HomeMy WebLinkAboutZBA-07/27/1987 SPEC i
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
SPECIAL MEETING
MONDAY , JULY 27 , 1987
A Special - Meeting of - the Southold Town Board of Appeals
was held o,►i 'MONDAY ; JULY 27 ; T987 at 7 :00 o ' clock p . m. at
the Southold Town _ Hall , Main Road , Southold , New York 11971 .
Present were : Gerard P. Goehringer, Chairman ; Charles
Gr.igonis.; . Jr . ; Robert J . Douglass and Joseph H. Sawicki , con-
stituting four of the five Board Members . Absent was : Serge
Doyen , Member , of Fishers Island . ' Also present were : Victor
Lessard , Building-Department Administrator - and Linda F. Kowal -
ski , Board Secretary_,,
The Chairman opened the meeting at 7 :00 p .m . and proceeded
with deliberations in the following matter:
DELIBERATIONS/DECISION: Appeal No . 3496 :
Application of FREDERICK 'KOEHLER, JR. Variance to the Zoning
Ordinance ; Article XI_, Section 100-.119. 2 for permission to construct .
38 ' by 16 ' b.each pavillion and attached deck areas extending a
length of 124± feet and width of 28 feet (exclusive of stairs ) ,
accessory, and incidental to the established single-family residential
use of the premises , not. to be operated for sleeping or habitable
purposes and not operated for gai.n , within 75 feet of ordinary
highwater mark and_/or. landward edge of tidal wetland,. along Peconic
Bay , 575 Old Harbor Road , New Suffolk , NY ; County Tax Map District
1000 , Section 117 , Block 03 , Lot . 06 .
Following„deliberations , the Board took the following action :
1
Southold Town Board of Appeals -2- July 27 , 1987 Special Meeting
(Appl . No . 3496 - KOEHLER decision , continued : )
WHEREAS , a public hearing was held and concluded on July 16 ,
1987 in the Matter of the Application of 'FREDERICK KOEHLER, JR.__ .
under Appl . No . 3496 ;. 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 pe.rsona,lly viewed and are
familiar with. the premi.'ses 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 100-.1.19. 2 of_ the Zo.ni'ng Code for permission
to construct a 38 ' by 16_'_.beach_.cabana with attached decks as
more particularly shown on site plans dated May 27 , 1987 ,
prepared by Samuels-Steelman , Architects .
2 . The premises in question is a described parcel contain-
ing an area of 2 . 8± acres , ..with a frontage (lot width ) ,along Old.
Harbor Road of_ .329. 42 feet , and average depth of .660± feet.
3 . The site plan prepared May 27 , 1987 by Samuels-Steelman ,
Architects - depicts the following improvements : (a ) 1z-story ,
single- family dwelling set back 165± feet from the 30 ''.high
contour and 218± feet from the existing bulkhead below the
10-ft. high contour; (b ) three-car garage in the frontyard
area ; , (_c.) existing wooden bulkhead, with top elevation at 9 feet .
4. The structures applied and depicted on the May 27 , 1987
Site Plan include the followin.g : (a ) 37 ' 6 " wide by 268" founda-
tion and first-floor (only ) cabana structure ; (b) open [unen-
closed] deck areas (el . 14. 01 ft . ) extending a maximum length of
153± feet and average depth of 29± feet; (c ) 3 ' 8" by 18 ' _
storage shed (el . 14. 01 ft . ) within deck area at northeasterly
section .
5 . The structures are proposed with a setback of zero from
Southold Town Board of Appeals -3- July 27 , 1987 Special Meeting
(Appl . No . 3496 - KOEHLER decision , continued : )
the existing bulkhead, 44± feet from the highwater mark along the
rear property line , and setback of zero from the beach areas
directly below the existing bulkhead . Also proposed as shown
on the Site Plan stamped by the Suffolk County Department of
Health Services last d_ated _April 2 , 19.87 , are a forced main
sanitary connection line to the dwelling ' s existing sanitary
system (to the north )._, and new domestic water-line connection
to the existing dwelling ' s water system.
6 . The elevation contour lines are at variations at
the existing bulkhead from nine feet ; 10 .feet , 15 feet , 20
feet , and rising. to 30 feet and more.. No_ ,grade alterations
are shown in the. application, except minimally for the
placement of pilings, depicted on Drawing 3 of May 27 , 1987 .
