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Southold Town Board. of Appeals
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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 , MAY 12., 1988
A Regular Meeting of the Southold Town Board of Appeals
was held on THURSDAY , MAY 12 , 1988 commencing at 7 : 15 p .m .
at the Southold Town Hall , Main Road , Southold , New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Serge
Doyen ; Robert J . Douglass ; and Charles Grigonis (arr. 8: 00 ) ,
constituting four of the five Board Members . Absent was :
Joseph H. Sawicki (out-of-state ) . Also present were : Victor
Lessard , Executive Administrator (Building Department) , Linda
Kowalski , Secretary to the Board of Appeals , and approximately
10 persons in the audience at the beginning of the meeting .
The Chairman proceeded with the first item on the agenda ,
as follows :
DELIBERATIONS/DECISION : Appl . No . ' 3716 :
Application of ROBERT E : 'WALDRON , JR . for a Variance to the Zoning
Ordinance , Article XI , Section 100-.119. 2 for. permission to construct
deck addition at rear of existing dwelling which is less than 75 feet
from the mean highwater mark along dredged canal at James Creek , Matti -
tuck , NY . Location of Property : 2980 Ole Jule Lane , Mattituck , NY ;
County Tax Map Parcel No . 1000-122-4-17 .
The Board deliberated and took the following action :
T
Southold Town Board of Appeals -2- May 12 , 1988 Regular Meeting
(Appl . No . 371,E - WALDRON decision , continued : )
WHEREAS , a public hearing was held and concluded on April 14 ,
1988 in the Matter of the Application of ROBERT E. WALDRON . under
Appl . No . 3716 ; and,�.-_C'.
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 in the "A" Residential
and Agricultural Zoning District and is identified on- the Suffolk
County Tax Maps as District 1000 , Section 122 , Block 4 , Lot _17 .._
2 . The subject premises is a described parcel of -land- con-
taining a total area of one-half acre with 65 . 0 ft._ fron_tage along
the west side of Ole Jule Lane in the Hamlet of Mattituck ,. Town
of Southold .
3 . The premises 'in question is improved with a single-
family , two-story frame house and garage. with a setback at_ 66 . 3
feet from its closest point to the front property line (along Ole
Jule Lane ) , sideyards at 10 . 0 and 14. 2 feet at their closest
points , and setback from the mean .highwater mark at ap_proximately
49 feet , all as shown on sketched survey dated October_ 26 , 1987.
prepared by Peconic Surveyors & Engineers ., P . C.
4. By this application , appellant requests a Variance from
the Provisions of Article XI , Section 100-119. 2 ( B) for the ap_proval
of an enlarged open deck of a size 12 ' x .38 ' at the rear (westerly)
end of the existing dwelling/deck construction for a proposed
setback at 46± feet from the mean highwater mark along the
dredged canal of James Creek and 40± feet from the. edge of
the wetlands line shown on the October 26 , 1987 survey.
5 . Article XI , Section 100-.119. 2 ( B) of the Zoning Code
requires all buildings and structures. located on lots adjacent
r
Southold Town Board of Appeals -3- May 12 , 1988 Regular Meeting
(Appl . No . 3716 - WALDRON decision , continued : )
to tidal water bodies other than the Long Island Sound to be set
back not less than seventy-five (75 ) feet from the ordinary high-
water mark of such tidal water body , or not less than seventy-five
feet (75 ) feet from the landward edge of the tidal wetland , which-
ever if the greater distance .
6 . It is noted for the record that during the time period
of this application process , amendments have been proposed by
the Southold Town Board concerning Section 100-119. 2 ( B) , and
that on or about May 25 , 1988 , Local Law #15-1988 was filed
with the Secretary of State which excepted those parcels
which are not bulkheaded and which have been reviewed and
approved by the Southold Town Trustees under Chapter 95
of the Code of the Town of Southold . This amendment was
not in effect at the time of this Board ' s decision , but
is in effect at the time of filing of this decision with
the Town Clerk ' s Office .
7 . For the record it is also noted that this property
was the subject of prior conditional approvals by the Board
of Appeals under Appl . No . 1233 on March 13 , 1969 , and under
Appl . No . 1445 on July 29 , 1971 , concerning insufficient
road frontage and insufficient frontyard setback for a new
single-family dwelling .
8 . The Courts have held that the area setback variance
must meet the "practical difficulties" standard , considering
at least the following :__ (a) the relief requested is not
substantial in relation to the requirements ; (b) the project
as proposed is not. out of character with the neighborhood ;
(c ) the circumstances of the property are unique and the
circumstances are not personal in, nature ; (d) the variance
will not in turn be adverse to the safety , health , comfort ,
convenience , or order of the town ; (e ) the variance requested
shall be the minimal necessary; (f) there is no other method
feasible for appellant to pursue other than a variance .
9. It is the opinion of this Board that: (a ) the relief
requested in relation to the existing nonconforming setback..
from the existing wetlands line and in relation to those
structures generally existing in the immediate area is not
substantial ; (b )_. _ the project asp;ropos.ed' is not out of
character with the neighborhood; (c ) the circumstances of
the property are unique as to its nonconforming wetlands
Y
Southold Town Board of Appeals -4- May 12 , 1988 Regular Meeting
(Appl . No . 3716 - WALDRON decision , continued : )
setback , nonconforming lot area , width and depth , and as
to its shape and character; (d) the variance will not in
turn be adverse to the safety , health , welfare , comfort ,
convenience , or order of the town ; (e ) the variance requested
is the minimal necessary ; (f) there is no other method
feasible for appellant to pursue other than a variance .
In view of all the above factors , motion was made by
Mr. Goehringer , seconded by Mr. Douglass , to GRANT the
. Va.r. iance - as . applied - under -_Ap.pl . No . 3716 in the Matter of
ROBE.RT E. -WAL_DR.ON .1 JR. WITH--:THE FOLLOWING 'COND.ITIONS :
1 . That no basement or cellar be constructed under
the deck proposed herein ;
2 . No lighting that will be adverse to other properties .
(All li_ghting_. must be shielded- to the property. )
3 . That an application be made to the Southold Town
Trustees as require.d. by Chapter 97 of the Code of the Town
of Southold .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen
and Douglass . (Members Grigonis and Sawicki were absent . )
This resolution Was duly adopted.
Member Grigonis arrived at 8 : 00 p .m . (illness ) .
( T
Southold Town Board of Appeals -57 May 12 , 1988 Regular Meeting
(Deliberations/Decisions )
DELIBERATIONS/DECISION : Appeal No . 3575 :
Application of ROSA J . HODGSON for Variances to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , for
approval of the insufficient area and width of parcel to be
set-off in this pending division of land. Location of Property :
North Side of Pine Neck Road , Southold , NY; County Tax Map
Parcel No . 1000-70-6-33 . Containing 7 . 152 acres total .
