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HomeMy WebLinkAboutZBA-01/11/1988 SPEC o��FFn��oG - z T - Southold -Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N. U T .E S SPECIAL 'MEET.ING MONDAY , JANUARY 11 ; 1988 A Special Meeting of the Southold Town Board of Appeals was held on Monday , January 11 , 1988 at the Southold Town Hall , Main Road , Southold , New York 11971 , (at the east end office area ) . Present were : Gerard P . Goehringer , Chairman ; Charles Grigonis , Jr. ; Robert J . Do-uglass ; and Jose-ph-H. Sawicki . Absent was : Serge Doyen (Fishers Island) . Also present were : Linda Kowalski , Z . B . A. Secretary , Victor Lessard , Building-Department Administrator , Suffolk Times Reporter Jack Williams , and three persons in the audience at the beginning of the meeting. The Chairman opened the meeting at 7 : 15 p .m . and the Board proceeded with deliberations , as follows : DELIBERATIONS/DECISIO.N : Appl . No. 3695 - Special Exception . Application of HENRY J . SMITH & SON INC . for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to construct truck-storage building in this "C-Light Industrial " Zoning District at premises known as 2740 Peconic Lane, Peconic , NY ; County' Tax Map District 1000 , Section 74 , Block 2 , Lot 19. 1 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on December 10 , 1987 in the Matter of the Application of HENRY J . SMITH & SON under Application No . 3695; and WHEREAS , at said hearing all those who desired to be heard Southold Town Board of Appeals -2- January -11 , 1988 Special Meeting (Appl . No . 3695 -. H.. J . SMITH & SON , decision , continued : ) were heard and their testimony recorded; and WHEREAS , the Board has carefully considered -all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board . made the following findings of fact .- 1 . The premises in question is located along the east . side of Peconic Lane (extending to the west side of Carroll Avenue , Pec_onic ; is . located in the "C-Light Industrial " Zoning District ; And is identified on the Suffolk County Tax Maps ' as District 1000 , Section 74 , Block 2 , Lot 19. 1 (prev . 19 and 12 ) . 2 . ;The subject premises is improved with the following structures : (a ) wood-frame 25 ' by 25 ' one-car garage and carport building , (b) above-ground elevated storage tank , (c )_ 20 '. by 24 ' wooden-frame [storage]_. building , all as shown on the August 24 , 1987 Site Plan prepared by Samuels-Steelman , Architects . 3 . By this application , applicant requests a Special Exception concerning the use of a proposed one-story garage building for storage of fuel -oil trucks associated with Henry J . Smith & Son (the current occupant of the premises ) . The building proposed is of a size 36 ft . by 75 ft .' with a ,minimum setback of 30 feet from the nearest southerly property line and at . 190 feet from the westerly front property line . The subject building is proposed to be located directly over the division line between Lots 1 and 2 (see . endorsed , subdivision map of the Planning Board of March 1985 ) . 4 . For the record it is also noted that : (a ) the width of the subJect premises as exists -was sanctioned under Appl . No . 3309 on January 24 , 1985 for the division approved by the Planning Board - in March 1985 , (b ) the premises was .the subject of prior Appl . No . 676 of June 25 , 1964, for a division of land concerning premises identified as Lots 22 and 23 on the Suffolk County Tax Map , District 1000 , Section 74 , Block - 3 . 5 . It shall be understood based upon the submissions under Southold Town Board of Appeals -3- January 11 , 1988 Special Meeting (Appl . No . 3695 - H . J . SMITH & SON decision , continued : ) this application that : (a) the subdivision of Lots 1 and 2 shall become null and void in its entirety once a building permit has been issued and construction commenced ; (b) a Covenant in legal form shall be furnished to the Planning Board from the. property owner , with copies to the Building Department and Board of Appeals , certifying the waiver and nullification of the 1985 Subdi.vis_ion , and .re-merging the premises into one lot as shown on the Site Plan Map prepared August 24 , 1987 by Samuels-Steelman Architects under consideration ; (c ) in the event Items (a ) and (b ) , supra , are not complied with , no building permit[s] shall be issued unless application is filed and considered. by this Board for an Amended SpecialException (or other action as may be deemed necessary accordingly) . 6 ., It shall also be understood that this project : (a) shall not violate any building or zoning code regulations ; (b ) appropriate screening and lighting which will not be adverse to neighboring residential properties will be provided and additionally considered by the Planning Board under the requirements of Article VIII , Section 100-80 . 7 . In considering this application , the Board also finds and determines : (a ) that the use requested is consis- tent and coincidental to the established fuel -storage use of of the premises ; (b) that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts ; (c ) the use will not adversely affect the safety , welfare , comfort , convenience , or order of the town ; (d) the use is in harmony with and promotes the general purposes and intent of this C-Light Industrial Zoning District. The Board has also considered subsections [a] through [ 1 ] of Article XII , Section 100- 121 - (C ) [2] of the Zoning Code in. making this determination . Accordingly , on motion by Mr. Sawicki , seconded by Mr. Douglass , it was RESOLVED , to GRANT a Special Exception for permission 5 , . I Southold Town Board of Appeals -47 January 1;1 , 1988 Special Meeting (Appl.. No . 3695. - H. J . SMITH& •SON decision , .conitinued : ) to use proposed storage building for, the storage� of trucks. incidental and consistent - with the existing use !