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HomeMy WebLinkAboutZBA-09/30/1982 J �oqsFFo��oG o y Southold Town Board f o 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. M I N U T E S ROBERT J. DOUGLASS JOSEPH H. SAWICKI REGULAR MEETING SEPTEMBER 3.0 , 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, September 301. 1982 at 7 :30 o' clock p.m. at the Southold Town Hall, Town Board Conference Room, Main Road, Southold, New York. Present were Gerard P. Goehringer, Chairman; Charles Grigonis , Jr. ; Robert J. Douglass; Serge Doyen,. Jr. ; and Joseph H. Sawicki. Also present were:. Mr. Victor Lessard (Executive Administrator, Building Department) ; Mrs. Shirley Bachrach, League of Women Voters; Mrs. Ruth Oliva, North Fork Environmental Council. The Chairman convened the meeting at 7 :30 .p.m. and proceeded with the first public hearing,. as follows : PUBLIC HEARING: APPEAL NO. 3026 . Application for JAMES MANOS, 2440 Brigham Street, Brooklyn, NY, by Rudolph H. Bruer, Esq. for a Variance for Approval of Access, New York Town Law, Section 280A. Location of Property: 400 .feet east of Mill Road, Mattituck, NY; bounded north by Bungalow Lane; south and west by right-of-way; east by Boechman and others.. County Tax Map Parcel No. 1000-113-6-14 . For the record, correspondence dated September 28 , 1982 was received from the attorney for the applicant, Rudolph H. Bruer, Esq. requesting that the application scheduled for public hearing for tonight be withdrawn from consideration without prejudice. On motion by Mr. Douglass, seconded by Mr. Grigonis , it was RESOLVED, that Appeal No. 3026 , application for JAMES MANOS, be and hereby IS WITHDRAWN WITHOUT PREJUDICE as requested. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This. resolution was unanimously adopted. Southold Town Board of Appeals -2- Septemper 30 , 1982 Regular Meeting SIGN RENEWALS: On motion by Mr. Grigonis, seconded by Mr. Douglass , it was RESOLVED, that the following special exception-sign applications be and hereby ARE RENEWED FOR A PERIOD OF ONE YEAR FROM THE DATE HEREOF, SUBJECT to those conditions originally listed in these applications at the time the decisions were rendered and SUBJECT to the Federal Highway Beautification Act and Funding Laws for Highways, when applicable : Appeal No. 957 ' - Cove Resort Appeal No. 1065 - Lions Club of Mattituck Appeal No. 1285 - Lions Club of Mattituck Appeal No. 905 - Philip Loria. Vote of the Board: Ayes :. Messrs. Goehringer., Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3021. Application of MARY SAYEGH, 515 Shore Drive, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 ,. Bulk Schedule, for permission to construct addition reducing the rearyard setback at premises known as 515 Shore Drive, Greenport, NY; Greenport Shores Section I Subdivision, Lots 20 and 21; more particularly identi- fied as County Tax Map Parcel No. 1000-047-02-028 . The Chairman opened the hearing at 7 : 35 p.m. and read the entire legal notice of hearing and appeal application. MR. CHAIRMAN GOEHRINGER: We have a copy of a survey which was produced on June 23 , 1982 indicating the proposed addition and the nature of the house as it exists at present. We also have a copy of the Suffolk County Tax Map indicating this parcel and the properties in the surrounding neighborhood. Would you like to say something, Mrs. Sayegh? MRS. MARY SAYEGH: Yes. May I. I have noticed since I filed my application that all of the houses on Shore Drive where my house is located do not have the setbacks required by law and regulation as they are at present. They all adhere to the old setback requirement of 18 or even less. Some of them are three feet to my eye as I walk up and down the road so that this will not distract from the area at all or be incongruous with the -rest . of these buildings in that area. Thank you. MR. CHAIRMAN: Thank you. Can I just ask you one question. Of the entire addition, we are talking about an addition. . .we're not talking about any deck area, any outside deck area in reference to ingress and egress to that bedroom area? MRS. SAYEGH: It will be all enclosed. Southold Town Board of Appeals -3- Septemner' 30 , .1982' Regular Meeting (Appeal No... 302l' - Mary Sayegh,.:continued: ) MR. CHAIRMAN: Ok. Thank you. Does anybody else wish to speak in . . behalf of the application? (None) 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. MEMBER DOUG.LASS: Second. 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. 3021., MARY. SAYEGH. Vote of. the Board Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal- No. •3022. Application of HERBERT ,H. SEAMAN, 740 Grange Road, Box 317 , South- old, NY for a Variance to the Zoning, Ordinance, Article III, . Sections - 100-31, 'Bulk Schedule, and 100=36 for ,permission to construct addition reducing the westerly sideyard setback and reducing the total sideyard .area at premises known as .740 .Grange Road., Southold, NY; . South' Harbor Homes Subdivision, Filed Map No. 4096 , Lot 8 ; more particularly identi- fied -as County Tax Map Parcel No. 1000-075-04-008. 13. The Chairman opened .the hearing at 7 :40 p.m.-. and read the entire legal notice of, hearing and appeal application. MR. CHAIRMAN. GOEHRINGER: We have a copy of a survey which was produced on July 20 ; 1982 as amended indicating the proposed addition. It appears .to be. approximately a 12' by 28-. 3' . And we have a .copy of . the Suffolk -County .Tax Map indicating this property and the surrounding properties in the area. Mr. Seaman,. would you like to speak in behalf of your application? MR. HERBERT H. SEAMAN: Oh, .yes. I have a returned Notice to Adjacent '.Property Owners from Ben. Kasper, -and I thought .it might go into the file. .