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HomeMy WebLinkAboutZBA-01/08/1987 Gy Southold Town Boardof Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS + M I N U T E S JOSEPH H. SAWICKI - - - - - ` - REGULAR 'MEETING THURSDAY ,-'JANUARY 8-; 1987 I A Regular. Meeting of the Southold Town Board of Appeals was held on THURS.DAY , JANUARY '8 ; 1987 at 7 : 30 o ' clock p__.m. at the Southold Town Hall , Mai_n Road , Southold ,. New _Yo.rk 1.1971 . Present were : Gerard P . Goehringer ; Chairman ; Serge Doyen , Jr . ; Robert J . Douglass ; Charles Grigonis , Jr. .and Joseph H. Sawicki , constituting the five members of the Board of Appeals . Also present were : Victor Lessard , Building-Department Adminis- trator ; Linda Kowalski , Board Secretary , and approximately 25 persons in the audience at the beginning of the meeting (increasing to 60 towards the latter hearings ) . Chairman Goehringer opened the meeting and proceeded with the first matter on the agenda , as follows . (The verbatim trans- cripts for all of the hearing have been prepared under separate cover and filed with the Office of the Town Clerk for reference . ) 7 :35 p .`m. Public Hearing was held and concluded in the Matter of Appeal No . 3587 - ROBERT AND EILEEN M. JOHNSON. Addition with insufficient setback from tidal water area at 430 Corey Creek Road , Southold. Mr. Robert Johnson spoke in behalf of the applicants . Following the hearing , an unanimous vote was taken to conclude the hearing , pending deliberations at a later time . 7 : 40 p .m. Public Hearing was held and concluded in the Matter of Appeal No . 3594 - ANNE C . MASON. Deck addition to dwelling with insufficient setback from tidal water area at 1250 Lupton Point , i Y � i Southold Town Board of Appeals -2- January 8 , 1987 Regular Meeting (Public Hearings , continued : ) - See verbatim transcripts under separate cover : Mattituck . . Mr . Bob Koch spoke in behalf of the applicants'. No objections from the public were submitted during the hearing . Following discussion , the board unanimously concluded the hearing , pending deliberations at a later time . 7 : 45 p .m. Public Hearing was held and concluded in the Matter of Appeal No . 3585 - ALVIN AND PATRICIA COMBS . Special Exception for "Bed and Breakfast" estab- lishment in existing dwelling at 2500 Peconic Lane , Peconic . Mrs . Combs spoke in behalf of her applica- tion . No objections from the public were submitted during the hearing . Following discussion , the board unanimously concluded the hearing , pending delibera- tions at allater time . 7 : 51 p .m . Public Hearing was held and concluded in the Matter of Appeal No . 3588 - MARY J . MOONEY-GETOFF. Special Exception for " Bed and Breakfast" establishment in existing dwelling at 1475 Waterview Drive , Southold . Mrs . Get-off spoke in behalf of her application . Opposition was received . Following discussions , the board unanimously concluded the hearing , pending deliberations at a later time . 8 : 08 p .m. Public Hearing was held and concluded in the Matter of Appeal No . 3591 - PAUL STOUTENBURGH , JR. Accessory windmill tower in excess of 18 ft . height require- ment at 4015 Skunk Lane , Cutchogue . Mr . Stoutenburgh spoke in behalf of his application . No opposition was received during the hearing . Following discussion , the board unanimously concluded. the hearing , pending deliberations at a later time . 8 : 15 p .m. Public Hearing was reconvened in the Matter of Appeal No . 13552 - JOHN SENKO. Shopping-center use on 30 ,084 sq . ft. parcel zoned "B-1 . " Intersection of Main Road and west side of Ackerly Pond Lane , Southold . ,Stephen R. Angel , Esq . gave a brief update on the applicant ' s proposal and reiterating his letter ! to the Z . B. A. received 1 /7/87 limiting the use to ' "professional offices and business offices " of the existing structure . No additional public opposition was received at this time . Follow- ing discussion , the board unanimously concluded. the hearing , pending deliberations at a later time . r 'a Southold Town Board of Appeals -3- January 8 , 1987. Regular Meeting (Public Hearings , continued : ) - See verbatim transcripts under separate cover : 8 : 20 p .m. Public Hearing was held and concluded in the Matter of Appeal No . 3583 - FREDERICK AND HELEN HRIBOK. Garage addition with : (IT insufficient southerly and total side yards ; (2 ) insufficient setback from bulkhead along Arshamomaque Pond at 90 Carole Road , Southold . Mrs . Patricia C. Moore from the Law Offices of Rudolph H. Bruer appeared in behalf of the applicants . No public opposition was received during the hearing . Following discussion , the board unanimously concluded the hearing , pending deliberations at a later time . 8 : 42 p .m. Public Hearing was held and concluded in the Matter of .Appeal No . 3461 - HELMUT HASS . (1 ) Insufficient lot area and lot .width , 2 establishing existing residential use as principal use of proposed southerly parcel ; (3) for approval of insufficient livable- floor area in existing dwelling of proposed northerly p.arcel . " B-l " Zone . 35350 CR 48 , Peconic . Samuel J . Glickman ,' Esq . spoke in behalf of the applicant . No public opposition was received during the hearing. Following discussion , the board unanimously concluded the hearing , pending deliberations at a later time . 8 : 46 p .m . Temporary recess . Unanimous vote . 8 : 55 p .m. Reconvened Meeting. Unanimous vote . 8 : 55 p .m. Public Hearing was reconvened in the Matter of Special Exception Application No . 3572 - MICHAEL AND JOYCE MATTES. " Bed and Breakfast" establish- ment in existing dwelling at the Intersection of Breakwater and Mill Roads , Mattituck . Barbara L . Coughlan , Esq . spoke in behalf of the applicants . Opponents also gave additional statements for the record. Following testimony , the board unanimously concluded the hearing , pending deliberations at a later time . 9 : 17 p .m. Public Hearing was held and concluded in the Matter of Special Exception Application No . 3584 - DONALD AND JOANNE RITTER for establishment of . two-family use at 2585 Peconic Lane , Peconic . J . Kevin McLaughlin , Esq . spoke in behalf of the applicants . No public opposition was received during the hearing . Following discussion , the board unanimously concluded the hearing , pending deliberations at a later time . The last hearing concluded at 9: 30 p .m. The board proceeded with the agenda , as follows : r r Southold Town Board of Appeals -4- January 8,. 1987. Re.g.ular Meeting PENDING DECISION : Appeal No . 3579 : Application of 'CHARLES AND SANDRA BLAKE for a Variance for Approval of Access pursuant to New ork Town Law , Section 280-a , from the east side of South Harbor Lane along Old Woods Path (Private Road No . 10 ) , to premises known and referred to as 695 Old Woods Path , Southold , NY ; County Tax Map Parcel No . 1000-87- 1 -23 . 7 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on December 11 , 1986 in the Matter of the Application of CHARLES AND SANDRA BLAKE , Appeal No . 3579 ; 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 Provisions of New York Town Law , Section 280-a for approval of access over a private right-of-way referred to as "Old Woods Path , " or Private Road No . 10 , which extends from the east side of South Harbor Road , Southold , in an easterly/southeasterly direction 600 feet , and thence 242 . 85 feet to the existing driveway . 2 . The premises to which appellants are requesting access to contains an area of 4. 282 acres , improved with a single- family 2-2 story frame dwelling , as more particularly shown on survey amended June 3 , 1985 , prepared by Roderick VanTuyl ; P . C. , and garage structure accessory and incidental to the residential use of the premises , for storage and garage purposes only. 3 . For the record , it is noted that the right-of-way was improved in accordance with the conditions of Appeal No . 3432 (J . Holzapfel ) rendered April 3 , 1986 , for the portion extend- ing from the east side of South Harbor Road � to the Holzapfel c Southold Town Board c . .appeals -5- January 8 , . -,.7 Regular Meeting (Appeal No . 3579 - BLAKE decision , continued : ) premises (1000-87-1 -23 . 8) , and conditionally accepted by resolution of July 17 , 1986 . 4 . It is the opinion of the board that the remaining 242 . 85 feet leading to the beginning of the Blake driveway is in need of minor improvements , as noted below . 