Loading...
HomeMy WebLinkAboutZBA-08/20/1987 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. M I N U T E S JOSEPH H. SAWICKI REGULAR MEETING THURSDAY, AUGUST 20, 1987 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, AUGUST 20, 1987 commencing at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Board Members present were: Chairman Gerard P. Goehringer, Charles Grigonis, Jr. , Serge Doyen, Jr. , Robert J. Douglass and Joseph H. Sawicki, constituting the full five-member Board. Also present were: Board Assistant Linda Kowalski, Executive Administrator -Victor Lessard (Building Department) , (and approximately .20' persons at the beginning of the meeting. ) The Board proceeded with the following public hearings. During each of the hearings, testimony was received and the hearing was immediately concluded thereafter (except as noted otherwise) . The transcripts of all hearings have been prepared verbatim under separate cover and attached at the back of these Minutes for future references. PUBLIC HEARINGS: 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. 7 : 43 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. 7: 50 p.m. Appl. No. 3643 - EUGENE PERINO. 7: 55 p.m. Appl. No. 3644 - JOSEPH REINHART, FRED WIGHTMAN and DAVID FREY APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to approve the Minutes of the following Board of Appeals Meetings: July 27, 1987 July 16, 1987 February 6, 1986 March 13, 1986. �► i Southold Town Board of Appeals -2- August 20, 1987 Regular Meeting PUBLIC HEARINGS, continued: 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL 8:13 p.m. Appl. No. 3648 - FERUCIO FRANKOLA 8:22 p.m. Appl. No. 3655 - ELLEN HOPE DEMARIA 8:26 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO 8:38 to 8:45 At this time, a �resolution was duly adopted by the Board Members for a temporary recess. The Meeting reconvened at 8:45 p.m. 8: 45 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES 8:53 p.m. Appl. No. 3660 - PUDGE CORPORATION 8: 56 p.m. Appl. No. 3592 - BENTE SNELLENBURG 8: 57 p.m. Appl. No. 3661 - ERNEST TARMIN 9: 06 p.m. Appl. No. 3654 - WILLIAM MOORE and BENJAMIN HERZWEIG i 9:40 - 9:45 p.m. At this time; a resolution was duly adopted by the Board Members for a temporary recess. The Meeting reconvened at 9:45 p.m. 9:45 p.m. Appl. No. 3654 Hearing reconvened briefly. WILLIAM MOORE and BENJAMIN HERZWEIG. The hearing was then recessed until September 10, 1987. ENVIRONMENTAL DECLARATIONS: On motion by. Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations 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 #k44-4 of the Town of Southold: 1. TYPE II Actions, being setback or lot-line variances: ( a) Appl. No. 3602 - MARGARET McNAMARA (b) Appl. No. 3646 - ROBERT AND NANCY MUIR (c) Appl. No. 3643 - EUGENE PERINO (d) Appl. No. 3647 - JOHN AND JOAN WETZEL (e) Appl. No. 3648 - FERUCIO FRANKOLA (f) Appl. No. 3655 - ELLEN HOPE DeMARIA (g) Appl. No. 3661 - ERNEST TARMIN 2.. UNLISTED Actions (pending minimum 15 days and up to 60 days before action may be taken) : (a) Appl. No. 3656 - NICHOLAS IPPOLITO . (b) Appl. No. 3653 - NORTH ROAD ASSOCIATES (c) Appl. No. 3660 - PUDGE CORPORATION. (continued on next 11 pages) r Southold Town Board of Appeals -3- A,tgust 20 , 1987 Regular Meeting r' (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance' APPEAL NO. : 3602 PROJECT NAME: Margaret' McNama'ra 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: [g ] Type- II [ ] Unlisted [ J DESCRIPTION OF ACTION: Wooden deck addition with insufficient setback from existing timber bulkhead LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 640 Takap.osha. Road, Southold, NY 1000-87-6-10 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 recZuested is a setback variance as regulated by Section 617 . 13, 6 NYCRR, SEQRA. (3) Information- has been submitted by applicant or his agent indi- 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 -4- Aigust 20 , 1987 Regular Meeting P, (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3646 PROJECT NAME: Robert and Nancy Muir 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: Construct additions to dwelling with insufficient rearyard setback and insufficient frontyard setback LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Gillette Drive and Cleaves Point Road, East Marion, NY 1000-38-2-29 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617. 13, .E NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel . 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. w Soutnoid 'Town Boarcl of Appe�ils iligust 201 19<37 1 egular Meeting (Environmental Declarations, Continued: ) S .E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. 3643 . ...... ...... PROJECT NAME: . . .EU'G'ENE 'P'E'RINO' ' 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 sign.1-fi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that Lh.is declr.i.raLic�n 'should riot be considered a determination made for any other deparL"ment or agency - which may also have an application pending for the same or similar- project. TYPE OF ACTION: [X ] Type II ( ) Unlisted [ ] DESCR-IPTION OF ACTION: Permission to locate propped dwelling with or without deck addition within 75 feet of nearest wetlands along shoreline of Marion Lake LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West side of private right-of-way known as "Truman' s Path" , East Marion, NY 1000-31-12-16 REASON (S) SUPPORTING THIS DETERMINATION: (1) An- Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated- by' Section 617. 13, 6 NYCRR, SEQRA (3) Information has been submitted by applicant or his agent indi- 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 -6- rugust 20 , 19,37 Regular Meeting .