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Home My WebLink AboutZBA-03/05/1987 z � Lr) 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 JO EPH H. SAWICKI M I N U T E S REGULAR MEETING THURSDAY,- MARCH 5 , 1987 A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY , MARCH 5 , 1987 at 7 : 30 o ' clock p .m. at the Southold Town Hall ; Main Road , Southold , Ne.w. York 11971 . Present' were : Gerard P. Goehringer , Chairman ; Serge Doyen , Jr. ; Robert J . Dougla.ss ;_ Charles Grigonis , Jr . ,. .- Absent was : Joseph H . Sawicki . Also present were : Victor Lessard , Building-Department Administrator; Linda Kowalski , Boa-rd Secretary , and approximately 25 persons in the audience at the beginning of the m.eeting. _ -_ 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 : 38 p .m. Recessed Hearing was continued and concluded in the Matter of Appeal No . 3590 . Addition to nonconforming dwelli.ng _.in excess of 50% of its fair value . 265 Rochelle Place , Mattituck . Motion was made following the hearing , by Chairman Goehringer , seconded by Member Grigonis , to conclude (close ) the hearing , pending delibera- tions . Vote of.- the Board : Ayes : Messrs. Doyen , Goehringer , Gri_gonis and Douglass . (Member S-awicki was .absent. ) Appl : ' T . & C. ZIMMERMAN. 7 : 40 p .m . Public Hearing was held and concluded in the Matter of Appeal No . 3603 - JAMES CROSS . (See verbatim transcript for statements . ) Follow- ing the hearing , motion wa.s made by Chairman Goehringer , seconded by Member Grigonis , to Southold Town Board of Appeals -2- March 5 , 1987 Regular Meeting (Public Hearings , continued : ) conclude (close ) the hearing pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis and Doyen . _(Member Sawicki was absent . ) 7 :45 p .m. Public Hearing was held and concluded in the Matter o_f the Appl . ,of CAROL. .BARTHOLOMEW, Special Exception #3610 for " Bed and Breakfast" use . 7015 Wickham Avenue , Matti.tuck. (See verbatim transcript of hearing . ) Following the hearing , motion was made by Chairman Goehringer , seconded by Member Douglass , to conclude (,close ) the hearing , pending deliberations . Vote of the Board : Ayes : Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) 7 : 50 p .m. Public Hearing was held and concluded iniithe Matter of Appeal No . 3612 - PHILIP AND ELLEN BELLOMO . Addition at rear of dwe_llin_g. with insufficient setback from wetlands. along Great Pond (as revised ) . 7455 Sound- view. Avenue , Southold . (See verbatim transcript for statements . ) Following the hearing , motion was made by Chairman Goehringer , seconded by. Mr . Douglass , to conclude (close ) the hearing:,:..pending deliberations . Vote of the .Board : Ayes,:,.-..Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) CORRESPONDENCE: Letter received February 24 , 1987 from Mr . Richard .G. Endris for reconsideration of Appeal No . 3402 - EMILIA PIKE. The Chairman .was authorized and directed to send a response to Mr . Endris advised that without a formal application , after proper notices , etc . , the Board is without authority to reconsider , amend , modify, deny , change , approve , rescind , withdraw , or take any other action concerning a decision previously rendered . Substantial new evidence must be presented to reopen the case , and New York Town Law , Section 267 indicates that an unanimous vote of the board members must be adopted before a rehearing is held . Motion made by Chair.mah Goehringer , seconded by Member Grigonis , and duly carried . APPROVAL OF MINUTES : On motion by Mr . Goehringer , seconded by Mr . "Grigonis , it was RESOLVED , to approve the Minutes of the following Meetings of the Southold Town Board of Appeals : August 14 , 1986 and February 5 , 1987 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -3- March 5 , 1987 Regular Meeting QUESTIONNAIRE AND INSTRUCTION SHEET , AS AMENDED . On motion by Chairman Goehringer , seconded by Mr. Grigonis , it was RESOLVED , to authorize and direct that the questionnaire and instruction sheet as amended be included in all application packets to applicants . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absen_t . ) CORRESPONDENCE: Appeal No . 3581 . Letter received February 19 , 1987 from Mr . George D. Damien . Motion was made by Chairman Goeh- ringer , seconded by Member Grigonis , concurring with the Chairman ' s March 9 , 1987 response and i_ndi.cating that the application is incomplete , pending receipt of either a waiver of approval , or other action , under Article 6 of the Suffolk County Sanitary Code . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass.. (Member Sawicki was absent . ) NEW APPLICATION : Appeal No . 3617 - MICHAEL TOFFALES . On motion by .Mr ... .Goehringer ,_ seconded by Mr . Grigonis , it was RESOLVED , to re-confirm that this matter i-s . tempor. arily held in abeyance pending recei.pt of proper Notification. to Adjoining . Property Owners , affidavit of _mailing and certified mail receipts from the_ applicant . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and D.o_uglass . (Member Sawicki was absent . ) PUBLIC HEARING : Appeal No . 3511 - KAPELL REAL ESTATE INC . and 'LI_MPE_T •CORP . The Chairman opened the hearing at 8 :00 p .m . and read the legal notice of hearing and appeal application . .David Kapell spoke in behalf of the applicants . (See verbatim transcript for statements . ) Following .the hearing , motion was made by Mr . Goehringer , seconded. .by Mr . Grigonis , and duly carried , , to .conclude (close ) the hearing , pending deliberations . AC t Southold Town Board of Appeals -4- March 5 , 1987 Regular Meeting At this point in time , Judge Joseph Snellenburg was advised by the Board that a postponement of his hearing was requested by .. .., the attorney for Mr . and Mrs . D . Dean , adjoining property owners , to due hospitalization of Mr. Dean . Mr . Snellenburg agreed to a postponement until on or about April 30th . _The Chairman indicated he would open .the hearing at the appropriate time in the event persons appeared who would like to be heard at this time rather than April 30th . 8 : 10 p .m. Appeal No . 3608 - RICHARD F. MULLEN , JR. Public Hearing was held and concluded . J . Kevin McLaughlin , Esq . and Mr. Richard Mullen , Jr. appeared and spoke in behalf of the application . (See ,verbatim transcript for statements . ) Follow- ing the hearing , motion was made by Mr . Goehringer ,. seconded by Mr. Douglass , to conclude (close ) the hearing , pending delibera- tions . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) 8 : 30 to 8 : 35 p .m . Temporary break . .8 : 36 p .m . Motion was made by Member Grigonis , seconded by Chairman G_oehringer , to reconvene the meeting and proceed with the next public hearing . Vote of the Board : Ayes : All . (Member Sawicki was absent. ) 8 : 37 p .m. Public Hearing was held in the Matter of Appeal No . 3611 = 'RAYMOND 'AND 'ELEANOR KERESTER. Patricia C. Moore , Esq . of the Law_ Offices of Edson and Bruer spoke_ in behalf of the application . The Board requested a.,sur.vey or site plan be pre.pared deleting the wetland areas indicated in the recent c.omm_unciations of,the:.Suffolk County Health Department which appear to be within the "building envelopes" and right-of-way areas . (See verbatim transcript ., ) Following testimony , motion was made by Mr. Goehringer , seconded by Mr. Douglass , to recess the hearing until our APRiL.:2 , 1987 REGULAR MEETING . Vote of the- Board : Ayes_:; Messrs.. Goehringer , Grigonis , Doyen and Douglass . (Membe.r Sawicki was. absent. ) t Southo.ld. Town- Board of. .App.e.als -5- March 5 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3595 : Application of DONALD J . GRIM for a Variance to the Zoning Ordinance , Article IX , Section 100-90 , 100-93 , Bulk Schedule , for permission to con- struct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C- l " Heavy Industrial Zoning District . Location of Property : Lot No . 2 , Minor Subdivision No . 450 ; South Side of Oregon Road , Cutchogue , NY ; ' County Tax Map Parcel No . 1000-83-003-part of Lot 4. 4. Containing 4. 59 acres . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of DONALD J . GRIM under Applica- tion No . 3491 ; 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 . This is an application for a Variance from the Provisions of Article IX , Sections 100-90 and 100-93 , Bulk Schedule , of the Zoning Code for permission to locate and construct 30 ' by 40 ' wide building for office use incidental to the established commercial use of the premises . 2 . The setbacks of the proposed building are : (a ) 35 feet from the front property line [along Oregon Road] ; (b) 40 feet from the west side property line , (at its closest points ) . 3 . The premises in question is located in the "C-l " Heavy Industrial Zoning District , contains an area of 4 . 5913 acres (or 199 , 997 sq . ft. ) with frontage along the south side of Oregon Road of 362 . 05 feet and is identified on the Suffolk County Tax Maps as District 1000 , Section 083 , Block 03 , part of 4. 