HomeMy WebLinkAboutZBA-05/11/1987 SPEC J
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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
SPECIAL MEETING
MONDAY , 'MAY, 11 , 1987
A Special Meeting of the Southold Town Board of Appeals was
held on Monday , " May 11 , 1987 commencing at 6145 o ' c_lock. p ..m . i.n
the Office of the Building Department at Town Hall , Main Road ,
Southold , New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr. , Joseph H . Sawic_ki . Absent were : Members _Serge
Doyen (Fis„hers Island ) and Robert J . Douglass (due to bcspitaliz-
at_ion ) ._. Also present were : Victor Lessard , Administrator
( Building Department ) , Valerie Scopaz , Town Planner , and Linda
Kowalski , Board Clerk and Secretary.
Chairman Goehringer opened the meeting at 6 : 45 p .m . and
proceeded as follows :
PENDING DECISION : Appeal No . 3623 :
Application of PETER MARKOPOULOS for a Variance to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , and prior
Appeal No . 3297 rendered December 13 , 1984 , for approval of the
construction of a new single-family dwelling with an insufficient
westerly sideyard and insufficient total sideyards at Lot #16 ,
Captain Kidd Estates , along the south side of Sound Beach Drive ,
Mattituck , NY ; County Tax Map Parcel No . 1000-99- 1 -24.
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 23 ,
Southold Town Board of Appeals -2- May 11 , 1987 Special Meeting
(Appeal No . 3623 - PETER MARKOPOULOS decision , continued : )
1987 in the Matter of the Application of PETER .MARKOPOULOS under
Application No . 3297 ; 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 referred to as Lot #16 , Map
of Captain Kidd Estates , and is more particularly shown on the
Suffolk County Tax Maps as District 1000 , Section 99 , Block 1 ,
Lot 24.
2 . The entire premises has a frontage along the north side
of Sound Beach Drive 50 feet in length and depth of 150 feet .
The subject premises is presently improved with a new dwelling
structure under construction as permitted by Building Permit
#14198Z dated August 13 , 1985 .
3 . By this application , appellant requests area variances
for approval of : (a ) the insufficient westerly sideyard setback
at 11 . 7 feet , (b ) the insufficient total sideyards as revised
of 22 . 0 feet , (c ) the insufficient easterly sideyard at
10 . 3 feet .
4 . Article III , Section 100-31 , Column "A-40" of the Bulk
Schedule in the Zoning Code requires a minimum sideyard at 10
feet and 15 feet, and total sideyards at 2.5 feet . By Appeal
#3297 , a conditional variance was rendered December 13 , 1984 ,
permitting the construction of a principal dwelling structure
with sideyards at not less than 10 feet and 12 feet , and total
sideyards at not less than 22 feet .
5 . The amount of relief requested from the prior
Appeal is less than 10 inches , and zero percentage on the
easterly side yard, and total sideyards . The percentage of
relief requested from the requirements of the Bulk Schedule
of the Zoning Code is 11 percent.
Southold Town Board of Appeals -3.- May 11 , 1987 Special Meeting
(Appeal No . 3623 - MARKOPOULOS decision , continued : )
6 . Town records show that notification was given April 9 ,
1986 at the time of the first inspection that a foundation
survey was required . Subsequently , a foundation survey was
submitted to the Building Department , and a stop work order
and Notice of Disapproval was issued (December 11 , 1986 ) .
On March 19 , 1987 , this variance application was filed .
7 . Although the relief requested is self-imposed , it
is the opinion of the Board that the variance is the minimal
necessary and would cause a great economic hardship if deni._pd .
8. It is also the opinion of this Board that there
shall be no further protrusion into either sideyard area
to less than the 11 . 7 feet and 10-. 3 feet requested , including
any steps , stoops , decks , or other type of construction .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , to GRANT a Variance for approval of the
location of new dwelling structure with setbacks .at 10 . 3
feet at the easterly side yard -and 11 . 7 feet at the westerly
side yard as shown by survey amended January 7 , 1987 , prepared
by Young & Young , L . S . , as applied in. the Matter of the
Application of PETER MARKOPOULOS , SUBJECT TO THE FOLLOWING CON-
DITION :
That there be no further protrusion into either or
both sideyards at less than the requested 10 . 3 feet and
11 . 7 feet , including steps , stoops , decks ,. or other types
of construction .
