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HomeMy WebLinkAboutZBA-12/10/1987 Southold. Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS M I N U T E S JOSEPH H. SAWICKI - - - - - - - REGULAR MEETING THURSDAY , DECEMBER 10 , 1987 A Regular Meeting and Public Hearings of the Southold Town Board of Appeals were held on THURSDAY , DECEMBER 10 , 1987 commenc- ing at 7 : 30 o' clock p .m. at the Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Gerard P. Goehringer , Chairman ; Serge Doyen ; Charles Grigonis , Jr. ; Robert J . Douglass , and Joseph .H . Sawicki , constituting all five members .of the Board of Appeals . Also present were : Victor Lessard , Building-Department Administrator; Linda Kowalski , Z. B .A. Secretary , and approximately 20 persons at the beginning .of the meeting (in the audience ) . Chairman Goehringer opened the meeting at 7 : 30 p .m . and proceeded -with the following public hearings . All transcripts of the heari"rigs have been prepared verbatim under. separ.ate cover and filed simultaneously with the. Town ,Clerk .' s. Offi.c_e with these Minutes for reference . ) 7 : 30-.7 : 48 p .m . Public Hearing was held -and concluded in the Matter of THEODOSE TRATAROS and 'ERAKLIS APODIACOS . Variance for approval of insufficient lot area of .Proposed Parcel #1 , South Side of Main Road and East Side of Wiggins Lane , Green- port. 1000-35 ' 5-3. 7 : 48-711:.52 p .m . Public Hearing was held and concluded in the Matter of Appl . No . 3694 - THERESA CZECH. Open-deck construction with insufficient rearyard. 150 Goldin Lane , Southold. Immediately following the hearing , the Board proceeded with the findings and determinations , as follows : r ti. Southold Town Board of Appeals -2- December 10 , 1987 Regular Meeting DELIBERATIONS AND DECISION : Application of THERESA CZECH. Variance to the Zoning Ordinance , Article III , Section - 100-31 , Bulk Schedule , for approval of the con- struction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane , Southold , NY ; County Tax Map District 1000 , Section 13.5 , Block 2 , Lot 19. The Board deliberated and took the following action : WHEREAS , au:p'U_ blit .. hear.ing was held and concluded on Decem- ber 10 , 1987 in the Matter of the Application of THERESA' CZECH under Appl . No . 3694; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is located in the "A" Residential and Agricultural Zoning District and contains a total area of 8500± sq . ft. with 100 . 0 ft. frontage along the east side of Goldin Lane , Southold 2 . The subject premises is identified on the Suffolk County Tax Maps as District 1000 , Section 135 , Block 2 , Lot 19 , and is improved with one , single-family , one-story frame dwelling with setbacks from the front property line at 112± feet , rearyard (without the subject deck) at 322. ft . at its closest point , and sideyards at 19 and 44 feet . No permanent accessory structures exist at this time . 3. By this application , appellant requests a Variance from the Provision of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for approval of an open wood deck construction at the rear of the dwelling of a size 11 . 6 ft . by 16 feet , which exists with an insufficient rearyard setback at 212± feet (at its closest point ) . Southold Town Board of Appeals -3 December 10 , 1987 Regular Meeting (Appl . No . 3694 - CZECH 'decision , continued : ) 4. Article III , Section 100-31 , Bulk Schedule , of the Zoning Code permits the proposed construction with a setback of not less than 35 feet from the rear property line . 5. The percentage of relief requested from the require- ment is 13 . 5 feet. 6 . It is the consensus of the Board Members that the deck construction is not adverse to neighboring properties and is not out of character with the immediate area . 7 . It is also the opinion of the Board Members that : (a ) the percentage of relief requested is substantial in relation to the requirements ; (b ) the circumstances of the property are unique , due to substandard size and dimensions ; (c ) there will not be a detrimental change in the character of the neighborhood ; (d ) there is no other method feasible for appellant to pursue other than a variance ; (e ) the grant of this variance will not affect governmental facilities ; (.f) in view of the above factors , the interests of justice will be served by granting relief , as conditionally noted below . Accordingly , on motion by Mr. Sawicki , seconded by Mr. Goehringer , it was RESOLVED , to GRANT the relief requested under Appl . No . 3694 in the Matter of the Application of THERESA CZECH for the existing open-deck construction with setbacks as shown by survey prepared by William R. Simmons , Jr. dated September 28 , 1987 , from the rear property line at 2121 ± feet (at its closest point ) , and FURTHER PROVIDED THE DECK REMAIN OPEN AND UNROOFED AT ALL TIMES . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . c ' Southold Town.. Board of Appeals -4- December 10 , 1987 Regular Meeting Public Hearings (continued : ) 7 : 52-7 : 55 p .m . Appl . No . 