Loading...
HomeMy WebLinkAboutZBA-01/12/1989 M1 Z 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. JOSEPH H. SAWICKI M I N U T E S JAMES DINIZIO, JR. REGULAR MEETING THURSDAY, JANUARY 12, 1989 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, JANUARY 12, 1989 commencing at 7: 30 o' clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and James Dinizio, Jr. , constituting a quorum of the Board. Board Members absent were: Serge J. Doyen, due to poor flying conditions, and Joseph H. .,S•awicki (out-of-state) . Also present were: Board Secretary Linda F. Kowalski, and approximately 35 persons in the audience at the beginning of the meeting. The Board proceeded with the following public hearings. During each of the hearings, testimony was given and the hearing was immediately concluded thereafter (except as noted in the Matters of Joseph Hardy and Matter of Fishers Island Utility Company, Inc. ) . The transcripts of all the hearings have been prepared under separate cover and attached at the back of these minutes for future reference. PUBLIC HEARINGS: 7:33 p.m. Appl. No. 3809. STEPHEN AND DONNA GRZESIK. (See next page for Conditional Approval rendered at this time. ) Remaining Public Hearings are also continued (on Page 4) . Southold Town Board of Appeals -2- January 12, 1989 Regular ' Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3809: Application of STEPHEN AND DONNA GRZESIK for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 North .Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3 . WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of STEPHEN AND DONNA GRZESIK under Appeal No. 3809; 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 northerly side of the North Road (C.R. 48) , in the Hamlet of Greenport, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 40, Block 1, Lot 3. 2. The subject premises is a described parcel of land containing a total area of 8,375 sq. ft. , average lot width of 67. 63 feet, and lot depth of 125 feet, and is improved with, a single-family, one-story frame house and accessory garage structure, as more particularly shown on the copy of survey prepared by Roderick VanTuyl, P.C. dated February 6, 1987. Southold Town Board of Appeals -3- January 12, 1989 Regular Meeting (Appl. No. 3809 - GRZESIK decision, continued: ) 3. By this application, appellants request a variance from Article III, Section 100-31 for permission to construct six-foot open deck extension, 30 feet wide, with an insufficient rearyard setback at 30 - 31 feet (at its closest point) . 5: Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 35 feet. The dwelling as exists appears to be set back at 35-36 feet from the rear property line. 6. The amount of relief requested by this application is six feet (or slightly less) , or 170 of 'the requirement. 7 . In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not -alter the essential character of ,the neighborhood; (c) the. variance requested is the minimal necessary to afford relief and is not substantial in relation to the requirement; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the . S Southold Town Board of Appeals -4- January 12, 1989 Regular Meeting (Appl. No. 3809 -- GRZESIK decision, continued: ) interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief for a six-foot open deck extension at the rear of existing dwelling structure, as applied under Appeal No. 3809 in the Matter of the Application of STEPHEN AND DONNA GRZESIK, provided there be no further rearyard setback reductions. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent was: Member Serge Doyen, due to poor weather conditions, and Member Joseph H. Sawicki {out-of-state) ) . This resolution was duly adopted. Southold Town Board of Appeals -5- January 12, 1989 Regular Meeting Hearings, continued: 7:43 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. 7: 48 p.m. Appl. No. 3817 - DORIS K. BROWN. 7: 52 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. ACTION OF THE BOARD OF APPEALS Appeal No. 3816: Upon application of WILLIAM AND THERESA PARK, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of addition to accessory building with insufficient setbacks from property lines. Location- of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of WILLIAM AND THERESA PARK under Appeal No. 3816; 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: Southold Town Board of Appeals -6- January 12, 1989 Regular Meeting (Appl. N B th1.6 application,P ion, continued: ) yappellant requests a Variance under Article III, Section 100-32 for approval of shed attachment to existing detached garage located in the rearyard area with an insufficient setback from the easterly property line at 2.5 feet as shown on the August 11, 1988 survey prepared by Peconic Surveyors, P.C. . 2. The premises in question is . a 20,000+- square foot parcel of land with 160.0 ft. frontage along the south side of Pine Neck Road and 120. 0 feet along the east side of Bennett Lane in the Hamlet of Southold, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 9, Lot 1. 3. The subject parcel is improved with a single-family, one-story frame house and two small accessory structures, all as shown on the above-mentioned survey. 4. The size of the attachment to the accessory garage structure under consideration is approximately 6 ft. by 13 ft. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard with a setback of not less than three feet from any property line. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; ,(b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) the amount of relief requested by this variance is minimal, being a variance of six inches; (e) there is no other method feasible for appellant to pursue other than a variance; Southold Town Board of Appeals -7- January 12 , 1989 Regular Meeting (Appeal No . 3816 - PARK decision , continued : ) (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Grigonis and Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3816 in the Matter o€- WILLIAM AND THERESA PARK, JR. for approval of accessory building in the rearyard area with a setback at 2.5 feet- from the easterly property line, to be used accessory and incidental to the residential use of the premises (for storage purposes) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Member Doyen was absent due to -poor weather conditions and Member Sawicki was out-of-state) . This resolution was duly adopted. Hearings, continued: 7: 55 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. 7: 58 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. 8:27 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. 8:13 p.m. Appl. No. 3815 - ALFRED FALKOWSKI . 8: 35 p.m. Appl. No. 3814 - RYCK KOKE. 8: 52 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. DELIBERATIONS/DECISION: r $outhold Town Board of Appeals -8- January 12, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3806: Upon application of DORIS PRICE MOELLER FOSTER for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (frontage) of two proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, 'Section 103, Block 9, Lot 13. WHEREAS, . a public hearing was held on January 12, 1989, in the Matter of the Application of DORIS PRICE MOELLER FOSTER under Appeal No. 3806; 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 Residential and Agricultural Zoning District (A-80) and is identified on the Suffolk County Tax Maps as District 1000, Section 103 , Block 9, Lot 13. 