5 . It is also noted that this 280-a conditional approval is not to be recognized as approval of access for any other lots which may be subject to 280-a updated approval in the future , or any future set-off divisions or subdivisions , unless so recommended in writing by the Building Inspector and filed with the Office of the Board of Appeals . 6 . Under Building Permit #13481 issued October 19 , 1984 , new construction has been finalized and is pending issuance of a Certificate of Occupancy and 280-a action . In considering this appeal , the board determines : (a ) the relief requested is not substantial in relation to the requirements ; (b ) there will be no substantial change in the character of this district ; (c ) the relief as condi - tionally noted below 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 , the interests of justice will be served by allowing the variance , as condi - tionally noted . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that relief be and hereby is GRANTED in the Matter of the Application of CHARLES AND SANDRA BLAKE for approval of access as required by New York Town Law , Section 280-a , SUBJECT TO THE FOLLOWING CONDITIONS : , 1 . That there be a minimum open and unobstructed access width of 12 feet to be paved with two inches [2" ] of compacted stone blend , and potholes filled , for the additional 242 . 85 feet (from a point approximately 590 ft . from South Harbor Road to the existing open driveway area of the Blake parcel ) . 2 . That the entire right-of-way be continuously main- tained in good condition at all times (from South Harbor Road to the driveway area , supra) . 3. That acceptance of the improvements as conditioned Southold Town Board of Appeals -6- January 8 ,. 1987 Regular Meeting (Appeal No . 3579 ® BLAKE decision , continued: ) above be submitted in writing to the Office of the Board of Appeals . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis abstained. ) This resolution was duly adopted . PENDING DECISION : Appl . No . 3570-SE : Application of PAUL HENRY for a Special Exception to the Zoning Ordinance , Article III , Section 100-30 ( B) [16] for permission to estab- lish " 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 : 236 (68555 C . R. 48 ) North Road , at intersection with McCann Lane , Greenport , NY ; County Tax Map District 1000 , Section 033 , Block 05 , Lot 13 . 1 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on November 20 , 1986 in the Matter of the Application of PAUL HENRY , Application No . 3570 ; 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 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 single-family dwelling . 2 . The premises in question is a 2 . 7±-acre parcel located at the north side of Middle Road (C. R . 48 ) and the east side of McCann c Southold Town Board of Appeals -7- January 8 , 1987 Regular Meeting (Appl . No . 3570-SE - HENRY decision , continued : ) Lane at Greenport , Town of Southold , and is more particularly identified on the Suffolk County .Tax Maps as District 1000 , Section 33 , Block 5 , Lot 13. 1 . 3 . The subject premises is improved with the following structures as more particularly shown by survey prepared July 31 , 1985 for Irwin and Tamara Wieder by Roderick VanTuyl , P . C : (a ) single-family, one-story and 1z-story frame dwelling ; (b ) one- story frame building containing two-dwelling units . [See building permit #12410 issued 7/8/83 for conversion of barn to two-dwelling units and prior Z . B. A. Appeal No . 2098 rendered 2/5/76 . ] 4. The subject premises is located in the "A-80" Residential and Agricultural Zoning District . For the record it is noted that the applicant purchased the subject premises in November 1985 , and a Certificate of Nonconforming Premises No . Z11769 was issued July 8 , 1983 by the Building Department to William A. Jacobs (prior owner ) . 5 . On July 1 , 1986 , Local Law No . 5-1986 - " Bed and Breakfast Use " was adopted by the Southold Town Board. 6 . The existing "stone" driveway area has been depicted by the applicant for the area proposed for parking by the Bed and Breakfast and present uses which appears sufficient under the circumstances . 7 . It is the position of this Board that it is the intent of Local Law No . 5-1986 to permit a " Bed and Breakfast" use in a zoning district which conforms to the regulations proscribed for that zoning district. 8 . The subject premises received a variance allowing a third nonconforming dwelling unit during 1976 . In May 1983 , the minimum lot area requirement was increased from 40 ,000 sq . ft . to 80 ,000 sq . ft . The premises contains a total area of 2 . 7±=acre , or 117 ,600± sq . ft. , and is occupied by three dwelling units . A two-family status by Special Exception approval requires a minimum of 160 ,000 sq . ft . of lot area . The uses of the subject premises do not conform to the requirements for this zoning district . The granting of the Bed-and-Breakfast Use would create an over-intensifi - cation of uses for this parcel , which would be injurious to the neighborhood or community plan . The present three- dwelling use status of this property appears to be the Southold Town.. Board of Appeals -8- January 8 , 1987 Regular Meeting (Appeal No . 3570-SE - HENRY , decision , continued : ) highest and best use of the property , and i't is the under- standing of the Board that the " Bed and Breakfast" use is being requested in addition to the present nonconforming uses of the premises . 9. The Board members have also considered subsections [a] through [1 ] of Article XII , Section 100-121 (C) [2] of the Zoning Code in making this determination . Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , to DENY the Special Exception applied under Application No . 3570 in the Matter of PAUL HENRY . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted . PENDING DECISION : Appeal No . 3574 : Application of DR . JOHN 'L:ORETO for Variances to the Zoning Ordinance , Article III , Sections 100=.30 and 100-.32 , and Article XI , Section 100-119. 2 for permission to construct storage building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwelling adjacent to these premises . Location of Properties : Lots #3 and #2.,. Map of Vista Bluff #5060 ; North Side of Glen Court , Cutchogue , NY ; County Tax Map District 1000 , Section 83 , Block 1 , Lots 9 and 8. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on November 20 , 1986 in the Matter of the Application of DR . JOHN LORET.O under Appeal No . 3574 ; 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 t l Southold Town Board or Appeals -9- January 8 , 1987 Regular Meeting (Appeal No . 3574 - LORETO decision , continued : ) 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 Provisions of the Zoning Code as follows : (a ) Article XI , Section 100-119. 2 ( B) to construct with an insufficient setback at 30 feet from the edge along the top of bluff along the Long Island Sound , (b) Article III , Sections 100-30 and 100-32 to construct for use as storage incidental and accessory to the existing dwelling adjacent to the west of this parcel . The construction proposed is a 10 ' by 14 ' wood-design' storage shed . 2 . The premises in question is a substandard parcel known and referred to as Lot No . 3 , Map of "Vista Bluff" filed March 15 , 19,68 , at Cutchogue , and is shown according to Building-Department and Assessors records as vacant land . Applicant has depicted a gazebo structure on this property situate approximately 15 feet from the easterly property line of Subdivision Lot No . 2 (the applicant ' s dwelling parcel ) , although town records show that a building permit and certificate of occupancy was issued under Permit #11239 and CO #13326 during 1981 for a gazebo on the dwelling parcel a minimum of three feet west of the easterly property line . 3 . The premises upon which the requested 10 ' by 14' accessory shed is to be located contains a lot area of approximately 25 ,000 sq . ft . and lot width of 100 feet . The buildable area (as shown by the sketched survey prepared December 20 , 1977 by Frank H. Atkinson , L . S . ) is a size of approximately 100 feet wide by 120 feet deep .[to the top of bluff] , or 12 ,000± sq . ft . It is the position of the Board to locate the shed a distance 40 feet from the top of bluff and approximately 70 feet from the front property line along Glen Court. This location would allow for proper placement of a new dwelling in the future in accordance with the required setbacks of the zoning code (without additional relief) . 4 . Article XI , Section 100-119. 