HomeMy WebLinkAboutZBA-06/18/1987 I v� , o ,
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Sldown Board of Appeals
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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
REGULARMEETING
THURSDAY , JUNE '18 , 1987
1
A Regular Meeting and Public Hearings of the Southold Town
Board of Appeals were held on THURSDAY , JUNE 18 , 1987 commencing
at 7 : 30 .o ' clock p .m. at the Southold. Town Ha,l_J , Main Road ,
Southold , New York ,11971\
. Present were : Gerard P. Goehringer , Chairman ; Serge
Doyen , Jr. ; Charles Grigonis , Jr . ; Robert J . Douglass and
Joseph H . Sawicki . Also present were : Victor Lessard ,
Building-Department Administrator ; Linda Kowalski , Z . B.A. Clerk ,
and approximately 15 persons at the., beginning. of the meetin-g .
Chairman Goehringer opened the meeting. and proceeded with ..
the first public hearing on the agenda , as follows . The v.e:rb-a.t` m
transcripts of all the following hearings have been prepared,
under separate cover and filed simultaneously with the Town
Clerk ' s Office for references :
7 : 38 p .m. - Public Hearing held and concluded Matter of
7 : 48 p .m. TED DOWD. 280-a over right-of-way extending
off the north side of Main Road , Southold .
(No verbal opposition was submitted. ) Mr . Dowd
was present and spoke in behalf of his application .
7 : 48 p .m. - Public Hearing was reopened in the Matter of The
7 : 55 p .m. NORTH FORK EARLY LEARNING CENTER. Variance for
establishment of Day-Care Center at the "Veterans
Community Center , " Pike and Hill Streets , and
east side of Wickham Avenue , Mattituck .
(No verbal opposition was submitted. ) Glen
t'
t
Southold Town Board of Appeals -2- June 18 , 1987 Regular Meeting
(Public Hearings., continued : )
Moller , Director ,. was present and spoke in behalf
of his application . Following testimony , motion was
made by Mr., Goehringer , seconded by Mr. Douglass ,
and duly carried , to close (conclude ) the hearing.
7 : 55 p .m . - Public Hearing was held and concluded in the Matter
8 :00 p .m. of Appeal No . 3637 - C . KAPOTES AND A. HOMAYUNI for
a deck addition with insufficient setback from
Soundview Avenue , Southold . Mrs . Kapotes spoke
in behalf .of .their application . (No verbal opposi -
tion was ..submitted during the hearing. ) Following
the hearing , motion was made by Mr. Goehrin.ger ,
seconded by_. Mr . Sawicki , and duly carried , to
close (conclude ) the hearing, pending deliberations .
8 :00 .p .m. - Public Hearing held and concluded in the Matter of
8 : 10 p .m. _Appeal No . 3641 - BRETT'..AND JANET KEHL . Accessory
building with height in excess of maximum 18 feet ;
or in the alternative , addition to dwelling with
an insufficient sideyard setback at 5500 Main
Bayview Road , Southold . J . Kevin McLaughlin , Esq .
spoke in behalf .of the application . Mr . Kehl was
present and also poke . No verbal opposition was
submitted during the hearing . Following testimony ,
motion was made by Mr. Goehringer , seconded by
Mr . Grigonis , and duly carried , to close (conclude )
the hearing , pending deliberations . Vote of the
Board : Ayes : All .
8 : 10 p .m. - PUb1ic .Hearing held and concluded in the Matter of
8 : 12 p .m. Appeal No . 3634 - RICHARD F. MULLEN , JR. Fence in
frontyard area above min . four-feet . . East Side of
Cottag.e Place , Southold. J . Kevin McLaughlin , Esq .
spoke in behaTfcof-Ithe. application . Mr. Mullen
also was pre_sent,.. . No verbal opposition was sub-
mitted during the hearing. Following testimony ,
motion was made by Mr. Goehringer , seconded by
Mr. Douglass , and duly carried , to close (conclude )
the hearing , pending deliberations .
8 : 12 p .m. - Public Hearing held and concluded in the Matter of
8 :._28 p .m . _Appeal No . 3412 - WILLIAM 'MOORE AND BENJAMIN HERZWEIG.
Proposed new dwelling with : a insufficient setback
from wetlands and (b) insufficient setback from front
property line along Meadow Lane , Mattituck Estates .
v
Southold Town Board of Appeals -3- June 18 , 1987 Regular Meeting
(Public Hearings , continued : )
William Moore , Esq . spoke in behalf of the applica-
tion . Verbal opposition was received . (See verbatim
hearing transcript prepared and filed separately. )
Following testimony , motion was made by Mr. Goeh-
ringer , seconded by Mr. Grigonis , and duly carried ,
to close/conclude the hearing pending deliberations
at a later date .
8: 28 p .m. - Public Hearing was reconvened and conclude in the
8 : 36 p .m. _Ma.tt.er of. Ap.p_1 . No . 3629 e IRWIN 'AND 'SONDRA THOMPSON .
The. .h.ea.ri ng_ w_a_s previously recessed ..as requested ,
on' May 21 , 7987 by the applicants_' architect.
Garrett A,. Strang, R.A. spoke in behalf of the
_application . No verbal opposition was submitted
during the hearing. Following testimony , motion
was made by Mr. Goehringer , seconded by Mr. Sawicki ,
and duly carried , to close/conclude the hearing ,
pending deliberations .
8: 36 p .m . Temporary Recess .
8 :45 p .m. Meeting reconvened. Motion was made by Mr. Goeh-
ringer , seconded by Mr . Sawicki , to convene the
Regular Meeting at this time .
