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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLAS$
JOSEPH H. SAWICKI
M I N U T E S
SPECIAL MEETING
MAY 19, 1983
A Special Meeting of the Southold Town Board of Appeals was
held on Thursday, May 19, 1983 at 7: 00 o' clock p.m. at the
Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Robert J.
Douglass and Joseph H. Sawicki. Absent were : Charles
Grigonis , Jr. (illness) and Serge Doyen (Fishers Island) . Also
present was Victor Lessard, Administrator (Building Department) .
The Chairman opened the meeting at 7 :00 p.m.
CONSIDERATION FOR RE-HEARING REQUEST: Appeal No. 3055.
PATRICIA A. BAILEY.
The board discussed Mrs. Bailey' s request for a rehearing
or modification of the board' s decision on Appeal No. 3055
rendered December 22 , 1982 , and it was the consensus of the
board. not to rehear, modify, alter or change the December 22 ,
1982 decision. The Secretary was instructed to send a letter
to Mrs . Bailey advising her of the .above.
CONSIDERATION FOR RE-HEARING REQUEST: Appeals.-No. 3130 and
2886. NICHOLAS D. YUELYS.
The board reviewed and discussed Mr. Yuelys' application
for a rehearing filed with the Town. Clerk on May 9, 1983 as
Appeal No. 3130 , and it was ,the consensus of the board that
the request for a rehearing be denied, and that the board' s
decision rendered February 26 , 1982 in Appeal No.. 2886 not be
changed, modified or altered in any way. The Secretary was
instructed to send a letter to Mr. Yuelys advising him of. the
above.
Southold Town Board of Appeals -2- May 19, lgbj Special Meeting
RESERVED DECISION: Appeal No. 3085 - ANN O' SULLIVAN.
Upon application for a rehearing in the matter of ANN O' SULLIVAN by
Rudolph H. Bruer, Esq. , Main Road, Southold, NY for a Variance for
approval of access pursuant to New York Town Law, Section 280-A. Loca-
tion of Parcel in Question: 5692 Main Bayview Road, Southold , NY;
County Tax Map Parcel ID No. 1000-78-4-41 . 2 .
The public hearing concerning this ,matter was held on March 23 ,
19831, at which time the hearing was declared closed pending receipt
of the road report from Road Inspector John W. Davis and pending
deliberations.
The board made the following findings and determination:
This is a rehearing in the matter of Appeal No. 3028 for Ann
O' Sullivan pursuant to a request filed February 7 , 1983. This board
unanimously agreed to rehear this ' application for the reasons stated
in the subject rehearing application, and a public hearing was held
on March 23 , 1983 . Appeal No. 3028 was a conditional approval of
access granted to Ann O' Sullivan September 9 , 1982.
The right-of-way in question has a width of 15 feet, a depth
(length) of 362. 65 feet to the subject parcel. The traveled road
is 8 to 9 feet in width , and sections of this road are lower than
the rest of the road width . Test holes in the wheel tread areas
have shown from 4" to 6" of hard-packed sandy loam on sand. It is
the opinion of this board that the subject right-of-way be improved
according to the recommendations of the town road engineer, John W.
Davis , as indicated below.
Also , it is noted for the record that the road known as "Corey
Creek Lane" which runs along the southwesterly portion of this
property is a private road, and upon researching town records this
parcel in question does not appear to have legal access over the same.
In considering this appeal, the board determines that the
variance request is not substantial; 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 indicated below.
On motion by Mr. Douglass , seconded by Mr. Sawicki , it was
RESOLVED , that Appeal No. 3085, application for ANN O' SULLIVAN
for approval of access pursuant to New York Town Law, Section 280-A,
be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS :
1. Remove loam to a width. of 10 feet down to wheel tread eleva-
tion the entire 362. 65 feet to the subject parcel;
Southold Town Board of Appeals -3- May 19, 1JVJ Special Meeting
(Appeal No.- 3085 - Ann O' Sullivan, continued: )
2. Place four inch (4" ) course of bankrun with gravel content
(or 2" stone blend) on the 10-foot width , leveling same.