Vote of the Board : Ayes : Messrs . Goehringer , Sawicki
and Grigonis . (Members Douglass and Doyen were absent. )
This resolution was duly adopted .
1
Southold Town Board of Appeals -4- May 11 , 1987 Special Meeting
PENDING DECISION : Appeal No . 3582 - LARRY AND SANDRA STAHL .
Application of LARRY AND SANDRA STAHL for a Variance to the Zoning
Ordinance , Article XI , Section 100-119 : 2 , for permission to construct
swimmingpool , deck and fence enclosure , within 75 feet of tidal wetlands ,
or tidal water , whichever is greater , at 1435 West Road , Cutchogue , NY ;
County Tax Map Parcel No . 1000-110-07-26 .
, Following deliberations , the board took the following action :
WH.E.R.EAS , a .pu.b.lic hearing was held and concluded on April 23 ,
1987. i n' the Matter .of .the App_1 i cati on.. of 'LARRY AND SANDRA STAHL under
_.Appeal. No . . 3582 ; 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
fa.m.iliar 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 XI , Section 100-119. 2 ( B) for permission
to construct an _inground pool of a size 20 '. by 40 ' , open deck
areas , and fence enclosure with an insufficient setback (at
its closest point) to the highwater mark at 32 feet. The
setback of the pool is shown to be not less than 36 feet from
the ordinary highw.ater mark .
2 . The premises in question is located along the south side
of West Road , Cutchogue , more particularly identified on the
Suffolk County Tax Maps as District 1000 ,_ Section 110 , Block 7 ,
Lot 26 , and contains a total area of. one acre .
3 . The subject premises is located in the "A-40" Residential
and Agricultural.- Zoning District and is improved with- a single-
family , tw.o-story framed dwelling with porch areas , having a
setback of 34± feet from the ordinary highwater mark as shown by
survey prepared November 25 , 1980 by Roderick VanTuyl , P . C .
Southold Town Board of Appeals -5- May 11 , 1987 Special Meeting
(Appeal No . 3582 - STAHL decision, continued : )
4 . The site in question is devoid .of vegetative cove.r along
the water side and is adjacent to Wickham Creek . Soils on the
site are mapped as filled land , dredged material . This soil con-
sists mainly of coarse sands with gravel and shell fragments .
Slopes on the site are flat; however , along the creek there is
a short steep slope of approximately a 1 . 5 feet horizontal to
1 foot vertical , which extends from slightly above the highwater
line , up to the yard elevation . The proposed pool would be
approximately 12 feet away from the top of this slope . Along
the toe of the. slope there is a wooden fence-like structure
(or rip-rap type ) with horizontal planks . The lowest plank is
partially buried about 4-5 inches deep on the creek side .
Under storm conditions and/or during Spring tides , scouring
may be caused along the lowest plank and would undermine it ,
possibly jeopardizing the stability of the slope .
5 . It is the opinion of this board that an alternative
and very similar location in the rearyard with a setback of
not clo_.ser than 40 .feet to the wooden (rip-rap type ) structure ,
or retaining wall , or the ordinary highwa_ter mark , whichever
is closer , is more feasible under the above circumstances .
The deck areas between the house and pool can be reduced
is size without difficulty , or in the alternative , a smaller
pool can be considered .
6 . It is noted for the record that by Building Permit
#10587Z , the existing dwelling was constructed , and accordingly,
the difficulties are self-imposed .