(Environmental Declarations, Continued: ) S .E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3647 1 PROJECT NAME: - 'JOHN AND' 'JOAN WET'Z'E'L 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 d-epat:tment 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: Construct additions to dwelling with re- - ductions in sideyard, .and construct addition landward ofexisting dwelling structure 70 feet from nearest wetland edge LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 4635 Pequash Avenue, Cutchogue, NY 1000-137-4-6 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) znfozma,tion has been submitted by applicant or.: his agent indi- cating that the project will not involve the disturbance of wetlands grasse 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 z)uuCiiula sown i3oara at llppeals 4-. Pu ust 20 J ,, g 1t11 egular meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3648 PROJECT NAME: FERUCI0' FRAN'KOL'A This notice is issued pursuant to Part 617 of the implementi regulations pertaining - to Article 8 of the N.Y.S . Environmentalng 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 below. reasons indicated Please take further notice that this declaration should not be considered a determination made for any other department or agenc which may also have an application pending for the same or simil project. *r.y TYPE OF ACTION: [X] Type- II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct swimmingpool, deck and fence en- cl osure within 75 feet of wetland area along West Creek LOCATION .OF PROJECT: Town of Southold, County of Suffolk, more , Particularly known as: 1900 Glenn Road,' Sbuthold, NY 1000-78-2-36 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 indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which xray 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 -8- Aigust 20 , 1987 Regular Meeting r' (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3655 PROJECT NAME: ELLEN 'HOPE D'eMARI'A 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 depa.rLiiient or agency which may also have an application pending for" the same or similar project. TYPE OF ACTION: R ] Type - II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval- of the construction of accessory storage shed in frontyard area LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West side of Private Road (West View Drive) Orient, NY 1000-13-3-3 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) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considkeed wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel . 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -9- Aigust 20 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3661 PROJECT NAME: ERNEST TARMIN 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:Construct accessory stairs and platform along bluff along Long Island Sound . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-way off the north .side of Main Road, Orient, NY 1000-14-2-1.1 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) 'Informati;on has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsTci, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel . 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -10- lugust 2.0 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.1t.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance -- APPEAL NO. : 3654 PROJECT NAME: WILLI'AM MO'ORE',' 'ESQ'.' 'arid 'BENJAMIN HERZWEIG, ESQ. 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 simil�ir project. TYPE OF ACTION: [ X] .Type ' II [ ] .Unlisted [ ] DESCRIPTION OF ACTION: Establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing ' two-foot , contour and not less than. 30 feet from front property line LOCATION OF PROJECT: Town of Southold, County,of Suffolk, more particularly known as: 675 Meadow Lane, Mattituck, NY 1000-115-5-7 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 indi- cating 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 -11- hizgust 20 , 1987 Regular Meeting r' (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3656.... ...... PROJECT NAME: N'I'CHOL'AS' 'I'P'PO'L'I'TO 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 sicgn:i_fi- 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: Construct garage additon to dwelling with' insufficient southerly sideyard setback, insufficient total sideyards, . insufficient setback from bulkhead and excessive lot coverage LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 230 Carole Road, Southold,. NY 1000-52-2-7 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) 1 Information has been submitted by applicant or- his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which amy be_ considered wetlands. ' (3) Separating the project in question from the waterfront or tidal area is other consturction and/or a. bulkhead in good condition. Southold Town Board of Appeals -12- August 20 , 1987 Regular Meeting r (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3653 PROJECT NAME: NORTH ROAD' AS'SO'C'I'ATES 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 Unlisted [ ] DESCRIPTION OF ACTION: Approval- of access over private righ-of-way extending 170 feet from the north side of Main Road LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North side of Main Road, Orient, NY 1000-18-4-1. 3 and 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) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. ° FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel . 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -13- A gust 20 , 1987 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO. : 3660 PROJECT NAME: PUDGE 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 noL be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION• Construct .mini-storage buildings at a maximum height of 15 feet, at variance from Cond. No. 8 of Appl. No. 3625 and with minimum setbacks as scaled oncarreeted Aug. 5, 1987 Map LOCATION OF PROJECT: Town of SUuthold, County of Suffolk, more particularly known as: Horton Lane, Southold, NY. 1000-63-1-10 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) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses ortareas;hsub}betptojflaodimg which may be considered wetlands FOR FURTIiER INFORMATION, PLEASE CONTACT: Linda Kowals}ci,. secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -14- August 20, 1987 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. PENDING INSPECTION: Appl. No. 3651 - DEAN KAMEN. Public Hearing scheduled for September 10, 1987. The Chairman indicated that the Bay Constable would be contacted and requested to provide a report on this proposed construction- at North Dumpling Island, Town of Southold, together with Member Serge J. Doyen. SIGN RENEWALS: On motion by Mr. Goehringer, seconded ,by Mr. Sawicki, it was RESOLVED, to approve the following renewals of sign applications for off-premises directional purposes, for a period of four years from the date hereof: Applicant Permit Number Frank and Robert Klos 1.025 Orient Country Store Ltd. (L. Duell) 907 Manor Grove Corp. 963 John A. Polywoda (Fireside Pizza) 2432 Walter Teresko 1088 Puerto Verde Restaurant 1580, 2550, 2037 North Fork Community Theatre, inc. 914 Gulf Oil - Division of Cumberland Farms 921 Greenport United Methodist Church 2571.