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HomeMy WebLinkAboutZBA-10/08/1987 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. M I N U T E S SERGE DOYEN, JR. REGULAR MEETING ABtert J. Douglass THURSDAY, OCTOBER 8, - 1987 JOSEPH H. SAWICKI A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, OCTOBER 8, 1987 commencing at 7: 30 o'clock p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr. , Member Serge Doyen, Jr. , Member Robert J. Douglass, Member Linda F. Kowalski, ,Board Secretary. Absent was: Joseph H. Sawicki, Member (due to illness) . The Chairman opened the meeting at 7:30- p.m. and proceeded with the first items on the agenda, as follows: PUBLIC HEARINGS were held on the following matters. Verbatim transcripts of the statements made during the public hearing are prepared under separate cover (attached for reference purposes) : 7: 35 p.m. Appl. No. 3651 - DEAN KAMEN 7 : 50 p.m. Appl. No. 3592 - BENTE SNELLENBURG. 7:53 p.m. Appl. No. 3668 - GERARD C.KEEGAN 8:05 p.m. Appl. No. 3657 - CLYDE FRITZ 8:15 p.m. Appl. No. 3663 - MARIO CASTELLI 8:30 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES 8:37 p.m. Appl. No. 3593 - QUIET MAN INN Appl. No. 3659 - QUIET MAN INN. 8: 52 p.m. Appl. No. 3664 - ANA G. STILLO' 8: 55 p.m. Appl. No. 3670 - ROBERT H. FREY 9:00 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH LADEMANN Appl. No. 3651 - DEAN KAMEN (Reconvened and Concluded Hearing from earlier tonight. ) i s r 7 Southold Town Board of Appeals -2- . .October 8, .1987! Regular Meeting DELIBERATIONS/DECISION: Appeal No. 3602:" ' Application of-MARGARET McNAMARA for a Variancelto the Zoning Ordinance, Article XI, Section 100-119..2(B) for permission to construct wooden deck attached to existing dwelling with an insufficient setback from.existing, timber bulkhead and Peconic Bay. Location of Property: 640 Takaposha Road'. (Private Road #15) , Southold, NY; County Tax Map Parcel No. 1000-87-06-10. The Board began deliberations and took the following action: WHEREAS, atpublicahearinga* stheld and doudluded on August 20, 1987 in the Matter of the Application of MARGARET McNAMARA under Appl. No. 3602; 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. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) for permission to� construct open, wooden deck construction around the existing dwelling structure resulting in an insufficient setback from the existing timber bulkhead at 36 feet and at 30 feet from the stairway construction (at its closest point) . 2. The premises in question is located along the northerly side of a private road referred to as Takaposha Road.. (or Private Road #15) , which extends from a point at the south. side of Main Bayview Road in varied south and southeasterly directions, to. the subject premises, which is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 6, Lot 10. 3. The subject premises is improved with a single-family, two-story frame dwelling set back 24 feet from the front property line along the private road and 48 feet from the timber bulkhead (along Peconic Bay) . 4. Article XI, -Section 100-119.2, subsection.:(B) of the Zoning Code requires all buildings and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland, whichever is the closer distance. 5. The percentage of relief requested in relation to the existing established setback from the bulkhead is 12 feet, or 25%. 6, The total.percentage of .lot coverage is less than 20%, and more specifically 18% .(see letter of amendment received July 24, 1987) . x i Southold Town Board of Appeals -3- October 8, 1987 Regular Meeting (Appl. No. 3602 - MCNAMARA.T,. decision, continued:) 7. For the record, it is noted: (a) that the subject right-of-way has- been the subject of a prior application, .under No. 1223. granted on January 2, 1969, •.(G:_Cainpbell) , with the condition(s) that certain improvements be placed (for the entire right-of-way extending back to Main Bayview Road) ; (b) that premises to the north, now or formerly of Wagner [1000-87-06-04].:and of Harford [1000-87-06-2] .,have received conditional variances as noted therein for similar relief; (c) that by Permit No. 10-87-0828, a conditional approval was rendered by the N.Y.S. Department of Environmental Conservation for this project; and (d) that a conditional waiver was rendered by the Southold Town Trustees for this project on February 26, 1987,. 8. In passing upon this application, the Board' has considered all technical evaluations., all relevant factors, .all standards necessary for area variances of this nature, and finds and determines that: (a) the relief requested is not substantial, being a variance of 25% from the existing setback; (b) the project as proposed will not be ,adverse to the -safety, health, welfare,. comfort, .convenience or order of the town; (c) the circumstances are not personal in nature and are directly related to the property size, etc. ; (d) there is no other method feasible for appellants to pursue other than a variance; . (e) there will not be an increase. in.density created by the grant of this variance; (f) the project as proposed is not out of character with the neighborhood; (g) that in view of all the above factors, the interests of justice will be served by granting the following relief as an alternative to the requested relief. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was I t j 1 1 Southold Town Board of Appeals. -4- October 8, 1987 Regular Meeting �(Appl. No. 3602 - MCNAMARA decision, continued:) RESOLVED, to GRANT -permission to construct open, wooden deck construction in the Matter of the Application of MARGARET McNAMARA under Appl. No. 3602, .with the following restrictions ,and limitations: (1) that the setback from the front property line be not less than 16 feet [exclusive .of stoop area, which may be added if excluded as building area defined by Section 100-13, page 10009 of the Zoning Code, paragraph (2) [b] thereof] ;: (2) that the total lot coverage not exceed 20%, as proposed; (3) that the .setback from the existing timber bulkhead not be less than 30 feet [exclusive. of stoop area, which may be added if excluded as building area defined. by Section 100-13 page 10009 of the Zoning Code, paragraph (2) [b] thereof] ; (4) that the-deck. construction remain. open and 'unenclosed, as proposed herein. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen . and-Douglass. (Member Sawicki was -absent.. ) This resolution was duly adopted. r.- t Southold Town Board of Appeals -5- October 8 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3647 : Application of JOHN AND JOAN WETZEL for Variances to the Zoning Ordinance , Article - III , Section 100-31 , and' Article XI , Section 100-119. 2 , to construct additions to dwelling with reductions in the sideyard , and to construct addition landward of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property : 4635 Pequash Avenue ( Fleetwood Road ) , Cutchogue , NY ; Fleetwood Cove Lot No . 12 ; County Tax Map Parcel No . 1000-137-04-06 . The Board deliberated and took the following action : WHEREAS , a public' hearing was held and concluded on August 20 , 1987 in the Matter of the Application of JOHN AND JOAN WETZEL under Appl . No . 