8 : 45 p .m. - Publiit,- Hearing held and recessed without date
9 : 16 p .m . -pen-ding receipt of Health Department preliminaries
and submission of alternatives . Patricia C. Moore ,
Esq . and Brian Shore , Architect , spoke in behalf
of the application . James Cron , Esq . spoke in
opposition . Also speakingiin behalf of the
applicants were Mr. Herbert Davids , private
consultant . and Mr. Peter Herz , applicant.
Following testimony , motion was made by Mr. Goeh-
ringer, seconded by Mr . Sawicki , and duly carried ,
to recess the public hearing without a date
pending receipt of preliminary approval or other
input after application by the property owner
of the Suffolk County Health Department . concern-
i_ng the location of the wells and cesspool systems
which appear.:_to�.be creating _practi cal difficulties
in this. project . It was noted that the Suffolk
County Health Department permit dated 1982 has
expired and can no longer be used , and a new
application is necessary . The Suffolk County
Health Department confirmed by telephone to the
Z . B.A. Office that alternative:; locations may be
made available .
Southold Town Board of Appeals -4- June 18 , 1987 Regular Meeting
(Public Hearings , continued : )
9 : 16 p .m . Member Sawicki left the room until 9 : 22 p .m.
9 : 16 p .m . - Public Hearing held and concluded in the Matter of
9 : 21 p .m . Appeal No . 3640 for FRANK AND EDITH SAWICKI . Variance
for approval of insufficient width of three proposed
lots in this pending subdivision at the north side
of C . R. 48 , Southold . Mr . Henry E. Raynor , Jr.
spoke as agent for the applicants . No verbal
opposition was submitted during the hearing. .
Following testimony , motion was made by Mr. Goeh-
_ri_nger , :seconded by_.._Mr. Douglass , and _duly carried ,
to close/conclude the hearing,, pending deliberations .
Vote_._of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass :and :Doyen . (Member Sawicki was absent . )
9: 22 p .m. Member Sawicki returned.
9 : 22 p .m. Public Hearing held and concluded in the Matter of
Appl . No . 3625 - PUDGE CORP . for a Special Exception
for mini -storage _b.uil_dings . No oral testimony
was permitted or received. as agreed at the prior
heari.ng on May 21 , 1987 . Coordination of the final
map was made between the applicant and Abigail A.
Wickham , Esq . , Attorney for the abutting property
owner (s ) . Motion was made by Mr . Goehringer ,
seconded by - Mr. Douglass , and duly carried , to
officially. conclude the hearing at this time and
commence. the 60-day time period for deliberations .
9 : 23 p .m. - Public Hearing held and concluded in the Matter of
9 :47 p .m. Appl . No. 3638 - .JAMES AND MARY TYLER for a Special
Exception modifying Appl . No . 3.400 in this establish-
ment of a public garage (,100-70B4 of the Zoning Code )
to eliminate ,C_ondition which required vehicle doors
to face north (rearyard ) at 6795 Main Road , Laurel ;
Mattituck Holding Co . Minor Subd . Lot #3 . Richard F.
Lark ,u.Esq .::-andE�tappli'cant James Tyler spoke in behalf
of the application_., No verbal opposition was sub-
mitted from the audience . The Board asked whether
the applicant had a copy of the landscape and
sprinkler plans available and they did not . Motion
was made by_ Mr. Goehringer , seconded by Mr. Sawicki ,
and duly carried., to recess the hearing without
date pending receipt of the landscape and sprinkler
plan . (Once the hearing is conclude , no additional
submissions may be made as required by law..)
[See verbatim .hearing transcript for statements . ]
Southold Town Board of Appeals -5- .June 18 , 1987 Regular Meeting
DELIBERATIONS/PENDING DECISION : Appeal No . 3546 :
Application of GREGORY FOLLARI for a Variance from prior Appeal
No . 3507 rendered July 31 , . 1986 to permit the regrading of area
within 50 feet of the top of the existing bank/bluff along the Long
Island Sound in accordance with N . Y . S . Department of Environmental
Conservation Permit #10-86-1233 issued March 10 ,. 1987 . Location of
Property : North Side of Sound Drive , Greenport , "Map of Section
Four - Eastern Shores" Lot No.. 117 , Map No . 4586 ; County Tax Map
Parcel No . 1000-33-1 -15 .
Following deliberations , the Board took the following action :
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 seeks relief from
Condition No . 2 to regrade a 50 ' by 100 ' area at th.e top of
the bluff area along the Long Island Sound as restricted by
this Board ' s action under Appeal No. 3507 rendered July 31 ,
1986 .
2 . The premises in question is located along the north
side of Sound Drive , Greenport , is identified on the Suffolk
County Tax Maps as District 1000 , Section. 33 , Block 1 , Lot 15 ,
and is more particularly referred to as Lot 117 , "Map of
Section Four - Eastern Shores , " filed in the_ Suffolk County
Clerk ' s Office as Map No . 4586'."
3 . The subject premises has previously been vacant and
is presently improved with a single-family dwelling , constructed
under Building Permit #15255Z issued September 10 , 1986 , and
pending at this time .
4. The subject premises consists of a total area of
32 ,007 sq . ft. , lot width of 100 feet , and lot depth of 322 . 7±
feet .. The shortest distance from the southerly property line
t '
Southold Town Board of Appeals -6- June 18 , 1987 Regular Meeting
(Appeal No . 3546 - FOLLARI decision , continued : )
along Sound Drive to the top of the bank/bluff area , as
scaled on the April 1 , 1981 survey prepared by Roderick Van-
Tuyl , P . C . is shown to be 195± feet.
