HomeMy WebLinkAboutZBA-02/05/1987 --
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T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
REGULAR MEETING
THURSDAY , - FEBRUARY 5 , 1987
A Regular Meeting of the Southold Town Board of Appeals
was held on THURSDAY , FEBRUARY 5 , 1987 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 ;. Charles Grigonis , Jr. ; and
Joseph H . Sawicki , consti.tuting the five members of the
Board of Appeals . Also present were : Victor Lessard ,
Building-Department Administrator ; Linda Kowalski , Board
Secretary , and approximately 13 persons in the audience at
the beginning of the meeting (increasing to 30 towards the
latter part of the meeting ) .
Chairman Goehringer opened the meeting and proceeded with
the first matter 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 and concluded in the
Matter of Appeal No . 3601 - MARGARET AND
JOSEPH BEST. Fourteen-foot a dition along
sout-h side of dwelling with insufficient
setback from bulkhead and rear property line .
ROW off E/s Camp Mineola Road , Mattituck.
ti r
Southold Town Board of Appeals -2- February 5 , 1987 Regular Meeting
(Public Hearings , continued: )
7 : 40 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3.599 - SAMUEL S . COHEN.
Garage for storage purposes in_ front/side yard
areas . _:S/s Private ROW off S/s Indian Neck
Road , Peconic . No objections were received
or submitted during the hearing. (See verbal
transcript filed simultaneously herewith . )
7 : 45 p .m . Public Hearing was held and concluded in the
Matter of Appeal No . 3598 - DANIEL AND IRENE
McKASTY . Pool with fence enclosure and cabana
within 75 feet of existing bulkhead . 13220
Main Road , _ East Marion . The _ applicants did
not appear at the hearing . No objections were
submitted .
7 : 50 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3595 - DONALD J . GRIM.
Two-story building with insufficient frontyard
setback in this "C-l " Zone (for single office
use incidental to principal use of established
business ) . S/s Oregon Road , Cutchogue .
No opposition was submitted at the hearing .
The applicant was present (see transcript
for verbatim statements ) .
7 : 55 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3462 - HERBERT R . MANDEL .
Multiple area variances , etc. in this proposed
three-lot Minor Subdivision . 9355 Main Road ,
East Marion . Abigail Wickham , Esq . appeared
and spoke in behaTT of the applicant . No
opposition was submitted during the hearing.
(See transcript of hearing for verbatim statements . )
8 : 10 p .m . Public Hearing was held in the Matter of Appeal
No . 3590 - THOMAS AND CATHERINE ZIMMERMAN . Addition
to existing nonconforming structure exceeding 50%
of fair value . 265 Rochelle Place , Mattituck .
No objections were submitted during the hearing .
The hearing Was recessed until our .March 5 , 1987
meeting in _order to allow sufficient time for
the public to respond ,-on the re-notices sent by
Mr . Zimmerman today . (See transcript of hearing
for verbatim statements . )
C } '
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Southold Town Board of Appeals -3- February 5 , 1987 Regular Meeting
(Public Hearings , continued : )
8 : 18 p .m. Public Hearing was held and concluded in the
Matter of Appeal No . 3604 - ROBERT AND EILEEN
VILLANI . Approval of access pursuant to
Town Law , Section 280a . ROW off the east side
of Indian Neck Lane , Peconic . No objections
were voiced at the he.a_ring. (See transcript of
hearing for verbatim testimony. )
8 : 27 p .m. Motion was made by Member Sawicki , seconded by
Member Douglass , and duly carried , to recess for three minutes .
8 : 30 p .m. Motion was made by Member Sawicki , seconded by
Chairman Goehringer , to reconvene at this time . This resolution
was duly carried..
8 : 30 p .m. Public Hearing was held and concluded in the
Matter of Appeal - No . 3596 - TARTAN OIL CORP .
Special Exception to establish partial self-
service gas station in conjunction with full -
service gas station approved 6/29/72 under _
Appl . No . 1584. 32400 C . R. 48 , Peconic . (No obj . )
8 : 45 p .m. Public Hearing was held and concluded in the
_Matter of Appeal No . 3597 - ROBERT AND HELEN DIER.
Special Exception for Accessory Apartment. in
existing garage area . 355 Terry Lane , Southold .
(See transcript of hearing for statements pro
and con . )
APPROVAL OF DATE OF NEXT REGULAR MEETING : On motion by
Member Sawicki , . seconded by Member Grigonis , it was
RESOLVED , to set Thursday , March 5 , 1987 as the date of the
next Regular Meeting and Public Hearings by this Board .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted .
APPROVAL OF MINUTES : On motion by Member Grigonis , seconded
By Chairman Goe.hri nger , it was
RESOLVED , to APPROVE the -Minutes of the January 8 , 1987 Minutes
of this Board .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Gr. i.gonis ,
i
Southold Town. Board of Appeals -4- February 5 , 1987 Regular Meeting
Douglass and Sawicki . This resolution was duly adopted .
PENDING DECISION : Appeal No . 3552 :
Application of JOHN SENKO for a Variance to the Zoning Ordi -
nance , Article VII , Section. 100-.70 , and Article VI , Section
100-62 (B ) , for permission to establish shopping center use in
this " B-1 " General Business Zoning District with insufficient
lot area at _49295 .Main Road (a/k/a Ackerly Pond Lane ) , _Southold ,
NY ; County Tax Map District 1000 , Section 70 , Bl.ock 07 , Lot 01 ,
containing 30 ,084 sq . ft .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held on October 2 , 1986 , Octo-
ber 22 , 1986 , November 20 , 1.986 , December 11 , *1986 and _ concluded
on January 8 ; 1987 in the .Matter. of the Application of �JO.HN
SENKO under Appeal No . ' 3552 ; 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 _th..is application,.;,. and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact:
1 . The premises in question is located along the north
(northwest ) side of the Main Road (State Route .25 ).., and along
the south (southwest ) side of Ackerly Pond Lane , "in the _
Hamlet of Southold , Town of Southold,, further identified
on the Suffolk County. Tax Maps as District 1000 , Section 70 ,
Block 7 , Lot 1 .
2 . By this application , appellant requests a. Variance
from the requirements. of Article VI , Section 100-.62 , for
permission to establish shopping-center use for multiple retail
or office business on a parcel of .land having an insufficient
lot area of 30 ,084 sq . ft . , or . 69 of an acre . The subject
premises is a corner lot as defined by Section, 100-13 of the
Zoning Code .
3 . The subject premises is located in the " B- 1 " General
Southold Town Board of Appeals -5- February 5 , 1987 Regular Meeting
(Appeal No . 3552 - SENKO decision , continued : )
Business Zoning District and is improved with : (a ) one
one-story building containing a floor area of 816± sq .
ft . situa.ted a distance of 14.. 8 feet from its closest point
from the southwest corner of the premi..ses , and (b ) 24. 4 '
x 16 . 3 ' accessory one-story frame garage . The accessory garage
structure is to be removed entirely. The existing lZ- story
frame structure would be used for "professional or business
office" use only , as. regulated ,.by the zoning provisions .
4. Proposed in addition to the use of the existing
12-story frame structure for "professional ._or business office"
use is a 3000 sq . ft . two-story building with multiple retail -
and/or office uses , 1500 total floor.. are.a on each floor of
which 130.0. maximum is for office. or retail sales area . The
total office area proposed for -the existing 1 -story frame
structure is 700 sq . ft . The setbacks of the new building
will be a minimum of 55 feet from each property line along
the .-Main Road and Ackerly Pond Lane . The number of parking
spaces provided for these uses -is 34 , and the entrance and
exit driveways will be only along Ackerly Pond Lane (a/k/a
Lower Road ) , and not along the Main Road. It is the
recommendation of this ..Board that the number of parking
spaces be increased to 42 , to provide parking for the
handicapped in addition to the regular parking .spaces required .