3695 - Public Hearing was held and concluded in the Matter of HENRY J . SMITH & SON for a Special Exception to construct truck-storage building in this " C-Light Industrial " Zone. 2740 Peconic Lane , Peconic . 7 : 55-8 :02 p .m. Appl . No . 3689 - PETER AND DIANE LUHRS . Special Exception to construct addition for repair station in conjunc- tion with Sp . Exc . #3161 rendered 10/11 /83 . Public Hearing held and concluded . Location of Property . 45845 North Road , Sld . 8:02-8 : 20 p .m. Public Hearing was held and concluded in the Matter of Appl . No .. 3691 - HO.SNY SELIM. for a Variance to locate proposed inground pool with decks and fence enclosure within 100 ft. of the Long Island Sound and landward of existing dwelling in the front .yard . 855 Soundview Avenue , Mattituck . 8 : 20-8 : 22 p .m . Public Hearing was held and concluded in the Matter of Appl . No . 3696 - RICHARD NASS for proposed open wooden deck construction with setback at less than 75 feet from existing bulkhead . 50 Willow Point Road , Southold. 8 : 22 p .m . Public Hearing was opened in the Matter of Appl . No . 3676 - ANTHONY ROBUSTELLI and recessed , as requested by the applicant , until THURSDAY , JANUARY 14 , 1988 ., (No oral statements were statements from persons in the audience at this time . ) 8 : 23-8 : 58 p .m . Public Hearing was held and concluded in the Matter of Appl . No . 3671 - ANDREW AND THOMAS CYBULSKI (Recessed from November 10 , 1987 as requested . Variance for proposed book-publishing operations , wholesale book storage , and updated 280-A approval over existing right-of-way . "A" Zone District . W/s Depot Lane , Cutchogue . 8 : 58 .p .m . Public Hearing was reconvened in the Matter of PETER AND BARBARA HERZ for a proposed dwelling with insufficient setbacks from existing bulkhead and highwater areas along Midway Inlet and Hog Neck Bay . 70 Cedar Point Drive , Southold . (Recessed from June 18 , 1987 ) . On motion by Chairman Goehringer , seconded by Member Grigonis , it was RESOLVED , to recess the hearing in the Matter as requested . Vote of the Board : Ayes : All . (No recessed date was given at this time by the Board . ) 8 : 58- 9 :08 p .m . Public Hearing w;as. .opened and concluded in the Matter of Appl . No . 3561 - DOROTHY L . ROBERTSON as to insufficient area of two proposed parcels . S/s No.rth View Drive , E/s Private Road, N/s South View Drive , Orient . i Southold Town Board of Appeals -5- December 10 , 1987 Regular Meeting Public Hearings (continued ) : 9 :08-9 : 12 p .m . Public Hearing was opened and concluded in the Matter of Appl ._ . No . 3686 - FREDERICK AND DIANE RAYMES . , Proposed dwelling. with setback at less than 75 feet from existing bulkhead and with an insufficient frontyard setback . 704 Wiggins Lane , Greenport . ENVIR.ONM:E.N.TAL 'DECLAR.ATIONS : . On motion by .Mr. Douglass , seconded "by Chairman Goehri nger , it was RESOLVED , to declare the following Environmental Declarations in accordance with the N . Y . S . -Environmental Quality -.Review Act (SEQRA) , Section 617 , 6 NYCRR , and Chapter . 4.4 of the Code of the Town of Southold : Type II Actions/Category : (a ) Appl . No . 3566 - T-HEODOSE TRATAROS AND ERAKLIS APODIACOS (b) Appl . No. 3694 = THERESA CZECH (c ) Appl . No . 3691 - HOSNY SELIM; (d) Appl . No. 357.1 = DOROTHY L . ROBERTSON (e ) Appl . No . 3696 = RICHARD NASS (f) Appl . No . 3686 - FREDERICK AND DIANE RAYMES. Unlisted Actions/Category : (4 ) Appl . No . 3695 - HENRY J . SMITH & SON (b) Appl . No . 3689 = PETER AND DIANE LUHRS . (continued on pages 6 through 13) Southold Town Board of Appeals -6- Dec-.. 10 , 1987 Regular Meeting Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3566 ... ...... ...... ... ...... PROJECT NAME: ' ' 'THE'O'DO'S'E: T-RATAROS' AND'. 'E'RA'KL'I'S' 'A'P'GD'IACOS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' .of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: • [ XI Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for insufficient lot area of proposed Lot #1 in this pending set-off division LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: S/s Main. Rd. and. E/s Wiggins Lane, Greenport, NY 1000-35-5-3 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to . the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction -as regulated by Section • 617. 13 for a lot-line or area variance. (3) The relief requested is not directly related to new construction. ;. Southold Town Board of Appeals _7_ Dec. 10 , 1987 Regular Meeting 1 (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3694.. .. PROJECT NAME: T.HERESA C2,ECH. --- This notice is issued pursuant to Part .617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: . [XI Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: For approval of open deck construction as exists LOCATION OF PROJECT: Town of Southold, County. . of, Suffolk, more particularly known as: 150 Goldin Lane, Southold, NY 1000-135-2-19 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617 . 