(Mr. Seaman .submitted a copy of the 'Notice which was sent to Staller and Casper by himself and which has noted thereon "no , objection to this project and requesting approval -by', the Z .B.A. ") And there is nothing else to say really. MR. CHAIRMAN: . Thank you. MR. SEAMAN: ' Thank you. MR. CHAIRMAN: Is there anybody,,el'se that would. like 'to speak in behalf -of the application? Does anybody':wish to speak against the application? Any questions. from any board members? (None) Hearing no further comments, I' ll make a motion; closing. the' hearirig ,an& reserving decision until later. Southold Town Board of Appeals -4- -September 30 , 1982 Regular Meeting (Appeal No. 3022 - Herbert H. Seaman, continued: ) On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3022., HERBERT H. SEAMAN. Vote of the Board : Ayes : Messrs. Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3030 . Application of WILLIAM L. and MARGARET JONES, c/o Robert L. Hyatt, Builder, Box 925 , Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with reduced rear- yard setback at premises known as 4525 South Harbor Road, Southold, NY; bounded north by Fitzpatrick; east by W. Jones; south by McCook; west by South Harbor Road; County Tax Map Parcel No. 10.00-87-1-6 . 4 . The Chairman opened the hearing at 7 :45 p.m. and read the entire legal notice of hearing and appeal application. MR. CHAIRMAN GOEHRINGER: We have a copy of a survey which was produced on September 10 , 1968 by Alden W. Young indicating the present structures on the property. .: indicating a one-story dwelling and detached garage and this particular addition which is to be affixed to the rear of the existing one-story dwelling, which is approximately in the area of 10 ' . by 11' . We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Is there anybody wishing to speak in behalf of this application? ROBERT L. HYATT: I just feel that it' s a legitimate request. That' s all. It' s for. a screened porch is what it amounts to, and it would be very useful to them and as it says in the application, it wouldn 't be detrimental to anybody. MR. CHAIRMAN: Thank you.. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? (None) Hearing no further comments , I' ll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass , it was RESOLVED, to close the hearing and reserve decision in .the matter of Appeal No. 3030 , WILLIAM L. AND MARGARET JONES. Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold town Board of Appeals -5- Septemoer 30 , 1982 Regular Meeting. The Chairman asked Member Douglass to chair the next public hearing "Pro Tem" and left he, meeting room during the entire hearing. RECESSED HEARING: Appeal No. 3024. Application, of PASQUALE ROMAN- ELLI by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for Variances : (1) to New York Town Law, Section 280-A for approval of access and (2) to the Zoning Ordinance , Article III, Section 100-31 for permission to construct new dwelling with an insufficient frontyard setback from Landing Road. Location of Property: Haywaters Road, Nassau Point, Cutchogue , NY; Subdivision Lot No. 1 as shown on Map of Peconic Bay Properties No. 786 ; Suffolk County Tax Map District 1000-111-1-42. Chairman .Pro Tem Robert Douglass reconvened the hearing at 7 :50 p.m. This hearing was recessed from the last Regular Meeting of this board, to wit, September 9 , 1982 in order to further research the history and status of Landing Road and the major subdivisions in this area. CHAIRMAN PRO TEM DOUGLASS : This application was recessed until tonight' s meeting to gain more information. This is an application of Pasquale Romanelli for approval of access and a frontyard variance for a new dwelling down on Fisherman' s Cove. Is it necessary to read all the papers in the file? GARY FLANNER OLSEN, ESQ. : Not at all. We did the last time. ' CHAIRMAN PRO TEM: Right. At that time we had some discussion on the -access- and_ the variance for the frontyard. Mr. Olsen, you may speak first if. you want to . say anything more at this moment. MR. OLSEN: I really don' t think I have anything to add in addition to what was said at the last meeting. I did contact VanTuyl ' s- Office to find out the status of Landing Road. Landing Road, he advises me, was a road shown on the Nassau Point Subdivision Map Amended Map "A" . Haywaters Road from our lot to the west was shown on Peconic Bay Properties Map. I then called the Town Clerk' s Of.fice to see if Landing Road was a Town Road dedicated to the Town, and it is not. I then called the Assessor' s Office to see whom it' s been assessed, and apparently it' s not being assessed to anyone. But it is a corner parcel necessitating this variance and ..if the variance is not granted from the Town requirements as to frontyard setbacks and so on, our house will be approximately two inches wide . Unfortunately, there is no special provision of the zoning regu- lation on corner parcels, and accordingly, we have to go for the variance. And that ' s all I have to add. I believe the hearing was recessed basic- ally to find out what the status of Landing Road was after the last meeting, and that' s was I proceeded to find out. CHAIRMAN PRO TEM: Right. And we thank you. Is there anybody here tonight that was not here at the last meeting that would like to say any- thing on this application? TED BRUCE, PRESIDENT, NASSAU PT. ASSN: I'm Ted Bruce , President of the Nassau Point Property Owner' s Association. And the only question I Southold Town Board of Appeals -6- September 30, 1982 Regular Meeting (Appeal No. 3024 —Pasquale Romanelli, continued: ) MR. BRUCE FOR .NASSAU PT. PROP. OWNERS ASSN continued: did come up with in our association was the water problem in that parti- cular area and whether there is an access to fresh water and proper sewage on this particular lot: . .. CHAIRMAN PRO TEM: Does your Association.' s findings agree with the attorneys? MR. BRUCE: I have. to admit' that' ! missed-.this preliminary hearing and I'm not that .well informed about it, and about an hour and one-half to two hours ago I `suddenly was presented with the letter from Linda. . . it was only delivered to me, and I'm not too well aware. (The letter in question was mailed to the Nassau Point Property Owners ' Association, Cutchogue, NY on September 21, 1982. ) And the big question that came up was how can this' lot be buildable if there is no water. supply and a potential sewage