4. The Southold Town. Board of Appeals -6- March 5 , 1987 Regular Meeting (Appeal .No . 3595 - GRIM, decision , continued: ) subject parcel is referred to as Lot #4 of Pending Minor Subdivision No . 450 of L . B . Glover before the Southold Town Planning Board. 3 . Under Application No . 3491 , a Special Exception was conditionally grnated by this Board on June 25 , 1986 concerning the existing trucking business (Oak Street Trucking ) . 4 . Article IX , Section 100-93 , Bulk Schedule of the Zoning Code requires a minimum frontyard setback in this zoning district of 150 feet . In viewing the setbacks of existing principal struc- tures in the immediate area , the board finds that a setback at not less than 35 feet would not be unreasonable . It is understood that the use of this building will be strictly for the office operation of the trucking establishment. 5 . It is also the understanding of this board that the project in question will not violate any other provisions of the zoning code and will not be used for any secondary or unrelated business other than that established under Special Exception #3491 . In considering this appeal , the board also finds and deter- mines : (a ) the relief requested is not unreasonable ; (b) the circumstances are unique ; (c ) the relief requested is not substantial in relation to those structures existing in the area ; (d ) there will be no substantial change in the char- acter of the area and the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience or order of the town ; (e ) there will be no increase in population density resulting from the grant of this variance ; (f) in consideration of the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , that a Variance for permission to locate 30 ' by 40 ' building for office use incidental to the present use of the premises (as approved under Special Exception No . 3491 ) , BE AND HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The building be no closer than 35 feet to the front property line [along Oregon Road] ; t ' Southold Town Board of Appeals -7- March 5 , 1987 Regular Meeting (Appeal No . 3595 - GRIM , decision , continued : ) 2 . The building be no closer than 50 feet to the west property line ; 3. The building be used for office use incidental to the existing principal business operation (now Oak Street Trucking) established under Special Exception No . 3491 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen - and Douglass . (Member Sawicki was absent . ) This resolu- tion was duly adopted . PENDING DECISION : Appeal No . 3597 : Application of ROBERT AND HELEN DIER for a Special Exception to the Zoning Ordinance , Article III , Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property : 355 Terry Lane , Southold , NY ; County Tax Map Parcel No . 1000-65-7-20 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of ROBERT AND HELEN DIER under Appl . No . 3597 ; 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 to the Zoning Code , Article III , Section 100-30 ( B) for approval of an accessory apartment . Southold Town Board o-. ..ppeals -8- March 5 , 198. tegular Meeting (Appl . No . 3597 - DIER decision , continued : ) 2 . The premises in question is located in the "A" Residential and Agricultural Zoning District , containing a lot area of 27 , 500± sq . ft. with frontage along the east side of Terry Lane of 100 feet . The subject premises is improved with a single- family , split-level frame house with attached garage structure and more particularly shown on sketch prepared by the applicants under consideration . 3 . Article III , Section 100-30 ( B) , subsection (15 ) of the Zoning Code conditionally permits by Special Exception from the Board of Appeals , " . . . One (1 ) accessory apartment in an existing one-family dwelling. . . . " 4. The accessory apartment requested by this application is shown to be on the second floor of the existing structure over an established garage area . The size of the accessory apartment is 780± sq . ft . The total liveable floor area of the existing one-family dwelling contains approximately 3 ,040 sq . ft. (2260 sq . ft . in the split-level area and 780± sq . ft . over the garage area ) . The applicants are the owners of the existing. dwelling and presently occupy and must continue to occupy one of the dwelling units as the owner ' s principal residence . 5 . It is also noted for the record that Certificate of Occupancy No . Z7701 dated June 6 , 1977 was issued to Robert Dier for a "private one family dwelling and garage " pursuant to Building Permits No . 6382Z and 7395Z concerning this property . Also submitted is a copy of the Suffolk County Department of Health Services sewage disposal and water supply facilities under Ref. No . SO-1304 dated March 3 , 1977 . 6 . In making this determination , it shall be understood that this project will not violate any building or zoning code regulations and accordingly must be established in accordance with all the requirements of Section 100-30 ( B) , Subsections ( 15a through p ) , and other applicable regulations . In considering this application , the board 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 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 in making this determination . Southold Town Board of Appeals -9- March 5 , 1987 Regular Meeting (Appl . No . 3597; DIER decision , continued : ) Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that a Special Exception for approval of the creation of an Accessory Apartment as provided in Article III , Section 100-30 ( B) [15] of the Zoning Code , applied under Appl . No . 3597 in the Matter of ROBERT AND HELEN DIER , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The area proposed for an accessory apartment must remain attached and a part of the principal building ; 2 . The existing garage area shall not be converted for sleeping or living quarters ; 3. The accessory apartment shall be established on the second floor (over the garage area ) , as proposed ; 4 . The accessory apartment must meet all N . Y . S . Building Construction Code requirements for . such accessory apartment use/unit on a second floor , as approved by the Building Department ; 5 . Compliance of Subsections (a ) through (p ) of Article III , Section 100-30 ( B) [15] of the Zoning Code , to wit : (a ) The accessory apartment shall be located in principal building ; (b ) The owner of the existing dwelling shall occupy one of the dwelling units as the owner ' s principal residence . The other dwelling unit shall be leased for year-round occupancy , evidenced by a written lease for a term of one or more years ; (c ) The existing one-family dwelling shall contain not less than sixteen-hundred [1600] sq . ft. of liveable floor area ; (d ) The accessory apartment shall contain not less than four-hundred fifty (450 ) sq . ft . of liveable floor area ; (e ) The accessory apartment shall not exceed forty [40%] percent of liveable floor area of the existing dwelling unit ; (f) A minimum of three off-street parking spaces shall be provided ; i Southold Town Board o , nppeals -10- March 5 , 198/ Regular Meeting (Appl . No . 3597 - DIER decision , continued : ) ( g ) Not more than one [1 ] accessory apartment shall be permitted on this lot ; (h ) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code.; (i ) The exterior entry to the accessory apartment shall to the maximum extent possible retain the existing exterior appear- ance of a one-family dwelling ; (j ) All exterior alterations to the existing building , except for access to the apartment , shall be made on the existing foundation ; (k ) Certificate of Occupancy shall terminate upon the transfer of title by the owner , or upon the owner ceasing to occupy one of the dwelling units as the owner ' s principal residence . In the event of the owner ' s demise , the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one ( 1 ) year from the date of said demise , whichever shall first occur ; (1 ) All conversions subject to inspection and approval of the Building Inspector and renewal of Certificate of Occupancy annually; (m ) The building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January 1 , 1984; (n ) The existing building , together with the accessory apartment , shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold ; (o ) Notwithstanding the provisions of Section 100-30 ( B) hereof , no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment ; (p ) Suffolk County Health Department water and sewage system approvals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . 5 Southold Town Board of Appeals - 11 - March 5 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3601 : Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to construct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area , and to Section 100-31 , Bulk Schedule , for an insufficient setback from the rear property line , at premises located along the south side of a private right-of-way (extending off the east side of Camp Mineola Road) , Mattituck , NY ; County Tax Map Parcel No . 