13, 6_NYCRR, SEQRA (3) Information has -been submitted by applicant or his agent indicating that the. project will not involve the disturbance of wet- land grasses or areas subject to -flooding which may be considered wetlands . ' Southold Town Board of Appeals -8- Dec. 10 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3691 PROJECT NAME: HOSNY 'SELIM This notice notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons indicated below. Please take further notice that this dec"laration should no 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: For .proposed inground pool with .decks and fence enclosure within 100 ft. of Long Island Sound and landward of existing dwelling in front yard LOCATION OF PROJECT: Town of Southold, County"" of, Suffolk, more particularly known as: 855 Soundview Ave.;A," Mattituck, NY 1000-94-1-7 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; The relief requested is a setback variance as regulated by Section� 617 . 13, 6 NYCRR,SEQRA (3) Construction proposed is landward of existing structures. t - Southold Town Board of Appeals - 9- Dec. 10 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of 'Non-Significance APPEAL NO. : 3561 PROJECT NAME: DOROTHY 'L'.' 'RO'B'ER'TSON This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons_ indicated below. Please take further 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 sarne or similar project. TYPE OF ACTION: [XJ Type II [ ] Unlisted [ DESCRIPTION OF ACTION: Approval 'of insufficient area of two proposed parcels LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: S/s North View Dr`.: , E/s Private Rd.. and N/s South View Dr. , Orient, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) the relief requested is not directly related to new con- struction .as.- regulate.,d by Section 617 . 13 for a lot-line or area variance. (3) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands Southold Town Board of Appeals -10- Dec. 10 , 1987 Regular Meeting (Environmenta'l Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3696...... PROJECT NAME: . . .RI'CHARD N'AS'S --- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further 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: • [XX Type II [ ) Unlisted [ DESCRIPTION OF ACTION: -2ropsed• open deck .with setback at -less than 75 feet from existing bulkhead' LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: 50 Willow Point Rgad, Southold, NY 1000-56-5-25 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures (3) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR,'. �EQRA Southold Town Board of Appeals -11 - Dec. 10 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance - i APPEAL NO. : 3686 _ PROJECT NAME: FREDERI'CK AND' D'IAN'E' R'AYMES This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. ` Please take further notice that this declaration should noL 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: [gj Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Proposed• dwelling ,with a setback of less than 75 feet from existing bulkhead and with an insufficient frontyard , setback LOCATION OF PROJECT: Town of Southold, County. of, Suff_olk, more , Narticularly known as: 704 Wiggins Lane,;:p Greenport, NY 1000-35-4-19 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (21 Construction proposed is landward of existing structures' (3) _ The relief requested is a setback variance as -regulated by Section 617. 13, 6 NYCRR, S.EQRA Southold Town Board of Appeals -12- Dec. 10 , 1987 Regular Meeting (Environmenta'l Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3695...... PROJECT NAME: 'HENRY 'J'.' 'SMITH '&' 'SON This notice is issued pursuant to Part 617 of the implementing regulations pertaining ,to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' 4f the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: [ Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special- Exception to construct truck- storage building in this "C-Light Industrial"Zone LOCATION OF PROJECT: Town of .Southold, County. of, Suffolk, more particularly known as: 2740 Peconic Lane, .>T, econic, _NY 1000-74-2-19 . 1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction ' Southold Town Board of Appeals -13- Dec. 10 , 1987 Regular Meeting (Environmenta•l Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : ; _3689 PROJECT NAME: PETER AND' DIANE LUHRS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4' of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons indicated below. Please take further 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: [ J Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special'' Exception to construct addition for repair station in conjunction with Sp. Exc.. #3161 rendered 10/11/83• LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: 45845 North Road, ".. outholdr NU 1000-55-2-17 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) , This is an application concerning use of. premises and is not directly related to new construction. (3) 'Informatiori has .been submitted by applicant or his agent indicating that the project will not involve the disturbance of wet- land grasses or areas subject to flooding which may be considerd wetlands Vote- of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. 