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HomeMy WebLinkAboutZBA-04/02/1987 T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (616) 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 2 , 1987 A Regular Meeting and Public Hearings of the Southold Town Board of Appeals were held on THURSDAY , APRIL 2 , 1987 commencing at 7 : 30 o ' clock p .m. at the Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Gerard P. Goehringer , Chairman ; Serge Doyen , Jr . ; Robert J . Douglass (arr . 7 : 58 p .m. ) ; Charles Grigonis , Jr . ; and Joseph H. Sawicki ., constituting the five members of the Board of Appeals . Also present were : Victor Lessard , Building- Department Administrator ; Linda Kowalski , Board Secretary , and approximately 15 persons at the beginning of the meeting . Chairman Goehringer opened the meeting and proceeded with the first public hearing on the agenda , as follows . The verbatim transcripts of all the hearings have been prepared under separate cover and filed with the Town Clerk ' s Office for reference . 7 : 35 p .m. Public Hearing was held (reconvened from 3/5/87 ) and concluded in the Matter of Appeal No . 3611 for RAYMOND AND ELEANOR KERESTER. Patricia C. Moore , Esq . appeared in behalf of the applicants and submitted the survey maps depicting the wetland areas as requested previously . :(See verbatim transcript. ) Following the hearing , motion was made by Chairman Goehringer , seconded by Member Sawicki , to conclude (close ) the hearing pending deliberations . Vote of the Board : Ayes : Messrs . Doyen , Grigonis , Sawicki and Goehringer . (Member Douglass was absent during this hearing . ) 1 !- Southold Town Board of Appeals -2- April 2 , 1987 Regular Meeting (Public Hearings , continued : ) 7 : 50 p .m. Public Hearing was held and concluded in the Matter of ANA G . STILLO , File No . 3619. Patricia C. Moore , Esq . of the Law Offices of Edson and Bruer spoke in behalf of the applicant . [See verbatim transcript for statements . No verbal opposition was submitted during the hearing . ] Following testimony , motion was made by Mr. Goehringer , seconded by Mr. Grigonis , to conclude (close ) the hearing pending deliberations . Ayes : Messrs . Doyen , Grigonis , Sawicki and Goehringer. (Member Douglass was absent during this hearing. ) This resolution was duly adopted . 7 : 58 p .m. Public Hearing was held and concluded in the Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING CORP . Andrew Goodale , Esq . spoke in behalf of the applicants . [See verbatim transcript for statements . No verbal opposition was submitted during the hearing. ] Following testimony , motion was made by Mr . Goehringer , seconded by Mr . Sawicki , to conclude (close ) the hear- ing pending deliberations . Ayes : Messrs . Doyen , Grigonis , Sawicki , Goehringer and Douglass . This resolution was duly adopted . 8 :03 p .m. Public Hearing was held and concluded in the Matter of GULL POND DAWN CORP . , File No . 3609. Mr. T. Ford Prime , President of Gull Pond Dawn Corp . spoke in behalf of the application . [See verbatim trans- cript for statements . No verbal opposition was submitted during the hearing . ] Following testimony , motion was made by Mr . Goehringer , seconded by Mr . Douglla�s , to conclude (close ) the hearing pending deliberations . Ayes : Messrs . Doyen , Grigonis ,- Sawicki , Goehringer and Douglass . This resolution was duly adopted . 8 : 15 p .m . Public Hearing was held and concluded in the Matter of FLINT ST. CORP . and RIVER CIRCLE CORP . , File No . 3616 . Mr . David Kapell spoke in behalf of the application . [See verbatim transcript for state- ments . No verbal opposition was submitted during the hearing . ] Following testimony , motion was made by Mr. Goehringer , seconded by Mr. Grigonis , to conclude (close ) the hearing pendinq deliberations . Ayes : Messrs . Doyen , Grigonis , Sawicki , Goehringer and Douglass . This resolution was duly adopted . 8 : 22 p .m. Public Hearing was held and concluded in the Matter of 'GREGORY PAULOS , File No . 3613 . Philip J . Car- dinale , Esq , spoke in behalf of the application . Opposition was received . [See verbatim transcript. ] Following testimony , motion was made by Mr . Goeh- ringer , seconded by Mr . Sawicki , to conclude (close ) v� � L Southold Town Board of Appeals -3- April 2 , 1987 Regular Meeting (Public Hearings , continued : ) the hearing pending deliberations . Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . The Board awaits the distance from the center of the deck at the outer. .-edge which appears to be the closest point from the bluff. APPROVAL OF MINUTES: On motion by Mr. Grigonis , seconded by Mr . Goehringer , it was RESOLVED , to approve the March 5 , 1987 Regular Meeting Minutes . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . ENVIRONMENTAL DECLARATIONS . (SEQRA) : After review and consideration of the complete files in the following matters , the board took the following action : On motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to declare the following Environmental Declarations on each in accordance with the N . Y . S . Environmental Quality Review Act (SEQRA) , Section 617 , 6 NYCRR and Chapter 44 of the Code of the Town of Southold : [1 ] Appeal No . 3611 - RAYMOND AND ELEANOR KERESTER- "Type II" ; [2] Appeal No . 3619 - ANA G . STILLO ;- "Type II " Action ; [3] Appeal No . 3609 - GULL POND DAWN CORP . J?Type II "Action ; [4] Appeal No . 3616 - FLINT ST. CORP . /RIVER CIRCLE CORP . ; "Type. II" Action ; [5] Appeal No . 3613 - GREGORY PAULOS - "Type II " Action ; [6] Appeal No . 3618 - SUKRU ILGIN , MINE PEKSEN , OCEAN HOLDING CORP . "Unl.isted" Type Action ; [7] Special Exception File No . 3615 - CARMINE AND DONNA DISPIRITO. "Unlisted" Type Action. t ( Southold. Town Board of Appeals -4- April 2 , 1987 Regular Meeting (Environmental Declarations, continued.: ) Ell S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3611 PROJECT NAME:' 'RAYMOND AND ELEANOR 'KERESTER -- 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.J Type II [ ]. Unlisted [ ] DESCRIPTION OF ACTION: va.ri.ances for. Insufficient- lo-t width of three proposed parcels , each containing 4. 6 acres . _ LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Bayview and Paradise Point. Roads , Southold ;.. 1000-81 -01.-25 . REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617 . 