7 . In considering this appeal , the board also finds and
determines :
(a ) the relief requested is substantial in relation
to the requirements_, being a variance of 57 percent ;
(b) the relief as requested is not the minimal
necessary ;
(c ) the difficulties claimed are sufficient to
warrant the granting of alternative relief , as noted below ;
(d ) there is another method feasible for appellants
to pursue other than a variance ;
(e ) the circumstances of the property are unique ;
(f) the granting of this alternative relief is within
the spirit of the zoning ordinance .and criteria set by the
Courts ;
Southold Town Board of Appeals -6- May 11 , 1987 Special Meeting
(Appeal No . 3582 - STAHL decision , continued : )
(g ) the difficulties claimed are self- imposed ,
particularly to the location of the dwelling with a setback
from the front (road) property line at more than 100 feet;
(h ) in view of the manner in which the difficulties
arose and in view of the above factors , the interests of
justice would be served by granting the alternative relief ,
as indicated below .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , to GRANT a Variance under the Provisions of.
Article XI , Section 100-119. 2 for permission to construct
pool , deck areas , and fence enclosure , in the. Matter of the
Application of LARRY 'AND 'SANDRA STAHL , under Appeal No . 3582 ,
SUBJECT TO 'THE 'FOLLOWING CONDITIONS :
1 . No construction closer than 40 feet to the existing
retaining wall , or ordinary highwater mark , whichever is closer ;
2 . Placement of railroad ties or similar material approved
at a minimum depth of three feet below grade along the south and
east sides (facing water ) ;
3 . No runoff or discharge of pool waters into waterway and
Cove areas ;
4 . No overhead or obstrusive lighting (lights to be shielded
to the ground ) ;
5 . Minimum setbacks on all other property lines as required
by Code (particularly the southeast property line ) . [Column A-40
of the Zoning Code presently requires a minimum of 15 feet in one
sideyard , minimum of 20 fee.t in the other sideyard...]
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and
Sawicki . (Members Doyen and Douglass were absent. ) This reoslu-
tion was duly adopted...
Southold Town Board of Appeals -7- May 11 , 1987 Special Meeting
PENDING DECISION : Appeal No . 3621 :
Application of MICHAEL 'S . GILLILAND for Variances to the Zoning
Ordinance : (a) Article III , Section 100-32 for permission to con-
struct accessory two-car garage in the frontyard area , (b ) Article
XI , Section 100-119 . 2 for permission to locate new dwelling with an
insufficient setback from bluff/bank along the Long Island Sound .
Location of Property : North Side of Sound Drive , Greenport ,. NY ;
County. Tax* Map Parcel. No .. 1000-33- 7_-8; Map of Eas tern ._Shores ,__
Section - Four-,.._Lot. No-.. 10.9.
Following deliberations , the Board took the following action :
WHEREAS , a public hearing was held and concluded on April 23 ,
1987 in the Matter of the Application of MICHAEL S . GILLILAND
.under Appeal No . 3621 ; 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 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 8 , and is known
and referred to as Lot #109 , Map of Eastern Shores , Section Four ,
filed March 7 , 1966 .
2 . The subject premises consists of a total area of
30 ,984 sq . ft . with frontage along Sound Drive of 100 feet , and
average lot depth of 328± feet. The premises is presently vacant
and is located in the "A" Residential and Agricultural Zoning Dis-
trict .
3 . The relief requested by this application is a setback. of
not less than 55 feet from the .45-foot contour line along the
Southold Town Board of Appeals -8- May 11 , 1987 Special Meeting
(Appeal No . 3621 - GILLILAND decision , continued : )
Long Island Sound Bluff as more particularly shown by sketched
survey (amended October 7 , 1986 ) prepared by Roderick VanTuyl ,
P . C . The distance below the 45 ' contour to the ordinary high-
water mark at its closest point is 57± feet . The proposed house
location is 125± feet to the ordinary highwater mark at its
closest point and is fairly level , as compared to the remainder
of the property . The bluff face and toe appear fairly stable .
There is some vegetation on the bluff face . At the toe of the
bluff and on the beach (north of the 45 ' contour) , there are
numerous large boulders aiding in stabilizing the bluff. The
lot does contain depressions along the southerly areas .
