HomeMy WebLinkAboutZBA-06/30/1987 SPEC �oS�FFo��oG
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.'DOUG LASS
JOSEPH H. SAWICKI M 'I N U. T E S
SPECIAL '-MEETING
TUESDAY .' JUNE 30.;- 1987
A Special Meeting of the Southold Town. Board of Appeals '+
was held_ on Tuesday ; June 30 ; 1987 commencing at 7 ::00_, o.' c1_ock
of.-the i_n the Office_ of. the Buil.d_ing. Department at. Town Hall ,
Main Road , Southold ,,. New York .11971 . ._
Present were : Gerard P . Goehringer , Chairman ; Charles
Grigonis , Jr . , Robert J . Dou.gl_ass ; and Joseph H. Sawicki-,
_constituti.ng four members -of __the.- Board of Appeals . Absent
was : Serge Doyen (.Fi s hers.._Isl and . Also p_r_esent were
Victor Lessard , Bui,._lding-Department Administrator , 'Janet
carrell_, Suffolk Times Reporter , and Linda Kowalski , Z. B.A.
Board_ Secretary. _
The Chairman opened the meeting at 7 :00 p.m. and
proceeded with the first item on the agenda , as follows :
I (a ) - Appeal No . 3418 - GRETCHEN HEIGL. Improvements
to right-of-way pending inspections and acceptance in accord-
ance with Z . B.A. conditional approval and Jack Davis Report
No . 600 . It was noted that individual board member inspections
have not been completed since receipt of Mr. Davis ' Report on
June 26 , 1987 . The Board agreed that the result of inspections
will be reported -within the next week .
I (b ) - Appeal No . 3643 - EUGENE PERINO . New application ,
for a proposed deck addition within 75 feet of wetlands along
shoreline at Marion Lake , East Marion . In researching the
history of this parcel , it was found that the parcel is
presently_ vacant and .that a building permit was issued for
_a new dwelling at 75 feet , more. or less from the shoreline
without a_ deck addition . The Notice of .Disapproval indicates
that a deck addition was applied for ,,.. however , it .is ques-
tionable as to whet.her the setback of the proposed.'.dwelling
is 75 feet from the wetlands line , . o.r the shoreline , wh..ichever
is closer. The. Board agreed .this should be clarified and
a copy of the Town Trustee action submitted before advertising
this application for public hearing for August 20 , 1987 .
Southold Town Board of Appeals -2- June 30 , 1987 Special Meeting
PENDING•-DELIBERATIONS/DECISION : Appl . No . 3629 :
Application of IRWIN AND SONDRA THOMPSON . Variance to the Zoning
Ordinance , Article VI , .Section 100-62 E ' and Article VII , Section
100-71 , for approval of an insufficient sideyard setback to an existing
structure and proposed new structure resulting from an alteration in
the location of lot line of abutting parcel to the east. Zone District :
"B-1 General Business . " Location of Property : Corner of the north
side of Main Road and east side of. Boisseau Avenue , Southold ,. 'NY
(Thompson ' s Emporium ) ; County Ta_x Map Parcel ID No . 1000=63-03708.
Following deliberations , the Board took the following action :
WHEREAS , public hearings were held on May 21 , 1987 and concluded
on June 18 , 1987 , in the Matter of the Application of IRWIN 'AND
SONDRA THOMPSON under Appeal No . 3629 ; and
WHEREAS , at said hearings all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning ,
and the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellants request a Variance from
the Provisions of Article VI , Section 100-62 (E) , and Article VII ,
Section 100-71 , in this proposed re- location of lot line which
creates an insufficient sideyard setback of an existing 12-story
building at not less than 16 feet rather than 31 feet (a,s presently
exists,) . . Also proposed is the location of a new one-story building
of a size 40 ' by 50 ' with an minimum open sideyard area of 16 feet
from the proposed re-division line .
2 . The premises in question is located along the north side
of the Main Road , extending from the northeasterly corner at
intersection with Boisseau Avenue , Hamlet of Southold , Town of
Southold , and is identified on the Suffolk County Tax Map as
District 1000 , Section 63 , Block 03 , Lots 08 and 09 , containing
a total area of 47 ,371 sq . ft. and 2 .0 acres , and 244. 70 ft .
1
f
Southold Town Board of Appeals -3- June 30 , 1987 Special Meeting
(Decision - Appeal No . 3629 - THOMPSON , continued : )
frontage and 85 . 00 ft . frontage , respectively.
3 . The subject parcels are located in the "B-l " General '
Business Zoning District . The easterly parcel is vacant , and
the westerly parcel . is improved with the following structures :
(a) one-story building presently occupied by "Thompson ' s
Emporium" ; (b ) 12-story building setback 39 feet from the front
property line and 31 feet from the present division line .
4. The relief requested by this application is due to the
relocation of the present lot line between the westerly lot (Lot A)
and the easterly lot (Lot B) , gaining an additional 15 ft. frontage
for Lot B (for a total frontage of 100 feet) , creating a reduced
sideyard setback from the existing 12-story building from 31 feet
to 16± feet , all as shown on survey map prepared May 19 , 1987 by
Roderick VanTuyl , P . C . , and site plan prepared March 9 , 1987 by
Garrett A. Strang , Architect.
5. Also proposed is a 40 ' by 50 ' one-story building to
be setback not closer than the setback for the most southerly
12-story building at 16 feet (from the proposed re-division. . line ) .
6 . It is noted for the record , however , that in the event
that appropriate approval (s ) from the Southold Town Planning
Board concerning the division of this property is not
approved , the setbacks must be maintained as required by Article
VI , Section 100-62 (E) and Article VII , Section 100-71 , for a
minimum -sideyard at 25 feet and rearyard setback (at the northerly
yard area for this corner lot) at not less than 35 feet.
7 . It is the opinion of this Board that although the
amount of relief requested to reduce the sideyard of the exist-
ing structure (as exists ) to not less than 16 feet is substantial ;
however , the lot width (frontage ) of the abutti.ng parcel will
be increased , which would alleviate any potential setback
difficulties on an 85-ft . wide parcel with the additional
15 feet (to 100 ft. in width ) . Article VII , Section 100-71
Bulk Schedule of the Zoning Code requires a minimum sideyard
at. 25_-.f.e:e:E.: .a.n,d.-,t.ota.l, :,s.isde.y.ar;d,s._ at;-.50. '.f.e.et._,fQr._
parcel (1000-6343-'.0.9) , leaving a more.. feasible building area .