5 . By prior action of this Board , appellant was granted
permission to locate a new single-family dwelling with a
setback at its closest point from the edge of the top of the
bluff/bank at 65 feet. Article XI , Section 100-119. 2 ,
subparagraph A.(1 ) requires all buildings proposed on lots
t -
adjacent to the Long Island _Sound to be set back noless .
than one-hundred (100 ) feet from the top of the bluff or bank.
6 . Condition #2 of the Board ' s prior action stipulated
as follows :
" . . . 2 . There shall be no disturbance of land area
within 50 feet of the top of bank , except for maintenance
of vegetation , shrubs , etc . . . . "
7 . In the application , it is stated that without
permission to regrade this area , the property would be nearly
worthless as waterfront property. No evidence has been
submitted as required by the Courts to support this
claim.
8 . It is the position of this Board that it is the
intent of Article XI , Section 100-119. 2 , subparagraph A(1 )
of the Zoning Code to prohibit any and all construction
within 100 feet of' the bluff; and that the relief condi -
tionally granted under the prior Appeal , No . 3502 , is
an alternative to that initially applied for. Such condi -
tions must be adhered to . Construction commenced and has,
and continued without consideration of possible alternatives
for the dwelling construction during the process of this
pending application . Removal of an eight-foot high berm
in an area 50 feet deep by 100 feet is extensive , and the
existence of this berm area was relief upon in granting
the prior variance.
9 . It is the position of this Board not to allow
alterations of this bluff area to remove an eight-foot (dirt)
berm of an area 100 feet wide by 50 feet deep for waterview .
purposes , as applied herein .
Southold Town Board of Appeals -7- June 18 , 1987 Regular Meeting
(Appeal No . 3546 - FOLLARI decision , continued : )
In considering this appeal , the Board also finds and
determines :
(a.) the relief requested is not the minimal necessary;
(b) the difficulties claimed are not sufficient to
warrant the relief as requested ;
(c ) the information submitted is not sufficient to
support a granting of this application ;
(d) the circumstances are unique ;
(e ) to grant the relief as applied is not within the
spirit or intent of the zoning ordinance ;
(f) there are alternatives available other than a
variance ;
(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 denying . the application , as
applied .
Accordingly , on motion by Mr. Douglass , seconded by
Mr. Grigonis , it was
RESOLVED , to DENY the relief requested under Appeal
No . 3546 in the Matter of the Applications of GREGORY
FOLLARI , as applied .
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted .
Southold Town Board of Appeals -8- June 18 , 1987 Regular Meeting
DELIBERATIONS/PENDING DECISION: Appeal No . 3641 :
Application of BRETT AND JANET KEHL for a Variance to the Zoning
Ordinance , Article III , Section 100-32 A for approval of the construc-
tion of an accessory building with height in excess of maximum 18 feet ,
or in the alternative , Article III , Section 100-31 (A) for permission
to construct addition to dwelling with an insufficient sideyard setback .
Location of Property : 5130 Main Bayview Road , Southold , NY ; County
Tax Map Parcel ID No . 1000-78-4-32 .
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 BRETT AND JANET KEHL under
Appeal No . 3641 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning ,
.and the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellants request a Variance from
the Provisions of Article III , Section 100-32 (A) of the Zoning
Code for approval of the construction of a 24 ' by 32 ' accessory
garage/storage structure at a maximum height , as defined by
Section 100-13 , at 21 feet . (The total height from ground
level to the top of the roof is 26 feet , and 25 ' 2 " from the
top of the roof to the top of the foundation . )
2 . The premises in question is located along the south
side of Main Bayview Road , approximately 310 feet east of Corey
Creek Lane , Hamlet of Southold , Town of Southold , and is iden-
tified on the Suffolk County Tax Maps as District 1000 , Section
78 , Block 4 , Lot 32 .
3. The subject premises is located in the "A" Residential
and Agricultural Zoning District , contains a total lot area of
. 60± of an acre , and is improved with the following structures :
Southold Town Board of Appeals -9- June 18 , 1987 Regular Meeting
(Appeal No . 3641 - KEHL decision , continued : )
(a) two-story , single- family frame house set back approximately
39 feet from the front property line along Main Bayview Road , 26
feet from the easterly (side ) property line , 47 feet from the
nearest westerly (side ) property line , and 98± feet from the
nearest rear (southerly) property line ; (b) accessory building
(depicted "shop" on the survey dated Aug . 26 , 1954 prepared by
Otto W. VanTuyl & Son , and updated June 12 , 1987 by Roderick
VanTuyl , P.C . ) set back 43± feet from the nearest (easterly)
property line and 92± feet from the front property line , and
of a size 12 ' by 20 ' ; (c) accessory garage structure of a
size 15 ' by 10 ' and situated ll ± feet from the nearest rear
property line ; (d) accessory chicken coop structure of an
approximate size 4' by 7 ' situated on the rear property line
at the most southwesterly corner; (e ) the subject 24 ' by 32 '
accessory garage structure set back not less than six feet from
the nearest westerly (side ) property line and 65± feet from the
front property line..,.
4. For the record it is noted that a Certificate of
Occupancy of Nonconforming Premises #Z13913 was issued
October 9 , 1985 for structures (a) , (b) , (c) and (d) , supra ,
and that Building Permit #15142Z was issued July 28 , 1986
for the accessory garage/storage structure ,of 'a size 2V by 32 '
and 26 feet high , with one garage level and storage above ,
and is pending at this time .
5 . Article III , Section 100=32 (A) permits the constructi.on
of an accessory structure for storage and garage purposes
accessory and incidental to the residence in the rearyard only
and at a maximum height. of 18 feet.
