it was RESOLVED, to close the hearing and reserve-decision in the matter of George and .Beverly Boehle, Appeal No. 3003. . Vote of the. Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and. Sawicki. APPEAL NO. 3004. Application of PAUL AND .BARBARA LEARY, 165 Second Street, New Suffolk, NY for . a' Variance to -the Zoning. Ordinance, Article III, Section 100-31 for permission to construct .deck addition with insufficient sideyard setback. (and rebuild .existing steps) at 165 Second Street, New_ Suffolk,. NY; County Tax. Map No. 1000-117-.1.0-20.5. Letter received from ..the applicant dated today was received prior to the hearing requesting that the .application .be removed. from the agenda, withdrawing same without prejudice. . Motion was made by Mr. Douglass-, seconded by Mr. Sawicki, to WITHDRAW Appeal No. 3004 , application of PAUL AND BARBARA LEARY dated June 11, 1982, WITHOUT PREJUDICE as requested by letter dated July 8 , 1982'. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. Southold Town Board uj- Appeals -9- uu-Ly 8 , 1982 Regular Mtg. PUBLIC HEARING: Appeal No. 3005. Application of WILLIAM E. and PAULA TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to existing dwelling with reduction in sideyard at the south side of Midway Road, Southold, NY; Cedar Beach Park, Filed Map .No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. The Chairman opened the hearing at 8 :11 p.m. and read the legal notice of hearing in its entirety and appeal .application. MR. CHAIRMAN: We have a copy of a survey prepared on December 10 , 1981 indicating the stockade fence, which is also mentioned in the application, and indicating the addition which will reduce the property sideyard to 8. 421 . We have . a copy, of the County Tax Map showing this property and the property in the surrounding area. Would you like to speak, Mrs. Tuite? MRS. PAULA TUITE: I think it is really all laid out there. There is a garage on the property which'-is closer than what this new addition would be. The garage on the other side is also closer to the property line. That is all. MR. CHAIRMAN: Thank you very much. Is ther anybody wishing to speak against the application? (None) Any questions from any board members? (None) Hearing no further comments or questions , I' ll make a motion closing the hearing and reserving decision. MEMBER SAWICKI. Second. 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. 3005 , application of WILLIAM E. AND PAULA TUITE:.: Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass . and_ Sawicki. PUBLIC HEARING: Appeal .No. 3006 . Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access , New York Town Law, Section 280A. 6ver_.a-�private right-of-way located.. off Soundview. Avenue and referred to as "Hyatt Road-Private Road, No. 18 , " Southold; bounded north by Neslaga and Private Road; west by Lindmeyer; south by L. I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20 . The Chairman opened--the hearing at 8 :16 p.m. and read the legal notice of hearing in its entirety and appeal application. Southold Town Board oz Appeals -10- o-uiy 8, 1982 Regular Mtg. (Appeal No. 3006 - Vera Gretchyn Marino, continued: ) MR. CHAIRMAN: We have a copy of the survey dated November 11, 1980 indicating this property and the access in question approximately 36 . 24 feet .wide, and a copy of the County Tax Map showing this property and the surrounding properties. in the area. Is there anyone wishing to speak in behalf. of this application? VERA GRETCHYN MARINO: First at the outset, I .would like...to offer into evidence the documents submitted on appeal so they are marked for authentication. . (Mrs.. Marino asked the Chairman to initial the papers indicating that the documents have been submitted for the record, and the Chairman did initial the same. ) MRS. `MARINO-c: } What:late your initials? MR. CHAIRMAN: I am Gerard P. Goehringer, GPG. MRS. MARINO-indicated to the board that--:the wrote to. the Building ' Department during : September last year fora confirmation-that she will have the permission of the Town Building and Zoning Departments to construct a one-family dwelling on this parcel. On September 24 , 1981, George H. Fisher, .Sr. Building. Inspector replied to Mrs. Marino indicating that the lot is "single and separate with a pre-existing garage next to the right-of-way property line, " (see Exhibit B sub- mitted with the application for a variance) . Mrs. Marino said she purchased the property "in good faith" based on representations made by the Building Department. Mrs.' Marino objected to the board requiring her to improve the right-of-way, and that it should remain as it is particularly since it is used by other parcels along the right-of-way. Mrs. Marino stated this would be a great hardship inasmuch as the Building Department assured her that it was buildable at the time she was under contract to buy it. Mrs. Marino respect- fully a'skedtithe .board to conference at this time in order to make a