Seepage of water from the "pond" area is evident above and
below_ the . bulkhead. where cabana--is proposed (see June 26 ,
1987 report from the Suffolk County Soil and Water Conser-
vation District ) . _
7 . The height of the structure from ground level to
roof ridge is shown not to exceed. 10 .feet from the 20 ft .
elevation contour and not to exceed .17 feet from the top of
existing bulkhead' (Draw ing 1 ,. 5/27�8„7) .
8. Outside entranceways are shown from the north
side and the south sides of -the structure.., . The structure
is proposed for "cabana" uses , including porch areas ,
baths including vanities , toilets , showers , dressing_
rooms , without storage areas . _
9. Article XI , Section 100-..119. 2 requires all build-
ings and struct.u.res to be set back not less than s.e.venty-five
(75 ) feet from a tidal water body , tidal wetland edge , .or -
fires hwater wetland .
10 .. Article III , Section 100-31 permits the establish-
ment of an accessory use only as listed therein for
storage purposes only and does not list cabana uses , cabins
or small houses such- as that proposed herein as a permitted
use . This application requests relief from Article XI ,
Section 100- 119 . 2 for a setback variance. and does- not request
or address relief for such use .
11 . The Courts have held that area setback variances .
Southold Town Board of Appeals -4- July 27 , 1987 Special Meeting
(Appl . No . 3496 - KOEHLER decision , continued : )
must meet the "practical difficulties" standard , consider-
ing at least the following : (a) _ that the relief requested
is not substantial in relation to the requirement; (b)
that the project as proposed is not out of character with
the neighborhood ; (c ) the circumstances of the property
are unique and are not personal in nature; ... (d) that the
variance will not in turn be adverse to the safety , health ,
welfare , comfort , convenience , or order of the._ town ; (e)
that the variance re-quested is the minimal necessary; - (f)
that there is no other method feasible for appellants to
pursue other than a variance ; (g ) the effect., i.f the variance
is allowed , of the increased population density "thus produced
on available governmental facilities ; (h ) whether in view of
the manner-in which the difficulty arose and in consideration
of the above factors , the interests of justice will be served
by allowing the variance .
12. It is the positi.on ':of the Board as follows :
(a ) that the relief requested is substantial "in rela-
tion to the requirements , being a variance of 31 ± feet , or
42% of the requirements ; _
(b) that the project as proposed is .not within the
character of the neighborhood or within. the intent of zoning
since the use of the -proposed structure is not in conformance
with those accessory uses permitted, by Article III , Section
100-31 of the Zoning Ordinance ; J
(c ) the circumstances of the property are not unique ,
particularly due to the available rear yard area between the
dwelling and the existing bulkhead area of more than 210
feet
(d ) the relief requested may be adverse to the safety ,
health , welfare , comfort , convenience or order of the town ,
particularly due to the closeness of the proposed structure
over the existing bulkhead and to the beach areas ;
(e ) there is another method feasible for appellant
to pursue other than a variance ;
(f) the variance if' allowed will not have an effect of
increased population density _thus . produ_ced on available- govern-
mental facilities ;
Southold Town Board of Appeals -5- July 27 , 1987 Special Meeting
(Appl . No . 3496 - KOEHLER decision , continued : )
(g ) in view of the manner in which the difficulty arose
and in consideration "of all the above factors , th.e interests
of justice will not be ,ser.v_ed by allowing the variance as
applied herein .
13 . It is further the determination of this Board that
the appellant has not demonstrated that a strict application
.,of Section 100-..119 . 2B of the Zoning Code would result in
practical difficulties and significant economic injury.
Accordingly , on motion by Mr. Grigonis , seconded by
Mr. Douglass , _it was
RESOLVED , to DENY the relief requested under Appeal No .
3496 in the_ Matter of the Appl_i,cat ion._ f-or FREDERICK KOEHLER, JR.
for a cabana with reduced setback from _bulkhead and highwater
mark , AS 'APPLIED.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted .
Southold Town Board of Appeals -6- July 27 , 1987 Special Meeting
DELIBERATIONS/DECISION: Appeal No . 3645 :
Application of PAUL AND 'CHARLOTTE GALGAN for a Variance to the
.Zoning Ordinance , Article XI , S.ection.' 10.07119. 2_, for permission to
construct additions to dwelling landward o.f exist_ing construction
and within 75 feet of existing bulkhead along Eugene ' s Creek , 4605
Stillwater Avenue , Cutchogue , 'NY; County Tax Map District 1000 ,
Section 137 , Block 03 , Lot 05 .
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 App.li_cation o_f ,PAUL AND CHARLOTTE GALGAN
under. Appe.al. No . 36.45 ; and
_WHER.EAS , at said hearing a.11 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
fam.i 1 i ar wi.th .the premises , i n question ,., its pr_es_ent zoning ,
and the surrounding areas ; and
WHEREAS , the Board made the following findings of fact:
1 . By this . application , appellants request a Variance from
the Provisions of the Zoning Code , Article XI.., Section 100- 119: 2 (B)
for -permission to construct : (a ) an 10 ' wide by 24' addition at
the westerly side of the existing single-family dwelling leaving
a si deyard__at not. less than. 15 feet and _a setback from _the existing
bulkhead at not less than. 56._ feet at its closest point ; (b) an
3 ' wide by 8 ' 7" addition at the easterly side of the dwelling
shown to be set back more than 60 .feet _from the... exi.sting bulkhead;
and (c ) 6 ' by 8 ' addition, with 4 ' 6'" by 8 ' landing ; all as more
particularly shown by construction plan prepared an.d amended
May 26 ,, 1987 (No. 857F) and sketched surveys submitted with this
application : _
2 . The premises in question is located along the
south (southeast) side -of Stillwater Avenue , Hamlet_..of ,Cutchogue ,
Town of Southold , containing a total lot area of.. 20,200± sq . ft.
and lo-t width _of 75 feet , an.d is improved with .._a single-family
one-story frame_ dwelling structure set back 39± feet from the
existing bulkhead along- Eugene ' s Creek , as shown on Young &
Young survey filed _under this application . The subject-
Southold Town Board of Appeals -7- July 27 , 1987 Special Meeting
(Appeal No . 3645 - GALGAN decision , continued : )
premises is also known as Lots 2 and one-half of 3 , "Map of
M. S . Hand Subdivision" filed in the Office -of the Suffolk County
Clerk September 19 , 1930 ,., Map No . 730.
3. Article XI , Section 100.-119. 2 requires all buildings
and structures to be set back not less_ than seventy-_five feet
(75 ) feet from a tidal water body , tidal wetland edge , or fresh-
water wetland.
4e It is the po.si.ti.on of this Board that the circum-
stances .of the property lend to the granting of the relief
requested_, particularly _due to the existing bulkhead separating
the wetland areas from the upland and due _to the fact that
the new- constructi.on is proposed landward of substantial
structures immediately upon the premises .
5 . - It is the opinion of the Board that :
(a ) appellants request is not unreasonable and is
the minimal necessary__;
(b) the project as proposed is within the character
of the neighborhood since the construction proposed is landward
of .existin.g construction in the area;
(c ) the circumstances of the property are unique ,
particularly due to the substandard size ;
(d) there is no other method feasible for appel -
lants to pursue other than a variance;
(e ) the variance wi11 not in turn . be adverse to
the safety , health , welfare , comfort , convenience or order of
the town;__ _
(f) in view of all the above factors , the relief
requested wi_11 be within the _spirit of the zoning ordinance_
ad will serve the interests of_. justice .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Sawicki , it was
RESOLVED , to APPROVE the variances as applied in the
Matter of the Appli.ca_tion of PAUL AND CHARLOTTE GALGAN under
Appeal No . 3645 , and more p„articularly described in paragraph
1 , supra .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
Southold Town Board of Appeals -8- Jdl:y 27 , 1987 Special Meeting
DELIBERATIONS/DECISION : : Appeal No . 3639 :
Application for WILHELM FRANKEN for Variances to the Zoning
Ordinance , Article III , _Sectio_n 100=.32 and Article XI , Section
100-119. 2 , for permission to locate 25 ' by 25 ' accessory building
in sideyard area and with insufficient setback from existing bulk-
head along Gull Pond Inlet. Location of Property: West Side of
Osprey Nest Road , Greenport , .'NY ; Cleaves Point -Subdivision
Section I , Map 2752 , Subdivision Lots. 14 and 15; County Tax Map
District 1000 , Section 35 , Block _6 , Lots 22 , 23 and 24 (now 24,. 1 ) .
