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HomeMy WebLinkAboutZBA-09/10/1987 z Ln Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD . MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING THURSDAY SEPTEMBER 10 , 1987 r A Regular Meeting and Public Hearings of the Southold Town Board of Appeals were held on THURSDAY , SEPTEMBER 10 , 1 987 commencing at 7 : 30 o ' clock p .m: at the Southold Town .Hal1 ; Main Road , Southold , New York 11971 . Present were : Gerard P. Goehringer , Chairman ; Serge Doyen , Jr . ; Robert J . Douglass and Joseph H. Sawicki , constituting __ four of the five members of the- Board. Absent was : Charles Grigonis , Jr . Also present were : Victor Lessard , Building- Department Administrator ; Valerie Scopaz , Town Planner , Linda Kowalski , Z . B . A. Secretary , and approximately 20 persons in the audience at the beginning of the meeting. Chairman Goehringer opened the meeting at .7 : 30 p .m . The Board proceeded with the public hearings on the agenda , and the verbatim transcripts of all hearings have been prepared under separate cover and filed simultaneously with the Town Clerk ' s Office with these Minutes for reference : 7 : 37 p .m. - Public Hearing held in the Matter of DEAN KAMEN 8 :03 p .m . under Appl . No . 3651 . (a) Variance for excessive height of generating tower , and (b) Variance as to insufficient setback from ordinary highwater . mark. North Dumpling Island . Mr . Kamen and Mr . Maher (Architect ) were present and spok;.e - in behalf of the applications Questions arose',,., ;, concerning the position of, the Coast Guard and to date no written information has been received Southold Town Board of Appeals -2- September 10 , 1987 Regular Meeting ( Public Hearings , continued: ) w in behalf of the Coast Guard. Member Douglass confirmed his discussions w'ith Chief Price and ;it was agreed to recess the hearing pending further clarification and additional input expected in behalf of the Fishers Island Conservancy and possibly others (as requested) . [See verbat,im '.tr, anscript for additional informa- tion . ] On motion by Mr. Doyen , seconded by Mr . Goehringer , it was RESOLVED , to recess the public hearing . in the Matter of DEAN KAMEN until October 8 , 1987 at approximately 7 : 30 p .m . Vote of the Bo.ard : Ayes : Gbefir.i:nger , Doyen , Dougla.ss and Sawicki . (Member Grigonis was absent. ) 8 :03 p .m. - Public Hearing held in the Matter of THOMAS 8:10. p .m . AND._ FRANCES SMITH under Appeal No . 3662 . a ) Variance as to insufficient sideyard setback of garage , when attached to principal dwelling structure with raised open-deck , (b) insuffi - cient setback from existing seawall landward of wetland area for deck addition , (c) variance for approval of garage as an accessory in the sideyard area as an alternative to attaching same to dwelling . 200.. Haywaters Road , Cutchogue . Mr . and Mrs . Smith were present , and Mr. Smith spoke in behalf of his application . (No public opposition was submitted during the hearing. ) Mr. Ferdenzi spoke in favor of the application . Following testimony , motion was made by Mr. Goe.hringer , seconded by Mr., Sawicki , and duly carried , to close (conclude ) the hearing . Vote of the Board : Ayes : All . 8 : 10 p .m. - 'PAUL AND CORRINE FERDENZI . Public Hearing was 8 :15.-p .m . held. The applicants were present. (No public opposition was submitted during the hearing . ) [See verbatim transcript for detailed statements . ] Following testimony , motion was made, by Mr. Go_ehringer , seconded by Mr . Sawicki , and duly carried , to conclude (close ) the hearing . - Vote of the Board : Ayes : All . 8: 15 p .m. - Public Hearing was held in the Matter of LEHESK 8: 22 p .m . BUILDING CORP . under Appl . No . 3665 . Mr. Skryzpeck'i , President spoke in behalf of the application . No public opposition was submitted and- following testimony , the fol l owi ng',:acti.on was taken : Southold Town Board of Appeals -3- September 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appeal No . 3665 - LEHESK BUILDING CORP . Application of LEHESK 'BUILDING "CORP . for a Variance to the Zoning Ordinance , Article III , Section 100-31 ,. Bulk Schedule , for approval of construction of open deck with an insufficient rearyard setback , at 360 Sebastian ' s Cove Road , Sebastion Cove Lot No . 5 , Mattituck , NY ; County Tax Map Parcel No . 1000-100-03-11 . 8. The Board began deliberations . Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on September 10 , 1987 in the Matter of the Application of LEHESK BUILDING CORP . under Appeal No . 3665 ; 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 findigns of fact : 1 . The premises in question is located along the east side of Sebastian ' s Cove Road , at Mattituck , and contains a total area • of 1 . 02 acres . 2 . The subject premises is more partiuclarly identified on the Suffolk County Tax Maps as District 1000 , Section 100 , Block 3 , Lot 11 . 8 , and on the Sebastian ' s Cove Subdivision Map as Lot No . 5 . The subject premises is improved with a single-family , two-story frame house with attached garage constructed under Building Permit #1.5440 October 29 , 1985 and Building Permit #15440Z October 29 , 1986 . 3. By this application-, appellant requests approval of Southold Town Board of Appeals -4- September 10 , 1987 Re.gular Meeting (Appl . No . 3665 - LEHESK BUILDING CORP , decision , continued : ) the construction of an open-deck addition to dwelling with a setback of not less than 39 feet and as more particularly depicted on survey prepared July 2 , 1987 by Young & Young . The setback of the deck at the southeast corner scales out at 55 feet from the easterly (rear ) property line. 4 . Article III , Section 100-31 , Column ''A-40 " of the Bulk Schedule requires a minimum setback of 50 feet for all principal structures . 5 . The percentage of relief requested is 22% , or 11 feet , which is not substantial in relation to the requirements . 6 . It is the opinion of this Board that : (a ) appellant ' s request is not unreasonable ; (b ) the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience , or order of the town ; (c ) the relief requested is not substantial in relation to the requirements ; (d ) there is no other method feasible under the circumstances other than a variance ; (e ) there will be no detriment. to adjoining properties ; (f) in view of all the above factors , the interests of justice will be served by granting the variance , as applied .. Accordingly , on motion by Mr. Goehringer , seconded- by Mr. Sawicki , it was RESOLVED , to GRANT the relief requested under Appeal No . 3665 for open-deck construction as shown on survey, updated July 2 , 1987 , prepared by Young & Young , for LEHESK BUILDING CORP . , SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Deck addition shall remain unroofed and open (as exists and requested herein ) ; 2 . No additional rearyard setback reductions except by formal variance application and consideration therefore . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki. (Member Grigonis was absent . ) This resolution was duly adopted . t Southold Town. Board of Appeals -5- September 10 , 1987 Regular Meeting PUBLIC HEARINGS , continued: 8 : 30 p .m . - Public Hearing was held in the Matters of Appl . Nos . 8 : 52 p .m . 