HomeMy WebLinkAboutZBA-05/21/1987 o � _
L T Southold Town, Board, of Appeals
�
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U. T E S
'.REGULAR 'MEETING
THURSD-AY-, MAY '213' `1987
A Regular Meeting and Public Hearings of the Southold Town
Board of Appeals were held on THURSDAY , MAY '21 , 1987 commencing
at 7 : 30 o ' clock p .m. at the Southold Town-Hall. , Main Road ,
Southold , New York 11971'.
Present were: Gerard P. Goehringer , Chairman ; Serge Doyen ,
Jr . ; Charles Grigonis, Jr. ; and Joseph . H. Sawicki . Absent was
Member Robert J . Douglass due to . hospitalization . Also present
were : Victor Lessard , Building-Department Administrator; Valerie
Scopaz , Town Planner, Linda Kowalski , Board Clerk and Secretary ,
and approximately 40 persons at ..the beginning of the meeting .
Chairman Goehringer opened the meeting and proceeded with
the first public hearing on the agenda , as follows . The verbatim
transcripts of all the following hearings have been prepared under
separate cover and filed with the Town Clerk ' s Office for refer-
ence simultaneously herewith .
7 : 35 p .m. Public Hearing was held and concluded in the
Matter of ERNEST 'TARMIN. Accessory structure with
insufficient setback from bluff/bank along the L . I .
Sound . ' ROW off north side of-Main Road , Orient .
7 : 42 p .m. Public Hearing was held in the Matter of
PUDGE CORP . , Appl . No . 3625-SE for - one-story "mini -
storage" buildings at premises along the ea-st side _
of Horton Lane, Southold . Mr. James Gray spoke in
behalf of the application . Abig.ail A.._.Wickham , 'Esq .
spoke in behalf o-f neighboring residents Mr. Gray
is to furnish two pri.nts of final plan as discussed
one print to Abigail Wickham , Esq . and one to this
Board p.rior to our _June. 18,. 1987 meeting . As a
formality , 'this hearing will... continue to remain open
pendi*n.g receipt of the., information and any other -
f
Southold Town Board of Appeals -2- May 21 , 1987 Regular Meeting
(Public Hearings , continued : )
input or correspondence in response thereto . The
Chairman indicated that this matter will be
officially concluded by resolution of' the Board
on June 18 , 1987 . Motion was made by Chairman
Goehringer , seconded by Member Grigonis , and duly
carried , to continue the hearing on this matter
in order to enter the final plan and related
input and responses , if any , before June 18 , 1987 ,
at which time the hearing will be officially
concluded . Vo.te of. .the Board : Ayes : Messrs .
Goehringe_r, Grigon_is., Doyen and -Sawicki . (Member
Douglass -was-- absent -due -to hospitalization : )
8 :07 p .m. Joint Public Hearings were held - in the - Matters
of the Applications of NORTH. FORK 'EARL'Y 'L'EARNING
CENTER by GL'EN _MOLLER , Speci.al : Exception. #3626 and
Variance #36.32 for_.establishment of nonprofit
nursery school (or day-care center) within existing
building referred to as "Veterans Community Center . "
Corners of Pike and Hill . Streets and the east side
of Wickham .Avenue , Mattituck. "A" Zone District .
Mr . Moller spoke in ' behalf of the application .
No opposition was submit_ted._ (See verbatim trans-
cript of hearing for statements . ) Following the
hearing., motion was made by Chairman Goehringer ,
seconded by Member Grigoni.s , to conclude the hearings
pending deliberations . Vote of the Board : Ayes :
Messrs . Goehringer , Grigonis , Doyen and Sawicki .