(for fuel oil stor. age ) . of. HENRY J . SMITH & SON ; SUBJECT TOjTHE FOLLOWING 'CONDITIONS : I 1 . Compliance with paragraphs 5 and 6 , sup;ra; 2 . Main egress/i.ngress shall be off the east side of , Peconic Lane (rather. than Carrol.l . Avenue,).;. I 3 . Action of the Southold Town Planning. Board concerning Site-Plan approval , etc . Vote of I. the Board : Ayes . Messrs. Goehringer , Grigonis, Douglass and Sawicki . (Member Doyen of Fishers !Isla.nd was absent . ) This resoluti-on was duly adopted . i Pending Application : Appl . No . 3691 - HOSNY SELIM . Public Hearing held and concluded December 10 , 1987 . The Board deliber---• ated briefly and it was decided to reinspect the premises . This matter will be deliberated again at the next meeting on Thursday , January 14 , 1988 . i i i ' I i i I I I i I I i i i Southold Town Board of Appeals -5- January 11 , 1988 Special Meeting DELIBERATIONS/DECISION : Appl . No . 3689 : Application -of PETER AND DIANE LUHRS for a Special Exception to the Zoning Ordinance , Article VII , Section 100-70 (B )' for permission to con- struct addition for a repair station in . conjunction with Special Excep- tion Permit #3161 rendered October 11 , 1983 , at premises known as 45845 North Road , Southold , NY; County Tax Map District 1000 , Section 55 , Block 2 , Lot 17 . Zone' District : " B-l .' " The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on December 10 , 1987 in the' Matter of the Application .of PETER AND DIANE . LUHRS under Application No . 3689; 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 'viewe,d and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is located along the north side of C . R . 48 , Southold , with 149. 42 ' frontage and a total lot area of 21 , 931 sq . ft . 2 . The subject premises is located in the "B-l " General Business Zoning District and is improved with a 35 ' by 50 ' concrete -.block b-,uilding having a frontyard setback at 41 feet from the southerly. property line , 552 feet from the easterly property line , 45 feet at the westerly property' line , and 42 feet at the northerly property line (at its closest points ) . 3. By this application , applicants request a Special Excep- tion for permission to utilize -proposed 30 ' by 60 ' addition at the east side for vehicle repairs and garage use . The proposed addition is shown on the October 9 , 1987 Site Plan Map to be set back 29 feet (at its closest point) from the easterly property line and 452± feet from the front property line . The setback proposed at the northerly yard area is 42 feet. Southold Town Board of Appeals -6- January 11 , 1988 Special Meeting (Appl . No . 3689 - LUHRS decision , continued : ) 4 . It is noted for the record that a Special Exception has been previously granted with conditions under Appl . No . 3161 on October 11 , 1983 for this public garage/repair station . 5 . In making this determination , it shall be understood that this project shall not violate any building or zoning code regulations . 6 . In considering this application , the Board also finds and determines : (a ) that 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 promotes the general purposes and intent of this Zone District . The Board has also considered subsections [a] through [ 1 ] of the Zoning Code in making this determination . Accordingly , on motion by Mr. Grigonis , seconded by Messrs . Sawicki and Goehringer, it .was RESOLVED , to GRANT a Special Exception for the establish- ment of an addition for vehicle repairs and garage use as applied under Appl . No . 3689 in the Matter of PETER and DIANE LUHRS , SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Compliance at all times with the conditions of the prior determination of this Board under Special Exception Action #3161 rendered October 11 , 1983 ; 2 . No outside storage in the front yard or any side yards ; 3. Four-foot high chainlink. fence as proposed shall be maintained in good condition , and without a gate at the east side ; 4 . There shall be no egress or ingress onto the County right-of-way abutting the subject premises on the easterly side ; 5 . Minimum three-foot high plantings shall be placed and maintained across the front and easterly yard areas as recom- mended by the Planning Board under their site-plan review , and as a minimum those areas depicted on the October 9 , 1987 Site Plan map prepared by Roderick VanTuyl , P . C . ; 6 . No overhead doors to be placed on the front (street side ) of the building facing C . R. 48 . Vote of the Board : Ayes : ' Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -7- January 11 , 1988 Special Meeting DELIBERATIONS/DECISION: . Appl . No . ' 3561 : Application of DOROTHY L .­ROBERTS.ON for Variances to the Zoning Ordinance , Article _III , Secti.on. 100=31 , Bulk Schedule , for approval of the insufficient lot area of two , p.roposed parcels in this. pending set-off division of land with frontage .along the south side of North View Drive , the east side of Private. Road , and the north side of South View Drive , Orient , 'NY-,- Tax Map District 1000 , Section 13 , Block 1 , Lot 10 .. The. Board deliberated and took the following action . WHEREAS , a public hearing was held and concluded on December 10 , 1987 in the Matter of the App.lication_. of DOROTHY 'L. ROBERTSON under .Appl . No . 3561 ; 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 described parcel of land containing a total area of 2 . 508 acres with frontages along.. three streets , as follow : (a ) 172 . 64 feet along the east side of Private Road , . . (b ) 292 . 53 feet along the .north side of South View Drive , (c ) 320 . 98 feet along the south- side of .North View Drive , at Orient . 