HomeMy WebLinkAboutZBA-04/23/1987 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 M I N U T E S
JOSEPH H. SAWICKI - - - - - -
REGULAR MEETING
THURSDAY ; APRIL 23 , 1987
A Regular Meeting and 'Public Hearings of the Southold Town
Board of Appeals were held on 'THURSDAY , APRIL 23 , T987 commencing
at 7 ': 30_ o ' c1ock p .m . at the Southold".T'own_ Ha.11. , Main Road ,
Southold., New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr. ; Robert J . Dou,gl.ass ; and Joseph H. Sawicki. .
..Absent was_: Serge Doyen of ..Fishers Island due to poor weather
conditions . Also pre.sent were : Linda._ Kowalski , Board Secretary ,
and approximately 16 persons at the beginning of- the meeting.
Chairman, Goehringer opened the meeting at 7 : 30 p .m. and
proceeded .as follows :
PENDING DECISION : Appeal No . 3511 :
Application of KAPELL REAL ESTATE INC . and LIMPET CORP . for
Variances to the Zoning Ordinance , Article III , Secti.on 100-31 ,
Bulk Schedule , for approval of insufficient : (1 ) lot area , . (2 )
lot width , (3 ) lot depth , of two parcels in this pending division
of land . Location of Property : Linnet Street and Brown Street,
Greenport; Greenport Driving Park Map , Lots 16 and 65 ; County
Tax Map District 1000 , Section 48 , Block 3, Lot 25 . 1 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on March 5 ,
1987 in the Matter of the Application of KAPELL 'REAL ESTATE INC .
and LIMPET 'CORP , under Application No . 3511,;. _and
WHEREAS , at said hearing all those who desired to be heard were
Southold Town Board of Appeals -2- April 23 , 1987 Regular Meeting
(Appeal No . 3511 - KAPELL & LIMPET CORP . , decision , continued : )
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 Lots 16 and 65
as shown on "Map of Property of Greenport Driving Park , " filed
December 1 , 1-90.9 as _Map No . 36.9 , and is more particularly shown
on the Suffolk County Tax Maps as District 1000 , Section 48 , Block
3 , Lot 25.. 1 .
2 . The entire premises as exists contains a total area of
11 ,256 sq . ft . , lot depth of 225 . 14 feet , and 50 ft. lot
width . The. premises is presently vacant .
3 . 'By this application , appellants request area variances
for approval of (a ) insufficient lot area of 5 , 628 sq. ft. , lot
depth. of 11_2 . 55 feet , and_ lot width of 50 feet of proposed Lot
B; and (b) insufficient lot area of 5 ,628 sq . ft . , lot depth
of 112 . 55 feet , and lot width of 50 feet of proposed Lot A, as
more'_ particularly shown o.n map prepared by Roderick VanTuyl ,
P . C . amended May 1 , 1986 .
4. Submitted for the record is a copy of the January 13 ,
1987 approval from the Suffolk County Department of Health
Services and letter dated August 5 , 1986 , from the. Superintendent
of Public Utilities of the Village o_f Greenport authorizing
conditiona.11y hook-up_ for Lot__#16 . It- is the understanding of
the Board that water services are available along Linnett Street
for proposed Lot A (#65 ) , and that water service is available
to proposed Lot B (#16 ) along Brown Street .
5 . For the record it is noted that an application is
pending at this time before the Southold Town Planning Board
for subdivision set-off approval .
6 . Articl.e III , Section 100=31 ,. Bulk Schedule of the
Zoning Code requires a minimum, lot ,area of 80 ,000 sq . ft. ,
minimum lot width of 175 feet , _and minimum lot depth of 250
feet .
7 . The amount of relief requested from the lot area
requirements is 74937.2 sq-., ft. , or a percentage of 92 . 5% .
8. It is the understanding of the. Board that the subject
premises was not held in single and separate ownership ,
' Southold Town Board of Appeals -3- April 23 , 1987 Regular Meeting
(Appeal No . 3511 - KAPELL & LIMPET CORP . , decision , continued : )
although the lots are shown as Lots 65 and 16 on the 1909
Subdivision Map of "Greenport Driving Park. " It is also
our understanding that to date , no subdivision or set-off
approvals have been rendered by the Southold Town Planning
Board .
9 . In viewing the immediate area , the Board finds that
the following Lots as shown. on the "Map of Greenport Driving
Park" in the immediate vicinity of the subject premises do
not appear to have been "held _in _single and separate ownership
prior to November 23 , 1971 _and thereafter" as required by
Article III , Section 100-31 (A) of the Zoning Code : (a)
Lots 67 and 66 ; (b) Lots _64 , 63 , 62 , 61 and 18; (c ) Lots
60 , 59 , 26 , and 28 ; (d) Lots 30 and 32 ; (e ) Lots 42 , 43
and 44 ; (f) Lots 40 and 41 ; (g ) Lots 7 and 8; (b ) Lots
71 and 72 ; ( : ) Lots 54 and 55; (j ) Lots 48 , 49 and 50 ;
W Lots 1 and 2 ; (1 ) Lots 11 , 13 and 15; (m) Lots 17 ,
19 and 21 ; , (n ) Lots- 28 , 25 , 27 , _29 and 31 .
10 . It has been held by the Courts (VanDusen v . Jackson ,
35 AD20 58) that a Board _ofAppeals cannot under the semblance
of a variance exercise legislative powers . It is apparent
that the variances requested are substantial with respect to
lot area , lot width , and lot depth:; ; and would in effect
establish a zone district completely at odds with all other
zone districts provided for in the. zoning code and zoning
map . This board does not believe that it has the authority
to create new zoning districts under the guise of a variance .
11 . It is the consensus of the Board that this and other
simil__ar subdivisions created prior to the enactment of zoning
in 1957 could be included in the "Exceptions " List of the
Zoning Code alternatively .
NOW , THEREFORE , on motion by Mr . Douglass , seconded by
Mr . Grigonis , it was
RESOLVED , that it is the determination of this Board that
it is without jurisdiction to grant the relief as requested ,
and the appeal is therefore DENIED .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass an-d Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
Southold Town Board of Appeals -4- April 23 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3611 :
Application of 'RAYMOND AND ELEANOR KERESTER for a Variance to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for
approval of insufficient lot width of three parcels , each containing
4. 6± acres , in this pending minor subdivision . Location of Property :
West Side of Pradise Point Road and north side of North Bayview Road ,
Southold , NY ; County Tax Map Parcel No . 1000-81 - 1 -25 .
Following deliberations , the board took the following action :
WHEREAS , a public hea.ri'ng. wa.s held on March 5 , 1987 and April 2 ,
1987 , at which time__the - hearing -was concluded , in .the Matter of the
Application of 'RAYMOND 'AND 'ELEA.NOR 'KERESTER, Application No . 3611 ; and
WHEREAS , at said hearing a.11 those who desired to be heard were
heard and their testimony recorded ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning. this application_; and
WHEREAS , the board. members have personally viewed and are
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 described parcel of land con-
taining a ' total area of 13 . 85 acres which extends from the north
side of. North. ._Bayview Road and the west side of Paradise Point
Road , Southold , Town of Southold , and is more particularly desig-
nated on the Suffolk County Tax Maps as District 1000 , Section
81 ,. :Block. 1 , Lot 25 . the entire premises is vacant at this time .
