HomeMy WebLinkAboutZBA-04/14/1988 o��FFot��o -
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Southold Town Board of Appeals
MAIN .ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
REGULAR MEETING
THURSDAY ; APRIL 14 , 1988
A Regular Meeting and Public Hearings of the Southold
Town Board of Appeals were held on THURSDAY , APRIL 14 , 1988
commencing at 7 : 30 .o ' clock p .m . at the Southold Town Hall ,
Main Road , Southold , New York 11971 -.
Present were : Gerard P. Goehringer , Chairman ; Serge
Doyen--; Charles Grigonis ; Robert J . Douglass and Joseph H .
Sawicki , constituting all five Members of the Board.
Also present were Linda Kowalski , Board Secretary , and
approximately 25 persons at the beginning of the meeting .
(Mr . Lessard was absent. )
The Chairman opened the meeting at 7 : 30 .p .m. and
proceeded with the first item on the agenda , as follows :
DELIBERATIONS/DECISION : Matter of CHARLES ZAHRA under
Appl . No . 3701. . The Chairman indicated that. the following
interim decision is as a result of hearing and considering
all testimony and reviewing all documentation i:n ,tahe record :
WHEREAS , public hearings were held in the Matter of
C.HARLES Z.AH.RA under Appl . No . 3701 on February 18 , 1988
.and March 3 , '1988 ; 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
Southold Town Board of Appeals -2- April 14 ; 1988 Regular Meeting
(Appl . No . 3701 - ZAHRA, Interim Decision , continued : )
WHEREAS , the Board Members have personally viewed and are
familiar with the premise.s 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 reversal of the
determination of the Building Inspector of his Revocation of
Building Permit #15428Z issued October 27 , 1986 . The revoca-
tion was issued on November 5 , 1987 .
2 . The property in question is located in the "D-l "
General Business Zoning District and is identified on - the
Suffolk County Tax Maps as District 1000 , Section 141 ,
Block 4 , Lot 005 .
3. The subject premises contains a total area of 3 ,800
sq . ft . with 40 .0 ft. . frontage along the south side of Pike
Street in the Hamlet of Mattituck , Town of Southold.
4. The subject premises is presently improved with a
partially - completed one-story concrete foundation with exterior
walls . Previously , the premises was improved by a two-story
structure which was nonconforming as to various setback
requirements and as to use .
5 . The building permit was revoked under Article XVI ,
Section 100-142 of the Zoning Code which reads as follows :
" . . . The Building Inspector may revoke a building
permit theretofore issued and approved in the
following instances :
A. Where he finds that there has been any false
statement or misrepresentation as to a material
fact in the ap.plication , plan or specifications
on which the building permit was based.
B. Where he finds that the building permit was
issued in error and should not have. been issued
in accordance with the applicable law.
C. Where he finds that the work performed under
the permit is not being prosecuted in accordance
with, the provisions of the application , plans or
specifications .
D. Where the person to whom a building permit
has been issued fails or refuses to comply with
a stop order issued 'by the Building Inspector .
Southold Town Board of Appeals -3- April 14 , 1988 Regular Meeting
(Appl . No . 3701 - ZAHRA , continued : )
6 . Hearings were held on this application on February 18 ,
1988 and March 3 , 1988 . The hearing was left open at that time
to permit the Board to make a physical inspection of the
premises and to include matters of personal knowledge in the
record . This was completed by March 14 , 1988 , and the hearing
was closed at the Board ' s Regular Meeting on March 17 , 1988 .
7 . Based on the facts in the record , it appears that the
applicant proceeded with work in excess of the plans submitted
to the Building Department. It further appears that the
applicant has undertaken to completely rebuild the structure.
Indeed , the second story has been totally removed and the
first floor has been completely rebuilt. The construction
also includes increasing the square footage of the new
structure when compared to the prior structure .