(Member Douglass was absent . )
8 : 15 p .m . Public Hearing was held - and - concluded in the
Matter of .Appeal No . 3630 - JOHN KRAMER AND WAYNE
DePETRIS . Variance to replace existing ground . sign ,
the lower edge at less than 4 ft . above ground . Main
Road , Southold ,. New' .Yo.rk . No one appeared in behalf
of .the application . .(No_. opposition . was received , ) ..._
The Board _requested that the Southold. Fire Department
be given an opportunity to voice their position on
this sign amendment , particularly affects if any on
visibili.ty from its premises . to the east , and that
a letter be forwarded to the Fire Department prior
to deliberations or further action . Motion was made
by Chairman Goehringer , seconded by Member Grigonis ,
to conclude the hearing pending deliberations and
submission of a letter to the Southold Fire Department .
Vote of the .Board : Ayes : All .
r 1
Southold Town Board of Appeals -3- May 21 , 1987 Regular Meeting
(Public Hearings , continued : )
8 : 18 p .m. Public Hearing was held in the Matter of IRWIN
AND SONDRA THOMPSON , Appeal No . 3629 . ' Variance for
approval of insufficient sideyard setback to an exist-
ing structure and proposed new structure resulting
from. an alteration in location of lot line of abutting
parcel to the east . "B-l " Zone . Corner of N/s Main
Road and E/s Boisseau- Avenue , Southold . Mr. Garrett A.
Strang as agent submitted a written .request to.-continue
the public hearing at our June. 18 , 1987 meeting since
he will be out of sta.t.e . Mr . Thompson appeared and
spoke in behalf .of .his application . (No. . opposition
was submitted_. at this time . ) :[See verbatim transcript
prepared under separate cover and filed simultaneously
herewith for statements . ] Motion was made 'by
Ghairman ,Goehringer , seconded by Member Sawicki , to
recess th.e hearing as requested until our June 18 ,
1987 Regular Meeting. Vote of the Board : Ayes :_ All .
8 : 22 p .m . . -.Public - He.aring-wa.s held and concluded in the Matter
of. ;ROB:E.RT. ,AND '.HE.L'.EN 'D.I:ER , 'Spec.i..al Exception' #35.86 , to
e.s`ta. Ji. 'B,ed�'_n Bd reakfa.st. Use:, an owner-occupied
bu.fl.di:ng:, 'o.the.r:-:.than a hotel , where. 1 odgi ng . and break-
fast.' is .provided for not more than s_ix _cas_ual , transient
,rooms (in conjunction with present accessory apartment
and single-fam ily use ) . 355 Terry Lane , Southold .
Mr. and Mrs. Robert Dier spoke in behalf of their
appl•icaton.. . Numerous testimony was received both in
support and . against the application . [See verbatim
transcript of 19 pages prepared under separate cover
and '.f.i.led!.si_m.u_l taneously herewith with the Office of
the Town Clerk . for reference . ] Following test:i.mony ,
motion was made, by Chairman Goehringer , seconded by
Member Sawicki , to conclude the hearing pending
deliberations . Vote of the Board: .Ayes : Messrs .
Goehringer , Grigonis , Doyen and Sawicki . (Member
Douglass was . absent . due to illness . )
9.: 17 p .m . '. TE:MP.ORARY::RECESS.... Motion was made by Member
Sawi.cki , ,seconded by Chairman Goehringer , to , recess
for approximately t.hree minutes . Vote of ,the. Board :
:8yes: ....A71 . _.
9 : 22 MEETING 'RECONVENED . Motion was made by Member Sawicki ,
seconded y em er Grigonis , to reconvene at this time .
Vote of the Board : Ayes : All .
i
Southold Town Board of Appeals -4- May 21 , 1987 Regular Meeting
(Public Hearings , continued : )
9 : 22 p .m. Public Hearing was held and concluded in the Matter
of the . Application of ARNOLD AND KAREN BLAIR under Appeal
No . 3439 . Variances for approval of insufficient area
and width of two proposed parcels in this pending divi -
sion of land . Cedar Lane (and Pine Place ) , East Marion ,
Map of Section Two , Gardiners Bay Estates , Lots 156
through 160 , 167 thru 172 Incl . , and 151 and 153.
Patricia C. Moore, Esq . of ,the Law Offices of .Eds.on and
Bruer appeared and spoke in behalf of the applicants .