2 . By this application , appellants request a Variance from
the Provisions of Article III , Section 100-31 , Bulk Schedule of
the -ZoningCode , for approval of: (a ) the insufficient lot width
of proposed .Lot No . 1 of 150_. feet; (b) the insufficient lot
width of proposed Lot No ._.. 2 of 150 feet , and (c ) the insufficient
lot width_ of. proposed Lot No . ' 3. of 150 feet , and frontage along
North Bayview Road of 169 . 42 feet . Lot No . 3 as proposed is a
corner lot as defined by Section 100-13-Definitions of the Zoning
Code .
3 . Each of .the parcels as proposed will contain a minimum
n
Southold Town Board of Appeals -5- April 23 , 1987 Regular Meeting
(Appeal No . 3611 - KERESTER, decision , continued : )
lot area of 4. 5 acres (inclusive of right-of-way and low contour
areas ) , and new construction will be regulated by Column A-80 of
the Zoning Code .
4 . Records show that the subject 13. 85-acne parcel is owned
by Eleanor M. Kerester and Jamal Manass_ah (Deeds at Liber 9310
cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated
October 9 , 1970) .
5 . The amount of relief requested as to the lot width of
each proposed parcel is 25. feet , or 14% of the requirements .
6 . It is noted for the record that : (a ) Permit #10-86-1817
was issued January 2 , 1987 by the N . Y . S .-Department of Environ-
mental Conservation concerning this subdivision ; however , any
proposed development will need an additional application to
and approved by the NN . Y.S . D. E . C . Bureau of Marine Habitat
Protection ; (b ) an application for subdivision approval is
pending with the Southold Town Planning Board , whose preliminary
comments were received February 11 , 1987 ; (c ) approval was
received December 16 , 1986 from the Suffolk County Department
of Health Services concerning this subdivision .
7 . It should be understood that the actual "building
envelopes" as shown on the survey plan amended. April 2 , 1987
are not part of the .approval in this variance application and
therefore is not to be automatically considered acceptable
building areas . One of the main concerns in these areas is
full protection of the wetland and pond areas , and the
_pos_I,t_ion of the right-of-way to Lots 1 and 2 should be
located in an area distant from wetland areas .
In considering this appeal , the board also finds and
deter-mines : ' (a ) the percen_tage.. of relief requested is not
sub.stantial. .in relation to the requirements ; . (b) the circum-
stances of ,the property are unique ; (c ) there will not be
a .substanti.al change in the character of the neighborhood ;
(d ) the re.l_i_ef requested is not unreasonable and there is
no . other method feasible for appellants to pursue other than
a variance; (e ) the safety, health , welfare , comfort ,
convenience and order of the Town will not be adversely
affected by the grant of this variance ; (f) in view of the
manner in which the difficulties arose and in considering all
the above factors , the .interests of justice will be served by
allowing the variance , as conditionally noted below.
Accordingly , on motion by Mr . Goehringer , seconded by
Mr .* Grig.o.nis „__ it was
RES.OL.VED, to 'GRANT a Variance from the Provisions of
. Ar.ticle III', _Secti_on, 100 ' 31 ,. Bulk Schedule , of the Zoning
a
Southold Town Board of Appeals -6- April 23 , 1987 Regular Meeting
(Appeal No . 3611 - KERESTER decision , continued : )
Code for the insufficient lot width of proposed Parcels 1 , 2
and 3 at 150 feet , as shown by plan amended April 2 , 1987 by
Roderick VanTuyl , P . C . in the Matter of RAYMOND KERESTER;
Application No . 3611 , SUBJECT TO THE 'FOLLOWING 'CONDITIONS :
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 other activities ;
2 . No lot-line changes or adjustments without formal
applications to the Board of Appeals and the Planning Board ;,
3. This variance is temporary for a maximum period of
two years , EXCEPT where the pending division. of land has been
transferred by _deed or other , legal document to reflect the
subdivision lines accordingly (and filed in the Office of
the Suffolk County Clerk ) ;__
4. Planning Board Subdivision and 280-a Approvals .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . . (Member Doyen was absent . ) This
resolution was duly adopted. __
Southold Town Board of Appeals -7- April 23 , 1987 Regular Meeting
PUBLIC HEARINGS:
7 : 42 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3546 = GREGORY FOLLARI , Mr . Powell
appeared in behalf of the applicants , No public opposi -
tion was submitted during the hearing . ) [See verbatim
transcript of statements prepared under separate cover
and filed simultaneously herewith at the Office of the
Town, ,Clerk ..] Following , the hearing , motion. was made by
Chairman Goehring_er, seconded by Member. Grigonis , to
conclude ._the hearing , pending deliberations.,. Vote of
the Board : Ayes : Messrs : Goehringer , Douglass ; : Gri.gonis ,
and Sawicki . (Member Doyen was absent . )
7 : 47 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3620 =. THOMAS BALL . Mr . Ball was
present and .spo_ke in behalf of the application . (No
opposition was presented during the hearing . ) [See
verbatim transcript of hearing prepared under separate
cover and filed simultaneously herewith at the Town
Clerk ' s Office for reference . ] Following the hearing ,
motion was made ,by Chairman Goehringer , seconded by
Members Douglass and Sawicki , to concluded the hearing ,
pending deliberations . Vote of the Board : Ayes : All .
7 : 55 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3621 - MICHAEL S . GILLILAND . Mr.
Gilliland was present and spoke in . behalf of his
.application . Mr . Gilliland withdrew the . portion of
the,. variance pertaining to the accessory garage in
the frontyard and said he would re-apply for that
relief if necessary under separate application .
[See verbatim transcript prepared under separate cover
and filed simultaneous.ly herewith at the Town Clerk ' s.
Office for reference . ] Following the hearing , motion
was made by Chairman Goehringer ,. _ seconded by ,Member
Douglass , to conclude the hearing , pending deliberations .
Vote of the Board : Ayes : All . four members present .
8 : 04 p .m . Public hearing was held and concluded in the
Matter of Appeal No . 3623 - PETER MARKOPOULOS. Harvey
Arnoff, Esq . spoke in behalf of the application . Also
present and submitting testimony were William Holden , Esq .
in behalf of his brother , Robert Holden : _ [See verbatim
transcript of hearing prepared under. separate cover and
Southold Town Board of Appeals -8- April 23 , 1987 Regular Meeting
(Public Hearings , continued : )
filed simultaneously herewith at the Town Clerk ' s Office for
reference . ] Following testimony , motion was made by Chairman
Goehringer , seconded by Member Sawicki , to conclude the hear-
ing , pending deliberations . Vote of the. Board : Ayes : All :
8 : 23 p .m . Public hearing was held and concluded in the Matter
of Appeal No . 3582 -� LARRY 'AND SANDRA 'STAHL .. Arthur Siemerling
spoke in_ behalf of the applicants as agent_/contractor. (No
public opposition was submitted 'duri:ng. .the hea.r.i.ng . ) [See
_verbatim transcript of -hearfng :prep.ared under sep-arate__ cover
and _-f,i,led simultaneously wi.ththe. _Town Clerk ' s Office for
references ] Following testimony , motion was made by Chairman
Goehringer, .seco_nded 'by Member Sawicki , to conclude the
hearing , pending delib.era.tions . Vote .of the Board : Ayes : All .
8 :28 p .m . '
.m Public Hearing -was held and concluded in the Matter
of .Appe.al No. 3593 THE ::QU•T.ET '.MAN '.INN. William D . Moore , Esq .
spoke in behalf of the applicants' and requested a postponement
until our next hearing date in order to -receive comments from
the Planning. Board concerning the .site-plan elements for this
proposed addition in a B.71_ General. Busi-ness Zoning District .