determination now. MR. CHAIRMAN replied that there are two additional hearings on the agenda tonight and the board, particularly Mr. Annabel who has been with us niany:,,<:.manyi,:.times and that we hopefully would have- a decision for him in the near future. The Chairman asked Mrs. Marion to bear with the board, and hopefully in the morning weL_would:have,..._ a. determination for her. MRS. MARINO said she had-an:'-interested buyer, but the sale has effectively been lost and is now thwarted. MRS. MARINO: In speaking with many neighbors, this roadway has been perfectly suitable in_­passing:.._i:I would run into serious problems to do anything to that road . . .that roadway has been that way for :so.:many:,years. Requiring me as a single person to improve that road would be a severe hardship. Southold Town Board or Appeals -11- July_ 8 , 1982 Regular Mtg. (Appeal No. 3006 - Vera Gretchyn Marino, continued: ) HOWARD TERRY: Check your open development area list. That takes in an area like a ( ) subdivision, and all the lots It' s quite likely it is an open development area, which may have approved this roadway. It may be an open development area. MRS. MARINO also indicated to the board that it is her understanding of the law that where the town issues a zoning ordinance different than when she purchased, that it cannot be enforced. . . she bought the property in good faith relying upon the Building Inspector' s statements—and if she is required to comply with the board' s certain standards for 280-a right-of-ways, the town effectively deprived her of selling the property as it exists. .She wanted the board to be aware of the above and asked that the board take everything into consideration. MR. CHAIRMAN: Is there anyone else wishing to speak in behalf of the application? (None) Any further questions? (None) . Hearing no further comments, I' ll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of VERA GRETCYN MARINO, Appeal No. 3006 . Vote of the Board: Ayes-: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEAL NO. 2987. Application of -:.NORTH FORK BANK & TRUST COMPANY by Abigail A. Wickham, Esq. for a Variance to the Zoning Ordinance requesting permission to construct a drive-in facility with canopy extending into the frontyard area at the Mattituck Shopping Center. This hearing was recessed, 7originally from June 17 , 1982 until tonight' s regular meeting at 8 : 15 p.m. Abigail A. Wickham, Esq. presented a letter confirming her request that this matter be recessed until the next Regular Meeting of the Board, to wit, July 29, 1982 , inasmuch as the site plan is still pend- ing with the Planning Board. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that the matter of NORTH FORK BANK & TRUST COMPANY, Appeal No. 2987, be RECESSED UNTIL THE NEXT REGULAR MEETING of this Board, to wit, JULY 29, 1982. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -12- Duly 8, 1982 Regular Mtg. RECESSED' HEARING: Appeal No. 2805. Application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue , Kiernan, Annabel; west and south by Stillwater Road; east by East (or Eugene' s) Creek; County Tax. Map Parcel No. 1000-137-3-8. The Chairman reconvened the hearing at 8 :32 p.m. Mr. Vincent W. Annabel appeared before the board and confirmed that the Planning Board at a meeting held June 28, 1982 , approved the-sketch map as amended May 13, 1982 in the proposed division of property and respectfully requested that the board act favorably. The board made the following findings and determination: (see page -13=) Southold Town Board o_ __ppeals -13- July 8 , 1982 Reg. Mtg. (Appeal No. 2805 - Vincent W. . Annabel , continued: ) By this appeal, appellant seeks approval of an insufficient road frontage of one parcel at 120 feet in a proposed two-lot division of property. The premises in question is located at Stillwater Avenue in Cutchogue. Parcel I will contain a minimum area of 40 ,000 square feet, having 110 ' frontage on Eugene ' s Creek; and Parcel II will contain an area of approximately 55 ,000 .square feet, having 300 ' frontage on Eugene ' s Creek and 15.8:.60'.: : (.and.. 50 . 27:':,-at -.an angle) frontage on Still- water Avenue. The premises are zoned "A" Residential and Agricultural. Appellant has received permission from the N.Y.S. Department of Environmental Conservation to subdivide this 2. 2-acre parcel into two lots under Tidal Wetlands Permit #TW 15276-0320"A" dated May 3 , 1982. Appellant has also received sketch-map approval on this proposed subdivision from the Southold Town Planning Board June 28 , 1982. 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 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. Grigonis , it was RESOLVED, that Appeal No. 2805 , application of VINCENT W. ANNABEL for approval of insufficient road frontage at 120 feet of one parcel proposed in a two-lot division of property, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue, Kiernan, Annabel; west by Stillwater Road; south by Stillwater Road; east by Eugene' s (East) Creek; County Tax Map Parcel No. 1000-137-3-8 . Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. At 8 :38 p.m. , motion was made by Mr. Goehringer, seconded by Messrs. Grigonis and Douglass, to enter into "closed session for deliberations, " which was duly carried unanimously. At 10 : 40 p.m. motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to reconvene the Regular Meeting, which was unanimously carried. Southold Town Board of Appeals -14- July 8 , 1982 Reg. Mtg. RESERVED DECISION: Appeal No. 2914 . Upon 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 III, Section 100-31 , and 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 Brickley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000 , Section 104 , Block 8, Lot 2. 1. The public hearing on this matter was held on May 26., 1982, at which time the hearing was declared closed pending deliberations and referral to the Suffolk County Department of Planning pursuant to Sections 1323, et seq. of the Suffolk County Charter. The board made the following findings and determination: This is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacent to Broadwater Cove at Cutchogue, New York. The premises contain a total area of 117 ,871 square feet. However, the premises had been dredged to create a boat marina .and an area of 47 ,364 square feet of the premises is underwater land. There is a total of 70 ,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45 ,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area . of 45 ,546 square feet of which 12 ,064 square feet is underwater and .33 ,482 square feet is upland. The Bulk Schedule forming a part of the Zoning Code requires a minimum lot size of 40 ,000 square feet for a dwelling in the "A" District, and a minimum lot area of 80 ,000 square feet for a marina in the "M-1" General Multiple Residence District (the highest use district in which marinas are a permitted use) . In a letter of this board to Appellant' s precedessor in title, dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appellant' s attorney) , the extent of the marina use at the date of said letter was for the docking of not more than 35 noncommercial boats. It is the position' of Appellant that in determining the area of the property, the land underwater should be included in calculating the lot area of the marina parcel as well as the dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a -lot area of 72 , 325 square feet and the resulting dwelling lot 45 ,546 square feet. The dwelling lot would conform to the bulk requirements , Southold Town Board of Appeals -15- July 8 , 1982 Reg. Mtg. (Appeal No. 2914 - Norman C. Boos, continued : ) but the marina parcel would have approximately 90% of the required area. If only the upland area were to be included in determining the area of both parcels, the dwelling lot would be 84% of the minimum required lot size, and the marina parcel would have 4.6% of the required lot size. If only upland is used to determine the required area, the entire parcel has an upland area of 70 ,.507 square feet or 88% of the area required for a marina use (in the "M-1" District) . It has been the practice of this board in determining the area of .a lot adjacent to tidal waters:.'.to :include only the upland in .determining the area of the lot. The board believes that such practice should be followed in,--this case. The area of. the upland is important in this case since the premises are utilized as a nonconforming marina for 35 boats and will require substantial upland area for parking and other marina- related uses. Since the Appellant is requesting an area variance, it is incumbent upon him to demonstrate that strict compliance with the Zoning Code will result in practical difficulties. At the hearing, the only evidence presented on the issue of economic hardship was Appellant' s attorney' s statement that "the division of the lots into a residential and a marina. . .would undoubtedly produce a great deal more money in the event of sale. " The only other evidence presented was Appellant' s statement that "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 intention .of selling it. I would like to live there. " The Appellant has failed to demonstrate that strict compliance with the Zoning Code would result in practical difficulties; and, accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, the variance is denied. Location of Property in Question: South Side of Bay Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-104-8-2. 1. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -16- ualy 8 , 1982 RESERVED DECISION: Appeal No. 3003. Upon application of GEORGE H. and BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; County Tax Map Parcel No. 1000-107-8-24 & 11. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed after receiving comments , and pending deliberations. The board made the following findings and determination: By this appeal, appellants seek approval of insufficient area and depth of two parcels which were conveyed to the appellants on August 28, 1958 by separate deeds at Liber 4511 cp 70 and Liber 4511 cp 66. The area of the northwesterly parcel is approximately 18,000 square feet with 120 ' frontage along Woodcliff Drive, 150 ' frontage along Westview Drive, and a depth of 150 feet, and the area of the northeasterly parcel is approximately 18,000 square feet. with 120 ' frontage along Mayflower Road, 150 ' frontage along Westview Drive, and a depth of 150 feet. The north- westerly parcel has constructed thereupon a one-family private dwelling. The other parcel is vacant. These parcels are similar in character, size and shape to those in the surrounding neighborhood. - The board agrees with the reasoning of appellants under these. circumstances. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; .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. Sawicki, it was RESOLVED, that Appeal No. 3003, application of GEORGE H. and BEV- ERLY G. BOEHLE, for approval of insufficient area and insufficient depth of two parcels, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Westview Drive, Mayflower Road and Wood- cliff Drive, Mattituck, NY; County Tax Map Parcels No. 1000-107-8-24 & 11. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -17- uUly 8 , 1982 RESERVED DECISION: Appeal No. 2991. Upon application of MIRIAM BATSON, c/o David E. Kapell, 143 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion, NY; more parti- cularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124 ; County Tax Map Parcel .No. 1000-37-4-3. The public hearing on this matter was held on June 17 , 1982 , at which time the hearing was declared closed pending receipt of additional informa- tion and pending deliberations. On July 8 , 1982 the board received the additional information requested June 17 , 1982, and made the following findings and determination: By this appeal, appellant seeks permission to construct an 1116" by 42 ' deck at the rear of the existing dwelling, reducing the rearyard setback by 11 '6 " . The house as exists and as originally built is set back from this property line approximately 18 feet. The applicant chooses to construct a deck similar to that of a neighbor across the water (Subdivision Lots 127 and 128 presently of Brown) , taking advantage of the waterview. The board is of the opinion that the area is the most practical and feasible under the circumstances. However, the board feels that a deck of the size requested is unreasonable and substantial in relation to the zoning requirements and that. same should be reduced to a minimum of 7 ' by 42" and that same will never be enclosed or covered by a roof. In considering this appeal, the board determines that the relief granted is not substantial; that the circumstances herein are unique and practical difficulties have been shown; 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. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2991, application of MIRIAM BATSON for permission to construct a deck with reduced rearyard area, be and hereby IS APPROVED, SUBJE.CT .TO THE FOLLOWING CONDITIONS : 1. That the deck be cut back to 7 ' by 42 ' (rather than 11'6 " by 421 ) ; 2. That the deck shall never be enclosed and never covered by a roof. Southold Town Board of Appeals -18- July 8 , 1982 Reg. Mtg. (Appeal No. 2991 - Miriam Batson, continued: ) Location of Property: Bayview Drive, East Marion, NY; more parti- cularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124 ; County Tax Map Parcel No. 1000-37-4-3. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doyen and Sawicki. Member Douglass abstained. This resolution was adopted by majority vote. APPEAL NO. 3006 . RESERVED .DECISION: Application of VERA GRETCHYN MARINO for approval of access at "Hyatt Road, " Southold. The public hearing was held earlier this evening, at which time the hearing was declared closed pending further research and deliberations. It was agreed among the board members and Mr. Lessard, Executive Administrator for the Building Department, that further research con- cerning "Open Development" in this area will be done as early as possible. RESERVED DECISION: Appeal No. 2997 . Application for ANNETTE GOLDEN CARNES._by A.A. Wickham, Esq. The public hearing was held earlier this evening, at which time the hearing was declared closed awaiting further information. The board asked that the secretary. forward correspondence to the attorney , Miss Wickham, requesting the square footage of the structures on the parcel, including the square footage of the deck and. pool-.areas, in order to determine the total lot coverage percentages. The board is also awaiting the exact distances at the side. lines. APPEAL NO. 3001. RESERVED DECISION. Application for HAROLD E. WALTERS for approval of suitable screening around the periphery of the existing junkyard at Nokomis Road, Southold. The board wishes to discuss this