In considering this appeal , the Board also finds and
determines :
(a) the percentage of relief requested is substantial ,
being a variance of 40% of the requirements ;
1 1
Southold Town Board of Appeals -4- June 30 , 1987 Special Meeting
(Decision - Appeal No . 3629 - THOMPSON , continued : )
(b) the circumstances of the property are unique ;
(c ) there will not be a' substantial , detrimental change
in the character of the neighborhood ;
(d ) there is no other method feasible for appellant
to pursue other than a variance ;
(e ) this project is consistent with the spirit and
intent of .zoning;
(f) the grant of this variance will not effect govern-
mental__ facilities of any increased popul:_ation ; _
(g ) in view of the manner in which the difficulties
arose and in view of all the above factors , the interests
of justice will be .served by granting relief, as condi -
tionally noted.- below . _
Accordingly , on motion by Mr. Sawicki , seconded by Mr.
Douglass , it was
RESOLVED , to GRANT a Variance in the Matter of the Applica-
tion of IRWIN AND SONDRA THOMPSON under Appeal No . 3629 for
reduction in sideyard setback of the existing 12-story building
and proposed one-story building to not less than 16 feet , as
applied and SUBJECT TO THE FOLLOWING CONDITIONS :
1 . There be no further sideyard reductions on either
parcel for any other buildings , structures , or additions ;
2 . Planning Board ' s recommendation for a minimum , 50-ft.
distance between the proposed new building and any future
proposed building (s ) on the vacant (easterly) parcel known as
1000-63-03-09. [ In effect , a setback of 34 or more feet will
be necessary including the 16 ft. setback approved for new
buildings on the vacant parcel immediately near the existing
buildings on the westerly improved parcel . ]
3 . The lot width (frontages ) along the north side of
the Main Road for the westerly parcel at 229. 70 feet and the
easterly parcel at 100 feet , as proposed herein .
4. Planning Board approvals . . [ In the event this lot-line
Southold Town Board of Appeals -5- June 30 , 1987 Special Meeting
(Decision - Appeal No . 3629 - THOMPSON , continued: )
project is not approved by the Planning Board under Chapter 106.
of the Code , this variance will automatically be terminated ,
null and void . ]
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was unanimously adopted.
DELIBERATIONS/DECISION : Appeal No . 3640 :
Application of FRANK AND EDITH SAWICKI . Variance for approval
of insufficient width of three parcels in this pending Minor Subdivi -
sion , each having a minimum lot area of 80 ,000 sq . ft. Location
of Property : north side of C. R. 48 (a/k/a North Road ) , Southold ,
NY ; County Tax Map Parcel ID No . 1000-51 -3-12 . 1 , containing 15±
acres .
Following deliberations , the Board took the following action :
WHEREAS , a public hearing was held and concluded on June 18 ,
1987 in the Matter of the Application of FRANK AND EDITH SAWICKI
under Application No . 3640; 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 15-acre parcel of land
with 406 . 70 ft . frontage (lot width ) along the south side of
Sound View .Avenue and 375± . ft. frontage along the north side
of C . R . 48 (a/k/a North Road) , in the Hamlet of Southold, Town
of Southold . The entire premises is used for agricultural
purposes .
Southold Town Board of Appeals -6- June 30 , 1987 Special Meeting
(Decision - Appeal No . 3640 - SAWICKI , continued : )
2 . The subject premises is located in the "A-80" Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000 , Section 51 ,. Block 3, Lot 12 . 1 .
3 . By this application , appellants request a variance for
the proposed lot width (frontage ) of Lots 1 , 2 and 3 as
follows : (a) 135 . 79 feet for Lot #1 , (b) 137 . 56 feet for
Lot #2 , (c ) 133. 35 feet for Lot #3 . Each of the proposed
lots will contain a minimum lot area of 80 ,000 sq . ft.
4. In viewing the immediate area , it has been found that
a majority of the parcels located on the north side of Sound
View Avenue directly opposite the subject premises have lot
widths/frontages of the same length , or less , and therefore
there will be no substantial .change in the character of the
immediate area .
5 . It is the oposition of the Board that the relief
requested is the minimal necessary , particularly since the
lots conform to the zoning code in all other respects and
since there is no other method feasible for appellants to
pursue , other than this variance application .
In considering this appeal , the Board also finds and
determines :
(a) the percentage of relief requested is not substantial ,
at 20% of the requirements ;
(b) the circumstances of the property are unique ;
(c ) there will not be a substantial , detrimental change
in the character of the neighborhood ;
(d ) there is no other method feasible for appellant
to pursue other than a variance ;
(e ) this project is consistent with the spirit and
intent of zoning ;
(f) the grant of this variance will not affect govern-
mental by increased population ;
(g ) in view of, the manner in which the difficulties
Southold Town Board of Appeals -7- June 30 , 1987 Special Meeting
(Decision - Appeal No . 3640 - SAWICKI , continued : )
arose and in view of all the above factors , the interests
of justice will be served by granting relief, as condi -
tionally noted below.
Accordingly , on motion by Mr. Grigonis , seconded by
Mr. Goehringer , it was
RESOLVED , to GRANT the relief requested under Appeal
No . 3640 for lot width of proposed Lot #1 of 135. 79 feet,
Lot #2 of 137 . 56 feet, Lot #3 of 133. 35 feet , as applied
in the Matter of _the Application of FRANK AND EDITH SAWICKI
SUBJECT ' TO THE 'FOLLOWING CONDITIONS :
1 . There be no future lot-line changes or lot area
adjustments ;
2 . Future construction shall conform to the require-
ments of Column A-80 of the Bulk Schedule as to setbacks , etc.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
and Douglass . (Member Doyen of Fishers Island was absent.
Member Sawicki was absent from vote . ) This resolution was
duly adopted.