13 fora lot-line variance . FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -5- Apr:il.. 2 , 1987 Regular Meeting (Environmental Declarations, continued: ) [2] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3619 PROJECT NAME: ANA G.' S'TIL'LO This notice is -is•sued 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 determinationemade for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval -of insufficient lot area,- width, and depth of two parcels in. this pending division . LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Private,: ROW extending off -the n/s of Main Rd. , Orient, NY 1000-14-2-26 REASON(S) SUPPORTING THIS DETERMINATION.: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. (3) Construction proposed is landward of 10 feet elevation contour; no disturbance of land seaward of the 10 ft. contour will occur. ` Southold Town Board of Appeals . -6- April 2 , 1987 Regular Meeting (Environmental Declarations, continued: ) , [3] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of N'on-Significance APPEAL NO. : 3609 PROJECT NAME: GULL 'POND' DAWN''CORP. J 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- single-family dwelling with an insufficient setback from existing wood bulkhead along mean highwater mark of Dawn Lagoon LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: e/s - Dawn Drive, Greenport, NY 1000-35-5-17 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) Separating the ,project in question from the waterfront or tidal area 'is' other construction and/or bulkhead in good condition. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. Southold Town Board of Appeals . -7- April, 2 , 1987 Regular Meeting (Environmental Declarations, continued: ) , [41 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. s 3616, PROJECT NAME: FLINT 'ST.' CORP.' 'AND RIVE'R 'CIRCLE CORP., 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: Approval"of insufficient lot area, - depth and width of two parcels in this pending division of land LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Linnett and Flint .Streets, Greenport, NY 1000-48-2-32 REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The - relief requested is not directly related to new construction as_regulated by Section 617. 13 for a. lot-line or area variance. (3) The property in question is not located within 300 feet of tidal wetlands or other critical eenvironmental area. ' Southold Town Board of Appeals -8- April. 2 , 1987 Regular Meeting (Environmental Declarations, continued: ) , [5] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3613 PROJECT NAME: GREGORY PAULOS This notice is .is:sued 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: . [XI Type II [ ] Unlisted [ DESCRIPTION OF AC.TION: Permissibn to construct deck addition to dwelling with an insufficient setback from bluff along L. I. Sbund LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: n/s Sound. View Road; Orient, NY 1000-15-3-4 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) Construction proposed is located more than 75 feet from the mean highwater mark or tidal area. - (3) The relief requested is a- setback variance as regulated -by Section 617 . 13, . E NYCRR, SEQRA `;,• Southold Town Board of Appeals -9- April. 2 , 1987 Regular Meeting t (Environmental Declarations, continued: ) , [6] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of N'on-Si nificance APPEAL NO. : 3618 _ PROJECT NAME: SUKRU 'IL'G'IN AND' MINE' 'PEKSEN' 'd/'b'/'a 'Ocean Nolding' Corp.- 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 [X] Unlisted [ ] DESCRIPTION OF ACTION: permission to operate convenience store in addition to existing gasoline-service station uses LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 7400 Main. Road, _ Laurel, . NY - 1000-12.2-7-1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is nct .not directly related to new construction. , (3) The property in.,question is not located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board of A%ppeals -10- April. 2 , 1987 Regular Meeting (Environmental Declarations, continued: ) , [7] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of N'on-Si nificance APPEAL NO. s 3615 SE PROJECT NAME: CARMINE AND DONNA DISPIRITO 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 (x ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct and establish a two-family dwelling LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: 6030 Youngs Avenue,. Southold, NY 1000-55-2-1. 4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction (3) The property in,,question is not located within 300 ft. of tidal wetlands or other critical environmental area. Vote of the Board : Ayes : Messrs . Goehringer , _. Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . 1 6 Southold Town Board of Appeals -11 - April 2 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3412 - WILLIAM D . MOORE and . BENJAMIN HERZWEIG (previously CRAMER AND HERZWEIG ) . The Board reviewed the wr..i'tten request dated March 26 , 1987 from Mr . Moore to schedule the public hearing on this matter and withhold a decision until the Trustees have rendered their decisions . The board took the following action concerning this request : On motion by Mr. Goehringer , seconded by Mr . Douglass , it was RESOLVED , to affirm that the File under Appeal No . 3412 is incomplete pending receipt of: (a ) finalization of the SEQRA process , including submission of the Final EIS and Final SEQRA reviews and determination ; (b) copy of the wetlands-permit action by the Town Trustees as required by Ch . 97 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . The Board was advised that the Town Trustees expect to act upon the above if the Final Environmental Impact Statement is submitted no later than April loth for action at their April 29th meeting. The Board further requested that six copies of the Final EIS be furnished to our office to help to expedite the SEQRA process under joint review with our and other offices at this time , as well as copies of all communications and actions . by other agencies , and photographs of the "flagged areas" and areas between the fl.ags and water area for the record . The Board chose not to schedule this matter for our next meeting until such time as all of the above have been completed . 'TEMPORARY RECESS : The Board took a recess between 9 :03 and 9 : 18 .p .m . 9 : 18 p .m . On motion by Mr. Goehringer , seconded by Messrs . Douglass and Sawicki , the meeting reconvened . Vote of the Board : Ayes : All . This resolution was duly adopted . Southold Town Board of Appeals - 12- April 2 , 1987 Regular Meeting PENDING DECISION : Appl . No . 