WHEREAS , a public hear.ing was held and concluded on
April 14 , 1988 in the Matter of the Application of ROSA J .
HODGSON under Appeal No . 3575 ;_. and
WHEREAS , at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS , the Board has carefully, considered all testimony and
documentation submitted concerning this application; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . The premises in question is a 7 . 152-acre_.parcel of land
having_ road frontage (lot width) of 1100 . 68 feet along the north
side of Pine Neck Road-. in the Hamlet of Southold , Town of Southold ,
as more particularly identified on the, Suffolk_. County Tax Maps as
District 1000 , Section 070 ,_ Block 06, Lot 33.
2 . The subject premises is improved with the following
structures as shown on. Drawing SP-1 dated September 26 , 1986 ,
prepared by Garrett A. Strang , Architect :
a. principal single- family dwelling;
b. accessory tennis court ;
C . accessory garden fountain , pavillion , and three
garden areas ;
Southold Town Board of Appeals -6- May 12 , 1988 Regular Meeting
(Appl . No . 3575 - HODGSON decision , continued : )
a. accessory garage building with apartment (referred
to as "existing cottage" ;
e. hedges;
f. fencing.
3. By this application, appellant requests variances from
the provisions of Article III, Section 100-31, Bulk Schedule, of
the Zoning Code for- approval of insufficient lot area of 45,000
sq. ft. for a parcel to be set-off (divided off) from the exist-
ing 7.152-acres, leaving a parcel of approximately six acres, as
shown on the proposed Set-off Map Drawing No. SP-1 prepared by
Garrett A. Strang, R.A. The parcel as laid out includes that
area to the north used as a private right-of-way for other nearby
residential parcels and is without frontage along a Town Street.
4. Article III, Section 100-31, Bulk Schedule, of the Zoning
Code requires a minimum lot area 'of 80,000 sq. ft. and minimum lot
width (or street frontage) of 175 feet. It is also noted that the
minimum setbacks for a principal building in this A-80 Residential
Zone District is 60 feet from the front property line and 75 feet
from the rear line. The "existing cottage" building would remain
apparently as the principal structure with insufficient setbacks
from the right-of-way to the north and from the property line to
the north. (Relief for setbacks was not requested in the instant
application. )
5. The amount of relief requested from the minimum required
lot area of 80,000 sq. ft. , when including the right-of--way land
areas shown, is 35,000 sq. ft. , or 44 percent. The amount of
relief requested when deleting the right-of-way land. area is
approximately 42,000 sq. ft. , or 53 percent less than that
required. The percentage of relief requested from the minimum
frontage (lot width) along a town street is 100 percent. It.
is the opinion of this Board that the relief requested is
substantial.
6. In considering this application, the Board also finds
and determines:
a. the variances requested are substantial;
b. the practical difficulties claimed are self-
created;
c. the practical difficulties claimed are not
sufficient to warrant a granting of the variances requested;
d. there is ample land available to meet the
lot size and frontage requirements and therefore there is
a method feasible for appellant to pursue other than a
variance;
e. the Master. Plan Amendments as proposed by
the Town have not been adopted and accordingly the law
that exists at the time of a decision will apply (Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471
NYS2d 669 fl984,. 2d Dept. } ) ;
Southold Town Board of Appeals -7- May 12 , 1988 Re.g,ular Meeting
(Appl . No . ' 3575 = 'HODGSON decision, continued : )
f.. sig.nifi.cant economic injury has not been
demonstrated by dollars and cents proof;
g . in view of all the above factors and in
view of the -manner in which the difficulties
arose ,. the interests of justice will be served
by denying the relief requested .
Accordingly , on motion by Mr. Douglass , seconded by Messrs .
Goehringer and, G_rigonis , it was
RESOLVED , that the relief requested under Appeal No . 3575
in the Matter of the Application of ROSA J . HODGSON , BE AND HEREBY
IS DENIED AS APPLIED .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Doyen and Douglass . (Member Sawicki was absent [out of state] . )
This resolution was duly adopted.
OPEN RECESS : WITHOUT DATE : Appl . No . 3701 - Matter of
CHARLES Z HR . The Board was updated on the recent postponement
at the May 7 , 1988 Supreme Court hear.i;ng on the Order to Show
Cause in this matter. The Supreme Court Judge postponed this
matter , as agreed by both parties , until June 22nd. The Board
agreed that this matter should not be advertised for a continued
public hearing which was previously adopted with a date of
June 14 , 1988 .
On motion by Mr. Goehringer , seconded by Mr. Douglass , it
was
RESOLVED , to hold the Matter of the Hearing of 'CHARLES
ZAHRA under Appl . No . 3701 without a date , pending further
notice by both the Town Defense Attorney and the .ap_plicant ' s.
attorney.
Vote of the Board: Ayes : Messrs . Goehringer, Grigonis ,
Doyen and Douglass . (Member Sawicki was absent.. (out-of-state ) )
This resolution was duly..adopted.
Southold Town Board of Appeals -8- May 12 , 1988 Regular Meeting
DELIBERATIONS/DECISION : Appl . No. 3709 :
Application of EDWARD AND ORTRUD HANUS for a Special Exception to
the Zoning Ordinance , to establish one new Accessory Apartment in the
existing dwelling structure in accordance with the requirements of
Article III , Section 100-30 (B) , subsection 15 . Location of Property :
635 Lupton ' s Point Road , Mattituck , NY ; County Tax Map District 1000 ,
Section 115 ; Block 11 , Lot 3.
The Board deliberated and took the following action :
WHEREAS , public hearings were held on February 18 , 1988 and
April 14 , 1988 , in the Matter of the Application of EDWARD_AND ORTRUD
HANUS under Appl . No . 3709; and
WHEREAS , at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS , the Board has carefully considered all testimony and
documentation submitted concerning _this application ;., and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question_, its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . By this application , applicants request a Special Exception
to the Zoning Ordinance , Article III , for permission to establish an
"Accessory Apartment" in an existing principal single-family dwelling
and in accordance with all the requirements of Section 100-30 (B) ,
subsection 15 thereof.
2 . The premises in question is located in the "A" Residential
an.d Agricultural Zoning District , containing a lot area of approxi -
mately one-half acre with 100 . 0 ft. frontage along the north side
of a, private right-of-way .known and referred to as Lupton ' s Point
Road , Mattituck .