DELIBERATIONS/DECISION : Appeal No . 3439 :
Application of ARNOLD AND KAREN BLAIR. Variances to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of
insufficient area and width of two proposed parcels in this pending
division of land located at Cedar . Lane (and. Pine Place ) , East Marion ,
'NY; "Map of Section 2 , Gardiners Bay Estates" Map. No . 275 , Lots 156 ,
157 , 1583 1.59 ; 160 , 167 thru 172 , inclusive , 151 , 153; County Tax
.Map Parcel....No.. 1000-037-7-10 ._2 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on May 21 , 1987
in the Matter of__ the Application of ARNOLD AND KAREN BLAIR under Appeal
No . 3439; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony _r_ecorded; and
f f
Southold Town Board of Appeals ~8- . June 30 , 1987 Special Meeting
(Appeal No . 3439-BLAIR , decision , continued : )
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 95 ,000± sq . ft. vacant parcel
of land, located at the easterly side of Cedar Lane , East Marion , in
the__.Town of; .Southo _ld , having a frontage of 208_. 71 feet along Cedar
Lane . . a partly traveled road , and frontage along.. the ordinary
,highwater mark of. .Gar.diners. B'ay of 326 feet.
2 . The subject premises is referred to as Lots 156 , 157 , 158 ,
159 , 160 ,.. 167 , 168, 169 , 170 , 171 , 172 , 151 and 152 on the "Map of
Section .2 ,__ Gardi ners_ Bay _Estates_, " _fi led. i_n the Suffolk County Clerk ' s
Office as Map No . 275 on September 23 , 1927 . To date , no town action
has been taken concerning exemption of the lot area of the subject
premises , and accordingly is subject to the requirements of
Article III , Section 100731 , and Bul�%Schedule.
3 . By this application , appellants request the following
relief:
(a) insufficient total lot area of proposed Parcel #1 ,
including a substantial amount of land underwater and a 30 ft.
wide paper street known as "Beach _Court" on the 1927 County
Subdivision Map , of 53,000 sq.. ft. ;
(b) insufficient total lot area of proposed Parcel #2 ,
including a substantial amount of land underwater and a_ 30 .ft.
wide paper street known as "Beach _Court" on .the 1927 County
Subdivision Map , of 42 ,000 sq . ft. ;
(c ) insufficient lot width of proposed Parcel #1 and
#2 of. 117 . 30± feet and ,_134. 50± feet , respectively .
4. Article III , Section 100-31 , Bulk Schedule of the Zoning
Code requires _a minimum lot area of 80 ,000 sq . ft. and minimum
lot width of 175 feet . It is also noted. that the minimum set-
backs for new__principal structure (s ) in this District is 60
'feet from the front line , 75 feet from the rear line , 75 feet
Southold Town Board of Appeals -9- June 30 , 1987 Special Meeting
(Appeal No . 3439 - BLAIR decision , continued : )
from the nearest wetland grasses , or water, whichever is closer ,
and sideyards at 20 and 25 .
5 . The percentage of relief requested from the minimum
lot area requirement of 80 ,000 sq . ft. , when including all lands
below the ordinary highwater mark and paper streets as shown ,
is 27 ,000 sq . ft. for Parcel #1 and 38 ,000 sq . ft. for Parcel
#2 . The percentage of relief requested from the minimum
lot width requirement of 175 feet is 50 feet and 40 . 40 feet ,
Parcels. #1 and 2 respectively.
6 . It is the opinion of this Board that the relief
requested is substantial , being a variance of 34% and 47%,
Parcels #1 and 2 , respectively as to lot area . The total
lot area as exists without the variance is not excessive
of the Town requirement of 80 ,000 sq . ft. and does not
overburden the property owner.
7 . Also noted is the fact that the highwater mark as
shown on the 1927 County Subdivision Map is reflected along
the most southerly (rear) property lines of Lots 167 through
172 , inclusive . The recent survey as amended November 18 ,
1986 indicates the ordinary highwater mark above the northerly
lines of Lots 167 through ,_172 , with fragmite wetland grasses
upland . The elevations_ above mean sea level of ..the premises
varies from zero to six feet along the west property line
and zero to seven feet along the east property line. The
subject premises is a very environmentally-sensitive area and
is located in partly in the A-7 (El . 9 ) and V-8 (El . 11 ) Flood
Zones .
In considering this application , the 'B:oard also finds
and determines :
(a) the percentages of relief requested as to lot area
and lot width are substantial and would. in effect establish
a zone "district completely at odds with. all other zone
districts provided for in the zoning code and zoning map
(b) the premises was conveyed to the applicants on or
about July 25 ,__ 1983 , subsequent _to the enactment of the current
80 ,000_..s._q. ft. zoning requirements , and the circumstances
are not unique ;
(c ) the difficulties claimed are not sufficient to
Southold Town Board of Appeals -10- June 30 , 1987 Special Meeting
(Appeal No. 3439 - BLAIR decision , continued : )
warrant a grant of the relief requested ;
(d ) the character of the immediate area will be
affected by the granting of the variances requested;
(e ) the environmental nature and history of this
property does not lend to the reasoning for increased den-
sity and housing ;
(f) in view of the manner in which the difficulties
arose and in consideration of all the above factors , the
interests of justice will best be served by denying the
variances applied .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , to DENY the relief requested in the Matter
of the Application of ARNOLD AND KAREN BLAIR under Appeal
No . 3439 , .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.
DELIBERAT.I.ONS/DECISION: Appeal No . 3412 :
Application of WILLIAM MOORE AND BENJAMIN.. HERZWEIG (previously
Cramer and Herzweig ) for Variances to the Zoning Ordinance ,
Articles : (a) XI , Section 100-119. 2 for an insufficient setback
from wetlands area , and (b ) III,_, Section 100-31 for an insuffi -
cient frontyard setback , for a proposed single- family dwelling
structure at premises known as 675 Meadow Lane , Mattituck Estates
Map #4453 , *Lot #42 , Mattituck , NY ; County Tax Map District 1000 ,
Section 115._, .Block 05 ,. Lot 007 , _containin_g . 51 ± acre .