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 WILHELM 'FRANKEN under
Appeal No . 3639 ; 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 concernin-g this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises , in question ,_ its present zoning ,
and the surrounding areas , and_.__
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellant requests Variances from
the Provisions of the Zoning Code for permission , to locate a _
25 ' x 25 'accessory (storage ) building-, at a point not closer
than 18 feet from _the front property line along Osprey Nest
Road and not less than 56 feet from the bulkhead at its closest
point , all as__ shown on sketched plan dated April 28 , 1987 ,
prepared by. J . H. Geideman .
2 . The premises in question cont.a.ins a total, lot area of
29 ,200± sq . - ft ._, is referred to on the Cleaves Point Properties__,
September__ 10__, 1_957 "Map. No . 2752 as. Lots, _14 , '15 _and a strip of 25 ,
and is improved with .,a si n,gl e-famj*ly dwe,l l i n.g set back 35_ feet
at its closest point to the front property l.ine and 32 feet from
the nearest bulkhead . The subject premises- is more particularly
known on the Suffolk County Tax Maps as District 1000 , Section
35 ,. Block 6 , Lot 24. 1
3. Article XI , Section 100-119. 2 requires all buildings
and structures to be set back not .less. than seventy-.five (75)
feet from a tidal water body , tidal wetland edge , _or freshwater
wetland.
Southold Town Board of Appeals -9- July 27 , 1987 Special Meeting
(Appeal No . 3639 - WILHELM FRANKEN , decision , continued : )
4. Article III , Section 100-32 requires accessory build-
ings to be located only in the rearyard area .
5. It is the opinion of the Board that the construction
of an accessory storage bu,ilding in any yard area upon this
parcel will require v-ari ances , _and. the, 1"oc.ati on chosen by this
appli.cati.on is the most feasible , provided it is placed as
app.) i ed .
6 . It is also the opinion of ,the. Board that :
(a ) appellants request is not unreasonable and the
circumstances of _the_ property" lend 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 ;
(f) in view of all the above factors , the interests
of justice wi,l 1 be served by...-granting the variances as applied.
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Sawicki , it was
.RESOLVED , to 'GRANT the relief requested under Appeal
. No . 3639. .in the Matter of .the Appl i_ca.ti_on for WILHELM 'FRANKEN.
to " construct " 25 ' by - 5 - - accessory (storages bu,il_din_� ; SUBJECT
'TO. '.THE. '.FOLLOW.ING COND.IT.I.ONS :
1 . Setbacks to be not closer than 18 feet to the front
property. line along. Osprey. Nest. Road and not --closer than. 56
feet to... the b,ul khead , _at .its closest points , as applied ;
2 . Accessory building sh.a,ll be used for storage
Southold Town Board of Appeals -10-July 27 , 1987 Special Meeting
(Appeal No . 3639 - FRANKEN decision , continued : )
purposes incidential to the residential use of this property ,
not to be operated for gain ;
3 . Accessory building shall not exceed height from
grade to ridge of 12 feet ;
4 . No plumbing facilities (except for outside hose
connections ) , and no sleeping or living area.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island. was
absent. ) This resolution was dul-y adopted.
CODE REVISION RECOMMENDATIONS : The Board Members
unanimously agre6d to Agenda Item III (A) , as follows :
I . Art . XI , Section 100-119. 2 and Ch . 97 (Wetland Projects )
A. Eliminate duplicate reviews by Z. B . A. and Trustees ,
OR
B. Add the following List of Exceptions for Z. B. A. reviews :
1 . New construction is landward of existing (legal )
construction , including bulkheads , accessory
buildings , principal buildings , stone walls (not
fences ) ; _
2 . New construction is landward of continual 5 ft .
elevation above mean sea level and/or more than
100 feet from highest ..b! Uff elevation .
3 . New construction is landward of neighboring
structure setbacks (as established ) .