2 , subparagraph A[] ] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than o.ne-hundred (100 ) feet from the top of the bluff , or bank . The board finds that compliance with this 100-ft . setback restriction would be placing same in the front yard very close to the road (front ) property line . J In considering this appeal , the board also finds and Southold Tbwn Board c 4ppeals -10-January 8 , 198 egular Meeting (Appeal No . 3574 - LORETO decision , continued : ) determines : (a ) although the percentage of relief requested is substantial in relation to the requirements , the difficulty cannot be obviated by some method feasible for appellant to pursue , other than a variance ; (b ) the placement of the 10 ' by 14 ' accessory storage building at a point not closer than 40 feet to the top of the bluff and a distance of 70± feet from the front property line is not unreasonable and will not be detrimental to adjoining properties , or change the character of the district ; (c ) the circumstances of the property are unique ; (d) the practical difficulties are suffi - cient to warrant a conditional granting of this application ; (e ) that in consideration of 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 GRANT a Variance to locate a 10 ' by 14 ' accessory storage shed upon Subdivision Lot No .. 3 applied under Appeal No . 3574 in the Matter of the Application of JOHN A. LORETO , SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Accessory shed not exceed 10 ' by 14' in size ; 2 . Accessory shed not be closer than 40 feet to the top of bluff and not be closer than 10 feet from the west (side ) property line ; 3. Accessory shed shall be used only for storage purposes accessory and incidental to the residential use of the adjacent parcel , also owned by the applicant herein (Lot No . 2 ) , or accessory and incidental to the future residential use of this parcel (Lot No . 3 ) ; 4. Any dwelling proposed in the future upon this parcel (Subdivision Lot No . 3 ) must conform to the front , side and , rear yard setback requirements of the zoning.- code . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted. Southold Town Board of Appeals -11 - January 8 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3557 As Amended : Application of ROBERT G. 'EGAN to amend Conditional Approval Rendered 11 /3/86 under Appeal No . 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet , rather than 7 and 12 feet , at 330 Knoll Circle , East Marion , NY ; "Map of Section Two , Gardiners Bay Estates , " Subdivision Lots 27 and part of 28 ; County Tax Map District 1000 , Section 37 , Block 5 , Lot 12 . Following deliberations , the board took the following action : WHEREAS , a conditional approval was granted by this Board under Appeal No . 3557 on November 3 , 1986 as noted therein ; and WHEREAS , the applicant has requested reconsideration of Condition No . 1 which restricted the westerly sideyard setback at seven feet ; . and WHEREAS , a resolution was adopted by this Board on November 20 , 1986 by unanimous vote of all the members to re-open the hearing to re-consider the variance requested under Article III , Section 100-31 as to the westerly sideyard setback reduction ; and WHEREAS , notice was published and posted as required by law on this public hearing , which was held on December 11 , 1986 ; 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 , a Variance is requested from Condition No . 1 of this Board ' s decision rendered November 3 , 1986 which reads as follows : " . . . Minimum setback from the west (side ) property line at' seven feet . . . " . 2 . Applicant proposes to reconstruct new dwelling upon ` e Southold Town Board c . Appeals-12-January 8 , 198, ,,egular Meeting (Appeal No . 3557 - EGAN decision , continued : ) existi-ng foundation , rather than new foundation , which presently is set back five feet at its nearest point from the northwest property line (at the northwest corner ) and 12 feet at its near- est point from the southwest property line (at the northeast corner ) , as more particularly shown on Drawing SP-1 dated September 5 , 1986 , prepared by Garrett A. Strang , Architect . 3 . The premises in question is a substandard parcel con- taining a total area of 7 ,511 ± sq . ft. with 56 ft. frontage along the west side of Knoll Circle and widening to 69± feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000 , Section 37 , Block 5 , Lot 12 (also referred to as Lot 27 and part of 28 , Map of Section Two , Gardiners Bay Estates filed in the Suffolk County Clerk ' s Office September 23 , 1927 as Map #275 ) . This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the closest point ) and 7± feet (at the farthest point) from the west side property line , 28 feet (at the closest point ) and 40 feet (at the farthest point ) from the front property line along Knoll Circle , and 40± feet from the outer edge of exist- ing concrete bulkhead , as depicted on survey prepared October 6 , 1958 by Roderick VanTuyl , P . C. 5 . It is noted for the record that the Variances granted by this Board on November 3 , 1986 included : (a ) Minimum setback from the east side property line at 12 feet [as established by existing foundation] ; .(b ) Minimum total sideyards at 12 and 7 feet; (c ) Minimum frontyard setback not closer than 28 feet from the closest point ; (d ) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi - tion [at the closest point] , and 38 feet for the newly proposed two-foot cantilever . In considering this application , the board also finds and determines : (a ) that the variance requested is substantial in relation to the requirements , being a variance of 50% of the required 10-foot sideyard setback and a variance of 32% of the required total 25-foot sideyards ; (b ) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities ; Southold Town Board 6 . Appeals-13- January 8 , 198/ Regular Meeting (Appeal No . 3557 - EGAN decision , continued : ) (c ) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure ; (d ) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance ; (e ) the circum- stances of the property are unique ; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance ; (g ) that in consideration of all the above factors , the interests of justice -will be served by allowing a variance , as conditionally noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , to GRANT a Variance for the proposed recon- struction of the single-family dwelling upon existing foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The reconstruction of the dwelling , including cornices , overhangs , steps , etc . , shall be not closer than five feet from the west side property line and not closer than 12 feet from the east side property line (at the closest points as estab- lished and shown on survey dated October 6 , 1958 prepared by Roderick VanTuyl , P . C. 2 . If foundation is reconstructed , setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices , overhangs , steps , etc . ) at the nearest points at the north corners . 3 . This approval shall be an amendment to the prior Decision rendered November 3 , 1986 , and Condition No . 1 thereof, and incorporates Conditions No . 2 , 3 , 4 , 5 and 6 herein . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis abstained due to his absence at the public hearing [illness] . ) This resolution was adopted with a majority plus one votes (4 ) of the five members present . Southold Town Board of Appeals -14-January 8 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3580 : Application of NICHOLAS BABALIS for a Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to construct new dwelling with insufficient northerly side yard and insufficient total sideyards at 3360 Rocky Point Road , East Marion , NY ; County Tax Map Parcel No . 1000-21 -04-09. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on December 11 , 1986 in the Matter of the Application of NICHOLAS BABALIS under Appeal No . 3580 ; 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 th.e following findings of fact : 1 . By this application , appellant requests a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning Code , for permission to construct new single-family dwelling structure with insufficient : (a ) northerly sideyard at 11 feet and southerly sideyard at 10 feet ; (b ) total sideyards at 21 feet . 2 . The premises in question is a described parcel of land located along the east side of Rocky Point Road , Hamlet of East Marion , Township of Southold , New York , having a total lot area of 12 ,629 sq . ft. , frontage along Rocky Point Road of 68 feet , and lot depth of 211 ± feet . 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is presently vacant. 4. Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires minimum sideyards at 15 and 10 , and a minimum total of 25 feet . The amount of relief requested is four feet , or 26% of ' a variance from the requirements . 5 . It is the opinion of the board that the percentages of Southold Town Board o . appeals -15- January 8 , 'itia7 Regular Meeting (Appeal No . 3580 - BABALIS decision , continued : ) relief requested is not substantial in relation to the require- ment , and that the width of the lot , from 68 feet along Rocky Point Road to 52 feet along the rear property line , lends to the uniqueness and practical difficulties imposed. 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 the property are unique ; (c ) the relief requested is not substantial in realtion 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 , convenience or order of the town ; (e ) there will be no increase in popula- tion density and this project will not produce an undue burden on available governmental facilities ; (f) in consideration, of all the above factors , the interests of justice will be served by allowing the variance , as further noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED , to GRANT Variances as applied in the Matter of the Application of NICHOLAS BABALIS under Appeal No . 3580 , for the location of a new single-family with insufficient setbacks at .11 feet from the north side property line and 10 feet from the south side property line , for total sideyards at 21 feet . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis abstained from vote due to absence at the public hearing . ) This resolution was duly adopted . Southold Town Board of Appeals - 16-January 8 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3216 : Application of EUGENE DAVISON for a Variance. to the Zoning Ordi - nance , Article III , Section 100-30 (A) L1 ] for permission to establish dwelling unit upon 9. 8±-acre parcel over existing horse stable . Location of Property : South Side of Sound Avenue , Mattituck , NY ; Lot #4 , Minor Subdivision of Strawberry Fields , which received Sketch Plan approval July 8 , 1985 by the Town Planning Board ; County Tax Map Parcel No . , 1000-121 -3-5 (containing 12 . 6± acres ) . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on Decem- ber 11 , 1986 in the Matter of the Application of EUGENE DAVISON under Appeal No . 3216 ; 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 appeal from a Notice of Disapproval from the Building Inspector dated November 10 , 1986 , under Article III , Section 100-30 (A) . Appellant requests permission to build living quarters for one-family unit at the east section of the second floor of an existing horse stable structure . 2 . The subject premises contains a total area of 12 . 6372 acres , which has received a four- lot minor subdivision sketch map approval by the Planning Board as more partic.ularly shown by map surveyed by Roderick VanTuyl , P . C. , amended January 7 , 1986 . The second-floor apartment under consideration is proposed on the 9. 8-acre parcel referred to as Lot No . 4 . The subject premises is located in the "A-80" Residential and Agricultural Zoning District . 3 . For the record it is noted that Article III , Section _ 100-31 , Bulk Schedule of the Zoning Code requires a minimum habitable area of 850 sq . ft. , and appellant proposes 1 ,020± sq . ft . of living area . Southold. Town. Board of Appeals -17-� January 8 , 1987 Regular Meeting (Appeal No . 3216 - DAVISON decision , continued : ) 4. The premises has been and is used for the keeping , breeding , raising and training of horses , domestic animals and/or fowl , as regulated by Subsection (b ) of Section 100-30 (A) [1 ] , of the Zoning Code . It is the understanding of this Board and the Building Inspector that a variance is requested for this single-family apartment over the stable in addition to the present use occupying this 9 . 80 acre parcel . A conditional variance was approved by this Board on June 13 , 1985 under Appeal No . 3254 for the 9. 8- acre parcel as noted therein . 5 . It was also noted that an application for the "proposed house" as shown on the January 7 , 1986 survey has not been submitted to the Building Inspector for his determination and has not been included in the Notice of Disapproval rendered November 10 , 1986 . In considering this appeal , the board finds and deter- mines : (a ) the relief requested will not be adverse to the safety , health , welfare , comfort , convenience or order of the town ; (b ) there will be no substantial increase in population density and this project will not produce an undue burden on available governmental facilities ; (c ) the circumstances of the property are unique ; (d ) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance ; . (e ) that in consideration of the above factors , the interests of justice will be served . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to GRANT a Variance for the establishment of a single-family dwelling unit at the east end of the second floor of the existing horse stable structure applied under Appeal No . 3216 in the Application of EUGENE DAVISON , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That this dwelling unit not exceed 1 ,000 sq . ft . in livable floor area ; 2 . The grant of this variance is limited to this single- family dwelling unit (apartment ) at the east end of the second floor of the existing horse stable structure as applied . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Grigonis abstained due to absence at the public hearing . ) This resolution was duly adopted with a majority plus one vote of the five members . ' 1 l Southold Town Board of Appeals -18- January 8 ;. 1987 Regular Meeting PENDING DECISION : Appeal No . 3577 : Application of FRANK AND DELORES DAVIES for a Variance to the Zoning Ordinance , Article III , Sect-ion 100-32 for permission to replace accessory shed in the north sideyard area at 2285 Pine Tree Road , Cutchogue , NY ; Lot #15 , Map of Nassau Farms filed March 28 , 1935 ; County Tax Map Parcel No . 1000- 104-3-2 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded "on Decem- ber 11 , 1986 in the Matter of the Application of FRANK AND DELORES DAVI_ES under Appeal. No . 3577; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony ,recorded; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerni_ng__this application..; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the .-surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . By this application , 'app-ell--ant requests a Variance from the Provisions of the Zoning Ordinance , Article III , Section 100-.32' for permission to construct an accessory shed structure at a distance of 2 . 4 feet from the . south (side_) property line in the sideyard area as more particularly shown on survey dated June 23 , 1986 prepared by Peconic Surveyors & Engineers , P . C . 2 . The premises in question is referred to as Lot #15 , Map of .Nassau Farms filed March 28,. 1935 , and is, located_ along the east side -of Pine. _Tree - Road at Peconic . . The Suffolk County Tax Map Designation is District_ 1000 , Section. 104 , Block 3 , Lot 2 . 3 . The subject premises contains an area of approximately 19 ,200 sq . ft. , lot width of 67 . 88 feet , and is improved with an existing 1 -story , .single-family .framed dwelling set back approximately 77 feet from. the mean high water-- mark along Little Creek (at the closest point , exclusive of steps ) . 4. For the record , it is noted that on August 26 , 1974 , a Southold Town Board o . ..ppeals -19- January 8 , Regular Meeting (Appeal No . 3577 - DAVIES decision , continued : ) Building Permit was issued under #7500-Z for an accessory build- ing , in the rear yard (in line with the rear of the existing dwelling at that time ) . Subsequently , the rear of the dwelling was extended , which placed the accessory building in the side- yard . Appellant proposes to construct a replacement storage shed in this same location . 5 . It is the opinion of the board that the relief requested is minimal , and to locate the accessory building in the required rear yard will require an additional variance under Article XI , Section 100-.119. 2 . In considering this appeal , the board also finds and determines : (a ) that the project proposed i_s not out of character with the neighborhood ; (b) the relief requested is not substantial ; Ac ) the circumstances of the property are unique ; (d ) the variance will not in turn be adverse to the safety , health , welfare , c_o_mfort , convenience or order of the town ; (e ) there is no other method feasible for appellants to pursue other than a variance ;. (f) - there will be no substantial detriment to adjoining properties ; ( g ) 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 . Sawicki , it was RESOLVED , t.o approve the location of an accessory storage shed in . the _ sideyar. d . area . in _ the . Matter .of Appeal No . 