3 . The subject premises is identified on the Suffolk County
Tax Maps as District 1000 , Section 115 , Block 11 , Lot 3 , and is
improved with a two-story , single-family dwelling structure set
back approximately 84 feet from the right-of-way as more particularly
Southold Town Board of Appeals -9- May 12 , 1988 Regular Meeting
(Appl . No . 3709 - HANUS decision , continued : )
shown on survey dated February 11 , 1969 , prepared by VanTuyl & Son .
4. It appears from the information furnished and from
the 'Town assessment records the existing dwelling contains a
livable floor area of approximately 2500 sq . ft. Seven-Hundred-
Ninety (790 ) sq : ft . is proposed for the Accessory Apartment
and the remaining square footage will be retained for the
principal dwelling unit .
5. Parking plans have been submitted in behalf of the
applicant for additional parking within and along the driveway
area . It is noted that there is an existing one-car garage
which is permitted to be used as one parking space. The
.Bulk and Parking Schedule of the Code requires two spaces
for the principal dwelling use , which exists at the present
time. The Accessory Apartment will be required to have
two parking spaces . The total number of parking spaces for
the principal dwelling and accessory apartment is four :
three spaces plus the garage space .
In considering this application , the Board finds and
determines that : (a) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts ; , (b)_: the use will not
adversely affect the safety , welfare , comfort , convenience ,
or order_ of the town ; (c_) the_ use is in harmony with and
will promote the general purposes and intent of zoning.
The Board has also considered subsections [a] through [1 ]
of Article XII ,. Section 100-121 (C) [2] of the Zoning Code .
Accordingly , on motion by Mr. Goehr.inger , seconded by
Mr. Doyen , it was
RESOLVED , that a Special Exception for. an "Accessory
Apartment" as provided in Article III , Section 100-30 ( B) [1.5]
of the Zoning Code , as applied _in the Matter of the Applica-
tion of EDWARD AND ORTRUD.'HANUS under Appl . No. 3709 ,
BE AND 'HEREBY 'IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Compliance with Subsections (a ) through (q ) of the
Zoning Code ; ..
2 . Three on-site parking spaces , in addition to the
Southold Town Board of Appeals - 10- May 12 , 1988 Regular Meeting
(Appl . No . 3709 = HANUS decision , continued : )
garage which will be used as a fourth parking space .
3. No backing out onto the private right-of-way,
4. Accessory apartment not exceed 790 sq . ft . , as applied .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
and Doyen . (Members Grigon_is and Sawicki_ were absent . ) This
resolution was duly a.dop_ted .
APPROVAL OF MINUTES: On motion by Mr. Goehringer , seconded
by Mr . -Douglass ,-. 'it was
RESOLVED , to approve the Minutes of the following Meetings
of the Southold. Town . Board of Appeals :
March 3 , '1988 Special Meeting ,
March 17 , 1988 Regular Meeting ,
April 7 , 1988 Special Meeting ,
April 14 , 1988 Regular Meeting.
Vote of the Board: All . (Members Grigonis and Sawicki
were absent . )
Southold Town Board of Appeals -11 - May 12 , 1988 Regular Meeting
DELIBERATIONS/DECISION :
Application of BERNARD KIERNAN. Variance to the Zoning Ordinance ,
Article XI , Section 100-119 . 2 for permission to construct additions to
dwelling and accessory structure (s ) within 75 feet of ordinary .high-
water mark along Southold Bay. Location of Property: 1605 North
Parish Drive , Southold , NY ; County Tax Map Parcel No . 1000-71 -1 -15 .
The Board deliberated and took the following action :
WHEREAS , a public hearing was held and concluded on April 14 ,
1988 in the Matter of the Application of BERNARD KIERNAN under Appl .
No . 3715 ; 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 on the north side
of North Parish Drive with frontage ( lot width) of 155 .0 feet
and total.__ lot area of 29 ,760 sq . ft .
2 . The subject premises is identified on the Suffolk
County Tax Maps as District 1000 , Section 71 , Block 1 , Lot 15 .
3. The premises is improved with a two-story , single-
family dwelling with attached garage as more particularly_
depicted by town assessment records and Site Plan prepared
by Garrett A . Strang , Architect dated February 3 , 1988 .
4 . By this application , appellant requests a Variance
from the Provisions of Article XI , Section 100-119. 2 ( B) of
the Zoning Code for permission to construct raised deck
with landing addition at 40 feet , accessory gazebo at 35
feet , and secondary grade-level construction at not less
than 37 feet , all at the nearest point from the highwater
mark along Southold Bay [see Site Plan Drawing #SP- 1 dated
February 3 , 1988 , and Drawing A-1 dated March 8 , 1988 for
all dimensions , elevations., size and shape] .
5 . Article XI , Section 100-119. 2 (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
Southold Town Board of Appeals -12- May 12 , 1988 Regular Meeting
(Appl . No . 3715 - KIERNAN decision , continued::: )
seventy-five (75 ) feet from the landward edge of the tidal
wetland , whichever is the greater distance .
6 . For the record , it is noted that the dwelling
structure as exists is presently nonconforming with an
insufficient setback at 64 feet from the ordinary highwater
mark , and 50 feet from the existing bulkhead .
7 . Also shown on the maps submitted hereunder are
stairs and stairway landings proposed northerly of the
deck additions which are deemed not within the purview
of this Board and are subject to review and consideration
by the Southold Town Trustees under Chapter 97 of the
Code of the Town of Southold.
8 . In considering this application , the Board finds
and determines : (a) that the dwelling as exists has a
nonconforming setback; (b) that the variance in relation
to the existing nonconforming setbacks in the area is not
substantial ; (c ) that there will not be an increase in
population density by this variance and accordingly no undue
burden on available governmental facilities ; (d) the grant
of this variance , as conditionally noted below , will not
produce a substantial detriment to adjoining properties ;
(e ) the practical difficulties are unique to the property
and are not personal in nature ; (f) there is no other
method feasible for appellants to pursue other than a
variance ; (g ) in view of- the manner in which the diffi -
culties arose and in consideration of all the above factors ,
th_e interests of justice will be served by allowing the
variance , with .the following conditions .
Accordingly , on motion by Mr. Douglass , seconded by
Mr. Grigonis , it, was
RESOLVED , to GRANT a Variance under the Provisions
of Article XI , Section 100-119 . 2 (B) of the Zoning Code in
the Matter of Appeal No . 3715 - BERNARD KIERNAN for the
construction of a main deck , deck landing , gazebo (and
deck construction at grade ' level ) ,SUBJECT TO THE FOLLOWING
CONDITIONS :
Southold Town Board of Appeals -13- May 12 , 1988 Regular Meeting
(Appl . No . 3715 - KIERNAN decision , continued : )
1 . No structures be located closer than 25 feet to
the outer edge of existing bulkhead ;
2 . The deck landing (if raised) shall be not closer
than 25 feet to the outer edge of existing bulkhead ;
3. The decks and landings remain open , unroofed and
unenclosed [as proposed] ;
4. Any- and all lighting shall be shielded to the
property;
5 . Ground area near and around piles for stairs must
be replanted to aid in the prevention of erosion ;
6 . All structures shall be built in a manner as to
prevent erosion .