8 . Irrespective of whether the actual construction
complied with plans submitted , the facts before the Board
raise serious other issues pertaining to the validity of
the building permit . . Specifically , the evidence would tend
to show that the applicant is endeavoring to reconstruct and
structurally alter his nonconforming building to an extent
exceeding the aggregate cost of 50% of the fair market value
of the building . This would violate Section 100-118E of the
Zoning Code . The Board notes in passing that such extensive
reconstruction would also subject the project to compliance
with present building code requirements under the New York
State Building Code .
9. Based on the personal knowledge of the Board and
conservations with family members of the prior owner , it
further appears that the use of the premises may have been
discontinued for a period in excess of two years . This would
result in the premises losing its nonconforming status under
Section 100-118D of the ..Zoning Code and thereby render the
revoked building permit invalid.
10 . In his letter dated March 17 , 1988 , counsel for the
applicant indicated that issues of discontinuance of the
nonconforming use and improper expansion of a nonconforming
use were not squarely before the Board at the hearings held.
Counsel requested a.n opportunity to be heard on those issues .
11 . The Board hereby finds that serious factual and legal
issues exist regarding the . validity of the building permit
Southold Town Board of Appeals -4- April 14 , 1988. Regular Meeting
(Appl . No . 3701 - ZAHRA, continued : )
under Section 100-118 of the Zoning Code and under the State
Building Code . These issues go to the very heart of the permit
and should be resolved at this juncture . Since no vested
rights can be obtained under an illegal permit , it would appear
to be int he applicant 's best interest to have these issues
resolved now in addition to the limited questions applicant
formally presented to the Board. Nor can this Board close
its eyes to these issues revealed , in the record when
considering the appropriateness of the Building Department ' s.
revocation of the building permit.
12 . Since counsel for the applicant has requested an
opportunity to be heard on the issues of the nonconforming
status of the. property , we hereby set this matter down for
a further hearing , at which time the applicants should be
prepared to present evidence regarding the factual issues
that exist under Sections 100-118D and 100- 118E of the
Zoning Code .
Now , therefore , on motion by Mr. Gri.gonis , seconded by
Mr . Goehringer , it' was
RESOLVED , that the Matter of the Application of
CHARLES ZAHRA under Appl : No . 3701 , BE AND HEREBY IS SET
DOWN FOR A FURTHER HEARING , to be held on the 12TH DAY OF
MAY ; 1988 , at which time the applicants should be prepared
to present evidence regarding the factual issues that
ex.i.tt under Sections 100-118D and 100- 118E of the Zoning
Code .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly adopted.
The Chairman handed Mr. Charles Zahra a copy of the
Board ' s. decision in draft ; unofficial form , and indicated
that the official final decision will be available tomorrow.
Southold Town Board of Appeals -5- April 14 , 1988 Regular Meeting
The following Public Hearings were held , and the Verbatim
Transcripts are attached for reference (see last pages of
these Minutes ) :
7 : 32 - 7 : 46 p . m. Appl . No . 3719 - SOUTHOLD SAVINGS BANK
7 :46 - . 7 : 50 p .m . Appl . No . 3716 - ROBERT E . WALDRON , JR.
7 : 50 - 8 :00 p .m . Appl . No . 3575 - ROSA J . HODGSON
8 :00 8 : 20 p .m. Appl . No . 3707 - JOSEPH F. CITARDI
8 : 20 = ..8 :28;- p .m. Appl . No . 3709 - EDWARD A. HANUS
8 : 28 - 8 : 38 p . m. Appl . No . 3715 - BERNARD KIERNAN
8 : 38 8 : 54 p .m. Appl . No . 3722 - MANFRED KUERNER
8 : 54 - 9 :00 p . m. Appl . No . 3687 - JON C . KERBS
9 :00 - 9 : 25 p .m. Appl . No . 3633 and 3636 - TARTAN OIL CORP.
9 : 25 = . 9: 35 p .m. Appl . No . 3703 - JOHN AND EVELYN KEATING
9 : 50 - 10 : 20 p .m . Appl . No . 3710 - THE COVE AT SOUTHOLD , INC .