3577 , by FRANK 'AND DELORES DAVIES ; SUBJECT. TO THEFOLLOWING CONDITIONS : 1 . Minimum three-foot sideyard from the south side property line ; 2 . Not to exceed a size of 10 '. by 12 ' ;. 3 . This shed structure be used only for storage or garage purposes accessory and incidental to the. .residential use of the premises and not to be operated .for gain ,. living or. sleeping quarters . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Membe_r Grigonis abs_tained _due. to absence at the public hearing '. ) This resolution was adopted with a majority plus one votes of the five board members . Southold Town Board oT Appeals -20- January 8 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3578 : Application of ARTHUR ESSLINGER for a Variance to the . Zoning Ordi - . nance , Article XI , Section 100-119. 2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue , Southold , NY ; Lot No . 21 , Map of Beixedon Estates ; County Tax Map Parcel No . 1000-66-3-11 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on December 11 , 1986 in the Matter of the Application of 'ARTHUR ESSLINGER under Appeal No . 3578 ; 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 person.a.11y viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a Variance from the Provisions of Article XI , Section. 100,:,ll9. 2 ( B) to construct an 8_' by 10 '. accessory storage bu,i 1 di ng a .d_i stance not closer than 25 f_eet from the existing bulkhead along Petty ' s Pond and not closer than three feet from the south (side ) property line . 2 . The premises in question is, located along the north (east ) side of Arshamomaque Avenue , `Southold , referred to as Lot #21 on the Map of Be_ixedon Estates, and is designated on the Suffolk County Tax Maps as District 1000 , Section 66 , Block 3 , Lot 11 . The subject premises is improved with a one-story , one-family 40 ' by 24 ' dwelling structure . 4. It is noted for the record that a Waiver has been issued by the Southold Board of Town. Trustees dated. November 28 , 1986 for this proposed construction not closer than 25 feet from the existing bulkhead . 5 . It is also noted that the sloping of the property restricts the area for a feasible placement of the building , and the Board agrees with the reasoning of the applica.nt . Southold Town Board o-, nppeals -21 - January 8 , 1987 Regular Meeting (Appeal No . 3578 - ESSLINGER decision , continued : ) In considering this application , the board also finds and determines : (a ) that the variance requested is substantial in relation to the requirements , being a variance of 66% , except however that the accessory shed is landward of an existing structure ; (b ) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities ; (c ) the grant of this variance. will not produce a substantial change in the character of the neighborhood or create a substantial detriment. to adjoining properties since similar setbacks have been established in the neighborhood ; (d ) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e ) the circumstances of_ the property are unique ; (f) the practical difficulties claimed are sufficient to warrant a granting. of the variance_; (g ) that in consideration of all the above factors , the interests of justice w,i.11 be served by allowing a variance , as condition,a,lly noted .be_l..ow. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , ,i t. was RESOLVED , to GRANT a Variance for the proposed construction of an 8 ' by 10 ' storage shed in the rearyard area with an insufficient setback from bulkhead at not closer than 25 feet , as applied in the . Matter . of . the . Application_. of ARTHUR ESSLINGER, Appeal No . 3578 ; SUBJECT. TO. THE FOLLOW.ING 'CONDITIONS : 1 . The 8' by 10 ' structure be used solely for storage or garage purposes , accessory and incidental to the. residential use of the premises and not to be operated at any time in the future for gain ; 2 . The structure be not closer than 25 feet to the existing bulkhead , as requested ; .._ 3 . The structure be not closer than five feet to the side property line ; 4. The structure not exceed one-story height . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Sawicki , and Doyen . (Member Grigonis abstained. due to absence at the hearing on 12/11 /86. ) This resolution was duly adopted . Southold Town Board of Appeals -22- January 8 , 1987 Regular Meeting PENDING DECISION : Appeal No . 3519 : Application of STEVEN P. SANDERS & ANO . for a Variance to the Zoning Ordinance , Article II.I , Section 100-31 for approval of insuffi - cient lot area , width and setbacks in this pending set-off division of land . Location of Property : Private Right-of-way located off the north side of Bay View Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 106 , Block 06 , Lot 36 . Chairman.-IGoehringer . left the room and abstained from discussions . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on November 20 , 1986 in the Matter of the Application of STE VEN P . SANDERS & ANO . under Appeal No . 3519; 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 east side of Bay View Avenue , Mattituck , having a total area of 66 ,600± sq . ft. in area (inclusive of "beach" areas and right-of-way) , and is identified on the Suffolk County Tax Maps as District 1000 , Section 106 , Block 06 , Lot 36 . 2 . By this application , appellants request an area variance for proposed Lots #1 of 27 ,000 sq . ft: and #2 of 39 , 600 sq . ft. (36 ,000 sq . ft . plus 3600± sq . ft. "beach" area) , as shown on Sketch Plan Map amended April 30 , 1986 , prepared by Roderick Van- Tuyl , P . C . 3 . Existing upon the premises are two one-story , single- family dwellings with patios . It is noted that Certificate of Occupancy #Z- 14091 has been issued dated December 13 , 1985 indicating the preexistence of the nonconforming lot area , second dwelling , and insufficient sideyard setback. Southold Town Board of Appeals -23- January 8 , 1987 Regular Meeting (Appeal No . 3519 - SANDERS & SCHWARTZ , decision , continued : ) 4. In viewing the character of the neighborhood , it is found that five of the eight immediate lots surrounding this property are smaller , having an area of less than one-half acre . The remaining three immediate lots contain an area of approximately 43 ,000 to 30 ,000 sq . ft. 5 . It is the understanding of the board that the well and sanitary systems servicing the two residences have been in exist- ence and use since prior to April 1957 , ( see Affidavits of Steven P. Sanders dated October 14 , 1986 and Dorothy Z. Byrne dated November 20 , 1985 ) . 6 . It is the position of the board that the improvements have existed since prior to the enactment of zoning (1957 ) , and therefore will not create an increase in the density of the residential nature of the property . In considering this appeal , the board also finds and determines : (a ) the relief requested is substantial in rela- tion to the requirements , at percentages of more than 30%; (b ) the nonconformity of the property is unique ; (c ) the relief requested is' the minimal necessary under the circum- stances , and there is no other method , feasible for appellants to pursue , other than a variance ; (d ) there will be no sub- stantial change in the character of the area since each lot as proposed is improved with a single-family dwelling with separate well and sewage systems ; (e ) the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience or order of ,the town ; (f) there will be no increase in population density since each lot will contain an existing dwelling ; (g ) in consideration of all the above factors , the interests of justice will be served by allowing the variance . Accordingly , on motion by Mr . Douglass , seconded by Mr . Grigonis , it was RESOLVED , to approve the insufficient area of proposed Lot No . 1 of 29 ,000 sq . ft . and Lot No . 2 of 39 ,600 sq . ft . , (inclusive of "beach " area) , and insufficient width and depth , as more particularly depicted by Sketch Map prepared by Roderick VanTuyl , P . C . amended April 30 , 1986 , for STEVEN P . SANDERS AND ALBERT SCHWARTZ. Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass and Sawicki . (Member Goehringer abstained . ) This resolution was duly adopted . Southold Town Board of Appeals -24- January 8 , 1987 Regular Meeting APPROVAL OF MINUTES : On motion by Mr. Goehringer , seconded by Mr. Douglass , it was RESOLVED , to approve the Minutes of the Regular Meeting held Thursday , December 11 , 1986 . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Sawicki and Doyen. (Member Grigonis abstained due to absence [hospitalization] at the 12/11 /86 Meeting . ) MASTER'.PLAN AMENDMENT PROPOSAL : The board members discussed the following areas : P . 15 - Farm Labor Camps . Reviews are required by both Z . B . A. and Planning Board.. No change . P. 19 - 100-32A - Provision for lots under 40 ,000 sq . ft. to be exempt from A-80 requirement if on Subdivision Maps approved by the Planning Board prior to 1971 . ( Involves approximately 60 major subdivisions ) . P. 38 - 100-80C (2 ) - LB, HB , RR. GROUND SIGNS . No provision has been prov,ided for Ground Signs for existing established setbacks at 25 ft . or less . (Majority of business properties have established nonconforming setbacks . ) P. 97 - SPECIAL EXCEPTION PROCEDURES . 100-262 . ZBA urges changes in this area as follows : (A) Insert Board of Appeals instead of Building Inspector. ( Forms and review of application to ZBA, and processing must remain with the Board of Appeals —changes in .our present procedure which has been most efficient and effective since 1957 would create delays , errors , and confusion as well as additional responsibilities on the Building Inspector , re-routing , etc . ) (B) Delete 45-day time limit from date of receipt . P . 82 - 100-232 .. CORNER LOTS . Repeat from 100-119... P . 82 - 100-23T . FENCES , WALL , HEDGES , ETC . Repeat from 100-119. 1 (continued on page 25 ) h Southold Town Board of Appeals -25- January 8 , 1987 Regular Meeting (Master Plan Review , continued : ) P . 55 . Bulk Schedule . Current Zoning Code allows reduction for lots containing less than 40 ,000 sq . ft . in frontyard , sideyard , total sideyards , and rearyard setbacks . Request ".Column A" of present zoning Bulk Schedule be retained , as exists : Front yard 35 ft . One Side Yard 10 ft . Both Side Yards 25 ft . Rear yard 35 ft . On motion by Mr. Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that the above recommended changes be transmitted by the Chairman to the Town Board on . or before the - schbduled public hearings of the Master Plan Amendments Proposal . 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 . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to declare the following Environmental Declarations on each of the following new 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 ) Appeal No . 3587 - Robert and Eileen M. Johnson ; (b ) Appeal No . 3594 - Anne C. Mason ; (c ) Applic . No . 3585 - Alvin and Patricia Combs ; (d ) Applic . No . 3588 - Mary J . Mooney-Getoff; (e ) Appeal No . 3591 - Paul Stoutenburgh , Jr . ; (f) Appeal No . 3583 - Frederick and Helen Hribok ; (g ) Appeal No . 3461 - Helmut Hass ; (h ) Applic . No . 3584 - Donald and Joanne Ritter ; (continued on pages 26 through 3 ) Southold Town Board of Appeals _26_ Januar-- 3, 1987 Regular Meeting (Environmental Declarations , continued : ) (a ) S.E.Q.R.A . NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3587 PROJECT NAME: `ROB'E'RT 'AND 'EI'L'E'EN M'.' 'JO'HNS'ON' 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 'with insufficient setback from tidal water area. LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more particularly known as: 430 Corey -Creek Road., Southold, NY 87-05-03 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 propsed is alndward of existing structures. (3) The relief requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review Act, 6 NYCRR. Southold Town Board Appeals . -27- ;Ian' 8, 1987 Regular Meeting (Env'ironmental Declarations, continued: ) S.E.Q.R.A. (b ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3594 PROJECT NAME: - ANNE 'C.' MASON 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: Deck addition to dwelling with insufficient setback from tidal water area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1250 Lupton Point, Mattituck, NY 115-11-12 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 Quality Review Act, 6 NYCRR. Southold Town Board - Appeals _28_ Jani y 8, 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. (C ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3585 SE PROJECT NAME: ALVIN AND PATRICIA COMBS 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" LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2500 Peconic Lane, Peconic, NY 74-03-24 . 2 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 building construction. Southold Town Board Appeals . _28_ Jani y 8, 1987 Regular Meeting (Environmental Declarations, continued: ) S.E.Q.R.A. (d ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO..: 3588 SE PROJECT NAME: MARY J. MOONEY-GETOFF 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: [ ..1 Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special -Exception for "Bed and Breakfast" LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1475 Waterview Drive, Southold, NY 7.8-07-20 REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new building construction. Southold Town Board - Appeals . -29- Jam y 8, 1987 Regular Meeting (Environmental Declarations, continued: ) (e ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3591 PROJECT NAME: PAUL STOUTENBURGH, 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 determinationemade 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: Accessory windmill tower in excess- of 18 ft. height requirement. LOCATION OF PROJECT: Town of .Southold, County of, Suffolk, more particularly known as: 4015 Skunk Lane, Cutchoguer NY 98-0.1-06 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) is not located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board Appeals -30- Jani y 8, 1987 Regular Meeting (Environmental Declarations, continued: ) M S.E.Q.R.A. NEGATIVE ENVIRONMENTAL- DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3583 PROJECT NAME: FREDERICK AND HELEN HRIBOK 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: Garage addition with (1) insuffibient southerly and total side yards , (2) . insufficient setback from bulkhead along- ' Arshamomaque Pond, LOCATION OF PROJECT: Town of ,Southold, County of, Suffolk, more particularly known as: 90 Carole. Road, Southold, NY 52-02-04 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or environmental area is a bulkhead or concrete barrier in good condition. (3) The relief requested is a setback variance regulated as provided in Section 617. 13 of the StateeEnvironmental Quality Review Act, 6 NYCRR. Southold Town Board of Appeals -31 - January 8 , 1987 Regular Meeting (Environmental Declarations , continued : ) (9 ). S.. E .,Q.. R. A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3461 PROJECT NAME: HELMUT HASS 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 [ A DESCRIPTION OF ACTION: (1 ) Insufficient lot area and width; (2) estab- lish existingt residential u e as principal use in this B-Business District on proposed sou herly .parcel ; �.3) �nsufficlent "livable floor area-northerly parcel . LOCATION OF PROJECT: Town of .So.uthold,. County of Suffolk, more particularly known as: 35350 C ..R . 48 , P_ec_onic , NY; 1000-69-04-2 . 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_,Suffolk County Health De-p-art-ment-has approved or issued compliance with their reviews: (3 ) The relief requested is an area/lot-line variance which is r.e.gulated - by Section 617 . 13 of the State -Environmental Quality Review Act , 6 NYCRR. R Southold Town Board of Appeals -32- January 8 , 1987 Regular Meeting (h ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3584-SE . . _ PROJECT NAME: DONALD AND JOANNE 'R.I.T.TER 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 to convert e.xist.ing one-family dwelling to two-family dwelling use . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2585 Peconic Lane , Peconic , New York ; 1000-74-03-20 . 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; (Zj . This is an application concerning use of premises and is not directly; related ,to new construction . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. { Southold Town Board of Appeals -33- January. 