HomeMy WebLinkAboutZBA-03/03/1988 SPEC • ti
Southold Town Board of Appeals
f ��® 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 - - - - - - -
SPECIAL MEETING
THURSDAY , MARCH 3 , 1988
A Special Meeting was held by the Southold Town Board of
Appeals on Thursday , March 3 , 1988 commencing at 7 : 15 o ' clock
p .m . at the Southold Town Hall , Main Road , Southold , New York .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr. ; Serge Doyen , Jr. and Robert J . Douglass , con-
stituting four Board Members . Absent was : Joseph H. Sawicki .
Also present in the audience were : Victor Lessard , Building-
Department Administrator , Curtis Horton , Sr . Building Inspector ,
Thomas Fisher , Building Inspector , James A. Schondebare , Town
Attorney , Ruth Oliva , Councilwoman , and approximately 85 persons .
The meeting commenced at 7 : 15 p . m . and the Board proceeded
with the first item on the agenda , as follows :
DELIBERATIONS/DECISION : Appl . No . 3705 :
Application of ARTHUR V . JUNGE for a Special Exception to the Zoning
Ordinance , Article VIII , Section 100-80 (B ) for permission to establish
electrical shop use and construct two buildings located as shown on Site
Plan dated March 10 , 1987 , prepared by John A. Grammas & Assoc. Zone
District : C-Light Industrial . Location of Property : North Side of
C. R . 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 ,
Block 1 , Lot 19 , containing 45 ,589± sq . ft. in lot area .
The Board deliberated and took the following action :
WHEREAS , a public hearing was held and concluded on January 14 ,
_ 1988 in the Matter of the Application of ARTHUR V . JUNGE under
Appl . No . 3705-SE ; and
L
Southold Town Board of Appeals -2- March 3 , 1988 Special Meeting
(Appl . No . 3705-SE - JUNGE decision , continued : )
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . The premises in question is a described parcel of land
containing a lot area of . 975 of an acre , or 45 , 589 sq . ft. with
frontage (lot width ) of 168 . 17 feet along the north side of C . R. 48 ,
in the Hamlet of Cutchogue , is vacant , and is more particularly
shown on the Suffolk County Tax Maps as District 1000 , Section 96 ,
Block 1 , Lot 19..
2 . The subject premises is located in the "C" Light Industrial
Zoning District as approved by the Town Board at a Regular Meeting
held December 15 , 1987 , and is immediately adjacent to the Southold
Town Disposal Site at the north side . The premises immediately
adjoining this property along the west side is a parcel of 1 . 2±
acres improved with a single-family dwelling and along the east
side is a vacant parcel of 39 , 524 sq . ft' , which has also received
a change of zone from "A" to "C" (Parcel 1000-96-1 -20 ) .
3 . Town assessment records indicate that the applicant
acquired the premises from Watson Gray on April 6 , 1987 (see
Deeds at Liber 10321 cp 162 ) .
4 . By this application , appellant requests a Special Exception
under Article VIII , Section 100-80 ( B) for permission to establish
electrical shop use as more particularly shown on Amended Plan
prepared by John A . Grammas & Assoc,. , Drawing No . P-1 presently
under review, by the Town Planning Board (and filed February 10 ,
1988 ) .
5 . It- is the opinion of this Board that the 7 ,750 sq . ft .
building together with all parking and other site-plan elements
are consistent with the zoning requirements for this zoning
district .
6 . In considering this application , the. Board has also
Southold Town Board of Appeals -3- March 3 , 1988 Special Meeting
(Appl . No . 3705-SE - JUNGE decision , continued : )
determined : (a ) the use proposed will not prevent the orderly
and reasonable use of adjacent properties or of properties in
adjacent use districts ; (b) the uses will not prevent the
orderly and reasonable use of permitted or legally established
uses in adjacent use districts ; (c ) the safety, health , welfare ,
comfort , convenience and order of the Town will not be adversely
affected by the proposed use and its, location ; (d ) the use will
be in harmony with and promote the general purposes and intent
of the zoning ordinance . The Board has also considered items
[a] through [l ] of Article XII , Section 100-121 ( C) [2] of the
Zoning Code .
Accordingly , on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , to GRANT a Special Exception in the Matter of
the Application of ARTHUR V . JUNGE under Appl . No . 3705 for
the proposed electrical shop use in the proposed 7 ,750 sq . ft .
building as shown on Site Plan prepared by John A. Grammas &
Assoc . (dated March 10 , 1988 ) , SUBJECT TO THE FOLLOWING
CONDITIONS :
1 . There be no outside storage ;
2 . All vehicles left on-site must be registered and
licensed , for parking only [No storage of vehicles shall be
permitted] .