-2573 Beachcomber Motel 1664, 1669 (Continued on next two pages) Southold ' Town Board of Appeals -15- August 20 , 1987 Regular Meeting Returned sign renewals July 1987 Permit Number Advent Lutheran Church 2374 Archeological Association of NY 1493 Edna A. Brown 1084 Brown Hills Estates 930 Armando Cappa The Barge Restaurant 1428 Cedars Golf Club 1615 Joseph Cherepowich 889 Cove Properties 957 Cutchogue Post Office 1152 Steve Doroski 1029 Mr. L. Duell Orient Country Store LTD. 907 Frohnhoefer Electric Co. Inc. 1028 Goldsmith' s Boat Shop Inc. 1166 Greenport Shores Civic Association 1124 Joantho.ny' s Restaurant 1165 Thomas and Florence Jurzenia 206 , 1072, 1073 John Koroleski 1784 Marian Council Knights of Columbus 1024 Lions Club Of Mattituck 1065 & 1285 Long Island Vineyards Inc. 2309 Magic Fountain Jmaes Kreh 887 Mattituck Inlet Marina & Shipyard 1321, 1322, 1725, 1726 & 1727 Mattituck Merchants Inc. 279 Mattituck Estates 948 Mattituck Hl:aftibi.ng and Heating 935 Mattituck Lanes 1002 Richard MacNish 1003 Southold Town Board of Appeals -16- August 20 , 1987 Regular Meeting Permit Number North Fork Lions Club 1150 Raynor & Suter 962 Fred & Harold Reese 1441 Reeve Lumber & Woodworking Co. Inc. 1020 San Simeon By The Sound 1224 Russell P. Silleck Agency (Sold) 1013 Silvermere Bungalows 930 Richard Sledjeski Porky' s Restaurant 1042 Sound Shore 1252 Southold Rotary Club Inc. 2443 Southold Town Democratic Committee 2619 - 2626 Southold Town Republican Committee 2599 - 2608. 2744 2875 - 2880 Robert Tabasko Mattituck Motel 2026 Village Marine of Mattituck 1714 Volinski Olds Inc. 1582, 1476 ,1477 Wells Pontiac Cadillac 1312 Howard Zehner 442 John Wickham Wickham Fruit Farms 1009 Mattituck Presbyterian Church 932 Herbert Sanders 1007 Patricia Drossos Zeller. 1785, 1927, 2422 Agway Inc. 1898 Brian' s Song Inc. 2288 Cedar Beach Park Association 936 Philip Loria 905 Joseph Krukowski 1136 -17- Southold Town Board of Appeals August 20, 1987 Regular Meeting (Sign Renewals, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. UPDATE: Appl. No. 3542 - TIDE MARK (CLIFFSIDE ASSOCIATES, Owner) . The Board was updated on, the August 4, 1987 receipt of the Town Planning Board Office Notice of Positive Declaration dated June 15, 1987 for 76 motel units proposed at the north side of C.R. 48 in the Hamlet of Greenport; 1000-45-1-1. At this time, the requested Draft Environmental Impact Statement has not been submitted including the amendments for the transient motel use and was therefore deemed incomplete. HEARINGS FOR NEXT REGULAR MEETING CALENDAR: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to schedule the following matters for public hearings to be held at a Regular Meeting of the Board of Appeals on THURSDAY, SEPTEMBER 10, 1987 at the Southold Town Hall commencing at 7:30 p.m. : 7 :35 p.m. Appl. No. 3651 - DEAN KAMEN 7: 40 p.m. Appl. No. 3662 - THOMAS AND FRANCES SMITH 7: 45 p.m. Appl. No. 3622 - CHRISTIAN B. SALMINEN 7: 50 p.m. Appl. No. 3658 - PAUL AND CORRINE FERDENZI 7 :55 p.m. Appl. No. 3665 - LEHESK BUILDING CORP. 8:05 p.m. Appl. No. 3593 - QUIET MAN INN 8:10 p.m. Appl. No. 3659 - QUIET MAN INN 8:20 p.m. Appl. No. 3628 - GEORGE AND JANE KAYTIS 8:35 p.m. , Appl. No. 3654 - WILLIAM MOORE AND B. HERZWEIG 8: 55 p.m. Appl. No.. 3653 - NORTH ROAD ASSOCIATES Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals-18-August 20, 1987 Regular Meeting OTHER REVIEWS.: The following matters were acknowledged and inspections or additional documentation were anticipated prior to the next advertising deadline for public hearings: 1. Application for ANNA AND, GUIDE CIACIA. Area, width, depth, yard setbacks. B-Light Business Zone. Corner of Main and Kerwin Boulevard, Greenport. Await County Health waiver/action and P.B. review/comments on subdivision elements. 2. Appl. No. 36G7 - JAMES P. O'NEILL and PETER J. McSHERRY. Area, width, depth variances. Wiggins and 8th Street, Greenport. (Await Co. Health Action and copy of Pre-C.O. ).. 3 . Appi. No. 3636V and 3636SE - TARTAN OIL CO. S/s Main Road and W/s Marratooka Lane, Mattituck. 4. Appl.. No. 3662 - THOMAS J. AND FRANCES M. SMITH. Wetlands setback and insufficient' sideyards for addition. 200 Haywaters Drive, Cutchogue. 5. Appl. No. 3622 - CHRISTIAN SALMINEN. 6. Appl. No. 3592 - BENTE SNELLENBURG (carryover for October 8, 1987 continuation as agreed) UPDATE: APPL. NO. 3371 - FLORENCE ROLLE - pursuant to a Notice of Disapproval issued on February 26, 1985, a variance was filed under the Bulk Zoning Schedule for the substandard. size of an 18,080 sq. ft. parcel located along the east side of Ole Jule Lane, contiguous to other premises of the applicant containing 12,742 sq. ft. and fronting along the north side of Kraus Road in the Hamlet of Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 5, Lot 8. In researching old basement files dating back to Febru- ary 4, 1960, a previous variance was found under Appl. No. 254 . in behalf of Albert Zanowski (Mrs. Rolle's former husband.) , now deceased. Member Grigonis, who was a Board Member voting on the 1960 variance application, did review the file with the Chairman and the Board' s Secretary, and agreed that the action is valid and still in effect since variances go with the land. The. Chairman was authorized to bring this action to the attention of the applicant/property owner and was authorized to advise Mrs. Rolle that the variance applied is not necessary, after considering the previous action of the Board of Appeals and noting that the conditions of that appeal have been complied with (Lot #4 was sold and merged. with Eleanor Papish's northerly i Southold Town Board of Appeals-19-August 20, 1987 Regular Meeting (Update, continued: Appl. No. 3371 - ROLLE/ZANOWSRI) lot, and the remaining portion is the subject 90 ft. strip of land as shown on the "Map of Albert Zanowski dated January 29, 1951, Lot # 1) . It was noted that Mrs Rolle must continue with the Planning Board, who .is the proper authority concerning actions under the set-off subdivision regulations of the code. CORRESPONDENCE: The following correspondence was noted for the record from the agenda: A. Letters from concerned neighbors Re: GEORGE DAMIEN, asking the Board to re-open the hearing in order that they may object to the application. (The Board denied the appeal application for substandard lots ;earlier this evening, and a copy of the Board's decision will be furnished to the correspondent. ) I . B. Letter dated August 13, 11987 from D. Schwartz Re: CHRISTOPHER AND WILLIAM CONNORS variance application, which is pending at this time. DELIBERATIONS/DECISIONS: The Board deliberated and took action (as follow) on the applications of: Appl. No. 3642 - DINA MASSO Appl. No. 3631 - PUDGE CORP. Appl. No. 3635 - ARTHUR V. JUNGE, Appl. No. 3581 - GEORGE D. DAMIEN. (Continued on following pages) Southold To Board of Appeals '-20- August 20 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appeal No . 