3. The above improvements be approved by the Board of Appeals,
or town-authorized engineer-inspector after receiving notice of
completion of these improvements.
Location of Property: 5692 Main Bayview Road, Southold, NY;
County Tax Map Parcel No. 1000-78-4-41. 2 .
Vote of the Board: Ayes : Messrs . Douglass, Goehringer and
Sawicki . (Members Doyen and Grigonis were absent. ) This resolu-
tion was unanimously adopted.
RESERVED DECISION: Appeal No. 3098 - LULA MAE LATHAM.
Upon application for LULA MAE LATHAM, .by Twomey, Latham and Shea,
Esgs. ,, 33 West Second Street, Riverhead, NY for a Variance to Section
280-A, New York Town Law, for approval of access over a private right-
of-way located off the south side of Main (S.R. 25) , Orient, NY;
Parcel in Question: 10001-019-01-010 .
The publid hearing concerning this matter was held on
April 20 , 1983 , at which time the hearing was declared closed
pending receipt of a road report and recommendations from the
town road inspector, and pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way commencing at a point about 3 ,000 feet easterly
of Narrow River Road and located off the south side of Route 25 , hav-
ing a legal width of 16 ' , a traveled width of approximately 8-10 feet ,
and extending southerly from Route 25 to the subdivision in question
1283 feet (over premises now of R. Webber) . The right-of-way within
the proposed subdivision area is not within the purview of this board.
Upon inspection of the subject right-of-way and pursuant to the
road report of the road inspector , John .W. Davis , dated May 101 1983 ,
some of the surface areas show patches of gravel and a mixture of
small gravel and loam; and some sections are a little higher than
the adjacent farmlands. The 1283-foot length appears to be hard-
packed loam. Mr. Davis reports that the gravel patches would
indicate that the road is not in stable condition when saturated
from wet weather and springtime thaw. . The board agrees with the
recommendations of the road inspector , which are incorporated below.
In considering this appeal , the board determines that the
variance request is not substantial in relation to the requirements
of zoning; - that the circumstances are unique; that by allowing the
variance no substantial detriment to adjoining properties will be
Southold Town Board of Appeals -4- May 19, 1983 Special Meeting
(Appeal No. 3087 - LULA MAE LATHAM, continued: )
created; that the difficulty cannot be obviated by a method feasible
for appellant other than a. variance; that the relief requested will
be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in considera-
tion of all the above factors , the interests of justice will be
served by allowing the variance as indicated below.
It is noted for the record that on May 16 , 1983 the Southold
Town Planning Board conditionally approved the subdivision as a
set-off (Ch. 106-13) subject to receiving: (1) receiving approval
from the Zoning Board of Appeals and (2) approval of the right-
of-way within the metes and bounds of the subdivision property from
the Southold Town Planning Board.
On motion by Mr. Douglass, seconded by Mr. Sawicki , it was
RESOLVED , that Appeal No. 3087, application for LULA MAE LATHAM
for approval of access , BE AND HEREBY IS GRANTED SUBJECT TO THE
FOLLOWING CONDITIONS :
1. Road width shall be improved 12 feet wide;
2 . Road material removed and an additional 4" of topsoil for
areas covered by holes 2 and 3 per Mr. Davis ' report (attached hereto)
and add backfill to outer surface with clean fill;
3. Remove 6" of topsoil for area covered by hole 5 and backfill
with clean fill;
4 . Place a crowned compacted 6" course of bankrun containing
200 or more of gravel. and 100 of loam on the total length of 1283 feet;
5 . Any further lot set-offs , subdivisions , or new dwellings
shall be subject to further improvements as required by the Zoning
Board of Appeals and the Planning Board.
Location of Property: Private right-of-way located off the
south side of Main . (S.R. 25) , Orient, NY; County Tax Map Parcel ID
No. 1000-019-01-010 .
Vote of the Board: Ayes : Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent. ) This resolu-
tion was unanimously adopted.
' Southold Town Board or Appeals 75-: May 19, _J3 Special Meeting
RESERVED DECISION: Appeal No. 3086 - PORT OF EGYPT ENTERPRISES.