5 . Article VI , Section 100-62 , Subsection B , (and
Article V.II , Section 100-70 , Subsection A(1 ) [d] ) , requires
a minimum lot area of-one acre , or 43 , 560 sq .. ft , for a
"building or combination of buildings containing retail
stores , mercantile establishments , offices , banks and
financial institutions , commonly known as shopping centers . "
6 . It is noted that exiting off of Ackerly Pond Lane
onto the Main Road is very difficult .,and ._is partly due to
the angles of the highway- in both the east and we.st directions .
This board has recommended a "One-Way Street" at this inter-
section prohibiting exiting off the south end of Ackerly Pond
Lane to the Town Highway be.partment (see our letter dated.
October 29 , 1986 , and response to us dated November 14 , 1986 ) .
This board does not have jurisdiction over the town or state
roads in question , but wil.11 continue to urge "no exiting" at
this intersection .
7 . The amount of relief requested by this application
is 13 , 476 sq . ft . , or 30% of the requirements . It is the
opin.io.n of this board that the relief requested is not sub-
Southold Town Boar - if Appeals -6- February 5 , . 987 Regular Meeting
(Appeal No . 3552 - SENKO decision , continued : )
stantial under the circumstances . It is however the position
of this .board that limitations are necessary at this time
concerning the point, of access (only along Ackerly Pond
Lane as shown ) and for the number of, business uses and
occupancies . Any increase in the number of business uses
and occupancies would be prohibited without this variance .
In considering this appeal , the board also finds and
determines : (a ) that the variation is not substantial in
relation to the requirements ; (b ) there will be no effect ,
if.-the variance is allowed, of increased population density;
(c ) there will be no, substantial change .n the character of
the neighborhood or substantial detriment to adjoining proper-
ties ; _(d ) the difficulty cannot be obviated 'by. a method __-
other than a variance ; (e ) the circumstances of the property
are unique ; (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 allowing a
variance as conditionally noted below .
Accordingly , on motion by Mr . Goehringer , seconded
by Mr . Grigonis , .,,it was
RESOLVED , to 'GRANT a variance for permission to
establish multiple uses - on this 30 ,0'8.4 sq . ft . parcel in
this " B-l " General Business Zoning Distri_ct.__under Appeal
No . 3552 in the Matter of the Application of JOHN 'SENKO ,
permitting the construction of a _ 3 ,000 sq . ft.. two-.story
building as shown on Site Plan dated August 11 , 1986 _
prepared by Garrett A. Strang , Architect , _ for- . a .maximum
of five office or retail use.s_, SUBJECT TO 'THE FOLLOWING
CO_NDITIONS;.;
1 . No access shall be permitted along Route 25 .
Egress .a.nd ingress shall__ be only along Ac_ker_ly Pond Lane
(not closer than 120 .feet from.._the _ corner) . .Such egress
and ingress must be wide enough to be suitable for truck
deliveries , etc .
2 . All existing signs (affixed to building , etc.. )
shall be removed . Only one wall. sign and only on-e ground
sign. shall be permitted. on the entire premises (as
regulated .by Section IO_, ) .
3 . Minimum 12 " by 24" sign shall be placed upon
the premises along the southerly area-.near th-e Main -Road
to read NO PARKING . "
4. Evergreen screening (shrubbery ) shall be placed
upon the premises along the southerly area near the Main
Road , commencing at the southwest corner and extending a
distance of 100 feet , at a minimum height of three feet .
Southold Town Board of Appeals -7- February 5 , 1987 . Regular Meeting
(Appeal No . 3552 - SENKO decision , continued : )
Such screening shall be maintained at all times .
5 . Site Plan approval by the Planning Board (with
recommended 42 parking spaces ) , which must include the
following as regulated. by Section 100- 112 ( K) E1 . & 2] of
the_ Zoning Code
Screening from adjoining residential lot
with a substantial wall , fence or. thick, hedge , not less
than three feet nor more than eight feet in height . _
6 . Not more than one professional or business office
in the existing 12-story frame building,. and no retail ,.
unless application for re-consideration_ is filed and
approved by both the. Planning Board and the_ Bo_ard of Appeals .
7 . Not more than five office or retail uses in the
proposed 3 ,000 sq . ft . building.,. unless an application for
re-consideration i,s filed and approved 'by both-the Planning
Board and Board of Appeals .
8 . Any future expansion and new construction must be
approved by the. Board of Appeals and the Planning Board 'by
formal application (prior to expansion or- construction ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki .._ This resolution was duly adopted .
Southold Town Board of Appeals -8 February 5 , '1987 Regular Meeting
PENDING DECISION : Appeal No . 3461 :
Application of HELMUT HASS . Variances to the Zoning Ordinance ,
Article VII , Sections : 1 100-71 , Bulk Schedule , for insufficient
lot area and lot width ; . (2 ) 100-70 (A) establishing existing resi -
dential use as principal use of proposed southerly parcel ; (3 )
100-70 (A) and 100-71 for approval of insufficient livable- floor
area in the existing dwelling of proposed northerly parcel . Zoning
District : 35350 County Road 48 , Peconic , NY ; County Tax Map
Parcel No . 1000-69-04-2 . 1 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 ,
1987 in the Matter of the Application of HELMUT HASS under Appeal
No . 3461 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is located along the south side of
Middle Road (a/k/a C. R. 48 ) , Peconic , NY , having a total area of
49 ,709 sq . ft . and 100 ft . lot width .
2 . The subject premises is identified on the Suffolk County
Tax Maps as District 1000 , Section 69 , Block 4 , Lot 2 . 1 , and is
located in the " B- l " General Business Zoning District .
3 . By this application , appellant requests variances from the
Provisions of Article VII , Section : (a ) 100-71 , Bulk Schedule , for
insufficient lot area of proposed Parcel #1 of 20 ,774 sq . ft . and
Parcel #2 of 28 , 935 sq . ft . , and insufficient lot width of 100 feet ;
(b ) 100-70 (A) continuing established residential use as principal
use [in the existing two- story building] southerly Parcel (#1 ) ; (c )
100-70 (A) and 100-71 continuing established residential use in existing
r
Southold Town Board of Appeals -9- February 5 , 1987 Regular Meeting
(Appeal No . 3461 - HASS decision , continued : )
one-story building which also has an insufficient livable floor
area of 774± sq . ft .
4. Article VII , Sections 100-71 and 100-70 of the Zoning
Code require a minimum of 30 ,000 sq . ft of lot area and 150 ft.
lot width , per parcel , in this " B- l " General Business Zoning
District . The lowest allowable livable floor area in the "A"
District is 850 sq . ft . The percentages of relief requested
are : (a ) 1 ,065 sq . ft . and 9 ,226 sq . ft . , or . 035% and 31 %
as to lot area ; (b) the lot width is preexisting ; (c ) the
insufficient livable floor area is preexisting.
5 . It is noted for the record that : (a ) by letter dated
November 24 , 1986 , the Suffolk County Department of Health
Services waived Article 6 Review ; (b ) the Planning Board by
letter dated March 26 , 1986 recommended approval . .
6 . It is the opinion of this Board that there will be
no increase in density since the property is developed , - and
the variances requested are the minimal necessary under the cir-
cumstances .
In considering this appeal , the board also finds and
determines : (a ) that the percentages of relief requested are
not substantial ; (b ) the circumstances are unique since the
premises is developed ; (c ) there will not be a substantial
change in the character of the neighborhood since the variance
will not create any increase in density ; (d ) there is no
other method feasible for appellant to pursue other than a
variance ; (e ) that in view o,.f 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. Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , to approve the variances requested and as
more particularly shown by survey map amended December 29 ,
1986 , prepared by Roderick VanTuyl , P . C . , SUBJECT TO THE
FOLLOWING CONDITIONS:
1 . Lot areas of each parcel #1 and #2 not be further
reduced or changed in any manner (no lot- line changes or
area adjustments ) ;
2 . Conveyance in legal form must be recorded in the
Suffolk County Clerk ' s Office after receiving appropriate
Town , County and other agency approvals , within two years
'Southold Town Board of Appeals -10- February 5 , 1987 Regular Meeting
(Appeal No . 3461 - HASS decision , continued : )
from the date hereof (copies of the deeds or other legal
form of conveyance to be furnished -to ' the Office of the.