Vote of the Board : Ayes : Messrs . Goehringer , Grigoni.s ,
Douglass and Doyen . (Absent was : Member Sawicki . ) This
resolution was duly adopted .
a
Southold Town Board of Appeals -4- March 3 , 1988 Special Meeting
DELIBERATIONS/DECISION : Appl . No . 3702 : .
Application of OLGA CORDES . Variances to the Zoning Ordinance ,
Article III , Section 100-31 , Bulk Schedule , for approval of the
proposed insufficient area and width of two parcels in this pending
division of land located at the south side of Sterling Road (Nassau
Farms ) , Cutchogue , NY ; County Tax Map District 1000 , Section 104 ,
Block 4 , Lots 17 and 18 .
The Board began deliberations and took the following action :
WHEREAS , 'a public hearing was held and concluded on February 18 ,
1988 in the Matter of the Application of OLGA CORDES under Appl .
No . 3702 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . The premises in question is located along the south side
of Sterling Road in the Hamlet of Cutchogue , Town of Southold , and
is more particularly identified on the Suffolk County Tax Maps as
District 1000 , Section 104 , Block 4 , Lots 17- and 18 .
2 . The subject premises is also shown on the 1935 Map of
"Nassau Farms " (#1179 ) asLot 48 , 49 , part of 47 , and part of 150 ,
and is presently improved with' a single-family dwelling (containing
approximately 865 sq . ft . liveable floor area on the first floor ) .
The setbacks of the existing dwelling as exists at the premises
have not been furnished by a licensed surveyor or engineer and
its location in relation to the proposed division line is unknown .
3. By this application , appellants request the following.
relief :
(a ) the insufficient area of proposed Lots #2 and #1 of
17 ,300± sq . ft . and 26 ,700 sq . ft . , respectively; and
(b ) the insufficient lot width [frontage] of proposed
a
Southold Town Board of Appeals -5- March 3 , 1988 Special Meeting
(Appl . No . 3702 - CORDES decision , continued : )
Lots #2 and #1 respectively of 100 feet and 133 . 33± feet .
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 of 175 feet .
5 . The amount of relief requested as to Lot #2 is
62 ,700 sq . ft . , or 78% The amount of relief requested as
to Lot #1 is. 53 ,300± sq . ft . , or 67% .,. The amount of .relief as
to lot width (road frontage.) is 75 ' feet for Lot ##2 _and .42
feet for Lot #1 . It is the opinion of the Board that the
variances requested are substantial in relation to the
requirements .
6 . It is also noted for the record that those lots
immediately within 500 feet of the subject premises , on
the same block ,. consist :
(a ) of eight lots the same or similar size than that
proposed for Lo_t #2,.., [17 ,300± sq . ft . ] ;
(b ) of 11 lots the same or similar size as proposed
Lot #1 [26 ,700± sq . ft . ] ;
(c ) of lots with the same or similar frontage [width]
as that proposed [100-133± feet] .
7 . Submitted for consideration are copies of three
deeds in common ownership as follows :
(a ) Deed dated January 8 , 1937 from Ralph W. Sterling
to the applicant , Olga Cordes , concerning Lot #48 , "Map of
Nassau Farms" ;
(b ) Deed dated August 28 , 1943 from Ralph W. Sterling
to the applicant , Olga Cordes , concerning part of Plot 150 ,
"Map of Nassau Farms " ;
(c ) Deed dated March 23 , 1939 from Ralph W. Sterling
to the applicant , Olga Cordes , concerning Lot #49 , "Map of
Nassau Farms " ;
(d ) Deed dated May 13 , 1965 from Beatrice L . Dudek
to the applicant , Olga L . Cordes , concerning part of Lot #47 ,
"Map of Nassau Farms . "
7 . It is also noted that the subject "Map of Nassau
Farms " was filed with the Suffolk County Clerk ' s Office in
1935 and is not listed under Section 100-12 "Exemptions "
of the Zoning Code . No action action by the Planning Board
or Zoning Board of Appeals has been found of record con-
cerning the division of this property .