8 , 1987 Regular Meeting SCHEDULE OF PUBLIC HEARINGS FOR NEXT MEETING : On motion by Mr . Douglass , seconded by Mr. Sawicki , it was RESOLVED , to schedule the following matters for public hearings to be held on THURSDAY , FEBRUARY 5 , 1987 at the Southold Town Hall , Main Road , Southold , New York , and BE IT FURTHER RESOLVED , that the Board Secretary , Linda Kowalski , is hereby authorized and directed to publish Notice of the following hearings in the local and official newspapers , the Suffolk Times and Long Island Traveler-Watchman accordingly : 7 : 35 p .m. Appeal No . 3601 - MARGARET AND JOSEPH BEST. Addition at the southerly side of existing dwelling with insufficient setbacks from existing bulkhead and rearyard property line . ROW off the east side of Camp Mineola Road , Mattituck . 1000-123-06-17 . 7 : 40 p .m. Appeal No . 3599 - SAMUEL S . COHEN . Garage in front and side yards . ROW off S/s Indian Neck Road , Peconic . 1000-98-5-18 . 7 : 45 p .m. Appeal No . .3598 - DANIEL AND IRENE McKASTY . Pool with fence enclosure and cabana within 75 ft . of bulkhead . 13220 Main Road , East Marion . 1000-31 -14-12 . 7 : 50 p .m. Appeal No'. 3595 - DONALD J . GRIM. Variance for insufficient frontyard setback in this ' C-1 Zone . S/s Oregon Road , Cutchogue . 1000-83-3-part of 4. 4. 7 : 55 p .m. Appeal No . 3462 - HERBERT R. MANDEL : Six area variances resulting from proposed three-lot minor subdivision . 9355 Main Road , East Marion . 2 . 918 acres . 1000-31 -03-11 . 25 . 8 : 05 p .m. Appeal No . 3590 - THOMAS J . AND CATHERINE ZIMMERMAN . Addition to existing nonconforming structure which exceeds 50% of fair value . 265 Rochelle Place , Mattituck . 144-04-09 and 08 . 8 : 10 p .m. Appeal No . 3604 - ROBERT AND EILEEN VILLANI . 280-a . E/s Indian Neck Road , Peconic . 1000-86-6-3 & 10 . 8 : 15 p .m. App-eal 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 No . 1584. 32400 CR 48 , Peconic . 1000-74-4-7 . 1 (6 & 7 ) . 8 : 25 p . m . Appeal No . 3597 - ROBERT AND HELEN DIER. Special Exception for accessory apartment . 355 Terry Lane , Southold . 1000-65-7-20 . VOTE OF THE BOARD : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted: Southold Town Board of Appeals -34- January 8 , 1987 Regular Meeting UPDATES : The Board was updated on each of the following pending matters : Appeal No . 3542 - TIDE MARK (CLIFFSIDE ASSOCIATES ) . 76-motel units in six buildings in this "M-l " Multiple Residence Zone District . N/s CR 48 , Greenport. Received from Planning Board 12/22/86 copy of requested affidavit from .Neil Esposito , partner of Cliffside Associates as to Village installations and hook-ups for 76 motel units . Await County Health Department approval and copy of signed Village contract . Appeal No . 3592 - BENTE SNELLENBURG . Appeal from Order Requiring Building Permit to replace fence at 1935 Private Road #10 , Southold . The Board had no objec- tion to scheduling this matter for our next meeting ; however , it has been requested by the applicant to calendar this matter during mid February since they are out of State at this time . Appeal No . 3602 - MARGARET McNAMARA. Addition to dwelling within 75 feet of bulkhead and in excess of maximum-permitted 20% lot coverage . 640 Takaposha Road , Southold . The board indicated that this matter could be scheduled for a public hearing following receipt of the following information : 1 . Three copies of a sketch or survey indicating the square footage and percentages of all existing and proposed construction , including accessory buildings . 2 . Confirmation of the distance at the closest point of the existing , and proposed construction , from the bulkhead . 3 . Waiver or other action by the Town Trustees ; 4 . Waiver or other action by the N . Y . S . D . E . C. (661 . 5 ) . Appeal No . 3439 - ARNOLD AND KAREN BLAIR. Variances for insufficient area an width in re-division , Cedar Lane and Beach Court , East Marion , Gardiners Bay Estates , Lots 151 through 172 , inclusive incl . adjoining roads . Await PB, Health Dept Art . 6 approvals/comments . [Building envelopes of buildable areas to be provided . ] Southold Town Boai _ -`of Appeals =35- January 1987 Regular Meeting _(-Up_dates ,continued : ) Other Matters Pendin Public Hearings (**awaiting additional Information as noted}? , continued : ( ) Appeal No. 3299 - DOUGLAS MILLER. Variance to include wetlands in subdiv Sion which mould 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 . E/s Meadow Lane , Mattituck . **Await Trustees action/approval . 01ealth Dept , approval and.•DEC'waiver received. ) Appeal No. 3355 - PAUL & -MARIETTA CANALIZO. Variance to construct with insufficient setback in frontyard and from wetlands. **Await DEC and wetland setbacks map . - Trustees reviews pending . ( Appeal No. ' 3214 - HANAUER & BAGLEY. Variance for approval of two lots-. av ng insuf icient upland , build- able area . DEC waiver and Planning. Board received . **Await Co. Health hnd Trustees . Lighthouse Road and S/s. Soundvlew Avenue , Southold. ( ) Application for LOIS AND FRANK, THORP. E/s West lane and S/s North 'Lane private F 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 : fee g partrnent reissuance of filin g , Postmarked certified-mail receipts , etc.. ( ) Appeal No. 3293 - HAROLD AND JOSEPHINE DENEEN . Variance- for approval of three parcels av ng nsuf 'icientarea , width and depth. W/s ROW off the S/s 8ayview - Road (west of Waterview Drive) ,: Southold. 280.-a not requested. **Await Co. Health Art. VI and DEC a ' pprovals/action. ( ,). Appeal No. 3252 - JOHN CHARLES b M. SLEDJESKI . Variance appealing decision qf P anning Doard of 1/2/(34 that buildable area in proposed division. is less than 80 ,000 sq . ft . (excludes wetaand 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 River Road and S/s Main Road , Orient . **Await Co. Health Art . VI and SEQRA. Appeal No. 3367 - LOIS AND PATRICIA. LESNIKOWSKI . Variance fora royal of two PP parce s av ng insufficient area and width. S/s North Drive , Mattituck . **Await UEC . build- ing envelopes and setbacks not shown. sinccr enactment of Local Law - Wetlands . Setbacks . Southold Town Bc'-. d of Appeals -36- January 8 , 1987 Regular Meeti_n_g. _ Other Matters Pendin Public Hearings (**awaiting additional Information as noted , continued : Appeal No. 3371 - FLORENCE ROLLE . ' Variance for approval of two parcels having insu c ent area , width and depth. E/s Ole Jule Lane and N/s Kraus Road , Mattituck . **Await Article VI application/approval by Co . Health and poss . DEC. ( j Appeal No. 3342 - PHILIP R . REINHARDT . Variance for approval of two parcels having nsufficient area and width. **Reces•sed from 5/25/83 as requested by attorney for County Health Department Art. VI approval /clearance (and DEC) ; Appeal No. -3216' 'EUGE? AV! 5Of . cc` living quarters over stable .� � te App�i.c.a-nt--h-&s— dquestod postponement t-1-1--furthYF nee and Planning Board revier,s . ( ) Appeal No. 3191 - HERBERT MANDEL . Variance to change lot line and construct garage in front/side yard areas . E/s Inlet Lane Extension , Greenport : . Premises of R . E . Clempner and Herbert Mandel are contiguous . **Await DEC & PB. ( . ) Appeal No. 3249 - 'DONALD P. BRICKLEY . Variance for approval of lots having insufficient area .and width . S/s ©ay Avenue and E/s Droadwater Drive , Cutchugue . **Await DEC, Art . VI by County Health, and contour (naps . ( ) Appeal N o . 3�''6 3---T�B&�R-i 1U� Q,-;-ff� —f r�r—R q '-e'f, Condition No . 1 and the May 27 3--Ldec4-s+ovn'-s­ reili-re in Appeals No .2 Xp:2picant . . . Requ.estS -a . Recessed from 9/13/84 as for status have been ( ) Appeal No . 3268 - 'J . 'KATHERINE: TUTIJILL . Variance for approval .-.of parcels having nsufficient area , width and depth in this "C". zone. h*Await DEC and Co . Health Art . V1 application/actions . Planning Board recommundcd denial 9/84 . ( I' Appeal No: .3537 - ROBERT AND SUSAN D' URSO . Breezy Path , Southold . Await D. E. C. ,Clleai0 an, rustee after formal applications to fomplete ZBA ' file . ; . ) Appeal No . 3545 - PATRICK STIGLI:ANI . Main Bayview Road , Southold . Await Co. Health Art . V1 and PB coordination . A * re P i e3 e -D€G,--6e ke—�eif+p-) -- S€$#A-p roce-ss—pending . ( ; Appeal No. 3546 - GREGORY FOLLARI . Relief of ZBA condi - tion requested concerning disturbance of soil. at Sound bluff. Await DEC acti6n to alter bluff areas .before proceeding . ( Apppeal ,No . 3564 JOHNDEMPSEY . No record of approval of Lot #Z , Minor Subdivision of Raeburn-Murphy ( 1979 ) . ROW off N/s Oregon Road , Cutchogue . R. Bruer , Esq . 