Board of Appeals and the Planning Board ) .
3 . Planning Board final approval ;
4 . Referral by the Board of Appeals to the Suffolk
County Department of Planning in accordance with the require-
ments of the Suffolk County Charter , Sections 1323 , et .seq .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
PENDING DECISION : Appl . No . 3572-SE :
Application of MICHAEL AND JOYCE MATTES for a Special Exception to
the Zoning Ordinance ; Article III ,._ Section 100-.30 ( B) [16] for permission
to establish "Bed and Breakfast Use , " "an owner-occupied building ,
other than a hotel , where lodging and breakfast_. is provided for not
more than six casual ,, transient roomers , and renting of not more than
three rooms . Location of Property : 50 Luthers Road , Mattituck , NY;
County Tax Map District 1000 , _ Section 113 , Block 03 , . Lot 7 .
Following deliberations , the board took the following action :
WHEREAS., public hearings were held on November 20 , 1986 , Decem-
ber 11 , 1986 , January 8 , 1987 , in the Matter of the Application of
MICHAEL AND JOYCE MATTES under Application No . 3572 ; a,nd
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:
Southold Town Board of Appeals - 11 - February 5 , 1987 Regular Meeting
(Appl . No . 3572-SE - MATTES decision , continued : )
1 . By this application , applicants request a Special Exception
under the Provisions of Article III , Section 100-30 ( B) [16] of the _
Zoning Code for a " Bed. and Breakfast" establishment , with owner-
occupancy , for rental of three bedrooms to not more than six casual ,
transient roomers in an .existing residence . _
2 . The premises in question is a 1 . 676± parcel located along
the east side - of Breakwater or Luther_s Road , Mattituck , more parti -
cularly identified on the Suffolk County Tax Maps as District_, 1000 ,.
Section 113 , Block 3 , Lot 7 . 2 , and referred to as Lot No . 1 , M_i_nor
Subdivision Map #149 of. Arlene Marvin .. . _
3. The subject premises is located in the "A-80 ". Residential
and Agricultural Zoning District and is improved witha two-story ,
two-family dwelling and, accessory metal storage shed .
4. For the record , it is noted that a Certificate of Occu-
pancy No . . Z-9306 dated November 17 , 1978 was issued to Mr.. and
Mrs . Edgar Marvin for a "Nonconforming Two- Family Dwelling"
preexisting of the enactment of zoning (April 23 , 1957 ) .
5 . The proposed parking area is shown at the most north-
easterly section of the premises , with access from Luthers Road .
6 . Extending along the northerly property line of the
applicants ' property.. is an existing right-of-way . as shown by
Subdivision Map #149 of Arlene Marvin to Lots 2., 3 and 3. It
is the position of this board that access to the " Bed and
Breakfast" establishment must be directly over the lands of
the applicant , from Luthers Road , and the parking area must
be suitably screened from adjoining lands .
7 . It is the understanding of this board that the applicants
propose to discontinue the use of the existing dwelling as a
two-family use , and to establish the " Bed and. Br.eakfast'.'. use
accessory. to a single-family- dwelling use . The single-family
use of the dwelling. structure will be occupied by the owners,__.,
thereof.
8 . Article III , Section 100-30 (B) , subsection [16] makes
exception for site-plan approval and reviews by the Planning
Board for this use .
`" In considering this application , the board also finds and
Southold Town Board of Appeals -12- February 5 , 1987 Regular Meeting
(Appl . No . 3572-SE - MATTES decision , continued : )
determines : (1 ) the proposed 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 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 . Gri.gonis , _ it was
RESOLVED , to GRANT a Special Exception for a Bed and Break-
fast in accordance with the requirements of Article III , Section
100-30 (B) [161 of the Zoning Code as applied in the Matter of
the Application- of MICHAEL.. AND JOYCE MATTES under No . 3572 ,
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
shall be permitted only while the . dwelling is the .permanent
residence -of the property owner (not to be operated while the
dwelling is - rented or vacated ) .
3 . Ingress and egress by Bed and Breakfast roomers shall
be from Breakwater (Luthers ) .Road , and a .driveway area for such
access shall be provided from Breakwater Road over lands of the
applicants herein to the on-site parking area a distance at
least 15 feet away from the northerly property line or right-of-way ,
whichever is closer .
4. Minimum of five on-site parking spaces at the east side
area of the dwelling screened along the north and east sides thereof
with shrubbery a minimum height _of___.three feet and maximum height of
62 feet , continuously maintained at all times .
5 . Compliance with the N . Y . S . Construction and other applicable
codes . _ _
6 . This Bed and Breakfast Use shal-1 be deemed accessory to the
main single-family dwelling use and not--..a principal use at any time .
Southold Town Board of Appeals -13- February 5 , 1987 Regular Meeting
(Appl . No . 3572-SE - MATTES decision , continued : )
7 . This approval is subject to the requirements of Subsection
16 of Article III , Section 100-30 ( B) of the Zoning Code , for the
renting of not more than three bedrooms for up to . six , casual
transient roomers .
8 . The premises shall be limited to one single- family dwelling
use with accessory "Bed a-nd Breakfast Use . "
- 9. Covenants and restrictions containing the above restrictions
shall be recorded in proper form in the Office of the Suffolk County
Clerk , and a copy thereof shall be furnished to the Board of Appeals .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted ._by unanimous
vote..
Southold Town Board of Appeals -14- February 5 , 1987 Regular Meeting
PENDING DECISION : Appl. . - No . 3584-SE :
Application of DONALD AND JOANNE RITTER for a Special Exception to
the Zoning Ordinance , , Article III , Section 100-30 (B) (100-31 ) for per-
mission to convert existing one-family dwelling to a two-family dwelling.
Location of Property : 2585 Peconic Lane , Peconic , NY ; County _Tax Map
Parcel No . 1000-74-03-20 . _
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 ,
1987 in the Matter of the Special Exception Appli_cat.ion under No . 3584
for DONALD AND JOANNE RITTER; 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 in the "A" Residential
and Agricultural Zoning District , is situated along the west side of
Peconic Lane , in the Hamlet of Peconic , Town of -Southold , and is more
particularly identified on the Suffolk County Tax Maps as District
1000 , Section 74 , Block 3 , Lot 20 .
2 . The subject premises contains a total area of 11 ,000 sq . ft.
and frontage (lot width ) of 50 feet and is improved with the following
structures as depicted by survey revised November 14 , 1986 , prepared
by Roderick VanTuyl , P. C : (a ) 22-story , single-family dwelling
structure set back 23 ft . from the front property line , and (b )
accessory garage of a size 20 ' by 20 ' located in -the rearyard area .
3 . By this application , appellants request a Special Exception
under Article III , Section 100-30_(.B) ,_ subsection (1 ) of the Zoning
Code for permission to establish a two-family dwelling use in the
existing single-family dwelling .
Southold Town Board of Appeals -15- February 5 , 1987 Regular Meeting
(Appl . No . 3584-SE - RITTER decision , continued : )
4. Column A- 180 of the Bulk and Parking Schedule , and
Article III , .Section 100-30 (B) [1 ] permits a two-family dwelling
by Special Exception , subject to site plan approval by the
Planning Board , and a minimum lot area-of 160 ,000 sq . ft. ,
minimum lot width of 270 feet , and minimum lot depth of 250
feet .
It is the position of this board that this application
as requested for Special Exception use must be denied since
this proposal _. is not in,._accordance with all the requirements
of the zoning code , particularly the lot area , width and depth
requirements . Accordingly , this_ Board is. without authority _.
to grant this application .