Following deliberations , the Board took the following action :
WHEREAS , a public hearing was held and concluded on June 18 ,
1987 . in - the Matter of the Appl.ication_ .of WILLIAM MOORE AND BENJAMIN
HERZWEIG under Appeal. No . 3412 ; and
Southold Town Board of Appeals - 11 - June 30 , 1987 Special Meeting
(Appeal No . 3412 - MOORE & HERZWEIG decision , continued : )
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. Boar.d Members have personally viewed and are
familiar with the premises in question , its present zoning ,
and the surrounding areas ; and
WHEREAS , the. Board made the following findings of fact :
1 . By this application , appellants request .Variances from
the Provisions of ,the Zoning `Code ,_ Art.i:cles : (a) XI , Section
100-,119. 2 (b) for_-permission_ to locate a _proposed single-family
dwell-ing ;. structure with an insufficient -setback at 38 feet and
at _43 feet , from the nearest wetland grasses , from the north-
easterly corner and southeasterly corners , respectively , and
(b) I_II , Section. 100-31 , Bulk Schedule for permission to
l ocate new .dwe.,11 i n-g wi.th an ,_i nsuffi,ci ent_, setback at 38 feet
and at 43 feet, from the nearest we;tl.and grasses , from the
northeaste-rly corner and the southeasterly corner , respectively ,
(b) III , Section. 100=.31 , Bulk Schedule for permission to
locate n.ew .dwe..11in_q wi.th an insufficient fron'tyard setback at
its close.st 'p.oints at 25 feet, :a_ll as shown by Survey prepared
by Young. & Young , dated June. _5 ,, 1987 ... . _
2 . The premises in question is known and referred to as
. Lot #42 , Map of ,"Mattituck Estates , Inc . " filed in the Office
of. .the Suffolk County Clerk on September--8 , _1965 as File No .
4.453.
3 . The subject premises is. located along the east side
of ,Mea_dow.-.Lane in the. Hamlet 'of Mattituck ,_ Town of Southold ,
with a frontage of. 115 .fe,et , is vacant land , contains an
acreage_ of . . 5_1 +, and___has a frontage of ._95 . 94 feet along pond
meadow .and wetland areas .
4. Article XI , Section. 10.0-.,119. 2 requires all buildings
and stru.c.tures to be set back_ no_t_ less th.an seventy-five (75 )
.feet from. a tidal water body , tidal wetland edge , _o_r freshwater
wetland .
5 . Article, III , Section. 100-3.1 , Bulk Schedule of the
Southold Town Board of Appeals -12-June 30 , 1987 Special Meeting
(Appeal No . 3412 - MOORE & HERZWEIG decision , continued : )
Zoning Code requires a minimum setback from the front
property line for principal buildings at not less than
35 feet , or the average established setbacks within 300
feet . The average established setbacks are not less
than 35 feet from the front property lines .
6 . The Courts have held that the area setback
variances must meet the "practical difficulties " standard ,
considering at least the'-following : (_a ) that the relief
requested is not substantia_1 in relation to the requirements ,
(b) that the project .as pr_o.posed. .is.' not .out of ch__aracter
with the nei g.hborhood ; ._(_c )___the .ci rcumstances.__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 ) t_hat .the. variance requested is the
.minim,al necessary; M. that there is__ no other method
feasible for appellants to pursue other than a variance .
7 . It is the position of the Board as follows :
.:(a ) th.at the relief requested is substantial in
relation to the requi.rements-_, being variances of ..10 feet
(or 30%) as to the_- reduction in the front hard , and of
37 'feet [or. 50%] as to the reduction in wetlands setback ;
(b) the project as proposed is not within the
character of .the -neighbor_hoo-d since the improvements
on parcels in the immediate area are in compliance with
the zoning regulations ;
(c) the .circumstances of the property are unique ,
particularly .due to the topog_raphy _and_ nature of the
_site , which,_ limits the areas_, of construction;
(d ) the ,alternative relief granted herein will
not in turn be adverse to the safety , health , welfare ,
comfort , convenience , or order of the town;
(e ) the alternative relief`, (in the frontyard area)
is the minimal necessary; _
(f) there is no other method feasible for appellants
to pursue other than a variance .
Southold .Town Board of Appeals -13- June 30 , 1987 Special Meeting
(Appeal No . 3412 - MOORE & HERZWEIG decision , continued: )
8 . In making this determination , it shall be understoo.d
that the alternative relief granted hereunder would permit
construction within the limited building envelope area , to
wit , 30 feet from the front' (west ) property 1_ine , 38 and 43
feet from the._ wetland boundary (to -the_ eas_t) , minimum 10 ft.
and 15 ft. sideyards [as regulated by the. Bulk Schedule of
the Zoning Code_, Co . umn "A" ] ,._ wi thou_t the necessity of
re-application for reconsideration by this Board concerning
po,ss.i,ble amendments in the design , style , length , character ,
.etc . of the proposed dw.e.11ing s_tructu_re . -Any_ reduction of
the setbacks__ to_. less than that permitted by this variance
and the zoning regulations ( "bu.ilding envelope" ) wi.11
require future ap-,plication and consideration ...
9. It is noted for the record :
(a) that conditional approval was rendered by the
Southold. Town. Board of Trustees for Wetland Permit__ No . 312
for the construction of -.a .si'ngl.e-fam,i ly dwelling;
(b) that a Final Environmental Impact Statement has
been prepared and-- submitted to the Southold Town Trustees
as Le_ad _Agency pursuant to Part 617 ,. NYCRR, Article 8 of
the_- Environmental Conservation. Law ; and Chapter 44 , Code
of ,the. Town. of .Southold ;
(c) that both well and sanitary 'systems were condi -
.tion.a.11y approved by the Suffolk County Department of Health
Services_ .on--September, 13 ,. '1985 under Ref. _No . 85-SO-164;
(d ) that. lot point (s ) , with catch basins , are to be
incorporated into the westerly (driveway) area to collect
storm--w.a.ter .runoff; gutters and, leader_s to be connected to
dry-we.,lls ; no construction of sewage-disposal systems or
water-supply fac.i l i.ti es w,i.l 1 be constructed below the
10-foot _c_ontour; "natural buffers" are to be designed
within the entire area below _the, 10-foot contour line ;
there. will be a natural buffer du__rin.g and after construction
adjacent---to the wetlands ;
(e ) a September. 4,. 1985 waiver has been issued by the
N . Y . S . Department of Environmental Conservation waiving a
per:mi_t for the construction of .a single-family dwelling
landward of..the existing 10=.foot contour elevation above
mean sea. level (on a gra.dual,. na.tur.aI sIop_e ) . .,
Southold Town Board of Appeals -14-June 30 , 1987 Special Meeting
(Appeal No . 3412 - MOORE & HERZWEIG decision , continued : )
Accordingly , on motion by Mr. Sawicki , seconded by
Mr . Douglass it_ was _.