4 . Article XI , Section 100-119. 2 , subparagraph A[l ] requires
all buildings proposed on lots adjacent to the Long Island Sound
to be set back not less than one-hundred (100 ) feet from the top
of the bluff , or bank. The Board finds that although it may be
possible to construct the dwelling with a minimum setback of
100 feet from the top of bluff (without a variance ) , the
proposed location is more feasible in light of the above
factors .
5 . For the record , it is noted that the dwelling on the
easterly parcel (presently of Ehrenreic) is setback 45± feet
at its cloest point to the top of bluff/bank as shown by
survey dated January 24 , 1975 . The premises to the west
(Lot 108 ) is vacant .
In considering this appeal , the Board also finds and
determines :
(a ) the relief requested is substantial in relation to
the requirements , being a variance of 45% , or 45 feet ;
(b) the placement of the new dwelling at a point not
closer than 55 feet from the top of bluff in not unreasonable
and will not be detrimental to adjoining properties or change
the character of the districts ;
(c ) the circumstances of the property are unique ;
(d ) the practical difficulties are sufficient to warrant
a conditional granting of the variance , as noted below ;
(e ) the difficulty cannot be obviated by some method
feasible for appellant to pursue other than a variance ;
Southold Town Board of Appeals -9- May 11 , 1987 Special Meeting
(Appeal No . 3621 - GILLILAND decision , continued : )
(f) the granting of the relief requested is within the
spirit and intent of the zoning ordinance and maps ;
(g ) in view of the manner in which the difficulties arose
and in view of the above factors , the interests of justice would
be served by granting the relief, as indicated below.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr. Goehringer , it was
RESOLVED , to GRANT a Variance under the Provisions of
Article XI , Section 100-..,119. 2 (A) for permission to locate
new dwelling (with all structural attachments ) , in the
Matter of ,the Application of MICHAEL S . GILLILAND under
Appeal No . 3621., SUBJECT TO THE FOLLOWING CONDITIONS :
1 . No construction closer than 55 feet to the top of
bluff/bank (45 ' contour line ) , as applied ;
2 . The westerly sideyard area remain open and
unobstructed a minimum of 15 feet at all times (for easy
emergency access ) ;
3 . No excavation within 50 feet of the top of bluff
(45 ' contour line ) ;
4 . No further setback reductions to bluff areas ; and
BE IT FURTHER RESOLVED , to WITHDRAW the Variance for
an Accessory Garage Structure in the frontyard area as
requested .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis
and Sawicki . (Members Doyen and Douglass were absent . )
This resolution was duly adopted.
Southold Town Board of Appeals -10- May 11 , 1987 Special Meeting
PENDING DECISION : Appeal No . 3546 : GREGORY FOLL.ARI by
Clarence W. Powell as Agent. Pending application to permit
the regrading of area within 50 feet of the top of existing
bank/bluff along the Long Island Sound in accordance with
N . Y . S . Department of Environmental Conservation Permit No .
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 .
In deliberating , the Board indicated that they were not
furnished with a plan showing the soil conditions , diameters
of trees to be removed , and contours to be changed , and
did not feel they were in a position to approve same without
this information . Rather than acting on this application
as stands , the Board thought it would ask the applicant ' s
agent , Mr. Powell , whether or not he would submit the
requested information within our time period for delibera-
tions , and in no event later than June 16th or 17th . Our
June Regular Meeting has been scheduled for June 18th and
the Board would then make a determination in this matter .
The Chairman was authorized and directed to send the above
request to Mr . Powell as agent for Gregory Follari . The
Board members unanimously agreed .
PENDING DECISION : Appeal No . 3620 :
Application of THOMAS BALL for a Variance to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , for
permission to locate new dwelling with an insufficient setback
from the east property line along Arshamomaque Avenue , Southold ,
Map of Beixedon Estates , Block 7 , Lot 7 , County Clerk File
No . 1472 ; County Tax Map Parcel No . 1000-66-02-46 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 23 ,
1987 in the Matter of the Application of THOMAS BALL under Appeal
No . 3620 ; 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
Southold Town Board of Appeals -12- May .11 , 1987 Special Meeting
(Appeal No . 3620 - 'BALL decision , continued : )
WHEREAS , the Board members have personally viewed and are
familiar with the premises in question , its ,p_resent zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellant requests a Variance from
the Provisions of Article III , Section 100-31 to locate a new
single-family dwelling as shown by survey prepared by Peconic
Surveyors and Engineers , P. C . dated March 2 , 1987 .