NOW, THEREFORE , on motion by Mr . Goehringer , seconded by
Mr . Douglass , it -was
RESOLVED , that a Special Exception for two- family use
in existing dwelling be and hereby i.s DENIED as applied under
Application No . 3584 in the Matter of DONALD AND JOANNE RITTER.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis-,
Doyen , Douglass and Sawicki ._ This resolution was. duly adopted.
PENDING DECISION : Appeal No . 3594 :
Application of ANNE C. MASON for a Variance to the Zoning Ordinance ,
Article _ XI , Section 100-119. 2 for permission to construct deck. addition
to existing dwelling., with an insufficient setback from tidal wetland
area at premises known as 1250 Lupton Point , Mattituck , NY ; District
1000 , Section 115 , Block 11 , Lot 1. 2 .
Following deliberations , the board took the following action :
WHEREAS , public hearings were held on October 2 , 1986 , Octo-
ber 22 , 1986 , November 20 , 1986 , December 11 , 1986 , and concluded
on January 8 , 1987 , in the Matter of the Application of JOHN .
SENKO under Appeal No . 3552 ; 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
Southold Town Board of Appeals -16- February 5 , 1987 Regular Meeting
(Appeal No . 3594 - MASON decision , continued : )
WHEREAS , the board made the following findings of fact :
1 . By this application , appellant requests a Variance from the
Provisions of Article XI , Section 100-119. 2 for permission to con-
struct a 16 ' by 33 ' deck addition along the rear of the existing
dwelling as sketched on copy of survey submitted under this appli -
cation .
2 . The premises in question is a described parcel containing
a total.. area of one-half acre with lot width (frontage ) of 100
feet along the south side of private right-of-way (which extends
off the east side of Marratooka Road ) , and is more particularly
identified on the Suffolk County Tax Maps as District 1000 , Section
115 , Block 11 , Lot 12 .
3. The subject premises is improved with the following
structures : (a ) one single-family 12-story frame dwelling set
back 96± feet from the front property line and 66± feet to the
existing bulkhead ; (b) accessory 18 ' by 24' garage located in
the frontyard area.
4. Article XI , Section 100- 119. 2 , subparagraph (B) requires
all buildings and structures located on lots adjacent to tidal
water bodies other than the Long Island Sound to be set back not
less than seventy-five (75 ) feet from the ordinary highwater mark
of such tidal water body , or .not less than seventy- five feet
from the landward edge of the tidal wetland , whichever is the
greater distance .
5 . The addition as proposed would leave an insufficient
setback of not less than 50 feet from the existing bulkhead
and 67± feet from the ordinary highwater mark along Deep Hole
Creek . The percentage of rel ief requested is 33%-of the require-
ments . It has been found , however , that the area of the proposed
construction is landward of an existing cement-structural wall .
Each of the neighboring properties have attached decks with set-
backs of 55 to 60 feet from the highwater mark .
6 . It is further noted for the record that a conditional
waiver was granted by the Southold Town Trustees September 25 ,
1986 .
In considering this appeal , the board also finds and
determines : (a ) that the project as proposed is not out of
character with the immediate neighborhood along this area ;
(b ) the relief requested is not substantial in relation to
t .
Southold Town Board of Appeals -17- February 5 , 1987 Regular Meeting
(Appeal No . 3594 - MASON decision , continued : )
existing construction ; (c ) the circumstances of the land are
unique ; _ (d ) the variance will not in turn be adverse to the
safety , health , welfare , comfort , convenience or order of the
town ; (e ) _there is no other method feasible for appellant
to pursue other than a variance ; (f) there will be no sub-
stantial detriment to adjoining properties ; (g ) 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 . Sawicki , seconded by
Mr . Douglass , i.t was
RESOLVED , to GRANT a Variance from the Provisions of
Article XI , Section 100- 119. 2 (B) of .,the Zoning Code as
applied in the Matter. of Appeal No . 3594 for ANNE C . MASON ,
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The deck addition not exceed 16 ' by 33 ' as' requested ;
2 . The deck addition not be roofed ;
3 . Proper building permit and start of construction
within two years hereof.. _In the event a building permit has
not been issued and construction commenced within two years ,
this variance will automatically become null and void . -
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki.. This resolution was duly adopted .
Southold Town Board of Appeals -18- February 5 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3591 :
Application of PAUL AND BARBARA STOUTENBURGH for a Variance to the
Zoning -Ordinance , Article III , Section 100-32 for permission to locate
accessory windmill tower in excess of maximum-permitted 18 ft . height
requirement , at 4015 Skunk Lane , Cutchogue , NY ; County Tax Map Parcel
No . 100.0-98-1 -6 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 , 1987 ,
in the Matter of the Application of PAUL AND BARBARA STOUTENBURGH under
Appeal No . 3591 ; 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 situated along the east side
of a private right-of-way extending off the east side of Skunk
Lane (a/k/a Bay Avenue ) , Cutchogue , and is :located in the "A-80 "
Residential and Agricultural Zoning District .
2 . The subject premises is a described.,parcel containing
an area of 2 . 431 acres and is identified on the,. Suffolk County
Tax . Maps as District 1000 , Section 98 , Block- 1 , Lot 6 .
3 . By this application , appellants request permission to
erect a private accessory wind tower at a total height of 72±
feet . The setback requested from the north and east property
lines is 30 feet each .
4. Article III , Section 100-32 of the Zoning Code permits
accessory structures in the rearyard not exceeding 18 feet in
hei ght .
5 . It is the opinion of this board that relief is necessary
for the additional height over and above the normal 18-feet in
height required for the safe and efficient operation of the wind
tower . The use of this windmill will be always for private use
incidental to the residential and agricultural use of the premises
and will not be operated for gain .
Southold Town Board of Appeals -19- February 5 , 1987 Regular Meeting
(Appeal No . 3591 - STOUTENBURGH decision , continued : )
In considering this application , the board has determined:
(a ) the relief requested is .unique ; (b ) there will be no
substantial -change in the character of this district; (c) the
relief as granted will not cause a substantial effect or detri -
ment to adjoining properties since the structure will be located
a distance of more _..than 100 feet from any existing structures
(d ) there is no other method feasible for appellants to pursue
other than a variance ; (e ) th,e public health,.- welfare , and
safety of the town will not be affected if the relief is granted ;
(f) the. -spirit of the zoning ordinance will be observed by
allowi.ng the variance ; (g) -the relief requested is substa.n.tial
in- relation to the requirements ; �h )__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 permission BE AND HEREBY IS GRANTED in the
Matter of -the Application of PAUL AND BARBARA ..STO.UTENBURGH to
locate and erect a private accessory windmill - tower - for the
purposes of generating electricity accessory and incidental
to the permitted zoning uses of the premises in this "A-80".
Residential and Agricultural Zoning District , and not to be
operated for gain , at a maximum height of 80 feet , including
blades , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the total height of the wind tower , including
blades , shall not exceed 80. feet; _
2 . Two tiebacks (or stays ) be placed out one-third of
the distance , or 30 feet , with a cable satisfactory to
maintain the weight of the structure against...wind velocities ;
3 . Minimum setback from the north and east property
lines at 35 feet each .
4. Written property owner consent for this location
(abutting property owners. to the north and east , presently
Marco Farm) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass , Sawicki , and Doyen . This resolution was duly adopted .
Southold Town Board of Appeals -20- February 5 , 1987 Regular Meeting
PENDING DECISION : Appeal No . 3583 :
Application of FREDERICK AND HELEN HRIBOK for Variances : (1 )
III , Section 100-31 for insufficient southerly side yard and total ..
side yards , and (2 ) XI , Section 100- 119. 2 for insufficient setback
from existing bulkhead along Arshamomaque Pond , for this proposal to
construct garage addition to existing dwelling , at 90 Carole Road ,
Southold , NY ; County Tax Map Parcel No . 1000-52-2-4.