1000-123-06-17 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No . 3601 ; 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 . This is an application for Variances from the Zoning Code Article XI , Section 100- 119. 2 and Article III , Section 100-31 , Bulk Schedule , for permission to extend dwelling addition at the rear of the existing two-story frame dwelling from 12 feet to 14 feet leaving an insufficient setback at not less than 29 feet from the bulkhead . The setback of the existing dwelling structure , without addition , is shown to be at 43 feet . The addition is proposed for a heated porch and additional kitchen area . 2 . The premises in question is a described parcel containing a total area of 1 . 3± acres , with 89 ft . frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay . The subject premises is more particularly identified on the Suffolk County Tax Maps as District .1000 , Section 123 , Block 6 , Lot 17 , and is improved with the following struc- tures : (a ) two-story frame dwelling , overall dimensions 36 . 4' r Southold Town Board of Appeals -12- March 5 , 1987 Regular Meeting (Appeal No . 3601 - MARGARET AND JOSEPH BEST , decision , rendered : ) by 36 ' , set back from the existing wood bulkhead 43± feet; (b ) one-story 20 ' by 32 ' accessory cottage structure , set back 132± feet from the bulkhead ; (c ) 8 . 3 ' by 12 . 3 ' accessory framed shed set back 2 . 8 feet at its closest point from the easterly side property line ; (d ) 12 . 2 ' by 20 . 2 ' framed accessory stable struc- ture set back 21 . 7 feet at its closest point from the easterly side property line . 3 . 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 of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the tidal wetland , whichever is the greater distance . 4. By action taken by this Board December 11 , 1986 under Appeal No . 3571 , a 12 ' by 33 ' addition at the rear (south ) end of the existing dwelling was granted , for a setback of not less than 31 feet . It is also noted that by action taken under Appeal No . 3573 , an amendment of prior Appeal No . 3551 , this Board granted a conditional area variance for a new accessory garage in the frontyard , with restriction as to the setbacks from the front and west side property lines , as noted therein . 5 . It is the position of this Board that an additional two-foot extension , for a 14-ft . extension at the rear of existing dwelling , would not be out of character with those generally existing in the immediate area . Proposed is a setback of not less than 29 feet from the bulkhead . Setbacks in the immediate area range from 31 feet to less than 25 feet . In considering this appeal , the board also finds and determines : (a ) that the relief granted is not substantial in relation to the established setbacks existing in the immediate area , although the relief requested is substantial in relation to the zoning requirements ; (b ) the circumstances of the property are unique ; (c ) the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience or order of the town ; (d ) there is no other method feasible for appellants to pursue other than a variance ; (e ) there will be no substantial detriment to adjoining properties ; (f) in view of the manner in which the difficulties arose and in Southold Town Board of Appeals -13- March 5 , 1987 Regular Meeting (Appeal No . 3601 - BEST decision , continued : ) view of the above factors , the interests of ,justice w.i..11 be served by granting the variance applied for . _ Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to APPROVE a 14 ' by 33 ' wide addition at the south end of existing two-story dwelling , leaving an insuffi - cient setback at not less than 29 feet from the existing bulkhead , as applied - Appeal No . 3601 , Matter of MARGARET AND JOSEPH BEST . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . PENDING DECISION : Appeal No . 3590 : Application of THOMAS J . AND CATHERINE ZIMMERMAN . Variance to the Zoning Ordinance , Article XI , Section 100-118E for permission to con- struct addition to existing nonconforming structure which exceeds 50% of fair value of same as exists , at 265 Rochelle Place , Mattituck ; NY ; County Tax Map Parcel No . 1000- 144-04-09 and 08 . Containing . 60 an acre . Following deliberations , the board took the following action : WHEREAS , public hearings were held in the Matter of the Application of THOMAS AND CATHERINE ZIMMERMAN under Appeal No . 3590 on February 5 , 1987 and March 5 , 1987 , at which time the hearing was declared concluded ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located along the north side of Rochelle Place , Mattituck , extending approximately 200 feet east Southold Town Board of Hppeals -14- March 5 , 1987 Kegular Meeting (Appeal No . 3590 - ZIMMERMAN decision , continued : ) of Bay Avenue . 2 . The subject premises is referred to as Lots 19 , 20 and 21 on Map of Ida Bartley (pre-zoning ) , containing . 60 of an acre total , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 144 ,. Block 04 , Lots 09 and 08 . 3 . The subject premises received a Pre-Certificate of Occupancy No . Z15130 dated December 24 , 1986 for land and the following build- ings : (a ) one one-story , single- family wood dwelling set back 27± feet from the front property line (along Rochelle Place , a/k/a Salt Lake Lane ) ; (b ) a second single-family dwelling [located in the rear yard area] ; (c ) an accessory storage shed [located in the rear yard area] . 4. By this application , appellants seek a Variance from the Provisions of Article XI , Section 100-118( E ) to construct an additional 91 sq . ft . addition , in addition to that construc- tion permitted under Building Permit No . 15477Z. The total new square footage proposed is 451 sq . ft. 5 . The square footage of the building as exists is shown to be 472 sq . ft . The total area of the building proposed , including the 91 sq . ft . requested by this application , would be 923 sq . ft . 6 . It is the understanding of this board that : (a ) the structure in question is seasonal and has been used for habitable purposes by family members from late Spring through Fall for two or more consecutive years ; (b ) the structure in question is heated by portable electric heaters ; (c ) the sewage utility and water utility are shared by the main systems of the principal dwelling and are not separate systems ; (d ) the structure in question has not been rented or operated for income or gain . since before 1,967 . In considering this appeal , the board finds and determines : (a ) that the relief requested is 91 sq . ft . , which is not substantial in relation to the requirements ; (b) the circum- stances of the property are unique ; (c ) there will be no increase in population density resulting from the grant of this variance ; (d ) there will be no change in the character of the area and the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience or order of the town ; (e ) the granting of this variance will not prevent the orderly and reasonable use of adjacent properties ; (f) the granting of this variance will not adversely affect the f Southold Town Board of Appeals -15- March 5 , 1987 Regular Medting (Appeal No . 3590 - ZIMMERMAN decision , continued : ) safety , welfare , comfort , convenience or order of the town ; (g ) the relief as conditionally granted is in harmony with and will serve the purposes and intent of zoning ; (h ) in consideration of the above factors , the interests of justice will be served . Accordingly , on motion by Mr . Grigonis , seconded by Mr . Douglass , it was RESOLVED , that a Variance be and hereby is GRANTED for the construction of 91 sq . ft . in the Matter of the Application of THOMAS AND CATHERINE ZIMMERMAN as Applied under Appeal No . 3590 and SUBJECT TO THE ' FOLLOWING CONDITIONS : 1 . The building in question shall continue to be used only by family members and not to be rented or used for income and gainful purposes . 2 . The amount of relief granted hereunder is limited to the 91 sq . ft. extension for this structure to be used by family members on a seasonal basis . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Doug- lass and Grigonis . (Member Sawicki was absent . ) This resolution was duly adopted . PENDING DECISION : Appl . No . 3596-SE : Application of. TARTAN OIL CORP . for a Special Exception to the Zoning Ordinance , Article VII , Section 100-70 ( B) [4 & 5] for permission to establish a partial self-service gas station in conjunction with full -service gas station approved 6/29/72 under Appl . No . 1584. Loca- tion of Property : 32400 C . R. 48 , Peconic , NY ; County Tax Map Parcel No . 1000-74-4-7 . 1 (6 & 7 ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 _in the Matter of the Application of TARTAN OIL CORP . , Application No . 3596 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and Southold Town Board of Appeals -16- March 5 , 1987 Regular Meeting (Appeal No . 