2 . The premises in question is located along the southerl.y
side of a 15 '_ private right-of-way and along the west side of
Arshamomaque Avenue , Southold . The subject- premises is iden-
tified as Lot 4 , Map of Beixedon Estates , Block 7 , filed
March 16 , 1946 , and is more particularly known as County Tax
Map District 1000 , Section 66 , Block 2 , Lot 46 .
3 . The subject premises is located in the "A" Residential
and Agricultural Zoning District and is presently vacant land .
4. The relief requested by this appeal is for the
placement ' of a proposed single-family dwelling six feet from
the easterly property line along a paper street (shown on the
1946 Map of Beixedon Estates as Arshamomaque Avenue ) . The
applicant has indicated his access to the house would be from
the northerly 15-ft . right-of-way and not Arshamomaque Avenue ,
and that this easterly yard area would be the side of the
proposed house . The setback from the westerly side property
line is proposed at 15 feet , and the total yard areas would
be 21 feet .
5 . Article III , Section 100-31 , Bulk Schedule of the
Zoning Code requires minimum sideyards at 10 and 15 feet , and
a total of not less than 25 feet . The Building Inspector has
indicated for the record that although he disapproved the
initial uilding permit application for an insufficient side-
yard setback , the record does not reflect whether or not there
is a possibility that the "Arshamomaque Avenue" as mapped
could not be improved for access in the future .
6 . It was the consensus of the board members that if
the applicant wishes to consider a modification to the plan
for an eight-foot setback from the easterly property line ,
Southold Town Board of Appeals -13- May 11 , 1987 Special Meeting
(Appeal No . 3620 - BALL decision , continued : )
with documentation which would assure that the improvement
and widening of the paper road (referred to as Arshamomaque Avenue )
is not feasible , the Board would consider alternative relief.
7 . It is the position of the Board that although the
character of this parcel of land is unique and lends to the
difficulties in constructing many different designs of dwell -
ings , the relief requested is substantial in relation to the
requirements of the zoning code, being a variance of 40% from
the easterly setback' (as a sideyard) , and a variance of four
feet from the required 25-ft . total . The practical d.iff_iculties
.are not sufficient to warrant a granting of the total variances
requested ,_.. as established 'by the-. Courts , particularly in view of
th-e vacant status of this parcel at. this time . Under the
circumstances , there are alternatives feasible to pursue which
are not unreasonable .
8. In considering this appeal , the Board also finds and
determines :
(a ) the relief requested is substantial in relation
to the requirements ,_ being a variance of 40% ;
( b ) the relief as requested is not the minimal
necessary;
(c ) the difficulties claimed are not sufficient to
warrant the granting of relief as applied , although alterna-
tive relief would be considered by subsequent application ;
(d ) there is another method feasible for appellants
to pursue other than the relief requested;
(e ) the circumstances of the property are unique ;
M. the variance if allowed will not have an effect
of increased population density.thus produced on available
governmental facilities ;
(g ) there will not be a change in the character of
the neighborhood or substantial detriment to adjoining properties ;
` (h ) in view of the manner in which the difficulty arose
Southold Town Board of Appeals -14- May 11 , 1987 Special Meeting
(Appeal No . 3620 - BALL decision , continued : )
and in consideration of all the above factors , the interests of
justice will be served by denying the variance , as applied .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr. Grigonis , it was
RESOLVED , that the relief requested under Appeal No. 3620
in the Matter of the Application of THOMAS BALL for an insuffi -
cient setback at six feet from the easterly property line , BE
AND HEREBY IS 'DENIED WITHOUT "PREJUDICE; AS APPLIED .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis
and Sawicki . (Members Doyen and Douglass were absent . ) This
resolution was duly adopted .