RESOLVED , to GRANT the following relief in the Matter
of the Application- of 'WILLIAM 'MOORE _AND :_BEN_JAMIN HERZWEIG
under Appeal No . 3412 , for the location of a single-family
dwelling :
(a ) with an insufficient setback at the most north-
easterly corner of the proposed dwelling structure at 43
feet from the nearest wetlands grass , and at 38 feet from
the most southeasterly corner of the proposed dwelling
structure from the nearest wetlands grass , as shown by
the June 5 , 1987 survey prepared by Young & Young , as.
applied ; and
(b) with an insufficient setback at not less than
30 .feet from the front _property. line at its closest
point (s ).., as an al ternati v_e to the requested .25 feet.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
abs-ent . ) This resolution was dul.,y adopted .
Southold Town Board of Appeals- 15- June 30 , 1987 Special Meeting
DELIBERATIONS DECISION: Appeal No . 3634:
Application of 'RICHARD F. 'MULLEN ; JR. Variance to the Zoning
Ordinance., _ Article XI__, Section 100=119. 1 A for permission to erect
fencing in the frontyard area w.i-th a..._maximum .height of six feet.
Location of Property : East Side of Cottage Place , Southold , NY ;
County Tax Map District 1000 , Secti-on 62 , .Block 3 , Lot 19.
Following deliberations , the Board took the following action :
WHEREAS , a public hearing was held and concluded on June 18 ,
1987 in the Matter of the Application of RICHARD F. MULLEN , _JR . .under
.Application No. 3634 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony re-corded; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , _ its present zoning ,
and the surrounding areas ; and .
WHEREAS , the. Board made the following findings of fact :
1 . By this application , appellant requests a Variance
from the Prov-isions of Article XI , Section 100-.119. 1 , ,sub- .
.paragraph for permission to extend height of propos_e.d
fenci ng_.,al_ong .he frontyard areas to a., maxi.m.um of six feet
.for protec.ti.on of _vehicl-es for the employees of Mullen.--.,Motors .
2 . The premises in question is located along the east
side of Cottage ,Place , Southold , with frontage of. 1.04. 60 feet ,
contain-s- an area-- of .approximately. 18,000 sq . _ ft..,_ and is more
particularly desi gnate_d on the S_u f fol k Coup-ty__Tax Maps as
District, 10_00 , Section 62 , Block 3,- :Lot 19.
3 . . For the record it is noted : (a) that the subject
premises is._.presently vacant , and (b) a conditional vari._ance
was granted concern-ing these premises April 2 , 1987 under
Appeal No . 3608 for use of .the property _-fo.r_ em,ployee parking
of ,Mu,llen Motors_ only; and ` (c-). the premises _is .located
-- partly_in the "A" Residential and Agricultural , and "B-l "
Gene.ral. Business- Zoning Districts . . -.
Southold Town Board of Appeals -16- .June 30 , 1987 Special Meeting
(Appeal No . 3634 - MULLEN decision , continued : )
4 . The Site Plan prepared December 11 ,. 1986 by Peconic
Surveyors and Engineers , P . C . depicts a proposed parking area
of 12 ,930 sq .. ft . , grass _area of_ 3 ,800 sq . ft. , and a total
of 26 parking spaces , together with a proposed six- foot high
chainlink fence surrounding the entire premises . The portion
of the fencing requiring relief under this variance applica-
tion is that portion which encompasses the front yard , within
35 feet from the front property line .
5. Article XI , Section 100-119. 1 and Section 100-.119
permits fencing along the front_ .yard__property line , not
exceedi n_g four.__ feet _i n height.
6 . It is the opinion of the Board that in consider-
ing the character of the immediate area and the proposed .
limited use of the premises , as noted above , the.. ex.tension
of the proposed chainlink fencing from four feet .to six
feet is not unreasonable and is -necessary for security purposes .
In considering this appeal , the. Board also finds and
determines :
(a ) the percentage , of relief requested is substantial
at 50% in relation to the zoning requirements ;
(b) the circumstances of the property are unique ;
(c ) there will not be a substantial , detrimental
change in the character of the neighborhood;
(d) there is no other method feasible for appellant
to pursue other than a variance;
(e ) the grant of this variance will not affect
governmental facilities of any increased .population ;
(f) in view of the manner in which the difficulties
arose and in view of all the above factors , the interests of
justice will be served. .-by granting ,relief, as conditionally
noted below .
-- Accordingly , on motion by Mr. Goehringer , seconded by
Southold Town Board of Appeals -17- June 30 , 1987 Special Meeting
(Appeal No . 3634 - MULLEN decision , continued : )
Mr. Sawicki , it was
RESOLVED , to GRANT a Variance to permit the extension
in height from four feet to six feet of the proposed chainlink
fence within the fr. ontyar. d area ; as applied ,., in_ the Application
of RICHARD .'F.' -MULLEN , JR. under Appeal No.. 3634 , SUBJECT TO THE
FOLLOWING 'CONDITIONS :
1 . Plantings to be placed along the residentially-zoned
abutting pro.pertie.s for appropriate screening; _
2 . A.11, lighting must be shielded to the ground;
1
3. Plantings within the frontyard area may not exceed
a height of.- 18 inches for the first 20 .feet (for visibility)
from a poi-nt commencing. at the___front (w-est) property 1 i-ne ._
Vote of the Board : Ayes Messrs . Goehringer , . Grigonis ,
Douglass and Sawicki . (Member Doyen of Fi.shers Island was
absent . ) This resolution was du'l_y adopted.
DELIBERATIONS/DECISION: Appl . No . 3625-SE :
Application of PUDGE CORP . for a Special Exception to the Zoning
Ordinance , Article VIII , Section 100-80 (B) for permission to construct
one-story mini -storage" buildings in this "C-Light" Industrial Zoning
District . Location of Property : East Side of Horton' s Lane , Southold,
NY; County. Tax Map Parcel.-ID-No . 1000-63-01 -10 .