disposal. . . that' s the'' only, question we had. CHAIRMAN PRO TEM: All right. Does anybody else wish to say any- thing for, or against? (None) You- did: a good job, Mr. Olsen and found out- what..we desired. Thank you. Do any of the board members have any- thing more to ask? (None) If nobody has anything to add to it, I ' ll make' a motion .closing the hearing and reserving decision until later. On motion by Mr. Douglass, . seconded by. Mr. Sawicki, it was RESOLVED; to. close the hearing and reserve decision until later in the matter of Appeal No. 3024 , .PASQUALE ROMANELLI. Vote of the Board: Ayes: . Messrs. ;Grgonis-, Doyen, Douglass and Sawicki. This resolution was unariimous�y adoptea - Mr Goehringer was absent from the /he'aring, The Chairman returned to the meeting at 7 :55 p.m. PUBLIC HEARING: ' Appeal No. 303.2. Application of AUGUSTINE J. GILLEN, 525 West. Creek .Avenue, Cutchogue, N.Y for a Variance to the Zoning Ordinance, Article III, . Section 100=32 for permission to amend building permit. #11674Z in order to locate accessory building in the sideyard area at premises known as 525. West Creek Avenue, Cutchogue, NY; bounded northwest by McNeil; northeast by Gadomski.; southwest by West Creek Avenue; southeast by Beebe; more particularly known as County Tax Map Parcel No. 1000-103-13-15. The Chairman opened the hearing at 7 :55 p.m. and- read the entire legal notice of hearing and. appeal application. MR. CHAIRMAN GOEHRINGER.: We have a copy of .a .sketch. indicating - this- particular storage building. -lying approximately ,12. _feet from the' north line. . We also have a copy of. the 'County Tax :Map indicating this property and the surrounding properties in the area. Is there anybody wishing to speak in behalf of this application? Southold Town Board of Appeals -7--- '.September ' 30, 1982 Regular Meetin; (Appeal No. 3032 —Augustine J. Gillen, continued: ) MR- AUGUSTINE J. GILLEN: I- don',t, think ,there' s much more I can say. Other than this probably being the most unobtrusive place in our yard where you might put a storage shed. ..'..if we put it, elsewhere in the .would destroy the ,gardens that. we have rearyard, which there is room; there and flowers, and the ability -to use the yard in a pleasant way. We think that it' s probably the least obtrusive..place that you could put what I" love to call .a "shed house, " in back of the fence. MR. CHAIRMAN GOEHRINGER: How large is ,this structure, Mr. Gillen? MR. GILLEN: Well, I think there .are standards. sizes. . . I think it' s 8-' by 8' and about six feet high. It will be painted to match the house. MR. CHAIRMAN: Thank you. 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). Hear- ing 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 Appeal No.. 3-032., AUGUSTINE J. GILLEN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and 'Sawicki. . This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3034. Application for JOSEPH AND ALICE SMALLEY, by William J. Jacobs, Builder, Box 119B., Depot Lane, Cutchogue, NY for a Variance to the . Zoning Ordinance, Article III, Section 100-31 for Permission to con- struct addition reducing the frontyard setback off the northwest side of Gold Spur .Street. Location of Property: 1240 Gold Spur Street, Cutchogue, NY; Oregon View Estates . Subdivision Lot 11; more particu- larly known as County Tax. Map Parcel .No. 1000-095-04-018. 11. The Chairman opened the hearing, at 8 :00 p.m. and read the entire legal notice of hearing and appeal application. MR. CHAIRMAN GOEHRINGER: We have a copy of a survey which was produced on August 3, 1981 by .Young. .and Young indicating the position of, the one-story frame. home on the parcel, Lot No. 11; and we have- a :penned-.in sketch of .a variable addition of approximately 22' by 28 ' . It lies approximately 32 feet from the right-of-way, area referred to as a right-of'-way. We have a copy. of the Suffolk County Tax ,Map indicating this parcel and the surrounding properties in 'the area. Mr. Jacobs, would you like to say something in behalf of this appli- cation? Southold Town Board of Appeals -8- September 30 , 1982 Regular Meeting (Appeal No. 3034 - Joseph and Alice Smalley, continued: ) WILLIAM J. JACOBS, BUILDER: Not much, except that' s what we 're look- ing for, to block to wind and turn the existing garage into a playroom. off the living room. MR. CHAIRMAN: This will be a fully enclosed structure? MR. JACOBS: The garage is fully enclosed and the breezeway will be open. with a roof and concrete floor. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody wish to speak against the application? (None) Any comments from any board members? Hearing no further comments, I' ll make a motion closing the hearing and reserving decision. 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. 3034 , JOSEPH 'AND ALICE SMALLEY. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doyen, . Douglass and Sawicki. This resolution was unanimously adopted. PENDING FINAL INSPECTION: Appeal No. 2917. CONSTANCE MESSINA/CROSS. Previous conditional approval of this board was rendered November 24 , 1981. Last Saturday, the board members re-inspected the right-of-way in question as requested by the applicants. The following action was- taken: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that correspondence be forwarded to the applicant, Mrs. Constance Messina-Cross indicating that after inspection it has been found by the board members that the most northerly extension to this parcel has not been improved pursuant to the board' s conditions of November 24 , 1981 and indicating that Condition No. 1 also did not appear to be in compliance. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Doyen, Douglass and Sawicki . This resolution was unanimously adopted. APPROVAL OF MINUTES: On motion by Mr. Grigonis , seconded by Mr. Douglass , it was RESOLVED, to approve the Minutes of the Regular. Meetings held November 5 , 1981 and November 24, 1981, and that the same be filed with the Office of the Town Clerk. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Doyen, . Douglass and Sawicki. * *- Southold Town Board of Appeals -9- September 30 , 1982 Regular Meeting CLOSED SESSION FOR DELIBERATIONS : On motion by Mr. Grigonis , seconded by Messrs. Douglass and Sawicki, and duly carried, it was RESOLVED to enter into "closed session for deliberations, " and that the Regular Meet- ing would be reconvened afterwards. REGULAR MEETING RECONVENED: At approximately 9: 20 p.m. , the board members returned to the meeting room, the Town Board Conference Room, and motion was made by Mr. Sawicki, seconded by Mr. Grigonis , and duly carried, to reconvene the Regular Meeting. PENDING APPLICATION: APPEAL NO. 2930 - SAL CAIOLA. SEQRA Declara- tion was made on June 26, 1982 determining this project to be an "Unlisted Action" and possibly having adverse effects upon the environ- ment for the reasons listed in the Notice. On September 9, 1982, two copies of the Draft Environmental Impact Statement (D.E. I. S. ) were filed with our department as requested on: June 26 , 1982 together with the Long Environmental Assessment Form. On September 16 , 1982, it was decided at a Special Meeting of this board that copies of the Impact Statement be forwarded to the Conservation Advisory Council. A reply from the C.A.C. was made at their Meeting held Septmeber 28, 1982 , and written correspondence was received by this department on September 29 , 1982 . The board members agreed to the following action: On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, to determine the Draft Environmental Impact Statement received September. 9, 1982 complete and accepted for the project as proposed in the subject, appeal application (Appeal No. 2930) , and that comments on the D.E. I.S. are requested and will be accepted by this board until 30 days from the date hereof. Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Doyen, Douglass and Sawicki. This resolution was unanimously adopted. SET-UPS FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following applications be and hereby ARE SCHEDULED FOR PUBLIC HEARINGS to be held at the next Regular Meet- ing of this board, to wit, October. 21 , 1982 commencing at 7 : 30 p.m. , and that the same shall be advertised in the local and official newspapers, pursuant to law: Southold Town Board of Appeals -10- September 30 , 1982 Regular Meeting (Set-Ups for 10/21/82 continued: ) Appeal No., 3036 - Ralph and Jane Armbrust. Appeal No. 3037 - Martin and Alma .Suter Appeal No. 3038 - Michael and Annette Collins Appeal No.. 3040 — Joseph D. Burruano, Esq. Appeal No. 3041 - Peter R. McDonnell Appeal No. 3042 - Andrew and Katy Pafitis Appeal No. 3044 - Nicholas W. Ippolito Appeal No. 3029 - North Fork Bank & Trust Co. Vote of the Board:. Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3025. Upon application of CHARLES P. ZIEGLER by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II , Section 100-23 (C) and Article III, Sections 100-30 and 100-31 , Bulk Schedule, for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2 , and for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Los No. 12 , 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolk County Tax Map Parcel No. 1000-114-1-5 . The public hearing on this application was held on September 9, 1982 , at which time the hearing was declared closed, pending additional research and deliberations. The board made the following findings and determination: By this appeal, appellant seeks.: . (a) permission to divide the entire 3. 5-acre parcel into two parcels, Parcel 1 having an area of 89 ,000+- square feet with a road frontage of 121. 14 feet, and Parcel 2 having -an area of_ 44 ,000+- square feet. with a.. road frontaqe of 80 feet radius; and (b) approval- of ' access aver rivate - rc-ads knc6wn ,as.' Home Pike -Road, `extending '519 feet over Silkworth Road, and extending further approximately 499 feet to Westphalia Road. The access roads in question are shown to have a minimum width of 30 feet. Existing on the land in question is a large one-family house on Parcel 1 and a garage structure in disrepair on Parcel 2 set -back 12 feet from the southerly sideyard line and slightly forward of the front of the house on Parcel 1. The premises in question front along Mattituck Creek and approvals have been obtained from the N.Y. S . Department of Environmental Conservation under Permit No. 10-82-0185. For the record, it is noted that the Southold Town Planning Board has approved this subdivision as a "set-off" pursuant to Section 106-13 of the Code on August 18 , 1982. '" It is the opinion of the board that to deny the relief requested Southold Town Board of Appeals -11- September 30 , 1982 Regular Meeting (Appeal No. 3025 - Decision for Charles P. Ziegler, continued: ) would result in practical difficulties to the applicant in that: (a) there is more than 40',000 square feet of land area applied to each parcel and without' a frontage variance, a division would not be possible; (b) the structure on Parcel 2 is existing and is located with reasonable setbacks from all property lines, and without this variance , the building would have to be removed; . (c) this access is the only way feasible to this property, and is also utilized for access to other parcels along this route. In considering this appeal , the board determines that the variances requested are not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the vari- ances 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; ithat 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 variances requested, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it ,was RESOLVED, that Appeal No. 3025, application of CHARLES P. ' ZIEGLER be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the building existing on Parcel 2 at the time of ; this determination and as shown on the Amended Map of 8/31/82 shall - not be considered a principal structure or dwelling. In the event that at any time in the future this building on Parcel 2 is to be used; reno- vated or occupied as a principal building, the same must be moved so as to conform with all front, side and rear yard requirements of the code for principal buildings. 