3610-SE : Application of CAROL A. BARTHOLOMEW for a Special Exception to the Zoning Ordinance , for per to establish "Bed and Breakfast" use , incidental and subordin.ate to the proposed single- family dwelling use , in accordance with the requirements of Article III , Section 100-30 (B) E16] . Location of Property : 7015 Wickham Avenue , Mattituck , NY; County Tax Map District 1000 , Section 107 , Block 5 , Lot 4 . Following deliberations , the board made the following findings of fact : WHEREAS , a public hearing was held and concluded on March 5 , 1987 , in the Matter of the Application of CAROL A. BARTHOLOMEW under Applica- tion No . 3610 ; 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 , applicant requests a Special Exception for a "Bed and Breakfast" establishment , with owner-occupancy , for the rental of three bedrooms for, lodging and serving of breakfast to not more than six casual and transient roomers , which will be incidental and subordinate to the principal single-family use of the existing dwelling , in accordance with the requirements of Article III , Section 100-30 (B) [16] of the Zoning Code . 2 . The premises in question is a described parcel of land located along the north side of Wickham Avenue , Mattituck , containing a lot area of 43 ,560± sq . ft .. and frontage (lot width ) along Wickham Avenue of 185± feet . 3 . The subject premises is located in the "A-40 " Agricultural and Residential Zoning District and is improved with the fo11„owing . structures : (a ) single-family , 22-story dwelling set back 75± feet from the front proper.ty line along Wickham Avenue (a/k/a Middle Road ) ; (b) accessory 20 ' by l_9..' private garage structure incidental to the Southold Town Board of Appeals - 13-April 2 , 1987 Regular Meeting (Appl . No . 3610-SE - BARTHOLOMEW , decision , continued : ) residential use of the premises , and not operated for gain . 4 . For the record , it is noted that Pre-Certificate of Occupancy No . Z9098 dated July 6 ; 1978 has been issued for a private one-family dwelling with accessory garage concerning these premises . 5 . The parking area is proposed as shown by sketch sub- mitted with this application for a minimum of three vehicles . A total of five parking spaces , three for the bed-and-brakfast roomers , and two for the existing single-family use , will be required . 6 . Article III , Section 100-30 (B) , subsection [16] makes exception for site-plan approval /reviews by the Planning Board for this accessory use . In considering this application , the board also finds and determines : (1 ) that the proposed accessory use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts , (2 ) the use will not adversely affect the safety , welfare , comfort , convenience , health , or order of the town ; (3 ) the use is in harmony with and will promote the general purposes and intent of zoning . The board has also considered subsections (a ) through ( 1 ) of Article XII , Section 100-121 (C) [2] of the Zoning Code . Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , to 'GRANT a Special Exception in accordance with the requirements of Article III , Section 100-30 (B) [16] of the Zoning Code , for a Bed and Breakfast , in the Matter of the Application of CAROL A. BARTHOLOMEW , No . 3610 , SUBJECT TO THE FOLLOWING 'CONDITIONS : 1 . The grant of this Special Exception is limited to this property (and shall not be deemed_ .to include any other property over which the applicants. may have rights ) . 2 . This Bed-and-Breakfast use shall be accessory to the single-family use of the premises , with owner occupancy , and shal_1 be per only while the dwelling is the permanent residence of the property owner (not to be operated while the dwelling is rented or vacated) . 3 . This Special Exception shall be for the renting of 1 Southold Town Board of Appeals -14-April 2 , 1987 Regular Meeting (Appl . No .' 3610-SE - BARTHOLOMEW, decision , continued : ) not more than three rooms and not more than six casual and transient roomers , in accordance with the requirements of Article III , Section 100-30 (B) [16] of the Zoning Code ; 4. Minimum of five on-site parking spaces , as proposed with three for parking of vehicles by the bed-and-breakfast roomers , and two for the existing single-family use ; 5 . Compliance with the N . Y . S . Construction and other applicable codes , including those requirements for more than five roomers ; 6 . This Bed and Breakfast use shall not be deemed a principal use at any time . 7 , "Third floor" area shown on the sketched plan submitted with this application shall not be converted for bed-and-breakfast use . 8 . Covenants and restrictions containing the above restric- tions shall be recorded in proper legal form in the Office of the Suffolk County Clerk , and a copy thereof shall be furnished to the Office of the. Board of Appeals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This -resolution was duly adopted. PENDING DECISION : Appeal No . 3619 : . Application of ANA G . STILLO for Variances to the Zoning Ordinance , Article III , Section 100-3..1 , Bulk._ Schedule , for approval of insufficient lot area , width and depth of two parcels. in this pending division located on a private right-of-way extending off the north side of Main Road , Orient , NY ; County Tax Map District 1000 , Section 14 , Block 2 , Lot 26 , containing 3 . 2 acres total . 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 ANA G . STILLO under Appeal No . 3619 ; 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 Southold Town Board of Appeals -15- April 2 , 1987 Regular Meeting (Appeal No . 3619 = STILLO , decision , continued : ) 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 3 . 2 acres which extends at the. northerly end of a private 20 ' right-of-way 300 . 43 feet from the northerly side of the Main Road , Orient , Town of Southold , and is more particularly designated on the Suffolk County Tax Maps as District 1000 , Section 014 , Block 2 , Lot 26 . 2 . The entire premises is vacant . 3 . This is an application requesting : (a) approval of the proposed insufficient lot area and width of Lot #1 of 1 .6 acres , (or 69696 sq . ft . )- and 155_ ft . , respectively; (b ) approval of the proposed insufficient lot area and width of Lot #2 of 1 . 6 acres , (or 69696 sq . ft. ) and average width of 153 . 50 ft . . 4. Town records show that the subject 3 . 2-acre parcel was conveyed to the applicant on July 20 , 1983 , Liber 9393 cp 136 . 5 . The amount of relief requested as to the total area of each proposed parcel is . 