2 . The subject premises 'is : (a ) identified on the Suffolk County Tax Maps as District 1000 , Section 13 , Block 1 , Lot 1.0 , and (b ) i s ' improved with a one-story , single-family framed- dwelling and and 29 x 13 ft . accessory shed_ structure , as sho.wn by map prepared July 2 , 1974 , amended_ July 3 , 1984 , and August 18 ,. 1986 by. Roderick VanTuyl , P . C . 3 . By this application , appellant requests approval of the insufficient lot area of tw.o.._ p_roposed parcels in this 5 Southold Town Board of Appeals -8- January 11 , 1988 Special Meeting (Appl . No . 3561 : ROBERTSON decision, continued : ) pending division of land as follows : (a ) 40 ,032 sq . ft . for proposed Parcel #1 , and (b ) 69 , 211 sq . ft. of proposed Parcel #2 . The existing dwelling would be within the perimeter of Parcel #2 , and the accessory shed would be within Parcel #1 . 4. Town records show that the subject premises was conveyed to Douglas M. and Dorothy Robertson on May 26 , 1970 by Deed at Liber 6747 cp 480 .. 5 . The immediate block consists of three other parcels , as follows : (a ) Lot 11 , Section 13 , Block 01 , of an area of 40.,500± sq . ft._; (b ) Lot 9 'bf 2 . 25± acres; (c ) Lot 8 of 1 . 25± acres . 6 . For the record it is noted that a majority of the lots in the immediate area consist of a size of 40 ,000± sq . ft . or less . 7 . It is the opinion of the Board that a denial of the relief requested will not be within the interests of justice , particularly 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 . ; (b ) most of the lots in the immediate area consist of parcels of a similar size , or smaller than that proposed ; (c ) there will be no effect of increased population density thus produced on available governmental facilities (fire , water , etc . ) ; (d ) a substantial change 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 applicant to pursue , other than a variance . 8 . It is the .positi.on of this Board in making this determination that the area of each of the two lots in ques- tion shall contain a minimum area of 50 ,000 sq . ft. rather than the square footage requested herein . Accordingly , on motion by Mr . Goehringer , seconded by Mr. -Sawick'i , it was RESOLVED , to DENY the relief as requested of 40 ,032 sq . ft. and 69 ,211 sq . ft . , and to GRANT alternative relief in the Matter of . the Application of DOROTHY ROBERTSON for a minimum lot area of 50 ,000 sq . ft . each for proposed Parcels Southold Town Board of Appeals - 9- January 11 , 1988 Special Meeting (Appl . No . 3561 - ROBERTSON decision , continued : ) #1 and #2 , SUBJECT TO THE FOLLOWING CONDITIONS: 1 . There be a sideyard setback for the existing dwelling from the proposed division line at not less than 25 feet ; 2 . One original map shall be furnished as early as possible certifying the area of the parcels in question , setbacks , etc . for permanent recordkeepin.g . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board. of Appeals -10- January 11 , 1988 Special Meeting DELIBERATIONS/DECISION : Appl . No . 3566 : Application of THEODOSE 'TRAT.A.ROS 6hd '.ERAKLIS 'APODIACOS . Variance to the Zoning Ordinance , Arti.cle - I_II , Sectio.n. 100=31 , Bu1k .Schedu1e , for approval of insufficient lot area of proposed Parcel_ #1 in this . pending set-off division of land locate_d .alo.ng the south side of the Main Road , and extending along th.e east side of Wiggins Lane , Green- port , NY ; County Tax Map District 1000 , Section 35 , Block 5 , Lot 3 ; containing a total area of 3 . 262 acres . The Board deliberated and took the following action : WHEREAS, a public hearing was held and concluded on December 10 , 1987 - in the Matter of the Application of THEODOSE TRATAROS and ERAKLIS APODIACOS under Ap.pl_... No . 35.66; and WHEREAS , at said he 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 3 . 262-acre described parcel of land having frontage along the south side of the Main Road (S .-R. 25 ) of 11.0 .0 feet and average lot width of 173± feet and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 35 , Block 5 , Lot 3 . 2 . The subject premises is located in the "A-80 Residential and Agricultural Zoning District and is improved with the following structures as depicted by survey map prepared by Roderick VanTuyl , P . C . as mapped December 22 , 1986 ; (a ) single-family dwelling with attached g_arage having a setback 48± feet from the front.. [northerly] property _line, and 21 ± feet from the easterly [side] property line , at its „cl_osest points ; (b) accessory shed, (prev . horse barn ) ; (c ) two small accessory structures .._ 3. For the record , it is noted that the subject premises was Southold Town Board of Appeals -11 - January 11 , 1988 Special Meeting (Appl . No . 3566 - TRATAROS & APODIACOS decision , continued : ) conveyed on November 20 , 1976 from John Ricapito and Mary R i c a p i t o to Eraklis Apodiacos , Zoe Apodiacos , Theodose Trataros and Efstathia Trataros by Deed at Liber 8146 cp 392 . 4 . By this application , appellants request approval of the insufficient area of_ propose.d Parcel #1 of 62 , 104 sq . ft . 5 . Article III , Section *100-31 , Bulk Schedule , of the Zoning Code requires a minimum lot area of 80 ,000 sq . ft. for each parcel not to exceed one dwelling unit upon each parcel . 6 . It is the understanding of this Board that the use of each parcel will be for one-dwelling use , for a maximum increased density of one dwelling , for a total of two dwelling units for both lots . 7 . The amount of relief requested is 17 ,896 sq . ft. for proposed Parcel #1 , or 22% of a variance . 8. It is the opinion of the Board that the variance requested is not the minimal necessary and that an alternative plan could be resubmitted , particularly due to the placement of the 50-ft . right-of-way easement reservation recommended by the Town Planning Board , which would allow a more equal and better use of the property . Accordingly , on motion by Mr. Grigonis , seconded by Mr . Sawicki , it was RESOLVED , that the relief requested under Appl . No. 3566 in the Matter, of THEODOSE TRATAROS and ERAKLIS APODIACOS for the proposed insufficient area of Parcel #1 of 62 , 104 sq . ft . BE AND HEREBY IS DENIED WITHOUT PREJUDICE . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis , and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town. Board of Appeals -12- January 11., 1988 Special Meeting DELIBERATIONS/DECISION : Appl . No . 3696 : Application of RICHARD NA,SS for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal , at premises known as 50 Willow Point Road , Southold , NY ; County Tax Map District 1000 , Section 56 , Block 5 , Lot 25 . The Board deliberated and took the following action : WHEREAS , a pu.blic . hearing was held and concluded on December 10 , 1987 in the Matter .of the App_lication. of RICHARD NASS' under Appl . No . 3696 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 in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 5 , Lot 25 . 2 . The subject premises contains a total area of approximately 18 ,000 sq . ft . with frontage of 100± feet along the north side of Willow Point Road and frontage along Budd ' s Pond (canal ) of 132 feet . The subject premises is more particularly known as Lot #23 on the approved Subdivision Map of Willow Point of June 16 , 1966 , Map #4652 . 3 . The subject premises is improved with a lz-story frame single-family dwelling as shown on the June 16 , 1987 copy of a survey prepared by August Nappi , Northport , NY , certified to George and Ruth Dornauer , scaled out to 42± feet from the front property line and 64± feet from the existing bulkhead. 4 . By this application , appellant requests a Variance under the Provisions of Article XI , Section 100-119 . 2 ( B) of the Zoning Code for permission to construct a new open-wood deck construction at the north side of the existing dwelling of a size approximately 30 ' by 10 feet as shown by the sketch submitted with this applica- tion and leaving an insufficient setback at not less than 54 feet from its closest point from the existing bulkhead . 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 Southold Town Board of Appeals - 13- January 11 , 1988 Special Meeting (Appl . No . 3696 - NASS decision , continued : ) (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the tidal wetland , whichever is the greater distance . 6 . 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 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 . 7 . It is the opinion of this Board as follows : (a) -the relief requested in relation to the requirements is substantial ; however the relief requested in relation to the existing nonconforming setback as applied is not substantial ; (b) similar setbacks are established in the immediate area ; (c ) the circumstances of the property are unique and the circumstances are not personal in nature , particularly due to the nonconforming lot size , width , setback from bulkhead ; (d) the variance if granted as applied would not in turn be adverse to the safety , health , comfort , convenience , or order of neighboring properties ; (e ) there will not be an increase in population density thus created by this variance ; (f) there is no other method feasible for appellant to pursue other than a variance ; (g ) the relief requested is the minimal necessary and is not unreasonable ; (h ) that in view of all the above factors , the interests of justice will best be served by granting the relief, as condi - tionally noted below . Accordingly , . on motion by Mr . Douglass , seconded by Mr. Grigonis , it was Southold Town Board -of Appeals -14-January 11 , 1988 Special Meeting (Appl . No . 3696 - NASS decision , continued : ) RESOLVED , to GRANT a Variance for the construction of the open-wooden. deck construction , as applied in the Matter of the Application of RICHARD NASS under Appl . No . 3696 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Deck not exceed a total 30 ' wide by 28 feet deep , or extend further than 10 feet from the rear edge of the dwelling as exists [as applied]; 2 . Nearest setback from the bulkhead for the proposed deck be not closer than 54 feet [as applied] ; 3 . The deck construction remain open and unroofed [as applied] ; 4 . Any and all outside lighting shall be shielded to the property (similar to a mushroom-type shi'el.d) and not adverse to neighboring properties . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board of. Appeals -15- January 11 , 1988 Special Meeting DEU BER.ATT.ONS/DECISION : Appl . No . 3686 : Application of 'FREDERICK 'AND 'DIANE RAYMES' for Variances to the Zoning Ordinance ; Articles: a XI, Section_ 100-119 . 2 for permission to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet , (b) III , Section 100-31 for permis- si_on to locate dw._ell._ing with an insufficient frontyard setback , at premises- known as 704 Wiggins Lane , _Greenport , NY ; County Tax Map .District 1000 , Section 35,, ;Block 4., Lot 1„9 . The Board deliberated:.and took the following action :, WHEREAS , a public hearing was held and concluded on December 10 , 1987 in the Matter of the Application of FREDERICK AND DIANE RAYMES under Appl . No . 3686 ; and WHEREAS , at said hearing a,ll 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 35 , Block 4., Lot 19. 2 . The subject premises contains a total area of approximately 14 , 316 sq . ft. with frontage of 115 .0 feet along the west side of a private right-.of-way (extending off the south end of Wiggins Lane , Greenport and with frontage along Fordham Canal of 127 .06 feet. ..The lot in question is a described parcel and is presently vacant. 