3593 and 3659 - QUIET MAN INN . William Moore , Esq . spoke in behalf of the applicant. Mr. Moore agreed to furnish the Board with the Affidavit mentioned about the 38 seats and diagonal parking plan .for consideration . (No public opposition was submitted during the hearing. ) [See verbatim transcript for detailed statements . ] i` Following testimony , motion was made by Mr . Goehringer , seconded by Mr. Sawicki , and duly carried , to RECESS the hearing until our OCTOBER 8.. 1987-REGULAR MEETING , pending receipt of the requested information . Vote of the Board : Ayes : All . 8 : 52 p .m . - Public Hearing was held in the Matter of GEORGE AND 9 : 27 JANE KAYTIS under Appl . No . 3628 . Patricia C. Moore , Esq . of Edson and Bruer spoke in behafl of the applicants . Mrs . Mabel Alexander , DO. - Rosenblum , Robert Hennessy , spoke against the application . Mrs . Kaytis was also present and spoke concerning her application . [See verbatim transcript for detailed statements . ] Following testimony , motion was made by Mr . Goehringer , seconded by Mr. Doug- lass , and duly carried , to conclude/close the hearing , pending deliberations .at a later date. Vote of the Board : Ayes : All . (Ms . Scopaz , Town Planner , departed at 9: 27 p . m. ) 9 :27 p . m. —Public Hearing was held in the Matter of WILLIAM 10 : 17 p .m. MOORE , ESQ. AND BENJAMIN HERZWEIG, ESQ. under Appl . No . 3654. Both applicants were present and Mr . Herzweig spoke in behalf of the application . Residents of the Mattituck Estates area spoke against the application (including Robert Costanga , John Debrowski , Chester Bowman ) . Also speaking in behalf of the application was Frederick Wood Associates , Inc . (as a consultant ) . [See verbatim transcript for detailed statements . ] Following testimony , motion was made by Mr . Goehringer , seconded by Mr. Sawicki , and duly carried , to conclude/close the hearing , pending deliberations at a later date . Vote of the Board : Ayes: All . ' r r Southold Town Board of Appeals -6 September 10 , 1987 Regular Meeting (Public Hearings , continued : ) 10 : 17 p . m. - Public Hearing reconvened in the Matter of 10 : 18 p .m. NORTH ROAD ASSOCIATES under Appl . No . 3653 . Patricia C. Moore , Esq . was present and requested ,a recess , pending review and additional comments of the Road Report prepared by Member Douglass . (No other testimony was submitted at this time . ) Motion was made by Mr. Goehringer , seconded by Mr . Sawicki , and duly carried , to RECESS the hearing of ,NORTH ROAD ASSOCIATES until our October 8 , 1987 Meeting , as requested . Vote of the Board : Ayes : All . ENVIRONMENTAL DECLARATIONS . On motion by Mr. Douglass , seconded by Mr . Goehringer , 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 44 of the Code of the Town of Southold : (a ) Appl . No. 3662 - THOMAS AND FRANCES SMITH ; (b) Appl . No . 3622 - CHRISTIAN B . SALMINEN; (c ) Appl . No . 3665 - LEHESK BUILDING CORP . ; (d) Appl . No . 3593 - QUIET MAN INN ; (e ) Appl . No. 3628 - GEORGE AND JANE KAYTIS ; (f) Appl . No. 3654 - WILLIAM MOORE AND B . HERZWEIG; (g ) Appl . No . 3658 - PAUL AND CORRINE FERDENZI ; (h) Appl . No . 3659 - QUIET MAN INN ; (:i ) Appl . No. 3651 - DEAN KAMEN. [continued on pages 7 - 15 ] Southold Town Board of Appeals -7- Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) (a ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3662 PROJECT NAME: TH'O'MA'S' 'ANTI FR'AN'C'ES' 'SM'I'TH 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: (a) Insufficient sideyard of garage (if attached) (b) . Setback from seawall for deck (c) Garage as accessory structure in sideyard as an alternative LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: 200 Haywaters Drive, Cutchogue, NY.' 1000-104-5.-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) Information has been submitted by applicant or his agent in- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which amy be considered wetlands. (3) The relief requested is a setback variance regulated by Section 617 . 13, 6 NYCRR, SEQRA Southold Town Board of Appeals -8- Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) (b) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3622 _ PROJECT NAME: CHRISTIAN' B'. 'S'ALMIN'EN 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: [X ] Type II [ ] Unlisted [ ] )DESCRIPTION OF ACTION: Construc•t' deck addition to dwelling and accessory stairs, both with an insufficient setback from edge of Marion Lake LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: 240 Lakeview Terrace, East-Marion, NY 1000-31-9-15 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 in- dicating .that the project will not involve the disturbance of wetlands grasses or areas subject 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 -9- Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) (C ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3665 ... ...... _ PROJECT NAME: 'L'E'HE'SN BU:11D1NG' CORP'.' 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: • [X] Type II [ ] Unlisted [ ) DESCRIPTION OF ACTION: Approval -of an open deck wtih insufficient rear yard LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: 360 Sebastian' s Cove Road, -Mattituck, NY 1000-100-3-11. 8 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 in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject 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. AppeaTs* -10- September 10 , 987 Regular Meeting (Environmental Declarations , continued : ) (d) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance Appeal No. 3593 Project Name: QUIET MAN INN County Tax Map No. 1000-62-3-7 Location of Project: Corner of S/s Main Road and W/s Hobart Road, Hamlet of Southold, Town of Southold. Relief Requested/Jurisdiction Before This Board in this Project: Insufficient front yard setback for proposed addition. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: {X} this Board' s area of jurisdiction concerning setback, area or lot-line variances is limited under Section 617 .13 of the S.E.Q.R.A. Regulations. This does not, however, restrict any other involved agency to this same determination (617.2jj ) . { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction being a use variance or use permit; { } this Board wishes to furnish the following concerns, recommendations or comments: { }. this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. Southold Town Board of Appeals _ 11 _ Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) (e ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3628 PROJECT NAME: GEOR'GE AND JANE' KA'YTIS 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 6h 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: . [ yj Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variances : (a) insufficient area 'of Lot #1 of 40, 000 sq. ft. (b) insufficient area of Lot #2 of 1. 44s acres, (c) insufficinet frontage of Lot #2 along Robinson Rd. , Southold LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: Robinson- Road, Southold, NY 1000-81-3-15. 4 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 -12- September 10 , 1987 Regular Meeting (Environmental Declarations , continued : ) (f) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance Appeal No. - 3654 Project Name: WILLIAM MOORE AND BENJAMIN HERZWEIG County Tax Map No. 1000- Location of Project: West Side of Meadow Lane, Hamlet of Mattituck,. Town of Southold. Relief Requested/Jurisdiction Before .This Board in this Project: Insufficient yard setbacks for a new dwelling structure. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: {X} this Board' s area of jurisdiction concerning setback, area or lot-line variances is limited under Section 617 .13 of the. S.E.Q.R.A. Regulations. This does not, however, restrict any other involved agency to this same determination (617 .2jj ) . { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction being a use variance or use permit; { } this Board .wishes to furnish the following concerns, recommendations or comments: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. Southold Town Board of Appeals - 13- Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) (9 ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3658 PROJECT NAME: 'PAU'L' AND' 'C'O'RR'INE F'ERDENZ I 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: permission to locate accessory 'building in frontyard area. LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: 470 Haywaters Drive, Cutchogue, NY' 1000-104-5-21 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 propsed is -landward of existing structures. (3) Information 'has been submitted by applicant or his agent in- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -14- Sept. 10, 1987 ,Regular Meeting (Environmental Declarations, Continued: ) (h ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL, NO. : 3659 PROJECT NAME: QUIET MAN 'INN --- 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 oh 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 [XI Unlisted [ ] DESCRIPTION OF ACTION: Approval .of insufficient number of park- ing spaces of. this preexisting business use (with proposed addition and without increase in legal occu anc LOCATION OF PROJECT: Town ofp SouytLld; County of, Suffolk, more particularly known as: Corner of Main Road- and Hobart Avenue, Southold, NY 1000-62-3-7 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; (2) Information has been submitted by applicant or his agent in- eating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. (3) The relief requested is not directly related to new con- struction. Southold Town Board of .Appeals -15_ Sept. 10, 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3651 _ PROJECT NAME: DEAN KAMEN 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: Variances: (a) as to excessive height of proposed wind-turbine -generating tower, (b) as to insufficient setback• from ordinary highwater mark LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: North Dumpling Island, NY - 1000-130-1-4 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 10 ft. elevation contour; no disturbance of land seaward of, the 10 ft. .contour will occur. (3) Information has been -submitted by- applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands Vote of the Board : Ayes : - Messrs . Goehringer , Doyen , Douglass and : Sawicki . (Member Grigonis was absent. ) This resolution was duly adopted . Southold Town Board of Appeals -16- September 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3661 - ERNEST TARMIN . Application of ERNEST TARMIN for a Variance to the Zoning Ordinance Article XI , Section 100-119. 2 for permission to construct accessory stairs and platform along bluff along the Long Island Sound. Location of Property : Right-of-way off the north side of Main Road , Orient , NY ; County Tax Map Parcel ID No . 1000-14-2-1 . 1 . The Board began deliberations . Following deliberations , the. Board took the following action : WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of ERNEST TARMIN under. Appea'l No . 3661 ; 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 along the north side of a private right-of-way which extends off the north side of the " Main Road at Orient , New York , and is identified on the Suffolk County Tax Maps as District 1000 , Section 14 , Block 2 , Lot 1 . 10 . 2 . The subject premises contains a total area of 5 . 755 acres and is improved with one single-family dwelling and acces- sory building . The dwelling is shown on site plan prepared August .23 , 1984 by Keller-Sandgren Associates , A. I .A. to be set back 116± feet from the top of the bluff area at the 36 . 2 ft. elevation contour line . The subject premises is .located in the "A-80 " Residential and Agricultural Zoning District . 3. By this application , appellant requests permission to locate a proposed stairway -extending from from an 8 ' by 8 ' square Southold Town Board of Appeals -.17 September 10 , 1987 Regular Meeting (Appl . No . 3661 - ERNEST TARMIN , decision , continued : ) deck/platform at the top of bluff seaward a length of 48 feet , having a setback of not less than 37 feet to the ordinary high water mark of the Long Island Sound . 4. Article XI , Section 100-119 . 2 , subparagraph A[1 ] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less. than one-hundred (100 ) feet from the top of the bluff, or 36 . 2 elevation contour line in this project . 5 . It is noted for the record that this property was the subject of a prior' variance under Appl . No . 3624 which conditionally granted a gazebo structure and denying the proposed stairs construction due to lack of construction information . 6 . For the record , it is noted that there are similar structures located in the immediate area along the Sound bluff. 7. It is the position of this Board that there is no alternative feasible for appellant to pursue other than a variance to gain safe access to the areas below the bluff. 8. It is also the position of this Board that the owner should investigate the feasibility of constructing a "self- sustaining " stairway , suspended on cables , rather than in-ground post construction as a first alternative . 9. For the record , it is also noted that the. following permits have been furnished for the record : (a ) Town Trustees Wetland Permit #391 with an expiration date of March 26 , 1988 , (b ) N . Y . S . D . E . C . Permit #10-87.-0058 with an expiration date of May 31 , 1989 . 10 . In considering this appeal , the Board also finds and determines : (a ) the relief requested is substantial in relation to the requirements ; (b ) the placement of the stairs for access to the beach areas is not unreasonable and will not be detri - mental to adjoining properties or change the character of the district since same is proposed to be constructed in Southold Town. Board of Appeals 18- September 10 , 1987 Regular .Meeting (Appl . No . 3661 - TARMIN decision , continued : ) a safe fashion and in such a way to prevent increased erosion ; (c ) the circumstances of the properties are unique ; (d ) the practical difficulties are self- imposed ; (e ) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance ; (f) the interests of justice will be served by granting a conditional approval , as noted below. Accordingly , on motion by Mr. Goehringer , seconded by Mr . Douglass , it was RESOLVED , to GRANT a Variance under the Provisions of Article XI , Section 100-119. 