3647 ; 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 . By this application , appellants request Variances from the ' Provisions of Article III , Section 100-31 , and Bulk Schedule , and Article XI , Section 100- 119 . 2 (B ) for permis'sion to construct extensions to existing dwelling as more particularly shown on survey dated February 2 , 1987 prepared by Peconic 'Surveyors & Engineers , P . C . , reducing the south (southeasterly). sideyard setback from the estab- lished at 82± feet (when scaled ) to 5 ' 6 " as, shown on the sketched survey (or 6 ' shown on the original survey) . 2 . The premises in question is located along the east side of Pequash Avenue (a distance of 91 . 62 feet from its intersection with Fleetwood Road ) , in the Hamlet of Cutchogue , containing a total lot area of 8800± sq . ft. and frontage along Pequash Avenue of 80 . 00 feet . 3 . The subject premises is shown on the (preexisting) 1938 Map of Fleetwood Cove as Lot No. 12 and is improved with an one-story , single-family frame dwelling structure having the following setbacks : (a ) from the front property line along [ 1 Southold Town Board of Appeals , 6_ October 8 , 1987 Regular Meeting (Appl . No . 3647 - WETZEL decision , continued : ) Pequash Avenue at 25 . 9 feet; (b ) from the northerly side property line at 9. 8 feet ; (c ) from the southerly side property line at 82± feet ; (d) from the rear property line at 78± feet ; (e ) from the approximate highwater mark at 59± feet; [all as shown by the February 2 , 1987 VanTuyl sur- vey . 4. Article III , Section 100-31 , Bulk Schedule , of the Zoning Code requires minimum sideyard setbacks at not less than 10 and 15 feet , or the established (which presently are 9. 8 feet and 8. 6± feet ) , and total sideyards at 25 feet . 5 . Article XI , Section 100-119. 2 ( B) requires all build- ings and structures located on 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 , which- ever is the greater distance . 6 . It is the position of the Board that inasmuch as the southerly sideyard is presently nonconforming at 8. 6± feet (rather than the required 15 feet ) and that the present percentage of lot coverage is close to the maximum-permitted 20 percent , that this Board is without authority to grant the relief as requested herein . 7 . The Courts have held that the area setback variance must meet the "practical difficulties" standard , considering at least the following : (a) the relief requested is not substantial in relation to the requirements ; (b) the project as proposed is not out of the character with the neighborhood; (c ) the circumstances of the property are unique and are not personal in nature ; (d ) the variance will noit in turn be adverse to the safety , health , comfort , convenience or order of the town ; (e ) the variance requested shall be the minimal necessary ; (f) there is no other method feasible for appel - lant to pursue other than a variance . 8 . It is the opinion of this Board that: (a) the relief requested in relation to the requirements is substantial , being a variance of 55% from the total sideyard r,equ.irements although a minimal variance from the setback requirement from the . high- water mark; (b) the setback of the dwelling to the east t t Southold Town Board of Appeals -7- October- 8 , 1987 Regular Meeting (Appl . No . 3647 - WETZEL decision , continued : ) [presently of Lambert] is shown by survey dated May 20 , 1983 prepared by Roderick VanTuyl , P . C . to have sideyards at 14 or more feet ; (c ) the circumstances of the property are unique and are not personal in nature , particularly due to the noncon- forming lot size , lot width , limited buildable area , etc . ; (d ) the variance if granted as applied would in turn be adverse to the safety , health , comfort , convenience , or order of neighboring properties ; (e ) there will not be an increase in population density thus created by this variance ; (f) there is no other method feasible for appellant to pursue other than a variance [except overhead second-story construction] ; (g ) that in view of all the above factors , the interests of justice will best be served by granting the alternative relief, as further indicated below . 10 . It is also noted for the record that the April 6 , 1973 survey prepared by Young & Young , L . S . for the owners submitted under Building Permit #10767Z issued July 8 , 1980 , indicates new deck construction at the rear of the dwelling with a setback of 18 feet and with a lot coverage of 20± percent. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Dougl.ass , it was RESOLVED , to GRANT the following alternative relief in the. Matter of the Application of JOHN AND JOAN WETZEL under Appl . No . 3647 : 1 . Proposed extensions at the subject southerly sideyard area not to exceed 82 feet ; 2 . Both sidey.ard areas must remain open and free of obstructions at all times ; 3. Any construction in excess of that shown on the February 2 , 1987 survey prepared by Peconic Surveyors and Engineers , P . C . and which will exceed the maximum-permitted lot coverage requirement shall not be permitted without- reapplica- tion to this Board (for relief from the lot-coverage require- ment , and any and all other provisions of the Code applicable thereto ) . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Grigonis.. (Member Sawicki was absent . ) This resolution was duly adopted . Southold Town-.Board of Appeals -$- October 8, 1987 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3656: Application of NICHOLAS IPPOLITO for. Variances to the Zoning Ordinance, Article III, Section 100-31, and-Article XI, Section .100-119.2, for permission to construct garage addition to dwelling with an insufficient southerly sideyard setback, insuffi- cient total sideyards, insufficient setback from bulkhead along Arshamomaque Pond, and excessive lot coverage. Location of Property: 230 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-052-02-007. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded .on August 20, 1987 in the Matter of. the Application of NICHOLAS IPPOLITO, under Appl. No. 3656; 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. By this application, appellant requests Variances from the Provisions of Article III, Section 100-31, and Bulk Schedule, and Article XI, Section 100-119.2, for permission to construct 12' by 25' garage addition at the south- erly side yard area with setbacks at 22 and feet from the south property line, 27± feet from the existing bulkhead (along Old Cove) , and with a total lot coverage at 23..8 percent, all as more particularly shown on survey amended August 7, 1987, prepared by Roderick VanTuyl, P.C. 2. The premises in question is located along the east side of Carole Road (a private road) at Arshamomaque, Southold, contains a total lot area of 5500 sq. ft. and .lot width (frontage) of 50 feet. 3. The subject premises is -improved with a single-family dwelling set back a distance of 25 feet from the easterly side of Carole Road, 45 feet from the front property line (along the westerly side of Carole Road) , 17± feet from the existing bulkhead, and sideyards at 7 'ft. and 1412 ft. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum sideyard setback at not less than 10 ft. and 15 ft. , or the established, whichever is less; total sideyards .at 25 feet, or the established; not -less than 75 feet from the bulkhead or :the established; lot coverage at 20% or the established. Southold Town Board of Appeals -97 October 8, 1987 Regular Meeting (Appl. No. 3656 - IPPOLITO decision, continued:) 5. The relief requested by this application are as follows: (a) existing conforming sideyard setback at the south side to be reduced to 3 ft. and 22 ft. (at its closest point) , and total sideyards at. 10 feet [72 + 22] ; (b) setback from the existing bulkhead at 27±. feet [which is more than the existing established setback at 17± feet] ; (c) lot coverage at 3.8% over the maximum 20% .limitation, or 208 sq. ft. 6. It is noted for that record that: (a) by prior Appl. No. 2317, a conditional variance was rendered August 4, 1977 in which applicant set-off the subject parcel in question from the property to the.nor.thwest. and north, now or formerly of H. Haas, and the. subject structure was to be used only for single-family residential use starting January..l, 1978, and the .building was to conform to the Southold Town Codes with respect to minimum floor area. (b) on October 21, 1982, a rearyard variance was granted under Appl. No. 3044 concerning "Parcel 1" [the subject parcel] for permission to construct an .addition. to existing single-family dwelling with a limitation of 20% lot coverage, and as noted therein. (c) on August 22, 1985, a conditional variance was rendered under Appl. No. 3377 in the separation of the subject 5500 sq. ft. parcel from the westerly abutting parcel, "Parcel 2," now of 17,000 sq. ft. , and requiring each parcel be limited to ,single-family dwelling use [prohibiting the reestablishment of the previously existing nonconforming motel use] . 7. It is the opinion of this Board that the preexisting circumstances of the premises and preexisting building lend to the unique difficulties created; and there is no other method feasible for appellant to pursue other than variances. 8. In passing upon this application, the Board has further determined: (a) the relief requested is not substantial in relation to the existing (as established) ; (b) the project as proposed will not be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (c) the circumstances are not personal in nature and are directly related to the property; (d) there will not be an increase in density created by the grant of this variance since the premises contains an existing single-family dwelling 1 Southold Town Board of Appeals October 8., 1987 Regular Meeting (Appl. No. 3656 �'IPPOLITO decision, continued:) and the use will not be changed; (e) the project as proposed is not out of character with the neighborhood; (f) that in view of all the above factor's, the interests of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Doyen and Grigonis, it was RESOLVED, to GRANT the relief requested under' Appeal No. 3656 in the Matter of the Application of NICHOLAS IPPOLITO in the, proposed construction of a 12' by 25' garage addition, SUBJECT TO THE FOLLOWING CONDITIONS: l.' That two eight-foot wide overhead doors be- placed on the west end and east end of the proposed garage addition, and operable at all times (in order to gain access by emergency fire vehicles from the water side) ; 2. That the northerly sideyard area remain open and unobstructed at all times at the existing .setback at 72 feet and Z feet as shown by survey_ amended August 7, 19_87, .prepared by _Roderick VanTuyl, P.C. 3. That the lot coverage not exceed 23.8% as requested, which prohibits further lot coverage by new construction without a variance. 4. That the setbacks not be further reduced to less than that applied for and that the garage addition not be converted to habitable quarters (as proposed herein) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis. (Member Sawicki was absent.) This resolution was_ duly adopted. t Southold Town Board', of Appeals -1.1 October 8 , 1987 Regular Meeting DELIBERATIONS/DECISION: Appl . No . 3644: Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART. Variance to the Zoning Ordinance , Article III , Section 100-30 A Article XI , Section 100-118 ( E) for establishment of business uses , and/or interpretation , to permit the following activities : retail sales and storage , business office , professional office , govern- mental office , contractor office , personal -service store or shop , as described for the " B-Light Business " Zoning Distr ct , Section 100-60 (A) [2] , [4] , [8] inclusively , in conjunction With existing single-family dwelling unit on second-floor having a livable floor area of 900 .sq . ft . Zone District: , "A-40 . " Location of Property : North Side of Main Road , Pecon1c., NY-- County Tax Map District 1000 , Section 75 , Block l , Lot 16. , containing_. 1 . 0194 acres . The Board deltberated and took the following action : WHEREAS , a public hearing was held and on July 16 , 1987 and continued on August 20 , 1987 , at which time the hearing was concluded , in the Matter of the Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH 'REINHART under Appl . No . 3644 ; 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 a described parcel of land containing an area of .43.,560± sq . ft. . , lot width (frontage ) of 185± ft . , lot depth of' 240± feet , and is more particularly identified on the Suffolk County Tax Maps as District 10.00 ,. Section 75 , Block 1 , Lot 16 . 2 . The subject premises fronts along the north side of . the Main Road (State Highwat) , Peconic, and is improved with three bu.ildings-, all as_. depi_cted by sketch prepared by Garrett A. Strang ,. Archi_tect ,__. and survey prepared 'by Peconic' Su.rveyo.rs and Engineers , P . C . dated November 8 , '1986 : a Southold Town Board of. Appeals - 12- October 8 , 1987 Regular Meeting (Appl . No . 3644 - WIGHTMAN/REINHART , decision , continued : ) (a ) Building "l , " or barn structure , containing a total floor area of 2400± sq . ft . and which at the inception of zoning in 1957 and and for a number of subsequent years was used for potato storage and packing , a permitted agricultural use in this zoning district ; (b ) Building "2" , a two-story brick and frame build- ing , containing a total first floor area of 1200 sq . ft . , of which 450± sq . ft. was used as office area , 464± sq . ft . for retail -sales area , and 286 sq . ft . storage area incidental to the retail and office uses . Both uses have existed as legal nonconforming uses continuously since before the inception of , zoning until. about 1977 . During 1977 , the westerly 286± sq . ft . portion of the building was converted from storage area to a car wash , and then back to accessory storage area . The second floor of this building contains a 900± sq . ft. single- family apartment , a legal conforming use in this Zone District . (c ) Building "3" , a one-story masonry building containing a total floor area of 1656± sq . - ft. located approximately 24 feet from the east side of Building "2" , is and has continuously been used as a storage garage, having received a Variance under Appeal No . 