'VIOL.ATION 'OF_ 'COND.ITIONAL SPECIAL EXCEPTION : The Chairman
discussed the. Matter of James Tyler with Mr . Lessard , Building-
Department , . concerning the Conditions of the Special Exception
rendered during January 1986 . Mr . Lessard said that he was
awa.re of the violation of Co.ndition. No . 4 concerning the vehicle
doors in the front of the building. It -'was agreed that the
violation should be corrected or the applicant should apply
to resolve this matter, as well as be advised of th.e violation
immediately . No C . O. s have been or will be issued until this
matter is resolved .
PENDING APPLICATION: Special Exception of Mr. and Mrs .
Robert Dier for Bed and Breakfast Accessory Use . The Boar
agreed to schedule this matter for public hearing for May 21 ,
1987 . A `letter from the Building Department concerning
compliance of the previous Special Exception is forthcoming
and Mr . Lessard agreed to submit by the hearing date .
Southold Town Board of Appeals -15- May 11 , 1987 Special Meeting
CORRESPONDENCE: Appeal No . 3611 - RAYMOND KERESTER . Inquiry
was received May 8 , 1987 from the Law Offices of Edson and Bruer
for a clarification of Condition No . 1 of the Board ' s April 23 ,
1987 decision which reads as follows :
Condition No . 1 : "No disturbance of any freshwater or
saltwater wetlands or wetland grasses defined by Chapter 97 (13) of
the Town Code , for road construction, development , or any other
activities . "
The letter specifically feels a definition of "no disturbance" is
required , and assume that their client cannot erect a structure
and does not prohibit the owner (s ) from transversing his property.
After reviewing the attorney' s. correspondence , motion was
made by Chairman Goehringer , seconded by Member Sawicki , to
forward the following re_s_ponse :
. . . This letter is in response to your recent correspondence
concerning the above matter and this Board ' s conditional
approval rendered April 23 , 1987 .
Condition No .. l of the Board ' s. Apr.il 23 , 1987 decision
is meant to protect a,ll saltwater a_nd .freshwater wetlands
in all respects .
If you have applications pending or proposed , it is
imperative that a.,l_I, freshwater and .saltwater areas be
depicted on the su_rveey or plan to determine whether the
area of construction , roadway , excavation , etc. will be
affecting these wetland areas.. Additional reviews will
be. necessary if the wetland areas are disturbed in any
manner (as _well. as any other environmental agency or
department hav_i_ng jurisdiction ) by subsequent applications .
The application reviewed under Appeal No . 3611 did not
directly. _request disturbance to wetland areas or insufficient
setbacks and was an application dealing with lot width
(not building construct.ion ) . The application also did not
include wetland areas which m-ay be affected by proposed
construction , etc . and therefore is limited.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis
and Sawicki . (Members Douglass and Doyen were absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals - 16- May 11 , 1987 Special Meeting
PENDING INCOMPLETE 'APPLICATION: Appeal No . 3581 - GEORGE D. DAMIEN.
The Board members ' acknowl_edged receipt of Mr . Damien':s letters received
May 4 , 1987 , April 9 , 198 and March 30 , 1987 , which requested the Z . B. A.
schedule his matter for a public hearing , as is , without further
processing by the County Health Department which may or may not be
necessary according. to : Mr. Damien ' s understanding .
On motion by Mr . Grigonis , seconded by Mr . Sawicki , it was
RESOLVED,. to forward, the. follo.wing response. to Mr. Damien in
accordance .with. this' Board '.s. po.si.tion_of December 2 ,.' 1986 ; and
reiterating the. Board ' s, M6rch_._9 ,', 'l987 and December 29., 1986. responses :
. . . In response to your recent letters , please be advised
that' your:,r.equest to schedule a public hearing without
the required .Suffolk 'County Health Department Article VI
approval for this. division was considered by all the
Board members , and your request was denied .
To help to clarify the difference between the prior
and -pres_e_nt applications , please note the following :
1 . The prior application (#3503 ) requested a review
and---clarification o_f_ ,Appeal #949 , and the Board ' s Action
was rendered November 3; 1.986 and forwarded to you . This
application was not a direct request under #3503 for area
variances (as is the present application ) .