1288% of the requirements , or 10 , 304 sq . ft. , and as to-... lot width __. 1143% .of the requirements , or 20± feet. .of each proposed parcel . 6 . It is noted for the record that : (a) by letter dated March 12 , 1987 , the N'. Y.. S . Department of Environmental Conservation waived jurisdiction ; ._ (b) the Suffolk County Department of Health Services approved this division as revised March 9 , 1987 and October 21 , 1986 ; (c ) an application is pending before the Southold Town Planning Board for a minor subdivision which has not as of this date been finalized . 7 . It is also noted for the record that : (a ) .the subject premises received a conditional approval of access as rendered -under Appeal No . 3562 December 11 , 1986 for Ana G . Stillo; and as of this date , the necessary improvements for acceptance have not been done ; and (b) premises to the east consist of two minor subdivisions finalized prior to the enactment of the 80 ,00.0 sq . ft . minimum lot area _requirement , to wit : the most northeasterly five-lot- subdivision (approved November 29 , 1972 , Frank Stillo) , Southold. Town Board of .Appeals - 16-Apr.il 2 , 1987 Regular Meeting (Appeal No . 3619 - STILLO , decision , continued : ) and the southeasterly three- lot minor subdivision (approved June 12 , 1979 , P. Sledjeski ) . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested as amended is not substantial , being a variance of approximately 12% of the requirements ; (b) the circumstances of the property are unique ; (c ) there will not " be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable under the . circumstances ; (e ) there is no other method feasible for appellant to pursue other than the variances requested ; (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 . Sawicki , seconded by Mr . Goehringer , it was RESOLVED , to 'APPROVE the insufficient lot area and width of proposed Parcels #1 and #2 of 69695 sq . ft . and 153. 50± feet , respectively, as applied in the Matter of the Application of ANA 'G . STILLO under Appeal No . 3619 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No lot-line changes or adjustments as to lot area ; 2 . Conditions rendered under Appeal No . 3562 concerning the pending 280-a status ; 3 . ..., This_ variance is temporary for a maximum period of two years , except where the pending divi.sion of land has been finalized by .all involved agencies and the parcels have been transferred by deed. or other legal document to reflect the subdivision lot lines accordingly. Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki .__ This resolution was duly adopted. PENDING : Appeal. No . ' 3609 =GULL POND DAWN CORP . The Board agreed to hold off action on this matter for additional inspections . Southold Town Board of Appeals -•17- April 2 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3603 : Application of JAMES CROSS for a Variance to the Zoning Ordinance , Article III , Section 100=31 , Bulk Schedule , for approval of insufficient lot area (78 ,408 sq . ft. ) of parcel proposed to be set-off in this pending division of land . Location of Property : North Side of Main Road , Cutchogue , NY ; County Tax Map District 1000 , Section 109 , Block 1 , Lot 8 . 5 . Mr . and Mrs . Cross were present during deliberations and decision making . 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 JAMES CROSS under Appeal No . 3603 ; 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 Ar.ti.cle III , Section 100-31 , Bulk Schedule of the Zoning Code , for approval of the insufficient lot area of 78 , 508 sq . ft . of proposed "Parcel 1 " in this pending set-off division of land . 2 . The premises in question is situated with a frontage of 436 . 35 feet along the north side of the Main Road at Cutchogue , and contains a total area of 28 . 458 acres . Parcel "l " to be set-off has a lot width (frontage ) of 187 . 60 feet , and the remaining Parcel "2" has a frontage along the Main Road of 248 . 75 feet . T_he-'entire 28. 458 acre-parcel is identified on the Suffolk County Tax Maps as District 1000 , Section 109 , Block .1._, _Lot 8. 5 .,and i s ' z_oned "A-80 " Residential and Agricultural . t Southold Town Board of Appeals - 18- April 2 , 1987 Regular Meeting (Appeal No . 3603 - CROSS decision , continued : ) 3 . Abutting Parcel 1 along the proposed 283 . 96- ft. easterly line as shown by the survey mapped April 3 , 1986 by Roderick Van- Tuyl , P . C . is an existing 16± ft . right-of-way extending in a northerly direction from the Main Road . Also existing is a substantial freshwater pond which starts at a point approximately 100 feet north of the property line along the Main Road (upon Parcel 2 ) . 4 . One of the reasons lending to the difficulties in this case is the narrowness of the lot down to 80 feet at a point 345 . 95± feet from the Main Road and extending north . The right-of-way is shown to be along the existing bank of proposed Parcel 1 , and the applicant prefers the right-of-way to remain on Parcel 2 . 5 . It is .noted for the record that by letter dated March 4 , 1987 , the Southold Town Planning Board recommended a 50-ft . wide easement over the Lowe property , directly abutting Parcel 1 along the north side , and 50 feet of the applicant ' s property , to the Main Road . The applicant has confirmed that Mr . Lowe was not in agreement at this time to consider such a proposal , and no additional input was received from the Planning Board concerning their letter . 6 . This Board is in agreement with the reasoning of the applicant in the general layout of this proposal ; however , one of the requirements in granting this variance is that the applicant/owner reserve in writing an easement a total width of 40 feet within the existing right-of-way area , for a total length of 283 . 96 feet , if necessary in future applications . 7 . It is also noted for the record that proposed Parcel 1 consists of varied contours ranging from 35± feet to 15± feet , and is presently vacant land . In considering this appeal , the board also finds and determines : (a) the percentage of relief requested is not sub- stantial in relation to the requirements , being a variance of approxi.mately .19% , or 1492 sq . ft . ; (b) the circumstances of the property_ are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable under the circumstances ; (e ) there is no other method feasible for appellant to pursue feasibly ; (f) in view of the manner in which the difficulties Southold Town Board of Appeals -19- April 2 , 1987 Regular Meeting (Appeal No . 