2210 on Novem- ber 4 , 1976 . 3 . For the record it is noted that a carpentry wood- working shop existed in a portion of Building "l " and which received a conditional variance under Appeal No . 3515 on July 31 , 1986 . This use was vacated during December 1986 , and the prior variance has become void its entirety , thereby reverting the use of Building "1 " to the same use which existed previously , to wit : agricultural barn . 4. It is also noted for the record that Building "1 " was partly converted from warehousing of potatoes to warehousing of antiques about 1978 and was, discontinued during about 1985 . No variances were found of record permitting the conversion from agricultural warehousing to commercial or wholesale-sales warehousing . 5 . The property is nonconforming also as to lot area (having an area of less than the current two-acre zoning requirement ) , and is located in the "A-40"' Residential and Agricultural Zoning District . The buildings were built prior to the enactment of zoning in 1957 , ,and fronts along Southold Town Board of Appeals -137 October 8 , 1987 Regular Meeting (Appl . No . 3644 - WIGHTMAN/REINHART , decision , continued : ) a ' State Highway . 6 . No record has been found of the issuance of any building permits , Certificates of Occupancy , or Site Plan approvals by the Town concerning the premises , buildi_ng conversions , and changes of uses since the inception of zoning in 1957 . 7 . Article XI , Section 100-118 , Subsection ( E ) of the Zoning Code provides that : " . . . A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in _aggregate cost fifty percent (50%) of the fair value of the building , unless the use of such building is changed to a. conforming use . . . . " Subsection (A) reads : " . . . The lawful use of a building or premises existing on the effective date of. this chapter. . . may be continued although such use does not con- form to the provisions of this chapter , and such use may be extended through the building lawfully acquired to said date . . . . " 8 . Appellants have requested a use variance to permit the expansion.. of " . . . preexisting , nonconforming business by nature of converting existing garage bays to business use and linking same via an addition to existing westerly building . . . " and/or interpretation on the term "use". verses "tenancy. " 9 . There are a total of three buildings upon the subject premises , and the buildings referred to in the preceding paragraph hereof are the two front buildings , Buildings "2" and "3" . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Doyen , it was RESOLVED , that this Board make the following deter- mination :. L i -14- (a ) that the use referred to as "garage bays" existing in Building #3 is a use in conformity with the 1976 variance , rather than a preexisting nonconforming business use . (b ) that only the first floor area of 1200± sq . ft . of Building "2" has continuously since before the enactment of zoning been maintained and used for retail and office areas , and (c ) that the Town may permit expansion of such area as regulated by Section 100-118 ( E) of the Zoning Code within stated -limitations (also see Cordes vs . Moore 1955 , 308 N . Y . 761 ) , and that such an expansion would be permitted provided it does not exceed 50% of this 1200± sq . ft. area of Building "2" . (d ) that the Town has not restricted the premises to certain tenants or owners , and accordingly has considered only the area and use of the premises and buildings . (e ) that such an expansion of the preexisting nonconforming use of Building "2" from 1200± sq . ft. to 1800± sq . ft . shall be permitted to those uses which will require higher standards with respect to yards , parking , and similar requirements [such as restaurants , etc . ] ; (f) that the existing use of the single-family 900± sq . ft . dwelling unit on the second floor of Building "2" and the use of Building "1 " for storage shall be. permitted to continue and shall not be permitted to be converted to a nonconforming commercial use . (g ) that the existing use of the garage bays for storage in Building #3 shall be permitted to continue and shall not be permitted to be converted to a nonconforming use [except that the storage use may be income-producing] . (h ) that any portion of the square footage of the buildings may be utilized for the requested retail or office use provided same does not exceed the maximum permitted 1 ,800 sq . ft . [1200 sq . ft. existing plus 50% as permitted under 100-118E of the Zoning Code] and provided further that the remaining portions of the buildings shall be :permitted for the existing "garage bays , " for - 15- commercial or accessory storage use , and any other uses permitted i'n this "A-40" Residential and Agricultural Zoning Di s t r i ct . (i ) That by the grant of this variance , this Board hereby revokes any other variance (s ) which may have been previously granted for the use of these premises . (j ) that a proposal to expand the nonconforming retail /office area in excess of that permitted by the Code should be via application to the Town Board for consideration on a_ change of zone or other legislative action since the extent of the use variances permitted on this property has been utilized to the maximum possible under our jurisdiction . ( k ) that there be no storage of vehicles , materials , or any other items in the open yard areas . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis , and Doyen . (Absent was : Member Sawicki . ) This resolution was duly adopted ., Southold Town Board of Appeals - 16- October 8 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3658 : Application of PAUL AND CORRINE FERDENZI for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory building in the frontyard area . Location of Property: 470 Haywaters Drive , Cutchogue , NY ; County Tax Map Parcel No . 1000-104-5-21 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on September 10 , 1987 in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl . No . 3658 ; 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 . By this application , appellants request a Variance from the Provisions of Article III , Section 100-32 of the Zoning Code for permission to locate 16 ' by 26 ' accessory storage building/garage structure in the frontyard area at a point not closer than 50 feet from the front property line along the west side of Haywaters Drive and not closer , than five feet from the northerly (side ) prope.rty line. 2 . The premises in question is a described parcel of land containing a lot area of 34 ,035 sq . ft. with 139. 68 ' ft . frontage along Haywaters Drive and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 104 , Block 5 , Lot 21 . _ 3. The subject premises is located in the "A" Resi - dential and Agricultural Zoning District and is improved with a single-family , two-story framed house set back 96± feet at its nearest point from the front property line and set back very closely to wet meadow areas in the rear yard (to the west ) . 