2. That no sideyard variances shall be granted for any dwelling erected on either of these two parcels. i 3. That the access roads to these parcels shall be improved in the following methods : i (a) Commencing from Westphalia Road and extending approxi- mately 499 feet along Silkworth Road : [1] a minimum width of, fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches; (b) Commencing from Silkworth Road and extending approxi- mately 519 feet along Home Pike Road: [1] a minimum width offifteen feet and [2] such minimum 15-foot width shall be surfaced with a i I Southold Town Board or Appeals -12- September 30 , 1982 Regular Meeting (Appeal No. 3025 - Charles P. Ziegler, continued: ) minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency. vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; 4. Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to. construct such drainage facilities as may be recommended by the Town road engineer; 5 . That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehciles; 6 . That this access road be approved by the Board of Appeals or Town road engineer as to meeting the above requirements; 7 . That this variance is subject .to referral to the Suffolk County Planning Commission pursuant to Sections 1323 , et seq. of the Suffolk County .Charter; 8 . That this variance is subject to approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board; 9. That no certificate of occupancy shall be issued for these premises or for the construction of any buildings or structures, or for existing buildings or structures on these premises , to which this access is referred until all .of the conditions set forth herein have been complied with. Location of Property: Home Pike Road, Mattituck, NY; Map of Point Pleasant Subdivision Lots. 12 , 13 and 14; Suffolk County Tax Map Parcel No. 1000-114-1-5. Vote of the Board : Ayes :. Messrs., Goehringer., Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -13- September 30 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 3034. Upon application for JOSEPH AND ALICE SMALLEY, by William J. Jacobs , Builder , Box 119B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion reducing the frontyard setback off the northwest side of Gold Spur Street. Location of Property: 1240 Gold Spur Street, Cutchogue, NY; Oregon View Estates Subdivision Lot . 11; more particularly known as County Tax Map Parcel No. .1000-095-04=018 . 11. The public hearing on this application was held earlier this even- ing, 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 22-foot by 28-foot addition at the westerly side of the existing -one-story, one-family dwelling house. and garage , leaving a . 32-foot setback from the westerly property line adjoining the park and recreation area of "Oregon View Estates" Subdivision and adjoining a 55=foot reservation for highway easement at the southwesterly corner of the parcel in question. It is the view of this board that the strip of land lying to the west of applicant' s lot is not in fact a highway, but merely provides access to the community park. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis , the applicant is not required to be set back 50 .feet from the westerly property line. Vote of the Board : Ayes : Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3024. Upon application of PASQUALE ROMANELLI , by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for Variances : (1) to New York Town Law, Sec- tion 280-A for approval of access, and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with an insufficient frontyard setback from Landing Road. Location of Property: Haywaters Road, Nassau Point, Cutchogue , NY; Subdivision Lot No 1 as shown on Map of Peconic Bay Properties No. 786 ; Suffolk County Tax Asap Parcel No. 1000-111-1-42. `The public hearing on this application was originally commenced on September 9, 1982 , and thence recessed until September 30 , 1982, at which time the hearing was declared closed pending further research and deliberations. Southold Town Board of Appeals -14- September 30 , 1982 Regular Meeting (Appeal No. 3024 - Pasquale Romanelli, continued : ) The board made the following findings and determination: By this appeal, appellant seeks : (1) approval of access over a private road known as "Haywaters Road Extension" as shown on the Map of Peconic Bay Properties , Map No. 786 , which road has a width of 33 feet; and (2) permission to construct a new one-family dwelling with an insufficient frontyard setback off Landing Road at 15 feet. The premises in question has a width of 65 feet as measured at a tie line (roadline has an irregular curve) and an average depth of 275. 50 feet, giving a total area of approximately 16 ,608 square feet. The new dwelling proposed will comply with other setbacks as required by the zoning code. This premises is located in the "A" Residential and Agricultural Zone and is vacant. It should also be noted that this parcel is. located in the Flood Zone "A-4 [El. 8 ' minimum] , and the elevation above mean sea level in the location of this proposed dwelling varies from three feet to eight feet. It is the opinion of this board that the access road in question is in good satisfactory condition. In considering this appeal , the board determines that the variance requested 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 variances requested, as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis ,.. it was RESOLVED, that. Appeal No. 3024 , application for PASQUALE ROMANELLI be and hereby IS APPROVED AS APPLIED FOR. Vote of the Board : Ayes : Messrs. Grigonis , Doyen, Douglass and Sawicki. (Mr. Goehringer abstained. ) This resolution was adopted by majority vote. Southold Town Board of Appeals -15- September 30 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 3030 . Upon application of WILLIAM L. AND MARGARET JONES, c/o Robert L. Hyatt, Builder, Box 925 , Southold, NY for a Variance to the Zoning ordi- nance , Article III , Section 100-31, Bulk Schedule, for