3596-SE - TARTAN OIL : CORP . , decision , continued : ) 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 . This is an application for a Special Exception as permitted by Article VII , Section 100-70 ( B_) , Subsections 4 and 5 of the Zoning Code for a partial self-service gasoline , kerosene and diesel pumping station . 2 . The premises in question is located in the "B- 1 " General Business Zoning District , containing a total lot area of 34 ,029 sq . ft . with 194. 54 ft . frontage along the south side of Middle Road (a/k/a C . R . 48) , Peconic . 3 . Requested by this application is the use of: (a ) self-service pumps for sales of regular , unleaded , and premium gasoline , on two existing islands located at the westerly portion of the premises with minimum setbacks of 69 feet from the front property line . [along C . R. 48] , 48 feet from the west side property line , and 100± feet from the rear (south ) property line ; (b) one self-serve kerosene pump , presently full service ; (c ) one self-serve diesel pump , presently full service ; (d ) overhead canopy ; all as shown by Site Plan amended January 29 , 1987 , prepared by Merritt H . Deutzman , P . E . 4. The subject premises is improved with the following structures : (a ) full -service island with gasoline pump , just east of the existing service building ; (b ) new 20 ' by 32 ' service building set back approximately 71 feet from the front property line [along Middle Road] ; (c ) one kerosene pump and one diesel pump , both presently full service ; (d ) two islands just west of the existing service building ; (e ) overhead canopy , all also as shown on site plan amended. January 29 , 1987 , prepared by Merritt H. Deutzman ,. P . E. 5 . For the record it is noted that conditional approval was granted by the Southold Town Planning Board August 25 , 1986 con- cerning the Site Plan., and conditional Temporary Certificate of Occupancy No . Z15.158 and Building Permit No . 14696Z were issued concerning these premises . Southold Town Board or Appeals -17- March 5 198/ Regular Meeting (Appl . No . 3596-SE - TARTAN OIL CORP . , decision , continued : ) 6 . It is also noted for the record that it is the understanding of this Board that the service building will be used for office and sales area incidental to this gasoline service station and will not be operated as a separate business use or entity . By letter dated December 23 , 1986 , the Town is assured that no foodstuffs requiring a food-service permit from the County Health Department will be offered for sale . 7 . It shall be understood further that this project must comply with. those conditions set by the Board of Appeals June 29 , 1972 under Application No . 1584 for the construction of a gasoline service station , including but not limited to items (b ) , (c ) and (f) thereof: (b ) Vehicle lifts or pits , dismantled automobiles , and all parts or supplies shall be located within a building ; (c ) All service or repair of motor vehicles other than such minor servicing as change of tires or sale of gasoline and oil , shall be -conducted in a building ; (f) No motor vehicle sales , used car lots , gasoline services or repair shops , or similar businesses , are to be located within 300 feet of a church , public school . . . or within 300 feet of any residence district . In considering this application , the board also finds and determines : (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 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 in making this determination . Accordingly , qn motion by Mr . Douglass , seconded by Mr . Goeh- ringer , it was RESOLVED , to GRANT a Special Exception in the Matter of the Application of TARTAN OIL CORP . , No . 3596 , for the estab- lishment of self-service gasoline sales on the two existing pump islands on the westerly portion of the subject premises as shown on Site Plan amended January 29 , 1987 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 ' Southold: Town. Board of Appeals -18- March 5 , 1987 Regular Meeting (Appl . No . 3596-SE - TARTAN OIL CORP . , decision , continued : ) 1 . This Special Exception is limited to the two islands on the westerly portion of the premises (as exists ) for the sole purpose of sellign regular , unleaded , and/or premium unleaded gasoline ; and is not to include self-service pumps for the kerosene or diesel pumps requested; 2 . No food service or preparation of foods , as proposed , except by additional applications to this Board pursuant to Article VI , Section 100-62 , the Planning Board , County Health Department , and any other agency having jurisdiction thereof; 3 . No additional structures or buildings , nor increase of sales/office area , without re-application for consideration to both this Board and the Planning Board , and any other department or agency having jurisdiction thereof. 4. Prior Conditions under Special Exception No . 1584 rendered June 29 , 1972 for the operation of this gasoline service station . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolu- tion was duly adopted . PENDING DECISION : Appeal No . 3599 : Application of SAMUEL S . COHEN for a Variance to the Zoning Ordi - nance , Article III , Section 100-32 for permission to construct accessory garage structure , for storage and garage purposes , in the front and side yard areas , premises located along the south side of a private right- of-way (extending off the south side of Indian Neck Road ) , Peconic , NY ; County Tax Map Parcel No . 1000-98-5-18. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of SAMUEL S . COHEN under Appeal No . 3599 ; 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 Southold Town Board of Appeals -19- March 5 ,, 1987 Regular Meeting (Appeal No . 3599 - COHEN decision , continued : ) 1 . By this application , appellant seeks a Variance from the Provisions of Article III , Section 100-32 for permission to locate and construct accessory garage at the northwesterly portion of premises in the frontyard area . 2 . The premises in question is a described parcel located in the "A-40 " Residential and Agricultural Zoning District , contains an area of 43 ,560± sq . ft . , with frontage of 80 feet along Peconic Bay , and is identified on the Suffolk County Tax Maps as District 1000 , Section 98 , Block 5 , Lot 18 . . 3 . The subject premises is improved with a single-family , one-story frame house , 8 ' by 12 ' accessory structure , and tool shed , all as shown on survey dated March 22 , 1972 prepared by R. Van Tuyl & Son . 4 . The accessory structure proposed by this application is of a size 24 ' by 24 ' at a height not to exceed 18 feet and at distances of approximately 68 feet from the east property line , five feet from the west property line and 542 feet from the north property line . The use of the accessory structure will be for storage purposes incidental and accessory to the residential use of the premises and will not be used for sleeping or habitable quarters at any time and not for income purposes . 5 . Article III , Section 100-32 allows for the location of an accessory building in the rear yard area . To locate the subject accessory building in the rearyard area will require a variance under Article IX , Section 100-119. 2 for an insufficient setback from the existing bulkhead . 6 . It is the opinion of the board members that the accessory building should be located as close to the existing dwelling structure as possible ; however , under the circum- stances and concerns of the abutting property owner (s ) , the location of the accessory building approximately 542 feet from the north property line and minimum 10 ft . setback from the east property line would not be unfeasible . In considering this appeal , the board also finds and determines : (a ) that the relief requested is substantial in relation to the requirements ; ( b) the variance will not in Southold Town Board of Appeals -20- March 5 , 1987 Regular Meeting (Appeal No . 3599 - COHEN decision , continued : ) turn be adverse to the safety , health , welfare , comfort , con- venience or order of the town ; (c ) ' there will be no substantial detriment to adjoining properties ; (d ) although there are areas more practical , there is no method for appellant to pursue other than a variance ; (e ) the circumstances of the property are unique ; (f) in view of the manner in which the difficulties arose and in view of the above factors , the interests of justice will be served by granting the variance , as conditionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED , that a variance for permission to locate 24' by 24 ' accessory storage/garage structure in the frontyard area at premises of the applicant , SAMUEL COHEN , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The accessory building be located with minimum setbacks of 542 feet from the north property line (as applied ) and 10 feet from the east property line ; 2 . The accessory building not exceed 18 feet in height as regulated by Section 100-32 of the Zoning Code ; 3 . The accessory building never be converted for sleeping or habitable quarters , and be used accessory and incidental to the residential use of the premises (for storage/garage purposes ) , not to be operated for gain or income purposes . 