4 . A waiver has been issued by the Southold Town Board of Trustees August 27 , 1987 from the requirements of a Wetland Permit of the Town of Southold as noted in its September 1 , 1987 letter. -5 . Information has been furnished by appellants to Southold Town Board of Appeals - 17- October 8 , 1987 Regular Meeting (Appl . No . 3658 - FERDENZI decision , continued : ) the Board to indicate that the area chosen for this accessory structure is not an environmental area . 6 . Article III , Section 100-32 of the Zoning Code permits accessory buildings only in the rear yard area . 7 . The rear yard area of the appellants ' property consists mainl.y of meadow grasses and wet areas , and is not a feasible location to place the requested accessory structure . The Board is in agreement with the appellants under the circumstances . 8. It is the opinion of the Board that : (a) the relief requested is not substantial; (b) the project as proposed is not out of character with the general neighbor- hood ; (c ) the circumstances of the property are unique and lend to the difficulties created herein ; (d) the circumstances are not personal in nature ; (e) 'the variance will not in turn be adverse to the safety , health , comfort , convenience or order of the town ; (f) there will not be an increase in density created by this variance ; (g ) there is no other method feasible for appellant to pursue other than a variance ; (h ) that in view of all the above factors , the. interests .of. justice will be served by granting the variance requested and as noted . below. Accordingly, on motion by Mr. Goehringer., seconded by Mr . Grigonis , it was RESOLVED , to GRANT the relief requested in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl . No . 3658 for the construction of an 16 ' by 26 ' accessory garage/storage structure , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the accessory garage/storage structure not be used for habitable quarters and must be accessory to and incidental to the residential use of the premises and not operated for gain [as proposed] ; 2 . That the accessory building be located not closer than 50 feet to the nearest point at the front property line [as proposed] ; 3. That the, accessory bu.il'ding be located at least five feet from the northerly side property line [as proposed].; Southold Town Board of Appeals -18- . October 8 , 1987 Regular Meeting (Appl . No . 3658 - FERDENZI decision , continued : ) 4 . That the garage doors face the rear of the property ( if feasible ) ; 5. No plumbing facilities to be permitted [as proposed] ; 6 . All water runoff must be retained on the site ; 7 . Any alteration in the roof design other than as applied will require re-application and re-consideration before this Board ; 8. Accessory structure not to exceed 17 feet in total height (to the top of roof line ) . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis and Doyen . (Member Sawicki was absent . ) This resolution was duly adopted . Southold Town Board of Appeals - 19- October 8 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3654 Application of WILLIAM MOORE , ESQ . and BENJAMIN HERZWEIG; 'ESQ . for a Variance to the Zoning Ordinance , Article XI , Section 100,J19 . 2__ for permission to establish "building envelope " with setbacks of .not less than 38 feet from nearest wetlands along existing two-foot contour and not less than 30 feet from the front property line' (as approved under Appl . No . 3412 , June 30 , 1987 ) . Location of_ Property : 675 Meadow Lane , Mattituck , NY ; Mattituck Estates Lot: No . :42 ; 1000,-.115=5-7 . The Board began deliberations and took the following action : WHEREAS , public hearings were held on August 20 , 1987 and September 10 , 1987 in the Matter of the Application of WILLIAM MOORE AND BENJAMIN HERZWEIG under Appl . No . 3654; 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 . By this application , appellants request a Variance from the prior decision of this Board rendered under Appl . No . 3412 on June 30 , 1987 , and from Article XI , Section 100-119. 2 for permission to establish a "building envelope " with setbacks as modified at not less than 38 feet from all easterly corners at its nearest points from wetlands (along the existing two-foot contour ) , all as shown by survey dated July 21 , 1987 prepared by Young & Young , P . E. 2 . The previous application requested specific setbacks from the easterly (rear ) portion of the proposed dwelling at 43 from the northeasterly corner and at 38 feet from the southeasterly corner. Southold Town Board of Appeals -20-. October 8 , -- 1987 Regular Meeting (Appl . No . 3654 - MOORE & HERZWEIG decision , continued : ) 3. The premises in question is known and referred to as Lot #42 , Map of "Mattituck Estates , Inc . " filed in the Office of the Suffolk County Clerk on September 8 , 1965 as File No . 4453 . 4 . The subject premises is located along the east side of Meadow Lane in the Hamlet of Mattituck , Town of Southold, with a frontage of 115 feet , is vacant land, contains an acreage of . 51 ± , and has a frontage of 95 . 94 feet along pond meadow and wetland areas . 5. Article XI , Section 100-119 . 2 , requires all buildings and structures to be set back not less than seventy-five (75 ) feet from a tidal water body , tidal wetland edge , or freshwater wetland . 6 . In this Board ' s prior decision under Appl . No . 3412 in which alternative relief was granted for insufficient setbacks from wetlands as well as insufficient setback from the front property line at 30 feet , it was determined that the project met the "practical difficulties " standards set by the Courts . 7 . It is also the determination of this Board that the requested modification is minimal and meets the "practical difficulties " standards for this amended area variance . 8 . It is noted for the record : (a ) that conditional approval was rendered by the Southold Town Board of Trustees for Wetland Permit No . 312 for the construction of a single-family dwelling, (b ) that a Final Environmental Impact Statement has been prepared and submitted to the Southold Town Trustees as Lead Agency pursuant to Part 617 , NYCRR, Article 8 of the Environmental Conservation Law , and Chapter 44 , Code of the Town of Southold ; (c ) that both well and sanitary systems were conditionally approved by the Suffolk County Department of Southold Town Board of Appeals -21 - October 8 , 1987 Regular Meeting (Appl . No . 3654 - MOORE & HERZWEIG decision , continued : ) Health Services on September 13 , 1985 under Ref. No . 85-SO-164 ; (d) that lot point[s] , with catch basins , are to be incorporated into the westerly driveway area to collect storm- water runoff; gutters and leaders to be connected to dry-wells ; no construction of sewage-disposal systems or water-supply facilities will be constructed below the 10-foot contour ; "natural buffers" are to be designed within the entire area below the 10-foot contour line; there will be a natural buffer during and after construction adjacent to the wetlands ; (e ) a September 4 , 1985 Waiver has been issued by the N . Y . S . Department of Environmental Conservation waiving a permit for the construction of a single-family dwelling land- ward of the existing 10-foot contour elevation above mean sea level (on a gradual , natural slope ) . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Sawicki , it was RESOLVED , to GRANT a Variance for the Modification of the easterly setback of the proposed "building envelope " for the construction of a single-family dwelling , with set- backs at not less than 38 feet from the nearest wetland boundary , along the present two-foot contour (as well as a setback of not less than 30 feet from the front property line at its closest point ) , as applied . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Grigonis . (Member Sawicki was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -2Z-. October 8 ; 1987 Regular Meeting DELIBERATIONS/DECISION : Appeal No . 3669 : Application of MICHAEL AND BETH LADEMANN for Variances to the Zoning Ordinance , Article III , Section 100-31 and Article XI , Section 100-119. 2 for permission to locate new dwelling with insufficient setbacks from the northerly front property line along a private right-of-way and from the nearest wetland grasses , premises known and referred to as Lot No. 1 , Map of Blum and Littell , located along the East Side of Stillwater Avenue , Cutchogue , NY ; County Tax Map Parcel No . 1000-103-1 -19. 6 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on October 8 , 1987 in the Matter of the Application of MICHAEL AND BETH LADEMANN under Appeal No . 3669; 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 known and referred to as Lot #1 on the Minor Subdivision Map of "Blum and Littell " approved by the Southold Town Planning Board under Map No . 220 with frontage along the east side of Stillwater Avenue of 120 . 79 feet and along the south side of a private right-of-way of 287 . 54 feet , and containing a total lot area of 40 ,017 sq . ft. 2 . The subject premises is located in the "A-40" Residential and Agricultural Zoning District , is vacant, and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 103 , Block 1 , Lot 19 .6 . 3. By this application , appellants request Variances to locate a new single-family dwelling structure with setbacks at not less than 20 feet from its closest point to the northerly front property line along the private right-of-way and not less than 41 feet from the nearest edge of wetland grasses , as more particularly depicted on survey prepared by Roderick VanTuyl , P . C . Southold Town Board of Appeals -23- . October 8 , 1987 Regular Meeting (Appl . No . 3669 - LADEMANN , decision , continued : ) amended lastly September 3 , 1987 . 4. Article III , Section 100-31 of the Zoning Code requires minimum frontyard setbacks at not less than 35 feet , or the average established setbacks in the immediate area within 300 feet . 5. Article XI , Section 100-119 . 2 , subparagraph (B) requires all buildings and structures located on 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 . It is the position of this Board that the location requested by this application is the most feasible and does meet the "practical difficulties" standards set by the Courts since the circumstances of (a) the : and contours and wetland areas limit the buildable portions of the property , and (b) the lot is a corner parcel as defined in Section 100-13 of the Code having dual front yards . 7 . Accordingly : (a ) the project as proposed will not in turn be adverse to the safety , health , comfort , convenience or order of the town ; (b ) the circumstances are not personal in nature ; (c ) the relief requested is the minimal necessary under the circumstances ; .(d) there is no other method feasible for appellants to pursue other than a variance ; (e ) the relief requested is substantial in relation to the require- ments , being variances of 43% of the requirement for the northerly frontyard setback , and 45% of the wetland setback requirement . 8. It is further noted for the record : (a ) that special attention must be given regarding final grading plans_ of this site since the property contains ravines , as well as dwelling elevations , via the Suffolk County Soil and Water Conservation District [see September 28 , 1987 letter for comments] ; (b) that the Southold Town Trustees have waived the requirement for a Wetland Permit on August 27 , 1987; (c ) that the N . Y . S . Department of Environmental Conservation has issued a condi - tional permit under #10-87-1148 for this project with no clearcutting or placement of fill within 20 feet of "edge of wetlands , " etc. Southold Town Board of Appeals -24- . October 8 , 1987 Regular Meeting (Appl . No . 3669 - LADEMANN , decision ,- continued : ) NOW , THEREFORE , on motion by Mr. Grigonis , seconded by Mr. Goehringer , it was RESOLVED , to GRANT the relief requested under Appeal No . 3669 for the proposed location of a new dwelling structure as described in paragraph No . 3 , supra, in the Matter of the Application of MICHAEL AND BETH LADEMANN , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There be no further reductions in either the northerly frontyard area at 20 feet , or the setback from the nearest wetlands edge at 41 feet , as requested ; 2 . The deck remain open and unroofed at all times , as proposed ; 3. Outside lighting shall be toward the ground and not adverse to neighboring properties ; 4. The wetlands areas must be protected to the maximum extent possible , including rain gutters draining into dry wells (rather than upon the site ) ; 5 . During time of construction , a temporary berm must be placed with the fill from the foundation excavation in order to aid in the prevention of storm-water runoff and in full compliance with the N . Y . S . Department of Environmental Conservation conditions (particularly Condition No . 1 thereof) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Doyen . (Member Sawicki was absent . ) This resolu- tion was duly adopted . Southold Town Board of Appeals -25- October 8 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3622 : Application of CHRISTIAN B . SALMINEN for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to construct deck addition to dwelling and accessory stairs , both with an insuffi - cient setback from edge of Marion Lake , or landward edge of freshwater wetland , whichever is closer. Location of Property : 240 Lakeview Terrace , East Marion , NY ; County Tax Map Parcel No . 1000-31 - 9-15 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on September 10 , 1987 in the Matter of the Application of CHRISTIAN B . SALMINEN. under Appl . No . 3622 ; 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 . By this application , appellant requests a Variance from the Provisions of Article XI , Section 100-119. 2 to locate a proposed one-story , open surface deck construction of a size 16 ' by 20 ' by 12 ' by 20 ' at the rear of existing dwelling and accessory stairs 30 ft . long . set back 6 . 