7 . Construction of stairs and stairway landings
shall be built in accordance with Town Trustee and Building
requirements , and vegetation shall not be adversely affected .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Absent was : Member Sawicki . ) This
resolution was duly adopted .
Southold Town Board of Appeals -14- May 12 , 1988 Regular Meeting
DELIBERATIONS/DECISION : Appl . No . 3722 - MANFRED KUERNER.
Application for MANFRED KUERNER for , Variances to the Zoning
Ordinance , Article XI , Section 100-119. 2 , and Article III , Section
100-31 , Bulk Schedule , . for perm„issi.on to extend garage an additional
..two feet from that .previously granted under Appl . No . 3706 and to
construct additional living area at rear of dwelling with reduction
of .nonconforming si_deyard at the north .and south sides , insufficient
total sideyards , excessive lot coverage , and within 75 feet of
bulkhead .along highwater of, ."Old Cove" [a/k/a Arshamomaque Pond] .
Location of ,Property : East Side of Carole Road , Southold , NY;
County Tax Map _Parcel No . 1000-52-.2-3 .
The Board deliberated and took the following action :
WHEREAS , a public hearing was held and concluded on April 14 ,
. 1988. in the Matt-er of .the Application of .MANFRED KUERNER under
_Appl . No . 37.06 ;. and-.-
WHEREAS , 'at said hearing ,all. those who desired to be heard
we.re heard- -and their testimo.ny _recorded; and
WHEREAS , the. Board has carefully considered all testimony
and documentation submitted concern..i.ng this application ; and
WHEREAS , the Board Members have personally viewed and are
fa.m.iliar 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 shown on .the survey mapped
Apr,il .3 , 1981 by Roderick VanTuyl , P . C . to have a lot width
of .50 . 0 .feet (along the east side o,f Carole Road ) , and lot
„depth of100 feet , for a total of 5 ,000 sq . ft.
2 . The subject premises is located in the "A" Residential
and Agricultural_ Zoning District , is identified on the Suffolk
County. Tax„ Maps- as District 1000 , Section 52 , Block 2 , Lot 3 ,
and is improved with a single-family , one-story. dwelling as
shown by copy of survey mapped April 3 , 1981 , by Roderick Van-
T'uyl , P_. C . to be set back 2.4± feet from Carole Road , 25± feet
from the existing 'bulkhead , 52± feet from the most northeasterly
_sideyard , and ll.± feet from the most northwesterly sideyard ,
Southold Town Board of Appeals -15- May 12 , 1988 Regular Meeting
(Appl . No. 3722 - KUERNER decision , continued : )
and 16± feet from the southerly sideyard (at its closest point) .
3. By this application , appellant requests the following
relief to construct two separate additions
(a ) for a 5 ft. x 28 ft. addition at the rear of existing
dwelling with a reduction of the present nonconforming setback
from the bulkhead at not less than, 17 feet and from the north-
erly sideyard at its closest point at not less than 4.` 5" ;
(b) for a 12 ' x 22 ' garage addition , increasing the
size by an additional two feet from that ..previously ..granted
under Appl . No. 3706 on February 2 , 1988 , leaving. an. insuffi -
cient southerly sideyard setback at four feet at its closest
point and insufficient total sideyards at 9 (or 90 feet ;
(c ) lot coverage total of 1132 square feet.
(d) increased height of garage addition not to exceed
15 feet , rather than the 12 ft.. height limited under prior
_Appeal No . 3706 .
4. Article III , Section 100-31 , Bulk Schedule of the Zoning
Code requires minimum sideyards at _10 and 15 feet , for a total of
not less than 25 feet for both sideyards , And maximum lot cover-
age .at 20 .percent .
5 . Article XI , Section 100-.119 . 2 (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„ fro m the ordinary highwater mark of such
tidal water body , or not less than seventy-five (75) feet from
the _landward ed_ge of the .tidal wetland , whichever is the greater
distance .
6 . . For the record it is noted that under prior Appeal.
No . 3706 , action has been taken concerning both the rearyard
ad_di.tion and the garage addition rendered February 2 , 1988 ,
presently under consideration with modifications .
7 . The Courts have held that the area setback variance
must meet - the "practical di._fficulties" standard , considering
at least the fo,ll.owing. (a ) the relief requested is not
Southold Town Board of Appeals 16- May 12 , 1988 Regular Meeting
(Appl . No . 3722 �- KUERNER decision , continued :)
substantial in relation to the requirements ; (b) the project
as proposed is not out of character with the neighborhood ;
(c ) the circumstances of the property are unique and are not
personal in nature ; (d) the variance will not in turn be
adverse to the safety , . health , comfort , convenience or order
of the town; (e ) the variance shall be the minimal necessary ;
(f) there is no other method feasible for appellant to pursue
other than a variance .
7. The percentages of relief requested by this applica-
tion are substantial in relation to the current zoning
requirements .
8. In considering this application , the Board also finds
and determines :
(a) the setbacks of the existing dwellings are presently
nonconforming, including the applicant ' s dwelling ;
(b) the difficulties claimed are unique to the property ,
particularly due to its nonconforming size ;
(c ) the immediate area does consist of other lots with
similar situations ; however , the setbacks of the two neighbor-
ing properties from their existing bulkheads to the dwellings
are at 23 feet and 30 . 7 feet [now Stewart and Hribok] , and
the premises further north [now of Smulcheski ] having a setback
from the bulkhead at 26 . 5± feet . The closest setback from the
bulkhead was found to be that of Ippolito , four lots to the
north of the subject premises , at 17 feet;
(d ) the area consists of dwellings with nonconforming
sideyards , ranging from 5 . 5 feet , _and greater;
(e ) the grant of the relief requested for the easterly
rear addition , is out of character with the area and will create
further nonconformities , adverse to the spirit and intent of
the zoning ordinance ;
(f) there is no other method feasible for appellants to
pursue other than a variance , except for .a second-.story
addition ;
'(g) the relief requested as to the easterly [rear] yard
and northefly side' .yard. setbacks 'are not the minimal necessary;
(h) the "practical di ffi.cul ti es" test has not been
sufficiently satisfied as, required by -law to permit the entire
relief requested by this application ;,...