[ Proof of the above to be furnished to Building
Inspector by certified survey when applying for building
permit . ]
C. Add Town Trustee jurisdiction for any activities within
75 feet of wetland areas and 100 feet of Sound bluffs .
D. Add Fishers Island waterways (Block Island Sound , etc . )
minimum setbacks .
II . Vacant Land C . O . s - Modify with disclaimer to Town , and
reliance on information submitted by. applicant is basis for
issuance of C . O . ; C . O . limited to size of property and does
not certify any other Codes or applicable regulations before
issuance of building permit and construction thereunder.
Southold. Town. Board of ,Appeals --11 - July 27 , 1987 Special Meeting
DELIBERATIONS/DECISION: Appl . No . 3638 :
Application of 'JAMES 'AND MARY 'TYLER for a Special Exception modifying
Appl . No_. 3400 to .pe.rmi t-- vehi,cl e .doo.rs fac,i ng street side as constructed
in this establishment of a public garage under Article VII , Section 100-
70 (B) [4] of the Zoning Code_. Loca.tion_. of Property : _ 6795 Main Road ,
Laurel ,_ NY_; Matti tuck Holding' Co. Minor Subdivision. _ Lot #3 ; County Tax
Map Di,str_i ct. 1000 , Section, 12.5 ;: Block 1 , Lot 1 9. 6 .
Following deliberations, `the. B.oard took the following action:
WHE_REAS, .pu,blic hearings were held on June. 18, 1987 and concluded
on . July." 163 _1987 ,_, in the Matter of the Application for JAMES AND _MARY
TYLER_ under Application No . 3638; 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 concernin_g_ this application ; and
.WHEREAS, the. Board Members have persona"lly viewed and are
fam.i.liar with:-the p remises . in question ,_ Its present zoning ,
_and the surrounding areas ; and
WHEREAS , the Board made the following findings of fact:
1 . The property in question is situated along the north side
of .the Main * Road State Route 25 ) , Laurel ; is known and referred to
as Lot #3 , Mattituck Holding Co . Minor Subdivision #274 , is located
in .the "B-l " General. Business Zoning District , and is identified .on
-the Suffolk_ " County. _Tax Maps as District '1000 , Section 125 , Block 1 ,
Lot 19 . 6 .
2 . . .The premises is presently improved with a public-garage
structure under construction pursuant to Building Permit #15482Z
issued November 10 , "1986 . The garage structure .is_ set back 185
feet from the front ."proper'ty li.ne (along the Main Road ) , with
minimum sideyards at 25 feet and 25 feet , all ' as shown by site
plan map prepared by Roderick Va.nTuyl , P .C . amended May _19 , 1986 .
The premises contains a total lot ' ar_ea of 52 , 530 sq . ft .._ with
133 ft. frontage (lot width) a7ong the north side of _the Main Road .
3. On January 9 , 19865 this. Board rendered a conditional
Special Exception under Application No . 3400 for ,the establishment
Southold Town Board of Appeals - 12- July 27 , 1987 Special Meeting
(Appl . No . 3638 - TYLER decision , continued : )
of a public garage for repair of motor vehicles . The original
determination was filed with the Office of the Town Clerk and
copies .distributed to the Building Department and the applicants ,
Mr. and Mrs . James Tyler , Jan-uary, 17 , 1986 .
4. On June 23 , 1986 , the Southold Town Planning Board
signed the Site Plan Map .
5 . On November 10 ; 1986 , Building Permit #15482Z was
issued , and construction of the- bu,il_ding commenced some time
thereafter.
6 . During the latter part of .March , 1987 , the Building
Department was notified of possible violations in the building
construction , and on May. 19., 1987_, this application was filed
for a modification of the_,_ Board' s. pr.evious..Action , Condition
No . 7 , under Application No. 3400 ....
7 . It is- the position of the Board that inasmuch as
the Building Department had not issued a Stop Work Order
during the. latter part of .March for violation of Condition
_No. 7 of th_e Z..B . A, decision by permitting the -vehicle doors
to face- the street- side rather_ th.an the rear , all. landscaping ,
dri vew'ay , curb cuts ,, parki ng areas , and .bu,i 1 di ng._ a_cti vi ti es
continued. At this p_oint , _substantial parking areas ,
egress , ingress , and._ most of the site_-,plan elements as well
as the building and landscaping , have been completed and '. .
would enta.i.l great expense by _the owners to modify .