F9.116w1ng deliberations , the Board took the following action :
WHEREAS , a public hearing was held on May 21 , 1987 , and continued
unt.il. June. 18 ,. 1987 , at which time the hearing was- officially declared
concluded (_closed ) in the Matter of the Application of PUD.GE CORP . under
Application. _No . 3625 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
.W.H.EREAS , the Board has carefully considered all testimony
and do,cumentati.on submitted concerni-ng this application ; and
Southold Town Board of Appeals - 18- J.une 30 , 1987 Special Meeting
(Appl . No . 3625-SE , FUDGE CORP . decision , continued : )
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question , its present zoning ,
and the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . The premises in question is located in the "C-Light"
Industrial Zoning District having a frontage of 351 . 93 feet
along the._ east side of Horton Lane , Southold , and is more
particularly iden.tifi.ed on the__ Suf_folk County. .Tax Maps as
District 1_R00 , Secti on 63 , ;Bl ock, J. , _Lot 10 , containing a
total area of 6". 89 acres (3Q_0., 128_ sq_. ft_.- ) .
2 . The subject 6 . 89-parcel is being improved with
two. bu.il.dings as approved under. Building Permit #14932Z on
June 3 , 1986 , and Special Exception. No .. 3.447 rendered May 1 ,
1986 .
3. By this application , applicant requests a Special
Exception under the Provisions of Article VI.II , .Section 100-
-
80.(B_) to construct s_ix one-sto'ry__ buildi.ngs for "mini " storage
as shown by Site Plan dated July 24 , 1986 , amended May 22 , 1987 ,
by John A._,_ Grammas___ & Associ a_tes (#5571 ) , as follows :
(a) Building A [at the most southerly section] of a
size not to exceed .-50 '. by 300 ': , minimum setback at 58± feet
from the closest wester'l.y property line , 50 feet from the
southerly -property line., 50 .feet from the westerly property
line ; -
(b) Building B [at the easterly section] of a size
not to exceed 50 ' by 440 ' set back a _minimum of_,39. feet from
the northerly property line and 45 feet from the easterly
property, line ;
(c ) Building C of a size not to exceed 50 ' by 220 '
set back not. less than 26 feet from the (closest) westerly
property. line-_ and 160 ' from the--southerly _property line
along the Long Island Railroad ;
(d ) Building D of a size not to exceed 50 ' by 140 '
set back not, less than 2.80 ' from the southerly property
line along the Long Island Railroad , 248 feet. from the
Southold Town. Board of Appeals -19- June 30 , 1987 Special Meeting
(Appl . No . 3625-SE - PUDGE CORP . decision , continued : )
westerly property line along Horton Lane , 157 feet from
the easterly property line , 272 feet from the northerly
property line ; _
(e ) Building E [northerly center building] of a
size not to exceed 50 ' by 120 ' set back a minimum of 75
feet from the northerly property line , 253 feet from the
westerly property line along Horton Lane , 154± feet from
the easterly property line .
4. For the record it is noted that premises abutting
the subject premises on the : (a ) north is_ zoned "A" Residen-
tial and Agricultural ; (b ) east is zoned "C-Light Industrial "
(c ), south/southwest, is residentially used although in the
"C-Light Industrial Zoning District...
5 . In this proposal , the applicant has further proposed :
(a) ground lighting;
(b) no parking of trailers , trucks , etc . ;
(c ) no storage of chemicals , gasoline , flammable oils ,
fuels , etc . ;
(d) no occupancy by persons of buildings Monday through
Saturday , before 8 :00 a.m. and not after 5.00 p .m. , and in no
event on Sundays ;
(e ) no electricity , no workshop areas , no toilet
facilities , no repairs or related work activity to be conducted ;
( f) maximum floor area of 30 ' by 50 ' (1500 sq . ft. )
to be permitted for each rental unit.
(g ) no side walks or side drives around the perimeter
of the premises .
(h ) six-foot high chainlink fence encompassing
perimeter of all six bu,ildings ;__.
(i ) all elements shall be as regulated by Articles
XI and XIII of the Zoning Code.
6 . In making this determination , it shall be under-
Southold Town Board of Appeals -20- June 30 , 1987 Special Meeting
(Appl . No . 3625-SE - PUDGE CORP . decision , continued : )
stood that this project shall not violate any building or
zoning code regulations , an_ ad in the event question arises
as to any possible conflicts with or imposition of a differ-
ent requirement from this Special Exception , the provision
or requirement which is more restrictive or which establishes
the higher standard shall govern .
7 . In considerin this application , the Board also
finds and determines : (a� that the use requested will not
prevent the orderly and reasonable use of adjacent properties
or of properties in adjacent use_ distric_ts ; ._. (b) the use
w.illnot adversely affect the safety , welfare , comfort ,
convenience , or _order of the town ; (c ) ,the use is in harmony
with and promotes the general purposes and intent of zoning.
The. Board_ has also considered subsections [a] through [1 ]
of Article XII ,.._ Section 100-121 (C) [2] of the Zoning Code in
making this determination.
Accordingly , on motion by Mr. Sawicki , seconded by
Messrs . Grigonis_ _and Goehringer , it was
RESOLVED , to GRANT . a Special Exception for the
establishment of Six- Buildings for_ "Mini Storage" as shown
on Site Plan #5571 dated July 24 , 1986 , prepared- by
John - A. G_rammas & Associates ; AND ;SUBJECT TO THE FOLLOWING
C.ONDITI.ONS :
1 . Proposed six-foot high chainlink fencing to be
slatted along __all property lines which abut residentially-used
properties , _as well as . th.e fencing proposed between the
existing bui 1 di nga__, and. Bui_l di ngs_ E and D [areas which do
not require slatting will be along the east and southerly
property lines] ;
2 . Hours of operation shall be limited as requested
from 8 :00 .a.m. through 5 :00 p .m. , _Monday through Saturday;
3 .. No storage of toxic chemicals , fuels , oils , or
other flammable materials ;
4< No storage of vehicles , trucks or major equipment ,
boats , etc . ;
. 5 . No trailers or tractor trailers ;
6 . No storage of fuel tanks ; no outside storage ;
7 . All, -lighting must be shielded to the property ("mushroom
type ) , and sh.a,ll. not be adverse to neighboring proper.ti.es ;
Southold Town Board of Appeals -21 - June 30 , 1987 Special Meeting
(Appl . No . 3625-SE - PUDGE CORP . decision , continued: )
8 . Maximum height shall be at 12 feet (one-story) as
applied and proposed herein;
9 . Minimum setbacks at : (a ) not less than 50 feet
from Buildings C and A to the closest westerly property
line ; and (b) not less than that proposed in all other
yard areas , paragraph 3a-e , supra ;
10 . Any change of use or additional activities not applied
for hereunder must be considered by separate application before
such occupancy or activity shall be conducted;
11 . No elimination of fencing or plantings.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . )
DELIBERATIONS/DECISION :
Application of C . KAPOTES AND A. HOMAYUNI for a Variance
to the Zoning Ordinance , Article III , Section 100-31 (100-32)
for permission to construct deck addition to dwelling with an
insufficient frontyard setback from Soundview Avenue . Location
of Property : East Side of Goldin Avenue and south side of
Soundview Avenue , Southold , NY ; County Tax Map Parcel ID
No. 1000-135-2-22 .