Th.e applicants were asked to furni_ sh._..the setbacks of
the proposed building area and area mergers with
noted dwellings -for -consideration . [See verbatim
transcript for statements prepared under separate
cover . ] Following testimony , motion was made by
Chairman Goehringer , seconded by Member Sawicki.,
and duly carried , to conclude the hearing pending
receipt of the information requested above . Vote : of
the Board : Ayes : All .
9 : 35 p .m. Public Hearing was'. held . in . the. Matter of the
Application of PETER 'AND BARBARA 'HERZ ' under Appeal
No . 3543 . Variances to locate new single-family
dwelling with insufficient setbacks from existing
bulkhead and highwater areas along Midway Inlet and
Hog Neck Bay . 70 .Cedar Point Drive ; Southold;
Cedar Beach Park Map , part of Lots 152 and 110 ..
Patric i a C. Moore , Esq . of Eds__on and Bruer and
Brian Shore , Architect , appeared and spoke in behalf
of the applicants . [See verbatim transcript
for statements prepared under separate cover and
filed simultaneously herewith with the Town Clerk ' s.
Office for reference . ] The Board requested copies
of the .County Health Department Arc .Report/Plan
and alternative house plan to better fit the lot .
The applicants ' agents were agree a.bl'e_. : :.MotSon
wa.s made by Chairman, Goehri'nger, 'seconded by Member
Sawicki , to i^eces-s the hearing _unti 1 June, 1.8 ,
1987 . Vote of ,the Board : Ayes : Messrs . Goehringer ,
G.rigonis , Doyen and Sawicki_... (Member Douglass was
absent due t_o illness . )
i
Southold Town Board of Appeals -5- May 21 , 1987 Regular Meeting
(Public .Hearings , continued : )
10 : 12 p .m. Public Hearing was held/reconvened in the
Matter of Appeal No . 3593 for THE QUIET MAN INN .
Variance for addition with an insufficient front-
yard setback from Hobart Avenue , Southold . B-1
Zone District . William D . Moore , Esq . appeared
in behalf of the applicant together with Charles
Gilbert . The subject of the parking to be
required by the Planning Board is still questionable
at this time and it was requested that this matter
be recessed until same is resolved . [See verbatim
transcript prepared under separate cover and filed
simultaneously herewith with the Town Clerk' s Office
for reference . ] Motion was . made by Chairman Goeh-
ringer , seconded by Member Sawicki , to recess
Appeal No . 3593 - Matter of 'QUIET MAN.: INN without
a date , pending the requirements or waiver from
the Planning Board concerning sate-plan elements .
Vote -of the Board : Ayes : Messrs . Goehringer , Doyen ,
Gri.gonis and Sawicki . (Member Douglass was absent
.due. to illness . ) This resolution was duly adopted.
PENDING APPLICATION : Appeal. No . 3605 - TED DOWD.
Mr . - Dowd appeared - to ask if the Board had any questions
concerning his pending 280-a Application . The Board indicated
they did not and advised Mr . Dowd that his matter would be
on for a public hearing for June 18 , 1987.. Mr . Dowd thanked
the Board .
APPEAL NO . 3543 = PETER 'AND BARBARA HERZ . The Chairman
returned the aerial photograph to Patricia C. Moore , Esq .
Southold Town Board of Appeals -6- May 21 , 1987 Regular Meeting
REQUEST FOR RE-HEARING: Appeal No . 3591 . PAUL STOUTENBURGH .
By letter dated May 20 , 1987 , Mr . Stoutenburg,h requests -'a rehearing
in order to shorten the setback distance of the water windmill
tower from 35 feet to 20 feet . By Decision rendered February 5 ,
1987 , the Board considered Mr . and Mrs . Stoutenburgh ' s request
for a water windmill tower at a height of 72± feet and with a
setback of 30 feet from its closest point from the north and
east property lines . In the Board ' s decision , the setback
was granted at 35 feet subject to the applicant ' s. obtaining
and subioct` to written permission from the adjoining property
owner (Mar.co )_., etc . Inasmuch as the request made herein is
for different relief than originally requested (which was 30 .
feet ) , by law , the only recourse would be to apply under a new
application and not reopen the hearing. The Chairman was
authorized to send the above response to Mr . Stoutenburgh .