4 . Appropriate landscaping with shrubs along .the east side of the garage to be accepted by the Building Inspector. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolu- tion was duly adopted . PENDING DECISION : Appeal No . 3462 : Application of HERBERT R. MANDEL for Variances to the Zoning Ordinance , Article-: III , Sections 100-30A , 100-31 , Column A-80 , resulting from this proposed three-lot Minor Subdivision "High Southold Town Board of Appeals -21 - March 5 , 1987 Regular Meeting (Appeal No . 3462 - MANDEL , decision , continued : ) Point at East Marion Section Three , Inc . " for : (a ) lots having insufficient lot area ; (b ) lots having insufficient lot depth ; (c ) Lot having insufficient lot width ; (d ) Lot 3 as proposed with structure having an insufficient frontyard setback ; (e ) Lots 2 and 3 as proposed each will contain structures that do not meet principal -use requirement for a single-family dwelling ; (f) exist- ing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line , dividing Lots 2 and 3 , running north and south ) . Location of Property : 9355 Main Road , East Marion ; County Tax Map Parcel No . 1000-031 -03-11 . 25 . Containing 2 . 918 acres . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of HERBERT R. MANDEL under Appeal No . 3462 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact: 1 . The premises in question is a described parcel containing a total area of 2 . 918 acres with frontage of 218. 44 feet along the north .side of the Main Road (a/k/a S . R . 25 ) at East Marion , and is identified on the Suffolk County Tax Maps as District 1000 , Section 031 , Block 03 , Lot 11 . 25 . 2 . By this application , appellant requests area variances : (a ) for proposed Lot #1 of 42 ,000 _sq . ft . [inclusive of right-of- way along the west side ; (b ) for proposed Lot #2 of 40 ,000 sq . ft . ; (c ) for proposed Lot #3 of 45 ,000 sq . ft. ; . (d ) Lots 1 , 2 and 3 having insufficient lot depth of 220 . 87 , 140 , and 140 , respectively ; (e ) insufficient setback of existing building on proposed Lot 3 ; (f) existing barn structure on each Lot 2 and Lot 3 which have insufficient frontyard setbacks ; (g ) existing structures on Lots 2 and 3 which do not meet the principal - use requirement of a single-family dwelling . 3. Existing upon the premises are the following structures : (a ) two-story , single- family wood framed dwelling set back Southold Town. Board of Appeals -22- March 5 , 1987 Regular Meeting (Appeal No . 3462 - MANDEL decision , continued : ) 56± feet from the front property line along the Main Road ; (b) 24 ' by 24 ' accessory garage building ; (c ) 40 ' by 46 ' accessory barn ; (d ) 18± ' by 27± ' accessory barn , all as more particularly shown on subdivision sketch plan mapped January 29 , 1986 by Young & Young , L . S . It is noted that Certificate of Occupancy No . Z14702 was issued July 24 , 1986 concerning this 2 . 918-acre parcel and buildings . 4. It is noted for the record that a photocopy of approval from the Suffolk County Department of Health Services dated December 4 , 1986 and letter dated March 4 , 1986 from the South- old Town Planning Board were submitted and considered . 5 . The Bulk Schedule of the Zoning Code requires a minimum lot area of 80 ,000 sq . ft. , 250 ft . lot depth , and 175 ft . lot width (frontage ) , and minimum frontyard setbacks at 60 feet for principal buildings . 6 . The percentage of relief requested from the lot area requirements is not less than 45%. It is the opinion of the board that the relief requested is not the minimal necessary meeting only approximately 55% of the requirements , and is self-created . A plan could be submitted under the circumstances for insufficient area of two parcels , as an alternative for consideration . In considering this application , the board also finds and determines that : (a ) the difficulties claimed are not sufficient to warrant a granting of the relief requested ; (b ) the percentage of relief requested is substantial in relation to the zoning requirements , being a variance of at least 45% for this proposal of three lots ; (c ) the difficulties claimed are self-created ; (d ) the lot area requirements have been in effect prior to the conveyance in title of this property to the applicant ; (e ) there is another method feasible for appellant to pursue for minimal relief; (f) in view of the manner in which the diffi - culties arose and in considering all the above factors , the interests of justice will be served by denying the variance , as applied . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to DENY the relief requested under Appeal No . 3462 in the Matter of the Application of HERBERT R. MANDEL in its entirety . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -23- March 5 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3604 : Application of ROBERT AND EILEEN VILLANI . Variance pursuant to New York Town Law , Section 280-a , for appro_yal of access over private right-of-way (presently owned by Eileen Villani ) to other premises of the applicants identified on the Suffolk County Tax Maps as District 1000 , Section 86 , Block 6 , Lots 30 and 10 ; Indian Neck Road , Peconic . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of ROBERT AND EILEEN VILLANI under Appeal No . . 3604; 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 . This is an application for a Variance pursuant to the Provi - sions- of New York Town Law , Section 280-a for approval of access over a _private right-of-way extending from the north side of Indian Neck Road , Peconic , a _distance of 285 . 40 feet and thence extending in a westerly direction 25± feet , and 90± feet along the subject premises . 2 . The premises to which appellants are requesting approval contains an area of . 610 of an acre, and 100± ft . frontage , and is more particularly identified on the Suffolk County Tax Maps as District 10.00 , Section 86 , _Block 6 , Lot 30 . The premises is vacant land . 3 . After personal inspection of the right-of-way by board members , it is noted that a major portion of the right-of-way is a macadam surface in good condition and that only minor improve- ments are necessary (_as noted below ) . In considering this appeal , the board agrees that : (a) the variance is not substantial in relation to the requirements ; (b) there w.i.11 be no substanti.al change in the character of the Southold Town Board c . .'.ppeals -24- March 5 , 198i Kegular Meeting (Appeal No . 3604 - VILLANI decision , continued : ) district ; (c ) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties ; (d ) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose and in considering all the above factors , the itnerests of justice will be served by allowing the variance , as noted below. Accordingly , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that the relief requested under Appeal No . 3604 in the Matter of the Application of ROBERT AND EILEEN VILLANI for approval - of . access as required by New York Town Law , Section 280-a ; . BE - AND 'HERE'BY 'IS 'APPROVED 'SUBJECT TO THE FOLLOWING COND.ITI.ONS - 1 . Potholes be filled and open crevices be sealed ; 2 . Continuance maintenance in good condition at all times ; Vote of 'the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was- absent. ) This resolution was duly adopted . s Southold Town Board oT Appeals -25- March 5 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3598 : Application of DANIEL AND IRENE McKASTY . Variance to construct swimmingpool with fence enclosure and cabana within 75 feet of existing bulkhead along tidal water , requiring a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 . Location of Property : 13220 Main Road , East Marion , NY ; County Tax Map Parcel No . 1000-31 - 14- 12 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on February 5 , 1987 in the Matter of the Application of DANIEL AND IRENE McKASTY under Appeal No . 3598 ; and WHEREAS , at said hearing , no one appeared or spoke concerning this application ; 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 100-119. 2 ( B) to construct a 20 ' by 40 ' inground swimningpool , decks , cabana , and fence enclosure , all with a setback of approximately 30 feet from the existing wood bulkhead along the southerly section of the premises and approximately 40 feet from the existing wood bulk- head along the easterly section of the premises . 2 . The premises in question is located along the south side of the Main Road , East Marion , more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 31 , Block 14 , Lot 12 , and contains a total upland area of approximately 41. , 140 sq . ft. with frontage along both Orient Harbor and Dam Pond Inlet . 