permission to construct addition with reduced rearyard setback at premises known as 4525 South Harbor Road, Southold, NY; bounded north by Fitzpatrick; east by W. Jones ; south by McCook; west by South Harbor Road; County Tax Map Parcel No. 1000-87-1-6 .4 . The public hearing on this application was held earlier this even- ing, 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 extend the rear of the existing one-family dwelling adding a 101 .by 11' 6" screened-in porch area, leaving a setback at its closest point with the rear property line at approximately 35 feet. Existing on the premises is a one-family dwelling with accessory storage building in the rearyard area. It is the opinion of the board that the unusual shape of this parcel lends itself to the difficulties involved. Accordingly, the board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance requested 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 variances requested, as indicated below. On motion by Mr. Sawicki , seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3030 , application for WILLIAM AND MARGARET JONES , be and hereby IS APPROVED AS APPLIED FOR. Vote of the Board : Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board c_ _appeals -16- _ _. tember 30 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 3021. Application of MARY SAYEGH, 515 Shore Drive, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition reducing the rearyard setback at premises known as 515 Shore Drive, Greenport, NY; Greenport Shores Section I Subdivision, Lots 20 and 21; more particularly identi- fied as County Tax Map Parcel No. 1000-047-02-028 . The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an addi- tion to the existing one-family, one-story dwelling with an insuffi- cient setback from the northeasterly property, line of seven feet and an insufficient setback from the rear property line (bulkhead) of 45 feet. The existing dwelling is presently set back 55 feet from the bulkhead or rear property line, 34 ' from Shore Drive, and 25. 7 feet from the westerly side property line. Appellant intends to enlarge the dwelling structure for additional living floor area. The board is in agreement with the reasoning of applicant. 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. 3021, application of MARY SAYEGH, for permission to construct addition to the existing dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. There shall be a minimum easterly sideyard setback of eight feet; 2 . No further sideyard reductions shall be permitted on either - side. Location of Property: 515 Shore Drive, Greenport, NY; County Southold Town Board c 3ppeals -17- Sep ber 30 , 1982 Regular Meeting (Appeal No. 3021 - Mary Sayegh, continued : ) Tax Map Parcel No. 1000-47-2-28 . Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3020. Upon application for ALICE G. LEVIEN, by Abigail A. Wickham, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivision Lot No. 25 of "Map of Moose Cove , " Filed Map No. 3230 ; Beebe Drive, Cutchogue, NY; more particularly identified as County Tax Map District 1000 , Section 97, Block 7, Lot 9. The public hearing on this application was held on August 17 , 1982 , at which time testimony was taken and the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellants seek a variance to Article III, Section 100-30 (A) of the zoning code to permit a storage building on a vacant parcel (Subdivision Lot 25) immediately adjacent to appellants ' dwell- ing parcel (Subdivision Lot 26) . Inspection of the premises discloses that each of the parcels owned by appellants contains an area of 40 ,000 square feet with 100 '. road frontage. Existing on the northetly. parcel (Lot 26) is a. private one-family dwelling; the southerly parcel (Lot 25) is vacant. Both parcels are part of the Subdivision entitled, "Moose Cove" which is contained within the list of excepted subdivisions at Section 100-12 of the zoning code. Section 100-32 of the zoning code permits accessory buildings and structures in the rearyard, accessory to the principal dwelling on a parcel. Appellants in this appeal assert that this structure will be for the purposes of storage and accessory to the appellants' dwelling on Lot 26 , and that the reason that an accessory structure cannot be located on the dwelling parcel (Lot 26) is due to the past history of extensive flooding. Photographs have been submitted for the record in support of the reasoning of appellants. For the record, it is noted that appellants have previously applied to this board for the same relief under Appeal No. 2985 , which was denied without prejudice on May 26 , 1982 under the previous circumstances. It is the opinion of this board that the appellants have demon- Southold Town Board or ,Hppeals -18- SepteJALer 30 , ' 1982 .Regular Meeting (Appeal No. 3020 .- Alice G. Levien, continued: ) strated practical difficulties with- 'the new evidence submitted. In considering this appeal., ,_ the board determines .the variance request will not cause detriment to ,adjoining properties; that the circumstances hereinfare .unique; . that the difficulty cannot be - obviated -by a method, feasible to appellants, 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. Goehringe-r, seconded by Mr. Sawicki, it was. RESOLVED, that Appeal No. 3020 , application. for ALICE G. LEVIEN . for permission to construct a 10 ' by .16 ' storage building on Lot No. 25 of Subdivision entitled, "Moose Cove, " SUBJECT TO THE FOLLOW- ING CONDITIONS :. . 1. That there shall be maintained. a' 40-foot sideyard setback •from the northerly property line and there shall be maintained a . 507foot sideyard setback from the..-_southerly property line; 2.. That this structure shall be located in line with the back line of the applicants ' dwelling on the. adjoining northerly lot; 3. ' That infthe event -at any time- in the future this proposed storage building .ori this vacant lot is to be occupied as a principal building, i.e. dwelling use, the same must conform with all front, side and rear yard requirements of . the'code for principal buildings.