Motion was made by Chairman Goehringer , seconded by Member
Sawicki , to recess the hearing in the Matter of Appeal
No . 3593 until our May 21 , 1987 Regular Meeting , as requested .
Vote of the Board : Ayes : All .
8 : 37 p .m. - 8: 43 TEMPORARY RECESS. Motion was made by
Chairman - Goehringer , - seconded by Member Grigonis , to recess
for approximately three minutes . ' The motion was duly carried .
8 :.43 p .m . MEETING RECONVENED. Motion was made by Member
Grigonis , seconded by Member Sawicki , to reconvene at this time .
Vote of -the Board : Ayes : All . (Member Doyen was absent . )
8 : 43 p .m. ENVIRONMENTAL DECLARATIONS : Motion was made by
Chairman Goehringer , seconded by Member Grigonis , to declare the
following _ Environmental Declarations in accordance with Section 617 ,
N . Y . S . Environmental Quality Review Act (SEQRA) , and Chapter 44 of
the Code of the Town of Southold :
(a ) Appeal No . 3546 = GREGORY FOLLARI= "Unlisted" Action ;
(b ) Appeal No . 3621 = MICHAEL . S .' .'GILLILAND.. "Unlisted" Action ;
(c ) Appeal No . 3620 = THOMAS BALL Type II ` Action ; --
(d ) Appeal No . 3623 =PETER MARKOPOULOS "Type II " Action;
(e ) Appea-1. No . 358.2 = LARRY AND SANDRA STAHL "Type II " Action ;
(f). Appeal No . 3593 = THE 'QUI.ET .MAN INN; -
Southold Town Board of Appeals -9- April 23 , , 1987 Regular Meeting
(Environmental Declarations , continued : )
(a ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. 3546
PROJECT NAME: . . . .GREGORY- F-OLLARI
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: ( .j Type II ( X] Unlisted [ ]
DESCRIPTION OF ACTION: Permit the regrading of area within 50 feet
of the top of existing bank/bluff along Long Island Sound in accordance
with DEC Permit #10-86-1233 issued March 10, 1987
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: N/s Sound' Dr. , Greenport 1000-33-1-15
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects t:o
the environment are likely to occur should 'this project be impio-
mented as planned;
(2) Reviews and action have been finalized by the N.Y.S. Department
of Environmental Conservation.
(3) The relief requested is not directly related to new construction.
Southold Town 'Board of Appeals - 10-April 23 , 1987 Regular Meeting
(Environmental. Declarations , 'continued:')
(b) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3621
PROJECT NAME: - - M'I'CHAEL' 'S'.' 'GILL'IL'A'N'D
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: [ ) Type II [ XI Unlisted [ ]
DESCRIPTION OF ACTION: Construct* two-car garage in frontyard area
and permission to locate new dwelling with an insufficient setback from
bluff/bank along Long Island Sound.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly kgbwn as: N/s Sound Dr. , Greenport, NY 1000-33-1-8
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Asse.agent '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 indicatin
that the project will not involve the disturbance of wetland grasses
or areas subject to flooding which may be considered wetlands.
Southold Town Board ' of Appeals711 - April 235 1987 Regular Meeting
(Environmental Declarations , continued : )
(c ) S.E.Q.R.Al.
NEGATIVE ENUI'RONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3620
PROJECT NAME: THOMAS' BALL
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 [ J Unlisted [ ]
DESCRIPTION OF ACTION: permission to locate new dwelling with an
insufficient setback from -the east property line along .Arshamomaque
Ave.
LOCATION OF PROJECT: Town of Southold., County of, Suffolk, more
particularly knpwn as: A'rshamomaque Ave.. ,. Southold 1000-66-02-46
REASON (S) SUPPORTING THIS DETERMINATIO14:
(1) An Environmental Assessment in the short form has b�cn
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be implo-
mented as planned;
(2) Construction proposed is landward of 10 ft. elevation contour;
no disturbance of land seaward of the 10 ft. contour will occur.
(3) The relief requested is a setback variance as regulated by
Section 617 . 13, 6 NYCRR, SEQRA
Southold Town Board of Appeals -12- April . 23 , 1987 Regular Meeting
(Environmental Declarations , continued : )
(d ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. t 3623
PROJECT NAME: PETER M,ARKOPOULOS
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 [ J Unlisted [ ]
DESCRIPTION OF ACTION: Construction of new dwelling/foundation
with an insufficient westerly side and insufficient total sideyards to
less than that granted under Appeal No. 3297 (12/13/84)
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly kppwn as: Sound Beach Drive, .Mattituck, NY 1000-99-1-24
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 implo
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 indicati
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 -13- Apri,.l 23,. 1987 'Reg ul'ar. .Meeain'g
(Environmental Declarations , continued : )
(e ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION.
Notice of Determination of 'Non-Significance
i --
APPEAL NO. : 582 ---
PROJECT NAME.
LARRY AN'D' -S'AND'RA 'S'TAHL
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 044-4 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: . [XJ Type II [ J Unlisted [ )
DESCRIPTION OF ACTION:Construct swimmingpool, deck and fence
enclosure, within 75 feet pf tidal wetlands or tidal water, whichever
is greater.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly knpwn as: 1435 West• Road, Cutchogue, -NY 1000-110-07-26
- 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 this project be imlile-
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 indicatinc
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 -14- April 23 , 1987 Regular Meeting
(Environmental Declarations , continued : )
(f) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3593
PROJECT NAME: THE QUIET MAN 'INN
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• addition in this "B-1" Gen. Business
Zoning Dist. with an insufficient• frontyard setback from the westerly
line along Hobart Ave. ,
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: Main Rd. •and Hobart. Ave. , Southold, NY
1000-62-3-.7
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.
(3) The relief requetted is a setback variance as regulated by
Section 617. 13, 6 NYCRR, SEQRA
Vote of the Board : Ayes : Messrs . Goehringer , •Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers . Island was absent
due to weather conditions . )
Southold Town. Board of Appeals - 15- April 23 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3609 :
Application of GULL POND DAWN CORP . for a Variance to the Zoning
Ordinance , Article XI , Section 100-119 . 2 for permission to construct
single-family dwelling with an insufficient setback from existing
wood bulkhead along mean highwater mark of Dawn Lagoon . Location
of Property : East Side of Dawn Drive , Cleaves Point , Section 3 ,
Lot 70 , Greenport , NY ; County Tax Map District 1000 , Section 35 ,
Block 5 , Lot 17 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 2 ,
1987 in the Matter of the Application of GULL POND DAWN CORP . ,
_.File No . 3609 ; 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 , appellant requests a Variance from
the Provisions of Article XI , Section 100-119 . 2 ( B) to construct
a new dwelling structure with an insufficient setback at its
closest point at not less than 42 feet from the nearest waters
edge , or bulkhead , as more particularly depicted by survey prepared
December 25., 1987 (sic ) by Peconic Surveyors & Engineers , P . C .
2 . The premises in question is located along the east side
of Dawn Drive , Greenport , and is located in the "A" Residential
and Agricultura,.l Zoning District .,.._
3 . The subject premises is known as Subdivision Lot 70 ,
"Map of Cleaves Point , Section 3" filed June 14 , 1966 as Map
No . 4650 ,. is presently vacant , and_. c_onstructe.d along the east
si_de' of the premises.---is a wood bulkhead a length of 100± feet .