6 . It is the position of this Board that the difficulty
cannot be obviated by some method feasible for- applicants to
pursue other than a variance , particularly in view of the fact
that the accessory building has been constructed and appears
to be in accordance with the pending Building Permit.
In considering this appeal , the Board also finds and
determines :
(a) the relief requested is not the minimal necessary ;
(b) the difficulties claimed are sufficient to warrant
.the granting of .this variance ;
(c ) there is no other method feasible for appellants
Southold Town Board of Appeals -10-June 18 , 1987 Regular Meeting
(Appeal No . 3641 - KEHL decision , continued : )
to pursue other than a variance ;
(d ) the circumstances are unique ;
(e ) the granting of the relief, as conditionally noted
below , is within the spirit of the zoning ordinance ;
(f) in view of the manner in which the difficulties
arose and in view of all the above factors , the interests of
justice wJJI be served...by* granting relief, as conditionally_
noted below.
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Sawicki , it- was _
RESOLVED , to APPROVE the construction of a 24 ' by 32 '
accessory garage/storage buildingat a height of 21 feet and
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Accessory building to remain the size requested of
24 ' by 32 ' without additions or expansions .
2 . Accessory building not to exceed height requested
of 21 feet (height as defined by Section 100-13) as exists ;
3. No overhead or other lighting which will be adverse
to neighboring properties ;
4. No sleeping or habitable quarters and shall be
limited to storage and garage use incidental and accessory
to residence ;
5 . Setback from nearest westerly property line shall
not be less than six feet , as requested.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted .
Southold Town Board of Appeals -11 - June 18 , 1987 Regular Meeting
PENDING DECISION/DELIBERATIONS : Appeal No . 3632 as Amended.
Application of NORTH FORK EARLY LEARNING CENTER for a Variance to
the Zoning Ordinance , Article III , Section 100-30 A to permit the
establishment of a Day-Care Center , at premises referred to as the
Veterans Community Center , north side of Pike Street , east side of
Wickham Avenue , and south side of Hill Street , Mattituck , NY ; County
Tax Map Parcel ID No . 1000-140-2-39 , containing 1 . 75± acres .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held initially on the Application
of NORTH 'FORK EARLY 'LEARNING .CENTER under Appeal. No . 3632 on May 21 ,
1.987 , on .its appli._cation to establish a nursery school , to vary
Conditions under Article III , Section 100-30 (B) [3] (a ) and (d) ; and
WHEREAS , on June 4 , 1987 , an Amendment to reopen Appeal
No . 3632 was filed to establish a Day-Care Center under the
guise of a use variance in an existing building ; and
WHEREAS , on June 18 , 1987 , a public hearing was held , and
concluded , on the Amended Application for a Day-Care Center ; 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 corner lot as defined by
Section 100-13 of the Zoning Code fronting along the north side
of Pike Street , the east side of Wickham Avenue , and the south
side of Hill Street , in the Hamlet of Mattituck , Town of
Southold , further identified on the Suffolk County Tax Maps
as District 1000 , Section 140 , Block 2 , Lot 39 .
2 . The subject premises contains a total area of 1 . 41
Southold Town Board of Appeals =12- June 18 , 1987 Regular Meeting
(Appeal No . 3632 - N . F. EARLY LEARNING , continued : )
acres , is located in the "A=40 " Residential and Agricultural
Zoning District , and is improved with one frame and metal
building of a size 51 . 5 by 41 . 4 feet , as more particularly
shown on survey and site plan prepared by Peconic Surveyors
and Engineers , P . C . May 12 , 1987 .
3 . By this application , as amended , the appellant
requests permission to continue the operation of .a "D'ay Care
Center" (referred to as the ."Nort.h. Fork Ea.rl•y. Lear.n:ing__ Center" )
with both half .and full day programs for* a maximum of_.. 29
children . This operat_i.on _is__ not. a school as defined, by
the__ Education Laws of the State of New York and accordingly
does not quali._fy . as a private , nonprofit school under Article
III , Section, 100=.30.(B)_j3] of _the Town ' s Zoning-- Code .
4. Properties to the north (along Hill Street ) are
located in the "C-Light Industrial " Zone; properties to
the west , east and south are located in the Residential and
Agricultural Zone .
5 . The May 12 , 1987 survey and site plan prepared by
Peconic Surveyors . and Engineers_, P . C . depict a frame and
metal building , having a total first floor area of 2 , 340±
sq . ft . for use in the day-care center' s operation . Also
shown are a minimum of 15 parking spaces , including two
handicap spaces , and a fenced- in playground . The existing
building is setback at its closest points 87 . 6 feet from
Hill Street , 13 . 7 and 21 . 8 feet from the southeast
property line (n/o/f Kr_amer) , 68. 4 feet from the east
property line , and 173 feet from the westerly property
line along Wickham Avenue . The existing playground area
.is setback 27 feet from Hill Street , 18 feet from the
easterly property line , 46 feet from the northeasterly
property line (along Kramer) , and 198 feet from Wickham
Avenue .
6 . To the best of this Board ' s knowledge , the subject,-
premises has never been used as a residence since prior
to the enactment of zoning , and has been used only as a
meeting place or community center . No building permits
have been issued since the enactment of zoning , and the
building does not appear to have been changed or altered
in .any manner since prior to zoning'.