` Location of Property: West side of Beebe Drive, Cutchogue, NY; M.00se. Cove Subdivision Lot No. 25; County Tax Map Parcel No. 1000- 9.7-7-9. Vote . of the Board: Ayps :' , Messrs. Goehringer, Doyen, Grigonis , Douglass and. Sawicki. This resolution was unanimously adopted. Southold Town Board c %ppeals -19- Septi er. 30 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 3032. Application of AUGUSTINE J. GILLEN, 525 West Creek Avenue, Cutchogue, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to amend building ,permit #k11674Z in order to locate acces- sory building in the sideyard area at premises known as 525 West Creek Avenue, Cutchogue , NY; bounded northwest by McNeil; northeast by Gadom- ski; southwest by West Creek Avenue; southeast by Beebe; more particularly known as County Tax Map Parcel No. 1000-103-13-15 . The public hearing on this application was held earlier this evening, at which time the hearing was declared closed. pending deliberations. The board made the following findings- and determination: By this appeal, appellant seeks permission to construct an 8' by 8 ' accessory storage building in the westerly sideyard area approximately 23 feet from the existing dwelling and 12 feet .from the west sideyard . property line. Appellant wishes to locate this structure in the side- yard .area for aesthetic reasons' as indicated in the application. The board finds that on May 10 , 1982 the appellant applied to the building department for this accessory storage building in the rearyard area, and a building permit was issued for same on May 21, 1982 under Permit No. 11674Z. It is the opinion of this board that the accessory build- ing may be suitably and practicably located in the rearyard area, and applicant' s reasoning for relief from the zoning requirements does not warrant approval under the circumstances. In considering this appeal, the board determines the variance request to be substantial in relation- to the requirements of the zoning code; that the circumstances herein are not unique and practical diffi- culty has not been shown; that the relief requested will not be, in harmony with or promote the general purposes of zoning; and that the interests of justice will. be served by denying the variance applied for in Appeal No. 3032 . On motion. by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3032 , application of AUGUSTINE J. GILLEN requesting permission to locate accessory storage building in the side- yard area, be and hereby IS DENIED. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board c_ _appeals -20- Sept er 30 , 1982 Regular Meeting RESERVED DECISION: Appeal No. 3022. Application of HERBERT H. SEAMAN, 740 Grange Road, Box 317 , South- old, NY for a Variance to the Zoning Ordinance, Article III, Sections 100=31, Bulk Schedule, and 100-36 for permission to construct addition reducing the westerly sideyard setback and reducing the total sideyard area at premises known as 740 Grange Road, Southold, NY; South Harbor Homes Subdivision, Filed Map No. 4096 , Lot 8 ; more particularly identi- fied as County Tax Map Parcel No. 1000=075-04-008 . 13. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 12-foot addition at the westerly side of the existing one-family dwelling with attached garage, thereby increasing the garage area for storage for two cars. The addition as proposed would leave a setback at its nearest point from the westerly side property line of 2 . 9 feet. The dwelling as exists is located 41. 9 feet from Grange Road and 18 .6 feet from the easterly side property line. Also. existing is .a blacktop driveway in front of the garage area. It is the opinion of this board that appli- cant' s reasoning in extending the existing garage area is most feasible for the purposes it is intended under the 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 indicated below. . On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3022 , application of HERBERT H. SEAMAN be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That there shall be a minimum five-foot sideyard setback on the westerly side of this building. r Location of Property: 740 Grange Road, Southold, NY; County Tax Map Southold Town Board oz Appeals -21- Septemk,(--.L 30, 1982 Regular Meeting (Appeal No. 3022 - Herbert H. Seaman', continued: ) . Parcel No. 1000-75-4-8 . 13. Vote of the Board : Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PRIOR DECISION: Appeal No. 2997 - ANNETTE GOLDEN CARNES. The board is in receipt of correspondence of September 22 , 1982 from Abigail A. Wickham, Esq. , attorney for the applicant in Appeal No. 2997 , Annette Golden Carnes, requesting. a .change in Condition #3 of the board' s July 29, 1982 decision to be modified, clarifying that external construction of .any type, resulting in additional lot coverage of the structures on the premises , not be permitted rather than the present .wording of Condition #3. It was the consensus of the board members that a letter be sent to Mrs . Wickham, clarifying the board' s meaning of Condition #3 as follows : "That no ' external construction shall be permitted without the express prior written approval of this board after formal appli- cation therefor. " Accordingly, internal alterations could be considered for approval by the building department, without neces- sitating an application to the Board of Appeals due to the restric- tion of Condition #3. The secretary was instructed to forward a letter advising Mrs. Wickham of the above. NEW APPEAL NO. 3043. GUS KYSKOSTAS by W. Smith as agent for a Variance for approval of access off the north side of Main Road, Orient, NY. The board members asked the secretary to research the matter of the pending subdivision- adjpining this property, "Hillcrest. The board would consider scheduling this for public hearing after receiving the status on the above adjoining subdivision. NEW APPEAL NO. 3039. CHARLES AND BEATRICE WARD for a Variance for permission to retain present location of accessory storage building in the frontyard area at 1610 Paradise Point Road, Southold. The board asked the secretary to research the matter of the subdivision concerning this property and its status prior to . scheduling this application for public hearing. Southold Town Board of Appeals -22- September 30 , 1982 Regular Meeting NEW APPEAL APPLICATION: APPEAL NO. 3035. Application of CONSTANTINE P. 