'Southold Town Board of Appeals -14- December 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3672 : Application of 'ANTHONY GAMBINO . Variance to the Zoning Ordinance , Article. XI , Section 100-119 . 2 for approval of the construction of new dwelling with an insufficient setback from nearest wetlands and/or ordinary highwater mark along Deep Hole Creek . Location of Property : East End of Lupton Point Road , Mattituck , NY ; County Tax Map Parcel No . 1000-115-11 -10 . The. Board deliberated and took the fallowing action : WHEREAS , a public hearing was held and concluded on November 10 , 1987 in the Matter _of the Application of ANTHONY, . GAMBINO under Appl . No . 3672 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony .recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in questi.on is located in the "'A" Residential and Agricultural Zoning District and .is identified on the Suffolk County. Tax Maps as District 1000 , Section 115 , Block 11 , Lot 10 . 2 . The subject premises contains a total area of 19 ,200 sq . ft . with 120 .ft. frontage along the south side of a private road known as "Lupton Point ,Road, " _and fronting along Deep Hole Creek. 3. The subject premises is improved with a concrete founda- tion as shown on__ the December 22 , 1981 survey , amended October 22 , 1987 , prepared by Roderick VanTuyl , P . C . depicting the following setbacks : (a ) 35 feet from the front property line , (b ) 10 . 2 feet from the westerly (side ) property line , '(c ) 93± feet from the ordinary highwater line at the most southerly end , (d ) 60 feet from its nearest point along the easterly ordinary highwater mark . -Southold T.own. Board of. Appeals - 15- December 10 , 1987 Regular Meeting (Appl . No . 3672 - GAMBINO decision , continued : ) 4. Appellant by this application requests a Variance from the Provisions of Article XI , Section 100-119 . 2 ( B) for approval of an insufficient setback from the ordinary high- water mark at 66 feet from the southeast corner and at 60 feet from the 'northeast corner of a concrete dwelling founda- tion , as more particularly shown on the October 22 , 1987 Amended Survey prepared by Roderick VanTuyl , P . C . 5 . Article XI , Section 100- 119. 2 ( B) requires all buildings and structures located o.n lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75) feet from the landward edge of the tidal wetland , whichever is the greater distance . 6 . The following additional information is noted for the record : (a ) On May 11 , 1987 , a Wetland Permit under the Provisions of Chapter 97 was issued by the Southold Town Trustees with conditions ; . (b) On or about June 18 , 1987 , a Determination was rendered by the Suffolk County Board of Review under the rules pertaining to the Suffolk County Health Department ; (c ) On or about July 13 , 1987 the Southold Town Bay Constable issued a Stop Work Notice concerning the Town Trustees Wetland Permit ; (d) On or about July 21 , 1987 , the Suffolk County Department of Health signed the survey confirming approval (s ) under their jurisdiction ; (e ) On or about August 18 , 1987 , an application was submitted to the Building Department for a Building Permit , and a Building Permit was issued by the Building Department under No . 16340Z for the construction of a new single-family dwelling structure as shown by survey amended lastly May 29 , 1984 prepared by Roderick VanTuyl , P . C . and separate construction plans submitted therewith ; (f) On September 3 , 1987 , this Board was notified Southold Town Board of Appeals -16- December 10 , 1987 Regular Meeting (Appl . No. 3672 - GAMBINO decision , continued :) and requested to review the subject Building Permit and necessity of a variance under the Provisions of Article XI , Section .100-119 . 2 of the Zoning Code [see letter dated September 3 , 1987] from the owners abutting the subject premises along the west side ; (g ) On September 4 , 1987 , this office delivered a memorandum to the Building Department urging their immediate inspection and other reviews or actions necessary concerning this pending building permit and the zoning code ; (h ) On September 4 , 1987 , a Stop Work Order Notice (referred to as "red ta.g" ) was delivered to the co-owner of the premises , Mr . Gambino , which read as follows : . . . NOTICE - Stop Work. There appears to exist a violation of zoning , Chapt . 100 on these premises , Article XIV , Section 100-143 . Please contact Building Inspector By AT ONCE regarding this matter . Architects , builders and owners are each responsible under law . Building Inspector ' s Office Town of Southold . . . . (i ) On September 4 , 1987 , the applicant obtained the necessary variance forms ; (j ) The Building Department file indicates that forms for the foundation were in place but concrete was not poured; (k ) On or about September 11 , 1987 a second Stop Work Order was issued and the foundation had been poured ; (1 ) On September 14 , 1987 , a written Order to Remedy Violation was issued ; (m ) On September 16 , 1987 , this variance application was filed with this office . 