ENVIRONMENTAL DECLARATIONS : After reviewing each of the
following matters , the _Board took the following actions :
On motion by .Chairman Goehringer , seconded by Member
Grigonis , it was _
RESOLVED , to declare the following Environmental Declara-
tions in accordance with the N . Y ..S . Environmental Quality Review
Act (SEQRA) , Section 617 , 6 NYCRR , and Chapter 44 of the Code of
the Town of Southold :
(a ) Pudge Corp . , Special Exc . #3625 , " Unlisted" Action ;
(b ) North Fork Early Learning Center , Special Exception
#3626 ; ":Unlisted" Action ;
(c ) _ Robert and Helen Dier , Special Exception #35.86 ,
" Unlisted" Action ;
(d )- Ernest Tarmin , Variance #3624; "Type . II " Action ;
(e ) North Fork Early Learning Center Variance #3632 ,
"Type II " Action ;
( f) John Kramer and Wayne DePetris Variance #3630 , " Unlisted"
Action ;
(g ) Irwin and Sondra Thompson Variance #3629 , "Type II "
Action ;
( h ) Arnold and Karen Blair, Variance #3439 , "Type II" Action .
i' Southold Town Board of Appeals -7- May 21, 198'7 Regular Meeting
(_F,nV�ronmental Declarations, Continued: )
(a ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3625
PROJECT NAME: PUDGE COR'P.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S . Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #i44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should noL be
considered a determination -made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: ( '.] Type II J Unlisted [ ]
DESCRIPTION OF ACTION: Construct one-story "mini-storagela°`
bzildings in this "C-Light" Industrial Zoning District.
LOCATION OF' PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: E/s of Horton"s .Lane, Southold, NY.
1000-63-01-I-0'
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;
This is an application concerning use of premises and is not
directly related to new construction,
(3) 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 -8- May 21, 198'7 Regular Meeting
r
(FnV�ronmental Declarations, Continued: )
(b)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3626 SE - _
PROJECT NAME: NORTH FORK EARLY LEARNING CENTER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should note be
considered a determination -made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [:''.] Type II [ X] Unlisted [ J
DESCRIPTION OF ACTION: permission to establish private (nursery)
school (or day-care center) as a nonprofit organization. ,
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Pike St. and Wickham Ave. ,_ Mattituck, NY
1.000-140-2-39
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) This is an application- concerning use of premises and is not
directly related to new construction.
Southold Town Board of Appeals -9- May 21, 198'7 Regular Meeting
(_F,nY�ronmental Declarations, Continued: )
(C )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3586 SE
PROJECT NAME: ROBERT and HELEN; D'IER -
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [:.I Type II [ XI Unlisted [ J
DESCRIPTION OF ACTION: Permission to establish "Bed and Breakfast Use,,
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 355 Terry Lane, .Southold,_ NY 1000765-7-20
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) This is an application concerning use of premises and is not
directly related to new construction. .
', Southold Town Board of Appeals - 10- May 21, . 1987 Regular Meeting
QZ4Y�ronmental Declarations, Continued: )
(d )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3624
PROJECT NAME: ERNEST TARMIN --�
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination -made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ _] Unlisted [ ]
DESCRIPTION OF ACTION: Construct accessory structures with a .
setback of less than 100 feet from bluff/bank along Long Island Sound
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: ROW off the N/s of Main Rd: , Orient, NY
1000-14-2-1. 1
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback. variance as regulated by
Section 617 .,13, 6 NYCRR,SEQRA.