4. Article XI , Section 100-119. 2 , subparagraph ( B) requires
all buildings and structures located on lots adjacent to tidal
water bodies other than the. Long Island Sound to be set back not
less than seventy- five (75 ) feet from the ordinary highwater mark
Southold Town Board of Appeals -16- April 23 , 1987 Regular Meeting
(Appeal No . 3609 - GULL POND DAWN CORP . , decision , continued : )
of such tidal water body , or not less than. seventy-five (75 ) from
the landward edge of the tidal wetland , whichever is the greater
distance .
5 . The Courts have held that the area setback variance must
meet the "practical difficulties " standard , considering as
follows : (a ) the relief requested is not substantial in rela-
tion to the requirement; (b ) the project as proposed is not
out of character with the neighborhood ; (c ) the circumstances
of the property are unique and are not personal in nature ;
(d ) the variance will not in turn be adverse to the safety,
health , comfort , convenience or order of the town ; (e ) the
variance requested is the minimal necessary ; (f) there is
no other method feasible for appellants to pursue other than
a variance .
6 . It is the opinion of this board that.: (a ) the relief
requested is the minimal necessary under the circumstances ;
(b) the project as proposed is not out of character with the
neighborhood ; (c ) the circumstances of the property are
unique and are not personal in nature ; (d ) the variance
will not in turn be adverse to the safety , health , comfort ,
convenience or order of the town ; (e ) there is no other
method feasible for appellants to pursue other than a variance ;
(f) th_e percentage of relief requested is substantial in
relation to the zoning requirement; however , there are estab-
lished setbacks existing in the area similar to that proposed
herein .
7 . It is noted for the record that : (a ) a waiver under
File #10-.87=0242 was issued by the N . Y . S . Department of
Environmental Conservation dated March 5 , 1987 ; (b) a
conditional permit was granted by the Southold Town Trustees
March 26 , _l 987 .
NOW , THEREFORE , on motion by Mr . Goehringer , seconded by
Mr . Douglass , it was
RESOLVED , to GRANT a Variance as applied under Appeal
No . 3609 in the Matter of 'GULL 'POND 'DAWN CORP . to permission
to construct new dwelling with ,an insufficient setback of
not less than 42 feet from the an
waters edge or bulkhead ,
whichever is closer ; SUBJECT 'TO THE 'FOLLOWING CONDITIONS :
1 . New dwelling to be constructed as shown on survey
prepared by Peconic Surveyors & Engineers , P . C . dated
December 25 , 1987' (sic ) ; any proposed expansion of the
dwelling or deck areas within the 75-ft. .setback area will
requ_ire__ application for consideration..
2 . Entire deck remain open and unroofed.
3. Entire deck area to remain u!n,i.nhabi.tab:le .
Southold Town Board of Appeals - 17 April 23 , 1987 Regular Meeting
(Appeal No . 3609 - GULL POND DAWN CORP . decision , continued : )
4 . Setback of nearest construction to .waters edge , or
bulkhead , whichever is closer , shall be not less than 42 feet .
Vote' of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . This resolution was duly adopted .
(Member Doyen was absent . )
PENDING DECISION : File No . 3615 :
Application of CARMINE AND DONNA DiSPIRITO for a Special Exception
to the Zoning Ordinance , Article III , Section 100-30 (B) [1 ] for permis-
sion to establish and construct two-family dwelling at 6030 Youngs
Avenue , Southold , NY ; Minor Subdivision Map 378 , Lot 4 ; County Tax
Map District 1000 , Section 55 , Block 2 , Lot 1 . 4.
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on April 2 ,
1987 in the Matter of the Application of CARMINE AND DONNA DiSPIRITO
under File No . 3615; 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 , applicants request a Special Exception
as regulated under the Provisions of Article III , Section 100-30 (B) ,
subsection [1 ] , of the Zoning Code for permission to establish
two-family dwelling use in a proposed principal dwelling on this
vacant parcel .
2 . The property in question is located in the "A-80" Residen-
tial and Agricultural Zoning District, having frontage along the
east side of Yo.ungs. Avenue (a/k/a Railroad Avenue ) , and a total
acreage of _4. 102 acres as more particularly shown by survey amended
February 25 , 1987 , prepared by Roderick VanTuyl , P . C.
3. The subject premises is more particularly referred to as
Lot No . 4 , Subdivision Map No . 378 approved by the Southold Town
Planning .Board , and is identified on the Suffolk County Tax Maps
Southold Town Board of Appeals - 18- April 23 , 1987 Regular Meeting
(Appeal No . 3615 - DiSPIRITO' decision , continued : )
as District 1000 , Section 55 , Block 2 , Lot 1 . 4.
4. Column "A- 180" ' of the Bulk and Parking Schedule of the
Zoning Code , and Article III , Section 100-30 (B) [1 ] permit a
two-family dwelling by Special Exception , subject to site plan
approval by the. Planning Board , a minimum lot area of 180 ,000
sq . ft . , minimum lot width of 270 ' feet , and minimum lot depth
of 250 feet . Each dwelling unit is required and is proposed
to have a minimum liveable area of 850 sq . ft. , at a maximum
height of 35 feet. . The total lot width and depth of the
premises is shown to be 316 . 93 _feet and 668 . 07 feet , respectively.
5 . It is noted for the record that Certificate of Occu-
pancy No . Z14118 dated December 26 , 1985 has been issued to
Randazzo Building Co . , Inc. (predecessors in title ) concerning
this property .
6 . The survey plan amended February 25 , 1987 depicts
the proposed location of the two-family dwelling which is
shown : (a ) _to be set back 125 feet from the west front
property line , and building .envelope outlining the minimum
setback_. requirements of 30 feet from the north side line ,
20 feet from the south side line , and 75 feet from the rear
(east ) property line ; (b ) a_._. minimum lot area of 160 ,000 sq .
ft . for this two.-family use .
7 . In making this determination , it shall be understood
that this project shall not violate any building or zoning
code regulations and accordingly must -be established in
accordance with all rules and regulations for a two-family
dwelling structure._ and use .
In considering this application , the board also finds and
determines that : (a ) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of properties
in adjacent use districts ; (b) the use will not adversely affect
the safety , welfare , comfort , convenience or order of the town;
(c ) the use is _ in harmony with and promote the general purposes
and intent of zoning . Th_e board has also considered subsections
[a] through .[1 ] of Article XII , Section 100-121 ( C) [2] of the
Zoning Code in--making this determination .
Accordingly; on motion by Mr. Grigonis , seconded by
Mr'. Sawicki , it. was
.RESOLVED , that a Special Exception BE AND HEREBY IS APPROVED
in accordance with Article III , Section 100-30 B. 1 of the Zoning
Code in the Matter of the Application of CARMINE AND DONNA DiSPIRITO
for the establishment of a two-family dwelling use , SUBJECT TO
So.uth.o.l.d. .To:wn.. Board of Appeals -19- April 23 , 1987 Regular Meeting
(Appl . No . 3615 - DiSPIRITO , decision , continued : )
THE FOLLOWING CONDITIONS :
1 . Each dwelling unit/apartment shall have a minimum
livable floor area of 850 sq . ft . pursuant _ to the requirements
of the Bulk Schedule of the Zoning Code ;
2 . The second dwelling unit' s exterior entranceway shall
not be at the front (road ) side ;
3. Subject premises shall remain a minimum area of 160 ,000
sq . ft . as applied for this two-family dwelling use .
V.ote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was absent . ) This resolution
was duly adopted .
PENDING DECISION : Appeal No . 3613 :
Application of 'GREGORY 'PAULOS for a. Variance. to .the Z.oni'ng Ordinance ,
Article XI , Section 100=119. 2 for permission to cons.t:ruct de.ck addition
to dwelling with an .insufficient setback from bluff .along. Long Island
Sound . Location of Property : North Side of ,Soun_d.. .View _Ro_ad , Map of
Orient By-The-Sea , Section Two , Lot 46 , 'Orte.nt ,. 'NY; Cou.nty. Tax _Map
District 1000 Section 15 , Block. 3 , 'Lot' 4 .