7 . At the November 10 , 1987 public hearing , an Affidavit and an Affirmation in Opposition were filed questioning $auth:old Town Board of Appeals -17- December 10 , 1987 Regular Meeting (Appl . No . 3672 - GAMBINO decision , continued : ) the following areas : (a ) Section 100-10 of the Zoning Code pertaining to nonconforming uses . Upon information and belief, this premises is to be utilized as a single-family dwelling. A single-family dwelling. is a permitted use in this Zone District . If evidence is found to the contrary , a separate application should be filed in order to evaluate this position as required by law , after public hearing , et cetera . This application pertains to setbacks under Section 100-119. 2 . (b) Section 100-31 (A) of the Zoning Code pertain- ing to lot size . Upon information and belief, this premises is a substandard lot containing 19 ,200± sq . ft . in area , which does not conform with today ' s lot size requirement of 80 ,000 sq . ft . Town records show that the neighboring premises to the west (now of Esquirol ) was conveyed by Deed at Liber 6925 cp 354 on April 6 , 1971 and that the subject premises (Gambino ) was conveyed by Deed at Liber 6388 cp 08 on July 23 , 1968 to Burton and Anne Mason ; that on May 19 , 1974 Burton E . Mason had died testate , and that on October 16 , 1984 , the Gambinos acquired same from Anne Mason . Since both parcels were separated prior to the enactment of the minimum 40 ,000 sq . ft . requirement (November 1971 ) , and during the period of the 12 ,500 minimum sq . ft . requirement , this Board cannot acknowledge improprieties without sufficient evidence . (c ) With reference to the statements concerning the N . Y . S . Department of .Environmental Conservation , or other agencies requiring.:Wetland Permits , this Board is without,-.authority thereunder . , 8 . This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties ." Although the Courts have not defined the term. "practical dificulties , " in the Case of Wachsberger v . Michaelis , 19 Misc . 2d 909-, the Court said that the following matters should be considered : (1 ) how substantial the variance is in relation to the requirement; (2 ) the effect , if ` 'Southold Town Board of Appeals - 18- December 10 ., 1987 Regular Meeting (Appl . No . 3672 = GAMBINO decision , continued: ) the variance is allowed , of the increased population density thus produced on governmental facilities ; (3 )._whether a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties ; (4 ) whether the difficulty can be obviated by some method , feasible for the appellant to pursue , other than a variance ; (5 ) whether in view of the manner in which the difficulty arose and in consideration of the above factors , the inter- ests of justice will be served by allowing the variance . 9. In applying the above considerations to the facts in this case , the Board finds : (a ) that the variance requested is not substantial in relation to the require- ment , being a variance of approximately 20. percent , or 15 feet ; (b ) that there will not be an increase in popu- lation density by this variance and accordingly there will be no undue burden on available governmental facilities ; (c ) that the grant of this variance will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties ; (d ) the alternative available to appellant to this variance would be to remove the structure which exists , reduce the size of the dwelling structure , and apply for a building permit with setbacks in compliance with the zoning regulations-- it is true that the difficulties are self-created ; however , it it also true that the Stop Work Order (s ) , as issued , did not comply with the procedures stipulated under Article XIV , Section 100-143 of the Zoning Code ; (e ) in view of the manner in which the difficulties arose and in consideration of all the above f.act.ors , the interests of justice will be served by allowing the variance . Additionally , it is noted that ( 1 ) the circumstances of the property are unique ; (2 ) the relief requested is not out of character with the immediate area since there are similarly established setbacks from the ordinary . highwater mark; (3 ) significant economic injury would result if the variance is not allowed , particularly due to the manner of these events . Accordingly , on motion by Mr . Sawicki , seconded by Mr. Goehringer , it was RESOLVED , to GRANT a Variance from the Provisions of Section 100-119. 2 B of the Zoning Code , in the Matter of the Application of ANTHONY GAMBINO under Appl . No . 3672 for a reduction of the setbacks from the ordinary highwater mark as shown on the Survey prepared by Roderick VanTuyl , P . C . lastly dated October. 