(i ) in considering this application , the interests of
justice will be served by granting the easterly [rear]
addition as applied , granting an increase in the limited
height of the 10 ft-. by 22 ft. garage addition from 12
Southold Town. Board of Appeals -17- May 12 , 1988 Regular Meeting
(Appl . No . 3722 - KUERNER decision , continued : )
feet to 15 feet high , and denying the further reduction
requested for the garage addition , and as furthe.r noted
below .
Accordingly , on motion by Mr. Douglass , seconded by
Mr. Goehringer ,, it was
RESOLVED , to GRANT the fo.11owing ' new construction
in the Matter of the App.lica.tion . of 'MANFRED. E : .KUERNER
under. . Appl ... No 3722 ; S_UBJECT. 'TO '.CONDTTT.ON.S. :NO .. :.l , 2
3 ,. and 4 RENDERED. .UNDER 'APPEAL "NO 3706 FEBRUARY 2 , 1988 :
1 . Rearyard addition of a size 5 ft. by 28 ft. with
setbacks of .not less than 17 feet from the existing bulkhead ,
and not less than. 4.' 5" from t_he northerly sideyard , as applied ;
2. Maximum height at one-story up to 15 feet (instead
of. 12 ft.. ) for. the l0 ft.. by 22 ft. garage addition , as.
applied , and with a continuously unobstructed and open
si_x.-ftm setba.ck from the south._e.rly sideyard;
3. Lot coverage in excess of 20% [if any] of the total
lot area , for the new construction noted .in Conditions #1
and #2 hereof.
. Vote of .the. Board : Ayes : Messrs . Goehringer , Doyen ,
Grigonis and Douglass : (Member Sawicki .,was absent. ) This
resolution was duly adopted .
Southold Town Board of Appeals -18- May 12 , 1988 Regular Meeting
DELIBERATIONS/DECISION : Appl . No . 3636 :
Application of TARTAN OIL CORP . for a Variance to the Zoning
Ordinance , Articles VI , Section 100-62 (B) ,. Article VII , Section
100-70 (B ) , for an Interpretation of "retail shopping center" and
for permission to establish convenience store as an accessory to
the existing gasoline-service station . Location of Property :
South Side of Main Road , West Side of Marratooka Lane , and East
Side of Sunset Avenue , Mattituck , NY; County Tax Map District
1000 , Section .1.15 , Block 3, Lot' 9. Zone District : " B-l " General
Business .
The Board deliberated and took the following action :
WHEREAS , public hearings were held in the Matter of the
Application- of,.JARTAN OIL 'C_ORP . under Appl . No . - 3636 on
February 18 , 1988 , and April .14 , 1988 ; and
.WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , written statements have been submitted. for the
record,.-..in favor and in opposition of the pending application;
and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are .
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following .findings of fact :
1 . This is an application requesting : (a) an In-terpreta-
tion of Article VI , Section 100-62 ( B) referring to shopping
centers ; and (b) as an alternative , a Variance to the Zoning
Ordinance , Article XII , Section 100-122 , from the one-acre lot
requirement for a retail shopping center.
2 . The property in question is located in the " B-l "
General Business Zoning District and is identified on the
Suffolk County Tax Maps as District 1000 , Section 115 , Block 3 ,
Lot 9 , containing a. total area of approximately 34 ,700 sq . ft.
Southold Town Board of Appeals -19- May 12 , 1988 Regular Meeting
(Appl . No . 3636 - TARTAN OIL CORP . , decision , continued : )
3 . The subject premises fronts along three streets as
follow : along the south side of the Main Road (or State
Route 25 ) 201 . 82 feet; along the west side of Marratooka Lane
185 . 95 feet ; and along the east side of Sunset Avenue 158 . 89
feet. The premises is surrounded by properties zoned "A"
Residential and Agricultural .
4 . The following information is furnished concerning
the premises , the existing building and structures , and
previously existing construction for the record :
(a) During 1956 , the premises was improved with an.
one-story frame building set back 21 feet from the northerly
front . property line [along the Main Road] and 71 ± feet from
the easterly front property line [along Marratooka Lane] ,
as more particularly shown by survey prepared by Otto W.
VanTuyl & Son surveyed June 8 , 1956 . Although there is no
gasoline pump shown on this 1956 survey , it is the Board ' s
understanding that that building was used as a gasoline
sales office and minor vehicle repairs , and that one gasoline
pump or island existed to the north of that building .
(b ) Some time subsequent to 1957 , the building
was removed , and another building was placed as more
particularly shown on the June 15 , 1970 Survey. prepared by
VanTuyl & Son which shows setbacks from the northerly front
property line at 60 feet and from the easterly front
property line at 40 feet. The record is unclear as to
whether or not this building was constructed under a
building permit and approval by any other town departments .
Town records do show that the subject premises during 1970
was zoned "A" Residential and Agricultural , and that a
gasoline-service station was not listed as a "permitted
use" [except in the "B-l " Business Zone District] since
April 1957 ;
(c ) On or about June 7 , 1965 , the Zoning Ordinance
provisions for the ." B-l " Business District were amended to
require a Special Exception approval by the Board of Appeals
for a building or premises to be us.ed as a gasoline service
station or public garage [Section 420-.2] ;
(d) On or about November 23 , 1971 , the Zoning Maps
were amended to include the rezoning of. this property from
Southold Town Board of Appeals -20- May 12 , 1988 Regular Meeting
(Appl . No. 3636V - TARTAN OIL CORP . decision , continued : )
"A" Residential -Agricultural to " B-l " General Business , and
including the requirement for Site-Plan approval by the
Planning Board in addition to Special Exception approval by
the Board of Appeals , etc .
(e ) No town approvals have been found during the
above time periods for the newly located building and/or
site as existed since its change in 1986 to the present time .
(f) The record is unclear as to issuance of
permits for the commercial buildin.g and site prior to 1970 ;
(g ) During 1986 or thereabout , the site and
building were changed , and as of this date , site-plan
approval has not been received from the Planning Board
as well as other zoning criteria which have not been
complied with , as follows :
1 . extensive blacktopping , eliminating natural
wooded areas and other natural landscaping ;
2 . relocation of one gasoline island from the
previous location to a point 10 feet from the northerly
property line ;
3 . creation of a second gasoline island
approximately 19 feet north of the building in the front-
yard area ;
4 . relocation of air pump in the westerly
front yard area ;
5 . creation of new colonnade with roof of
a size 24 ' wide by 59 ' deep in the frontyard area with an
insufficient setback of two feet [2 ' ] from the northerly
front property line , and extending over existing building;
(Article VII of. the Zoning Code requires a minimum setback
for buildings at not less than 35 feet from the front lines ) ;
6 . strucutural alterations of building ,
including , but not limited to , removal of two garage vehicle
overhead doors , placement of large picture window (s ) , new
store front , etc .