Upon application for PORT OF EGYPT ENTERPRISES, INC. , 62500 Main
Road, Southold, NY • (by George A. Cottral) for a Variance to the Zoning
Ordinance, Article VIII, Section 100-80A for permission to construct
addition with an insufficient frontyard setback and to use proposed
addition for retail sales in ' his "C-Light Industrial" Zone. Loca-
tion of Property: 62500 Main Road, Southold , NY; County Tax Map
Parcel ID No. 1000-056-06-006 .
The public hearing .concerning this application was held on
March 23, 1983, at which time the hearing was declared closed
pending deliberations. The board made the following findings and
determination:
This is an appeal for a use variance on premises located on the
south side of Route 25 in the Hamlet of Arshamomaque located in the
"C-Light Industrial" District. The premises is shown on the Suffolk
County Tax Map as District 1000 , Section 056 , Block 06 , Lot 006 , and
comprises approximately .4 . 2 acres , a portion of which consists of a
dredged boat basin.
It is proposed to add a 40 ' by 30 ' addition to an existing
structure on the premises , which existing structure and the proposed
addition thereto , is set back 20 feet from New York Route 25 and/or
Old Main Road. A portion• of the structure is presently used and
occupied as a .gift shop. The appellant proposes to use a portion
of such structure and the proposed addition for a retail fish market.
The gift shop has a sales area of 276 square feet together with a
storage area of 556 square feet. The proposed fish market will have
a sales area of 400 square feet and a storage area of 800 square feet.
Retail sales uses are not permitted uses in the "C" Industrial Zone.
The entire premises presently has the following uses thereon:
A dredged boat basin, a .marina; a large metal building used and
occupied for boat storage purposes as well as boat and marine sales;
a large restaurant; a fishing equipment sales facility%and the above-
mentioned gift shop. It must be stated that no variance has been
granted for the gift shop use. It also should be noted that the
proposed extension of the structure to house the fish market will
eliminate several parking spaces.
Since this is a use variance, before this board may grant the
same , it must be demonstrated that : (1) the land in question
cannot yield a reasonable return if used only for the purpose of
the zone in which it is located; (2) that the plight of the owner
is due to unique circumstances and not to the general conditions
of the neighborhood which may reflect the unreasonableness of the
zoning ordinance itself; and (3) that the use to be authori.zed to
be used for the variance will not alter the essential character of
the neighborhood. In order for the appellant to sustain his burden
to prove the lack of reasonable return , he-must demonstrate this
lack of reasonable return by dollars and cents proof. No such proof
•Southold Town Board c. Appeals -6- May 19, __83 Special Meeting
(Appeal No. 3086 - PORT OF EGYPT ENTERPRISES, continued: )
has been presented in this case , and accordingly, the board must
deny the use variance applied for.
Now, therefore , on motion by Mr. Goehringer , .seconded by Mr.
Douglass , it was
RESOLVED, that Appeal No. 3086 , application for PORT OF EGYPT
ENTERPRISES, INC. for permission to conduct retail sales in this
"C-Light Industrial" Zone, BE AND HEREBY IS DENIED.
Vote of the Board: Ayes : Messrs . Goehringer, Douglass and
Sawicki . (Members Doyen and Grigonis were absent. ) This resolu-
tion- was unanimously adopted.
RECENTLY-FILED APPLICATIONS: Appeals No. 3111 and 3112 -
CUTCHOGUE FREE LIBRARY - Building for library use as exists presently.