Each and every hearing was closed following receipt of verbal
testimony , pending deliberations .
ENVIRONMENTAL DECLARATIONS : On motion by Mr. Douglass ,
seconded by Mr. - Sawicki , it was
RESOLVED , to declare the following Environmental Declarations
in accordance with SE_QRA, Section 617 , 6 NYCRR and Chapter 44 of
the Code of the Town of Southold :
(a ) Southold Savings Bank #3719 - Unlisted Action
(b) Robert. E. Waldron , Jr. #3716 - Type II Action
(c ) Rosa J . Hodgson #3575 - Type. II Action
(d ) Joseph F. Citardi #3707 - Type II Action
(e ) Edward A. Hanus #3709SE - Unlisted Action
(f) Bernard Kiernan #3715 - Type II Action
(g ) Manfred Kuerner #3722 - Type II Action
(h ) Jon C. Kerbs #3687 - Type II Action
(i ) The Cove at Southold #3710 - Type II Action
(j ) John and - Evelyn . Keating #3703 = _Type II Acti o"n ,
Type .II . Action ,
Southold Town Board. of., Appeals 6- ipr: 14 , 1988 Regular. Meeting
(Environmental 'Declarations, Continued: )'
S.E.Q':R A. .
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3119. . .
PROJECT NAME: ' S0U'T'H0,,LD- SA'V"INGGS. 'BANK
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.
I Please take further notice that this declaration should not -be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: • :[ ] Type II [XI Unlisted [:
DESCRIPTION OF ACTION: Erect on-premises. building ID sign-, the
lower edge of which will be less than four feet above ground
LOCATION OF PROJECT: Town of .Southold; County of, Suffolk, more
particularly known as: 1400 . Railroad'. (a/k./a Youngs) Ave. , Southold, NY
1000-60-2rtlO. 4,
REASONS) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question. is not located within 300 feet of--
tidal. wetlands .or other critical environmental area.
Southold Town .Board of Appeals =7- Apr., 14 , 1988 Regular Meeting
: (Environmental Declarations, Continued: )
(b) S.E.Q.R A
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance .
APPEAL NO. : 3716
PROJECT NAME t RO'BERT' 'E �nFALDRON,':..J'R
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the -N.Y.S. Environmental
Quality Review Act of the Environmental Conservation .Law and Local . .
-Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the -environment for the reasons indicated
below.
' Please takefurther notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [XI Type II [ ] Unlisted [ ].
DESCRIPTION OF ACTION: Goestxuct .deck addition- at rear of"
existing dwelling which .is less.-"than 75" feet from -the mean highwater,.
mark tt James Creek
OCA' OF PROJECT: Town of Southold, County of, Suffolk, . more
particularly known as: 2980 Ole Jule Lane., Mattitu-ck, • NY
1000-122-4-17
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant. adverse effects to ,
the environment are likely to occur should this project be imple-
mented as planned;
(2) The: reljef requested is a setback variance as regulated
by Section 617.13, -6 NYCRR, SEQRA.
(3) Information has :been submitted by applicant or his agent in
dic,ating that the project will not -,involve the disturbance of-wetlands
grasses or areas subject to flooding which may be. considered wetlands.
Southold Town Board of Appeals -$- Apr`, 14 �J988 Regular. Meeting
(Environmental. Declarations, : Continued: )
S.E.Q.R.A. ;
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 35.75
PROJECT NAME: RO'S'F, J . IOD'G'S'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:Approval •'of the insufficient area and .
. width of parcel to be set-o'ff. in this: pending division of land
LOCATION OF PROJECT; Town of Southold; County of, Suffolk, more
particularly known as:
Pine Neck 'Road, • Souf_hold, NY
1000-70-6=33
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 reiated to new
construction- as regulated by Section 617.13 for a lot-line or area
variance.
Southold. Town Board of Appeals 9.- Apr. 14 , 1988 Regular Me ting
(Environmental Declarations, Continued: )
S.E.Q.R.A. .