2 for the construction of stairs and landing as requested in the Application of ERNEST TARMIN under Appeal No. 3661 , SUBJECT TO THE FOLLOW- ING CONDITIONS : 1 . The stairs be built in a manner as not to cause additional erosion , and if possible preventing further erosion ; 2 . If feasible , the stairs be self- sustaining and suspended on cables rather than in-ground post construction . If self-sustaining stairs are not feasible , 4 by 4 upright post construction with proper ground cover and foliage to minimize erosion [See Soil and Water Conservation District and N . Y . S . Department of Environmental Conservation recommenda- tions and conditions . ] 3. Stairs and landing not be connected to any other structures (such as a gazebo , fencing, dwelling , etc . ) as applied . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis was absent . ) This resolution was duly adopted . J Southold Town Board of Appeals -19'September 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : 3655•: ELLEN HOPE DeMARIA: Application of ELLEN HOPE DeMARIA. Variance from Condition No . 1 rendered July 8 , 196-5 under Appeal No . 785 , and Article III , Section 100-32 for approval of the construction of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl , P. C . April 9 , 1984 . Location of Property : West Side of Private Road (West View Drive ) , Orient , NY ; County Tax Map Parcel No . 1000-13- 3-3 . The Board began deliberations . Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of ELLEN HOPE DeMARIA under Appeal No . 3655 ; 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 III , Section 100-32 , and Article XIV , Section 100-141 (C ) for approval of the construction of an accessory. storage shed of a size 20 ' by 12 ' and as more parti - cularly shown on survey prepared by Roderick VanTuyl , P . C . dated April 9 , 1984. 2 . The premises in question is a described parcel of land containing a total area of one acre with frontage of 155 . 52 feet along the west side of "Private Road" located off the westerly end of South View Drive , Orient. 3 . The subject premises is improved with one single-family dwelling house with a setback of 94± feet from the front property Southold Town Board of Appeals -20- September 10 , 1987 Regular Meeting line (along Private Road ) and the subject accessory storage shed , all as shown by the April 9 , 1984 VanTuyl survey. 4. The subject premises is located in the "A-40" Residential and Agricultural Zoning District . 5 . For the record it is noted that under Appeal No. 785 rendered July 8 , 1965 , a conditional variance was rendered for the placement of the subject accessory building in the frontyard area as applied therein with a setback of 30 feet from the front property line . 6 . Certificate of Occupancy #Z4778 was issued August 30 , 1972 for a "private one-family dwelling" without reference to the subject accessory building . 7 . By building-permit application of recent date , it was noted that the accessory building was located was a setback of less than that required by the 1965 variance , requiring this additional variance application . 8. The accessory building as exists is used and will continue to be used for residential storage purposes incidental to the existing residence and not to be operated for gain , and shall not exceed the present height of 11 feet (which exists at the present time) . 9. It is the opinion of this Board that : (a ) appellant ' s request is not unreasonable and the circumstances of the past history in this matter lends to the difficulties ; (b ) the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience , or order of the town ; (c ) the relief requested is not substantial in relation to the requirements ; (d ) there is no other method feasible for appellant to pursue other than a variance ; (e ) there will be no detriment to adjoining properties ; Southold Town , Board of Appeals -21— September 10 , 1987 Regular Meeting (Appeal No . 3655 - DeMaria , decision , continued : ) (f) in view of all the above factors , the interests of justice will be served by granting the variance as applied . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to GRANT the relief requested under Appeal No . 3655 in the Matter of the Application of ELLEN HOPE DeMARIA for the placement of an accessory storage building with a setback of 20± feet from the front property line , as exists and more particularly shown on survey prepared by Roderick VanTuyl , P . C. dated April 9 , 1984 , and SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No expansion or increase in height without prior Z . B .A. approvals ; 2 . Accessory building shall be for storage use incidental to the existing dwelling only ; 3. Accessory building shall contain no habitable facilities ; 4. Accessory building isapproved with a setback as applied with limitations on the setbacks and size. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . This resolution was duly adopted . DELIBERATIONS/DECISION : Appeal No . 3646 : Application of ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct additions to dwelling with an insufficient rea.ryard setback and insufficient frontyard setback . Location of Property : Corner of Gillette Drive and Cleaves Point Road , East Marion , NY ; County Tax Map Parcel No . 1000.-38-2-29. The Board begah:.delibe.rations . - Following deliberations , the Board took the following action : Southold Town Board of Appeals -22- September 10 , 1987 Regular Meeting (Appeal No . 3646 - MUIR decision , continued : ) WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application . of ROBERT AND NANCY MUIR - under Appeal No . 3646 ; 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 findigns of fact : 1 . The premises in question is a corner parcel located at the northerly side of Cleaves Point Road and westerly side of Gillette Drive , Marion Manor Lot #6 , at East Marion , con- taining a total lot area of approximately 10 ,500 sq . ft . 2 . The subject premises is improved with an existing single-family , one-story dwelling with deck area , with setbacks of 35 feet from both front property lines , 40± feet from the westerly (rear) property line , and 18 feet from the northerly (side ) property line. 3. By this application , appellant requests permission to construct additions to expand the liveable floor area and deck as more particularly shown on sketched plot plan under con- sideration , with setbacks at 17 feet for the proposed deck and 20 feet for the proposed addition from the westerly property line . The setback from the front property line along Cleaves Point Road would be reduced from 35 feet to 32 feet. 4 . It is the opinion of this Board that the circumstances of this property due to its nonconforming size , dual front yards , limited, building area , lend to the difficulties . 5. It is also the opinion of this Board that : (a ) appellants ' request is not unreasonable under Southold Town Board of Appeals-23- September 10 , 1987 Regular Meeting (Appeal No . 3646 - MUIR decision , continued : ) the circumstances ; (b ) precedents have been set in the immediate area for similar construction and setbacks ; (c ) the variance will not in turn be adverse to the . safety , health , welfare , comfort , convenience , or order of the town ; (d ) the relief requested is not substantial in relation to the requirements ; (e ) there is no other method feasible for appellant to pursue other than a variance ; (f) there will be no detriment to adjoining properties ; (g ) in view of all the above factors , the interests of justice will be. served by granting the variances , as applied as noted below. Accordingly , on motion by Mr . Douglass-, seconded by Mr. Goehringer , it was RESOLVED , to GRANT the relief requested under Appeal No . 