3603 - CROSS decision , conti.nued : ) arose and in considering all the above factors , the interests of justice will be served by allowing the variance , . as condi - tionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to GRANT a variance of the insufficient lot area of 78 , 508 sq . ft. of proposed Parcel 1 in this pending set-off division of land as applied under Appeal No . 3603 in the Matter of the Application of JAMES CROSS , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . An executed covenant reserving a total 40-foot wide easement in the area of the existing driveway for a total length of 283 . 96 feet ; 2 . New construction shall be as regulated under Column "A-80" for this Residential and Agricultural Zoning District . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . Following action , Mr . and Mrs . Cross inquired as to the reasoning for the 40-ft . wide easement since the Planning Board no longer is requiring it and the neighbor directly north (Lowe ) is not interested in giving an easement over his land . The Board explained that the 40-ft . right-of-way easement is for possible future development or division of his property to the north which may necessitate better access and maneuver- ability in the area along the Main Road . The Board also indicated that this condition does not require widening of any physical part of the road at this time , but does require preparation . of an easement agreement in writing by his attorney . Southold Town Board of Appeals -20- April 2 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3612 : Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond at 7455 Soundview Avenue , Southold , NY ; County Tax Map District 1000 , Section 59 , Block 6 , Lot 8 . 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 PHILIP AND EL.LEN BELLOMO under Appeal No . 3612 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellants request a Variance from the Provisions of Article XI , Section 1.00- 119. 2 , subsection C , for per-0 mission to locate a__ 5 ' 6 " by 13 ' 8" wide _addition at the rear of an existing single-family dwelling structure , all more particularly shown by .Plot .Plan revised ..1 /26/87 by Noel Phyllis Birkby , R. A. , Sheets Al and A2 . 2 . The premises in question is identified on the Suffolk County Tax Maps as .D_istrict, 1000 , Section 59 , Bloc.k 6 , Lot 8 , and contains a tota_1 area of 10 , 32.1 . 24 square feet , m_ore. or less , and frontage along _Private _Road (o,ff the north side of Soundview Avenue ) of 50 . 61 , feet.... ..- The premises gradually widens to 93 . 24 feet at the rear (waterfront_) edge of.. the premises . 3 . The setback of the existing dwelling structure at the most northeast corner ,_ when scaled as shown on the Plot Plan amended. 1 /26/87 , appears to be .not less than 55 ' 6" . The dwe.l 1 i ng structure_ i s situated at an angle ; and the '..most _ northwest corner scales at a setback of not less than 60 feet from the rear property, line . Applicants have requested a variance to permi._t a setback of _n_ot less than 50 feet from the edge of the shoreline along Great Pond for the construction of a 5 ' 6.' by, 13 '8," wide porch extension . Southold Town Board of Appeals -21 - April 2 , 1987 Regular Meeting (Appeal No . 3612 - BELLOMO decision , continued : ) 4 . Article XI , Section 100-119. 2 , subparagraph C , requires all buildings proposed on lots adjacent to any freshwater body to be set back not less than seventy-five (75 ) feet from the edge of such water body or not less than seventy-five (75 ) feet from the landward edge of the freshwater wetland , whichever is greater . 5 . The amount of relief requested is 5 ' 6 " less than the established nonconforming setback , which is not substan- tial under the circumstances . 6 . It is the opinion of the board that the relief requested , as amended from the previous application under Appeal No . 3484 , is the minimal necessary . 7 . It is also noted for the record that it has come to the board ' s attention that the accessory building presently under construction is not in compliance with the previous conditions set by this Board under Appeal No . 3483 . In considering this appeal , the board also finds and determines : (a ) that the relief requested is not unreasonable and is not substantial in relation to the existing setbacks , although the total insufficient setback is substantial in relation to the zoning requirements ; (b ) there will be no substantial detriment to properties in the immediate area ; (c ) there will be no substantial change in the character of the district ; (d ) the practical , difficulties are sufficient to warrant the granting of this variance ; (e ) there is no other method feasible for appellants to pursue other than a 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 condi - tionally noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested for permission to construct a 5 ' 6 " by 13 ' 8" wide porch extension/addition at the - norterly - end of_.the' existing dwelling BE AND HEREBY IS 'APPROVED .'AS .'APPLIED '.IN 'T.HE MATTER OF APPEAL NO . 3612 FOR -PH ILIP'-'AND ELLEN BELLOMO 'AND SUBJECT 'T.O THE FOLLOWING CONDTTIONS : Southold Town Board of Appeals -22- April 2 , 1987 Regular Meeting (Appeal No . 3612 - BELLOMO decision , continued : ) 1 . The setback be not less than 50 feet from the closest shoreline edge , as applied ; 2 . The proposed extension not protrude further than the northeasterly section as exists and as applied; 3 . Compliance with any zoning violations concerning the recently rendered decision under Appeal No . 3483 before . issuance of building permit for this addition . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . PENDING DECISION : Appeal No . 3608 : Application of RICHARD F. MULLEN , JR . for a Variance to the Zoning Ordinance , Article XI , Section 00- 112 ( I ) for permission .to utilize subject premises for a paved parking area for the employees of Mullen Motors , an established business abutting this parcel along the north side . Zone Districts : Partly "A" Residential and Agricultural and " B-l " General Business . Location of Property : East Side of Cottage Place , Southold , NY ; County Tax Map District 1000 , Section 62 , Block 3 , Lot 19. 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 RICHARD F. MULLEN , JR . under Appeal No . 3608 ; 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 100-112 ( I ) for permission to use premises located partly in the "B-1 " General Business and Southold Town Board of Appeals -23- April 2 , 1987 Regular Meeting (Appeal No . 