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3707
PROJECT NAME: JOSEPH F. , CITARDI --
This notice is issued pursuant to Part 61.7 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: (a) Insufficient setback 'from barik .along
. L. I. ,Sound :and (b) Insufficient frontyard setback from front property
line along C.R. - 4,8, in this new dwellin construction roposal
LOCATION OF PROJECT: Town of .Soutghold; County of, Suffolk, more
particularly known as: 56225 C.-R. 48, Greenport, -NY
1000-44-01-22
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) ' Construction proposed is landward of existing structures. -
(3) The relief requested is a setback variance as regulated
by Section 617. 13, - 6 NYCRR, SEQRA
Southold Town Board of Appeals ' =.10- Apra 141 .:1988 Regular Meeting
(Environmental Declarations, Continued: )
(e). S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of. Non-Significance .
APPEAL NO. : 3709 5E
PROJECT NAME: EDTnFARD A. 'HANDS : M .
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: ._l Type II [K] Unlisted [ l
DESCRIPTION OF ACTION: Approval of Accessory Apartment within ;
existing dwelling structure
LOCATION OF PROJECT: Town of .Southold; County of, Suffolk, more
particularly known as: 635 Lupton Poin.t"Road, Mattituck, NY
1000-115-11-3
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is, an application-,concerning use of* premises and -is not directly related to new construction: -
Southold Town. Board of -;Appeals =11 Apr". 14 ', 1989 Regular Meeting
(Environmental Declarations; Continued-. )* .
NEGATIVE- ENVIRONMENTAL DECLARATION
`Notice of Determination of Non-..Significance
APPEAL NO. : 3715
PROJECT .NAME: . BERNARD 'K'I'ERN'AN
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
r below.
J 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: [ yJ Type II [ ] Unlisted [ ] .
.DESCRIPTION OF ACTION: permission to construct additions to
.�4elling' and accessory structure (s) within 75 feet of ordinary highWater
mark SouthoIl RC ,I_OX_ OF PROJEXCT: Town of .Southold; County of, Suffolk, more
particularly known as: 1605 North Parish.-Drive, Southold, .NY
1000-71-1-15
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 as regulated by
Section 617. 13,-. 6 NYCRR, SEQRA
(3) Information has :been submitted by applicant or his agent
indicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
Southold Town Board ,of Appeals = 12- Apr. 14 , 1988 Regular Meeting
(Environmental Declarations,. Continued: )
B.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
- . Notice of Determination of Non-Significance ;
APPEAL NO. 3 712 2 ..
PROJECT NAME: MAN- 'RED KUERNE'R
This notice- is issued pursuant to Part 617 of the .implementing
regulations pertaining to Article 8 of the -N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi
cant -adverse_effect on the environment for the reasons indicated
_r below.
I 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: [KKj Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Extend' gar.age an add: two ft.', additional living
area with reduction. of nondonf. sid'eyard, . excessive -lot coverage, ,
insufficient total s deyards- and within 75 feet of bulkhead
LOCATION OF' PROJECT:` Town of Southold;
"County of, Suffolk, more
particularly known as: Carole Road, Southold, NY _
1000-52=2-3
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 pzoject. in question from+ the waterfront- or
tidal area is other construction. and/or., abulkhead in good condition.
(3) The relief requested: is-.a setback- variance as regulated by
Secti.on ' 617. 13, 6 NYCRR,' SEQRA
Southold Town Board of Appeals - 13- AP.r. 14 , 1988 Regular Meeting
(Environmental Declarations, Continued: )
(h) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3687
PROJECT NAME: JON C. KERBS
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.
i
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: A XJ Type II [ ] Unlisted. [ ]
DESCRIPTION OF ACTION: Interpretation and, if necessary, 'a Variance .
for permission to locate building. 75 feet from the N.Y.S.D.E.C. de-
termined tidal wetlands line
LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more
particularly known as: E/s Narrow River -Road, Orient, NY
1000-27-2-5
REASON (S)� SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by'
Section 617. 13, 6 NYCRR, SEQRA
Southold- Town- Board of Appeals -.14- •Ap.r. .14,r 1988 Regular Meeting
(Environmental Declarations, Continued: ) ,
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3710
PROJECT NAME: THE 'COVE' AT' 'S'OUTHOLD,' INC.