Southold Town Board of Appeals -13- June 18 , 1987 Regular Meeting
(Appeal No . 3632 - N . F. EARLY LEARNING, continued : )
7 . It is the opinion of this Board that : (a) the
grant of this variance will not in effect "down zone"
the existing nonconforming use as a meeting place , or
community center; (b) that the land in question cannot
yield a reasonable return , particularly in light of the
size and character of this building , except through great
expense to convert this pre-zoning structure and transform
the lot into suitable residential property.; (c) that
the neighborhood consists of an industrial use directly
to the o north: and. Fire Department at the southwest corner
of Pike Street and Wickham Avenue.
In considering this application , the Board also finds
and determines : (a ) the land in question cannot yield a
reasonable return if its use is continued as a "community
center" ,_. or altered . for residential use ; (b) the plight
of the- owner is due to unique circumstances and not to
the general conditions of the neighborhood; (c ) the
proposed Amendments to the Master Plan depict this
parcel for "R-40" , permitting "nursery schools" by
Special Exception; (d) the use authorized will not
alter the essential character of the neighborhood .
Accordingly , on motion by Mr . Grigonis , seconded by
Mr-. Sawicki , it was
RESOLVED , to GRANT the relief requested under
Appeal No . 3632 as Amended in the Application of the
NORTH FORK EARLY LEARNING CENTER for the establishment
and operation of a Day-Care Center in existing building ,
at premises referred to as the "Veterans Community Center , "
as applied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass , Doyen and Sawicki . This resolution was unanimously
adopted .
Southold Town Board of Appeals -14- June 18 , 1987 Regular Meeting
PENDING DECISION/DELIBERATIONS : AppJ,,,." No . 3626-SE.
Application of NORTH FORK EARLY LEARNING CENTER for a Special
Exception to the .Zoning Ordinance , Article III , Section 100-30 ( B) [3]
for permission to establish private (nursery) school [or day care
center] as a nonprofit organization , at premises referred to as the
"Veterans Community Center , " north side of Pike Street , east side
of Wickham Avenue , and south side of Hill Street , Mattituck , NY ;
County Tax Map Parcel ID No. 1000-140-2-39 . ,
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 NORTH FORK EARLY LEARNING
CENTER under Special Exception Application No . 3626 ; 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 corner lot as defined by
Section 100-13 of the Zoning Code fronting along the north side
of Pike Street , the east side of Wickham Avenue , and the south
side of Hill Street , in the Hamlet of Mattituck , Town of _
Southold , further identified on the Suffolk County Tax Maps
as District 1000 , Section 140 , Block 2 , Lot 39 .
2 . The subject premises contains a total area of 1 . 41
acres , is located in the "A-40 " Residential' and Agricultural
Zoning District , and is improved with one frame and metal
building of a size 51 . 5 by 41 . 4 feet , as more particularly
shown on survey and site plan prepared by Peconic Surveyors
and Engineers , P.C . May 12 , 1987 .
3 . By this application , applicant seeks a Special Excep-
tion under the Provisions of Article III , Section 100-30 ( B) [3]
of .the Zoning Code to operate a nursery school in an existing
building , at premises referred to as "The Veterans Community
Center. " The nursery school operation is proposed for a
Southold Town Board of Appeals -15- June 18 , 1987 Regular Meeting
(Appl . No . 3626-SE - N . F. EARLY LEARNING , continued : )
maximum of 29 children , with four teachers and one adminis-
trator , and with both half and full day programs .
4 . Properties to the north (along Hill Street) are
located in the "C-Light Industrial " Zone ; properties to
the west , east and south are located in the Residential and
Agricultural Zone .
5. The May 12 , 1987 survey and site plan prepared by
Peconic Surveyors and Engineers , P . C . depict a frame and
metal building , having a total first floor area of 2 , 340±
sq . ft . for use in the day-care center ' s operation . Also
shown are a minimum of 15 parking spaces , including two
handicap spaces , and a fenced-in playground . The existing
building is setback at its closest points 87 . 6 feet from
Hill Street , 13 . 7 and 21 .8 feet from the southeast
property line (n/o/f Kramer) , 68. 4 feet from the east
property line , and 173 feet from the westerly property
line along Wickham Avenue . The existing playground area
is setback 27 feet from Hill Street , 18 feet from the
easterly property line , 46 feet from the northeasterly
property line (along Kramer ) , and 198 feet from Wickham
Avenue .
6 . To the best of this Board ' s knowledge , the subject
premises has never, been used as a residence since prior
to the enactment of zoning , and has been used only as a
meeting place or community center . No building permits
have been issued since the enactment of zoning , and the
building does not appear to have been. changed or altered
in any manner since prior to zoning.
7 . Article III , Section 100-30 (B) permits . . . " Private
schools , colleges and other educational institutions ,
subject to the following requirements :
(a) No building shall be less than 50 feet from any
street or lot line ;
(b ) The total area occupied by all principal and
accessory buildings shall not exceed twenty percent [20%]
of the area of the lot ;
(c.) Any such school shall be a nonprofit organization
within the meaning of the Internal Revenue Act and shall be
Southold Town Board of Appeals -16- June 18 , 1987 Regular Meeting
(Appl . No . 3626-SE - N. F. EARLY LEARNING , continued : )
registered effectively thereunder as such ;
(d ) Any such school shall occupied a lot with an area
of not less than five (5 ) acres plus one (1 ) acre for each
25 pupils for which the building is designed. . . . "
8. In the understanding of this Board after reviewing
this case that the use proposed. does not meet the State ' s
definition for a "school , " under the Education Laws , and
that the use intended is a "day care center , ". and the cir-
cumstances -of the property do -Pot lend to the conditions
under such a Speci.al _Exce_pti on permit.