3646 in the Matter of the Application of MR . AND MRS . ROBERT MUIR for the construction of additions to dwelling with insufficient setbacks at 17 feet for the deck area and at 20 feet for the dwelling addition (liveable floor area) from the westerly (rear ) property lines as shown on sketched plot plan submitted with this application , AND SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the deck area remain open and unroofed (as proposed ) ; 2 . That the setbacks not be further reduced without prior approval by this Board . .Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki : (Member Grigonis was absent . ) This resolution was duly adopted . Southold Town Board of Appeals-24— September 10 , 1987 Regular Meeting DELIBERATIONS/DECISION: Appl . No . 3643 : Application of EUGENE PERINO for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lake. Location of Property: West Side of private right-of-way known as "Truman ' s Path , " East Marion , NY; County Tax Map Parcel No . 1000731 -12=16 . Th.e Board members began deliberations . Following deliberations , the ' Board took the following action : WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of MR . AND MRS . EUGENE PERINO under Appl . No . 3643 ; 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 contain.in a total lot area of approximately 20 ,300 sq . ft. , frontage lot width) of 75 . 36 feet , and is presently vacant. 2 . The subject premises has a frontage along Marion Lake. of 75 . 36 feet , the shoreline of which is set back at varied distances of 23 feet on the southwesterly corner and up to 43 feet on the southeasterly corner. 3. By this application , appellants request permission to locate a proposed new dwelling with a setback of 63 ' 10 " from the nearest wetland grass and with the proposed deck addition to dwelling a setback of not less than 55 feet from the nearest wetland grass , as shown by the sketch submitted under this application . 4. Article XI , Section 100-119. 2 , requires all buildings Southold Town Board of Appeals-25- September 10 , 198T. Regular Meeting (Appl . No . 3643 - PERINO decision , continued : ) and structures to be set back not less than seventy-five (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 n-ot substantial in relation to the requirement ; (b ) that the project as proposed is not out of character with the neigh- borhood; (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 necessary; (f) that there is no other method feasible for appellants 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 the requirements , being a variance of approximately 26% of ' the reuqired 75-ft. setback requirement ; (b ) the project as proposed is not out of the character of the neighborhood since the improvements on parcels in the immediate area similarly exist; (c ) the circumstances of the property are unique , due to the nonconforming size , width , and general .nature of the site ; (d ) the relief if granted will not in turn be adverse to the safety , health , welfare ,. comfort , convenience or order of the town ; (e ) the relief requested is not the minimal necessary since there is ample land available to meet all yard setback requirements ; (f) there is another method feasible for appellant to pursue [without a variance] ; (g ) the relief requested is not unreasonable. Southold Town Board of Appeals —26— September 10 , 1987 Regular Meeting (Appl . No . 3643 - PERINO decision , continued : ) 7 . It is noted for the record that Building Permit #16131Z was issued June 24 , 1987 for the placement of a new dwelling at or more than 75 feet from the nearest wetlands ; however , to date , no construction has taken place . 8 . It should be understood that applicants are aware of the restrictions of this variance as conditioned below and agrees by acceptance of this conditional variance to no further reductions to less than the requested 55 feet from nearest wetland grasses in the future . 9. It is further noted for the record that (a) a Wetlands Permit is pending at this time before the Southold Town Trustees in accordance with the requirements of Chapter 97 of the Town Code , and (b ) Permit No . 10-87-0054 was issued May 7 , 1987 by the N . Y . S . Department of Environmental Conservation , with conditions , as noted therein . Accordingly , on motion by Mr. Douglass , seconded by Mr. Doyen , it was RESOLVED , to GRANT relief. under the Provisions of Article XI , Section 100-119. 2 in the Matter of the Applica- tion of MR. AND MRS . EUGENE PERINO under Appl . No . 3643 for permission to locate new dwelling with deck addition at a setback of not less than 55 feet from nearest wetland grass (or shoreline , whichever is closer) , AS APPLIED AND SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There be no disturbance of land within 50 feet of the lake ' s shoreline ; 2 . There be no further setback reductions for structures to less than 55 feet from nearest wetland grasses , or lake ' s shoreline , whichever is closer; 3. The proposed deck addition remain open , unroofed and never be enclosed ; 4. The deck addition be placed not closer than .55 feet to the nearest wetland grasses , or lake shoreline , whichever is closer , with the exception of entrance/exit steps . 5 . The foundation of the proposed dwelling and dwelling Southold Town Board .of Appeals-27- September 10 , 1987 Regular Meeting (Appl . No . 3643 - PERINO decision , continued : ) structure be located not closer than 64 feet from. the nearest wetland grass , or lake ' s shoreline , whichever is closer ; 6 . Executed covenants and restrictions as to Conditions No . 1 and No . 2 , supra , shall be filed with the Suffolk County Clerk ' s Office , copies of which shall be furnished to the Southold Town Board of Appeals for permanent recordkeeping . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis was absent . ) 'This resolution was duly adopted . DELIBERATIONS/DECISION : Appl . No . 3648 : Application of FERUCIO FRANKOLA for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to con- struct swimmingpool , deck and fence enclosure within 75 feet of wetland area along West Creek . Location of Property : 1900 Glenn Road , Southold , NY ; West Creek Estates Lot No . 19; County Tax Map Parcel No . 1000-78-03-36 . The Board members began deliberations . Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of FERUCIO FRANKOLA under App.l . No . 3,648 ; 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 shown on the 1963 Subdivision Map of West Creek Estates as Lot No . 19 , containing a total area Southold Town Board of Appeals 28- September 10 , 1987 Regular Meeting y (Appl . No . 3648=FRANKOLA decision , continued : ) of 27 ,000± sq . ft. with frontage of 100 feet along the south side of Glenn Road and along West Creek . 2 . The subject premises is improved with a single-family dwelling built under Permit #3507Z during 1968 , and is located in the "A" Residential and Agricultural Zoning District . 3. By -this application , appellant requests permission to locate an inground swimmingpool , with decks and fence enclosure , as more particularly shown on sketched survey submitted with this appli.cation . The actual pool construction is proposed at 60 feet from the bulkhead at the west side and 75 feet from the ordinary high-water mark along West Creek. The fence enclosure is shown to be not less than 69 feet from the ordinary high-water mark along West Creek and 55 feet from the west property line . 