22 , 1987 , and SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There be no disturbance of land within 55 feet of the ordinary highwater mark (during or after construc- tion ) , except as may be required by other enforcing Southold. Town. Board of Appeals -19- December 10 , 1987 Regular Meeting (Appl . No . 3672 - GAMBINO decision , conitnued : ) agencies to remedy any pending violation ; 2 . There be no surface water runoff into the creek areas ; all water runoff (including runoff from gutters , etc . ) shall be contained in storm drains or similar basins where necessary (and more specifically the east and south sides ) ; 3. If it is determined by the Building Inspector that construction does not comply with .Chapter 46-Flood Plain Management Law of the Town of Southold , the property owner will be required to comply before further construc- tion takes place ; 4. Proper application and issuance pursuant to law of a Building Permit for the structure as considered herein (which appears to be ' different from the survey/plans sub- mitted under Building Permit #16340Z) ; 5 . No further protrusion/reduction into the side or rearyard areas to include all ground or below-ground level construction ; 6 . No further reduction toward the ordinary high- water mark which would be seaward of the house and within 75 feet thereof (which will necessitate further reviews by this Board ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly .adopted . Southold Town Board of Appeals -20- December 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3677 : Application of ROBERT MOHR for Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of decks attached to dwelling with insufficient rear and front yard setbacks , and Article III , Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property : West Side of Wabasso Street , Southold , NY ; County Tax Map Parcel No . 1000-78-3-34. 2 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on November 10 , 1987 in the Matter of the Ap.plication.- of .ROBE.RT MOHR under Appl . No . 3677 ; and WHEREAS , 'at. sai.d hearing all those who desired to be heard were heard. and their testimony _recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS , the Board Members have person.a.11y viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and _ WHEREAS, 'the Board made the following findings of fact : 1 . The premises in question contains a total area of 20 ,625± sq . ft . . with 187 .50± ft . frontage along the west side of Wabasso Street , Southold , NY and is _known and referred to as Lot #l , 'of Minor Subdivision approved by the Southold Town Planning. Board ' November 8 , 1982 , subject to Board of Appeals approval . Conditional approval was rendered by the Board of Appeals under Appl . No . 2.996 on December 22 , 1982 . 2 . On February 23 , '1987 , Building Permit#15697 was issued by the Southold Town Building Department for the con- struction of a single-family dwelling structure and accessory building .. On June 18 , 1987 the Permit was amended to include expanded and added . decks . . 3. The subject premises is improved with two structures : Southold Town Board of Appeals -21 - December 10 , 1987 Regular Meeting (Appl . No . 3677 - MOHR decision , continued: ) (a) single-family dwelling structure with attached decks and (b ) accessory 12-story framed storage/ga.rage building located at the most northwesterly corner. 4 . The existing dwelling structure is shown to be set back 36 . 7 feet from the front property line (without deck areas ) , and the existing open-deck areas attached to the front of the dwelling structure are shown to be set back 28. 8 feet at its closest point and at .34®.7 feet , . from the front property line and as. more particularly shown--, on survey prepared by _Raymon.d W. Donack , Sr. dated September 4 , 1987 . The rear open-deck construction is shown to be set back at 22 .- 6 feet at its closest point from the westerly (rear) property line as constructed . 5 . The existing accessary storage/garage building is shown to beset back 77 .5. feet from the front property line , 5 . 7 feet from the northerly (side ) property line , 6 feet from the westerly (rear) property line and1117 feet from the southerly property line. 6 . 'By this application , relief is requested as follows : (a ) insufficient frontyard' setback,.. of deck, as exists ,. at 28 . 8 feet from the easterly front property line , (b) insufficient rea'ryard setback . of .deck, as_. exists , at 22 . 6 feet from the westerly rear property line , (c ) approval of construction of accessory building which is partly located in the sideyard area due to, the'. construction of the. -dwelling ' s new deck construction which reduced the rearyard area . 7 . For the record it is noted that prior to the issuance of an Order to Remedy. Violation dated September 1 , 1987 , 1-st and 2nd foundati.on .inspections were made , and a second survey was requested. The second survey was issued September 4 , 1987 and the Notice of Disapproval from . the Building Inspector was issued September. a1 ,. 1987 . On September 25 , 1987 , this variance application was filed . 