5± ft . from the west side property line and 8 ft. from the shoreline along Marion ' Lake . 2 . The premises in question contains a total lot area of 5 ,000± sq . ft. and frontage along a private right-of-way of 40 feet , and is improved with a single-family dwelling set back 42 or more feet from the lake shoreline and 50 - feet from the front property line . 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is. more particularly iden- tified on the Suffolk County Tax Maps as District 1000 , Section 31 , Block 9 , Lot 15 . Southold Town Board of Appeals -26- October 8 , 1987 Regular Meeting (Appl . No . 3622 - SALMINEN decision , continued : ) 4 . Article XI , Section 100-119 . 2 requires all buildings and structures to be set back not less than seventy-fi.ve (75 ) feet from a tidal water body , tidal wetland edge , or freshwater wetland . 5. The Courts have held that the area setback variances must meet the "practical difficulties " standard., considering at least the following : (a ) that the relief requested is not sub- stantial in relation to the requirement ; (b) that the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature ; (d ) that the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience , or order of. the town ; (e ) that the variance requested is the minimal neces- sary ; (f) that there is no other method feasible for appellant to pursue other than a variance . 6 . It is the position of this Board as follows : (a ) that the relief requested is not substantial in relation to those established in the area ; (b) that the project as proposed is not out of character with the neighborhood; (c ) the circumstances of the property are unique and not personal in nature , particularly due to the nonconforming lot size , width , setbacks of existing building , etc . ; (d) the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience , or order of the town ; (e ) the variance requested is not unreasonable ; (f) there is no other method feasible for appellant to pursue other than a variance . 7 . In view of all the above factors , the Board finds that the interests of justice will be served by granting the variances applied for the construction of the accessory steps and open-deck construction attached to dwelling as shown on sketch received August 10 , 1987 . Accordingly , on motion by Mr. Goehringer , seconded by Southold Town 'Board of Appeals -27.- . October 8 , 1987 Regular Meeting (Appl . No . 3622 - SALMINEN decision , continued: ) Mr . Douglass , it was RESOLVED , to GRANT the Variances requested under Appl . - No . 3622 for the construction of the 30 ' long accessory stairs (to be set back 8 feet from the shorelien of Marion Lake ) and open-deck construction (12" above ground , more or less ) attached to existing dwelling with a setback at not closer than 29± feet to the shoreline (a.s proposed ) in the Matter of CHRISTIAN B . SALMINEN , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The deck construction must remain open and unroofed [as proposed herein] ; 2 . Precautionary measures must be taken by the applicant and builder when constructing as to prevent erosion problems . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . E.NVIRONM.ENTAL DECLARATIONS : On motion by Member Douglass , seconded by Chairman Goeh- ringer , 'it was RESOLVED , to declare the following Environmental Declarations pursuant to the New York State Environmental Quality Review Act ..(SEQRA) : (cont.inued on next page ) Southold Town Board of Appeals -28- Oct. 8 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3668 PROJECT NAME: Geratd' C. Keegan 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: • [XJ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval' of construction of fence*'in the easterly frontyard area at a height of six feet. LOCATION OF PROJECT: Town of .Southold, County.._.of, Suffolk, more particularly known as: Founders Path and-.Hobart Road, Southold, NY 1000-64-4-10 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-. - Southold Town Board of Appeals -29- Oct. 8 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3657 PROJECT NAME: CLYDE FRITZ 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: [Xj Type II [ ) Unlisted [ ) DESCRIPTION OF ACTION: Approval of insufficient lot area, width and depth of two propsed parcels LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: Cedar Lane; Southold; NY 1000-78-7-45. 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) The relief -requested is. not directly related to new con- struction as -regulated by Section 617'. 13 'for a .lot-line or area variance. Southold Town Board of Appeals -30- Oct. 8 , 1987 Regular Meeting (Environmental Declarations; Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3670 . ...... PROJECT NAME: ROB'ERT 'H'.' FREY --- 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: Permission to ilocate open deck construc- tion with an insufficient setback- from existing bulkhead. LOCATION OF PROJECT: Town of Southold, County.. of, Suffolk, more particularly known as: Windjammer. Dr. , Southold, NY 1000-79-04.-08 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) Separating the project in question from- the waterfront or tidal area is other consturction and/or a bulkhead in good condition. (3) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA. ` Southold Town Board of Appeals -31 - Oct. 8, 1987 Regular Meeting f r (Environmental Declarations, Continued: ) . S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3669 PROJECT NAME: MICHAEL' AND' ELI'ZABETH LADEMANN 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: [ XJ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: permissi:on to locate new dwelling with insufficient setbacks -from front property line and from the nearest wetland grasses LOCATION OF PROJECT: Town of .Southold, County._ of, Suffolk, more particularly known as: Stillwater Avenue; Cutchogue, NY 1000-103-1-19 . 6 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) Information has been submitted by applicant or. his agent indicating that the project will not involve the disturbance of wet- lands grasses or areas sub.)ect to flooding which may be considered wetlands. (3) The relief requested is .a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA Southold Town Board of Appeals -32- Oct. 8, 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3663 ... ...... ...... PROJECT NAME: MARIO, CASTELLI --- 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: [ Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Approval 'of sign as .exists of excessive size in this "A-40" Residential and Agricultural Zone LOCATION OF PROJECT: Town of .Southold, County.. of, Suffolk, more particularly known as: North Road (C.R. 4.8)_, Pecon.ic, NY 1000-69-4-1. 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 property in question is not located within 300 feet of tidal wetlands or -other critical environmental areas. Southold Town Board of Appeals -33- Oct. 8 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3664 PROJECT NAME: ANA ,G. STILLO 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: ( ] Type II [X] Unlisted [ J DESCRIPTION OF ACTION: Rescind..'prior decision for conditional 280-a and deleting Cond. #2 of Appeal #3619 , and as alternative being subject. to 280-a over the existing ROW LOCATION OF PROJECT: Town of Southold, County". of, Suffolk, more particularly knowry as: N/s Main .Road, Orient, NY _ 1000-14-2-26 & 12 . 