3 . On or about September 28 , 1987 , appellants submitted an application to the Building Inspector for the placement of a new single-family dwelling and a Notice of Disapproval was issued by the Building Inspector dated September 30 , 1987 indicating the requirement of action from the Board of Appeals under Article XI , Southold Town Board of Appeals - 16- January 11 , 1988 Special Meeting (Appl . No . 3686 - RAYMES decision , continued : ) Section, 1007119.2 for construction within 75 feet of wetlands and Article III, Section 100=31 , Bulk Schedule , for construction with .reduce.d frontyard setback , as well as action by the Town Trustees under Chapter 97 . 4. The initial map submitted (to the Building Inspector) was a copy of a portion of an undated survey prepared for Charles a_nd .Helen King showing the proposed_ structure with estimated setbacks and showing a tie line along a dredged canal . 5 . By this application , appellants have applied under the Provisions of Article XI , Section._ 100-119 . 2 for permission to 1ocate new dwelling ,_ as more particularly shown on survey dated November 10 ,_. 1987 prepared by Roderick VanTuyl , P . C . at 27± feet from an existing bulkhead at highwater line . 6 . The setback from the front property line is proposed at 35 feet , the depth of the house is proposed -at 35 feet , and proposed deck at 8 feet. 7 . Article XI , Section 100-119. 3 ( B) requires all buildings and structures located on lots adjacent to tidal water bodies other than t..he Long Island Sound to be set back not less than seventy-five (75 ) fee_t from the ordinary highwater mark. of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the tidal wetla.nd , whichever is the greater distance . .8 . It is the opinion of this Board that as an alternative the dwelling structure should be setback not less than 40 feet to the existing bulkhead and allowing a reduction .of the front- yard setback to not closer than 20 feet. The subject parcel is ..at a deadend right-of-way and a reduced frontyard setback is more feasible . A reduction from the highwater mark to 27 feet is very substantial and. would not .be in the best interests of justice . 9. It is the opinion of this Board that : (a ) the alternative relief is not substantial in rela- tion to those generally existing in the area ; (b ) the alternative relief is substantial in relation Southold Town Board of Appeals -17- January 11 , 1988 Special Meeting (Appl . No . 3686 - RAYMES decision , continued : ) to the requirements ; (c ) the circumstances of the property are unique as to nonconforming lot size and width ; (d) there will not .be an increase in population density thus created by this variance ; (e ) there is no other method feasible for appellants to pursue other than a variance ; (f) the alternative relief is the minimal necessary and is not out of character with the area ; (g ) in view of all the above factors , the interests of justice will best be served by denying the variance as applied and granting the following alternative relief. Accordingly , on motion by Mr , Grigonis , seconded by Mr. Goehringer , it was RESOLVED , to DENY the relief as requested , and BE IT FURTHER RESOLVED , to GRANT the alternative relief for the con- struction of a new single-family dwelling structure in the Matter of the Application of FREDERICK AND DIANE RAYMES under Appl . No . 3686 , SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Setback from the front property line along the private right-of-way shall not be less than 20 feet; 2 . Setback from the existing bulkhead at its closest point shall not be less than 40 feet ; 3. Sideyards shall be not less than 10 and 15 feet , or 25 feet total , (pursuant to Article III , Section 100-31 , Bulk Schedule of the Zoning Code ) . 4 . Total lot coverage shall not exceed twenty (20%) percent of the total lot area (pursuant to Article .III , Sec- tion 100-31 , Bulk Schedule of the Zoning Code ) . 5 . This action shall not include the approval of any other (accessory ) structures which may require variances subsequently . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -18- January 11 , 1988 Special Meeting INTERPRETATION : "ONE-DWELLING UNIT" : On or about October 21 , 1987 , the Board of Appeals received a request by Victor Lessard , Building-Department Administrator , which read as follows : . . . October 21 , 1987 . . . In order to clarify the intentions of NYCRR Executive Laws and the Southold Town Code , I am requesting a determination for the term "one dwelling unit . " The area that needs clarifica- tion is , what restrictions , if any , would be for bathrooms , kitchens , i . e . stoves or cooking facilities , etc . Bedrooms are spelled out for size , in the construction code already . Actually , what are the maximum allowable areas in a one family unit , without the possibil - ity of it becoming a multiple unit , i . e . more than one family unit . Present descriptions in the Town Code refers to but does not define "one dwelling unit" in the category that I am seeking a clarification on . Attached in a copy of NYCRR Executive Section #9-606 for your study . . . . FROM : Victor G. Lessard Executive Admin . . . . It is noted fo.r the record that it is the understanding of this Board that legal communications have been transmitted to the Building Department , dated October 20 , 1987 and October 23 , 1987 concerning this area from Francis J . Yakaboski , as Special Town Attorney . There are recent situations which have proposed new dwellings with two separate kitchen and living areas which prompted the Town Attorney ' s input to discontinue �.dch a prac- tice . The definition of "dwelling unit " in Section 100- 13 of our Zoning Code reads as follows : . . . A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one (1 ) family , including any domestic servants employed on the premises , and having no enclosed space (other than vestibules , entrance or other hallways or porches ) or cooking