3642 : Application for DINA MASSO for a Variance to the Zoning Ordinance , Article XI , Section 100-119 : 2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas , all . landwa,rd of existing wood bulkhead along Peconic Bay , premises known as5705 Nassau Point Road , Cutchogue , NY ; Lot 39 , Amended Map A of Nassau Point Filed... August 16 , 1922 ; County Tax Map District 1000 , Section 111 , B1.gck 13 , Lot 04. The Board made the following findings and determination following deliberations : WHEREAS:, a public hearing was held . and . concluded on July 16 , 1987 in the Matter of the_.Application of 'DINA MASSO under Appl . No . 3642.; 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 Article XI , . Section., 1.00-1.79.2 of the Zoning Code for permission to construct accessory boat,-s.torag_q structure at the foot of the bluff , landward 'of.,.,existing bulkhead, 'and to construct new stairway with landings in the adjacent area ' of the existing stairs , which _ will be removed , all as shown on plan drawn May. 5.,_ 1987 , prepared by Garrett A. Strang , Architect . 2 . The premises in question is known and referred to as Lot No . 39 ; "Amended Map A of. -.Nassau Point, filed__ August 16 , -1922, File No . 156 : The subject premises consists of an area of.,_.34.,_508 sq . ft . with frontage along..the east side of Nassau Point,-.Road of 100 . 48 feet , .and is._ imp.rov.ed with an existing one-story , single-. family dwelling set back 39± feet from the top of. bluff, 10 feet from the southerly side property line , 16± feet from the northerly Southold Town Board of Appeals -2.1-A.ugust 20., 1987 Regular Meeting (Appl . No . 3642 - MASSO decision , continued : ) side property line , and 154 . 5 feet from the front property line. 3. The accessory boat-storage structure is proposed to be 12 ' by 24 ' and 12 ft. open deck (for an overall length of 36 feet ) , to be placed along the edge of the bulkhead , on concrete tubings and C . C .A. treated posts into the ground three feet . The platform construction proposed at the top of the bluff is to be not larger than 10 ' by 15 ' . The stairs construction is proposed to extend from the top of the bluff (platform ) down. the bluff, with four landings , replacing the existing stairs immediately_ adjacent (to the north ) . , 4. Article XI , Section 00-.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.- fresh- water wetland. _ 5 . Article III, Section 100-31 permits the establishment of an accessory use. for storage_. purposes , and this application indicates such accessory use wi:1.7. be incidental and _accessory to the residential use of the premises and not operated for gainful purposes,,._or 'habitable__._purposes - and will. be used exclusi-vely for storage of the owner's. boat and,,-.similar articles . 6 . In considering this appeal , the. Board finds and determines (a ) the relief requested is substantial in relation to the requirements ; however, ' the type of construction of . the proposed structures and uniquene.s,s o'f the property' s. elevations above mean sea level lend to the gr.ant_%ng of the relief as noted below;,. (b) the difficulties claimed are sufficient to warrant a granting of .the' v.arianc.e applied, with restrictions as noted below ;. (c ) the difficulties claimed are sufficient to warrant a granting of__,a variance ;. ti Southold Town Board of Appeals -22- August 20 , 1987 Regular Meeting (Appl . No . 3642 - MASSO decision ,, continued : ) (d ) there is no other method feasible for appel - lant to pursue for the purposes stated in this application ; (e ) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by granting the variance , as con- ditionally noted -below . Accordingly , on motion by Mr . Goehringer, seconded by Messrs . Douglass and Sawicki , it , was,_ RESOLVED, to GRANT a Variance under the Provisions of Article XI , Section.-100.-119.2 in the Matter of_,_ the Application for DINA MASSO under ._Appj. .. .No . ' 3642 , for anew access-r.y boat-storage structure-, _5--tairs and upper platform more .parti - cularly depicted on Site Plan - prepared .'by.,.Gar.._r.ett . A4 - Strang,_ R. A. drawn May. 5., 'l987 ; _and 'S.UBJECT 'TO 'TH JOLLOWING 'CONDITIONS: 1 . Foundation of boat-storage structure to be of spite construction and self-supporting (not to be connected with existing bulkhead or"'existi.ng spiles ) , 'to be a minimum of three feet back from the existing bulkhead, and to be con- structed in a fashion as not to ,cause erosion., raising if necessary; 2 . Wood deck to be . self-sustaining., :also with spile construction in the ground and.. not anchored to bulkhead in any manner; 3. Stairs construction .to be safe at all times and constructed in a manner as to aid in the prevention of erosion ; 4. Plantings under and .around new construction as recommended by the Suffolk Cou.nty` Soil and Water Conservation District , 5 . Boat-storage structure shall be free of plumbing facilities . No' cabana or similar uses,, no sleep- ng,.. or habitable facilities ; 6 . All lighting at ground level and shielded to the property . 7 . Existing posts (of construction to be removed ) Southold Town Board of Appeals -23- August 20 , 1987 Regular Meeting (Appl . No . 3642 - MASSO decision , continued : ) shall be c.ut at ground level , and without excavation . Vote of the Board : AYes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution. was duly adopted . DELIBERATIONS/DECISION : Appl . No . 3631 : Application of PUDGE CORP . Variance to the Zoning Ordinance , Article III , Section 100-30 A for permission to establish and con- struct 7500 sq . ft. building for industrial use in this "A" Residential and Agricultural Zoning District . Location of Property : North Side of C . R. 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1 , Lot 20 , containing 39 ,524± sq . ft. in lot area. Deliberations. Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on July 16 , 1987 in the Matter of the Application of PUDGE CORP. under Appl . No . 3631 , 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 a lot area of . 895 of an acre , or 39 , 524 sq . ft. , with frontage (lot width) of 150 ft. along the north side of C . R. 48 , Hamlet of Cutchogue , is vacant , and is more particularly shown on the Suffolk County Tax Maps as District 1000 , Section 96 , Block 1 , Lot 20 . Southold. Town. Board of Appeal s -24- August 20 , 1987 Regular Meeting (Appl . No . 3642 - MASSO decision , continued : ) 2 . The subject premises is located in the "A" Residential and Agricultural Zoning District and is immediately—adjacent to the Town of Southold Disposal Site at the north side . The premises immediately adjoining this property along the west side is also vacant and along the east side is a parcel of 6 . 