'GEORGIOPOULOS , by Wickham, Wickham & Bressler, P.C. , Main Road, . Mattituck, NY 11952 for. a Variance for approval of insufficient width of two parcels along the south side of Lake Drive, Southold, NY. As verbally requested by the attorney for the applicant Abigail A. Wickham, Esq. , this matter will not be scheduled for a public hearing at this time until further notice by either the applicant ' s attorney or determination by the Building Inspector on the proposed "enveloped area" by the Planning Board. NEW APPEAL APPLICATION: APPEAL NO. 3033. Application for BERT AND MARYLIN CRYSTAL, by Arthur L. Siemerling as agent, P.O. Box 108 , Mattituck, NY 11952 for permission to construct inground swimmingpool and deck attached to existing dwelling with insufficient sideyard setbacks at 6.3415 R-O-W off C.R. 48 , Greenport. On September 13 , 1982 , the agent for the applicant was informed that an updated survey of 'the structures on this par- cel is necessary prior to scheduling this application for a public hearing, with a follow-up letter indicating the same dated September 23 , 1982. The board unanimously agrees that an updated survey is necessary for this file to be declared complete. TENTATIVE SPECIAL MEETING DATE : The board agreed to a tentative date of Saturday, October 9, 1982 at 9 :15 a.m. for. the purposes of transacting business matters properly coming before the board. at that time. NEW APPEAL APPLICATION: APPEAL NO. 3031. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate new dwelling with insufficient front, side and rear yard setbacks at 1580 Corey Creek Lane, Southold, NY. Mr. and Mrs . Occhiogrosso said that a town employee had advised them that the next Regular Meeting was tonight, and it was their understanding _ that they were to be on the agenda. The Chairman apologized that they were misinformed; however, there is additional review of this application needed and Mr. and Mrs . Occhiogrosso were assured ,to be notified as soon as possible of the board' s position on this new application. Southold Town Board of Appeals -23- September 30,. 1982 Regular Meeting ENVIRONMENTAL DECLARATIONS : On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Declarations pursuant to the rules and regulations of S.E.Q.R.A. on the follow— ing: APPEAL NO. : 3037. PROJECT NAME: Martin and Alma Suter. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. ti This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a private road located off the south side of New Suffolk Avenue. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: New Suffolk Avenue, -Mattituck. REASON (S) SUPPORTING THIS DETERMINATION: (1) An -Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) This application is not a consideration for new construc- tion, but rather for approval of access over a private right-of-way. Southold Town Board Appeals -24- Septen____r 30 , 1982 Regular Meeting APPEAL NO. : 3036 . PROJECT NAME: Ralph L. and Jane M. Armbrust This notice is issued pursuant to Part 617 (and Local Law ; #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION (a) Construct additional horse stables (b) keeping of more than two horses and/or ponies on a lot. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : 840 Manor Hill Lane, Cutchogue, NY. REASON-(.S-).. SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 3038. PROJECT NAME: Michael and Annette Collins. This_ notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Deck addition to dwelling reducing the rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 515 Orchard Street, New Suffolk, NY 11956 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. . Southold Town Board Appeals -25- �Septem] 30 , 1982 Regular Meeting APPEAL NO. : 3040 PROJECT NAME: Joseph D. Burruano. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION• Approval of access over a private right- of-way known as Ford' s Road. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Ford' s Road, Southold, NY. REASON.(.S). ,,SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 3042. PROJECT NAME: Andrew Pafitis. This notice is' issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: New one-family dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1800 .East Gillette Drive, East Marion, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board Appeals -26- Septer r 30 , 1982 Regular Meeting APPEAL NO. : 3044. PROJECT NAME:Nicholas Ippolito. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION• New addition to dwelling with reduced rearyard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 235 Carol Road, Southold, NY. REASON (.S) .:,SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 3029. PROJECT NAME: North Fork Bank & Trust Co. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project: TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Drive-in facility with canopy extending into the frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : Mattituck Shopping Center, Main Road,. Mattituck, New York. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board - Appeals -27- Septa er 30 , 1982 Regu: Meeting a APPEAL NO. : 3039. PROJECT NAME: Charles and Beatrice Ward. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ 1 DESCRIPTION OF ACTION: Approval of existing accessory storage building in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1610 .Paradise Point Road, Southold, New York. REASON (S) SUPPORTING THIS DETERMINATION: (1)­ An—Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting. adjourned. Respectfully submitted, APPROVED Linda F. Kowalski, Secretary Southold Town Board of Appeals 7-/a � Chairman Board. of appeals RFrFIVED AND FILED BY TIKE SOU THOLD TOWN CLERK DATE 10/a 7/,-, TOUR j.'cl)64/,V wn Clerk, To�6'n o o Zold