1 • ;Pa'ge, "37 - - January 8 , 1987 - Board of Appeal s Regul ar Meeting ( Updates , continued : ) Other Matters Pdnding Public Hearings (**awaiting additional Information) continued ( ) Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to establish and build four two-story motel buildings contain- ing 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. " S/s Main Road , Greenport (along the east side of 7-11 ) . "Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before approval may be given . ( Appeal No. 3298 - PORT OF EGYPT/C ✓4 L REALTY . Variance to construct forty-un t •mote.F n'�insui�fic tit 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 mea sea level , Suffolk County Health Department approval , N . Y . S . Department of Environmental Conservation approval , comments or input after review of .-the site plan by the Planning Board: 10/9/84: ( ) Appeal No. 2929 - 'SAL CAIOLA . Project proposed is ques- tionable. as to representation . Status/clarification awaited. N/s C,R.. 48 , Southold. Appeal No. 3183 - MARY N .. CODE . Smith Drive , North , Southold .Proposed reseparati.on of .lots . Await DEC and Planning (Board applications to be completed and filed for input . ' Appeal No. 3274 - 'REST SCHMITT , SYVERSON . ROW off E/s Camp Mineola Road along r'� eat Pecon—ic liay; -Matti tuck . **Await Co. Health., DEC and Planning Board before public hearing. ( ) Appeal No . 3558 - NI•Ck AND ANNA PALEOS . 3 lots-insufficient area , width , depth. s R I3 , Peconic (formerly Hass ) . Await Art. 6 subdivision approval before scheduling . (P. B. review 10/6/86) . Henry Raynor , agent. ( ) Appeal No. 3561 - DOROTHY L . ROBERTSON. Area , width , depth two lots . S/s Northview Drive , Orient. R. Bruer , Esq . Await Art . 6 . ( ) Appeal No: 3581 ' - GEORGE ' DAMIEN., Jackson Street , , New Suffolk . Area , width , depth variances . Await Arta 6 per Co . Health Department communications . Southold Town Board of Appeals -38- January 8 , 1987 Regular Meeting ( ) Appeal No. 3445 - JULIUS ZEBROSKI : Variance for approval of two lots having nsufficient area . E/s Waterview Drive and N/s Bayview Road , Southold . **Await Article VI approval and copy of C .O. for existing land and buildings [previous lot-line changes and conveyances ?) . PB comments received. Appeal No. 3458 - FRANK ZALESKI . Three-lot division with lots having insuffTc4ent .are4 , .width and depth. Await " Co . Health Art. 6 and DEC. ( ; ) Appeal No. 3549 - JOAN KALIN AND BETSY_GIBBS . amw ( ) Appeal No . 3511 - KAPELL REAL ESTATE/LIMPET . Area , width and,- depth variances . Brown St , Greenport . **Await Co. Health approval /waiver by advertising deadline . ( ) Appeal No. 3449 - FRANK AND ETHEL BEGORA. ' Variance for approval of" three parce s having insu f cient area , depth and width. N/s Main Road , East Marion . **Await County Health Art. VI , corrected maps and P'.B. reviews after , . submission of maps . i ( , ) Appeal No. 3403 - 'ANNA, LORIA. Variance for approval of two parcels hhving sufficient area , width and depth. W/s First St . and N/s King St , New Suffolk. "Await-1 Co. Health Art. VI appil .* and approva-1 /waiver. � ) Appeal No. 3426 - GERALD DOROSKI . Variance for approval of access (280-a) . F/-s C .R. 48 , Pec:onic . **Await additional information to clarify ROW and P .B. input. (: ) Appeal No. 3411 . ANDREW FOHRKOLB. , ...Variance to restore existing building or: habitable use ._ (additional dwelling unit) . W/s Lipco R6ad , Mattituck . **Await scaled floor plans and C .O. or PreCO. ( ) Appeal No . ' 3514 GEORGE P . SCHADE . Area , width and ;! depth variances . .. (-Await . Realth Art . 6 waiver before ( ) Appeal No. 3495 - JOHN AND GLORIA SH:IRVELL . Area , width and depth variances . : N/s Pine Tree Road , Cutchogue . (Await Co. Health Art.. 6 waiver/appr:oval before adv . ) i ( ) Appeal No. 3496 - FREDERICK .KOEHLER,. JR. Cabana/beach house structure vgithin 75 feet of water along Cutchogue Harbor. N/s O'ld 'Narbor Road , Cutchogue . (Await Co . Health approval before advertising ) :. i Southold Town Board of .Appe.als -3.9- January 8 , 1987 Regular Meeting ( Updates , continued : ) Appeal No . 3600-SE : T. LUCAS AND G . & A.. 'BELIS. Special Excep- tion to allow 70 motel units on 7..0.516 acres_ zoned °B-Li_ght" Business , 4 ,000 sq . ft . land area per unit with Village water . S/s Main Road (previousl,y golf-driving range ) , Greenport. On motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , to hold the Matter of T. LUCAS AND G. & A. BELIS (filed by Peconic Associates ) under No . 3600 temporarily in abeyance pending receipt of the following : 1 . One complete set of each building floor plan (including heights above ground elevation ) ; 2 . Map showing contour variations of the property ; 3. Copy of executed agreement or contract with the Village of Greenport concerning public water ; 4. Affidavit from the property owner that the premises will be served by Village of Greenport water utilities ; 5 . Input as to recommended changes under site plan elements which may be in conflict with layout of buildings under consideration from the Planning Board . 6 . Copy of preliminary approval or other action from the Suffolk County Health Department for this development and types of sewage systems to be installed . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . DISCUSSION : Correspondence dated December 10 , 1986 from the Board of Town Trustees concerning marinafor not more than six noncommercial boats granted August 10 , 1966 under Appeal No . 941 to Ernest H . Wilsberg , West Creek Estates , Glenn Road , Southold. The Town Trustees have asked for an investigation of the property . (No action was taken by the Board at this time except for monitoring . ) Enforcement of any violations must .6e initiated by the Building Inspector and/or .other enforcing office of the town . Southold Town Board of Appeals -40- January 8 , 1987 Regular Meeting NEW APPEAL : Appeal No . 3603 : ' JAMES CROSS . Variance for insufficient lot area . Property . located on the north side of the Main Road , Cutchogue, In reviewing the application , the board noted that upon receipt of input concerning the subdivi- sion elements from the Planning Board , this matter would be scheduled for the next available hearing date (expected latter. February ) . CORRESPONDENCE : Appeal No . 3589 : 'MARY M00NEY-GETOFF. Variance for insufficient, lot area , width and depth in this proposed five-lot minor Subdivision at W/s Cedar Avenue , Southold . . The . Board reviewed Mrs . Getoff' s request that her area variance application be scheduled for public hearing without requiring application to the Town Planning Board :. Her reason is ,-that if .the ..:Z B: A:. . denies the variance appli - cation , the Planning Board subdivision application fee would not be refundable . The Secretary said that she was asked Mrs . Getoff to reiterate .her request and that Mrs . Mooney ' s cost for filing a new application with the Planning Board was indicated to be about $650 . 00 , ,or $1 ,600 for a five-lot major . Four lots could be a minor . The Board indicated that they are a'waitin_g County Health , Article 6 comments after appropriate filing by the applicant , and are not in a position at this time to schedule this matter for a public hearing . PENDING COMPLIANCE : Appeal No . 3347 : ALICE SZALA. Pending 280-a conditions adopted by the ZBA June " 13 , 1985 . Acceptance of the improvements to the right-of-way in question , located along the south side of Main Bayview Road , known as "Williamsburg Drive , " Southold was requested verbally in behalf. of Mr . and Mrs . Erik Hansen . John W. Davis Report No . 558 dated December 20 , 1986 (to the Planning Board ) was reviewed and the right-of-way was inspected . The board took the following action : On motion by Mr. Sawicki , seconded by Mr . Goehringer , i t' was RESOLVED , that the improvements as inspected by John W. Southold Town Board of Appeals -41 - January 8 , 1987 Regular Meeting (Appeal No . 3347 - SZALA right-of-way , continued : ) Davis (Report No . 558 dated December 20 , 1986 ) and approved by the Planning Board (Resolution of December 22 , 1986 ) , BE AND HEREBY IS ACCEPTED , SUBJECT TO THE FOLLOWING REQUIREMENTS : 1 . That the right-of-way be maintained at all times in good , satisfactory condition ; 2 . The conditions here.un'der shall app'ly 'to --all lots abutting and requiring access over this right-of-way:.. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawick.i. . This resolution was unanimously adopted . Being no other business properly coming before the board at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at 10 : 40 p .m. Respectfully submitted , Linda F. Kowalski , Secretary Southold Town Board of Appeals L A roved 2/5/87 - Ger d P. Goehringer , Chairman Pp . 1 -41 BY - r�_aL s�.i t..J'6J L1:i.'�..,'.::�� - `•i."1 '6a�i.+.4_: ':s:e D 1- w� Tovm r?cy1c ,?