29± acres with agricultural uses . 3. Town assessment records show the -owner of the subject parcel to be John S . Wickham , although it is our understanding that there has been a recent conveyance to Pudge Corp . and/or James L . Gray , Sr . (No proof of such conveyance has been submitted or found . ) 4 . By this application , appellant requests a Variance from the Zoning Ordinance to permit the construction of 100 ' wide by 75 ft. deep building for industrial use as more partiuclarly shown on Drawing #SK-1 premises by John A. Grammas and Associates April 29 , 1987 . 5 . No evidence has been introduced as required by law that : (a ) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located ; (b) that the plight of the owner is due to unique circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; (c ) that the use to be authorized will not alter the essential character of the neighborhood ; (d ) there is dollars and cents proof to substantiate the unnecessary hardship claimed. This Board is aware that the proposed new Master Plan Maps depict this property for LIO , Light Industry , which would permit this use by Special Exception approval , and does sympathize with petitioner ' s plight; however, the Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested . Accordingly , on motion by Mr. Douglass , seconded by Southold Town Board of Appeals -25-August 20 , 1987 Regular Meeting (Appl . No . 3642 - MASSO decision , continued : ) Mr . Grigonis , it was RESOLVED , that the Variance requested under Appeal No . 3631 in the Matter of the Application of PUDGE CORP . BE AND HEREBY IS DENIED WITHOUT , PREJUDICE. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution. was duly adopted . DELIBERATIONSJDECISION : Appl . No. 3635 :. Application of ARTHUR V . JUNGE for a Variance to the Zoning Ordi- nance , Article III , Section 100-.30 .A) _.for permission to establish elec- trical shop use in this "A-40 " Residential and Agricultural ZQ.ning District . Location of Property : North Side of C. R. 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , _.Block 1 , Lot 19 , con- taining 45 ,589± sq . ft . in lot area . Deliberations . Following deliberations , the Board took the following action : WHEREAS , a public hearing was held and concluded on July 16 , 1987 in the Matter of the Application of ARTHUR V. JUNGE , under Application No . 3635 ; 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 a lot area of . 975 of an acre , or 45 , 589 sq . ft. , with frontage (lot width ) of 168 . 17 feet along the north side of C . R . 48 ,. Hamlet of Cutchogue , is vacant , and is more parti - cularly shown on the Suffolk County Tax Maps as District 1000 , Section 96 , Block 1 , Lot 19 . 2 . The subject premises is located in the "A-40 " Residential and Agricultural Zoning District and is immediately adjacent to the Town of Southold Disposal Site at the north side . The premises immediately adjoining this property along the west side is a parcel Southold Town Board of 'Appeals -26- August 20 , 1987 Regular Meeting (Appl . No . 3635 - JUNGE decis.ion , continued : ) of 1 . 2± acres . improved with a single-family dwelling and along the east side is a vacant parcel of 39 , 524 sq . ,. ft . .(also located in this Residential and Agricultural Zoning . District) . 3. Town assessment records as of the date of this decision show the owner of the subject parcel to be John S . Wickham , although it is our understanding that there has been a recent conveyance to Arthur V . Junge or Arthur V . Junge Inc . (A copy of an unexecuted deed from Timothy Scott Gray to Arthur V . Junge dated April 6 , 1987 has been furnished. for the file . ) 4 . By this application , appellant requests a Variance from the Zoning Ordinance to permit. the construction of an 4400 sq . ft . building as shown on Site Plan prepared March 10 , 1987 by John A. Grammas and- Associates and referred to as Building "A, " with dimensions of 110 ft . wide by 40 ft. deep and shown to be set back 60 set . from the front property line . Also shown on the Site Plan is a future, Building "B" to the rear (north ) of Building "A" . The occupancy proposed by the appellant is a contractor.'s`; business and shop . 5 . No evidence has been introduced as required by law that . (a ) the land in question cannot yield a reasonable return if used only. for the purpose of the zone in which it is located ; (b) that the plight of the owner is due to unique circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of .the zoning ordinance itself; (c ) that the use to be authorized will not alter the essential character of the neighborhood ; (d ) there is dollars and cents proof to substantiate the unnecessary hardship claimed . This Board is aware that the proposed new Master Plan Maps depict this property for LIO , Light Industry , which would permit this use by Speci.al _ Exception approval , and does sympathize with petitioner ' s plight; however , the Board finds that the criteria set by the Courts has not been sufficiently Southold Town Board of Appeals -27- August 20 , 1987 Regular Meeting (Appl . No. 3635 - JUNGE decision , continued : ) met and therefore lacks authority to grant the relief as requested . Accordingly , on motion by Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the Variance requested under Appeal No . 3635 in the Matter of the . Application of 'ARTHUR V . JUNGE BE AND HEREBY IS DENIED 'W.ITHOUT PREJUDICE. Vote of the Board -- Ayes : Messrs . Goehri'nger , Doyen , Grigonis , Douglass and Sawicki . This resolution was duly adopted . Southold Town Board of Appeals -28- August 20 , 1987 Regular Meeting DELIBERATIONS/DECISION : Appeal No. 3581 . Application of GEORGE D . DAMIEN for Variances to the Zoning Ordinance , - Article III ; Section 100-31 , and Bulk Schedule , for approval of insufficient area-, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson , Fifth and Main Streets ,, New Suffolk , NY ; County Tax Map District 1000 ,' Section 17,, Block 9 , Lot 12 , containing a total area of 28 , 919± sq . ft . ,, Following deliberations,, the Board took the following action : WHEREAS , a public hearing was held and concluded - on July 16 , 1987 in the Matter- of the Ap,p.7ication of GEORGE 'D DAMIEN under Appeal No . 3581 ; and _ WHEREAS , at said hearing al ]. 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 fol-lowing findings of fact . 1 . By this ap,pl'ication , appellant requests area variances for approval of :. (a) insufficient lot area._ o,f 12 ,663 sq . ft . and 16 , 256 sq . ft . , Lots A and B respectively ; _(b ) insufficient 1ot width (frontage ) of ,101 . 22 feet along Main Street and 125 . 