i
Board of Appeals -6- . March 3 , 1988 Special Meeting
(Appl . No . 3702 - CORDES decision , continued : )
8. In considering this application , the Board finds
and determines :
(a) the lot area as exists of 44 ,000± sq . ft . without
the division is not excessive in relation to the- current
zoning requirements ;
(b) the percentages of relief requested as to lot
area and lot width are substantial ;
(c ) the premises was acquired by the applicant' in
"common ownership" more than 30 years ago ;
(d ) during November 1971 the lot area requirements
was increased by the Town from 12 ,500 sq . ft. to 40 ,000 sq .
ft . minimum ;
(e ) during May 1983 , the lot area requirements was increased
by the Town from 40 ,000 sq . ft. to 80 ,000 sq . ft. minimum ;
(f) there is no other method feasible for appellants to
pursue in this subdivision , other than variances ;
(g ) significant economic injury has not :been sufficiently
demonstrated by dollars and cents proof as required by law ;
(h ) in view of all the above factors and the manner in
which the difficulties arose , this Board is , under the circum-
stances , without authority to grant the variances requested .
Accordingly , on motion. by Mr. Douglass , seconded by
Mr . Goehringer , it was
RESOLVED , that the variances requested under Appl . No .
3702 in the Matter of OLGA CORDES be and hereby is DENIED
WITHOUT 'PREJUDICE as applied .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Member Sawicki was absent . ) This
resolution was duly adopted .
s' Southold Town Board of Appeals -7- March 3 , 1988 Special Meeting
DELIBERATIONS/DECISION : Appl . No . 3699 :
Application of EDWARD AND 'BARBARA BETSCH for Variances to the
Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for
permission to construct addition (s ) to dwelling with an insufficient
westerly sideyard setback and insufficient total sideyards . Location
of Property : North Side of Rabbit Lane , East Marion , NY ; County
Tax Map Parcel No . 1000-31 -17-15 .
The Board deliberated and took the following action :
WHEREAS , a public hearing was held and concluded on February 18 ,
1988 in the Matter of the Application of EDWARD AND BARBARA BETSCH
under Appl . No . 3699 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the Board made the following findings of fact :
1 . By this application , appellants request a Variance to
the Provisions of Article III , Section ' 1OO-31 , Bulk Schedule
of the Zoning Code for a reduction of the westerly sideyard
from 10 . 9 feet to 3 . 9 feet for additional bedroom ( liveable
floor) area as shown on the sketches dated September 20 , 1987
and sketched survey.
2 . The premises in question is located along the north
side of Rabbit Lane (a private road) at East Marion , Town of
Southold , and is identified on the Suffolk County Tax Maps
as District 1000 , Section 31 , Block 17 , Lot 15 .
3. The subject premises is improved with a 664± sq .
ft . single-family dwelling structure and accessory garage
located in the rear yard area , all as shown by survey prepared
by Anthony W. Lewandowski , dated October 2 , 1984 . The
setbacks of the dwelling structure are shown to be 7 . 4± feet
from the front property line , 10 . 9 feet at the westerly side
property line , and 10 . 2 feet from the easterly side property
line .
t
Southold Town Board of Appeals -_8:- ; March 3 , 1988 Special Meeting
(Appl . No . 3699 - BETSCH decision , continued : )
4 . Article III , Section 100-31 , Column "A" of the Bulk
Schedule requires : (a) minimum sideyards at 10 and 15 feet ,
and (b) total sideyards at not less than 25 feet . The
sideyards are presently nonconforming .
5 . The amount of relief requested by this application
is a variance of seven feet (10 . 9 feet to 3. 9 feet at the
west side ) , and total sideyards of seven feet (21 . 1 feet
to 14 . 1 feet [10 . 2 + 3 . 9] .
6 . In considering this appeal , the Board also determines
as follows :
(a ) the relief requested in relation to the requirements
is substantial , being a variance of 40% , although the percent-,
age of the established nonconforming setbacks is 33% ;
(b ) the property is a substandard parcel , which lends
to the practical difficulties and uniqueness of this project ;
(c ) the circumstances are unique to the property ;
(d ) the alternative relief as conditionally noted
below will not in turn be adverse to the safety , health ,
comfort , convenience or order of neighboring properties ;
(e ) there will not be an increase in density by the
grant of this variance ;
(f) the alternative relief as conditionally noted below
is the minimum necessary ;
(g ) the practical difficulties claimed are sufficient
to warrant a grant of this variance ;
(h ) there is no other method feasible for appellants to
pursue , other than a variance ;
(i ) that in view of all the above factors , the interests
of justice will best be served by granting the following
alternative relief.