(3) Information has -been submitted by applicant or his .agent
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 - 11 - May 21, 198'7 Regular Meeting
1
(_F,RV;ronmental Declarations, Continued: )
(e )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 363i _
PROJECT NAME: NORTH FORK -EARLY. LEARNING CENTER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or -agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Establish nonprofit private (nursery) school
or day-care center within existing building which is- set back less than
50 feet from Pike St. and upon premises having less than five or more acres.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Pike St. and Wickham Ave. , _Mattituck, NY
1000-140-2=39
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly related to new constuction.
Q Southold Town Board of Appeals May 21, 198'7 Regular Meeting
(FnV�ronmental Declarations, Continued: )
M
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :3630
PROJECT NAME: JOHN KRAMER and WAYNE D'ePETRIS
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not, be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [• l Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Replace 'existing ground sign, the lower
edge of which shall be less than four feet above the ground.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 54985 Main Rbad, .Southold,_ NY 1000-62-1-5
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 wetliinds or other critical envirenmental area.
l
Southold Town Board of Appeals -13- May 21 , 1987 Regular Meeting
(g) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3629
PROJECT NAME: IRWIN AND SONDRA THOMPSON ---
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient sideyard - setback - ta an
existing and proposed new structure(s) resulting from alteration in location
of lot .line of abutting parcel to the east.
LOCATION OF PROJECT.:. Town of Southold, County of Suffolk, more
particularly known as: Corner of N/S Main Road and E/s Boisseau
Avenue , Southold (Thompson ' s. Emp-orium) .
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) The premises is not located within 300 ft. of wetlands .
(3 ) This is a setback variance regulated by Section 617 . 13
of SEQRA. r
? Southold Town Board of Appeals _14_ May 21, 198'7 Regular Meeting
(-F,nY� ronmental Declarations, Continued: )
(h )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3439
PROJECT NAME: ARNOLD and KAREN BLAIR This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ##44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination nade for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION. Approval. .of insufficient area and width of'
two proposed parcels in this pending division- of land
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Cedar Lane, East Marion, NY 1000-37-7-10 . 2
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Information has been submitted by. applicant or his agent
indicating that the project willlnot involve the disturbance of wetlands
grasses or areas subject tg flooding which may be considered wetlands.
(3) This is a lot-line variance as regulated by Section 617. 13,
6 NYCRR.
t
Southold Town Board of Appeals -15- May 21 , 1987 Regular Meeting
(Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
and Sawicki . (Member Douglass was absent due to hospitalization . )
This resolution was duly .adopted .
NEW APPLICATION .REV.IEWS.:
- - -
Matte.r of. _TA.R.TAN. 0IL "CO . ,: Fil es. Nod 3636V and 3633SE .
Proper'ty _ Location : _ _ Corners .of Main Road , Mar.ratooka and
Sunset Lanes , .Mattituck .
After reviewing the file , the board requested the following
Thfo.rmation prior to scheduling the above matters for public
hearings :
( 1 ) Four prints showing all pole and building lights ,
canopy _ lights , .permanent egress/ingress areas .[rear incl . ] .
Please clarify the types of lighting used in these areas , which
may all be sketched .on the prepared site plans .
(2 ) Sketch showing the previous location of the pumps
and island [recently removed] .
'(3 ) Copies of permits authorizing recent renovation ,
construction , and occupancy for the convenience store and
self-service gasoline operations . [ If no permits are avail -
able , please explain . ]
The Board also asked that a memorandum be forwarded to
the Planning Board concerning their review under 100-70 con-
cerning site plan elements for this B-1 Business Zoning
District .
NEW :APPLICATION : Matter of WILHELM FRANKEN filed 5/21 /87 .
The Board .reviewed the application and ask that the applicant
or his agent furnish the exact setback requesed from the
closest point of the proposed accessory building to the exist-
ing bulkhead and furnish one sketch of a building/floor plan
of accessory building as .::soon as possible . This matter is to
be calendared for our first July meeting for public hearing.
t
Southold Town Board of Appeals -16- May 21 , 1987 Regular Meeting
* * *
NEW APPLICATIONS REVIEWS AND UPDATES :
(1 ) Matter of Appeal No . 3635 - ARTHUR V . JUNGE . The Board
reviewed this matter --and calendare.d same for a public hearing to be
held at our first July Regular Meeting . Field inspections and
relative reviews will be conducted prior to the public hearing .