3. The subject premises is located in the "A-40 " Residential and Agricultural Zoning District and is improved with a single- family dwelling_ set back 72± feet from the front property line (along the Main Road ) , 41 ± feet from the southerly wood bulkhead , 70± feet from the west side property line , 110± feet from the east side property line , all as depicted on _survey sketch submitted with the application . Southold Town. Board of Appeals -26- March 5 , 1987 Regular Meeting (Appeal No . 3598 - McKASTY decision , continued : ) 4. The reasons given for this appeal are that the applicants would not be permitted to enjoy the use of a pool , and that the new construction would enhance the property . No additional testimony or reasons were furnished at the hearing . 5 . It is the unanimous agreement of the board members that the area chosen for the new construction proposed herein is not the most feasible under the circumstances . There is alternative locations for this attached deck , pool and fence enclosure landward of the back (water-side ) of the dwelling , particularly in light of the history of tidal action along the Orient Harbor side of the bulkhead . The variance under the circumstances are substantial in relation to the requirements and is not the minimal necessary as applied . 6 . For the record it is noted that a new Building Permit #13966Z issued March 22 , 1985 for a new dwelling and enlarged garage in the frontyard is pending . The last inspection noted in the record was 12/23/85 approving the insulation in the new dwelling . As of today , a Certificate of Occupancy for this construction has not been issued . In considering this appeal , the board also finds and determines : (a ) the relief requested is substantial in rela- tion to the requirements , being .a variance of 60%; (b) the relief requested is not the minimal necessary ; (c ) the di..fficulties claimed are not sufficient to warrant the grant- ing of -the variance as applied ; . (d ) there are other methods feasible for appellants to pursue , other than a variance ; (e ) the circumstances of the property are unique , particularly to low -elevations above mean sea level varying between 5 . 0 feet to 7 . 1 feet , and its frontage along two sides with Orient Harbor and_ Dam Pond Inlet ; (f) the _granting of this variance is not within the spirit of the zoning ordinance and criteria set by the Courts ; (g ) t_he difficulties claimed are self- imposed , particularly due to the minimal setbacks established under the. Bui 1 di._ng _fermi t pending at this time ; (h ) in view of .the' manner in which the difficulties arose and in considering all the above factors , the interests of justice would be served by denying the variance as applied . Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer,_ it was RESOLVED , that the relief requested under Appeal No . 3598 in the Matter of the Application of DANIEL AND IRENE McKASTY BE 'AND 'HEREBY 'IS DENIED in its entirety . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen and Douglass . (Member Sawicki was absent . ) This resolu- tion was duly...adopted . ' Southold Town Board of Appeals -27- March 5 , 1987 Regular Meeting REQUEST FOR RECONSIDERATION : Appl . No . 3570-SE - PAUL HENRY . the Board members reviewed the recent request of Mr. Henry received February 23 , 1987 for reconsideration of the recent denial of the Special Exception application for " Bed and Breakfast" use . None of the Board' members would offer a motion to rehear or reopen the hearing . It was the consensus of the Board members accordingly that a rehearing could not be held. The Chairman was authorized and directed to advise the applicant of same . NEW REVIEW : Appeal No . 3618 - SUKRU ILGIN AND MINE PEKSEN (and Ocean Holding Corp . ) . Variance for permission to establish convenience store for retail sales in conjunction with gasoline service station use at the south side of Main Road , Laurel . On motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , that this matter be and hereby is authorized and scheduled for public hearing to be held THURSDAY , APRIL 23 , "1'987 before the Southold Town Board of Appeals , and BE IT FURTHER RESOLVED , that the Southold Town Planning Board input concerning the. parking and site plan arrangement be requested for consideration at the April 23 , 1987 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass , Doyen and Sawicki . This resolution was duly adopted. REVIEW: Appeal No . 3614 = R.OBERT AND ETHEL SCHROEDER. Interpreati.on requested concerning premises located at the south. side of Main Road , East Marion , d/b/a .Sound Shore Excavating . Edson and. Bruer , as Attorneys . At this time , the information requested by our February 11 , 1987 has not been received as requested concerning survey (s ) to show the following information : (a) existing buildings ; (b) a,ll uses bei.ng conducted upon the premises [inside and outside_] ; (c ) present egress , ingress , parking of customer vehicles , parking of._ empl'oyee and other vehicles , storage areas , etc . On February 20 , 1987 , a response was received from Edson and. Brue.r indicating the .the surveyor will prepare .a survey as requested , and Mrs . Moore requested a further clarification as to how uses inside ' a building can be. shown on pap.er. (Continued on Page 28 ) Southold Town Board of Appeals -28- March 5 , 1987 Regular Meeting (Schroeder Appeal No . 3614 - Update , continued : ) The Board authorized the Chairman to send a letter to Mrs . Moore further clarifying our request concerning uses conducted upon the premises , i.n the form of a survey , affidavit , or similar document , of any and all uses and activities being conducted upon the premises . If more than one use is being conducted , please depict the areas of the uses and , if possible , the square footage of the land occupied by such use . (For example , storage of equipment area , vehicle-repair area , office area , gasoline service area , parking of employee vehicles , parking of customer vehicles , utility rooms , etc . ) Motion was made by Mr . Goehringer , seconded by Mr . Douglass , and duly carried, concurring with the above . COM.PLIANCE .'W.ITH .'IMPROVEMENTS 'PER 280-a : Appeal No . 3292 - K & 'L: 'PROPE.R I S/DUCHOW_._ On February 26 , 1987 , our office received a request from the Office of Edson. and: Bruer for a final inspection of the improvements conditioned under Appeal No . 3292 . ' The last inspection requested and conducted was during May 1984 , and the right=of-way was not accepted by either thi.s:.Board or the Planning Board (P . B . resolu- tion. .on minor subdivision of 5/21 /84) .. . The Chairman indicated that he has asked John W. Davis by letter dated February 26 , 1987 , to inspect the .right-of-way f6r::a' length o.f 643 . 95 feet uhd.er Z.. B. A.. jurisdiction , and as ..o.f this date , .his written report has not been rec.eived.. but is expected in a day or two . On motion by Mr . Gr..igon:i.s :;: seconded by Mr . Doyen , it was .RESOLVED , to accept the improvements to this right-of-way extending from the east side of Indian Neck Lane for a length of 643..95 feet as to meeting Codnitions No . .1 , 2 _and 3 under Appeal_ No ._._ 3292 , subject to_: (a) continuous maintenance at all times , and . (b).. personal inspection and acceptance by Chairman Goeh.ringer within the ne.xt two weeks . Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Dou.g_lass and Sawicki . This - resolution was .du.ly adopted . ,(See memorandum of the Chairman indicating his acceptance after personal inspection on March 8 , 1987 . 1n the K & L Properties file . ) * * * Southold Town Board of Appeals -29- March 5 , 1987 Regular Meeting UPDATE : Appeal No . 3355 - PAUL AND MARIETTA CANALIZO . Corres- pondence from Mr . Edward C. Hines addressed to Supervisor'. Murphy . was.--received by our office recently . The Board members updated their reviews and the following notations were entered for the record and Mr . Hines ' information : 1 . By letter dated August 15 , 1985 , the application before the N . Y . S . Department of Environmental Conservation was suspended (a Draft Environmental Impact Statement was not submitted to their agency for reviews ) . 2 . By letter dated February 3 , 1987 , the application before the Southold Town Trustees for Permit (#271 ) was withdrawn due to inaction ; - 3 . By our letter dated May 21 , 1985 , we requested the eleva- tions above mean sea level of the lowest floor since this property is located in an "A-$" Flood Zone . The first floor elevations were provided by Mr. Canalizo at 12 feet . If you wish , you may submit a copy of the construction_ plans which would show the construction below the first floor .. Crawl -space type of construc- tion below the ._f_ irst floor (if.._ it does not exceed 4 ' in height ) would appear to meet .the minimum eight-ft . elevation above mean sea level . In order to complete your variance application pending with our office ; the applicant must : ( a) proceed with the Town Trustees in order to obtain a determination under the _.Wetl.ands Code ; (b). proceed with the N . Y . S . Dept . of Environmental Conserva- tion under the Wetlands Act , etc . ; (c ) furnish one print of the proposed construction plan confirming the type and height of construction below the first- floor elevation ; (d) keep us informed of developments with the Trustees , DEC , and County Health Department , and complete and return the ZBA questionnaire for our file . Upon receipt of all of the above , the Board . indicated they would be in a position_ to .s.chedule a date for public hearing in accordance with all laws and regulations for this type of project . Southold Town Board of Appeals 30 March 5 , 1987 Regular Meeting APPEAL WITHDRAWN : Appeal No . 