2 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 over an existing traveled right-of-way and for requirements satisfactory for emergency access. Southold Town. Board of Appeals. -34- October 8 , 1987 Regular Meeting (Environmental Declarations , continued : ) Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Gri'gonis . (Member Sawicki was absent..) This resolution was duly adopted. Matter of JOSEPH J . LIZEWSKI (previous decision under #3350 & 3322SE) : On motion by Chairman Goehringer , seconded by Member Grigonis , it was RESOLVED , to confirm that the subject accessary building: (a) is located in excess of the setback requirement for this "B-Light" Business Zone District ; (b) shall continue to be used as an "accessory on this lot and customarily incidental to the permitted use (s ) and not involving a separate business" per Article VI , Section 100-60C (2 ) of the Zoning Code , and (c ) will meet such construction code regulations as apply (before issuance of a final Certificate of Occupancy for this building) , a variance is not requiored for further interpretation , etc . The Board also made the following findings concerning this request for clarification (received from Charles R. Cuddy , Esq . as attorney for JOSEPH J . LIZEWSKI concerning premises .identified as 1000-102-02-12 . 1 and situated along the easterly side of Depot Lane and the north side of the Main Road , Cutchogue ; 1 . The provisions of Article VI regulating this B-Light Zone do not provide for setback limitations of proposed accessory buildings ; 2. On May 2 , 1985 conditional approvals were rendered by this Board under Special Exception No . 3322 and Variance No . 3350 concern- ing this site and based upon the April 6 , 1984 Site Plan Map prepared by Garrett A. Strang , R. A. 3. Subsequently , on June 3 , 1985 , the Buiding Inspector certified this project as to meeting all zoning regulations ; and on. July 19 , 1985 , the Chairman of the Planning Board endorsed the subject, Map . It is our understanding that the project is in its final stage -under the site-plan review process . 4. The subject 30± ft. by 60± ft. accessory structure was considered in the above Board approvals in the general location as now exists . 5 . Permits have been issued concerning the new construction , as well as the re-positioning of the accessory building (provided for in Permit #15716Z issued 2/28/87 ) . 6 . The subject accessory structure is located at a distance in excess of 40 feet from the .property line along. Depot Lane and 20 feet from the. northerly property line , more or less, (although not yet placed upon a permanent base ) . -35- (Lizewski matter, continued: ) Also, it is the position of the Town in precedents that setbacks for accessary buildings in the commercial zoning districts, including the B-Light. Business Zone District, must be not less than that required for principal structures. The "B-Light" Zone District requires a minimum of_ 35 feet from all. front property lines. It must ,be understood, however, that in the event an additional principal use is. proposed by an expansion into this accessory building or otherwise on this site, further approvals will be necessary by both the Planning Board and the Building Department, as well as this Board, particularly if such (new) principal use is in addition to those uses previously applied and approved. Vote of the Board: Ayes: . All. (Member Sawicki was absent. ) This resolution was duly adopted. HEARINGS SCHEDULED FOR NEXT MEETING: On motion by Member Douglass, seconded by Chairman Goehringer, it was RESOLVED,- to schedule and authorize advertising of the following matters in the Suffolk Times, Inc. and Long Island Traveler-Watchman, Inc."Ao be held TUESDAY , NOVEMBER 10 , 1987 : Appl. No. 3674 - Mullen Motors Appl. No. 3675 - Mullen Motors Appl. No. 3663 - John H. Mulholland Appl. No. 3677 - Robert Mohr Appl. No. 3676 - Anthony Robustelli Appl. No. 3514 - George P. Schade Appl. No. 3679 - Robert and Dolores Schi.ssel Appl. No. 3564 - John Dempsey/Robin Raeburn Appl. No. 3672 - Anthony Gambino Appl. No.- 3673 - Nick Mihalios Appl. No. 3678 - Penny Lumber Appl. No. 367 - Jerry Shulman/Penny Appl. No. 368 - VanOudenallen by J. Horton.. Vote of the Board: Ayes: All. (Member Sawicki was absent. ) This resolution was duly adopted. Southold Town Board of Appeals -36- October 8, 1987 Regular Meeting Appl. No. 3564 - JOHN R. DEMPSEY. The file was declared incomplete pending direct submission from the applicant or his attorney of three prints of a survey certifying to the current owner/or contract vendee the entire acess route, legal widths, and any and all obstructions of recent date within the subject right-of-way to be considered at the next available hearing date. The expected deadline for the next hearings calendar is October 16th, although it is expected that the file should be complete by that time. TOWERS UNDER 300 FEET: AVIATION ADMINISTRATION UPDATE: Board Secretary Linda Kowalski reported that today she received a call from Mr. John Silva of the Federal Aviation Administra- tion from Burlington, MA. Mr. Silva confirmed that any tower under 300 feet in height would not interfere or require approval from the Aviation Administration at this time. In the future, inquiries may be made to the EASTERN REGIONAL OFFICE at: Federal Aviation Administration ANE-535 12 New England Executive Park Burlington, MA 01830. RECONVENED and CONCLUSION OF HEARING: Appl. No. 3651 - DEAN KAMEN. At this point in time, a motion was offered by Mr. Douglass, seconded by Mr. Goehringer, and duly carried, to CONCLUDE (close) the hearing in the Matter of DEAN KAMEN, pending deliberations by the board at a later date. This resolution was duly adopted. Southold Town Board of Appeals -37 - October 8, 1987 Regular Meeting RECENT CORRESPONDENCE/DISCUSSIONS ITEMS: 1) Discussion was held concerning Town Attorney Francis J. Yakaboski' s recommendation to allow final site plan approval by ZBA when a Special Exception approval is required, and with Planning Board' s jurisdiction concerning site plan review, consideration, report, inspections and possibly a preliminary approval, subject to final by ZBA. Mr. Yakaboski' s letter was distributed to the Board Members, and the Board members were in agreement with Mr. Yakaboski that this procedural change has many benefits and would reduce the chance of possible conflicting conditions by two separate jurisdictions on the same project. 2) The Board members received and reviewed the proposal by Sidney B. Bowne & Sons for engineering services to the Town, by contract as approved by the Town Board. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, C�inda F. Laiski, Secretary J� Southold Town Board of Appeals z 2Art, -- Approved - Gerard . Goehr nger y�.