*(2 ) Matter of Appeal No . 3412 - WILLIAM D. MOORE/BENJAMIN
HERZWEIG . Application partly amended to reflect request for a
25-ft . frontyard setback and amended location of setback from
nearest -wetlands . ' The. Board declared--this file__.ihcomplete until.
such time as four accurate prints of '.the amended survey or site...
plan have been filed with our office and re-placement _of the
stakes on the premises (at the closest points.) as modified .
fhe Board noted that the above information must be received
before June 4th in order to meet the deadline for our June 18 ,
1987 calendar for a public hearing.
(3) Matter of PUDGE CORP . , Appeal No . 3631 - Variance
to establish industrial building at the north side of Main
Road , Cutchogue . The Board reviewed this matter and calendared
same for a public hearing to be held at our first July Regular
Meeting . Field inspections and relative reviews will be con-
ducted prior to the public hearing -
*(4 ) Matter of JAMES AND MARY TYLER, Special Exception #3638 .
Modification to Special Exception 3400..to. permit vehicle doors
at road side as construct at the north side of Main Road , Laurel .
*�(5 ) Matter of KAPOTES AND A. HOMAYUNI , Variance #3637 ,
for deck addition with insufficient frontyard at 22185 Soundview
Avenue , Southold.
*(6 ) Matter of FRANK_ AND EDITH SAWICKI , Appeal No . 3640 .
Variance of insufficient lot width of proposed lots in this
pending division of land . (Lots meet minimum lot-area require-
ments of 80 ,000 sq . .ft . ) 19985 Soundview Avenue , Southold.
*(7 ) Matter of RICHARD F . MULLEN , JR . Variance for fence
along frontyard areas exceeding maximum four-ft . height require-
ment . E/s Cottage Place , Southold .
*(8) Matter of BENTE SNELLENBURG , Appeal No . 3592 . Variances
. (a ) for approval of 8 ' height of fencing , ('b) Appeal of 11 /6/86
Order to Remedy Violation which mandates Building Permit for new
fencing . Private ROW off the east side .of South Harbor Rd , Southold .
c
Southold Town Board of Appeals -17- May 21 , 1987 Regular Meeting
* * *
*PUBLIC HEARINGS FOR JUNE REGULAR MEETING: On motion by
Chairman Goehringer , . seconded by . Member Sawicki , it was
RESOLVED , to schedule the following applications for public
hearings to be held on June 18 , 1987 , before the Southold Town
Board of Appeals at the Southold . Town Hall , Main Road , Southold ,
New York , commencing at 7 : 30 p.m. (except` as conditionally noted ) :
(1 ) Matter of Amended Appeal No . 3412 - HERZWEIG & MOORE .
Variances for insufficient fronty_ard setback_ and setback from
wetlands for proposed new dwelling along the East Side of Meadow
Lane , Mattituck. (Board awaits maps to reflect amended locations
and relief requested 'by June 4th . )
(2 ) Matter. of Appeal No . ' 3639 = 'WILHELM. FRANKEN . Accessory
building in sideyard .and within 75 feet .of .existing bulkhead .
Osprey Nest Road , East Marion .
(3 ) Matter of Appeal No . 3640 .= FRANK AND EDITH SAWICKI .
Lot width variances . 1. 9985 Soundview ..Avenue , Southold .
(4 ) Matter of Appl . No . 36.38SE = JAMES AND MARY TYLER.
Modification to Ap.pl . .No . 3400SE to permit vehicle doors at road
side as constructed . N/s Main Road , Laurel .
(5 ) Matter of Appl . No . 3637 - KAPOTES AND A. HOMAYUNI .
Deck addition with insufficient frontyard setback at 22185
Soundview Avenue , Southold .