2 . The present application requests area variances in
a proposed division _of. ,land , and it is our understanding
that this project fo.r_.a_.division of land is subject to
all ru.les and- regulations , including_ Article VI approval
of„the Suffolk County Health Department. (The prior
4pplications_ #35.0.3 and' #949 did not approve two lots . )
The March 27 , 1987, letter from the Suffolk County Health
Department con_fi.rms its position that .your proposed
division is not exempt ; and therefore .you must proceed
with their agency for their current ap.provals .
We are enclosing a copy of Mr . Reynolds March 27 ,
1987 correspondence. and ask that you proceed with their
_,agency.
We are sorry about necess :ty _ of-. Arti.cle VI , however ,
we are not permitted 'by.. law to act without same , and
your variances on this two-lot proposal without the
Southold Town Board of Appeals -17- May 11 , 1987 Special Meeting
(Re : Damien ; continued : )
County ' s approval under Article VI would become fruitless
and 100% ineffective . . . .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and
Sawicki . (Members Douglass. and Doyen were absent. ) This resolu-
tion was duly adopted . .
`S.ET:=:UPS.. '.FOR. '.H.E.AR'INGS:. ':F.O'R' "MAY '211 '1987 : On motion by Member
Gri goni s :seconded by_ Chai-rman Go.ehri nger ' i t was
RESOLVED , that the following matters be and hereby are
scheduled-_for public hearings to be held on THURSDAY , MAY 21 , 1987
by the Southold.: Town. Board of .Appeal s at the Southold Town Hal 1 ,
Mai n Road , So_u-thol d , New :York :; --_a-nd -authorizing publication :
735. p .m. Ap.p1 .. No . 3624 = 'ERNE.ST 'TARMIN;
7 : 40 -p.m-: Ap-p1 :. 'No . 3625 'PUDGE CORP .
7 : 45 -p.m. App-1,.. No . ' :362.6 .�. ,N�O.RTH. '.FORK EARLY LEARNING CENTER;
7 : 50. .p-.m. Ap.pl- No-. 3632 !-=. '.NO.RTH '-FORK EARLY LEARNING CENTER;
7.:55 -p .m : App-1 No . ' 3630. -= '.J.O HN KRRMER AND WAYNE DePETRIS;
8 :00 -p-.m-. Apr-1-.. No . ' .36.29. := IR.WIN. 'AND 'S.ONDRA THOMPSON;
8 :05 p-.-m. App-1 . No . ' 35.86 --: ',ROB.E.RT. =AND 'HELEN DIER;
8,6.15 p :m. A-p-p-1- No 3439. 7 !.ARNOLD. AND KA-RENVBLAIR
8 :2-0 -p-.m`: Ap-pl. No . ' 354.3 PETER 'AND 'BARBARA HERZ ;
8 :40 .p .m. App-1-. No . ' 359.3 'THE 'QUIET MAN INN.
Vote of the. Board: Ayes : Messrs . Goehringer , Grigonis and
Sawicki . (_Members Douglass and D'oyen were absent. ) This resolu-
tion was duly adopted._
UPDATE ON PENDING APPLICATION : Appeal No . 3412 - HERZWEIG & MOORE
(Previously Cramer and Herzweig . The Board acknowledged receipt of
the SEQRA Findings from the Southold Town Trustees received this date .
(The final documents , covenants by the Town Trustees , etc. will be
prepared by Town Attorney Francis J . Yakaboski . )
Southold Town Board of Appeals -18- May 11 , 1987 Special Meeting
PENDING APPLICATION : Appeal No . 3546 - GREGORY FOLLARI .
Public Hearing was held and concluded on April 2.3 , _1987 . The
Board members diredted that Mr . Powe1-1 , as agent for the
applicant , or other representative , furnish the Board with
a plan similar to a topographical map which will show all
existing growth , tree diameters , soil content and contours
within the area near the bluff line to be regraded . The
Board also questioned the 8 ' by 50 ' by 100 ' dimensions given
i.n the _application under consideration . The deadl.ine for
rendering d,.:decision in this matter is about June 18th , and
the above must be furnished as soon as possible .