9 . Simultaneously herewith under Appeal No. 3632 ,
a use variance was granted to this premises for the
operation of a "Day Care Center" in the existing building
as applied .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr. Grigonis , it was
RESOLVED , that the Application for a. Special Exception
as applied under No. 3626 - NORTH FORK EARLY LERANING CENTER
BE AND HEREBY IS DISMISSED IN ITS, ENTIRETY .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted.
ENVIRONMENTAL DECLARATIONS : After reviewing each of the
following matters , the . Board took the following action :
On motion by Mr. Goehringer , seconded by Mr . Grigonis , it
was
RESOLVED , to declare the following Environmental Declarations
in accordance with the N . Y .S . Environmental Quality Review Act
(SEQRA) , Section 617 , 6 'NYCRR, and Chapter.. 44 of the Code of the
Town of Southold :
Southold Town Board of Appeals - 17- June 18, 1.98'7 Regular Meeting
Ulnyironmental Declarations, Continued : )
S.F.O.R.A .
NEGATIVE ENVIRONMENTAL DECLARA`1'ION
Notice of Determination of Non-Significance
APPEAL NO. : 3605. ...... ......
PROJECT NAME: TED 'D'OWD' -
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of Lhe N.Y . ,. Environment'.11.
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' " C XI Unlisted [ )
'DESCRIPTION OF ACTION: Approval of Access (280-a)
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as:. ROW off the north 'Side,,of
Road, Southold, NY
1000-5& 1=5':1'.
REASON (S) SUPPORTING THIS DETERMINATION: "
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse affects to '
the .environment are likely to occur should thi:3 project be implc -
mented as planned;
(2) This is an application concerning use over an existing traveled
right-of-way and for requirements satisfactory for emergency access.
f
Southold Town Board of Appeals -18- ,Tune 18 , 1.98'7 I;egular Meeting
(JEnvironmental Declarations, Continued : )
S.E.Q.12.11 .
NEGATIVE ENVIRONMENTAL DE__, 1Z11TION
Notice of Determination of Non-Significance
APPEAL NO. : 3637
PROJECT NAME: C. KAPOTES AND A. HOMAYUNI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of. tale 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 thi:; declZaration should not be-
considered a determination made for any other department or agency
which may also have an application periding for the same ar similar
project.,
TYPE OF ACTION: [X] Type, 11 [ ) Unlisted [ ]
DESCRIPTION OF ACTION: Deck addition. to dwelling with insufficient.
frontyard setback
LOCATION OF PROJECT: Town of Southold, County of.'Suffolk, more
particularly known' as: Goldin Ave. and Soundview Ave. , Southold
1000-135-2=22 ,. NY
REASONS) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to .
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structures.
i
Southold `Down Hoard of Appeals '1.9- :Tune 18 , 198"7 Regular Meeting
(�nYironinental Declarations, Continued: )
NEGATIVE ENVIRONMENTAL DI•;('LARAT10Pd
Notice of Determination of: Non-Significance
APPEAL NO. : 3641 ......
PROJECT NAME: 'B'RETT AND 'JANE'T 'KE'HL '
This notice is issued pursuant to P�1rt G1.7 of the implementing
regulations pertaining to Article- 8 of' taie N.Y .S. Environmerit'-d.
Quality Review Act of the Environmental. Conservation Law and Local
Law #;44-4 of the Town of Southold.
This board determines the within pi.oject not to ha-ve a .sidnifi-
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 othur department or agency
which may also have an application pending for ' the same or similar
project. --
TYPE OF,ACTION: [ ) Type 'I1 [X ] Unlisted [
DESCRIPTION OF ACTION:A�-cessory building with height in excess of;
maximum 18 feet,; or in the alternative, addition addition to dwelling with ari `:,,..,''`
insufficient sideyard setback.
LOCATION OF PROJECT: Town of Southold, County of� Suffolk, more
particularly known as: 5500 Main bayvie.w Road,' Southold, NY ;.
1000-78-4-32 ._
REASON (S) SUPPORTING THIS DETERMINATION
(1) . An Environmental Assessment in the short form has bean
submitted which indicates that no significant adverse effects to the environment are likely to occur should. t.his project be impale-
mented as planned;.
(2) Information has been submitted by applicant or his agent indicating
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 -20-. June 18 , 3.98'7 Regular Meeting
(T-nVironmental Declarations, Continued: )
S.F.Q•IZ.A .
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3634 ---
PROJECT NAME: RI•CHARD F-. MULLE•N,- -JR.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of Elie N.Y .S. Environment;:il.
Quality Review Act o'f 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 ot.hqu 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: Fence in frontyard area above min. four.-feet
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: East side of Co ttage" Place,- Southold, NX'.
1000-62-3-19
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area. : '
i
Southold Town Board of Appeals -21 - June 18 , 1.98'7 Regular Meeting
(1=nYironmental Declarations, Continued : )
S.F.O.I2.A .
NEGATIVE ENVIRONMLNTAL DI:('TAIZA`l'InN
Notice of Determination of Non-Significance
APPEAL NO. : 3638 ----
PROJECT NAME: JAME'S AND, MARY TYLER
This notice is issued pursuant to Part 617 of the 'implementing
regulations pertaining to Article 8 of tale N.Y .S . Environment,: 1.
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: [7,1 Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Special Exception modifying Appl. No. 3400 ' ,
to permit vehicle doors facing street side ' as constructed in this
establishment. of a public garage.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk,- more
particularly known as: 6795 Main Road, Laurel, NY 1000-125-1-19. 6 ;
REASON (S) SUPPORTING THIS DETERMINATION
(1). An Environmental Assessment in the ::short .Form has been, '
submitted which indicates that no significant adverse .effects to
the environment are likely to occur should -this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area..