3606 - J . GEDDES AND KATHY PARSONS . By letter received March 5 , 1987 , from Mr. J . Geddes Parsons , the applicants wish to withdraw their variance application concerning their premises at Fishers Island. On motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that Appeal No . 3606 , Application of J . GEDDES AND KATHY PARSONS , BE AND HEREBY IS WITHDRAWN , WITHOUT PREJUDICE , as requested by Letter dated March 3 , 1987 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . NEW 'HEARINGS : On motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , that the following matters be and hereby are scheduled for public hearings to be held at the APRIL 2,, _ 1987. REGULAR MEETING of the Board; and BE IT FURTHER RESOLVED , that the Board Clerk , Linda Kowalski , is hereby authorized and directed to advertise notice of same in the Suffolk Times and L . I . Traveler-Watchman : 7 : 35 p .m. Appeal No . 3611 - RAYMOND AND ELEANOR KERESTER . Insufficient:,lot width of three proposed parcels , each containing 4. 6± acres . North Bayview and Paradise Point Roads , Southold . 7 : 40 p .m. Appeal No . 3619 - ANA G . STILLO . Lot area , width and depth of two proposed parcels . ROW off N/s Main Road , Orient . 1000-14-2-26 . 7 : 45 p .m. Appeal No . 3618 - SUKRU ILGIN AND MINE PEKSEN (d/b/a OCEAN HOLDING •CORP . ) Convenience store in existing building in conjunction with gasoline-service station . 7400 Main Road , Laurel . 1000-122-7-1 . 7 : 50 p .m. Appeal No . 3609 - GULL POND DAWN CORP . , Single-family dwelling with an insufficient setback from existing wood bulkhead along mean highwater mark of Dawn Lagoon . Cleaves Point , Lot 70 , Greenport . 1000-35-5-17 . 7 : 55 p .m. Appeal No . 3616 - FLINT ST. CORP . and RIVER CIRCLE CORP. Lot area , depth and width of. two parcels . Greenport Driving Park Lots 68 and 76 , Greenport . 1000-48-2-32 . Southold Town Board of Appeals -31 - March 5 , 1987-Regular Meeting (New.-Hearings , continued : ) 8 :05 p . m. Appeal No . 3615 - CARMINE AND DONNA DISPIRITO . Special Exception for two-family use on four acres minimum. 6030 Youngs Avenue , Southold . Minor Subdivision 378 , . Lot 4; 1000-55-2-1 . 4 . 8 : 10 p .m. Appeal No . 3613 - GREGORY PAULOS Deck addition to dwelling with insufficient setback from bluff along Long Island Sound . N/s Soundview Road , Map of Orient By-The-Sea , Section Two , Lot 46 , Orient. 1000-15-3-4 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . ENVIRONMENTAL DECLARATIONS ; (SEQRA) : After review of each of the following matters , the board took the following action : On motion by Mr . Gr. i:gonis , seconded by Mr . Douglass , it was RESOLVED , to declare the following Environmental Declarations on each of the following pending. files in accordance with the N . Y. S . Environmental Quality Review Act (SEQRA) , Section 617 , 6 NYCRR and Chapter 44 of the Code of the Town of Southold : (a ) Appl : No . 3610 - CAROL A. BARTHOLOMEW. Unlisted Action . (b ) Appeal No . 3608 - RICHARD F. MULLEN , JR. Unlisted Action. (c ) Appeal No . 3592 - BENTE 'SNELLENBURG . Unlisted Action. (d ) Appeal No . 3612 - PHILIP & ELLEN BELLOMO . .Type.: II...' Action . (e ) Appeal No . 3603 - JAMES CROSS . Type II Action . (f) Appeal No . ' 3511 - KAPELL & 'LIMPET CORP . Type II Action . (con.t .hued on pages 32 through Southold Town Board -f Appeals . -32- P4 :h 5 , 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3610 PROJECT NAME: 'CAROL A. 'B'ART-H'O'LONE'W 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: Special ' Exception for "Bed and Breakfast" use. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 7015 Wickhan Ave. ; Mattituck, NY 10-00-107-5-4 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; „ n1(2) ;phis is an -application concerning use of premises and is not directly related to new construction. - . 4 Southold Town Board -vf Appeals -33- P ch 5 , 1987 Regular Meeting s • (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3608 PROJECT NAME: RICH'ARD F.' MULLEN,' -'JR. 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: Variance. 'to utilize lot for paved parking a area for employees of Mullen Motors LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more particularly known as: Cottage -Place, Southold, -NY 1000-62-3-19 REASON(S) SUPPORTING THIS DETERMINATION.: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. y` Southold Town Board -r Appeals -34- A ::h 5 , 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3592 PROJECT NAME: BENTE 'SN'EL'L'ENBURG 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: Cl1 Approval of 8 ' height of fencing along easterly property line a length, of 72 ' and (2) Appealing the 11/6/86 Order to RL1�Fl� OehCnot�� 5� �� l�,p� uyfr,OC'XTOg Town uo onof 9uYff01Rcim9re particularly known as: ROW off, E/s South -Harbor Road, Southold, NY 1000-87-2-.21 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; I (2) Constructiion proposed is landward of existing structures. I Construction proposed is located more than 75 feet from the mean highwater mark or tidal area. Southold Town Board ^4� Appeals -35- ? ch 5 , 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3612 PROJECT NAME: pHILI'P AN'D ELLEN' 'BELL'OMO 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: Additiori -at rear of dwelling with insufficient setback from. wetlands' along(-,GrektT`PoAd. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 7455 Soundview Avenue, Southold 1000-59-6-8 REASON (S) SUPPORTING THIS DETERMINATION.: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback -variance as regulated by Section 617.. 13, _ 6 NYCRR, SEQRA. Southold Town Board Appeals -36- T _ ch 5 , 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. '3603 PROJECT NAME: JAMES CROSS 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 determinationomade for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval* of insufficient area (78, 408 sq. ft. ) in this pending set-off. LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more particularly known as: Main -Road, Cutcho.guo,NY 1000-109-1-8 . 5. REASON (S) SUPPORTING THIS DETERMINATION.: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617 . 13 for a lot-line or area variance. r` Southold Town Board -` Appeals -37- 1 ';h 5 , 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3511 PROJECT NAME: KAPELL REAL ESTATE INC. and LIMPET 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: Pending -division of land land with- insufficient (1) lot area, (2) lot width, (3) lot depth LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Linett and Brown S.tr.eets, Greenport, NY 1000-48-3-25. 1 REASON(S) SUPPORTING THIS DETERMINATION.: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617 . 13 for a lot-line or area variance. r , Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . Southold Town Board Appeals -.38- March 5 , . 987 Regular Meeti�nig � i 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 do this 3. 721 -acre parcel , zoned "B-Light Business . " S/s Main Road , Greenport (along the east side of 7zll ) . **Recessed hearing from 8/23/84 awaiting Village of Greenport� contracts to which this plan is contingent upon before action fan be' taken . Appeal No . 3558 - NICK AND ANNA PALEOS. Variance for insufficient area , width and depth three proposed lots ) . S/s C . R . 48 , Peconic ( formerly Hass ) . Await Art . 6 Subdivision Action before advertising. (P . B . review 10/6/86 ) . H . Raynor , Agent . Appeal No . ' 3561 = DOROTHY 'L . .'ROBERTSON . Variance for insufficient area , width and depth two lots ) . S/s Northview Drive , Orient . Await Art . 6 Action before advertising . R. Bruer , Esq . Appeal No . 3581 - GEORGE' DAMIEN . Jackson St . , New Suffolk . Variances for insufficient area , width , depth . Await Art . ',6 Action per Co . Health Dept . communications . Appeal. No . 3298 - C & L REALTY/PORT OF EGYPT . Variance to construct 40-unit motel on insufficient buildable upland of 4. 83 acres and having insufficient sideyards . S/s Main Road (prev . Southold Fishing Station/Morris ) , Southold. (**Await corrected site plans , topographical survey including lowest floor elevations above mean sea level , Health Department approvals , N . Y . S . D . E . C . action , comments or input from Planning Board after. review of site plan . ) 10/9/84 Appeal No . 3183 - MARY N . CODE . Smith Drive' North , Southold . Proposed reseparation of lots . Await DEC and Planning Board applications to be filed for coordination/action . Appeal No . 