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: To locate buildings 75 or more feet- from
. NYS D.E.C.-determined tidal' wetlands line and at not less than 18 feet
from the Town- Trustees determined wetland grasses
LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more
particularly known as: S/s -Main Bayview Road, Southold, NY
1000-87-5-20
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback-variance as regulated by
Section 617 . 1'3,. 6•NYCRR, SEQRA
Southold- Town Board of Appeals 7T5- Apr.. 14 , 1988 Regular Meeting
(Environmental Declarations, Continued: )
O Y .Q.R g.E .A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3703
PROJECT NAME: JOHN AND EVELYN" 'BEATING' —'
This notice is issued pursuant to Part 617 of the implementing
regulations- pertaining to Article 8 of the -N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of. Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the—reasons- indicated
below.
Please take further notice that this declaration should not be
considered a determination -made for any other department or agency
which may also have. an application pending for the same or similar
project. . .
TYPE OF ACTION: [X ] Type II [ ] Unlisted' [ ]
DESCRIPTION OF ACTION: Construct new dwelling and. garage with
an insufficient setback from. top of bluff along L. I. -Sound
LOCATION OF PROJECT: Town of .Southold; County of, Suffolk, more
particularly known as.: 19995 Soundview Ave.. ', Sout]old, NY
1000-51-04-006
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 as regulated by -
Section- 617. 13, - 6 NYCRR, SEQRA,
.. (3) Information has been submitted by applicant or his agent in
dicating that the project will not involve the disturbance of wetlands
grasses - or areas - sjubject to flooding which may be considered wetlands.
Vote of the Board : Ayes: Messrs . Goehringer , Doyen , Grigonis ,
Douglass and Sawicki . This resolution was duly adopted .
Southold Town Board of Appeals - 16- April 14 , 1988 Regular Meeting
DELIBERATI.ONSIDECISION : Appl . No . 3719 :
Application of SOUTHOLD 'SAVINGS BANK for a Variance to the Zoning
Ordinance , Article VI , Section 100-.60-C 2 [a] for permission to erect
an on-premises building identification sign., the lower edge of which
will be less than four feet above ground. Location of Property:
1400 Railroad (Youn.gs ) Avenue , 'South6JT4 ., NY—; County Tax Map Parcel
Nos . 1000-60-2-10 . 4 (prev . 10,`2 and 1.0-A) .
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 SOUTHOLD SAVINGS BANK
under Appl . No . 3719.; and
WHEREAS , at sai-d 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 facto
1 . The premises in question is located on the east side
of Youngs (or Railroad ) Avenue in the Hamlet and Town of
Southold . and more particularly identified on the Suffolk
County Tax Maps as District 1000 , Section 60 , Block 2 , Lot
10 . 4 .(previously 10 . 3 and 10_. 2 ) .
2 . The subject premises contains a total area of 2 . 304
acres and frontage of 194 . 42 feet .
3. The premises is located in the "B-l " General Business
Zoning District and is improved with a two-story bank-office
building and 18 ' by 46 ' accessory storage building , all as
shown on Site Plan Map prepared _by Donald A. Denis , A_.-I .A. ,
P . C . , Architect revised August 28 , '1986.
4 . By this application , appellant requests a Variance
Southold Town Board of Appeals - 17- April 14 , 1988 Regular Meeting
(Appl . No . 3719 - SSB decision , continued: )
from the Provisions of Article VI , Section 100-60 (C) , Sub-
section [2] (a ) for permission to place ground sign of a
sign area of 22 " high by 108" wide at 18" above ground
rather than the required 48"- above ground.