Southold Town Board of Appeals -22- June 18 , 1987 Regular Meeting
(Environmental Declarations , continued: )
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Dodgllassand . Sawicki . This resolution was unanimously adopted.
ENVIRONMENTAL DECLARATION: Matter of FRANK AND EDITH SAWICKI .
Appeal. No . ' 36.40 .-. Variance for approval of insufficient lot
width of .three . proposed 80 ,000+ sq . ft, parcels , at the north side
of C . R.. . 48, Southold.
On motion by Mr. Goehringer , seconded by Mr . Douglass , it
was
RESOLVED , to declare the following Environmental Declaration
in accordance with the N . Y . S. Environmental Quality Review Act
(SEQRA) , Section 617 , 6 NYCRR, and Chapter. 44 of the Code of the
Town of Southold :
(continued on page 23 )
Southold Town Board of Appeals .-23- ,Tune 18, 1.98'7 Regular Meeting
(P-nVironmental Declarations, Continued: )
S.E.Q.R.A .
NEGATIVE ENVIRONMENTAL DE'(1,ARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3640
PROJECT NAME: FRANK AND 'EDITH' S'AWI'CK'I
This notice is issued pursuant to Pert 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 #r44-4 of the Town of Southold.
This board determines the within project not to hay- 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: JX] Type Il [ j Unlisted [ ]
DESCRIPTION OF ACTION: Approval• 'of insufficient width of three parcels
in this pendig Minor Subdivision, each having a minimum lot area of
80,000 sq. ft.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: North side of C.R. 0, Southold,NY
1000-51-3-12': 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 implc
mented as planned;
(2) This is lot-line variance 'as regulated by Section 617.13, ..
6 NYCRR.
Southold Town Board of Appeals -24- June 18 , 1987 Regular Meeting
(Environmental Declaration , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
and Douglass . (Member Sawicki abstained_ dnttre1y. )
REVIEW/SCHEDULING NEW MATTERS FOR PUBLIC HEARINGS : On motion
by Mr. Goehringer , _secon_ded by Mr. Sawicki , it was
RESOLVED, to schedule. the fo:l l.owfng matters for "public - hearings
to be .. he.ld.. before. thi.s' Board .at the Re,gul ar Mee:ting of. ,T:HURSDAY,
JULY 1'6 ,, '1987 'at the Southold. Town Hal l ,__.Mai n Road,. Southold , 'New
York
1 . Matter of .Appeal. No . 3639 - WILHELM FRANKEN. Accessory
garage in si deyard. __ Osprey. Nest Road , Greenport. _, Property is.
bulkheaded, )
2 . Appl . No . 3635 - ARTHUR JUNGE. Variance to establish
business use in this A Zone . North Side of C . R. 48 , Cutchogue .
3 . Appl . No . 3592 - BENTE SNELLENBURG . Hearing to be
reconvened on requests for : TaT fencing at excessive height and
(b) appeal of determinat-ion of Building Inspector :regardjing
building permit for fence. ROW off the East Side of South Harbor
Road , Southold .
4. Appl . No . 3631 - PUDGE CORP . Variance to establish
business use in this A Zone . North side of North Road , Cutchogue .
5 . Appl . No . 3496 - FREDERICK KOEHLER, JR. Variance to
place accessory building with insufficient setback from wetlands .
575 Old Harbor Road , New Suffolk . Subject to confirmation from
Health Department as to hook-ups .
6 . Appl . No . 3581 - GEORGE D . DAMIEN . Variance for area ,
width and depth . Corners of Jackson St. , Main St. , and First
Street , New Suffolk.
7 . Appl . No . 3642 - PETER AND DINA MASSO . Variance to
place boathouse below bluff with insufficient setback from
waters edge . Nassau Point Road , Cutchooue .
8 . Appl . af. FOREVER GREEN if filed by July 1st .
Southold Town Board of Appeals -25- June 18 , 1987 Regular Meeting
(Public Hearings for July 16 , continued : )
9. Appl . No . 3644 - FRED WIGHTMAN and JOSEPH REINHART.
Use variance and Interpretation . Shopping center/multiple uses
in this "A" Zone . North Side of Main Road , Peconic (just east
of Wells Pontiac-Cadillac Corp . ) Subject to receiving the
following bn . or before July 1st :
(a ) Copy of Contract of Sale pending disclosing persons
and parties having interests concerning.°these premises and terms
and conditions of sale [Questionnaire Form #10] .
(b ) Copies of Pre-C . O . , Certificates of Occupancy ,
or pending Permits (if any) ;
(c) Confirmation as to the livable floor area of the
upstairs apartment for the record ;
(d) Confirmation as to the layout of Building #2 (use
of the first floor , retail area , storage area , total square
footage ) for the record;
(e ) Confirmation as to the present use since
December 1st of Building 1 , if any. (Carpentry shop vacated
during December 1986 or thereabout ) ;
(f) Sketch or map indicating the placement and size
of existing sign , if to be retained.
10 . Appl . No . 3636V - TARTAN:.OIL . CO.. . .. ._Variance to permit
convenience store accessory to existing gasoline service
station . (Additional information as requested must be
received by July lst newspaper advertising deadline )
11 . Appl . No . 3633SE - TARTAN OIL CO . -. Special ' Exception
to establish self-service pumps . (Additional requested informa-
tion must be received by advertising deadline . )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted .
Southold Town Board of Appeals -26- June 18 , 1987 . Regular Meeting
NEW REVIEWS/REFERRALS: The Board authorized the following referrals :
(a ) Appl . No . 3496 - FREDERICK KOEHLER , JR. Referral for
input/inspections/report from the Suffolk County Soil and Water
Conservation .District.