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 ,
1987 in the Matter of the Application -of FREDERICK AND HELEN HRIBOK
under Appeal No . 3583; 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 Variances from
the Zoning Code : (a ) Article III , Section 100-31 for insufficient
sideyard setback from the southerly property line. at 5 . 5 feet and
6 . 9 feet ; (b ) Article III , Section 1.00731 for insufficient total
sideyards at 11 . 6 feet ; (c ) insufficient setback from the exist-
ing bulkhead at 30 . 7 feet , as established , for the proposed
construction of a one-story 10 ' by 24 ' garage addition .
2 . The premises in question is a described parcel of land
located along the east side of a private road referred to as
"Carole Road , " Hamlet of Southold (at Arshamomaque ) , Town of
Southold , having a total lot area of . 125 of an acre and 50 . 00
ft . lot width , or frontage , along Carole Road and Arshamomaque
Pond .
3. The subject premises is located in the "A" Residential
and Agricultural Zoning District and is improved with a one-story
Southold Town Board of Appeals -21 - February 5 , 1987 Regular Meeting
(Appeal No . 3583 - HRIBOK decision , continued : )
frame , single- family dwelling of a size 28. 3 wide by 24 . 3 feet
deep . The .existing setbacks of _the dwelling are 4. 7 feet and
6 . 2 feet from the northerly side property line , 30 ..7 feet from
the bulkhead , 15 . 5 and 16 ...9 feet from the. southerly side
property line , and 44. 9 feet from the front property line , all
as shown on .survey dated November 6 , 1986 ,prepared by Peconic .
Surveyors and Engineers , P . C.
4 . Article III , Section 100-31 , Bulk Schedule of the Zoning
Code requires minimum sideyards_ at 15 and 10 feet , minimum total
si.d'eyards at 25 feet. The amount of .relief .re.quested from the
requirements as t.o sid'eyards is 10 ..feet .._(21 . 6 ft. to 11 . 6 ft. ) ,
and zero reduction in existing established setback from bulkhead
at 30 . 7 feet .
5 . It is the understanding of this board that the construc-
tion of this 10 ' addition will not violate any other provisions
of the zoning code , including the 20% lot . coverage limitation ,
and will be used only for storage and garage purposes .
In considering this appeal , the board also finds and deter-
mines : (a ) the relief requested is the minimal necessary under
the circumstances ; (b ) the circumstances of this property are
unique , particularly in view of its nonconforming lot area ,
width and depth ;_ _(c ) the relief requested. is substantial in
relation to the requirements ; (d ) there will be no substantial
change in the character of the area and the variance will not in
turn be adverse to the safety , health , welfare , comfort , .con-
venience or order of the town ; (e ) there will be no increase
in population density resulting from the grant of this variance ;
(f) i.n 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 . Goehringer , seconded by
Mr . Sawicki , it was
RESOLVED , to GRANT the relief requested in the Matter of
the Application of .Appeal No . 3583 by FREDERICK AND HELEN HRIBOK
to construct one-story 10 ' garage addition at the southerly side
of existing dwelling , SUBJECT TO THE FOLLOWING CONDITIONS ::
1 . There be no further sid.eyard reductions to less than the
requested at 5 . 5 and 6 . 9 at the south side , nor 6 . 2 and 4. 7 at
I
Southold Town Board of Appeals -22- Feb.ruary. 5,. 1987. Re.g,ular Meeting
(Appeal No . 3583 - HRIBOK decision , continued : )
the north side , (west/east corners respectively) .
2 . South sideyard area must remain open and unobstructed
at all times ;
3 . Compliance with the maximum-permitted 20% lot coverage
limitation of the Zoning Code (except by subsequent application
for consideration ) ;
4. Placement of two garage doors , one at the water side and
the other . at the road .side ;
5 . Balcony and construction of garage as shown on building-
construction plan filed under this application ;
6 . This variance shall automatically become null and void
in the event construction is not commenced within two.._ years
hereof , and after proper issuance of a building permit_.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass , and Sawicki . This resolution was duly adopted .
PENDING DECISION : Application No . 3585-SE .
Application of ALVIN AND PATRICIA COMBS for a Special Exception to
the Zoning Ordinance , Article III , Section 100-30 ( B) for permission to
establish " Bed and Breakfast Use , " an Owner-Occupied Building , other
than a hotel , where lodging and breakfast is provided for not more than
six casual , transient roomers , and renting of not more than three rooms . "
Location of Property : 2500 Peconic Lane , Peconic , NY ; County Tax Map
Parcel No . 1000-74-03-24 . 2 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 ,
1987 in the Matter of the Application of ALVIN AND PATRICIA COMBS
under Application No . 3585 ; 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 :
Southold Town Board of Appeals -23- February 5 , 1987 Regular Meeting
(Appl . No . 3585-SE - COMBS decision , continued : )
1 . By this application , applicants request a Special Exception
for a "Bed and Breakfast" establishment , with owner-occupancy ,
for the rental of two bedrooms for lodging and serving of break-
fast to not more than five 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 containing
a total lot area of 43 ,560± sq . ft. with 150-ft . frontage along
the east. side of Peconic Lane, Peconic , and is more particularly
identified on the__ Suffolk County Tax Maps as District 1000 ,
Section 74 , Block 3 , Lot 24. 2 .
3 . The subject premises is located in the "A-80 " Residential
and Agricultural Zoning District and is improved with a 22-story ,
single-family dwelling and accessory building .
4. For the record , it is noted that Certificate of
Occupancy No . Z7869 dated September 1 , 1977 has been issued
for private single-family use of the premises .
5 . The parking area is proposed along the south side-
yard area as shown by sketch submitted with this application
for a minimum of four vehicles .
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 ) 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
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 . Grigonis , seconded by
Mr . Goehringer , it was
RESOLVED , to GRANT a Special Exception for a Bed and
Breakfast in accordance with the requirements of Article III ,
Southold Town Board of Appeals -24- February 5 , iv87 Regular Meeting
(Appeal No . 3585-SE - COMBS decision , continued : )
Section 100-30 ( B ) [16] of the Zoning Code as applied in the
Matter of the Application of ALVIN AND PATRICIA COMBS under
No . 3585 , 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-fam fly use of the premises , with owner occupancy ,
and shall be permitted only while the dwelling is the _
permanent residence of th_e_ property owner-, (not to be
operated while the dwelling is rented or vacated) .
3 . This Special Exception shall be for the renting
of not more than two rooms and not more than five casual and
transient roomers , as applied , and in accordance with the
requirements of Article III , Section 100-30 ( B) [16] of the
Zoning Code ;
4. Existing screening shall be maintained at all times
along the south property line , or , new screening at a
minimum height of three feet for a distance of 75 feet
shall be planted around the east end of the proposed parking area ;
5 . Minimum of four on- site parking spaces , as proposed .
6 . Compliance with the N . Y . S . Construction and other
applicable codes ;
7 . This Bed and Breakfast Use shall not be deemed a
principal use at any time .
8. Covenants and restrictions containing the above
restrictions shall be recorded in proper 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 .
Southold Town Board of Appeals -25- February 5 , 1987 Regular Meeting
PENDING DECISION : Appl . No . 3585 :
Application of MARY J . MOONEY=GETOFF. Special Exception to the Zoning
Ordinance , Article III ,-_ Section 100-30 .B for_ permission to establish " Bed
and Breakfast Use , an Owner-Occupied Building , other than a hotel., where
lodging and breakfast is provided for not more than six casual , transient
roomers , and renting of not more than three rooms ." Location - of Property :
1475 Waterview Drive , Southold , NY; County Tax Map- Parcel No . 1.000-78-007-
20 .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on January 8 ,
1987 in the Matter .of the Application . of MARY� MOONEY=:GETOFF under.
Application No . 3585 ; 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 break-
fast 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 containing
a total area of 6 . 8± acres with frontage of 50 feet along Water-
view Drive and 273 . 12 feet along the west side of Cedar Avenue ,
So.uthold:,. a.nd- is more particularly identified on the Suffolk
County Tax Maps as District 1000 , Section 78 , Block 7 , Lot 20 .