Following deliberations, the board took the following action :
WHEREAS, 'a public hearing was held and - concluded on April 2 ,
1987 in the' Matter '.of the App_1 i cation-_ of :GREGORY P_A.ULOS under-_ Fi le
-No . 3613 ; 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 t_hi s ap.pl i catio.LLn; and
WHEREAS, the. board members_ have person.a,lly. viewed and are
familiar with the premises in question ,, its _presen't zo.ni'ng , and
.the surrounding areas ; and
WHEREAS , the board made the following fi.ndin:gs of fact :
I . 'By this application , appellant requests a -Variance from
the Provisions of Article XI , Secti-o.n 100-.1.19.'2 (A) for permission
to construct deck at the rear' (north s.ide)__of the existing
dwelling with a setback at its closest point-_ at not. less th.an
40 _feet from the top of bluff along the_-Long Isl.and' _Sound .
--- ----- -
2 . The premises in question is a substandard parcel known
and referred to as Lot No . 46 , Map of "Orient By-The-Sea , '
Southold Town Board of Appeals -20- April 23 , 1987 Regular Meeting
(Appeal No . 3613 - PAULOS decision , continued : )
Section Two" and is presently improved with a single- family ,
dwelling structure , as depicted on survey prepared by Roderick
VanTuyl , P . C . January 12 , 1973 , with setbacks of: (a ) 82±
feet from the front property line , (b) 102 feet from the west
side line , (c) 29± feet from the east side property line .
The setback from the northeast corner of the house appears to
be approximately 56 feet from the top of the bluff [see Soil
and Water Conservation District report dated March 2 , 1987] .
3 . It is noted for the record that along the top of the
bluff, there is a very, low berm which aids in controlling
runoff water from flowing down onto the bluff face . Raising
the he_ i ght of the berm a_t the surface i nl et__-by__ 12 to, 18 inches
would help to .alleviate any future storm-water surface runoff
(after construction of the deck) .
4. The overall dimensions of the deck as requested are
a 30 .ft. width , and _ 12 ft. depth ,__-except at the 1.2 ft . center
which widens to a depth-. of 16 -feet . Also proposed are 8-ft.
wide steps off the center- of the deck ._..
5 . Article XI , Section 100-..119. 2 , subparagraph [A] (1 )
requires all buildings .on lots__ adjacent to the _Long Isl_an_d
Sound to be set back not less than one-hundred (100 ) feet from
the top of the bluff, or -bank.
6 . The existing setback of the dwelling is- 56± feet ,
and the deck as proposed woul"d .reduce th_e setback by not more
than 16 feet , to. 40__feet at -its closest point (s ) .
J . The consensus of the Board is to permit construction
of a deck as shown on the building construction plan ,
without a physical attachment..-to -the dwelling , and with a
setback not closer than 40 fet to the top of the bluff.
In considering this appeal , the board also finds and
determines that construction of the deck (detached from
the dwelling) and not closer than 40 .feet to the top of
bluff: -_ _(a ).. is not unreasonable under the circumstances ;
(b) __ is substantial in relation to the requirements ; (c)
will not create a substantial change in the character of
the.-_ area ; (d ) is feasible _since _there is no other
method feasible for appe.1-lant to pursue other than a
Southold Town Board of Appeals -21 - April 23 , 1987 Regular Meeting
(Appeal No . 3613 - PAULOS decision , continued : )
variance ; (e ) is within the spirit of the zoning
ordinance and will serve the interests of justice ; (f)
will not cause a substantial effect of increased popula-
tion density or be adverse to the safety , health , welfare ,
comfort , convenience , or order of the town .
Accordingly , on motion by Mr . Goehringer , seconded
by Mr . Sawicki , it was
RESOLVED , to 'GRANT a. Variance under the' Provtsi.ons
of Article XI , Se.cti_on.I 00-.119. 2 (.A) ' in the Matter of
the Appl_.i cati on of IGREGORY;_ P_AULOS ,. fi l e. No . ` 3613 , for
the construction of._ a .-deck -_at -_the . r.ear'. (north .side ) of
existing dwelling ; SUBJECT. TO 'THE 'FOLLOWING 'C.OND.ITI.ONS :
1 . Deck be no larger than 12 feet in depth ;
2 . Deck be no closer than 40 feet to the top of
bluff (at its closest-. point) ;
3 .' Deck must be physically unattached to dwe.,lling -,
4. Stairway area be no wider than eight feet;
5 . Wind-break `type screening (fencing , etc . ) 'at a
height of five feet be placed on _the east side of deck; or
in the alternative , ta.I_.1 trees to a height of .five feet
or more , plus the height from deck to ground. 1._evel ..
6-. 'Deck not be enclosed or converted for living area;
7 . This - variance is temporary for a maximum period of
two years , EXCEPT where a - building- permit has been__ properly
issued and construction 'commenced within this limited
two-year period .
Vote of the. Board : Ayes : Messrs .. Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was.-- absent . ) This—
resolution was duly adopted.
Southold Town Board of Appeals -22- April 23 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3616 :
Application of FLINT ST . CORP . AND RIVER CIRCLE CORP . for
Variances to the Zoning Ordinance., Article III , Section 100-31 ,
Bulk Schedule , for approval of insufficient lot area , depth and
width of two parcels in this pending division of land , fronting
along Linnett Street and Flint Street , Greenport Driving Park
Lots 68 and 76 , Greenport , NY ; County Tax Map District 1000 ,
Section 48 ,. Block 2 , Lot 32 .
. Following deliberations , the board took the following
action :
W.HER.EAS , a public hearing was held and concluded on April 2 ,
1987 _ in - the - Matt er _of the Application of FLINT ST CORP . AND
RIVER C.IR.CL'E C.ORP . under Application No . 3.616, 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 concerni_ng_ .this application.; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the _s-urrounding areas ; and
WHEREAS , the board made the following findings of fact:
1 . The premises in question is referred to as Lots 68 and
76 as-. shown on "Map of Property of Greenport Driving Park , "
filed December T 1909 _as Map _No . 3.69 , and is more particularly .
shown on the' Suffolk County Tax Maps as District 1000 , Section
48, :Block 2,. L.ot. Nos . 32 . and 28 .
2 . ' The .entire premises as exists contains a total area of
11 ,256_. sge ft. , average, lot depth of 225 . 13 feet , and .50 ft.
1._ot .wi.dth_. The premises is presently improved with a single-
fam,ilytdwe.,lling with setbacks of .11 feet from the west side
property' l i_ne ,_ 75 feet from the front property line along -Flint
Street ,._ 26± feet from the easterly property line , 116± feet
from the front property line along Linnett Street .
3. By this application , appellants request area variances
for ap.prov,al of (a..) insufficient lot area of 5 ,628 sq . ft. ,
Southold Town Board of Appeals -23 April 23 , 1987 Regular Meetimg
(Appeal No . 3616 - FLINT ST . & RIVER CIRCLE , decision , continued : )
lot depth of 112 . 57 feet , and lot width of 50 feet , of the
southerly proposed lot ; (b) insufficient lot area of 5 ,628
sq . ft . , . lot depth of 112 . 57 feet , and lot width of 50 feet ,
of the proposed northerly lot , as more particularly shown by
survey prepared November 5 , 1986 by Roderick VanTuyl , P . C .