3608 - MULLEN , decision , continued : ) partly in the "A" Residential and Agricultural Zoning Districts as a paved parking area for the employees of Mullen Motors , an established business located on the adjacent property immediately to the north . 2 . The premises in question is located along the east side of Cottage Place , Southold , with frontage of 104 . 60 feet , and is identified on the Suffolk County Tax Maps as District 1000 , Section 62 , Block 3 , Lot 19. 3. The subject premises is presently vacant . 4. Article XI , Section 100-113 , Subsection ( I ) of the Zoning Code prohibits such parking spaces on a lot in any residence dis- trict , unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals . 5 . The Site Plan prepared December 11 , 1986 by Peconic Surveyors and Engineers , P .C . depicts a proposed parking area of .12 , 930 sq . ft . , grass area of 3 ,800 sq . ft . , and a total of 26 parking spaces , two of which are located in the "b- l " Zone District . The total square footage of the lot in question is 17 ,409 sq . ft . Also proposed is a six-foot high chainlink fence encompassing the borders of the north , east and south property lines . A variance as to the restricted four-foot height require- ments along the front yard areas has not been appropriately applied for and accordingly is not a part of this application . 6 . Article XI , Section 100-112 , Subsection (K) of the Zoning Code and the relief granted he requires continued maintenance and appropriate screening from adjoining residential lots and from the view of lands across the street from other residential properties , by a substantial wall , fence or thick hedge approved by the ' Planning Board , generally at a height of not,_ les.,s than three feet . 7 . It is the understanding of this Board that this property will not. at any time be used for vehicles sales , vehicle repairs , storage of equipment or vehicles or related items , and will be used solely as an accessory use to permit parking by employees of Mull.-en.-Motors , Inc . , the established business on the lot immediately adjacent to the north . In considering this appeal , the board finds and determines : (a ) that the use proposed is _ not inconsistent with the general Southold Town Board of. Appeals -24- April 2 , 1987 Regular Meeting (Appeal No . 3608 - MULLEN , decision , continued : ) purposes and intent of zoning ; (b) the circumstances are unique ; (c ) the accessory use applied for will not alter the essential character of the neighborhood ; (d ) the use will not prevent the orderly and reasonable use of this district or adjacent use districts ; (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by this use ; (f) the interests of justice will be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Doyen , it was RESOLVED , to GRANT the relief requested under Appeal No . 3608 in the Matter of the Application of RICHARD F. MULLEN , JR. for . employee _ parking of Mullen Motors only , SUBJECT TO THE FOLLOW- JNG 'CONDITIONS : 1 . Fence must meet current code restrictions for a maximum height of four feet along the front yard property lines , unless application is made separately for additional relief. 2 . The approved parking area is restricted only to the residentially zoned portion . 3 . Planning Board site plan approval (including surfacing , screening , drainage , egress , ingress , etc . as per Section 100-112 (K) , et seq . of the Zoning Code ) . Vote of the. Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis abstained . ) This resolution wa-s duly adopted . PENDING APPEAL NO . 3581 - GEORGE DAMIEN . The Board acknowledged receipt of Mr . Damien s etter ated March 13 , 1987 and correspondence dated March 27 , 1987 from the Suffolk County Department of Health Services . The County Health Services Department confirmed Chairman Goehringer ' s meeting with Mr . Reynolds , Sr . Public Health Engineer , and the Damien Development . do.es not ap.pear to be . exempt from Article 6 . On motion by Mr .. Goehringer , seconded by Messrs . Douglass and Grigonis , it was , Southold Town Board of Appeals -25 April 2 , 1987 Regular Meeting (Updated Review , Appeal No . 3581 - DAMIEN , continued : ) RESOLVED , to reaffirm the Board of Appeals ' position concerning the pending application by Mr. Damien with the Suffolk County Depart- ment of Health Services , and incomplete ZBA file . The Board further reiterated that upon receipt of Article 6 approval , - we will be in a position to continue his ZBA'. application and a:. public hearing . Vote of the Board : Ayes : Messrs . . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. UPDATED 'REVIEW : Fi,le:..No..: 3542-SE - TIDEMARK/CLIFFSIDE ASSOCIATES . The Board members_ .are in receipt of the Draft Environmental Impact Statement submitted March 20 , 1.987..by the applicant ' s attorney. Also received March 10 , 1987 isa - copy of the _ Water and Sewer Contract with the Village of Greenport signed by the applicant and expected to be signed by__th.e Vill.age in the near future (per. Henry Raynor , agent ) . The Board concurred with the Planning .Board ' s recent designation as lead agency under SEQRA concerning the site plan of the Amended .Project fo_r. the 76 motel units . It is the Board ' s._ opinion that the site plan elements , including parking ; drainage , curb cuts , screening , egress_.., ingress , etc . will. require a. broader review since it affects the land and construction directly . The Special Exception review is for the use and is not directly related to new construction or site changes . The Board indicated they would like to coordinate with the Planning Board closely on this matter ,,..par.ticularly the issues concerning traffic.. safety along the Main Road (exit.ing . and entering). To date , action by the Suffolk County Health Department concerning the applicant ' s pending application has not been submitted , but Mr. Raynor said he would keep us advised of developments since that application has been pending for quite some time . COURT DECISION : WETLAND AREAS/INCLUSIVE AS LOT AREA FOR LAND DIVISIONS . The Chairman advised the ..Board that he has recently spoken with the Town Attorney , Robert W. Tasker , con- cerning the inclusion of wetland areas or lands under:°water in proposed or pending subdivisions . The Chairman said he was advised that the Town cannot delete the wetland or land under water when calculating the area of lots in pending divisions or proposed divisions of land . On motion by Mr . Goehringer , seconded by Messrs . Sawicki and Douglass , it was Southold Town Board of Appeals -26- April 2 , 1987 Regular Meeting (Wetland Areas/Subdivisions , continued : ) RESOLVED , that the Board of Appeals hereby concurs with the recent Opinion of the Town Attorney , and February 19 , 1987 Memoran- dum of the Southold Town Building Inspector , that wetland areas cannot be deleted when calculating the area of lot s in pending or proposed divisions of land , and it was further RESOLVED , that the applicants or agents in each of the following pending files be notified of the above action accordingly. Appeal -:'No:. ._3252: : John Charles and Maryann Sledjeski ; Appeal No . 