Following deliberations , the. Board took the following
action : _.
WHEREAS , a public hearing was held and concluded on
June 18 , 1987' in the Matter of the Application of C . KAPOTES
arid 'A. HOMAYUNI under Appeal No. 3637 ; 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
Southold Town Board of Appeals -22- June 30 , 1987 Special Meeting
(Appeal No . 3637 - KAPOTES & HJMAYUNIdecision , continued : )
familiar with the premises in question , its present zoning ,
and the surrounding areas ; and , .
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellants request a Variance
from th-
e Provisions of Article III , Section 100-31 (100-32 )
of the Zoning Code for permission to construct deck attached
to the dwelling along the north side of a size 12 feet by
60 feet , leaving an insufficient frontyard setback off of
Sound View Avenue at its closest point at 13 . 5 feet .
2 . The premises in question is a corner lot with
frontages of 109 . 83 feet along Sound View Avenue and 100 . 00
feet along the east side of Goldin Lane , having an area of
10 ,500_± sq . ft . , and referred to as Lot 4 , part of Lots 8 & 9 ,
Map of "Subdivision of Property -. Nathan Goldin" filed in
the Suffolk County Clerk ' s Office November 22 , 1932 as Map
No . 1106 ._
3 . The subject premises is located in the "A"
Residential and Agricultural Zoning District and is -improved
with a 140,8± sq . ft. one-story dwelling structure constructed
about 1959 .
4. For the record , it is noted that by prior applica-
tion under .Appeal No . 135 , this premises received a conditional
approval to construct a duplex with outside dimensions not to
exceed _74 ft . by 20 feet four inches , and with a setback
distance of not less.. than._ 26 feet parallel to Sound View Avenue ,
dated February 5, 1959.
5 . Article III , Section 100-31 , Column "A" of the Bulk
Schedule of .the Zoning Code requires minimum frontyard setbacks
at 35 feet_. ' (Section,. 100-32 is not applicable since this
addition does not fal 1__.. un_der the defini-tion of "accesso.ry. "
6 . The percentage of relief requested is 60% (21 . 5 feet)
from the requirements , and 50% (12 feet ) from the established
26± setbacks in the immediate area.
7 . The Courts have held that area setback variances
must meet the "practical difficulties" standard , considering
Southold Town Board of Appeals -23- June 30 , 1987 Special Meeting
(Appeal No . 3637 - KAPOTES & HOMAYUNI decision , continued : )
at least the following : (a) that the relief requested is not
substantial in relation to the requirements ; (b) that the
project 'as proposed is not out of character with the neigh-
borhood; (c ) that the circumstances of the property are
unique and are not personal in nature; (d ) that the
variance will not in turn be adverse to the safety , health ,
welfare , comfort , convenience or order of the town ; (e )
that the variance requested is the minimal necessary ;
(f) that there is no other method feas,ible for appellants
to pursue .
8 . This Board sympathizes with petitioners ' 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 .
9. The Board Members recommend a lawn patio or similar
type of patio area flush with the ground and in compliance
with the Zoning Code as an alternative , subject to approval
by the Building Inspector , without the necessity of a
variance for a structural extension .
In considering this appeal , the. Board also finds and
determines :
(a ) the percentage of relief requested is substantial ;
(b) the circumstances of the property are not unique ;
(c) the setbacks as proposed are not within the
character of the neighborhood or within the spirit of the
zoning ordinance ;
(d ) there is another method feasible for appellants
to pursue other than a variance ;
(e ) that the relief requested is not the minimal
necessary;
(f) that in view of all the above factors , the
interests of justice will be served by denying the relief
— as applied.-
Accordingly , on motion by Mr . Douglass , seconded by
Southold Town Board of Appeals -24- June 30 , 1987 Special Meeting
(Appeal No . 3637 - KAPOTES & HOMAYUNI decision , continued : )
Mr . Sawicki , it was
RESOLVED , .to DENY the insufficient setback as
requested at 13 . 50± feet from the front property line
along Sound View Avenue for a proposed deck extension
as applied in the Matter of C . KAPOTES AND A. HOMAYUNI
under Appeal No . 3637 .
Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Douglass and Sawicki . (Member Doyen of Fishers
Island was absent . ) This resolution was duly adopted.
APPROVAL .OF MINUTES: On motion by Member Douglass ,
secon e by r. Sawic 1 it was
RESOLVED , to APPROVE the Minutes of the JUNE 1.8 , 1987
Regular Meeting of ..t_he Board of Appeals as submitted .
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass. and Sawicki . (Member Doyen was absent . ) This
resolution was duly adopted.
SPECIAL 'EXCEPTION PROPOSAL : Local Law - Draft and
Corres.ponde_nce from Special Town Attorney Francis J . Yakaboski .
The Board reviewed th.e discussed the June 9 , 1987 letter from
Mr . Yakabosk'i to the Town. Board , with enclosed draft concerning
pol.iai'cal' adVer-ti'sements . The Board agrees that the conditions
as_.. draft.ed should be mandatory , without the requirement of
a Special Exception application through the Board of Appeals .