4 . Submitted for the record is a copy of the January 30 ,
1987 approval from the Suffolk County Department of Health
Services (#87-32 ) concerning this preexisting subdivision "Map
of Greenport Driving Park , " Lot No . 76 and 68 .
5 . It is the understanding of the Board that the existing
dwelling is serviced by Village water. Information concerning
the- existing cesspools was not furnished for the record .
The proposed southerly parcel is to be serviced by both Village
water and sewer utilities .
6 . For the record it is noted that an application is
pending at this time before the Southold Town Planning Board
for subdivision set-off approval .
7 . Article III , Section 100-.31 ,. Bulk Schedule of the Zon-
ing Code requires a minimum Tot area of 80 ,000 sq . ft . , minimum
lo_t width of 175 feet , and minimum lot, depth of 250 feet .
8 . The amount of relief requested from the lot area
requirements is 74 ,372 sq . ft. , or a percentage of 92 . 5%.
9. Upon information and belief, the subject premises was
not held in single and separate ownership , although the lots
are shown as Lots 76 and 68 on the 1909 Subdivision Map of
"Greenport Driving Park. " It is also the understanding of
this Board that to date ,' no subdivision or set-off approvals
have been rendered by the Town concerning this property .
10 . In viewing the immediate area , the Board finds that
the following Lots as shown on the "Map of Greenport Driving
Park." _in the immediate vicinity of the subject premises do
_not appear to have been "held in single and separate owner-
ship prior to November 23 , 1971 and thereafter" as required
by Article III , Section 100.-31.(A) of the Zoning Code : (a)
Lots 7 and 8; (b ) Lots 9 and 10 ; (c ) Lots 71 and 72;
__(d ) Lots 73 and- 74; (e ) Lots 87 and 89; (f) Lots 54
Southold Town Board of Appeals -24- April 23 , 1987 Regular Meeting
(Appeal No . 3616 - FLINT ST . & RIVER CIRCLE , decision , continued : )
and 55 ; (g ) Lots 48 , 49 and 50 ; (h ) 51 and 52 ; (i ) Lots
67 and 66 ; (j ) Lots 64, 63 , 62 , 61 and 18; . (k) 60 , 59 ,
26 and 28 .
11 . It has been held by the Courts (VanDusen v . Jackson ,
35 AD2d 58) that a Board of Appeals cannot under the semblance
of a variance exercise legislative powers . It is apparent
that the variances requested are substantial with respect to
lot area , lot width , and lot depth , and . would . in effect
establish a zone district completely at odds with all other
zone districts provided for in the zoning code and zoning
map . This board does not believe that it has the authority
to create new zoning districts under the guise of a variance .
12 . It is the consensus of the Board that this and other
similar subdivisions created prior to the enactment of zoning
in 1957 could be included in the "Exceptions" List of the
Zoning Code alternatively .
NOW , THEREFORE , on motion by Mr . Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , that it is the determination of this Board that
for the reasons set forth above it is without jurisdiction to
_grant the relief - as requested , and the appeal is therefore
DENIED .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
i
Southold Town Board of Appeals -25- April 23 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3618 :
Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING
CORP . for a Variance to the Zoning Ordinance , Article VI , Section
100-62 for permission to operate convenience store in addition to
existing gasoline service station uses at 7400 Main Road , Laurel ,
NY ; County Tax Map District 1000 , Section 122 , Block 7 , Lot 01 .
Following deliberations , the board took the 'fo,llowing action :
WHEREAS , a public hearing was held .and concluded on. April 2 ,
1987 in the Matter -of the Application _of .SUKRU ILGIN and MINE PEKSEN
d/b/a 'OCEAN HOLDING 'CORP. under Appeal .No . 3618 ; 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 under
the Pro--visions of Article VI , Section 100-62 , (which requires a
minimum lot area of one, acre for a shopping center) , in order to
establish a "convenience store" for the on-premises sales of
packaged food and non-food items (without food preparation or
on-premises food services ) , in conjunction with the existing
gasoline-service station use .
2 . The premises in question is a described parcel of land
located in the " B-l " General Business Zoning District , containing
a total lot area of- 11 , 984 sq . ft .
3 . The subject premises is improved with the following
structures : (a) two islands with full -service fuel -dispensing
pumps ; (b) gasoline station office and two-bays , all as shown
on survey prepared February 13 , 1987 by Peconic Surveyors &
Engineers , P . C .
4 . The area to be used for the "convenience store " is
Southold Town Board of Appeals-26- April 23 , 1987 Regular Meeting
(Appeal No . 3618 - ILG.IN dnd others , decision , continued : )
at the southerly half of the existing structure of a size
27 . 6 ft . x 28 . 9 ft . The most northerly half will continue
to be used as a gasoline-station office area .
5 . The consensus of the Board is to permit the estab-
lishment of a "convenience store " in the southerly half of
the existing structure to be used accessory and incidental
to the gasoline-service station use , and not as a separate
principal business use . It shall be understood that only
one exterior entranceway shall be permitted at the west side
of the existing building which is presently for the gasoline-
station office area, and a second entranceway which the
own.er finds necessary shall be located only .at the east side
of the existing building .,_. The minimum eight parking spaces
must remain open and. unobstructed at all times to allow
safe and convenient parking for customers .
6 . It is noted for the record that a site.-plan applica-
tion is presently pending before the Southold Town Planning
Board , a_nd Certificate of Occupancy #Z10810 was issued by the
Southold. Town Building Department on December 9 , 1981 to
Peter-J . Warren and Linda L . Ryan (predecessors in title )
_for a _gas service station .._
7 . It is also understood that the existing vehicle
lifts and vehicle-repair areas will be eliminated and replaced
with. this accessory "convenience _store" .use .
In considering this application , the board also finds
and determines : (a ) that the use as proposed is consistent
with and wall promote the general purposes of the zoning code
and maps ; __(b)_ the circumstances_. of the property are unique ;
(c ) there will not be a substantial change in _the essential
character of the neighborhood ; (d )._ there is no other method
feasible for appellants to pursue other than a variance ; (e )
_the re_Tief requested is substantial in relation to the require-
ments ; M. the relief as conditionally granted will not
prevent. the orderly and reasonable use. of .this district or
adjacent use districts ; ' (g ) the safety , health , welfare ,
comfort , convenience and order of the. Town will not be
a.dv_ersely affected by the proposed business use and its
location; (h ) the interests of justice will be served by
,allowing the variance , as conditionally noted_. below .
Accor.din.gly , on motion by Mr . Sawicki , seconded by
Southold Town Board of Appeals -27- April 23 , 1987 Regular Meeting
(Appeal No . 3618 - ILGIN AND OTHERS , decision , continued : )
Messrs . Douglass and Goehringer , it was
RESOLVED , to GRANT a Variance under the Provisions
of Article VI , Section 100-62 for the establishment of a
"convenience store" accessory and incidental to the
existing gasoline-service .station use in this "B-l " General
Business Zoning District , as applied under Appeal No . 3618,
Matter- of - SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING
CORP . ; 'SUBJECT 'TO THE 'F LLOWIN 'C TIONS :
1 . Any additional proposed exterior entranceway
shall be-. located on the east side of the existing building ;
(on ay one as exists shall be permitted on the west side ) ;
2 . The parking area( s ) : (a ) shall be paved along the
east side of existing building; (b ) shall remain open and
unobstructed at all times for customers use ; (c ) shall be
sufficiently lighted ;
3 . All outside lighting shall be sufficiently
shielded. from_ the highway and neighbors ;
4. A maximum four sq . ft . sign shall be placed on
the front of building indicating "PARKING AT THE REAR" (east
side ) FOR CONVENIENCE STORE CUSTOMERS ;
5 . The "convenience store" use granted hereunder
is permitted only accessory and incidental to the gasoline-
service station use presently established , and not as a
separate principal business... -use ;
6 . No food service or sales of prepared foods , no
cold cut/deli items , or other food services (except pre-packaged) ;
7 . No expansion or further construction without
reapplication or new application for consideration to both
the Planning Board and _Zoning Board of Appeals , and any other
department or agency having jurisdiction thereof.