4 . 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 . 5. The Courts have held that the area setback variance must meet the "practical difficulties" standard , considering as follows : (a ) the relief requested is not substantial in relation to the requirement ; (b ) the project as proposed is not out of character with the neighborhood; (c ) the circum- stances of the property are unique and are not personal in nature ; (d) the variance will not in turn be adverse to the safety, health , comfort , convenience, or order of the town ; (e ) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance . 6 . It is the opinion of this Board that : (a ) the relief requested is the minimal necessary under the circumstances ; (b ) 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 , particularly due to the nonconforming size , lot width, limited buildable area , etc . ; (d ) the variance will not in turn be adverse to the safety , health , comfort , convenience , or order of the town ; (e ) the variance is not unreasonable and the project will comply with Southold Town Board of Appeals -29- September 10 , 1987 Regular Meeting (Appl . No . 3648 - FRANKOLA decision , continued : ) all other zoning setback restrictions of the Code as proposed ; (f) the percentage of relief requested is not substantial in relation to the requirement ; (g ) that in view of all the above , the interests of justice will be served by granting the variance,, as applied and further noted below . 7 . It is noted for the record that : (a ) at a Regular Meeting. held June 25 , 1987 , the Southold Town Board of Trustees granted a waiver from the requirement for a Wetland Permit as noted therein , and (b) the applicant has indicated that he has an application for a wetland permit pending at this time before the N . Y . S . Department of Environmental Conservation concerning this project . NOW , THEREFORE , on motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED , to GRANT a Variance from the Provisions of Article XI , Section 100-119. 2 for permission to locate swimming- pool fence enclosure (inclusive of decks and pool ) with a setback at its closest point from the ordinary highwater mark along West Creek at not less than 69 feet , and from the inner edge of timber bulkhead at the west side at not less than 55 feet , AS APPLIED , AND SUBJECT TO THE FOLLOWING CONDITION : 1 . That the pool remain open and unroofed [except by subsequent application and consideration therefore] . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis was absent . ) This resolution was duly adopted . DELIBERATIONS./DECISION : Appl . No. 3662 : Application of THOMAS AND FRANCES SMITH for Variances to the Zoning Ordinance , Articles : a III , Section 100-31 , Bulk Schedule , as to an insufficient sideyard setback of garage , when attached to principal dwelling structure with raised open-deck construction , . (b) XI , Section 100-.119 . 2 for an insufficient setback from existing seawall landward of wetland area for proposed deck addition., (c ) III , Section 100-32 , for approval of garage as an accessory structure in sideyard area as an alternative to attaching same to dwelling structure . Location of Property : 200 Haywaters Drive , Cutchogue , NY ; County Tax Map Parcel No . 1000-104-5-19. The Board began deliberations . Southold Town Board of Appeals —30— September 10 , 1987 Regular Meeting (Appl . No . 3662 - THOMAS AND FRANCES SMITH decision , continue'd : ) Following deliberations , the Board took the following action: WHEREAS , a public hearing was held and concluded on September 10 , 1987 in the Matter of the Application of THOMAS AND FRANCES SMITH under Appl . No . 3662 ; 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 located along the west side of Haywaters Drive , Cutchogue , con- taining a total lot area of 18 , 500± sq . ft. and lot width (frontage ) of 83 . 81 feet . 2 . The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with the follow- ing structures : (a) single-family dwelling with a frontyard setback at its closest point at 49 feet , westerly sideyard setback at nine feet , and westerly setback at 18± feet at the northeast corner; (b ) accessory 18' by 22 ' garage shown to be located partly in the sideyard and rearyard areas with a setback at its closest point at 6 ' 9" and at its farthest point 13 feet , all as shown on survey dated August 3 , 1987 prepared. by Roderick VanTuyl , P . C . 3 . By this application , appellants request either of the following : (a) construction of an_ open deck addition at the rear of the existing dwelling with .a setback at not closer than 6.4 feet to the existing seawall , and attachment of the proposed deck construction to the existing garage which would create an insufficient sideyard setback and total sideyards as a "principal " structure ; or (b) construction of an open deck addition at the rear of the existing dwelling with..a setback at not closer than 64 feet to the .existing seawall , without an attachment to the existing accessory garage , which would place accessory garage totally in the sideyard area . Southold Town..,-Board of Appeals -31- September 10 , 1987 Regular Meeting (Appl . No . 3662 =SMITH decision , 'continued: ) 4 . 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 t_o 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 (75 ) feet from the landward edge of the tidal wetland , whichever is the greater distance. 5 . Article III , Section 100-31 of the Zoning Code requires minimum sideyard setbacks at not less than 15 feet and 10 feet for a principal structure , and.. Section 100-32 requires accessory structures to be located only in the rear- t\ yard area . s 6 . It is the position, of this Board that the accessory structure remain accessory as applied under (b) in paragraph (3) , supra , rather than reducing the sideyard of the principal structure with additions to a sideyard setback at six feet. 7 . The Courts have held that the area setback variance must meet the "practical difficulties" standard , considering as follows : (a ) the relief requested' is not substantial in relation to the requirements ; (b) the project as proposed is not out of character with the neighborhood; (c ) the circum- stances of the property are unique and are not personal in nature ; (d) the variance will not in turn be adverse .to the safety , health , comfort , convenience or order of the town ; (e ) the variance requested is the minimal necessary ; (f) there is no other method feasible for appellant to pursue other than a variance . 8 . It is the opinion of this Board that : (a ) the relief requested is not substantial in relation to the requirements , being a variance of 15% as to the setback from wetlands ; (b) the project as proposed is not out of the 'character with the neighborhood ; (d ) the circumstances of the property are unique and not personal in nature , particularly due to the nonconforming lot size , lot width , limited buildable area , etc . ; (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 Southold Town Board of Appeals -32- September 10 , 1987 Regular Meeting (Appl . No . 