3. The subject premises is located in the "A-80" Residential
and Agricultural Zoning District and is improved with a single-
family dwelling structure and accessory shed .
Southold Town Board of Appeals -26- February 5 , 1987 Regular Meeting
(Appl . No . 3585SE - MOONEY-GETOFF decision , continued : )
4. The parking area is proposed along the north and east yard
areas as shown by sketch submitted with this application for a
minimum of nine vehicles .
5 . Article III , Section 100-30 (B) [16] makes exception for
site-plan approval /reviews by the Planning Board for this Bed
and Breakfast Use .
6 . Applicant has requested the conversion of four bedrooms
total for lodging , with the option to alternate one. single room
fora double room , as needed ._. This Special Exception shall not
include approval of a fourth bedroom for lodging.
In considering this application , the board also finds and
determines : (1 ) 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 for a Bed and
Breakfast in accordance with the. requirements of Article III ,
Section 100-30 (B) [16] of the Zoning Code under Application
No . 3588 in the Matter of 'MARY M00NEY-GETOFF , SUBJECT TO THE
FOLLOWING CONDITIONS :
I . 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 incidental and
subordinate to the principal single-family use of the existing
dwelling , with owner occupancy , and shall be permitted 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
Southold Town Board of Appeals -27- February 5 , 1987 Regular Meeting
(Appl . No . 3585SE - MOONEY-GETOFF decision , continued : )
not more than three bedrooms for lodging and serving of breakfast
to not more than six casual and transient roomers , in accordance
with the requirements of Article III , Section 100-30 ( B) [T6] of the
Zoning Code . (Rental of a fourth or more bedrooms is not
authorized under this Special Exception . )
4. Minimum of five on-site parking spaces , as proposed on
the sketch submitted under this application ;
5 . Screening at a minimum height of three feet maintained
continuously alon_.g the east side of the _proposed.. parking area
a length of 100± feet , starting at line with the front (south )
side of dwel_1ing._.
6 . Compliance with the N . Y . S . Construction and other
applicable codes ;
7 . This Bed and Breakfast Use shall not be deemed a
principal use at any time .
8 . Covenants and restrictions containing the above res-
trictions shall be recorded in proper 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.
ENVIRON.M.E.NTAL DECLARATIONS (SEQRA) :
After review of each of ,the following matters , the board
took the f,o,l l owi ng actions :_
On motion by Mr . Goehringer ; seconded by Mr . Douglass ,
it was
RESOLVED , to declare the following Environmental Declara-
tions 1K.-..'accordance with the N . Y . S ._ Envi ornmental Quality..
Review Act (SEQRA) , Section 617._, 6 NYCRR and Chapter 44 of
the Code of the Town of Southold :
(a ) Appeal No . 3599 - SAMUEL COHEN (Type II ) ;
(b) Appeal No . 3598 - DANIEL AND IRENE McKASTY (Type II ) ;
(c ) Appeal No . 3604 - ROBERT AND EILEEN VILLANI (Unlisted ) ;
(d ) Appl . No . 3596SE - TARTAN OIL_ CORP . (Unlisted ) :
(e ) Appeal No . 3595 - DONALD J . GRIM (Type II ) ;
(f). Ap.peal No . 3462 - H'ERBERT MANDEL (Type II ) ;
(.g ) Ap-peal No . ' 3590 .- THOMAS & C . ZIMMERMAN (Unlisted );
(h ) Appl ... No . 3597SE - ROBERT & HELEN DIER (Unlisted ) ;
(i ) Appeal No . 3601 - MARGARET & JOSEPH BEST (Type II ) ;
Southold Town Board-f Appeals . -28- Feb. ry 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
(a )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3599
PROJECT NAME: SAMUEL COHEN
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- garage in the front and side
yard: area
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Indian Neck Rd. , Peconic, ICY 98-5-18
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 landward of existing structures
Southold Town Board ?f Appeals -29- rebr»a,ry 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
(b)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3598
PROJECT NAME: DANIEL AND 'I'REN'E' McKASTY
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: • [X] Type II [ j Unlisted [ ]
DESCRIPTION OF ACTION: Construct swimmingpool with fence "and
cabana within 75 ' of exisiting bulkhead
LOCATION OF PROJECT: Town of -.Southold, County of, Suf£olk, more
particularly known as: Main Rd. ; East Marion, NY -31-14-12.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated -by
Section 617 :13, 6 NYCRR,.. SEQRA
(3) Construction proposed is landward of existing structures
Southold Town Board of ,appeals -30- Febr-ary 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
(C NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of N'on-Significance
i
APPEAL NO. : 3604
PROJECT NAME: ROBERT AND EILEEN VILLANI
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 determinationemade for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: ["j Type II [g] Unlisted [ ]
DESCRIPTION OF ACTION: 280-A Approval of access.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Indian Neck Rd. , Peconic, ICY 86-6-30 -& 10
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 anappplication concerning use over an existing traveled
right-of-way and for requirements satisfactory for emergency access.
r
Southold Town Board of 1ppeals . -31- February 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
(d ) Notice of Determination of Non-Significance
APPEAL NO. : 3596SE
PROJECT NAME: TARTAN OIL CORD,
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: Establish' a partial self=service -gas station
in_.conjunction with full-service gas station.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 32400 C.R. 48, Peconic, NY 74-4-7 ..1 (6 & 7)
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the ..environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet. of
tidal wetlands or other critical environmental area.
C31 This is an application concerning use of premises and is not
directly related to new construction. ,
Southold Town Board ^f Appeals -32- Feb, iry 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
(e ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
ti
APPEAL NO. : 3595
PROJECT NAME: DONALD GRIM
i
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 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: Construct"two-story building for -of-fice use
with. insufficient front yard setback
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Oregon Rd, Cutchogue, NY 83-03-p/9 4 .4
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 a setback variance regulated as provided
in Section 617 . 13 of the State Environmental Qualij4y REview -Act, 6 NYCRR.
(3) The property in _.question is not located within 300 feet of
tidal wetlands or other critical environmental area.
Southold Town Board of Appeals -33- Feb-,--�ry 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
(f) NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
i
APPEAL NO. : 3462
PROJECT NAME: HERB'ERT MAN'D'EL
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 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: Area Variances for proposed three-lot
minor subdivision
LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more
particularly known as: 9355 Main Rd. , East Marion,_ NY 31-03-11. 25
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the .short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
(3) The relief _reque..sted is not directly related to new construction
being a lot line or area variance as regulated by Section 6117 . 13 of
the S.E.Q.R.A.
Southold Town Board ^f Appeals -34- Feb-----�ry 5, 1987 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
(g } .. NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of N'on-Significance
i
APPEAL NO. : 3590
PROJECT NAME: THOMAS AND CATHERINE ZIMMERMAN ---
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 [g ] Unlisted [ ]
DESCRIPTION OF ACTION: Cons truct..'addition, to' existing nonconforming
structure which exceeds 50% of fair value
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 265 Rochelle Place•, Mattituck, NY 144-04-09 & 08
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 enviromental area.
(3) This project will not create any increase' in density since
the premises are developed.
Southold Town Board of Appeals . -35- rebruary 5, 1987 Regular Meeting '
(Environmental Declarations, continued: )
S.E.Q.R.A.
(h)> NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-_
Significance
APPEAL NO. : 3597
PROJECT NAME: + 'ROB'ERT 'AND BEL'EN' 'D'I'E'R
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [_"] Type II [XI Unlisted [ ]
DESCRIPTION OF ACTION:Establish—accessory apartment in existing
garage.-
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly knpwn as: 355 Terry Lane, 'S.outhold, _ NY 65-07720
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effect:: to
the: environment are likely to occur should :this project be imple-
mented as planned;
(2) This is. an application concerning use of . the premises which
is not directly related to new construction.
a '
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Southold Town Board Appeals!i; -36- Februar` , 1987 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
(� ) Notice of Determination of Non-Significance
APPEAL NO. : 3601
PROJECT NAME: ' M RGA'RET 'AND' 'JO'S'EP'H 'BEST
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination -made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct addition at southerly side of
existing dwelling with insufficient setback from bulkhead along tidal
water area.