7 . new placement of three or more pole
lights which create glare beyond the lot lines ;
Southold Town Board of Appeals -21 - May 12 , 1988 Regular Meeting
(Appl . No . 3636V - TARTAN OIL CORP . decision , continued : )
8 . new placement of florescent (unshielded)
wall lights along the sides of the existing building for
a total running length of approximately 36 feet which do
appear to be adverse to surrounding properties when used in
conjunction with the overhead lighting under the roofed
colonnade and the separate lighting poles ;
9 . conversion of garage bays and front
office . area into a retail store for sales of beer ,
prepared foods , and other items which are not incidental
or accessory to the gasoline-service station use .[see
this Board ' s action rendered under Appl . No. 3633 same
date hereof] .
10 . location of a glass-enclosed telephone
booth at the most northeasterly corner of the premises
near the Main Road ;
11 . placement of new ground signs at
the most northeasterly corner of the premises near the
Main Road .
5. Also noted for the record is a Certificate of
Occupancy for Nonconforming Premises #Z14455 dated
May 30 , .1986 which appears to have been based on the
June 8 , 1956 Survey of Otto W. VanTuyl & Son for the
premises and building as existed prior to 1957 , but
which does not apply since the building referred to
has been removed from its original footprint, based upon
information submitted .
6 . Based on the facts in the record , it appears that
the applicant proceeded , as noted above , without appropriate
authorizations . The Board notes that there appear to be
several areas of noncompliance under the Zoning Code
(including but not limit.ed to Article VII , Sections 100-70 ,
100-71 , Bulk and Parking Schedule , _Article XI , Section
100-1.19 , Article XIII , Article XIV ) , such as setbacks ,
-site.-plan consideration and ..approval by the Planning Board ,
appropriate screening from the residential properties ,
appropriate traffic access and safety consideration ,
Southold Town Board of Appeals -22- May 12 , 1988 Regular Meeting
(Appl . No . 3636V —TARTAN OIL CORP . decision , continued : )
building and sign permits , unobstructed corners at each
intersection , curbing , shielded lighting) .
7 . In researching Town records , it is noted that the
only building permit issued appears to be for the construction
of the "canopy" under Permit #15833Z issued April 1 , 1987 .
8. Article VI , Section 100-62 of the Zoning Code reads
as follows :
100-62 . Retail Shopping Centers .
Notwithstanding any otrer provisions of this
Article, a building or a combination of buildings
containing retail stores, mercantile establishments,
offices, banks and financial institutions, commonly
known as shopping centers, may be erected or altered
in the B Business District, subject, however, to
the following requirements:
A. Approval of site development plans by the Planning
Board in accordance with Article XIII hereof.
B. The lot area shall be not less than one (1 ) acre
and the .lot width shall be not less than one hundred
fifty' (150) feet.
C. At least twenty-five percent (25%) of the lot area
shall be landscaped with grass and plantings.
D. The required front yards shall be not less than
thiety-five (25) feet, except that where the
property is in the vicinity is partly bui.lt up with
permanent buildings and an average setback line has
been established, no building shall project beyond
the line of the average setback so established.
E. The required side yards shall be not less than
twenty-five (25) feet..
F. The required rear yard shall be not less than
twenty-five (25) feet.
G. Parking shall be provided in off-street parking
_areas which shall provide one (1 ) parking space,
three hundred fifty (350) square feet in area, for
each one hundred (100) square feet of sales floor
area or office floor area in each buildings.
H. All rainfall and stormwater accummulated on
the premises shall be returned to the ground within
the boundaries of the premises.
I. The total floor area for each retail or service
establishment .located therein shall not exceed ten
Southold Town Board of Appeals -23- May 12 , 1988 Regular Meeting
(Appl . No . 3636V - TARTAN OIL CORP . decision , continued : )
thousand (10,000) sq. ft.
9. It has been noted as part of the applicant' s
testimony that the subject variance should be granted
based upon a prior Appeal rendered April 23 , 1987 under
Appl . No . 3618 for premises now or formerly of Sukru Ilgin .
Under consideration before the Board at that time was an
area variance for approval of a convenience store for
the sale of packaged and non-food items (without food
preparation or on-premises food services ) , in conjunction
with the existing gasoline station with minimal floor
area for retail sales ( less than 700 'sq . ft. . ) . In that
application an interpretation was not requested , and
a conditional variance was granted for the small -scale
retail sales__ area- and further required that the use be
related , "accessory and incidental to the existing
gasoline station use . " There is -no interpretation of
record by this Board determining any retail use to be
an accessory use to a gasoline station .
10 . It is the interpretation of this Board that
the definition of a retail shopping center is clearly
deemed to be "a building" or a combination of buildings"
contai'ning 'retail stores, mercantile establishments ,
offices , banks and financial institutions , and that
a retail convenience store use , for the purposes of
selling prepared foods , alcoholic beverages , prepack-
ages foods , and many non-food items , is not necessary
for the operation of a gasoline-service station , and
therefore is not an accessory use incidental thereto.
11 . The application requests , as an alternative ,
a variance for the retail store , ' on less than the
required 43 ,560 .sq . ft. of lot area . The lot in
question contains a lot area of 34 ,700 sq . ft. , and
the amount of relief, requested is approximately 8900 .
sq : ft .
12 . The amount of floor area for the retail sales
convenience store has not been furnished.
13 . The site plan submitted has not been certified
to comply with Subsections A , C , G , and H of Article
VI , Section 100-62 noted above and appears _deficient .
No information has been furnished as to compliance
with Article XI , Sections C , D , K, loading and unload-
ing .
Southold Town Board of Appeals -24- May 12 , 1988 Regular Meeting
(Appl . No . 3636V - TARTAN OIL CORP . decision , continued : )
14 . In considering the variance requested, the
Board finds :
(a ) the variation is substantial in relation to
the requirements , being 8900± sq . ft . or 20% less than
the requirement ;
(b ) a substantial change will be produced in the
character of the residentially-zoned neighborhood ;
(c) a substantial detriment will be created to
adjoining residential properties ;
(d ) strict application of the ordinance will not
prevent a reasonable return upon the property for the
existing use or other use permitted in this Zone District ;
(e ) the project as submitted is not in compliance
with all other zoning regulations of the Town of
Southol.d ;
(f) the variance , if allowed , may cause traffic
hazards at both street intersections , and accordingly
will be adverse to the health , safety , order , convenience
and welfare of the town ;
(g) in view of the manner in which the difficulty
arose and in considering all the above factors , the
interests of justice will be served by denying the
variance , as applied , without prejudice .