WHEREAS, on April 6 , 1983, Cutchogue Free Library filed
four applications , Appeals No. 3111 and 3112 , and Appeals No. 3109
and 3110 , concerning premises located at the north side of Main
(S.R. 25) Road, "the Old Courhouse" , Cutchogue, NY;
WHEREAS , it is the understanding of this board that Cutchogue
Free Library has filed two proposals with the Planning Board for
consideration, . or site plan approval , and pursuant to a letter
dated May 4 , 1983 from the Planning Board to the Library, additional
information was requested, particularly concerning a lease agreement
for parking and egress and ingress; and
WHEREAS , several letters were addressed to the Planning and
Zoning Appeals Boards concerning the lease agreement, and by
letter received May 17 , 1983 from Richard F. Lark, Esq. , owner
of the premises to be leased to the Library for parking, it is
indicated that Mr. Lark has not objection to the Library' s request
for use of their building as a Library or concerning parking for
library purposes;
NOW, THEREFORE, IT IS RESOLVED, that Appeals No. 3111 and 3112 ,
applications of CUTCHOGUE FREE LIBRARY be and hereby ARE SCHEDULED
for public hearings to be held at the JUNE 23, 1983 REGULAR MEETING
of this board, and that notice of same shall be advertised pursuant
to law in the local and official newspapers of the town.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki . (Members Doyen and Grigonis were absent. ) This resolu-
tion was unanimously adopted.
'Southold Town Board o.L Appeals -7- May 19, 1_3 Special Meeting
CHANGE OF DATE: Appeal No. 3099. DOROTHY REISE/RIAL REALTY CORP.
WHEREAS , pursuant to a: recluest received May 12 , 1983 from
Rudolph H. Bruer , attorney for Rial Reaty Corp. in Appeal No. 3099 ,
and pursuant to a verbal agreement by Anthony B. Tohill, Esq. ,
attorney for the objectants in this matter, that this matter be
recessed until Thursday, June 23, 1983 , rather than May 27th;
NOW, THEREFORE, BE IT RESOLVED , that the prior resolution of
this board scheduling this matter for May 27, 1983. is hereby
rescinded, and that the recessed date hereby is THURSDAY., JUNE 23 ,
1983. '
Vote of the Board: Ayes : Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent. ) This resolu-
tion was unanimously adopted.
PENDING DECISIONS: Appeals No. 3100 and 3101. ROGER L.
MUNZ and VICTOR CATALANO. The public hearings on these applica-
tions were held on April 20 , 1983.
The board was updated as to action taken by' the Planning Board
at their May 16, 1983 meeting, conditionally approving the site
plan for retail sales of boats subject to the following:
1. Certification from the Building Department;
2 . Receipt of sign agreement showing sideyard easement;
3. Approval from the Zoning Board of Appeals for variance and
special exception.
The board agreed that a copy of the agreement concerning the
egress/ingress easement along the,'easterly side yard area was
necessary in the determination of these applications. The Chairman
said he would be able to obtain a copy of the agreement.
PENDING DECISION: Appeal No. 3094 - .NORTH FORK BAPTIST CHURCH.
The public hearings on this application were held March 23 , 1983
and April 20 , 1983, at which time the hearing was declared closed
pending deliberations. The board members agreed to take action on
this matter at the. next Regular Meeting, May '27 , 1983 , when more
than three members would be present.
ENVIRONMENTAL DECLARATIONS : On motion by Mr. Goehringer,
seconded by Mr. Sawicki ,
Southold Town Board c %ppeals -8- May 19, 1' Special Meeting
IT WAS RESOLVED, to declare the following Negative Declaration
pursuant to S.E.Q.R.A. :
APPEAL NO. : 3111
PROJECT NAME: CUTCHOGUE FREE LIBRARY
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• Special Exception to occupy building
with "library" use within present structure.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as : North Side of Main Road, Cutch.ogue, 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. : 3112
PROJECT NAME: CUTCHOGUE FREE LIBRARY
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: Variance from off-street parking
requirements per lease of adjacent property owner and. the library.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Side of Main Road, Cutchogue, NY;
1000-102-5-22.
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
`Southold Town Board of Appeals -9- May 19 , __ _3 Special Meeting
(Environmental Declarations , continued: ) -
Vote of the Board: Ayes : Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent. ) This resolu-
tion .was unanimously adopted.
Being there was no further business properly coming before the
board at this time, the ChairnEn declared the meeting adjourned.
The meeting adjourned at approximately 8 : 35 p.m.
Respectfully submitted,
Lin a F. Kowalski, Secretary
Southold Town Board of Appeals
APPHUV _
Chairman Board of Ap eals,
CEIVED AND FILED BY
TEIE SOUT ICT D TOW14 CLERK
DATE 1_271,�31
HOUR
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