8. In making this determination , it shall be understood that an approval of the decks in the frontyard area as noted below shall not be , use.d when calculating an "average of . established" setbacks of principal dwel.lings- in the area Southold Town Board of Appeals -22- December 10 , 1987. Regular Meeting (Appl : No . 3677 = MOHRIdecision , continued: ) as provided by Section 100-33 of .the Zoning Code . The principal building .setback- shall remain at not less than 35 feet (presently shown at 36 .7 feet) , and all dwellings proposed on all vacant lots in the immediate area shall . be required to meet the . setbacks of new principal bui.ldings (i . e . 35 ft . front, 35 ft. rear , etc . ) without reduction [except as may be permitted by this. Board after formal applications] . 9. In making this determination , the Board . also finds and determines as follows : (a) the amount of relief requested as to the front and rear decks are substan_tial- in rel,_ation to .the requirements, being variances at 37±% in the rearyard , and at more than 15% in the frontyard; (b ) the circumstances of the property are unique in that it is a substandard parcel ; (c ) the relief requested is not the minimal necessary , except that the construction under question does_ exist ; (d ) the amendment of' the building permit allowing : and extension of deck areas as issued is. . not Valid or proper since assumptions were made as to setbacks , and the construction of the deck areas in accordance there- with , when confirmed in writing , violated the zoning setbacks ; (e ) the "practical difficulties" test has not been satisfied 'as ' required 'by law to permit the 'entire relief requested , by this application ; (f) in view of the manner in which the difficulties arose and in view of all the above factors , the interests of justice -will - be. serv.ed 'by granting the following alternative relief. Accordingly , on motion by Mr. Sawicki , seconded by Mr. Grigonis , It was Southold Town Board of Appeals -23-December 10 , 1987 Regular Meeting (A-ppl,. No . 3677 - MOHR decision , continued : ) RESOLVED , to DENY THE RELIEF FOR THE FRONT AND REAR YARD REDUCTIONS AS REQUESTED , TO GRANT APPROVAL OF THE LOCATION OF THE ACCESSORY BUILDING AS EXISTS PARTLY IN THE SIDEYARD , AND TO GRANT THE FOLLOWING ALTERNATIVE RELIEF , in the Matter of the Application of ROBERT MOHR under Appl . No. 3677 : 1 . That a four-ft. deck extension shall be permitted to remain along the front areas leaving frontyard setbacks at 31 . 8 feet. at the closest "V" point and at 34 . 7 feet. The areas which are not violative of the ' 35-ft. - frontyard setback are not within this. Board ' s_.. jurisdic_tion. and ..accord- ingly may remain; 2 . That a reduced open-deck extension sh.a.11 be permitted to remain at setbacks not closer than.. 28 feet from the rear property, line'. (present deck should be cut back where necessary ,. a.pproxi_mately 5 '6" to meet this requirement ) . The areas which are not violative of the 35--ft. frontyard setback rule are not within this. Board ' s jurisdiction and accordingly may remain ; 3. The deck construction shall remain open , unroofed., never to be temporar.i. ly or permanently enclosed ; 4.. The deck construction shall be considered a walk- way and not liveable floor area (or., principal construction ) when calculating the ".average esta.bl fished".. setbacks rule provided under Section 100-_33 of the Zoning Code ; 5 . The accessory building shall remain and be limited to garage a-nd storage_ uses incidental and accessory to the principal residential use of, this property , not to be operated for office use or gainful purposes ; 6 . No expansion shall be permitted of the deck areas or accessory building except by formal application to this Board; 7 . All structures shall not exceed 20% of the total lot coverage (4., 1'25 . sq . ft.. )_. as restricted by Article III,, Section 100=.31 , Bulk __Schedule of the Zoning -.Code . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , 'Douglass and Sawicki . This resolution was duly .adopted . Southold Town •Board of Appeals -24- December 10., 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No_. 3514 : Application of GEORGE P . SCHADE for Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval - of the proposed insuffittent lot area and width of two parcels- in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road) , Southold , NY; County Tax Map Parcel No . 1000-78-7-42 . The Boa.rd deliberated and took the following action : WHEREAS , a public hearing was held and concluded on November 10 , 1987 in the Matter of the Application of GEORGE P . SCHADE under Appl . No.-- 3514; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally vi-ewed and are familiar with the premises in question --i question , present zoning, and the surrou.n.ding areas ; and WHEREAS , the Board made the following Findings of Fact : 1 . The premises in question is located in the Zoning District and is a parcel of land containing a total area of 52 ,984 sq . ft. and is more particularly identified on the . Suffolk County Tax Maps as District 1000 , Section 78 , Block 7 , Lot 42 . 