3274 - BEST , SCHMITT, SYVERSON. Variances for insufficient area , width in proposed division of land . ROW off E/s Camp Mineola Road , along Great Peconic Bay , Mattituck . (**Await Co . Health Art . 6 , N . Y . S . D. E . C . , ,Planning Board before, advertising public hearing . Recent change in title . ) Appeal No . 2929 - SAL CAIOLA. . Project as proposed is questionable . Status/clarification awaited . N/s CR 48 , Southold . I III 1 + Southold Town 'Board of Appeals -39- March 5 , 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 i 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 . [See ' 4/,2/8.7- ,Minutes'] Appeal No . 3537 - ROBERT AND SUSAN D ' URSO : Breezy Path , Southold . Await DEC, Co . Health and Trustee actions (after formal applications ) to complete file . New dwelling with insufficient setback from wetlands and bulkhead . R. Bruer , Esq . Appeal No . 3545 - PATRICK STIGLIANI . Main Bayview Road , Southold . Await Co . Health Art . 6 ap-tion• . Area , .width and depth variances . Alfred Skidmore , Esq . . (Village water not available . ) 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 . Southold Town Board of Appeals -40- March 5 , 1987 Regular Meeting i ( 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 . (**Await Co . Health Art . 6 action , ' and possible Town Trustees as to wetland grasses . ) Building envelopes of buildable areas not shown . Contours not shown . 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 Firs,t 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 t,o 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. TAwait ,Co . Health Art . 6 waiver before advertising ) Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Variances for " insufficient area ', width and depth'. Two Lots-T. N/s Pine Tree Road , Cutchogu& . (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 . 1 . j I I Southold Town Board or Appeals -41 - March 5 , 1987 Regular Meeti�ng Other Matters .-Pending Public Hearings (**awaiting additional Information as noted , continued : Appeal No. 3299 -�DOUGLAS MILLER . Variance to include wetlands in subdivision which wriuld not result in insufficient area . Kirkup Lane, Laurel . **Await DEC , apd.•Co. Health Departmbnt approvals of pending subdivision. ( Appeal No. 3412 -/ THOMAS CRAMER . Variance to construct within 75' of wetlands . /s Meadow Lane , Mattituck . **Await Trustees action/approval . (Health Dept . approval apd.-DEC'waiver ' received`. )Transfer in title . Appeal No. 3355 J PAUL E MARIETTA;_CANALIT.O. Variance to construct with ins-u-M c ent setback in frontyard and from wetlands: **Await 'DEC and wetland setbacks rnap . - , • Trustees reviews pending. { Appeal No.= 3214 /HANAUER & BAGLEY . Variance for approval of two lots av ng7nsuf#icient upland , build- able area . DEC waiver and Planning Board received . **Await Co . Health and Trustees . Lighthouse Road and S/s Soundview Avenue , Southold . ( ) Application for LOIS AND FRANK THORP . E/s West lane and S/s North Lane private ) , off the E/s Orchard Lane East Marion . Variance for approval of lots having insufficient. area , widish , depth , etc . **Await Notice of Disapproval after application to Building ►)enartment relssuance of filing fee , postmarked certified-mail receipts , etc. ( ) Appeal No. 3293 -'HAROLD AND JOSEPHINE DENEEN . Variance . for approval of three parcels having insufficient area , width and depth. W/s ROW off the S/s ; Bayview Road (west of Waterview Drive) , Southold . 280-a not requested : **Await Co. Health Art . VI and DEC approvals/action . Appeal No. 3252 � JOHN CHARLES & M. SLEDJESKI . Variance appealing decision of Planning Board of 4/2/84 that buildable area in proposed division is less than 80 ,0'00 sq. ft. (excludes wetland grass areas ) for a one- family dwelling , and less than 160 ,000 sq . ft . (excludes wetland grass areas ) for an existing two-dwelling usage . E/s Narrow Ri.ver Road and S/s Main Road , Orient . **Await Co. Health Art . VI and SEQRA. ( ) Appeal No. 3367 JLOIS AND PATRICIA LESNIKOWSKI . Variance f,pr approval of two parcels having insu Ficient area and width.. S/s. North grive , Mattituck . **Await DEC . Build- ing envelopes and s'9tbacks not .shown since enactment of Local Law - Wetlands Setbacks . Southold Town Board of Appeals -42 March .: 5 , 1987 Regular Meeting (UPDATE , continued : ) 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 . Va.ri,ances for insufficient area and wfath (two lots) . ... W/s -'Peconic Lane „ Peconic . P. Ofrias , Esq . Multiple business uses . P . B . recommend'sp.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 Raynor , Agent . Appeal No . 3543 - PETER AND BARBARA HERZ . ' New dwelling with insufficient setbacks from wetlands , bulkhead , rear property line , and variance as to height . S/s Cedar Point Drive ; Southold . R'. Bruer , Esq . repr. applicants . R . J . Cron , Esq . rep . S . DeLeo and Midway Inlet Residents Assn . J . K. McLaughlin , Esq . Await Trustees action . DEC waiver rec .. 10/81 (updated action not 'received ) . To send letter requesting foundation plan of lowest floor above mean sea level and status as to height variance . Appeal No . 3593 -. THE QUIET MAN INN . Addition with insuffi - cient frontyard setback . B-1 Business-Zone : E/s Hobart Road and S/s Main Road , Southold . 1000-62-3-7 . Await application to PB and PB input as to site plan elements on revised seating location and parking . Appeal No . 3549 - J . KALIN AND B. GIBBS . Variances as to insufficient area , width and depth . N/s Main Road , Orient . Await Co . Health Art . 6 waiver and copies of current deeds . (As of 2/19/87 Co . Health Art . 6 appl . not filed . ) Appeal No . 3556 - EUGENE AND ANN BURGER . Variance for deed with, insufficient setback from wetlands along Little Creek . 2515 Pine Tree Road , Cutchogue . Await CO and exact setback requested from nearest wetlands . Photographs may be furnished after flagging of construction area . Appeal No . 3602 - MARGARET 'McNAMARA. Wraparound deck within 75 feet of.,. existing bulkhead an ' in excess of 20% lot coverage . 640 Takaposha (private ) Road , Southold . (Await Trustee and DEC waivers before advertising. ) Southold Town Board of Appeals -43- March 5 , 1987 Regular Meetin - g � (UPDATE, continued : ) Appeal No . 3575 - ROSA HODGSON . Variances . as to insufficient area and width of proposed 45 ,000t sq . ft . lot from 7 . 152-acre parcel . NTs *Pine. Neck . Road , Southold . Await Co . Health Art . 6 action . Garrett A'. Strang , Architect , to send letter clarifying ROW ownership , etc. (Public Hearing not to be held before 4/7/87 ) . Appeal No'. 3389 - THEODORE 'PETIKAS . Variance to use residential portion of premises .for restaurant use . W/s ' Sound Road and N/s • Main Road , . Greenport,. Await further instructions from attorney or applicant . . Await PP 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 mote units on 7 .05T�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 publiclhearing . ., Appeal No . 3605 - TED DOWD. .Variance for 280-a Approval . Right-of-way located, off the north side of the Main Road ; Southold, to 1000-56-1 -5 . 1 . . Copies of deed as to location of ROW and tel . pole . map requested by our February 5 , 1987 letter expected next week. Mr. John Davis to inspect and send recommendations soon . Applicant has requested hearing date subsequent- to May 1st . Appeal No . 3607 - JAMES P . O' NEILL and PETER J . McSHERRY . Variance for approval of insufficient area , width and depth of two parcels in this pending division of land , Wiggins Street , Greenport ; 1000-48-1 -22 . Await County Health Article 6 action and Planning Board comments concerning general lot-line layout . Two houses exist at this time . 1882"Map of °S . Buel Corwin at Greenport , " Lots 28 and 29. REGULAR MEETINGS FOR 1987 : On motion by Mr . Goehringer , a seconded by Mr. Sawicki , it was RESOLVED , that the following dates are reserved for public hearings and Regular Meetings of the Southold Town Board of Appeals : April 2 , 1987 April 23 , 1987 May 21 , 1987 June 18 , 1987 July 16 , 1987 r Southold Town Board oT Appeals -44- March 5 , 1987 Regular Meeting (Reserve Dates for Public Hearings ; : continued : ) August 13 , 1987 September 10 , 1987 October 8 , 1987 November 5 , 1987 December 3 , 1987 . Vote of .the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . Board Clerk Linda Kowalski advised the Board that a copy of the Reserve Dates for ZBA Hearings was transmitted to the Town Clerk ' s Office for reserving the Meeting Hall . There has been a number of times the Meeting Hall and Town Board room was not available for hearings due to con.f.l,icts with other departments or organizations . There being no other business properly coming before the Board at this:. time , the Chairman declared the meeting adjourned . The meeting was adjourned at 10 : 30 p .m. Respectfully submitted , inda F. Kowalski , Secretary Southold Town Board of Appeals Approved - Apra 1 .2 87 RECEIVED ANDE' LIED BY THE 1 0LL _ q �-®`mod Pf� Town Clerk, Tovvn caf Southold