5 . The proposed ground sign is for on-premises
identification purposes for "Southold. Savings Bank" and
is proposed to be located 14 ft. east of the concrete
curb along Railroad Avenue , 6 ft. from the westerly
property line ,_ 'and 24 feet north o_f the driveway curb
_(se_e sketched site plan and sketch.. of Peter Jacques Sr .
dated March 1 , 1988 ) .
. 6 . It is the opinion of the Board that the sign as
proposed is consistent with the purposes and intent of
the zoning requirements and is aesthetically more agreeable .
7 . The height of the sign will not cause visual
obstruction for vehicles exiting the premises and the
Board agrees with the reasoning. of appellant .
8. In considering this appeal , the Board finds and
determines as follows :
(a ) the variance requested is not substantial in
relation to the requirement;
(b ) the grant of the variance will not cause an undue
burden on, available governmental facilities ;
(c ) the grant of the variance will not produce a
substantial adverse change in the character of the neigh-
borhood or_ create a substantial detriment to adjoining
properties ;
(d ) the circumstances of the property are unique ;
(e ) the interests of justice will be served by grant-
ing the relief , as applied .
Accordingly , on motion by Mr . Goehringer , seconded
by Mr . Grigonis , it was
RESOLVED , to GRANT a Variance in the Matter of the
Southold. Town. Board of Appeals - 18 April 14 , 1988 Regular Meeting
(Appl . No . 3719 - S . S . B . , decision , continued : )
Application of :S.OUTHOLD SAVINGS_BANK under Appl . No . 3719
for the placement of _a ground sign at a height 18" above
..ground as applied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly _adopted .
CONFERENCE NOTICE: A conference has been scheduled by
the N . Y . S. Department of Environmental Conservation to . be held
on May 5 , 1988 at the Riverhead Town Hall for eastern Suffolk
communities . Registration is required , and the Board Members
were distributed copies of the agenda (8 : 35 - 4 : 45 p. m. )
Member Douglass indicated that he would attend ; and Member
Doyen . said he will confirm his attendance by April 29th .
The subject of the Conference is "Coastal V Zone Development . "
OTHER CORRESPONDENCE: CLIFFSIDE ASSOCIATES/TIDEMARK
(Pending Special Exception Application as Amended ) . Copies
of the letter with enclosure received April 7 , 1988 from
Richard T. Haefeli , Esq . concerning the Envfronmental Impact
Statement and updated SEQRA status were distributed previously
to the Z. B . A. Members . No action was taken . Chairman
Goehringer asked for an update from the Town Planner concerning
the Zoning Board' s input on the traffic concerns .
OTHER CORRESPONDENCE : A copy of the March 25 , 1988
letter from Alexander G. Sarris addressed to Mr. Vincent.
Wieczorek , Building Inspector (received March 29th ) was
previously distributed to the Board Members and the Town
Attorney fo.r their tnf*or_mAtfon . ( Enforcement is not within
the jurisdiction of the Board of Appealsj ..arid - it vs ;a matter
that should be brought to the attention of both the Building
Department and Town Attorney. )
CONFERENCE-TOWN ATTORNEY : The Board Members were advised
r �
Southold Town Board of Appeals - 19- April 14 , 1988 Regular Meeting
of the seminar proposed for Thursday or Friday afternoons , once
a month , around 3: 00 or 4 :00 p .m . for the purpose- of keeping
Boards up-to-date on current case law and legislative changes .
(See memorandum dated March 28 , 1988 from James A. Schondebare ,
Town Attorney. ) Member Sawicki indicated that he will be
available when notified .
There being no other business properly coming before the
Board at this time , the Chairman declared the meeting adjourned .
The meeting was adjourned at 10 : 25 o ' clock p.m .
(Attached. hereto are verbatim transcripts of tonight ' s
hearings for reference. )
Respectfully submitted ,
Linda F. Kowalski , Secretary
Southold Town Board of Appeals
Approved J e . 2 , , 88
Gerard P. Goehrin,ger , Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE (I) 1'?q HOUR OV V o A-�
Ara
Town Clerk, Town of Southold