8 . This variance is temporary for a maximum period of
two years , EXCEPT where a building permit has been properly
issu.ed and construction c.omme.nced to convert this building as
proposed herein , within this limited two-year period .
Vote of the . Board : Ayes : Messrs .- Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted .
Southold Town Board of Appeals -28- April 23 , 1987 Regular Meeting
REVIEW/UPDATE OF PREVIOUS APPEAL NO . 2325 - In response to
recent correspondence from the Town Planning Board concerning
the limitations of the previous decision rendered under this
Appeal on January 18 , 1980 , the Board Members agreed that the
right-of-way as accepted on January 18 ; 1980 was only for one
house lot and was not reviewed for additional lots or minor
subdivisions at that time . It was the consensus of the
Board that this right=of-way has not received appropriate
approvals for any other newly proposed house lots and Z..B.A.
jurisdic.tio'n would appear to encompass the area joining the
east end of .Long Creek Drive and lands now or former'ly__of .
Ofri'as (a .length of 1000± feet ) . . .
New York Town Law , Section 280-.a. does not .a.1l.ow .the is.s.u.ance
of any permits - for the erection of .build.ing (s ) without appropriate
280-a._ approval and improvement of .such-_ right-o.f-w:ay , and _a new
application will therefore be necessary for any ad.dition.al house
lots and building permits therefor. '
On motion by Chairman Goehringer , seconded by Member
Grigonis , it was
RESOLVED , that the portion of ,the right-o.f-.way extending
from the east end of Long Creek Drive for.-.. a... Ien-gth,_ of 1000±
feet up to lands now or formerly of Ofrias , was__: limited under
New York Town Law , Section 280-.a , to only one house lot as
applied on January 18 , 1980 .
Vote of the. Board : Ayes : Messrs . Goehringer, Grigonis ,
Douglass and Sawicki . (Member D'oyen of. .Fi shers- Island was absent . )
"APPR.O.VAL. '.OF 'M.I.N.UTESe On motion by Chairman Goehringer ,
seconded by:Member G;rigonis, it was _
RESOLVED , to approve the Minutes of .the fo.11owi.ng Meetings
of this Board as submitted :
March 5 , 1987 Regular Meeting , and
April 2 ,. 1987 Regular Meeting .-
Vote of the Board : Ayes : Messrs . Goehringer ,. Grigonis ,
Douglass:.and Sawi.cki . (Member ' Doyen of. .Fisher_ s ' Island was absent. )
This resolution was duly adopted ._
Southold Town Board of Appeals -29- April 23 , 1987 Regular Meeting
REFERRAL UNDER. SEQRA: Minor Subdivision Proposal of
CHARLES W . BOWMAN ; Main Bayview Road , Southold; 1000-78-7-3,4 ,5 and
1000-76-3-34. 2 .
After reviewing the proposed subdivision map referred by
the Planning Board under SEQRA, the Board members agreed to send
the following response ♦ and _agreed with the ,Planning.. Board ' s
designation as lead agency : __
1 . The contours shown on .t.he: April 4.,. .19.86 Map prepared by
Howard- W. - Young do not make refer.e.n.ce.. to.�.the,_ exi sting elevations .
[Maps of all existing contours-___sho.uld. be .fur.ni shod
. l..
2 . The freshwater and saltwater wetland areas below the
5 ' contour line (landward of ,the tidal we line ) should be
delineated and identified . If there are no other wetland areas
other than "tidal , " certification should be endorsed .o_ n the map .
(Lot #2 is questionable . )
3 ® Areas of proposed construction sho,uld be flagged for
on-site inspections . __
4 . Areas of proposed altered contours and fill placement
should,_be .fl`agged _for„_on-site inspections .
5 . Cattails and other grasses defined by Ch . 97 of the
Zoning Code do appear to exist in area_.s close_, to the road and
towards the proposed construction areas , and should be evaluated
before any fill..i.ng of the property commences .
If it is found that the areas of .proposed construction are
within. .75 feet of .the nearest freshwate_ r _or saltwater wetland ,
or will require _an application to this Board in any other manner ,
additional _asses sments.-.may be necessary .
-UPD.ATE : Appeal. No . ' 3439 '.AR.NOLD. '-AND '.K.AREN. BLAIR.. The
Board 'acknowlodged receipt of ,a cap;y ;of. t-he` .s.ubd.i,v .si_on map
endorsed by the Suffolk County. He.al.th Department (exemptin,g
the Article. VI requ_irement) , _and four pr7nts of a survey
indicating building envelopes , Isetbacks , wetlands , wetland-
grass areas , a_nd. varied contours north of th_e. 5 ' cont.our , _as
requested 'by our December, 13 ,, 1985 letter. The attorney__ for
Southold Town Board of Appeals -30- April 23 , 1987 Regular Meeting
(Update - Blair - Appeal No . 3439 : )
the applicants expect to receive and furnish the amendments of
the N . Y . S . D . E . C . Permit #10-83-0357 before our advertising
deadline . The Board agreed to schedule this matter for a
public hearing to be held May 21 , 1987 , subject to receiving
the Amended DEC Permit _by our advertising deadline of May 8th .
The Board authorized the . Chairman to forward correspondence
to the Suffolk County Soil and Water Conservation District
requesting their evaluation of this project as early as possible .
NEW APPLICATION : Spec . Exc . No . ' 3625 = '.PUDGE 'C.ORP.
The Board reviewed the recent application of _PURGE_' CO_RP_, and
agreed to schedule this matter for public hearing at our
next Regular Meeting , subject to . receiving exact distances
between buildings at turning points , wi.dths of .roadways..
and staking of all corners _of.._.the buildings . -,..
NEW APPLICATION : Variance No . ' 3624 - 'ERNEST. '.TARMIN .
The Board _reviewed the recent application of ERNEST .TARM.IN
and agreed to schedule this matter for public hearing at
our next Regular Meeting , subject to receiving a sketch
of the proposed stairs area along the bluff and completed
ZBA long-form questionnaire .
UPDATE REVIEW: 'Appeal No . 3543 - PETER AND BARBARA 'HERZ ..
The Board acknowledged receipt of response received April 5,
1987 from the Suffolk County Soil and Water. Conservation_.
District , a copy of which was forwarded to the applicants '
attorney . The Board agreed that the file appears complete
at this time , and that this matter should be scheduled for
a public hearing to be held on May 21 , 1987 , etc .
UPDATE REVIEW: Appeal No . 3412 - MOORE AND 'HERZWEIG
(Previously Cramer and Herzweig) . As of this date , actions
have not been. taken on the Wetlands Permit and SEQRA reviews
by the Southold Town Trustees . The Board ' s position is
Southold Town Board of Appeals -31 - April 23 , 1987 Regular Meeting
(Appeal No . 3412 - MOORE AND HERZWEIG , Update continued : )
the file must continue to be deemed incomplete pending receipt
of: . (a ) finalization of the SEQRA process , including submis-
sion of the Final EIS and Final SEQRA reviews and determination ;
(b) copy of the wetlands-permit action of the Town Trustees as
required by Ch . 97 of the Town of Southold . Board Clerk Linda
Kowalski advised the Board that the applicants assureJown
Trustee action April 30th .