or unitary facilities in common with any other "dwelling unit . " A house trailer , a boarding- or rooming house , convalescent home , fraternity or sorority house , hotel , ..motel , inn , lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit" . . . . Southo:l d Tow,n: .Boa_r.d. .of. .Appeals - 1 9- January 11 , 1988 Special Meeting ( Interpretation- "One Dwelling Unit" , continued : ) It is this. Board ` s. interpretation as follows : Any building , or portion thereof, forming a single habitable unit 'and containing at '. least one kitchen , and_ not more than one. kitchen andjor cooking facility shall be deemed a "dwelling unit" under the Southold Town Zoning. Code . Our Code precludes more than one kitchen . and/or cooking facility in a one-dwelling unit , and accordingly , a plan submitted through your office which shows intent to install plumbing facilities for a second kitchen area must be denied . This interpretation is based on the definition of "dwelling unit" as worded in Section 100-13 of the Zoning Code of the Town of Southold , which supersedes a.11 other definitions by state , federal , city , county or village laws . Motion was made by Mr . Goehringer , seconded by Member Douglass , concurring with the above and directing a written response to the Building Department accordingly . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Gri: gonis and Sawicki . (Member Doyen of Fishers Island was absent due to weather conditions . ) This resolution was duly adopted . APPROVAL OF MINUTES : On motion by Mr. Grigonis , seconded by Mr. Douglass , it was RESOLVED , to APPROVE the Minutes of the following Meetings of the Board of Appeals as submitted : Wednesday , November 18 , 1987 Special Meeting - Pp . 1 -50 and Thursday , December 10 , 1987 Regular Meeting - Pp . 1 -27 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . Southold Town Board of Appeals -20- January 11 , 1988 Special Meeting UPDATES - Other : Appl . No . 3692 and Appl . No . 3693 - S . PERRI- CONE 1ND ANOTHER. Variance for placement of new dwelling within 75 feet of nearest wetland area under Art . XI , Section 100- 119 . 2 . Lupton Point Road , Mattituck . Town Trustee review-' pending at this time under Article 97 of the Town Code . Transmittal. to Town Trustee for their record- keeping and information of the recent response from the Soil and Water Conservation District of Suffolk County and urging the Town Trustees action to be limited to that area within their jurisdiction (and more particularly seaward of the 75- ft . setback line from wet- lands and not landward if possible ) . UPDATE : Appl . No . 3703 - JOHN AND EVELYN KEATING. Receipt of new application . The following additional information is awaited prior to advertising this matter for the February - hearing : (a ) confirmation of the type of foundation and height; (b) confirmation as to whether the existing dwelling and accessory building (s ) will be demolished , renovated , relocated , etc . (c ) furnish , if possible , the setbacks of dwellings on the .abutting properties from the closest points of the top of the bluff; (d) flag all outside corners of proposed new construction ; (e) furnish recent photographs of the slope and area within 100 feet of the bluff , under consideration . UPDATE : Appl . No . 3707 - JOSEPH F. CITARDI . Receipt of new application . The following additional. information is awaited prior to advertising this matter for public hearing : (a) application and/or updates with the N . Y . S . D . E. C . concerning their jurisdiction ; (b ) flag all outside corners of proposed construction ; Southold Town Board of Appeals -21 - January 11 , 1988 Special Meeting (Appl . No . 3707 - CITARDI updated , continued : ) (c ) submit photographs of the flagged areas (and any areas which may be seaward of same] ; (d ) indicate the setbacks of neighboring structures from the bank and from the front property line ; (e ) submit one copy of the proposed construction plan [including foundation and height information] as early as possible for consideration . (f) copy of action by the Town Trustees [when available] . UPDATE: Appl . No . 3701 - CHARLES AND JEAN ZAHRA. Receipt of new application acknowledged . The following additional information is expected to be furnished in the near future and a tentative hearing date was agreed for February : (A) Prior to the issuance of the subject building permit : 1 . Survey or certified diagram showing the exterior walls [footprint] of the principal building , and 2 . Diagram showing the building and floor construction ; (B ) For each phase of construction : 1 . Survey or certified diagram showing the exterior walls [footprint] and building-floor plan [more particularly the changes as constructed progressed] ; (C ) " Before" and "After" diagrams depicting the total square footage and use[s ] of each room or floor ; Confirmation to be received by Eric Bressler , as Attorney for Mr . and Mrs . Charles Zahra , before advertising hearing date . OTHER UPDATES : Pending Applications for which additional information has been requested and not received : Southold Town Board of Appeals -22- January 11 , 1988 Special Meeting ( Updates , continued : ) Appeal. No. 3495 - JOHN AND GLORIA SHIRVELL . Variances for insufficient area , width and depth of two proposed parcels . North Side of Pine Tree Road , Cutchogue . (Await Co . Health Art . VI waiver/action before .advertising . ) Appeal (incomplete ) for LOIS AND FRANK THORP. East Side of West Lane and S/s North Lane (private , off the east side of Orchard Lane , East Marion . Variances for approval of insufficient area , width , depth , etc . of lots in pend- ing division . (**Await Notice of Disapproval after application to Building Department , reissuance of filing fee , postmarked certified-mail receipts , etc . ) Appeal No . 