LOCATION OF PROJECT: Town of Southold, County of; Suffolk, more
particularly known as: Camp Mineola Rd. ,...Mattituck, NY 123-06-17
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) The relied requested is a setback variance regulated as provided
in Section 617 .13 of- the State Environmental Quality Review Act, 6 NYCRR.
- (3) Reviews and action have been finalized by the N.Y.S. Department
of Environmental Conservation.
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen ,
Douglass and Sawicki . This resolution was duly adopted .
Southold Town Board of Appeals -37- February 5 , 1987 Regular Meeting
UPDATE : Appeal No . 3605 : TED DOWD (280-b) . In reviewing
the pending application of Mr. Dowd for approval of access , the
following additional information was requested :
(a ) copies of documents filed with the County Clerk at
Liber 2210 page 392 j
Liber 546 page 416
Liber 8541 page 192 , as per title report submitted .
(b ) any other documentation or maps showing the legal width ,
traveled width , meandering of property lines , etc . for the part
of the right-of-way over which 280-a is requested [i . e . , surveys
N . Y . Telephone Co . pole surveys , etc . ] .
UPDATE : New Application No . 3608 - RICHARD F . MULLEN , JR.
The Board reviewed this new application for a variance for
parking of employees of Mullen Motors in this "A" Zone , and
indicated that upon receipt of input from the Planning Board
by our advertising deadline ( February 24th ) , this matter shall
be permitted to be scheduled and advertised for public hearing
for March 5 , 1987 .
UPDATE : New Application No . 3616 - FLINT ST. CORP . and
RIVER CIRCLE CORP . The Board reviewed the new file and deter-
mined same incomplete at this time for the following reasons : j
(a ) lack of a Notice of Disapproval from the Building
Inspector ;
(b ) input from the Planning Board .
Upon receipt of the above items , this matter would be placed on
our calendar for the latter March Regular Meeting date .
Southold Town Board of Appeals -38- February. 5 , 1987 Regular Meeting
CORRES.P.OND.ENCE : Appeal No . 3575 - ROSA G . HODGSON . Written
request in- the form of an Affidavit was received -.January 29 , 1987
from Mr . Harold. W. Conroy concerning the pending application of
ROSA G . HODSON , requesting a public hearing date subsequent to
April 7th since Mr . Hodgson will be absent from Town until that
time . The Board was advised that the Hodgson .file is incomplete
pending additional information , which has not yet been received .
The public hearing on this matter will hot - beheld before April 7th ,
as requested .
UPDATE : Appeal No . 3607 - JAMES P . O ' NEILL AND P . J . McSHERRY .
Variance for insufficient area , width and depth . Wiggins and
Eighth Streets , Greenport . The Board indicated that this matter
was not ready for public hearing , pending 'receipt of the following
by our advertising deadline :
(a ) Planning Board input on the subdivision elements and
general layout ;
(b ) County Health , Article 6 , Realty ; Development reviews and
action .
UPDATE : Appeal No . 3609 : GULL POND DAWN CORP . Filed 1 /21 /87 .
Variance for insufficient setback from bulkhead at Dawn Lagoon ,
Dawn Drive , Cleaves Point , Section Three , Lot 70; Greenport.
The Board indicated that upon receipt of action from the Town
Trustees and N . Y . S . Department of Environmental Conservation ,
this matter would be scheduled for a public hearing .
UPDATE : Appeal No . 3606 : J . GEDDES PARSONS. Variance to
locate new dwelling with insufficient setback from wetland or
bank area , West Harbor , Fishers Island . This matter would be
scheduled by the Board for public hearing following field
inspections and action by the Southold Town Trustees concerning
a wetlands permit application . Member Douglass indicated he
would return next week to further review the matter.
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Southold Town Board of Appeals -39- February 5 , 1987 Regular Meeting
UPDATE : Other Matters Pending Publicl; Hearings (awaiting
additional information as noted below) :.
Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to
establish four two-story motel buildings containing 10 motel units
for transient use , and an office building of 2 ,500 sq . ft . in area
on this 3. 721 -acre parcel , zoned "B-Light Business . " S/s Main
Road , Greenport (along the east side of 7zll ) . **Recessed hearing
from 8/23/84 awaiting Village of Greenport contracts to which
this plan is contingent upon before action can be taken .
Appeal No . 3558 - NICK AND ANNA PALEOS . Variance for
insufficient area , width and depth three proposed lots ) . S/s
C. R. 48 , Peconic (formerly Hass ) . Await Art . 6 Subdivision
Action before advertising. ( P . B . review 10/6/86 ) . H . Raynor , Agent .
Appeal No . 3561 - DOROTHY L : , ROBERTSON . Variance for
insufficient area , _width and _depth two lots ) . S/s Northview Drive ,
Orient . Await Art . 6 Action before advertising . R. Bruer , Esq .
Appeal No . 3581 - GEORGE DAMIEN . Jackson St . , New Suffolk.
Variances for insufficient area , width , depth . Await Art . 6
Action per Co . Health Dept . communications .
Appeal No . 3298 - C & L REALTY/PORT OF EGYPT. Variance to
construct 40-unit motel on insufficient buildable upland of 4. 83
acres and having insufficient sideyards . S/s Main Road (prev .
Southold Fishing Station/Morris ) , Southold . (**Await corrected
site plans , topographical survey including' lowest floor elevations
above mean sea level , Health Department approvals , N . Y . S . D . E . C .
action , comments or input from Planning Board after review of
site plan . ) 10/9/84
Appeal No . 3183 - MARY N . CODE . Smith Drive North , Southold .
Proposed reseparation of lots . Await DEC and Planning Board
applications to be filed for coordination/action .
Appeal No . 3274 - BEST, SCHMITT , SYVERSON. Variances for
insufficient area , width in proposed division of land . ROW off
E/s Camp Mineola Road , along Great Peconic 'iBay , 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 .
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Southold Town Board of Appeals -40- February 5 , 1987 Regular Meeting
( UPDATE , continued : )
Appeal No . 3439 - ARNOLD AND KAREN BL'AIR. 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 a_nd N/s Bayview Road , Southold . (**Await Art . 6 action
and copy of C . O . Paul Caminiti , Esq .
Appeal No . 3449 - FRANK AND ETHEL BEGORA. Variances for
insufficient area , width and depth in this pending division
(three parcels ) . N/s Main Road , East Marion . (**Await Co .
Health Art . VI action , corrected maps to show third parcel ,
and P . B . application/comments after submission of maps . )
P . Caminiti , Esq .
Appeal No . 3403 - ANNA LORIA. Variances for approval of
two parcels having insufficient area , width and depth in this
pending division of land . W/s First St . and N/s King Street ,
New Suffolk . (**Await Co . Health Art . 6 action after application . )
Appeal No . 3426 - GERALD DOROSKI . Variance for approval of
access (280-a) . N/s C . R. 48 , Peconic . **Await additional informa-
tion to clarify ROW and P . B . input on pending division .
Appeal No . 3411 - ANDREW FOHRKOLB . Variance to restore
existing building for habitable use additional dwelling unit) .
S/s Lipco Road , Mattituck . **Await scaled floor plans and
C . O . H . Rosenblum , Esq .
Appeal No . 3514 - GEORGE P . SCHADE . Variances for insufficient
area , width and depth . Await Co . Health Art . 6 waiver before
advertising)
Appeal No . 3495 - JOHN AND GLORIA SHIRVELL . Variances for
insufficient area , width and depth . Two Lots ) . N/s Pine Tree
Road , Cutchogue . (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 .