matter with the Town Attorney. No decision was rendered at this time. RESERVED DECISION: Appeal No. 2998 . Application for MARGARET DELLANO by R. Terry, Esq. The public hearing was held earlier this evening, at which time the hearing was declared closed pending further research and deliberations. It was the agreement of the board members and ,Mr. Lessard that a "fire inspection" should be made of the structure prior to a decision. Mr. Lessard would have a report submitted as early as possible. Southold Town Board of Appeals -.19- July '8, -.1982 ENVIRONMENTAL DECLARATION: ' Appeal No. 3010. • Application: Of JOHN E. and PATRICIA A. CLARK. Variance to .construct- addition' to dwelling leaving an insufficient reary.ard setback. These matters have been scheduled for public hearing July 29, 1982. On motion by Mr. Douglass, seconded by Mr.- .Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of John E. and Patricia A:.- Clark: 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 nor the following reason (s) : An Environmental Assessment in the Short Form has been suhmitted which indicates that no significant adverse effects were likely to occur should this project be implemented planned. as 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: 800 Albo Drive, Laurel, NY Vote of the Board: Ayes : Messrs . Goehri_nger, Grigonis , Doyen, Douglass and Sawicki Southold Town Board of Appeals -20- Ju..ly 8, 1982 ENVIRONMENTAL DECLARATION:' Appeal No. 3.012. * .Applicatioh. Of PAUL PEDERSON. Variance to construct addition to dwelling ' leaving an insufficient rearyard setback. . These- matters have been scheduled for publi.c hearing July 29, . 198.2.-. On motion by Mr. Douglass, seconded by Mr. Sawiclti, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Paul Pederson:: ENWIRONMENTAL 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, not-ice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this acceal application is hereby classified as a Tvpe II .Action, not having a significant adverse effect upon the environment nor the following reason (s) : , An Environmental Assessment in the Short Form has been su-"mitted which indicates that no significant adverse effects were likely to occur should this project be impl planned. emented as 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: 300 Summer Lane, Southold-, NY Vote of the Board : Ayes : Messrs . Goehrin-ger, Grigonis, .Doyen� Douglass and Sawicki Southold Town Board of Appeals --21- July 8 ,-- 1982 . ENVIRONMENTAL DECLARATION: ' Appeal .No.. 3008 . Application . of MATTITUCK AIRBASE INC. For a Special Exception for permission to alter and construct addition in a "C-Light" 'District. These•matters have been scheduled for public hearing July 29, 1982; On motion by Mr. Douglass, seconded by Mr. .Sawiolci, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Mattituck Airbase Inc: : E:IVIRONi-IENTAL 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 Tvpe 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 s=mitted 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: 410 Airway Drive, Mattituck. Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen, Douglass and Sawicki Southold Town Board of Appeals =22- July 8 , 1982 : ENVIRONMENTAL DECLARATION:' Appeal No. 3009.. Application of WARREN E. and ELLEN HUFE. Variance for permission to retain former nonconforming one-family dwelling.. These matters have been scheduled -for public hearing July 29,. .1982. On motion by Mr. Douglass, seconded by Mr. Sawicki, - it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of .Warren .E... .and .Ellen Hufe ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y. S. Depart-went 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 Tvpe II .Action, not having a signfi icant adverse effect upon the environment =or the following reason (s) : , An Environmental Assessment in the Short Form has been sUbriitted which indicates that no significant adverse effects were likely to occur should this project be implemented planned. as 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: 3900 .Youngs Avenue, Southold Vote of the Board : Ayes : Messrs . Goehringer, Griganis , Doyen, Douglass and Sawicki Southold Town Board of Appeals .-23- July= 8, 1982 ENVIRONMENTAL DECLARATION:' Appeal No. 2!986 . • .Application Of PETER D. PIZZARELLI. Variance for permission to construct ," an addition to an existing accessory building. These matters have been scheduled 'for public hearing July 29, 1982. On motion by Mr. Douglass, seconded .by Mr. Sawicki, it was RESOLVED, ' to declare the following Negative Environmental Declaration concerning the matter of Peter D. Pizzarelli: ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y. S. Depart*nent 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 ao^eal application is hereby classified as a Tvoe II .Action, no-- having a significant adverse effect upon the environment ;or the following reason (s) : An Environmental Assessment in the Short Form has been su=mitted 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: 5710 .Indian Neck Lane, Peconic Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen, Douglc-rdd and Sawicki .;rr* Southold Town Board, of Appeals 24 July 8; 1982 . ENVIRONMENTAL DECLARATION:' Appeal No. 2856*. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC. Variance for permission to divid premises into two parcels. These matters have been scheduled for public hearing July 29, 1982- On motion by Mr. Douglass, se conded .by Mr. . .Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Reich Brothers Auto Service: r:'iVIP.ONMENTAL 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 Tvpe II .Action, not having a significant adverse effect upon the environment nor the following reason (s) : , An Environmental Assessment in the Short Form has been s=mitted which indicates that no significant adverse effects were likely to occur should this project be implemented ' 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: East Side of Rocky Point ._Road, _ East Marion Vote of the Board : Ayes : Messrs . Goehrin_ ger, Grigonis, Doyen, Dougla§s and Sawicki Southold Town Board of Appeals -25- july 8, 1982 Regular Mtg. On motion by Mr. Douglass , seconded by Mr. Sawicki, it was RESOLVED, that the following appeals be scheduled and advertised pursuant to law for public hearings to be held at the Southold Town Hall, Main Road, Southold, New York, at the next regular meeting of this board, to wit, July 29, 1982 , commencing at 7 :30 o'clock p.m. : Appeal No. 3010 - John E. and Patricia A. Clark. Appeal No. 3012 - Paul Pedersen Appeal No. 3008 - Mattituck Airbase Inc. * Appeal No. 3009 - Warren E. and Ellen Hufe Appeal No. 2986 - Peter D. Pizzarelli Appeal No. 2856 - Reich Brothers Automotive Service* provided that comments have been received from the Planning Board pursuant to the zoning code. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. * * * On motion by Mr. Douglass,. seconded by Mr. Grigonis, it was RESOLVED, that the next regular meeting of this board is hereby scheduled for Thursday, July 29, 1982 at 7 :30 p.m. , to be held at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. * * * RESERVED DECISION: Appeal No. 3005. Upon application of WILLIAM E. AND PAULA TUITE, 1777 Harvard Avenue, Merrick, NY 11566 . for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to exist- ing dwelling with reduction in sideyard at the south side of Midway Road, Southold, NY; Cedar Beach Park Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6 . The public hearing on this matter was held earlier this evening, at " which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellants seek permission to construct a •small addi- tion to dwelling reducing the sideyard ,setback by approximately 14 feet, leaving a setback at 8 . 42 feet. The addition is proposed- to enlarge the kitchen area. The premises in question contains an area of approximately • ' Southold Town Board oz Appeals -26- J-..lr 8, 1982 Regular Mtg. (Appeal No. 3005 - William E. and Paula Tuite, continued: ) 21,500 square feet, with frontage of 99. 85 feet along Midway Road and . having an average depth of 216 feet. Existing on the premises are a 1 -2-story, one-family private dwelling with an enclosed 7 ' by 132' porch and an accessory one-story frame garage situated in the frontyard area approximately 617" from-"--the existing dwelling structure and which leaves a sideyard setback at 717" . Upon the premises westerly of the subject premises is an accessory one-story frame garage situated in their frontyard 2133,2" from their east side line. Under these circum0 stances, the board is of the opinion that the .insufficient setback has been established and that the reasoning of appellant is practical and reasonable. In considering this appeal, .the board . determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; 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 indicated. below. On motion by Mr. Douglass,. seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3005 , application .of WILLIAM E. AND PAULA TUITE, requesting permission to construct addition to existing dwelling, be and hereby IS. APPROVE.D SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the east side yard setback be .no .closer than 816" as requested, and 2. That the west side yard area be not reduced less than 18 feet as presently exists. Location of .Property: South Side of Midway. Road, Southold, NY; Cedar Beach Park Filed Map No. 90 , Lot 113; County Tax Map Parcel No. 1000-90-2-6 . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. r " ~Southold Town Board of Appeals -27- Ju.iy 8 , 1982 Regular Mtg. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting closed at approximately 10 :35 p.m. Respectfully submitted, Linda- F. Kowalski Secretary Southold Town Board of Appeals NP UAVE® Chairman Board of Appals RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE �1��� €OUR // .-J,6t4/4 T �5 �61d