Accordingly , on motion by Mr. Goehringer , seconded
by Mr. Doyen , it was
RESOLVED , to DENY the Application under Appl . No. 3636
in the . Matter of 'TARTAN OIL CORP . WITHOUT PREJUDICE , as
applied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen and Douglass ° (Member Sawicki was. absent . ) This
resolution was duly adopted .
Southold Town Board of Appeals -25- May 12 , 1988 Regular Meeting
DELIBERATIONS/DECISION : Appl . No . 3633-SE :
Application of TARTAN OIL CORP . for a Special Exception under
Article VII , Section 100-70 (B ) of the Zoning Code for approval of
the establishment of a partial self- service gasoline station .
Location of Property : South Side of Main Road , West Side of
Marratooka Lane, and the East Side of Sunset Avenue , Mattituck ,
NY ; 10007115-3-9 . Zone : "B-l " General Business .
The Board deliberated:-and took the following action :
WHEREAS , public hearings were held in the Matter of the Appli -
cation of TARTAN 'OIL CORP . under Appl_. No . 3633 on February 18 ,
1988 , and April 14 , 1988 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and written statements
have been submitted for the record in favor and in opposition of
the pending application ; and
WHEREAS, the. Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the. Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the _surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . This is an. application requesting a Special Exception
under _the - Provisions _of Article VI_I , Section 100-70 (B) of the
Zoning Code for the approval _of newly added self-service
pumping stations in conjunction with ,.... previously established
fu.1.1 � service gasoline station .
2 . The property in question is located in the " B-l "
General Business Zoning District- and _is identified on the
Suffolk County. Tax Map-. as District 1000 , Section 115 , Block 3 ,
Lot._ 9, containing a , total area of approximately 34 , 700 ,sq . ft.
3. The subject premises fronts along three streets as
follow .. along the south side of the Main Road (or State
Route 25 ) 201_. 82 feet ; along the west side of Marratooka Lane
Southold Town Board of Appeals -26- May 12 , 1988 Regular Meeting
(Appl . No . 3633-SE - TARTAN OIL CORP. , decision , continued: )
185 . 95 feet; and along the east side of Sunset Avenue 158 . 89
feet. The premises. is surrounded by properties zoned "A"
Residential and Agricultural .
4. For the record , the following historical information
concerning the premises and previous construction , is noted
upon information and belief:
(a ) During 1956 , the premises was -improved with an
one-story frame building set back 21 feet from the northerly
front property line [along the Main Road] and 71 ± feet from
the easterly front property line [along Marrato.oka Lane] ,
as more particularly shown *by survey prepared by Otto W,..
VanTuyl ' & Son surv.e_yed June 8 , 1956. ._ Al..though .there is no
gasoline pump shown on this 1956 survey , it is the Board ' s
understanding that that building was used as a gasoline
sales office and minor vehicle repairs , and that one gasoline
pump or island existed to the north of that building .
(b) Some time subsequent to 1957 , the building
was removed , and another building was ,placed as more
particularly shown on the June 15 , 1970 Survey prepared by
. _Va.nTuyl . &' Son which shows setbacks ,from the northerly front
property, line at 60 :feet and .from the easterly the
_pro_perty. line at 40 .feet. The record is unc_lea.r as to
whether_ or not this building was constructed under. a
building permit . and approval by any other town departments .
Town records do show that the subject premises during 1970
was zoned "A'.'. Residential and Agricultural , and that a
gasol'ine�service station. was not listed as a "permitted
._use" [except in the "B71 " Busines-s Zone District] since
April, 1957_
(c ) On or about June 7 , 1965 , the Zoning Ordinance
provi:sions. fo.r the ""B-1 " Business District were amended to
require a Special Exception approval by the. Board of Appeals
for a buil.di'ng or premises to be used as a gasoline service
station or public garage [Section 420-.2] ;
(d ) On or about November 23 , 1971 , the Zoning Maps
were amended to include the rezoning of. this property from
"A" Re.siden.tial -Agricultural to ""B-l " ..General Business , and
including the _r_equirement for Site.-Plan approval by the
g Plannin Board in . addition to Spec..ial Exception._ approval by
the. Board of. ,Appe.al s , etc .
(e ) No town approvals have been found during the
Southold Town Board of Appeals -27- .May 12 , 1988 Regular Meeting
(Appl . No . 3633-SE - TARTAN OIL CORP . ,decision , continued : )
above time periods for the newly located building and/or
site as existed since its change in 1986 to the present time .
(f) The record is unclear as to issuance of
permits for the commercial building and site prior to 1970;
(g ) During 1986 or thereabout , the site and
building were changed , and as of this date , site-plan
approval has not been received from the Planning Board
as well as other zoning ,criteria which have not been
complied with , as follows :
1 . extensive blacktopping , eliminating natural
wooded areas and other natural landscaping;
2 . relocation of one gasoline island from the
previous location to a point 10 feet from the northerly
property line ;
3. creation of a second gasoline island
approximately 1.9 feet north of the building in the front-
yard area ;
4 . relocation of air pump in the westerly
front yard area ;
5 . creation of new colonnade with roof of
a size 24 ' wide by 59 ' deep in the frontyard area with an
insufficient setback of two feet [2 ' ] from the northerly
front property line , and extending over existing building;
(Article VII of the Zoning Code requires a minimum setback
for buildings at not less than 35 feet from the front lines ) ;
6 . strucutural alterations of building ,
including , but not limited to , .removal of two garage vehicle
overhead doors , placement of large picture window (s ) , new
store front , etc .._
7. new placement of three o-r more pole
lights which create glare beyond .the lot lines ;
8 . new placement of florescent (unshielded)
wall lights along the sides of the existing building for
a total running length of approximately 36. feet which do
appear to be adverse to surrounding properties when used in
conjunction with the overhead lighting under the roofed
colonnade ,-, and the separate lighting poles ;
Southold Town Board of Appeals -28- May 12 , 1988 Regular Meeting
(Appl . No . 3633-SE - TARTAN OIL CORP. , decision , continued : )
9. conversion of garage bays and front
office area into a retail store for sales of beer ,
prepared foods , and other items which are not incidental
or accessory to the gasoline-service station use [see
this Board ' s action rendered under Appl . No . 3633 same
date hereof] .
10 .. location of a glass-enclosed telephone
booth at the most northeasterly corner of the premises
near the Main Road ;
11 . placement of new ground signs at
the most northeasterly corner,..of .the premises near the
Main Road .
5 . Also noted for the record is a Certificate of
Occupancy .for Nonconforming Premises #Z14455 dated
May 30 , 1986 which appears to have been based on the
June 8 , :1956 Survey -of Otto W. VanTuyl & Son for the
premises and building as existed rp iQr to 1957 , but
which does not apply since the building referred to
has- been removed from its original_, footpri.nt , based upon
information submitted .