3299 - Doiigl:ass Miller; Appeal No . 3214 - Hanauer and Bagley. Vote of the Board: Ayes : Messrs . Goehringer , Gr .gonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . NEW FILES FOR REFERRALS ; ETC . On motion by Mr. Douglass , seconded by Mr. Goehringer , .it was RESOLVED , that additional information or referrals be processed concerning the following matters as soon as possible (as noted below) : Appeal No . 3620 - THOMAS BALL . Referral to Soil and Water Conservation District; Appeal No . 3621 - MICHAEL S . GILLILAND . Referral to Soil and... Water Conservation District ; Appeal No . 3622 - C . B . SALMINEN . Await DEC , Trustees approvals or action . Request placement of flagged, construction area as proposed . Referral to Soil and Water Conservation District. Appeal No . 3602 - MARGARET 'McNAMARA. Await N�.-Y..S.—D�.?E .'C . action . ' Trustees action received . ) Appeal No . 3543 - PETER AND_BARBARA HERZ . Receipt of Trustee's action. Referral to Soil & Water Conservation District , request flaggi.ng of proposed construction areas and completion of - amended ZBA questionnaire . Photographs needed . N - Southold Town Board of Appeals -27- April 2 , 1987 Regular Meeting FILE 'NO . 3597 : TARTAN OIL CO. SPECIAL EXCEPTION RENDERED March 5 , 1987 . The Board reviewed the correspondence received about March 16 , 1987 , and it was unanimously agreed to authorize and direct the Chairman to forward the following response : . . With reference to your second and third paragraphs , please be advised that the Board would not offer a motion to reconsider our previous decision based on the reasons given in your request in order to allow self-service kerosene and diesel . Although "partial self-service gasoline service stations" are listed as a ' permitted use by Special Exception under Article VII , Section 100-70 ( B) [5] , the self-service operation of diesel ­dnd kerosene fuels is not specifically listed as a permitted use (by Special Exception) . .The specifics necessary to permit the self-service operation for the sale of kerosene and diesel did not appear sufficient in the Board ' s opinion and the Board accordingly disallowed it as indicated in our March 5 , 1987 decision . . . . . . . . With reference to paragraphs 4 and 5 of your letter , please be advised that the amendments requested were not part of the previous application under No . 3597 , and accordingly , may not be considered except by separate formal application . . . . " APPEAL NO . 3462 - HERBERT R. MANDEL . Decision Rendered March 5 ,_ 1987 . The Board members acknowledged receipt of the March.. 20 , 1987 response from the Suffolk County Department of Planning, who commented that the project "appears inappro- priate as sufficient information has not been submitted to demonstrate c-ompliance with applicable variance criteria . . . . " . The following matters were updated as.°noted for the record : 'Southold Town Board of Appeals -28- April 2 , 1987 Regular Meeting UPDATE : Other Matters Pending Public Hearings (awaiting additional information as noted be.1ow) Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to establish four two-story motel buildings containing 10 motel units for transient use , . a'nd an office building of 2 ,500 sq . ft . in area on this 3. 721 -acre parcel , zoned "B-Light Business . " S/s Main Road , Greenport (along the east side of 7=11 ) . **Recessed hearing from 8/23/84 awaiti:ng Village of Greenport contracts to which this plan is contingent upon before action tan betaken . Appeal No . 3558 - NICK AND ANNA PALEOS. Variance for insufficient area , width and epth 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 . 3.561 - DOROTHY L . ROBERTSON . Variance for insufficient area ,. width and depth two lots ) . S/s Northview Drive , Orient . Await Art . 6 Ac'tion before advertising . R. Bruer , Esq . Appeal No . 3581 - GEORGE DAMIEN . Jackson St . , New Suffolk . Variances for insufficient area , width , depth . Await Art . 6 Action per Co . Health Dept . communications . Appeal No . 3298 - C & L REALTY/PORT OF EGYPT. Variance to construct 40-unit motel on insufficient buildable upland of 4 . 83 acres and having insufficient sideyards . S/s Main Road (prev . Southold Fishing Station/Morris ) , Southold . ( **Await corrected site plans , topographical . survey including lowest floor elevations above mean sea level , Health Department approvals , N . Y . S . D . E . C . action , comments or input from Planning Board after review of site plan . ) 10/9/84 Appeal No . 3183 - MARY N. CODE . Smith Drive North , Southold . Proposed reseparation of lots . Await DEC and Planning Board applications to be filed for coordination/action . Appeal No . 3274 - BEST SCHMITT , SYVERSON. Variances for insufficient area , width in proposed division of .land . ROW off E/s Camp Mineola Road , along Great Peconic Bay , Mattituck . (**Await Co . Health Art . 6 , N . Y . S . D. E . C . _, Planning Board before advertising public hearing . Recent change in title . ) Appeal No . 2929 - SAL CAIOLA. Project as proposed is questionable . Status/clarification awaited . N/s CR 48 , Southold . Southold Town Board of Appeals -29'- April 2 , 1987 Regular Meeting (UPDATE , continued : ) Appeal No . 3371 - FLORENCE ROLLE . Variances for area and depth , two parcels . E/s Ole Jule Lane and N/s Kraus Road , Mattituck. (**Await Co . Health Art . 6 action . ) A. Wickham , Esq . Appeal No . 3342 - PHILIP R . REINHARDT . Variances for area and width (two parcels] **Recessed from 5/25/83 as requested by attorney for County Health Dept . Art. 6 action ( and DEC ) . N/s Pine Neck Road (opposite Park Way ) , Southold . R. Bruer , Esq . Appeal No . 3191 - HERBERT MANDEL . Variance to change lot line and locate garage- in . front/side yard areas . E/s Linet Lane Extension ,. Greenport . Premises of Clempner and Mandel . (Await DEC action and PB input before advertising . ) Appeal No . 