(6 ) Matter of Appeal No . 3592 - BENTE SNELLENBURG : (a ) for
approval of 8 ' height of ,fencing and b Appeal of 11 /6/86 Order
to Remedy Violation which mandates Building Permit for new fenc-
ing . .Private ROW off the east- side of South Harbor Road ,
Southold .
(7 ) Matter of Appeal No . 3605 - TED DOWD. 280-A Application
for approval of access over private right-of-way extending from
the north side of the Main Road , Southold .
(8 ) Matter of 'PETER AND BARBARA HERZ . (Hearing to be
reconvened from earlier this evening on June 18th-see pg . 4 hereof. )
(9 ) Matter of IRWIN 'AND SONDRA THOMPSON , Appeal No . 3629.
(Recessed until June 18th as agreed , see . ' pg ., 3 hereof) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen
and Sawicki. . (Member Douglass was absent due to hospitalization . )
This resolution was duly adopted .
* * *
Y\� t
Southold Town Board of Appeals -18- May 21 , 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 for insufficient area , width , depth . Await Art . 6
Action per Co . Health Dept . communications .
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 reseparation of lots . Await DEC and Planning Board
applications to be filed for coordination/action .
Appeal No . 3274 - BEST , SCHMITT , SYVERSON. Variances for
insufficient area , width in proposed division of land . ROW off
E/s Camp Mineola Road , along Great Peconic Bay , Mattituck .
(**Await Co . Health Art . 6 , N . Y . S . D . E . C . , Planning Board before.
advertising public hearing . Recent change in title . )
Appeal No . 2929 - SAL CAIOLA. Project as proposed is
questionable . Status/clarification awaited . N/s CR 48 , Southold .
Southold Town Board of Appeals -19- May 21 , 1987 Regular Meeting
(UPDATE , continued : )
Appeal No . 3371 - FLORENCE ROLLE. Variances for area and
depth , two parcels . E/s Ole Jule Lane and N/s Kraus Road ,
Mattituck. (**Await Co . Health Art . 6 action . ) A. Wickham , Esq .
Appeal No . 3342 - PHILIP R . REINHARDT . Variances for
area and width (two parcels **Recessed from 5/25/83 as
requested by attorney for County Health Dept'. Art . 6 action
(and DEC) . N/s Pine Neck Road (opposite Park Way) , Southold .
R. Bruer , Esq .
Appeal No . 3191 - HERBERT MANDEL . Variance to change lot
line and locate garage-- in front/side. yard areas . E/s Linet
Lane Extension , Greenport . Premises of Clempner and Mandel .
(Await DEC action and PB input before advertising . )
Appeal No . 3249 - DONALD P . BRICKLEY . Variance for
insufficient area and width . S/s Bay Avenue and E/s Broadwater
Drive , Cutchogue . (**Await DEC , Art . 6 action and contour maps . )
Appeal No . 3268 - J . KATHERINE TUTHILL . Variance for
insufficient area , width and depth of lots proposed in this
" C" . Zone . Planning Board denied 9/84. (**Await DEC and Co .
Health Art . 6 action after formal applications . )
Appeal No . 3542 - TIDEMARK/CLIFFSIDE ASSOCIATES.
Await copies of 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 - ROBERT AND SUSAN D- URSO : Breezy Path ,
Southold . Await 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 ac_t_ion• - Area , .width and depth
variances . Alfred Skidmore , Esq . (Village water not available . )
requested concerning disturbance of s u f. Await
DEC action (afte o alter bluff areas before
~ Southold Town Board of Appeals -20- May 21 , 1987 Regular Meeting
UPDATES , continued : )
Appeal No . 3445 - JULIUS ZEBROSKI . Variance for approval
of two lots having insufficient area and width . E/s Waterview
Drive and N/s Bayview ,Road , Southold . (**Await Art . 6 action
and copy of C .O. Paul Caminiti , Esq .
Appeal No . 3449 - FRANK AND ETHEL BEGORA. Variances for
insufficient area , width and depth in this pending division
(three parcels ) . N/s Main Road , East Marion. ( **Await Co .