0 feet along Fifth Street , Lot A; and insufficient lot width [front- age] of 90 . 11 feet along Jackson Street , Lot 8 ; (c ) insufficient jot depth of. ] 0] . 41 foot, Lots A and B , all as more particularly depicted on Map amended September 3 , 1986 , prepared by Roderick VanTuyl & Son . 2 . The property in question contains a total area of 28 ,919 � sq . ft . with frontage along the south side of Main'. Street of 101 . 22 feet , along the east side of Fifth Street of 301 . 67 feet , and along the north side of Jackson Street of 90 , 11 feet. The entire premises was conveyed as more particularly shown by deed at Liber Southold Town Board of Appeals -29-August 20 , 1987 Regular Meeting (Appl . No . 3581 - DAMIEN decision , continued : ) 5911 page 167 , dated January 22 , 1966 from Margaret W. Roache . 3 . The subject premises is improved with the following structures : (a ) one single-family dwelling , and (b) one acces- sory garage , both constructed under Building Permits #3475Z and #3646Z . A final Certificate of Occupancy #Z3412 was issued for the .dwelling on January 28 , 1969 . The dwelling is shown on survey prepared by VanTuyl & . Son dated July 15 , 1968 to be set back 40± feet from ' Fifth Street , 28 feet from Jackson Street , and 25 feet from the easterly property line . The setback from the existing dwelling to the_ proposed. division line scales out to 115± feet . 4 . On September 1 , 1966 , Board of Appeals action was taken concerning an application for a variance . for . three. lots having insufficient area.,, under Appeal No . 949 denying " . . .permission. to divide into three separate building lots . .. . ." 5 . On May 5 , 1967 , Building Permits #3475Z and #3474Z . were issued for the construction of two single-family dwellings , one on the northerly portion of the premises.,. and the_. other on. the southerly portion . of the premises . A single-family dwelling was constructed under Permit #3475Z and a final Certificate of Occupancy #Z3.412 was issued January 28 , 1969. The second Building Permit #3474Z .expired and.. no construction took place thereunder . 6 . It is noted that by letter dated. November 5, 1975, the Town Building Inspector advised the applicant that . n. . . the action of the Board of Appeals #949 , Sept_._ ] , 1 966 , *dividing your property on EJS Fifth St. , New Suffolk , ) nto two building lots , one with frontage.,,,on Jackson St. : and the other with , frontage on Main Street;, has not been changed or rescinded. . . . You still have two building lots on E./s Fifth Street as the Board set them off in l966.. . ,. . " 7 . During November 1971 and up until May 1983 , the minimum lot area requirements-of the._„Zo.ning Code .was increased from 12 ,500 .sq . ft. ., to 40 ,000 sq . ft. After investigation and extensive .. research ,' 'no documentation- was found in the Town records substantiating - the prior. Building Inspector ' s. position . On October 27 , 1980 , Mr. Damien was advised by letter signed by a Town ' Bu,ilding ' Inspector that the zoning Southold Town Board of. Appeals -30- August 20 , 1987 Regular Meeting (Appl . No . 3581 - DAMIEN decision , continued : ) requirements were increased in 1971 , " . . . That you cannot subdivide property into lots with less than 40 ,000 sq . ft . in area . . . Therefore you cannot get a permit_ to build another dwelling on your lot . . . . " Again by letter dated August 6 , 1982 , Mr . Damien was advised by the Building Department that the Board of Appeals. denied his application in 1966 for the insufficient area of three lots and that approval could have been obtained if he reapplied for the two lots during that period of time since the requirements at that time were a minimum lot area of 12 ,500 sq . ft. and subject to approval by the Planning Board under the subdivision regulations in effect at that time . 8 . Before , during and subsequent to 1966 , the Southold Town Planning Board was the proper authority to approve or otherwise act on subdivisions . The Board of Appeals did not have authority during 1966 to subdivide , except to consider applications in varying the zoning regulations as to lot size , etc . It is understood that the applicant was told that he had the right to have two. lots , and, that he would have toapply again . No record was found for approval of the two-lot subdivision , by any Town or County agency , except that in . 1975 the prior Building Inspector believed that Mr. Damien had approval for two. lots by the denial of the three applied for in 1966 . 9 . Today ' s. minimum lot size ,requirements under Article III , Section 100=.31 , Bulk Schedule of_ the Zoning Code requires a minimum lot area of 80 ,.000 sq . ft . , minimum lot width of 175 feet , and minimum lot depth of, 250 feet. 10 . Town records show : (a ) the appellants-owners have always received one tax bill for the entire parcel , (b) there is one deed of record dated January 22 , 1966 at Liber 5911 page 167 conveying the entire parcel of 28 , 919± sq . ft. to the owner-appellants , (c ) an application is presently pending with. the. Suffolk County Health Department for Article VI Development/Subdivision approval and to date no final action has been rendered , .(d) an application is presently pending (filed during May 1987 ) with the South- old Town Planning Board ,for a set-off division of land and to date no action has been rendered . 11 . The percentage of relief requested from the lot Southold Town Board of Appeals -31- August 20 , 1987 Regular Meeting (Appl . No . 3581 - DAMIEN decision , continued: ) area requirements are : (a ) for the northerly proposed parcel [Lot A] 84% , (b) for the southerly proposed parcel [Lot B] 80% . The percentages as to lot width and lot depth varies from 60% to 29%. 1.2 . In viewing the immediate area within Section 117 , District 1000 of the Suffolk County Tax Maps , the Board finds the following lots existing : Lot 11 , Block 9 , containing 2 . 6± acres and situate opposite-. the appellant' s. premises across Fifth Street ; Lot 1 , Block 8., to the north of appellant ' s. premises opposite Main Street , . containing_ a total area of 30 ,00Q± .s,q . 'ft, ;. , Lot 13 ,. Block 10 , to the south opposite Jackson Street containing 30,0:00± sq . ft . ; and Lots abutting the subject premises along the east side presently of Fudjinski and Acker of 15 ,250±.,. sq . ft . and 13 ,000± sq . ft . respectively. 