3662 - SMITH decision , continued : ) of all the above factors , the interests of justice will be served by granting the variance requested for the open deck construction without attachment to existing accessory , building , as further noted below. 9. It is noted for the record that an application has been filed with the Southold Town Board of Trustees concern- ing a waiver , which is scheduled for September 24 , 1987 . 10 . It is further ntoed for the record that a Building Permit under No. 13042Z was issued April 16 , 1984 , and Building Permit under No . 16032Z was issued May 5 , 1987 for the construction of the existing 26± ft. by 36± ft. addition at the rear of dwelling (which is shown to be setback at 75 feet or more from nearest wetland grasses and seawall structure ) . NOW, THEREFORE , on motion by Mr. Goehringer , seconded by Mr . Douglass , it was RESOLVED , to GRANT a Variance from the Provision of Article. XI , Section 100-1.19 . 2 for - permission to locate attached open-deck construction at rear of dwelling with a setback of 64 feet or more from the existing seawall structure , or wetland grass , whichever is closer , as applied in the Matter of the Application of THOMAS J . and FRANCES SMITH under Appl . No . 3662 ; SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the deck addition to dwelling remain open (unenclosed ) , as appl.ied ; 2 . That the northerly sideyard area remain open and unobstructed at all times at full widths of 9 feet at the northeasterly portion of the dwelling and 112 feet at the northwesterly portion of the dwelling addition and deck construction , as applied and shown by survey dated August 3 , 1987 ; 3. That the setbacks as exist on the northerly and southerly sideyard areas not be reduced in the future ; 4. That the existing garage not be increased in size and remain as .an accessory structure , not to be attached to the deck or dwelling , as applied . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis was ' absent . ) This resolution was duly adopted . Southold Town Board of Appeals -33- September 10 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3660-SE: Application of PUDGE CORPORATION for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B) for permission to construct "one-story mini -storage" .buildings in this "C-Li,ght Indus- trial " Zoning District at a maximum total height of 15 feet , at variance from Condition No . 8 of the Board ' s June, 30 , 1987 deter- , mination , rendered under Appl . No . 3625 , and with minimum setbacks (as scaled ) on corrected Map dated August 5 , 1987 , prepared by - John A. Grammas and Associates . Location : E/s Horton Lane , Southold , NY ; County Tax Map Parcel No . 1000-63-01 - 10 . The Board began deliberations . Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of PUDGE CORPORATION under Appl . No . 3660 ;- 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 "C-Light Industrial " Zoning District having a frontage of 351 -. 93 feet along the east side of Horton Lane , Southold , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 63 , Block 1 , Lot 10 , containing a total area of 6 . 89 acres (300 , 128 sq . ft. ) . 2 . The subject 6 . 89-acre parcel is being improved with two buildings as approved under Building Permit #14932Z on June 3 , 1986 , and Special Exception No . 3447 rendered May 1 , 1986 . 3. By this application , applicant requests a modification Southold Town Board of Appeals-34—September 10 , 1987 Regular Meeting (Appl . No . 3660-SE - PUDGE CORP . decision , continued : ) to Special Exception No . 3625 rendered June 30 , 1987 as permitted under the Provisions of Article VIII , Section 100-80 (B') for the construction of six one-story buildings for "mini " storage as shown by Site Plan (Corrected August 5 , 1987 ) and Floor Plan Drawing No . Al dated June 18 , 1987 , prepared by John A. Grammas & Associates , described as follows : (a ) Building A [at the most southerly section] of a size not to exceed 50 ' by 300 ' with setbacks shown on the Site Plan to be 55 feet from the westerly property line , 50 feet from the southerly property line , 50 feet from the easterly property line ; (b) Building B [at the easterly section] of a size not to exceed 50 ' by 432 ' with setbacks shown on the Site Plan to be 49 feet [not to scale] from the northerly property line and 50 feet from the easterly property line ; (c ) Building C of a size not to exceed 50 ' by 220 ' with setbacks shown to be not less than 50 feet [not to scale] from the closest westerly property line and 160± feet from the southerly property line along the Long Island Railroad ; (d ) Building D of a size not to exceed 50 ' by 140 ' with setbacks shown to be 280± feet from the southerly property line along the Long Island Railroad , 248± feet from the westerly property line along Horton Lane , 157± feet from the easterly property line , 272± feet from the northerly property line [not drawn exactly to scale] ; (e ) Building E [northerly center building] of a size not to exceed 50 ' by 120 ' shown to be ,setback a minimum of 75± feet , when measured to the given scale , from the northerly property line , 253± feet from the westerly property line along Horton Lane , 154± feet from the easterly property line. 4 . For the record it is noted that the premises abutting the subject premises on the : (a ) north is zoned "A" Residential and Agricultural ; (b ) east is zoned "C-Light Industrial , " (c ) south/southwest is residentally used although' in the "C-Light Industrial " Zoning District . 5 . In this proposal , the applicant has requested relief from Condition No . 8 of this Board ' s June 30 , 1987 determination rendered under Appl . No . 3625 to permit the total height of the Southold Town Board of Appeals -35 September 10 , 1987 Regular Meeting (Appl . No . 3660-SE - PUDGE CORP . decision , continued : ) proposed buildings to be varied from 12 feet to a maximum of 15 feet , as more particularly shown on the June 18 , 1987 Floor Plan prepared by John A. Grammas and Associates (#5571 , Dwg . No. Al ) . _ 6 . It is the understanding that there are no other changes and that the following proposals again are considered in making this determination : (a ) ground lighting ; (b ) no parking of trailers , trucks , etc . ; (c ) no storage of chemicals , gasoline , flammable oils , fuels , etc . ; (d ) no occupancy by persons of buildings Monday through Saturday , before 8 :00 a .m . and .not after 5 :00 p .m. , and in no event on Sundays ; (e ) no electricity , no workshop areas , no toilet facilities , no repairs or related work activity to be conducted ; (f) maximum floor area of 30 ' by 50 ' (1500 sq . ft. ) to be permitted for each rental unit; (g ) no side walks or side drives around the perimeter of the premises ; (h ) six-foot 'high chainlink fence . encompassin-g perimeter of all six buildings ; (i ) all elements shall be as regulated by Articles XI and XIII of the Zoning Code . 7 . In making this determination , it shall be understood that this project shall not be in direct violation of any building or zoning code regulations ; and in the event a question arises as to any possible conflicts with or imposition of a different requirement from this Special Exception-, the provi - sion or requirement which is more restrictive or which estab- lishes the higher standard shall govern . 