III
Southold Town Board of Appeals -41 - February 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
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 Truste;e 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 a�t,ion• ,.Area , .wi,dt_h 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 Boaru uf Appeals -42- February"u , 1987 Regular Meeting
Other Matters , Pendling Public Hearings (**awaiting additional
information as notled) , continued :
( ) Appeal No . 32�99 -JDOUGLAS MILLER . Variance to include
wetlands in subdivision which would not result in
insufficient 'area . Kirkup Lane , Laurel . **Await DEC
and,-Co. ' Heal.t,h Departmbnt approvals of pending subdivision .
( Appeal No . 392 - THOMAS CRAM�R . Variance to construct
within 75 ' of; wetlan s . E/s Meadow Lane , Mattituck .
**Await Trustees action/approval . (Health Dept . approval
apd.-DEC-waiver : redeived. )Transfer in title .
( 7' Appeal No . 3365 - PAUL & MARIE!TTA CANALIZO. Variance to
construct with insuff c ent setback in frontyard and
from wetlands: **Await ' DEC an,d wetland setbacks map .
Trustees reviews pending .
( Appeal No. 32 4 /HANAUER & BAGLEY . Variance for
approval of two lots having in';sufficient 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 FRANKIITHORP . 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 , width , depth , etc . **Await Notice
of Disapproval', after application to Building [Department
reissuance of !filing fee , postmarked certified-mail
receipts , etc .''
( ) Appeal No . 32913 -�HAROLD AND JOSEPHINE DENEEN . Variance
for approval ofthree p-arcels having insufficient area ,
width and depth. W/s ROW off the S/s ,Bayview Road (west
of Waterview Derive) , Southold . ', 280-a not requested .
**Await Co . Health Art . VI andIDEC approvals/action .
( ) Appeal No. 32512 �JOHN CHARLESI & M. SLEDJESKI . Variance
_- appealing decision of Planning ! Board of- 4/2/84 that
buildable areal in proposed division is less than 80 ,000
sq . ft . (excludes wetland grass areas ) for a one-family
dwelling , and ;less than 160 ,000 sq . ft . (dxcl.udes wetland
grass areas ) for an existing two-dwelling usage .
E/s Narrow River Road and S/s Main Road , Orient .
**Await Co. Health Art . VI and 'SEQRA.
( ) Appeal No. 3367 JLOIS AND PATRICIA LESNIKOWSKI . Variance
for approval of two parcels having insufficient area and
width.. S/s,. North Qrive , Mattituck . **Await DEC . Build-
ing envelopes and s'�tbacks not !shown since enactment of
Local Law - Wetlands Setbacks .
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Southold Town Board of Appeals -43- February 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 . Variances for insufficient
area and width (two lots ) . W/s� econic Lane , Peconic . P. Ofrias ,
Esq . Multiple business uses . P . B . recommends24 parking spaces .
(No communications received since 7/26/84"' j
Appeal No . 3548 - FRANK R . ZALESKI . Variances for insufficient
area , width and depth (three parcels in pen',ding division ) . E/s
Deep Hole Drive , Mattituck ; 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 , Cutcho;gue . 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 and ' in excess of 20% lot coverage .
640 Takaposha (private ) Road , Southold . (Await Trustee and
DEC waivers before advertis'ing: )
,
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Southold Town Board of Appeals -44- February 5 , 1987 Regular Meeting
I
I
(UPDATE , continued : )
Appeal No . 3575 - ROS,A HODGSON . Variances as to insufficient
area and width of proposed 45 ,000± sq . ft - ', lot from 7 . 152-acre
parcel . NT 'Pine Neck Road , Southold . Await Co . Health Art . 6
action . Garrett A. Strang, Architect , to send letter clarifying
ROW ownership , etc . (Public Hearing not to be held before 4/7/87 ) .
Appeal No . 3389 - THEODORE PETIKAS . Variance to use
residential portion of premises for restaurant use . W/s ' Sound
Road and N/,s . Main Road , . Greenpor_t,. 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 7 . 0 6, acres zoned "B-Light"
Business , 4 ,000 sq . ft . of ; land area per unit with Village water.
S/s Main Road (prev . golf range ) , Greenport . Await six items
per our esolution 1 /8/87 , ; before advertising for public � hearing .
I ,
I ,
PUBLIC 'HEARINGS. FOR MARCH 5 , 1987 : On motion by Mr .
Douglass, seconded_ by Mr . Sawicki ,___ i t was
I
RESOLVED , that the following matters be and hereby are
SCHEDULED for public hearin__gs to be held on 'THURSDAY , MARCH 5 ,
1987 at th,e So_uthold Town Hall , Main Road , -Southol d__,, New York,
and it is further
RESOLVED , that Board Secretary Linda Kowalski is hereby
authorized and directed to, PUBLISH notice oaf the following
hearings in the local and official newspapers , to- wit : The
Suffolk Times , Inc . and Long Island Traveler-Watchman , Inc .
accordingly :
7 : 35 p .m. Appeal No . ' 3590 - THOMAS AND CATHERINE ZIMMERMAN .
(Recessed from 2/5/87 ) . Addition to nonconforming dwelling
structure exceeding 50% of fair value as exl,ists , 265 Rochelle
Place , Mattituck ; 1000- 144;04-09 & 09.
7 : 40 p . m. Appeal No . 13603 - JAMES CROSS (Subject to
receiving Planning Board input ) . Variance ',to 100-31 for
insufficie._n_t area (78 ,408 sq . ft . in this pending set-off
division at N/s Main Road „ Cutchogue ; 1000-',109-1 -8. 5 .
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Southold Town Board of Appeals -45- February 5 , 1987 Regular Meeting
(March 5 , 1987 Hearings , continued : )
7 : 45 p .m. Appl . No . 3610 - CAROL BARTHOLOMEW. Special Excep-
tion for Bed and Breakfast . 7015 Wickham Avenue , Mattituck;
1000-107=-5=-4. 1
7 : 50 p .m. Appeal No . 3612 - PHILIP AND ELLEN BELLOMO .
Variance to construct addition at rear with insufficient setback
from wetlands along Great Pond , 7455 Soundv,iew Avenue , Southold ;
1000-59-6-8 .
8 :00 p .m. Appeal No . 3511 - KAPELL REAL ESTATE INC . and
LIMPET CORP . Variances : (1 ) lot area , 2 Ylot width , 3 lot
depth of two parcels in this pending division . Greenport Driving
Park Map , Lots 16 and 65 . ILinnett and Brown Streets , Greenport .
8 : 05 p .m. Appeal No . 3608 - RICHARD F,. MULLEN , JR. Variance
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 . Zones : Partly "A" and " B- 1 " .
E/s Cottage Place , Southold . 1000-62-3-19.
8 : 10 p .m. Appeal No . , 3592 - BENTE SNELLENBURG . Variances :
(1 ) 100-119. 1 ( B) for approval of 8 ' high fencing along easterly
property line a length of 72± feet ; (2 ) 100-141 appealing the
November 6 , 1986 Order to Remedy Violation which mandates a
building permit for new fencing along easterly property line .
ROW extending off E/s South Harbor Road known as Private Road
#10 , or Old Woods Path , Southold ; 1000-87-2-21 .
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8:20 p .m . Appeal No . ' 3611 - RAYMOND AND ELEANOR KERESTER.
Variance for approval of lot width of three parcels , each con-
taining 4. 6± acres . W/s Paradise Point Road and N/s North Bayview
Road , Southold ; 1000-81 -1 -25 .
SUPREME COURT DECISION : William Heins , v . Z . B. A. , Index
No . 86-21779. Special Term , Part. II . The ; Board was advised
of the recent decision by Justice Doyle , J . S . C . dated 1 /20/87
dismissing the Petition of !the Petitioners , ; William and Katherine
Heins finding ZBA determination neither arbitrary. nor capricious .
Copies of the Court decision were distributed to the Board members .
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Southold Town Board of Appeals -46- February 5 , 1987 Regular Meeting
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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 ,
Linda F. : Kowa ski , Secretary
Southo_1d Town_ Board of Appeals
Approved 3/5/87
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cf :.0 old
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