13 . It has been held by the Courts (VanDusen v. Jackson , 35 AD2d 58 ) that a Board of Appeals cannot under the semblance of a variance exercise leg_islativ:e powers . It is apparent that the variances requested are substantial in respect to lot area , lot width , :lot depth , and would in effect establish a zone district completely _atIodds with-. all other zone dis- tricts provided for...in the Zoning Code and-, Zoning Map. 14 Additionally , the Board finds and determines : (a) that the difficulties claimed are self-imposed , particularly due to the in„actio_n of the property owner over the period of time , from 19.75 to the present time, to obtain map approval" or other documentation' (such as a vacant Land Certificate of .0ccupancy , separate tax bills , separate deeds , etc . ) . (b) the percentage' of relief requested is substan- tial in relation to the zoning requJre.ments , being a variance from 80% to 29% of the requirements as to area , width , and depth ; (c ) there is no other method feasible for appellant to pursue other than a variance ;_ (d) it is the burden of the landowner to prove that Southold Town Board of Appeals -32- August 20 , 1987 Regular Meeting (Appl . No . 3581 - DAMIEN decision , continued : ) the area restrictions as applied to his land imposes signifi- cant economic injury [Fulling v . Palumbo , 21 NY2d 30] (e ) the effect , if the variance is allowed , is minimal of the increased population density thus produced on available governmental facilities ; (f) a substantial change will be produced in the character of the neighborhood since there are lots existing of a size larger than that proposed herein'; (g ) in view of the manner in which the difficulty arose and in consideration of all the above factors , the interest of justice will be served by... denying the variances as applied . Accordingly , on motion by Mr . Grigonis ., seconded by Mr . Goehringer , _ .. it was RESOLVED , that, the relief requested - under - Appeal No . '. 3581 in .the Matter of the Application of GEORGE 'D. DAMIEN.. BE 'AND HEREBY- IS DENIED . Vote of the. .Board : Ayes . Messrs . Goehringer , Doyen, Grigonis , Douglass and Sawicki . - This resolution was duly adopted . Southold Town Board of Appeals-33-August 20, 1987 Regular Meeting UPDATE: Other Matters Pending Public Hearings (awaiting additional information as noted below) : Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to establish four two-story motel buildings containing 10 motel units for transient use , and an office building of 2 ,500 sq . ft . in area on this 3. 721 -acre parcel , zoned "B-Light Business . " S/s Main Road , Greenport (along the east side of 7:11 ) . **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action can be taken . Appeal No . 3558 - NICK AND ANNA PALEOS. ' Variance for insufficient area , width and depth three proposed lots ) . S/s C . R . 48 , Peconic (formerly Hass ) . Await Art . 6 Subdivision Action before advertising. (P . B. review 10/6/86 ) . H. Raynor , Agent . Appeal No . 3561 - DOROTHY L . . ROBERTSON . Variance for insufficient area , width and depth two lots ) . S/s Northview Drive , Orient . Await Art . 6 Action before advertising . R. Bruer , Esq . Appeal No . 3298 - C & L REALTY/PORT OF EGYPT . Variance to construct 40-unit motel on insufficient buildable upland of 4. 83 acres and having insufficient sideyards . S/s Main Road (prev . Southold Fishing Station/Morris ) ,-Southold . ( **Await corrected site plans , topographical survey including lowest floor elevations above mean sea level , Health Department approvals, N . Y . S . D-. E. C . action , comments or input from Planning Board after review of site plan . ) 10/9/84 Appeal No . 3183 - MARY N . CODE . Smith Drive North , Southold . Proposed re.separation of lots . Await DEC and Planning Board applications to be filed for coordination/action . Appeal No . 3274 - BEST, SCHMITT , SYVERSON. Variances for insufficient area , width in proposed division of land . ROW off E/s Camp Mineola Road , along Great Peconic Bay , Mattituck . (**Await Co . Health Art . 6 , N . Y . S . D. E . C . , Planning ,Board before advertising public hearing. Recent change in title . ) Appeal No . 2929 - SAL CAIOLA. Project as proposed is questionable . Status/clarification awaited . N/s CR 48 , Southold . Southold Town Board of Appeals-34-August 20, 1987 Regular Meeting (UPDATE , continued : ) Appeal No . 3575 - ROSA HODGSON. Variances as to insufficient area and width of proposed 45 ,000± sq . ft . lot from 7 . 152-acre parcel . NT 'Pine Neck Road , Southold . Await Co . Health Art . 6 action . Garrett A. Strang , Architect , to send letter clarifying ROW ownership , etc . (Public Hearing not to be held before 4/7/87 ) . Appeal No. 3389 - THEODORE 'PETIKAS . Variance to use residential portion of premises for restaurant use . W/s ' Sound Road and N/s . Main Road , Greenport . Await further instruction; from attorney or applicant . Await P8 input on revisions . Appeal No . 3564 - JOHN DEMPSEY (Contract Vendee ) . Variances for insufficient setback from bluff and 280-a . No record of town approval on subdivision . C . O . not available . N/s ROW off the N/s Oregon Road , Cutchogue . Appeal No . 3206 - HENRY P . SMITH . Variances for insufficient area and width (two l0tsT-- W7—s 'peconic Lane , Peconic . P. Ofrias , Esq . Multiple business uses . P . B. recommends 24 parking spaces . (No communications received since 7/26/84 . ) Appeal No . 3548 - FRANK R . ZALESKI . Variances for insufficient area , width and depth (three parcels in pending division ) . E/s Deep Hole Drive , Mittit'uck . 1 /295-acre described parcel . Await Co . Health Art . 6 roval . Rec . PB input and DEC permit (exp . 12/87 ) . Henry Raynor- , Agent . Appeal No . 3600SE - T. LUCAS AND G. & A. BELIS . Special Exception to allow 70 motel units on .05-16 acres zoned "B-Light" Business , 4 ,000 sq . ft . of land area per unit with Village water . S/s Main Road (prev . golf range ) , Greenport . Await six items per our Resolution 1 /8/87 , before advertising for public hearing . Appeal No . 3549 - J . KALIN AND B . GIBBS . Variances as to insufficient area , width and depth . N/s Main Road , Orient . Await Co . Health Art . 6 waiver and copies of current deeds . (As of 2/19/87 Co . Health Art . 6 appl . not filed . ) Appeal No . 3556 - EUGENE AND ANN BURGER . Variance for deed with insufficient setback from wetlands along Little Creek . 2515 Pine Tree Road , Cutchogue . Await CO and exact setback requested from nearest wetlands . Photographs may be furnished after flagging of construction area . Southold Town Board of Appeals -35- August 20 , 1987 Regular Meeting (UPDATE , continued : ) Appeal No . 3371 - FLORENCE ROLLE. Variances for area and depth , two parcels . E/s Ole Jule Lane and N/s Kraus Road , Mattituck. (**Await Co. Health Art. 6 action . ) A. Wickham , Esq . Appeal No . 