PENDING APPLICATION : Appeal No . 3439 - ARNOLD AND KAREN
BLAIR. Public _Hearing scheduled for May 21st . The Board
directed that a letter with copies of the file be forwarded
to the Soil and Water Conservation District of Suffolk
County:.;requesting their evaluation of this proposed.
SIGN REVISIONS OF THE ZONING CODE PROPOSAL : In accordance
with the r.ecent..Co.de=Committeei.;meeti.ng , the Board members
agreed to the following recommendations . Motion was made by
Chairman Goehringer , seconded by Member Grigonis , and duly
carried , to respond to the Code Committee with the following
recommendations and conditions to be incorporated under
Article X , Section 100-110 (C ) OR Accessory Uses in each of
the Zoning Districts [Article III , IV , V , VI , VII , VII ,
Sections 100-30 (C ) , 100-40 (C ) , 100-50 (C ) , 100-60 (C ) , 100-70 (C ) ,
100-80 (C ) of the Zoning Code] concerning Political Advertising .
. It .was also noted that prior to 1982 , Special Exceptions were
referred to this Board under Article III , Section 100-30C (6 ) [f]
for all types of off-premises advertising , including temporary
signs ,of local civic , charitable and public activities .
POLITICAL ADVERTISING
C . TEMPORARY POLITICAL ADVERTISEMENTS (including signs )
permitted by .Special Exception by the Board of Appeals
subject to the following requirements (in addition to any
other requirements .necessary and rendered by the ZBA after
reviews ) :
Southold Town Board of Appeals - 19- May 11 , 1987 Special Meeting
1 . Written permission of the property owner (s ) for placement of
advertisement .
2 . In the event of transfer or conveyance in title of premises ,
the Board of Appeals shall be notified within 60 days of such
date of conveyance or transfer together with the new owners '
names , address , and written permission before the placement of
such advertisement . In the event the owners ' written permission
is canceled or unobtainable , this Special Exception permit shall
immediately become null and void .
3 .' Advertisement (sign ) shall not exceed 4 ' by 6 ' , and a total _
area from edge to edge of 24 sq . ft .
4. Top of- sign shall not exceed 10 feet in height from ground
level .
5 . Lower edge of sign shall be not less than four feet above
ground level .
6 . Sign must be located no less than 10 feet from any property
line or right-of-way or street line , whichever is closer.
7 . Sign shall not be lighted, or illuminated in any way .
8 . Sign may- be double-faced .
9. Sign shall advertise only a general , special or primary
election , school district , fire district , or other district
election or referendum held by any governmental authority .
10 . Sign shall not be placed on property of any governmental
district or public utility , or within a.ny public or public
streets or rights-of-way .
11 . Advertisement shall be posted not more than 30 days prior
to date of election and shall be removed .within 10 days after
the date of such election or referendum .
12 . Only one temporary politcal advertisement shall be
permitted for each lot .
13 . Fe.e for Special Exception Application : $15 . 00 .
14 . Placement of said advertisement shall not require a separate
application or fee for a sign permit from the Building
Department .
15 . A copy of the Special Exception decision shall be referred
to the Office of the Building. Department for recordkeeping
and enforcement .
Southold Town Board of Appeals -20- May 11 , 1987 Special Meeting
(Sign Revisions , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and
Sawicki . (Members Doyen and Douglass were absent. ) This resolu-
tion was duly adopted..
There being no other business transactions properly coming
before the Board at this time , the Chairman declared the meeting
adjourned . , The meeting wa.s adjourned at 8 :30. o ' clock p .m.
Respectf,u,lly submitted ,
inda. F. Kow*1k , Secretary
__S.outhold Town Board of Appeals
June 10 , 1987
App-foved - Gerard P.. Goehr ger - 6110/87
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DA
(,,'-/y 9-7 HO 9 nm,�s
Town Clerk, Town of Southold
i