3249 - DONALD P . BRICKLEY . Variance for insufficient area . and width . S/s Bay Avenue and E/s Broadwater Drive , Cutchogue . ( **Await DEC , Art. 6 action and contour maps . ) Appeal No . 3268 - J . KATHERINE TUTHILL . Variance for insufficient area , width and depth of lots proposed in this "C" . Zone . Planning Board denied 9/84 . . ( **Await DEC and Co . Health Art . 6 action after formal applications . ) Appeal No . 3542 - TIDEMARK/CLIFFSIDE ASSOCIATES . Await copies of Co . . Health approval , updated certification on amended maps by Building Inspector , and continuation of SEQRA process when file is complete . P . B . received 12/22/86 ; DEC received 11 /6/86 . Appeal No . 3537 - ROBERT AND SUSAN D' URSO : Breezy Path , Southold . Await DEC, Co . Health and Trustee actions (after formal applications ) to complete file . New dwelling with insufficient setback from, wetlands and bulkhead . R. Bruer , Esq . Appeal No . 3545 - PATRICK STIGLIANI . Main Bayview Road , Southold . Await Co . He lth Art . 6 ap.tion• Area , -width and depth variances . Alfred Skidmore , Esq . (Village water not available . ) Appeal No . 3546 - GREGORY FOL.LARI . Relief of ZBA Condition requested concerning disturbance of soil at Sound bluff. Await DEC action (after application ) to alter bluff areas before proceeding . 1ti `1 t Southold Town Board of Appeals -30- April 2 , 1987 Regular Meeting (UPDATE , continued : ) •Appeal No . 357.5 - ROSA HODGSON. Variances as to insufficient area and width of proposed 45 ,000t sq . ft . lot from 7 . 152-acre parcel . NT 'Pine Neck Road , Southold . Await Co . Health Art . 6 action . Garrett A. Strang , Architect , to send letter clarifying ROW ownership , etc. (Public Hearing not to 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 motel units on . 057G acres zoned "B-Light" Business , 4 ,000 sq. ft . of:. land area per unit with Village water . S/s Main Road (prev . golf range ) , Greenport . Await § ix items per our Resolution 1 /8/87 , before advertising for public hearing . Appeal No . 3549 - J . KALIN AND B . GIBBS . Variances as to insufficient area , width and depth . N/s Main Road , Orient . Await Co . Health Art . 6 waiver and copies of current deeds . (As of 2/19/87 Co . Health Art . 6 appl . not filed . ) Appeal No . 3556 - EUGENE AND ANN BURGER . Variance for deed with insufficient setback from wetlands along Little Creek . 2515 Pine Tree Road , Cutchogue . Await CO and exact setback requested from nearest wetlands . Photographs may be furnished after flagging of construction area.. Appeal No . 3602 - MARGARET McNAMARA. Wraparound deck within . 7.5 feet of existing bulc><heaa ana in excess of 20% lot coverage . 640 Takaposha (priv.ate ) Road , South-old . (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 aha width (two lot—)—W_[_s 'Peconic Lane , Peconic . P . Ofrias , Esq . Multiple business uses . P . B . recommends 2-4- parking spades . ( 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 Raynor, Agent . Southold Town Board of Appeals -31 - April 2 , 1987 Regular Meeting ( 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 . 4 sh 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 a.nd 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 . N. Rosenblum , Esq . I Appeal No . 3514 - GEORGE P . SCHADE . Variances for insufficient area , width and depth. . TAwait Co . Health Art . 6 waiver before advertising) Appeal No . 34.95 - JOHN AND GLORIA SHIRVELL . Variances for insufficient area , width and depth . Two Lots_f. 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 . i 0 7 �<t A Sou.tho.ld. Town.. Board of. ;App.ea] s' 3.2- Ap.r.i.l 2.,', 1987. Regular Meeting ( UPDATES, continued : ) ( ) Application for LOIS AND FRANK_ THORP . E/s blest lane and S/s •North . Lane privatc ) .. off the E/s Orchard Lane East Marion . Variance for approval of lots having 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 . Variance for approval of three parce s havTnj—insuf-'icient area , width and depth. W/s ROW off the S/s Dayview (toad (west of Waterview Drive) , Southold . 280- a not requested . **Await Co . Health Art . V1 and DEC approvals/action . Appeal No. 3252, ✓ JOHN CHARLES & M. SLEDJESKI . Variance appealing decision of P arming board- of 4/2/6' 4 that buildable area in proposed division is less than 80 ,000 sq . ft. (excludes wetland grass areas ) for a une- family dwelling , and less, than 160 ,000 sq . ft . (dxcludes wetland grass areas ) for an existing two-dwelling usage . E/s Narrow River Road and S/s Main. Road , Orient . j. **Await Co. Health Art . VI and SEQRA. ( ) Appeal No . 3367 JLOIS AND PATRICIA LESNIkOWSKI . Variance for approval of two parcels having ns`ufficle_nt area and width,. S/s. North drive , Matt,ituck . **Await DEC. Build- ing envelopes and s9tbacks not shown since enactment of Local Law - Wetlands Setbacks . ( Appeal No . 3412 -" THOMAS CRAMER . Variance to construct within 75' of wetlands. E/s Meadow Lane , Mattituck . **Await Trustees action/approval . (Health Dept . approval. apd.-DEC'waiver ' received. )Transfer in title . ( � Appeal No . 3355 J- PAUL & MARIETTA CANALIZO. Variance to construct with insUfficient setback in frontyard and from wetlands: **Await ' DEC and wetland setbacks map . - , . Trustees reviews pending . tiYI r Southold Town Board of Appeals -33- April 2 , 1987 Regular Meeting HEARINGS FOR APRIL 23 , 1987 : On motion by Mr . Douglass , seconded by -.Mr. Goehringer , it was RESOLVED, tb:.schedule the following matters for public hearings to be held THURSDAY , APRIL 23 , 1987 at the Southold Town Hall , Main Road , Southold , New York , at the following times , and BE IT FURTHER RESOLVED , that Board Clerk , Linda Kowalski , is hereby authorized and directed to advertise notice of same in the official and local newspapers of the Town , to wit : The Suffolk Times and Long Island Traveler-Watchman : 7 : 35 p .m . File No . 3546 - GREGORY FOLLARI ; 7 : 40 p .m. File No . 3620 - THOMAS BALL ; 7 : 45 p .m. File No . 3621 - MICHAEL S . GILLILAND ; 7 : 55 p .m. File No . 3623 - PETER MARKOPOULOS ; 8 : 05 p .m. File No . 3582 - LARRY AND SANDRA STAHL; 8 : 10 .p .m. File No . 3593 - THE QUIET MAN:: INN'.. Vote of the -Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. There being no further business properly coming before the Board at this time , the Chairman declared the meeting adjourned . The meeting was adjourned at 10 : 05 o ' clock p .m. Respectfully submitted , inda F. Kowalski , Secretary Southold Town Board of Appeals Approved - pr, 23 ,. 987 ._ r