Health Art. VI action , corrected maps to show third parcel ,
and P . B. application/comments after submission of maps . )
P. 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 St . and N/s King Street ,
New Suffolk. (**Await Co . Health . Art . 6 action after application . )
Appeal No . 3426 - GERALD DOROSKI . Variance .for approval of
access (280-a) . N/s C. R. 48 , Pecon c . **Await additional informa-
tion to clarify ROW and P. B. input on pending division .
Appeal No . 3411 - ANDREW FOHRKOLB . Variance to restore
existing building for habitable use additional dwelling unit ) .
S/s Lipco Ittad , Mattituck . **Await scaled floor plans and
C .O. H. Rosenblum , Esq.
Appeal No . 3514 - GEORGE P. SCHADE .. Variances for insufficient
area , width and depth. Await Co . Health Art. 6 waiver before
advertising)
Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Variances for
insufficient area , width and depth. Two Lots N/s Pine Tree
Road , Cutchogud . (Await Art. 6 waiver/action before advertising .
Appeal No . 3496 - FREDERICK KOEHLER, JR. Cabana/beach house'
within 75 feet of water a ong Cutchogue Harbor , N/s Old Harbor Road .
(Await C.o. Health approval before advertising ) . H. Raynor , Agent .
Southold Town Board of Appeals -21 - May 21 , 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 .
for Bed and Breakfast . : Await dete pecial. Exception
for Accessor iec ed about 3/5/87 before proceeding .
Lane ,35-
Appeal No . 3600SE - T . LUCAS AND G . & A. BELIS . Special
Exception to allow 70 motel units on . 06516 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 § ix 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.
s
. Appeal No. 3602 - MARGARET 'McNAMARA. Wraparound deck within
75 feet of_, existing bul hea 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/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 , Mattit'uck . 1 /29' -re described parcel . Await
Co . Health Art. 6 approval . Rec . v� input an:. "EC permit (exp . 12/87 ) .
Henry Raynor , Agent .
� Southold Town Board of Appeals -22- May 21 ; 1987 Regular Meeting
(UPDATES , continued : )
Application for LOIS AND FRANK THORP,. E/s West Lane and
S/s North Lane (private ) , off the E/s Orchard Lane at East
Marion . Variances for approval of lots proposed with
insufficient area , width , depth , etc . **Await Notice of
Disapproval after application to Building Department ,
reissuance of filing fee , postmarked .certifi.ed-mail
receipts , etc.
Appeal No . 3293 - HAROLD. AND JO.SEPHINE DENEEN . Variances
for proposed ins.uffici,ent ,area , width' and depth of three
_parcel „s . W/s . ROWoff the SJs . Ba.yview Road (west .of
Waterview Drive ) , Southold . 280-a not requested . . **Await
Co . Health Art . VI and DEC approvals/acti_on .
Appeal No . 3367 - 'LO'IS 'AND 'P.ATRICIA LESNIKOWSKI . Variance
for approval of .two proposed parcels w.ith insufficient
area and width... S/s. North Drive , Mattituck . _**Await DEC .
building envelopes and setbacks not shown since enactment. .
of Local Law - Wetlands Setbacks .
Appeal No . 3355 - PAUL AND MARIETTA CANALIZO . Variance
to.. co,nstruct with insufficient setback in frontyard and
from wetlands . **Await. DEC and wetland setbacks map .
Trustees. reviews pending.
* * *
There being no other business properly coming before the
Board at this time , the Chairman declared. the meeting adjourned
at 10 : 45 o ' clock p .m. The Board agreed to arrange for a
Special Meeting within the next 10 to 14 days to continue
deliberations on those matters pending_ (which have had public .
hearings finalized) .
Respectfully submitted ,
�n
nda F. Kowalski , Secretary
Southold Town Board of Appeals
May 30 , 1987
G
Approved - 61Za ./8 XEC AND FILEDBY
Gerard P . Goehri ger , Chairman THE SOUTgOLD TOWN CLERK
DATE�" I10U11
•
Town Clerk, Town of Southold