Enforcement of these conditions are passed by the Building
Department , with or without the requirement of a Special
Exception . Rather than filing fee for Special Exception
application , permit shou_1 d be required i:f.:a71 conditions
are met by. Buyil.ding Department as the zoning-enforcing agency
of ,the. Town.. - : Vote_ of the. Board : Ayes : AIJ.
Southold Town Board of Appeals -25- J.une 30 ,. 1987 Special Meeting
SUFFOLK 'COU.NTY PLANNING RESPONSE : The Board acknowledged
recei pt__o f_ the recent_ response_ from. _the Suffolk County Department
of .P1 anni ng i n the Matter of .Ap_peal. No. 35.86 _= ROBERT AND HELEN
. .DYER. _ - .- -
CL"AR.TFIC.AT.I.ON: Verbal inquiries were directed to the
Board -Secr_eta'ry_.- concerninq_ the project of. BRE.TT 'AND JANET KEHL
concerning the `Z...B'aA'v de,ctssion r.e.nde.re.d. .un .er P. o . 3641
-- . .
.The. Board wa.s a.s_.ked- to cI arif' the, l o.ca-ti,on as :a._pproved of
the accessory building s_ nce a smaJ 1_ portion was _location- in
the sideyard_. as well as the rear yard. The. Board. confirmed
that the accessory structure was _approved , as exists , at a
setback of 65 feet from the front property line and six feet
from the west side property _line (not to exceed 24 ' by 32' )
-and subject to all other conditions contained therein .
RECEIPT OF REQUESTED 'TNFORMATION: Matter of JAMES AND
MARY. TYLER. - The. Board *_acknowledged receipt of copies of the
landscape ,p.lan submitted by Richard. F. Lark , Esq .. as attorney
_for the applicants . No additional information was requested
by the Board . The public hearing_ on this matter has been
recessed until the July 16 , 1987 meeting pending review of
the landscape_ plan :(submitte-d today ) .
P.UBLTC HEARINGS FOR JULY 16 , 1987 : On motion by
Mr . Sawicki ,_. se_conded_ by _Mr e__ Goehri nger, it was
RESOLVED, that Board.:,Secr.-etary , Linda Kowalski , is hereby
authorized and directed to publish notice of the following
hearings to be held on JULY 16., 'l 987 at the Southold_ Town
Hall , Main Road , Southo_ld,_ New York :
7 : 35 p .m. Appl . No . 3581 - GEORGE D. DAMIEN;
7 :40 -p .m . Appl . No . 3639 - `WILHELM FRANKEN;
7 : 45 p .m . Appl . No . 3635 - ARTHUR V. JUNGE;
7 : 50 .p .m-. Appl . No. 3631 - PUDGE CORP . ;
7 : 55 p .m. Appl . No . 3638 - JAMES_ AND- MARY TYLER;
8 :00 .p .m. App1 . No . 3642 - 'DINA MASSO; -
( continued on -page 26 )
Southold Town Board of Appeals -26- June 30 , 1987 Special Meeting
(Public Hearings for 7/16/87 , continued : )
8 :05 p .m. Appl . No . 3644 - FREDERICK WIGHTMAN & DAVID FREY/
JOSEPH REINHART;
8 : 20 p .m. Appl-. No . 3645 = PAUL AND CHARLOTTE GALGAN ;
8 : 35 p .m. Appl . No . 3496 FREDERICK KOEHLER , JR. ;
8 : 40 p .m . Appl . No. 3592 - BENTE SNELLENBURG.
Vote of .the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki : (Member Doyen of. ,Fishers, Island _was absent. )
This resolution was duly adopted. _
DELIBERATIONS PENDING:
Matter of Appl . No. 3605 - TED 'DOWD. Hearing concluded 6/18/87 .
The Board indicated tha_t. a decision would be rendered at the next
meeting ;(on _July:.:l 6th ) .
Matter of Appl . No. 3624 - ERNEST TARMIN . Hearing concluded
May 21 , 1987 . The_. Board is awaiting the building specifications
and post, construction into the bluff slopes .. The deadline is
July 17th for a determination . ,(The Secretary advised the Board
that _a telephone reminder has been made to the applicant . )
The Board Secretary advised the. Board that in consulting with
Town Attorney F. Yakaboski , ;i.i is his o0inion that structures
are buildings , and the Z . B . A. will have jurisdiction if it is
located within 100 feet of the bluff or closer to the highwater
mark . The only example mentioned which would make an exception
for structures_.would _be under "building area" in determining
. _lot coverage .
NEW 'APPLICATION Appeal No . 3644 - FRED WIGHTMAN/JOSEPH
REINHART. The Board confirmed that the following documentation
must be submitted by the. appli cants ' a9gnts_... prior to the
public hearing .(.July_ 16th ).:., as requested by our June 25 , 1987
letter to Mr._ Garrett A. Strang ,_ R. A. :
Southold Town- Board of Appeals -27- June 30 , 1987 Special Meeting
1 . - Copy ;of „a.l l persons or parties ha.vi ng an interest in the
subject premises a.nd a copy of the terms and conditions , under
the.. Contract of Sale [Que,_stion.naire. Form , Item #10] ;
2 . Copies of Pre-C . O . of .record , if any , and any pending
building permits (if issued recently) ;
3 . Confirmation as to the livable floor area of the
upstairs apartment for the record;
4. Con.fi.riati.on as to the, .l ay;out of ,B.u,i l di ng 2 (use of
the first' fl.o.or, ret.a.il' ar.ea', storage. area ; total square footage )
for _the record;
5 . Confirmation as to the present use since December 1st
of Building 1 , if any. ( It is our understanding that the car-
pentry shop vacated .the premises during December 1986 . )
6 . Sketch . or map indicating the placement and size of
existing sign .
There�_,bei.ng no other business transactions properly coming
before the Board at this time , the Chairman declared the meeting
adjourned . The meeting was adjourned at 8 : 20 p_.m.
Respectfully submitted ,
d�n_dXa& Kow lski , Secretary
Southold Town--. Board of Appeals
Pp . 1 -27
Approved - era- d P. ehringer
July 27 , 19.$7 AND FILED B
TMX SOUTHOLD TOWN CLERK
DATE �-a �-��
HOUR 3 G
T0wn Clerlt, Town of Southold