8 . In considering this application , the Board also finds and determines :, (a ) that the use requested will not prevent Southold Town Board of Appeals -36-September 10 , 1987 Regular Meeting (Appl . No . 3660-SE - PUDGE CORP , decision , continued : ) the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (b ) the use will not adversely affect the safety , welfare , comfort , convenience , or order of the town ; (c ) the use is in harmony with and promotes the general purposes and intent of zoning. The Board has also considered subsections [a] through [1 ] of Article XII , Section 100- 121 (C) [2] of the Zoning Code in making this determination . Accordingly , on motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , to GRANT a Special Exception with modification of Condition No . 8 from a maximum height of 12 feet to 15 feet (one-story) as applied and proposed , TOGETHER WITH THE FOLLOWING CONDITIONS [reiterated from the prior June 30 , 987 decision of this Board under Appl . No . 3625] : 1 . Proposed six-foot high chainlink fencing to be. slatted and placed near or along all property lines which abut resi - dentially-used properties , as well as the fencing proposed between the existing buildings , and Buildings E and D. [The areas which do not require slatting will be along the east and southerly property lines . ] 2 . Hours of operation shall be limited as requested from 8 :00 a .m . through 5 :00 p,.m . Monday through Saturday ; 3 . No storage of toxi-c chemicals , fuels , oils , or other flammable materials ; 4. No storage of vehicles , trucks or major equipment , boats , etc . ; 5 . No trailers or tractor trailers ; 6 . No storage of fuel tanks ; no outside storage of any materials ; 7 . All lighting must be shielded to the property (mushroom- type ) and shall not be adverse to neighboring properties ; 8 . Maximum height shall be .at 15, feet (one-story ) as applied herein ; 9. Minimum setbacks : (a ) at not less than 50 feet from Southold Town Board of Appeals-37September 10, 1.987 Regular Meeting (Appl. No. 3600-SE - PUDGE CORP. decision, continued: ) buildings C and A to the closest westerly property line; and (b) not less than that proposed in all other yard areas as shown on the corrected Site Plan of August 5, 1987 of John A. Grammas. Inasmuch as there appears to be some discrepancies. between. the given setback and the scaled setback figures, the setbacks shall be not less than the figures when measured "to scale."} 10. Any change of use or additional activities not applied for hereunder must be considered by separate application before such occupancy or activity shall be conducted; 11. No elimination of fencing or plantings. {Also note paragraph 7, page 3, supra, if additional screening is required by the Town Planning Board.} Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was duly adopted. SET-UPS FOR NEXT HEARINGS CALENDAR: On motion by Member Douglass, seconded by Chairman Goehringer, it was RESOLVED, to set the following matters for public hearings to be held at the Southold Town Hall., Southold, NY commencing at 7 :30 p..m. during the October 8, 1987 Regular Meeting calendar, subject to receiving information needed to complete the file prior to the advertising deadline of September 21st: Appl. No. 3651 - Dean Kamen Appl. No. 3592 - Bente Snellenburg Appl. No. 3668 - Gerard C. Keegan Appl. No. 3657 - Clyde Fritz Appl. No. 3663 - Mario Castelli Appl. No. 3653 - North Road Associates Appl. No. 3593 and 3659 - Quiet Mann Inn Appl. No. 3664 - Ana G. Stillo Appl. No. 3670 - Robert H. Frey Appl. No. 3669 - Michael and Elizabeth Lademann Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was duly adopted. Southold Town Board of Appeals-38-September la, 1987 Regular Meeting OTHER UPDATES/REVIEWS: A. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances for location of proposed dwelling with insufficient setbacks from bluff and for approval under Town Law, Section 280-a. Right-of-way extends over lands now or formerly of Bokina extending from the north side of Oregon Road, Cutchogue. Await accurate survey showing structure(s) and any other obstructions within perimeter of right-of-way boundaries, flagging of right-of-way boundaries or proposed routes, proof of rights to use rights-of-way, and copy of written authorization from current owner of this parcel to proceed with the requested Z.B.A. actions (or copy of Contract of Sale between the parties) . B. Appl. No. 3666 - TRATARAS AND APODIAKOS.. Area variances at 217 Main Road, Greenport. Await Planning Board coordination and copy of Pre C.O. or C.O. of record (prior to advertising) . C. Appl. No. 3636 and 3633 - TARTAN DIL CORP. Await Planning Board input before advertising. D. The Board Members received copies of the pending list of applications which are active but which are temporarily incomplete pending submission by applicants of additional information prior to advertising for hearings. RECOMMENDATION FOR "CLERK OF THE BOARD" : The Board Members discussed the possibility of designating Board Assistant Linda Kowalski with a supplemental title, "Clerk of the Board" which is common in other townships. The August 13, 1987 letter from Alan Schneider, Personnel Office of the Suffolk County Executive's Office, Department of Civil Service, approving the same was distributed. On motion by Mr. Douglass, seconded by Mr. Doyen, it, was RESOLVED, to urge and recommend to the Town Board the appointment of Linda Kowalski under a title of "Clerk of the. Board" as. pre-approved by the Department of Civil Service and recommended by (Special) Town Attorney Francis J. Yakaboski. It was the opinion of the Town Attorney that the title of Stenographer was not sufficient for the legal and general duties required of the only full-time person in the Department of the Board of Appeals. Southold Town Board of Appeals-39-September 10, 1987 Regular Meeting PLANNING COORDINATION/REPORTS: The Board Members discussed coordination from the Planning Board and agreed that the Planning Board include the following areas of concerns in their reports: 1. historical data on previous and concerns on pending divisions of land by the Planning Board;. 2. .historical data on previous and concerns on pending site-plan actions, conditions, etc. by the Planning Board; 3 . effects, if any, of the proposed project on Planning Board actions taken previously (para. #1 and #2 above) , 4. prior recommendations concerning change-of-zone application or other actions (by the Town Board) concerning this property. It was also noted that the Zoning Board of Appeals will continue with its fact-finding and extensive research with the Offices of: the Assessors, the Building Department, County and State agencies, and that the Planning Board' s report should reflect the above items, and effects on the proposed "Master Plan" amendments. The Z.B.A. ' s findings are always supported by substantial evidence disclosed in the records, and could not and will not rely upon assumptions without facts or true basis for .any recommendations. The consensus of the Board Members at this time was to ask the Town Planner and the Planning Board to disclose those facts which are substantiated by documentation or information in their files. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, da�. Kowalski, Secretary Southold Town Board of Appeals /Approved - /