6 . Based on the facts in the record , it appears
that the applicant proceeded , as noted above , without
appropriate_._authori_zations . The. Board notes that
there-, appears to be several areas of noncompliance under
the Zoning Code (including but not limited to Article VII ,
Sections 100-.70 ,. 100-71 ,. _Bulk and Parking Schedule ,
Article XI , Section 100-..119., Article XIII , Article XIV ) , for the
the subject self-service.._,gasoline _pump islands as required
'by Article. VII;, .,Section 100-.70B , which reads in part as
fo te.11ows., as well as other. si ` plan elements (Art . XIII ) :
100-.70 -B. . Uses permitted by special exception by the
Board_ of: AppeaIs . The following-, uses are permitted
as a special exception .by__ the
n . Board of Appeals , as
her.eia.fter provided , and , except for th.e uses, set
forth in Subsection.' B (7 ) hereof, are subject to
_site .plan approval by the Planning Board in accord-
ance with Article., XIII hereof:
4 . Public garages , gasoline service stations ,
a.11 _.s_ ubject, to the following requirements :
(,a ) Entrance and exit driveways shall have
an unrestricted width of not less than 12
feet and not more than 30 .fee t , and shall
—be- located not less than 1.O .feet from any
pro_perty. line . . . ,.
_(e )__ . No gasoline or fuel pumps shall be.
. 1 ocated _less than fifteen_. feet from__ any
,street or property_,_ 1 i ne .
5 . Partial self-service gasoline service
stations shall be subject to all of the
Southold Town Board of Appeals -29- May 12., 1988 Regular Meeting
(Appl . No . 3633-SE = TARTAN OTL CORP . , continued : )
provisions of 100-70B(4 ) [above] and subject
to the following requirements : (a ) through
(g)' [inclusive] .
7 . In researching Town records , it is noted that the
only building permit issued appears to be for the construction
of the "canopy" under Permit #15833Z issued April 1 , 1987 .
8 . Also in considering this application , the Board also
determines :
(a) that the use will adversely affect the safety ,
health , welfare , comfort , convenience an_d order of the Town ,
[as noted above] ;
(b ) that the use is not consistent with the
general purposes , regulations , and intent of Chapter 100
[Zoning] ;
(c,) that the use will prevent the reasonable use
of adjacent or nearly residential properties ;
(d) that the use will cause disturbing electrical
discharges , light , vibration , -and noise .
Accordingly , on motion by Mr. Grigonis , seconded by
Mr. Doyen , i t_ was
RESOLVED , due to .the deficiencies under the zoning
ordinance for the existing buildingI, and._:structures ; and
for the proposed use and -.structures , that the application
in the Matter of the Application for. 'TA.RTAN OIL CORP ,
under . AppI - No . _ 3633 ; must be and„ hereby - i.s DENIED
WI.TH.O.UT .PRE.JUDfCE to future applications ; and be .it .
FURTHER RESOLVED , that the applicant/property owner
upon receipt of this decision be and._hereby is notified
that all improper operations should cease and desist
immediately.
Vote of the Board: Ayes : Messrs . Goehringer , Doyen ,
Douglass and. Grigonis . (Member Sawicki was absent. ) This
resolution was duly adopted.
lk
Southold Town Board of .Appeals -30- May 12 , 1988 Regular Meeting
INFORMAL DISCUSSION : Appl . No . 3707 - JOSEPH F. CITARDI .
The Board noted that deliberations and decision time is pending.
Mr. and Mrs . Joseph Citardi were present and asked if the Board
could make a decision tonight since they came from out of state .
The Board deliberated . It was the consensus of the Board
that alternative relief should not be granted under these circum-
stances , and particularly since the applicants were not agreeable
to submitting a better plan for minimal relief. The Board
members agreed to hold this matter for our next meeting on
June 2 ,. 1988 for additional Board Member input.
No decision was made at this time .
RESOLUTION CALENDARING HEARINGS FOR JUNE 2 ; 1988 :
On motion by Mr. Goehringer , seconded 'by Mr . Douglass , 'it
was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to be held at the Southold Town
Hall , Meeting Hall , Main Road , Southold , New York , on .THURSDAY ,
JUNE 2 , 1988 at the following times , .and be it
FURTHER RESOLVED , that the Board Secretary , Linda Kowalski ,
is hereby authorized and directed to advertise notice of same in.
the local and official newspapers of the Town , to wit : Suffolk
Times and Long Island Traveler , and as to those hearings con-
concerning properties on Fishers Island in The Day newspaper:
1 . Appl . No . 3721 - Russell & Ruth Planitzer
2 . Appl . No . 3717 - Frederick Koehler , Jr.
3. Appl . No . 3727 as Amended - Dorothy Abbott
4. Appl . No . 3726 - CLiff and Phil ' s Lobster House .
5 . Appl . No. 3723 - Angelo Spetsiotes
6 . Appl . No . 3731 - North Fork Country Club
7 . Appl. . No . 3718 - Patricia Steqner
8. Appl . No . ' 3729 -George R. Furse
9. Appl . No. 3732 - Bidwell Vineyard .
10 . Appl . No . 3730 - Estate of Dorothy Russell
(The remaining applications recently filed were scheduled for the
next week , to wit : June 9 , 1988 for public hearings . )
Vote of the Board : Ayes : All . (Member Sawicki was absent . )
This resolution was duly adopted . (Member. Grigonis was absent. )
Southold Town Board of Appeals -31- May 12 , 1988 Regular Meeting
RESOLUTION CALENDARING HEARINGS FOR JUNE 9 , 1988:
On motion by Mr. Goehringer , seconded by Mr . Douglass it was
RESOLVED , that the following matters be and hereby are
scheduled for public hearings to be held on THURSDAY , June 9 , 1988
at the following times , and be it
FURTHER RESOLVED , that the Board Secr.et.a:ry., Linda Kowalski ,
is hereby authoriz.:ed and directed to. a.dv:e:rti.se notice ' of'.same in the
local and official newspapers of .the town :
7 : 40 p .m. Robert and Sidney Olmsted
7 : 45 .p .m. Anthony and Joan, St.urcken
8: 03 p .m. J . Whittier' (instead of June 2nd per request of architect ) .
Vote of the Board : Ayes : All present.
There being no further business properly coming before the
Board at this time , 'the meeting was declared adjourned . The meeting
adjourned at 9.:00 .p .m.
Respectfully submitted ,
Linda. F. Kowalski , Board Secretary
pproved - Gerard P..: Goehri ng 7ECEIVEDAND FILED BY
Chairman
LD 'TOW14 CLERK
HOUR j
Town Clerk, Town of Southold
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