Accordingly , on motion by Mr . Goehringer , seconded by
Southold Town Board of Appeals -g- March 3 , 1988 Special Meeting
(Appl . No . 3699 - BETSCH decision , continued : )
Mr. Douglass , it was
RESOLVED , to DENY the relief as requested for a 12-ft.
addition with a setback at the westerly side at 3 . 9 feet
and total sideyards at 14. 1 feet; and be it further
RESOLVED , to GRANT alternative relief under Appl .
No . 3699 in the Matter of EDWARD AND BARBARA BETSCH , for
an addition at the westerly side Tfor bedroom/liveable floor
area use ) provided that the setback at the westerly side be
not less than five feet , including overhang (s ) , step areas ,
etc . , and total sideyards at not less than. 15 . 2 feet .
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Grigonis and Douglass . (Member Sawicki was absent . ) This
resolution was duly adopted .
PUBLIC HEARINGS were held for the following matters :
7 : 30 - 7 : 33 p.m . Appl . No . ' 3607 - JAMES 0` NEILL and
PETER McSHERRY. William D . Moore , Esq . appeared and spoke
in behalf of the applicants . ' [See verbatim transcript
prepared under separate cover and attached hereto for
reference. ] Following the hearing , motion was made by
Mr. Goehringe_r , seconded by Mr. Douglass , and duly
carried , to close the hearing (pending deliberations ) .
Vote of the Board: Ayes : All ]
7 : 33 - 7 : 36 p .m . A three-minute recess was taken by
the Board and the meeting reconvened at 7 : 36 p .m .
835 p.m . Appl . No . 3701 - CHARLES ZAHRA.7 : 37
Eric J . Bressler , Esq . appeared and _spoke i)n behalf of
the applic.ati:on together with Mr. Zahra . [See verbatim
transcript prepared under separate cover and attached
hereto for reference . ] At the end of testimony , motion
was made by Mr. Goehringer , seconded by Mr . Grigonis and
duly carried ' to close the hearing as to Verbal testimony
and. to continue the hearing for the purposes of additional
on-s.i.te . inspections and field report of„the. Board , and
written i nput , ' up'.unti T MA-RCH, 17 , 1988_, 'at which _time the
hearing will be closed in toto.. Vote of the Board : Ayes : All .
(Member Sawicki was absent. ) This resolution was duly adopted.
1
Southold Town Board of Appeals - 10- March 3 , 1988 Special Meeting
OVERLAPPING JURISDICTION (100-119 .2 Zoning ) . The Board
discussed the problem of overlapping jurisdiction between the
Town Trustees and the Z . B. A. and possible alternatives to
set Z . B . A. jurisdiction at a point 75 feet from the ordinary
highwater mark , 'or at 75 feet from the N . Y . S . Department of
Environmental Conservation tidal wetlands line , whichever is
greater. Town Attorney James Schondebare and Councilwoman
Ruth Oliva joined the discussion and agreed something had. to
be done . The subject is to be continued at the Code Committee
Meeting expected in the near future .
Chairman Goehringer discussed a proposal for the future
in determining Z . B. A. jurisdiction . The Board agreed , and
motion was made by Mr . Goehringer , seconded by Messrs .
Grigonis and Douglass , to 'SET the wetlands line for Z . B. A.
jurisdiction under the Zoning Code (100-119 . 2 ) to be at a
point 0-75 feet fir. am : the ordinary highwater mark , and/or
at 0-75 feet from the N . Y. S . Department of Environmental
Conservation Obtlands boundary line , whichever -is closer .
This interpretation is to be used for future applica-
tions to the Building Department which have not yet been
referred to the Z . B. A. atdthis point in time , pending
revisions of 100-119 . 2 (B) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Member Sawicki was absent. ) This
resolution was duly adopted.
CORRESPONDENCE : Re : Appl . No . 3710 - THE COVE AT
SOUTHOLD INC. The Board confirmed that the hearing on
this matter is scheduled to be held THURSDAY , MARCH 17 , 1988 .
CORRESPONDENCE : Re : Appl . No . 3561 - DOROTHY L .
ROBERTSON . The Board discussed the February 1 , 1988 letter
from Patricia C. Moore , Esq . ( Edson & Bruer ) for relief
different from that granted by this Board January 11 , 1988.
Motion was made by Mr. Goehringer , seconded by Mr. Grigonis ,
and duly carried , to send the following response :
It is the consensus of the Board members that we are
without authority to grant any relief or take any action on
a prior decision of this Board without formal application ,
public hearing , etc .
It was agreed that there is no recourse for the
Board except to consider an amended application after
receiving proof of sufficient notice , etc .