3342 - PHILIP R. REINHARDT . Variances for area and width (two parcels ) . **Recessed from 5/25/83 as requested by attorney for County Health Dept . Art . 6 action (and DEC) . N/s Pine Neck Road (opposite Park Way) , Southold . R . Bruer , Esq . Appeal No. 3191 - HERBERT MANDEL . Variance to change lot line and locate garage- in front/side yard areas . E/s Linet Lane Extension , Greenport . - Premises of Clempner and Mandel . (Await DEC action and PB input before advertising . ) Appeal No . 3249 - DONALD P . BRICKLEY . Variance for insufficient area and width . S/s Bay Avenue and E/s Broadwater Drive , Cutchogue . ( **Await DEC , Art . 6 action and contour maps . ) Appeal No . 3268 - -J . KATHERINE TUTHILL . Variance for insufficient area , width and depth of lots proposed in this "C" Zone . Planning Board denied 9/84 . (**Await DEC and Co . Health Art . 6 action after formal applications . ) Appeal No . 3542 - TIDEMARK/CLIFFSIDE ASSOCIATES. Await copies of. - updated certification on amended maps by Building Inspector , and continuation of SEQRA process when file is complete . P . B. received 12/22/86 ; DEC received 11 /6/86 . Appeal No . 3537 - ROBERT AND SUSAN D' URSO : Breezy Path , Southold . Amait DEC, Co . Health and Trustee actions (after formal applications ) to complete file . New dwelling with insufficient setback from wetlands and bulkhead . R. Bruer , Esq . Appeal No . 3545 - PATRICK STIGLIANI . Main Bayview Road , Southold . Await Co . Health Art. 6 a -tion• Area , ,width and depth variances . Alfred Skidmore , Esq . (Village water not available . ) Southold Town Board of Appeals -36- . .Au,gust 20 , 1987. Re.g,ular Meeting (Updates , continued : ) Appeal. No . 3652 - ANNA AND GUIDO CIACIA. Variances for area , width , depth , yard setbacks in this " B-Light Zone . Corner of Main Road and Kerwin Boulevard , Greenport. [Await Co. Health and P . B . reviews] Appeal No . 3649 - CHRIS AND WILLIAM CONNORS . Variance for insufficient setback from wetlands . West Drive , Southold . [Await fi.naliz.ati.on of. SE.QRA and. Town Trustee action.-before _adver.ti..si'n_g, ] .__ Appeal No . ' 3636 - TARTRN 'OIL 'CO. Variance for convenience store as accessory _ise - to gasoline service . Corners of S/s Main Road, E/s Sunset Lane and WJs Marratooka Road, .Mattituck [Await additional information and P . B. reviews . ]_. Appl . No . 3633 - TARTAN OIL CO ..: Special Exception for _. partial self-service gasoline station . Main Road , Marratooka and Sunset Lanes , Mattituck . [Await additional information and P: B . reviews . ] Appeal No . 3627 - LILLIAN VISHNO . Variances for insuffi - , cient area , width and depth , for three proposed lots . 810 Corwin St : , Greenport. [Await Co. Health and P . B . applications/reviews/communications . ] Appeal No . 3628 - GEORGE AND JANE KAYTIS . Area variance for two proposed lots at Paradise , Point Road , Southold . .[Await Co , Health and P. B . applications/reviews/ communications.-.. ] ' Appeal No . 3614 - ROBERT AND ETHEL 'SCHROEDER. . Interpreta- tion request. S/s Route 25 , East Marion . [Await confirmation of activities conducted and survey. Further direction awaited from applicants ' attorney . ] Southold Town Board of Appeals -37- August 20 , 1987 Regular Meeting (UPDATES , continued : ) . Appeal No . 3514 - GEORGE P . SCHADE. Variances for insufficient area., width and depth in this pending division . (Await Co . Health Art . VI waiver/action before advertising . )- Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Variances for ,insufficient area , width and depth _of two proposed parcels . North'''Side of Pi,ne Tree . Road , Cutchogue . (Await Co . Health Art. VI waiver/action before advertising.. ) Appeal (incomplete) for LOIS AND FRANK THORP. East Side of West Lane and S/s'_North Lane private , off the east side of''Orchard Lane ; East Marion . Variances for approval of insufficient area ,. .width ,' depth , etc . of lots in pend- .. ing division . (*;*Await Notice of Disapproval after applic:at.io.;n to Build.ing Department , reissuance of filing fee , ,postmarked certified-mail receipts , etc . ) ' Appeal _;N.o;.,:.3293 - HAROLD AND JOSEPHINE DENEEN . Variances for;.proposed ..i.nsu-fficient area , width and depth of three parcel-s . . ;W/s,. ROW off the S/s Bayview Road (west of Waterview Drive ) , Southold. 280-a not requested. (**Await Co . Heal_th .Art . VI and DEC approvals/action . ) Appeal No . 3367 - LOIS AND PATRICIA LESNIKOWSKI . Variance for approval of two proposed parcels with insufficient area and width . S/s North Drive , Mattituck . (**Await DEC , b:uil"ding envelope setbacks , and setbacks from wetland grasses . ) Appeal No ! ° 3355 - PAUL AND MARIETTA CANALIZO . Variance to constru.ct� withinsuff:i.cient setback in fro.ntyard from wetlands.: (**Await DEC and wetland setbacks map . Trustees reviews pending--new application may- be necessary for Trustee action . and .DEC action.- updates . ) Southold. Town. Board of. Appeals -38- August 20 , 1987 Regular Meeting (UPDATES , continued : ) Appeal No . 3445 - JULIUS ZEBROSKI . Variance for approval of insufficient area and width of two pro- posed lots . E/s Waterview Drive and N/s Bayview Road , Southold . ("Await Art. VI action and copy of C.O . ) Paul Caminiti , Esq . Appeal No . 3449 - FRANK AND ETHEL BEGORA. Variances for insufficient area , width and depth in this pending division: (three parcels ) . N/s Main-.-Road , East _Marion. (Await P .B. application/referral comments after ' sub- mission of corrected maps ,_(for _three rather . than two ; .. await C.O . of record , if any. ) Paul Caminiti , Esq . Appeal No . ' 3403 - ANNA LORIA. Variances for approval of two parcels having insufficient area , width and depth in this pending division of land. , W/s First Street and N/s King Street , New Suffolk. (Await Co . Health Art . VI action after application. ) Appeal No . 3426 - GERALD D_OROSKI . Variance for approval of access (280-a) . N/s C . R. 48 , Peconic . (Await additional information to clarify ROW and P . B. input on pending division abuttin.g premises to the east. ) Appeal No. 3411 - ANDREW FOHRKOLB. Variance to restore existing building for habitable use (additional dwelling unit) . S/s Lipco Road , Mattituck. (Await scaled floor plans and C . O. ) Helen Rosenblum , Esq . . There. b.eing. no .other business properly coming before the B.oard. .at this. time , the Chairman declared the meeting adjourned. (Attached are transcripts of the hearings held earlier , prepared under separate cover ,' :for future refeeence.. )_ The meeting was adjourned at approximately 10 : 50 p .m. Respectfully submitted , /."�Y oh . Ona. F. Kowalski , Secretary Southold Town. Board of Appeals /rApproued