3293 - HAROLD AND JOSEPHINE DENEEN . Variances for -proposed insufficient area , width and depth of three parcels . W/s ROW off the S/s Bayview Road (west of Waterview Drive ) , Southold . 280-a not requested. ( **Await Co . Health Art . VI and DEC approvals/action . ) Appeal No . 3367 - LOIS AND PATRICIA LESNIKO:ISKI . Variance for, approval of two proposed parcels with insufficient area and width . S/s North Drive , Mattituck . ( **Await DEC , building envelope setbacks , and setbacks from wetland grasses . ) Appeal No . 3355 - PAUL AND MARIETTA CANALIZO . Variance to construct with insufficient setback in frontyard from wetlands ., (**Await, DEC and wetland setbacks map . . Trustees reviews pending--new application may be necessary for Trustee action . and DEC action updates . ) Appl . No . 3249 = 'DONALD P . BRICKLEY . Variance for insuffi - c.ient area and width. S/s Bay Avenue and E/s Broadwater Drive , Cutchogue . (**Await. DEC , Co. H. Art . 6 , and contour maps--wetlands areas included . ) Appl . No . 3268 - J . KATHERINE TUTHILL . Variance for insufficient area , width and depth of lots proposed in this "C" Zone . Planning Board denied 9/84 . (**Await DEC and Co . Health Art . 6 action after formal applicati-ons . ) Appl . No . 3537 - ROBERT AND SUSAN D ' URSO . Breezy Path , Southold. Await DEC , C_o . Health and Trustee actions (after formal applications ) to complete file for coordina- tion , etc . New dwel-ling with insufficient setback from wetlands and bulkhead . R. Bruer , Esq . Southold Town. Board of Appeals . -23-_ . January 11 , 1988 Special Meeting (.Updates , continued : ) Appeal No . 3445 - JULIUS ZEBROSKI . Variance for approval of .insufficient area and width of two pro- posed lots . E/s Waterview Drive and N/s Bayview Road , Southold. (**Await Art. VI action and copy of C.O . ) Paul Caminiti , Esq . Appeal No. 3449 — FRANK AND ETHEL BEGORA. Variances . for insufficient area , width and depth in this pending division (three parcels ) . N/s Main Road , East Marion . (Await P. B. appl.ication/referral comments after sub- mission of corrected maps . (for' three rather than two ; await C. O. of record , if any . ) Paul Caminiti , Esq . Appeal No . 3403 - ANNA LORIA. Variances for approval of. two parcels having insufficient area , width and depth in this pending division of land. W/s First Street and N/s King Street , New Suffolk. (Await Co . Health Art . VI action after application. ) Appeal No . 3426 - GERALD DOROSKI . Variance for approval of access (280-a) . N/s C . R . 48 , Peconic . (Await additional information to clarify R014 and P . B. input on pending division abutting premises to the east . ) Appeal No . 3411 - ANDREW FOHRKOLB . Variance to restore existing building for habitable use (additional dwelling unit) . S/s Lipco Road , Mattituck . (Await scaled floor plans and C. O . ) Helen Rosenblum , Esq . Appl . No . 3607 - JAMES P. O ' NEILL AND PETER J . McSHERRY . Area , width , depth variances . Wiggins & 8th Streets , Greenport. [Await Co . Health action and copy of Pre-C . O. I . Appl . No . 3685 - LESTER & HOPE ALBERTSON. Await Planning Board input and County HeaTth Art. VF action before publication . 36125 Main Road , Southold . Area & Width variances . B-1 Zone District. Appl . No . 3545 - PATRICK STIGLIANI . Main Bayview Road , Southold. Await Co . Health Art . 6 action . Area , width and depth variances . Alfred Skidmore , Esq . (Village water not available) . Appl . No . 3542 - CLIFFSIDE ASSOCIATES/TIDEMARK. Await copies of updated certification on amended maps by Building Inspector , and continuation of SEQRA process Amended Maps were submitted , Village contracts received 4/87 . (P. B. lead agency status-GEIS pending review. and determination as of 1 /88.) . Southold Town Board of Appeals -24- January 11 , 1988 Special Meeting UPDATES (continued ) : Appl . No . 3575 = ROSA HODGSON . Variances as to insufficient area and width of proposed 45 ,000± sq . ft. lot from 7'. 152-acre parcel . N,/s Pine Neck Road , Southold. Await Co . Health Art . 6 action , clarification as to Pre-C. O. structures . Appl . No . 3389 - THEODORE PETIKAS. Variance to use resi- dential portion of premises for restaurant use . W/s Sound Road and N/s Main Road , Greenport. Await further instructions from attorney or applicant. PB revisions (pending ) . Appl . No . 3206 - HENRY P .' . SMITH. Variances for insufficient area and width (two lots ) .,.. W/s .Peconic Lane , Peconic . Multiple . business uses . P . B. recommendation of 24 parking spaces received. (No communications from application since 7/26/84) . Appl . No . 3548 - FRANK R. ZALESKI . Variances for insufficient area , width and depth three parcels in pending division ) . E/s Deep Hole Drive , Mattituck. 1 . 295-acre described parcel . Await Co . Health Art . 6 ' action . (PB and DEC input received; exp . 12/87 ) .. Henry Raynor , Agent. Appl . No. 3600=SE - T. LUCAS AND G. AND A. BELIS . Special Exception to allow 70 motel units on 7 . 0516 acres zoned " B-Light " Business , 4 ,000 .sq. ft. of land area per unit with Village water. S/s Main Road (prev .. golf range ) , Greenport . Await six items per Board Resol . 1 /8/87 , before advertising for public hearing. Appl . No . 3549 = J .' KALIN AND B. GIBBS . Variances as to insufficient area , width and depth . N/s Main. Road , Orient . Await Co . Health' Art . 6 waiver and copies of current deeds . (As of 2/19/87 . Co . Health Art . 6 appl . not filed . ) Appl . No . 3556 = 'EUGENE AND ANN BURGER. Variance for deed with insufficient setback from wetlands along Little Creek . 2515 Pine Tree Road , Cutchogue . Await C . O . and exact setback requested from nearest wetlands . Appl . No . 3342 - PHILIP R. REINHARDT. Variances for area and width (two parcels ) . **Recessed from 5/25/83 as requested by attorney for Coun.ty Dept . of Health , Art . 