Southold Town Board of Appeals -11 - March 3 , 1988 Special Meeting
UPDATE (pending hearing ) : Appl . No. 3703 - JOHN AND EVELYN
KEATING. The Board reviewed and discussed the correspondence
from Rudolph H. Bruer , Esq . in response to our previous Decem-
ber 31 , 1987 requests for additional information . The Board
indicated that a foundation sketch and map showing the areas
to be disturbed to the north of the proposed dwelling must be
submitted , together with the distances to the ordinary high-
water mark . The Board Members unanimously concurred .
CORRESPONDENCE: Appl . No . 3698 - THOMAS J . ZIMMERMAN .
Decision rendered 'February 2 , 1988 . Copies of Mr. Zimmerman ' s
February 29 , 1988 letter with enclosures was distributed to
the Board Members . Mr. Zimmerman requests discussion in
regard to the Board ' s limitations under the recent appeal .
No action was taken at this time .
UPDATE/PENDING 'APPLICATION No . 3700-SE: HOWARD ZEHNER
(YOUNGS MARINA) . Town Attorney James Schondebare assured
the. Board .that his opinion would be forthcoming soon in
writing concerning the considerable discussions between
he and the Chairman for the elongation of existing boat
slips/docks . The. Board agreed that this project as
submitted should not . have been disapproved by the Building
Inspector for Z . B. A. action . The. Board unanimously agreed
the. this project for elongation of docks or boat slips
jislrhot within Z . B.A. jurisdiction . It was further inter_ ,
pre_ted that consideration by the Board of Appeals will be
necessary for projects involving nonconforming uses , newly
created uses , or new buildings , in this "C-Light Industrial "
Zone District.
DELIBERATIONS/DECISION : A.ppl . No . 3607 - O' NEILL and
'McSHERRY . Continued on page 12.)
1
Southold Town Board of Appeals - 12- March 3 , 1988 Special Meeting
DELIBERATIONS/DECISION : Appl . No. 3607 :
Application of JAMES 'O 'NEILL 'arid PETER 'McSHER'RY for Variances to
the Zoning Ordinance , Article IIJ , Section 100-.31 , Bulk Schedule , for
approval of insufficient area , width and depth of two proposed par-
cels , each with an existing dwelling , located at the corner of the
N/s Wiggins Street and the W/s Eighth Street , Greenport , NY ; Map of
S . Buel Corwin (1885 ) Lots 28 and 29; County Tax Map District 1000 ,
Section 48 , Block 1 , Lot 22 .,_
The Board commenced deliberations and took the following action :
WHEREAS , public hearings were held on February 18 , 1988 and
March 3 , 1988 in the Matter of the Application of JAMES O ' NEILL
and PETER .McSHERRY under Appl . No . 3607; 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 shown on the Suffolk County
Tax Maps as District 1000 , Section 48 , Block 01. , Lot 22 containing
a total area of 12 ,460 sq . ft . with 100 . 41 ft. frontage along
the north side of Wiggins Street and. 125'. 13. ft . frontage along
the west side of Eighth Street , Greenport , Town of Southold . The
subject premises is also referred to as Lot #28 and #29 on the
1885 Filed Map of "S . Buel Corwin at Greenport . "
2 . Existing upon the premises in question are three
structures as follows : (a ) 1 -story frame single-family dwelling
structure located at the extreme southwest corner of the premises
having nonconforming setbacks ; (b ) 2-story frame , single-family
dwelling structure located 28± feet to the south of the northerly
property line .also having insufficient setbacks ; (c ) accessory
garage structure ; all as depicted on survey prepared by Roderick
VanTuyl , P . C . mapped July 30 , 1984 , and as indicated by Certifi -
cate of Occupancy #Z7458 dated January 7 , 1977 and #Z7457 dated
January 7 , 1977 .
3. By this application , appellants request approval of .
Southold. Town. Board of Appeals -13- March 3 , 1988 Special Meeting
(Appl . No . 3607 - O' NEILL and McSHERRY decision ,, continued : )
the insufficient lot area and width of two parcels in this
pending division of land as more particularly .shown on survey
amended March 3 , 1988 , prepared by Roderick VanTuyl , P . C. as
follows : (a ) proposed Lot #1 of 9 ,232 sq . ft. in area and
125 . 13 ft . frontage [width] along the west side . of Eighth
Street with one existing dwelling and accessory garage
structures ; and (b) proposed Lot #2 of 3 ,228 sq . ft.
and 50 . 21 ft. frontage [width] along the north side of
Wiggins Street with an - existing dwelling structure.