2 . The subject premises is improved with a single-family , 12-story.. frame dwelling containing a liveable floor area of 13040± sq . ft. and having setbacks : (a ) from the front property line at 128 feet , (b) from. the southerly side line at 35± feet , (c ) from the westerly rear line at 86± feet , (d ) from .. the northerly side line - at more than 125 feet . S 1 Southold Town Board of Appeals -25•- December 10 , 1987 Regular Meeting (Appl . No . 3514 - SCHADE decision , continued : ) 3. By this application , appellant requests a Variance from the Provisions of Article III , .Section 100-31 , Bulk Schedule , of the Zoning ' Code , for approval of the proposed insufficient area and width of two lots in this proposed set-off division of . land , as follows : (a ) insufficient lot area of 26 ,492 , . and (b) i.nsufficient width (frontage ) of 100 . 0 feet , for each Parcel #1 and #2 . 4. After research and investigation , the following facts have been confirmed : (a ) the parcel adjoining the subject premises at the south side consists of an area of 30 ,228 sq . ft. [formerly Fritz] and was the subject of a denial by this Board under Appl . No . 3657 rendered November 18 , 1987 for similar relief; (b) the parcel adjoining the subject premises on the south (southwest ) side [now or formerly Stigliani ] consists of an area of one acre and is identified on the Suffolk County Tax Maps as Section 78 , Block 7 , Lot 43 . There is an appeal pending at this time for variances to approve the proposed insufficient area of this one-acre parcel into two substandard lots . No action has been taken by this Board as 'of the date of rendering this decision ; (c ) the parcel to the north (1000-78-7-41 ) of the subject premises contains an area of 26.,500± sq . ft . ; (d ) the second parcel to the north (1000-78-7-40 ) of the subject premises contains an area of 30 ,475± sq . ft . in area ; (e ) the third parcel to the north (1000-78-7-39) of the subject premises consists of an area of 39 ,750 sq . ft. [Lots 38 and 39 merged under common ownership during 1974] ; (f) the lot under question which contains a total area of 1 . 126± (or 52 , 984 sq . ft . ) meets only 66% of today ' s minimum lot-size requirement of 80 ,000 sq . ft . (g ) the relief requested under this variance to � h R ' ' Southold Town Board of Appeals -26- December 10 , 1987 Regular Meeting (Appl . No . 3514 - SCHADE decision , continued : ) further reduce the size of this property to 17 , 182 sq . ft . or 13 ,046 sq . ft. is substantial , and meets 22% or less of today ' s minimum lot-size requirement for each proposed lot . (h ) As noted above , the lots proposed herein are substantially smaller than those existing and legally established in the immediate area . 5 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum lot width of 175 feet , and minimum lot area of 80 ,000 sq . ft . 6 . It is the opinion of the Board : (a ) that the amount of relief requested as to lot area and lot width are substantial in relation to the requirements ; (b ) that the evidence submitted is not sufficient to warrant a granting of the variances requested and the criteria set by the Courts for this area variance has not been properly met ; (c ) the difficulties claimed are self-created ; (d) the lot area requirements have been in effect for a minimum of 80 ,000 sq . ft. since May 1983 , and for a minimum of 40 ,000 sq . ft. since November 1971 , for a total of over 16 years , and prior to the conveyance in title of this property to this owner/applicant; (e ) the percentages of relief requested are substantial in relation to the requirements [as noted ore viously] ; (f) the variances , if granted , will in turn cause a substantial effect on the safety., health , welfare, comfort , convenience and order of the town ; (g ) the circumstances of the property are not unique and the variance , if granted , will set a precedent since there \ are similar circumstances in the immediate area ; fficulties (h ,': in v4ew of t-he manner in which the di 1 I . I I 1 Soutftald Town. Board of Appeals -27- December 10 , 198.7 .Regular Meeting (Appl . No . 3514 - SCHADE decision , continued : ) " arose , and inconsideration of all the above factors , the inter- ests of justice will be served by denying the variances applied . Accordingly , on motion by Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , to 'DENY the relief requested under Appl . No. 3514 in the Matter of the Application of GEORGE. P . SCHADE . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass , Doyen , and Sawicki . This resolution was duly adopted . The meeting was declared adjourned at 9 :45 p . m . and the Board indicated that a Special Meeting would be held Wi)ithinithe next _two,.weeks . Respectfully submitted , Linda F . Kowalski , Secretary Southold Town Board of Appeals pproved - Gerolrd P . G hringer /88 Chairman b4L EI ED AND FILED BY THE SOUTHOLD T01;r3TN CLERK DATE DOUR 11 : 1 F,4 Ai Own Cle To 0 0