8. It is the opinion of the. Board that the placement
of the building as constructed at 185 feet from- the front
prope.r'ty, line and ,planting of pine .along the sides lend
to the granting of this ap,plisatios n .
In considering this application , the Board has : (a)
considered. items [a] through [I_] of the Zoning Code ; ' (b)
determined the us-e -as a publ i c-__garage w.i l l not prevent the
orderly and reason.able ' use _of adjacent properties or of
properties in adjacent use districts ; (c ) determined the
safety , health , welfare, Icomfort, convenience , and order of
the. Town. w,i,11 not be adversely affected by the .proposed use
and its. location ; (d) determined that the use is in
harmony with and will promote the general purposes and
intent of _zoning since this is a .use permitted by legis-
lative action and. will meet All other requirements_-of the
_zoning code. and Conditions rendered under Application
No . 3400 ..
Southold Town Board of Appeals -13- July 27 , 1987 Special Meeting
(Appl . No. 3638 - TYLER decision , continued : )
Accordingly , on motion by Mr . Sawicki , seconded by
Mr. Douglass , it was
RESOLVED , to GRANT a modification of the Special
Exception rendered under Application No . 3400 on -January 9 ,
1986 , to permit the construction of vehicle entrance/exit
doors to face the street , as exists , as applied in the
Matter of JAMES AND MARY TYLER under No . 3638 , AND SUBJECT
TO THE FOLLOWING :
1 . Compliance with Conditions 1 , 2 , 3 , 4, 5 , 6 ,
8 , 9 , and 10 of. this Board ' s Decision -under Appl . No . 3400
rendered January 9 , 1986 ;
2 . Planting and maintenance of pine trees a length
of 110 feet _along both side property lines of the front
parking areas_, from a point _at _the front of _the existing
buildings and_ extendin..g to the the
berms.; pine trees
shall have a minimum height of .three feet , or higher
(without height limitation ) ;
3. No dismantled vehicles , parts or similar articles
in front of the building under_. any circumstances_; no dis-
mantled vehicles , parts or similar articles to be kept in
other yard areas (except by screened enclosure ) ;
4 . Any and all school buses and vehicles larger than
a passenger car to be_ kept within the rearyard area;
5 . Premises shall not be . used as a bus or other
large vehicle storage yard (except those under temporary
repairs ) .
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member .Doyen of Fishers Island was
absent . ). This resolution was duly adopted. ___
Southold Town Board of Appeals -14- July 27 , 1987 Special Meeting
NEW REVIEW: Appeal No.. 3651 - DEAN KAMEN. Wind tower at
excessive height. North Dumpling Island . Landward of five ._ L_ . '
ft ' contour . ) Variances for excessive height (more than 19' )
and possibly within 75 feet of wetland grasses (or low contours ) .
Inspections . we.re agreed.- for mid-August ., and hearing Sept. loth .
FISHERS 'ISLAND 'ANNUAL 'ME.ETING: The Board was again
advised__of the Fi_shers . Isla_nd ' Annual Meeting on August 5 , 1987 .
TIDEMARKJCLIFFSIDE ASSOCIATES UPDATE: The' Board
authorized the fo.11_owi.ng r.esp.onse to Henry Raynor ' s request
recently for an update concerning the Z . B.A. file :
" . . . Dear Mr . Raynor :
This letter will acknowledge receipt as requested of
one photocopy of the Sheet Index of Improvement Plan containing
the signature and stamp of the Health Department under Ref.
#C10-87-01.07. (received July 13 ,. 1987 ) , pursuant to our request
of__August_ l l , 1986 .
As confirmed with you by telephone several times , upon
finalization of the SEQRA_process , the Board will be in a
position to calendar this application for a public hearing .
Also confirmed was the fact that the Planning Board as lead
agency , has requested submission of the Draft Environmental
Impact Statement with appropriate amendments for the new pr-o-
ject (as amended for transient motel units ), and to date ,
the DEIS has not been re-submitted and is therefore incomplete .
Please continue to submit the required documentation
through the ,Planning. Board , as lead agency under this project.
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN .
Southold Town Board of Appeals - 15- July 27 , 1987 Special Meeting
PENDING HEARING: Consideration for alternative hearing
date .. . The Board members agreed to recess the public hearing
from August 20th to the September loth Regular Meeting in
the event Garrett Strang or Roger . Elston , Esq . is not avail -
able in the Matter of 'JOSEPH 'REINHART/FRED WIGHTMAN/DAVID FREY ,
for continued testimony. At this point in time , Mr . Strang
was not sure whether Mr. Elston would be available on the
August 20th hearing date and would advise as soon as possible .
APPROVAL 'OF MLNUTES . On motion by Mr . Grigonis , seconded
by Mr . Douglass_., it -was _
RESOLVED, to 'APPROVE the Minutes of the JUNE 30 , 1987
Special Meeting, as s.u.bmi tted .
Vote of the Board : Ayes ; Messrs .. Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen. was absent . ) This resolu-
tion was duly adopted .
CALENDAR OF HEARINGS FOR AUGUST 20TH RE-CONFIRMED:. AS CHANGED:
On motion by Mr . Goehringer, seconded - by Mr . Grigonis ; it was
RESOLVED , that the following matters BE AND HEREBY ARE
SCHEDULED for public hearings t,o be held on THURSDAY , AUGUST 20 ,
1987 before the Southold Town Board of_. Appals at the Southold
Town Hall , Main Road, Southold, New York.__ ._
7 : 35 p .m. Appl . No . 3602 - MARGARET McNAMARA. Wooden deck
addition with insufficient setback from existing timber bulkhead
and Peconic Bay. 640 Takaposha .Road (Private Road #15) , Southold.
7 : 40 p .m. Appl . No . 3646 ; ROBERT AND NANCY MUIR. Addi -
tions to dwelling with an insufficient rearyard_ setback and
insufficient frontyard setback-. Corner of Gillette Drive and
Cleaves Point- Road , East Marion .
7 : 45 p .m. Appl . No . 3643 - 'EUGENE PERINO . New dwelling
with (or without) deck addition within 75 feet of wetlands along
the shoreline of Marion Lake . W/s. Private_ ROW (Truman Path ) ,
East Marion .
Southold Town Board of Appeals -16- July 27 , 1987 Special Meeting
(Hearings Calendar for 8/20 , continued : )
7 : 50 p .m. Appl . No . 3644 - REINHART, JOSEPH & OTHERS .
(Recessed from July, 16 , 1987 for additional documentation and
testimony) . Multiple uses in _ this "A-40" Zone District and
interpretation to permit retail sales and storage , offices ,
personal -service store or shop,. ( "B-Light" Business uses , in
conjunction with existing single-family dwelling unit . ) N/s
Main Road , Peconic .
8:00. p .m. Appl . No . 3647 -'. 'JOHN AND JOAN WETZEL . Addi -
ti ons with reductions i.n si.deyard_.an ad.d.i_ti_on landward of
exi_sti:ng dwel l fng structure- .70_} .fe.et - from nearest wetl and edge/
highwate.r..mark along Euge'n,e: Cre.ek , 4635 Pe,quash Avenue ,
Cutchogue .
8 :05 p ..m Ap,pI No . 36.48 FERUCIO. FRANKOLA. Swimming-
pool , desk and fence._.,_encl o_sure wi th.i n. 75 feet of wetland area
along West Creek. 1600 ..Glenn Road , Southold.
8-10 p .m . Appl . No. - 3655 ELLEN HOPE DeMARIA. Variance
from Condition No . _1 rendered. J.u'ly- 8,__.1.965 under Appeal No . 785
and Art , III , Section 100' 32, for._approv.al of construction of
accessory storage shed_„_.in_fron_t' yard , W/s West View Drive ,
Orient .
8 :15 p .m. Appl $ No . ' 3656 'NIC.HOLAS IPPOLITO . Garage
addition with insufficient _s.outhe.rly :s-ideyar-d ,_ total sideyards ,
excessive lot cover:a_ge , and insufficient setback from bul.khead .
2.30 Carole.. Road , 'Southold .
. 830 p .m. A 1 No 3653 -. '
.NORTH ROAD ASSOCIATES. Vari -
ance for approval. of _access_ over, ,-1.70± .f.t-.- -len.gt.h of private
right-of--way extending off the. N/s Main ,Road , Orient.