4 . For the record it is noted that the premises was
acquired on August 31 , 1982 by the applications by Deed at
Liber 9236 cp 83 .
5 . In viewing the area , the Board finds a majority of
parcels containing an area of at least 12 , 500 sq . ft .
6 . Article III , Section 100-31 , Bulk Schedule of the
Zoning Code requires a minimum lot area of 80 ,000 sq . ft .
and lot width of 175 feet . The percentage of relief
requested by this application is substantial in .relation
to these requirements.
7 . It is also noted for the record : (a ) that each
parcel is and will continue to be serviced via the Village
of Greenport water main ;, (b ) that application (s ) are
pending with the Suffolk County Department of Health
Services concerning the revised land-division and are
temporarily being held in abeyance pending the action
by this Board [see Health Services letter dated January 25 ,
1988 , Bureau of Wastewater Management] ; (c ) there is
no record of final approval by the Planning Board at
this point in time as regulated by Chapter 106 , Subdivi -
sions of the Town Code ; (d ) there do not appear to
have been. any other splits or conveyances of. this
property .
8. It is the position of the Board that the
variances as requested must be denied since the relief
.requested is not the minimal necessary. However, the.
Board finds that the following alternative relief is
feasible , in light of all the above circumstances , and
for the following reasons :
(a ) the area has been designated on the pending
Master Plan Revisions for a minimum lot area of 40 ,000
sq ft . ;
Southold Town Board of Appeals - 14- March 3 , 1988 Special Meeting
(Appl . No . 3607 - O ' NEILL and McSHERRY decision , continued : )
(b ) most of the lots in the immediate area
consist of parcels of at least 12 ,500± sq . ft . ;
(c ) there will be no effect of increased
density since there are two existing dwellings , one
proposed for each parcel ;; ;
(d ) a substantial detriment will not be
produced in the character of the neighborhood or to
adjoining properties ;
(e ) the difficulty cannot be obviated by some
method feasible for appellant to pursue , other than a
variance .
Accordingly , on motion by Mr . Goehringer ,
seconded by Mr . Douglass , it was
RESOLVED , to DENY the relief as requested in the
Matter of JAMES O ' NEILL and PETER McSHERRY under Appeal
No . 3607 ; and
BE IT FURTHER RESOLVED , to GRANT alternative
relief in the Matter of JAMES O ' NEILL and PETER McSHERRY
under Appl . No . 3607 , for a minimum lot area of 5 ,000 sq .
ft . each for proposed Parcels #1 and #2 , not to exceed
one single-family dwelling use , and frontage of 50.21 ft. minimum.
Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Doyen and Douglass , (Member Sawicki was absent . )
This resolution was duly adopted .
CALENDAR OF HEARINGS FOR MARCH 17 , 1988 : On motion
by Mr. Goehringer , seconded by Mr. Grigonis , it was
RESOLVED , to calendar and advertise the following
matters for public hearings to be held by this Board on
THURSDAY , MARCH 17 , 1988 at the Southold Town Hall , Main
Road , Southold , New York :
(continued on page 15 )
Southold Town Board of Appeals - 15- March 3 , 1988 Special Meeting
(Hearings Calendar 3/17/88, continued : )
7 : 30 p .m. Appl . No. 3714 - DALE MAYNARD
7 : 40 p .m. Appl . No . 3713 - ROBERT STARON
7 : 45 p .m. Appl . No . 3711 - ERNEST AND DORIS ROBINSON
7 : 50 p .m . Appl . No . 3712 - ROBERT CLEMENS
8 : 00 p.m. Appl . No . 3543 - PETER AND BARBARA HERZ
8 : 20 p .m . Appl . No . 3687 - JON C . KERBS
8 : 35 p .m. Appl .. No . 3710 - THE COVE AT SOUTHOLD , INC .
Vote of the Board: Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Member Sawicki was absent. ) This resolu-
tion was duly adopted .
Transcripts of ton.i.ght` s hearings are attached for
reference .
There being no other business properly coming before
the Board at this time , the Chairman declared the meeting
adjourned. The meeting was adjourned at 9 : 50 p . m.
Respectfully submitted ,
inda F : Kowalski , Secretary
Southold Town Board of Appeals
. . . . . . . . . . . . —> . .
Approved - May 12 , 1988
Gerard P. Goehr.inger , Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERIC
DATE 6/7 hY HOUR 9=g o A yh
Town Clerk, Town of Southold