The Board additionally requested that all corners of the
proposed new construction _ be flagged ( including steps , decks ,
etc . ) at the outside perimeter for on-site inspections .
Photographs of the areas to . be under construction and wetlands
boundary are also helpful in the Board ' s review.
Motion was made by Member Sawicki , seconded by Members
Douglass and Goehringer , to continue holding this matter in
abeyance until such time as the file has been declared
complete . Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Sawicki and Douglass . (Member Doyen was absent . )
This resolution was duly adopted .
UPDATE : Appeal No . 3605 - TED DOWD. The Board reviewed
the road�report received from the Town road engineer , John W.:
Davis . Field inspections are expected in the near future . to
evaluate suitable access prior to scheduling this matter for
public hearing .
PRIOR CONDITIONS : Possible violations . The. Board
briefly discussed possible violations concerning a Special
Exception rendered under JAMES _AND MARY TYLER. It was noted
that the vehicle doors should- not have .been permitted at
the road side as constructed_ . A .r.esearch . of . this matter
was requested .
PENDING APPEAL NO . 3581 - GEORGE D . DAMIEN . The Board
was in receipt of correspondence received April 10 '. 1987
from Mr. Damien . No one offered a motion to change the
Board ' s position taken at our March 5 , 1987 and prior meetings .
Southold Town Board of Appeals -32- April 23 , 1987 Regular Meeting
NEW APPLICATION: Appeal No . 3628 - GEORGE AND JANE KAYTIS .
The Board reviewed this new application for requested .:area
variances in this proposed division of land and requested
copies of current deeds and C . O . s of record for our file , if
available . On motion by Mr . Douglass , seconded by Chairman
Goehringer , it was
RESOLVED , this matter be held in abeyance pending receipt
of the following :
(a ) Planning. Board app.l.ication , review and comments ;
(b) County Health , Article VI approval or waiver .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted .
NEW APPLICATION : Appeal No . 3627 - LILLIAN L . VISHNO.
In reviewing this new application , the board requested the
following prior to scheduling this matter for public hearing :
(a ) Planning Board application , review and comments ;
(b) County Health Article VI approval (or waiver) .
COMMUNICATIONS : The Board was in receipt of the following
communications and referrals :
(1 ) Proposed Ch . 46 - Flood Plain Management and Notice
of Code Committee Meeting .
(2 ) Letter from David J . Gunselman , 1305' Hiawatha Path ,
Southold.
(3 ) Letter from the Department of- Legislative and Economic
Affairs , Long Island Association (LIA) ..Re : Affordable Housing.
Southold Town Board of Appeals -33 April 23 , 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 -acne parcel , zoned "B-Li-ght ,Business . " S/s Main
Road , Greenport (along the east side of 7=11 ) . **Recessed hearing
from 8/23/84 awaiting Village of Greenpor.t .contracts to which
this plan is contingent upon before action can be taken .
Appeal No . 3558 - NICK AND ANNA PALEOS . Variance for
insufficient ar.ea , 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
h
insufficient area , width and dept 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 (prey . ,
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 reseparaton 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 -347 April 23 , 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
in 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 ,
Sou.t.hold . Await DEC, Co . Health an:d 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 ag_Tion• ' Area , ,width and depth
var:i:ances . Alfred Skidmore , Esq . (Village water riot available . )
1 s
Appeal No . 3546 - GREGORY FOLLARI . Relief of ZBA Condition
requested concerning disturbance of soil at Sound bluff. Await
DEC action (after application ) to alter bluff areas before
proceeding .
I I
, I i
Southold Town Board of Appeals -35- April 23 , 1987 Regular Meeting
i I
( 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 . N7's '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 beheld 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 .
Appl . No . 3586SE - ROBERT AND HELEN DIER . Special Exception
for .Bed and Breakfast . : Await determination on Special, Exception
for Accessory Apartment .expected about 3/5/87 before proceeding .
355 Terry Lane , Southold .
Appeal No . 3600SE - T. LUCAS AND G . & A. BELIS-. Special
Exception to allow 70 mot-e-1 units on . 65TT6—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 hearinq .
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 fe:et of. existing bulk—h—ead 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�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 /295-acre described parcel ., Await
Co . Health Art . 6 approval . Rec . PB input and DEC permit (exp . 12/87 ) .
Henry Rayne , Agent .
II
Southold Town Board of Appeals -36- April 23 , 1987 Regular Meeting
j
(UPDATE, continued : )
Appeal No . 3439 - ARNOLD AND KAREN BLAIR. Variances .for
insufficient area and width in pending division for two lots
at Cedar Lane and Beach Court , East Marion . Gardiners Bay
Estates Lots 151 through 172 incl , adjoining roads .
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 , Peconic . **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 Road , 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 , Cutchogu6 . (Await Art. 6 waiver/action before advertising .
Appeal . No . 3496 - FREDERICK KOEHLER, JR_ Cabana/beach house
within 75 feet of water along Cutchogue Harbor , N/s Old Harbor Road .
(Await Co . Health approval before advertising ) . H . Raynor , Agent .
Southold Town Board of Appeals -37- April 23 , 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 certified-mail
receipts , etc..
Appeal No. 3293 - 'HAROLD AND JOSEPHINE ' DENEEN. Variances
for proposed ins.uffic ent 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/acti.on.
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.
b,uil:ding envelopes and setbacks not shown since enactment
_ofLocal Law - Wetlands Setbacks .
Appeal °No. 3355 - PAUL AND MARIETTA CANALIZO . Variance
'-to �to.nstruct with .ins.uffi cient setback in frontyard and
:from wetlands . **Await, DEC and wetland setbacks map.
Trustees reviews pending.
* * *
ARTICLE 78 PROCEEDINGS UPDATE: The Chairman was happy to
report t e fo owing ourt Actions of recent date for the
following matters :
1 . Appellate Division , Second Department .- AFFIRMED (in our favor) .
Truckenbrodt vs . ZBA.
2 . Supreme Court - AFFIRMED (in our favor) .
Heins vs'. ZBA.
3 . Supreme Court - AFFIRMED (in our favor).
Varano vs . ZBA.
4 . Supreme Court - AFFIRMED (in our favor)
Wade vs . .ZBA and Building Department
5 . Supreme Court DISMISSED (in our favor)
Walker vs . ZBA
6 . Supreme Court - DISMISSED (in our favor)
Heinisch vs . ZBA.
Southold Town Board of Appeals -38- April 23 , 1987 Regular Meeting
(Court Actions , continued : )
It was noted that at the present time , the following two matters
have recently been initiated and are still pending at this time :
Brianciforte vs . ZBA (Mattes Bed and Breakfast Spec . Exception)
Mandel vs . ZBA (area variance denied - 3 lots on 3± acres ) .
There being. no other business matters properly coming before
the Board at this time , the Chairman declared the meeting adjourned.
The meeting was adjourned at 10 : 00 p . m. , and the Board agreed to
meet in the next week or so at a Special Exception to deliberate
and take action on tonight ' s public hearings (which have been
finalized) .
Respectfully submitted ,
inda F . Kowa ski , Secretary
Southold Town Board of Appeals
Gerard P. Go ringer Chairman
Approved J u n e, rW 1 9 8 7 RECEIVED AND FILED BY
TM SOUTHOID TOWN C i RK
Town Clerk, Town of Southold