8 :40 .p .m, Appl .. Noe 3660 -� PUDGE 'CORPORATION. Special
Exception' to _construct one--story :mi.ni =s.tor.age buildings at a
maximum height of ,15 feet , 'at variance from- Cond. -. No . 8 of
Appl . No . 3625 rendered June 30,. 1987, and with minimum set-
backs as scaled on corrected Au.g.ust: 5 ,, 1987 Map. E/s Horton
Lane, 'Southold.
8 40 p .m'.. Appl .. No . ' '3592 -: '.B.E.NTE SNELLENBURG. Recessed
from July::. 1,6 , .:1987_ : asagreed, Va_ria.n_ce_ for : 1 fence at
excessive height , and (2 ) appeal of Order to Remedy Violation
Mandating Building Permit for fence.
8 : 50 p .m . Appl . No . 36,67 E.RNE.ST. TARMIN . Accessory
stairs and platform-. ' Premises along. ROW: off N/s Main Road , Orient.
Southold Town Board of Appeals - 17- July 27 , 1987 Special Meeting
(Hearings Calendar for 8/20 , continued : )
8 : 50 p .m. Appl . No . 3654 - WILLIAM MOORE AND BENJAMIN
HERZWEIG . To establish "building . envelope" with setbacks of
not less than 38 ft.. from nearest wetland along two-foot contour
and.'not less than 30 feet from the front property line , as
approved under Appl . No . 3412 June 30 , 1987 ._. 675 Meadow Lane ,
Mattituck Estates , Mattituck .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Dbyen -of. Fishers Island was absent. )
This__ resolution was duly ' adopted .__.
NEW REVIEW.: Appl . No . 3652 filed July 20, 1987 :
Matter o.f GUI_DO, AND ANNA, CIACIA by J . Kevin_.McLaughlin , Esq .
for area_, wi dth ,_.d_epth_;- yard' setback , vari ances: Proposed
set-off division . B-Light Zone , Corner of S/s Ma_in Road and
E/s Kerwin Boulevard., Greenport . The Board noted that clear
ance has not been received concerning Co . Health Art. VI
review and Planning Board coordination commenting on subdivision
elements . : Greenport Village water and sewer utilities exist
for this property.
NEW 'REVIEW: Appl . No . 3649 -' 'WILLIAM 'AND CHRIS CONNORS .
Proposed dwelling con-struction within 75._ feet of freshwater
wetland grasses .,. West Drive , Southold . The Board noted that
clearance has not been received from the Town Trustees at this
point in time , and this matter should- beheld over to the
following calendar pending receipt of. same ._
"PENDING: Deliberations/decision in the Matter of
GEORGE D . DAMIEN under Appl . No. 3581 . The Board indicated
that this matter would be carried over until August 20th
when a full Board was present . (The hearing was concluded
on July_ 16th . )
PENDING : Appl . No. 3635 = ARTHUR V . JUNGE. Deliberations/
decision . ' The hearing was concluded ' July 16th. No decision was
rendered at ' this time.. and this matter should be carried over to
the next meeting .
Southold Town Board of Appeals -18- July 27 , 1987 Special Meeting
The Meeting was declared adjourned at 8 : 15 o ' clock p .m .
Respectfully submitted ,
Linda F. Kowalski., Secretary
Southold Town Board of Appeals
. August 13 ; 1987
erard P . Goe ringer', Chairman
August 20 , 1987
` +
sou
do1Town:.,Board
�- 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
WAIVER OF NOTICE
OF - SPECIAL MEETING
WE, he undersigned, being Members of the Zoning Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
.of the Meeting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
Monday , July 27 , 1987 , 7 :00 p .m. , ,and do hereby
consent that the same be held on said date for the transaction
of any business which may properly come before said meeting.
DATED: July 27 , 1987 .
Southold, New York. Gerard �P. Godhrin , Chairman
Charles Grigoni , r. , ember
Serge J. o n, Jr. , em r
b rt Dougla s , ember
RECEIVED AND FILED BY
THE So
TOWN CLERK seph Sawicki , Member
DATE 4- /9,7Hom 3
Town Clerk, Town of So ai
old