6 action (and DEC) . N/s Pine Neck Road (opposite Park Way ) , Southold . R. Bruer , Esq . Appl . No . 3191 = HERBERT MANDEL . Variance to change lot line and locate garage in front/side yard areas . E/s Linnett Lane Extension , Greenport . (Premises of Clempner and Mandel ) . (Await DEC action and PB input before advertising or at discretion of applicant . ) Southold Town Board .of Appeals -2.5- January 11 , 1988 Special Meeting UPDATE: Other Matters Pending Public Hearings (awaiting additional information as noted below) : Appeal No . 3259 - NICHOLAS ALIANO . Special Exception to establish four two-story motel buildings containing 10 motel units for transient use , and an office building of 2 ,500 sq . ft . in area 6n this 3. 721 -acre parcel , zoned "B-Light Business . " S/s Main Road , Greenport (along the east side of 1=11 ) . **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action can be taken . Appeal No . 3558 - NICK AND ANNA PALEOS. Variance for insufficient area , width and depth three proposed lots ) . S/s C . R. 48 , Peconic ( formerly Hass ) . Await Art. 6 Subdivision ' Action before advertising. (P . B. review 10/6/86 ) . H. Raynor , Agent . Appeal tie . 3561 86R8:FHV . insufficient area p two buts ) . S/s Northview Drive , R. Brtier , --Appeal —;Te--3rr�--�t-.-,—rle w Variances for i nsuffi ci ent �rP��W } l, fie — y�ai t Art . 6 .--Eor�mt�r��-e,a-t-�n•�-- Appeal No . 3298 - C & L REALTY/PORT OF EGYPT . Variance to construct 40-unit motel on insufficient buildable upland of 4 . 83 acres and having insufficient sideyards . S/s Main Road (prev . Southold Fishing Station/Morris ) , Southold . ( **Await corrected site plans , topographical survey including lowest floor elevations above mean sea level , Health Department approvals , N . Y . S . D. E . C . action , comments or input from Planning Board after review of site plan . ) 10/9/84 Appeal No . 3183 - MARY N . CODE. Smith Drive North , S6ut11old . Proposed re.separation of lots . Await DEC and Planning Board applications to be filed for coordination/action . Appeal No . 3274 - BEST SCHMITT, SYVERSON. Variances for insufficient area , width in proposed ivision of land . ROW off E/s Camp Mineola Road , along Great Peconic Bay , Mattituck . (**Await Co . Health Art . 6 , N . Y. S . D. E . C . , Planning Board before advertising public hearing. Recent change in title . ) Appeal No . 2929 - SAL CAIOLA. . Project as proposed is questionable . Status/clarification awaited . N/s CR 48 , Southold . Southold Town Board of. Appeals -26_ January 11 , 1988 Special Meeting (Updates ,. continued :.) Appeal No . 3652 - ANNA AND GUIDO CIACIA. Variances for area , width , depth , yard setbacks in this ",B.-Light Zone . `Corner of Main Road and Kerwin Boulevard , Greenport. (Hearing to be -held . 1 /14/88) Appeal No . 3649 - CHRIS AND WILLIAM CONNORS . Variance for insufficient setback from wetlands . West Drive , Southold . [Await finalization of. SEQRA and Town Trustee action-before advertising. ] Appeal No . 3636 - 'TARTAN OIL CO. . Variance .for convenience store as accessory use to gasoline service . Corners of S/s Main Road , E/s Sunset Lane and W./s Marratooka Road , Mattituck . [Await additional information and P . B. reviews . ] Possibly Feb. Hg . Date . Appl . No . 3633 -' TARTAN OIL CO .. Special Exception for partial self-service gasoline station . Main Road , Marratooka and Sunset Lanes , Mattituck . Poss . Feb . Hg . [Await additional information and P . B . reviews . ] Appeal. No . 3627 - LILLIAN VI,SHNO . Variances for insuffi - cient area , width and depth . for three proposed lots . 810 Corwin St . , Greenport. [Await Co. Health and P . B. applications/reviews/communications . ] -Pnaal ^Ja 36-28 GEORGE ND-v two proposed lots at Paradi -o-firrt�Road , Southold . [Await Co . H th— B . applications/reviews/ Appeal No. 3614 - .ROBERT AND ETHEL SCHROEDER . Interpreta- tion request . S/s Route 25 , East Marion . [Await confirmation of activities conducted and survey. Further direction awaited from applicants ' attorney . ] Appl . No . 3252 = JOHN. CHARLES AND MARYANN SLEDJESKI . Variance relief to be conflrme efore proceeding. (Applicants . may wish to retain more than one dwelling use on lot proposed in this two-lot division . ) Main Road and Narrow River Road , Orient . Appl . 'No.. 3589 = MARY J . GETOFF. Variances as to insufficient , area , width and depth . Waterview Drive , Southold. Appl . No. 3692 - STEPHEN PERRICONE AND VECCHIARELLI . Variance to place proposed dwelling with setback at less than 75' f.t. to nearest wetlands . Lupton Pt. Rd , Mattituck. Appl . No . 3693 - STEPHEN PERRICONE AND DURAllO . Variance to place proposed dwelling with setback at less than 75 feet to , nearest wetlands . Lupton ,Pt. Rd. , Mattituck . r Southold Town Board of Appeals -27- January 11 , 1988 Special Meeting HEARINGS CALEN.DAR FOR THURSDAY , JANUARY 14 , 1988 : 7 : 35 p .m . Appl . No . 3705 = ARTHUR U . JUNGE. 7 : 40 p .m . Appl . No . 3697 = WILLIAM AND PAULA TUITE; 7 : 45 p .m . Appl . No . 3676 - ANTHONY ROBUSTELLI (Recessed from December 10 , 1987 as requested by applicant ) ; 7 : 50 p .m. Appl . No . 3681 - ANTHONY AND ANGELA LEONE., 7 : 55 p .m . Appl . No . 3706 - MANFRED E. KUERNER 8 : 00 p .m . , Appl . No . 3652 - GUIDO AND ANNA CIACIA; 8 : 10 p .m . Appl . No . 3699 - EDWARD AND BARBARA BETSCH; 8 : 20 p .m . Appl . No. 3698 - THOMAS ZIMMERMANg 8 : 30 p . m . Appl . No . 3688 - ANTHONY AND SALLY PIRRERA. There being no other business properly coming before the Board at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at 8 :05 p . m. Respectfully submitted , Linda F . Kowalski , Secretary Southold Town Board of Appeals Pp . 1 -27 ,,Approved - Fe rua 2 , 1 8 RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLE`ZiiL DATE 01'/3 W HOUR ,q o Town Cleriz, Town of Southold