(b ) Appl . No . 3642 - PETER AND DINA MASSO . Input/inspections-
repor.t from the Soil and Water Conservation District .
DELIBERATIONS : Appl . No . 3624 - ERNEST TARMIN . Public Hearing
held and concluded on May 21 , 1987 . Accessory structure (s ) with
insufficient setbacks from .b.luff/bank along Long Island Sound.
ROW off the north side of Main Road , Orient. Board requested and
awaits specifications for stairs and Town Attorney opinion as to
jurisdiction for stairs construction . The Board Clerk advised
the Board of her conversation w1th Francis J . Yakaboski , Esq . ,
Special Town Attorney , who advised that buildings or structures
within 100 feet of the top of the Sound bluff and seaward are
within Zoning Board and Trustee jurisdiction .
DELIBERATIONS/UPDATE: Appl . No . 3439 - ARNOLD AND KAREN BLAIR.
Await area merger/dwellings information as requested at May 21st
Z . B . A. Hearing . Hearing held and concluded on May 21 , 1987 .
Information as to building-_envelope setbacks received 6/11 /87 .
No- actionwas taken pending receipt of the merger/dwelling
information .
CORRESPONDENCE/COMPLAINT: Appeal No . 3510 - RICHARD ZEIDLER.
The Board members acknowledged receipt of Mr. and Mrs . Bertram
.Walker..'s:;letter of complaint and referral: to Francis J . Yakaboski ,
Es.q . , Special Town Attorney pursuant to the Chairman ' s letter
of transmittal dated June. 16 , 1987 . This matter has recently
been reviewed by .Mr . Yakaboski" in ' behalf of the Building Depart-
ment concerning_ enforcement of possible violations on the
wetlands permit issued by the. Town Trustees , etc .
Southold Town Board of Appeals -27- June 18 , 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 . 3581 - GEORGE DAMIEN . Jackson St . , New Suffolk .
Variances f-o-r i.nsufficient area , width , depth . Await Art . 6
Action per Co . Health Dept . communications . Public Hearing 7/16/87 .
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 p-roposed is
questionable . Status/clarification awaited . - N/s CR 48 , Southold .
S1outhold Town Board of Appeals -28- June 18 , 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. (**Awai.t 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 MANDE.L . 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 an-d 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 Co . Health approval , 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 - ROBE`RT AND SUSAN D ' URSO: Breezy Path ,
Southold . Ajdait 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 a0tion• Area , ,width and depth
variances . Alfred Skidmore , Esq . (Village water not available . )
Appeal o . 3546 -
requested concerning disturbance of n luff. Await
DEC action a n to alter bluff areas before
Southold Town Board of Appeals -29- June 18 , 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 instructions .
from attorney or applicant . Await PB input on revisions .
App-1 . No. B-ER
for Bed and Breakfast . : Await determin cial Exception
for Acco a about 3/5/87. before proceeding .
355 d-
Appeal No . 3600SE - T. LUCAS AND G . & A. BELIS . Special
Exception to allow 70 mote units on . 0516' 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 .
Appeal No. 3602 - MARGARET McNAMARA. . Wraparound deck within
75 feet o,f. existing bul. head an in excess of 20% lot coverage .
640 Takaposha (private ) Road , Southold . (Await Trustee and
DEC waivers before advertising. )
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 lots. —W-7-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 , rl itti tuck . ''1-/295-acre described parcel . Await ,
Co . Health Art. 6 - Noval . Rec . PB input and DEC permit . (exp . 12/87 )...
Henry Ra.vn'or , A(jent .
y
1 ,
Southold Town Board of Appeals -30- June 18 , 1987 Regular Meeting
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 Pine 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
application to Building Department , reissuance of filing
fee , postmarked certified-mail receipts , etc . )
Appeal No . 3293 - HAROLD AND JOSEPHINE DENEEN . Variances
for proposed insufficient area , width and depth of three
parcels . W/s ROW off the S/s Bayview Road (west of
Waterview Drive ) , Southold . 280-a not requested . (**Await
Co . Health 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 , building envelope setbacks , and setbacks from
wetland grasses . )
Appeal No . 3355 - PAUL AND MARIETTA CANALIZO . Variance
to construct with insufficient setback in frontyard from
wetlands . (**Await DEC and wetland setbacks map .
Trustees reviews pending--new application may be necessary
for Trustee action . and DEC action updates . )
1
Southold Town Board of Appeals - 31 - June 18 , 1987 Regular Meeting
( Updates , continued : )
Appeal No . 3445 - JULIUS ZEBROSKI . Variance for
approval of insufficient i-r—eal—a-nd 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 Mai6.. Road , East _Marion .
(Await P . B. appl._ication/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 DOROSKI . 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 abutting 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 . 0 . ) Helen Rosenblum , Esq .
* *
The Board Members agreed to hold a Special Meeting during the
next 10 days for deliberations , actions , .and updates . __..
There being no oth-er--business properly coming before the Board
at i�th,i s; ti.me :Ahe`;'C.hai rmarr d,ecl are d.. the meeting adjourned . The
Meeting was adjourne,dat _10`_30 P .M .
Respectfully submitted ,
Linda. F . Kow,al ski
Board Secretary
out old Town ._Board of Appeals
Approved - J e 30 , 1987-Ge and Goehringer , Chairman
It
•
:RECEIVED AND ,FILED BY :
THE SOUTHOLD TOW14 CLERK
DATE 7'/ - 7 HOU$ /u:o o &7\
Town Clerk, Town of Southold