2. The subject premises as exists: (a) contains a total lot area of 8. 5+- acres; Southold Town Board of Appeals -9- January 12, 1989 Regular Meeting (Appl. No. 3806 - FOSTER decision, continued: ) (b) has a total frontage (lot width) along the west side of Little Neck Road of 670 feet; (c) is waterfront, with frontage along Eugene' s Creek; (d) is improved with a single-family, two-story frame dwelling and an accessory (storage) barn and-.accessory (storage) shed, all as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated June 30, 1988, lastly amended November 7, 1988. 3. The relief requested by this application is for frontage of proposed Lot No. 1 of 125 feet. The remaining Lots No. 2 and 3 are shown with frontage of 175 feet or more, and the area of each of the three proposed lots are proposed at a minimum of 80,000 square feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot width of 175 feet. 5. In viewing the immediate area of those lots fronting along Little Neck Road, it is noted that there are lots of a width similar, or less, than that requested herein. 6. In considering this application, the Board finds and determines: (a) that the burden of proof has been met; (b that the relief requested is not substantial in relation to the requirements, being a variance of approximately 280, and meeting 720 of the 175 ft. minimum requirement; (c) that the circumstances are uniquely related to the premises; (d) that the difficulties claimed are sufficient to warrant a grant of the relief requested; (e) that there will not be a substantial adverse effect of increased dwelling density thus produced on available governmental facilities by the if the variance were allowed, and will not in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58) ; (f) the variance if granted will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; Southold Town Board of Appeals -10- January 12, 1989 Regular Meeting (Appl. No. 3806 - FOSTER decision., , continued: ) (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the relief requested under Appeal No. 3806 in the Matter of the Application of DORIS PRICE MOELLER FOSTER, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area of each lot proposed in this Minor Subdivision pending before the Planning Board not be less than the requirements of the zoning code, for a minimum of 80,000 sq. ft. each {lot lines as required by the Planning Board) ; 2. That construction or buildings within three feet of the . lot lines must be removed or relocated. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. Absent were: Member .Doyen of Fishers Island, due to poor flying conditions, and Member Sawicki .{out-of-state) . This resolution was duly adopted. Hearings, continued: 9:02 p.m. Appl. No. 3747 and Appl. No. 3746 - JOSEPH AND BETTY HARDY - Recess requested by Attorney R. Bruer. 9: 04 p.m. Appl. No. 3801 - WILLIAM J. BAXTER, JR. 9:10 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Verbal portion of hearing concluded and written portion of hearing recessed for receipt of surveys per discussions at hearing (see transcript of hearing of 1/12/89) . Southold Town Board of Appeals -11- January 12, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3817: Upon application of DORIS K. BROWN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in 'the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of DORIS K. BROWN under Appeal No. 3917; 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: Southold Town Board of Appeals -12- January 12, 1989 Regular Meeting (Appl. No. 3811 - BROWN decision, continued: ) 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 30 ft. by 40 ft. accessory barn/storage building in the frontyard area, with a setback of not less than 25 feet to the easterly property line and as more particularly shown by sketched copy of a survey dated November 9, 1972 (of VanTuyl & Son) . 2. The premises in question is an 4. 85-acre parcel of land situated along the north side of a private right-of-wat which extends off the north side of Bergen Avenue in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 17 . 3 . The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 500 feet back from the southerly front property line. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. For the record, it is noted that the rear yard area for this parcel is designated at that area north of the existing dwelling (facing Long Island Sound) . 5. For the record, it is noted that the height of the building to top of roof peak is proposed at 19 feet 10 inches. Article III, Section 100-32 restricts the maximum height of accessory buildings to 18 feet from average grade. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; Southold Town Board of Appeals -13- January 12, 1989 Regular Meeting (Appl. No. 3817 - BROWN decision, continued: ) (e) the variance; if granted, will not in. turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3817 in the Matter of DORIS K. BROWN for permission to locate 30 ft. by 40 ft. accessory barn in the frontyard area, to be used incidental to the residential use of the premises, provided that the total height of the structure not exceed 18 feet to the top of roof peak from average grade. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state. ) This resolution was duly adopted. South:,o.ld-.Town' Bo.ard ,Appeals -14- January. 12 ,. 1989. Re:gua.ar .Mee t.ing ACTION OF THE BOARD OF APPEALS Appeal No. 3912: Upon application of PETER AND JANICE STEIL for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in- the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of PETER AND JANICE STEIL under Appeal No. 3912; 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: Southold Town Board of Appeals -15- January 12, 1989 Regular Meeting (Appl. No. 3912 - STEIL decision, continued: ) 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct inground swimmingpool with four-ft. high fence enclosure in the frontyard area, centered immediately west of the existing dwelling under construction and as more particularly shown by architect' s rendition with setbacks of 25 feet from the proposed fence to the private road (along the westerly property line) , and a minimum of 41 feet from the proposed pool to the westerly front property line. 2. The premises in question is an 1.8+-acre parcel of land situated on Fishers Island, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 5, Block 2, Lot 7.4. 3. The subject parcel is improved with a new single-family house presently under construction (see Building Permit issued November 13, 1987, #16623) with a setback of 75 feet at its closest point from the wetland area. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. For the record, it is noted that the rear. yard area is that area near the wetlands and sloping topography (immediately east of the new dwelling construction) . 5. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; $outhold. Town Board of Appeals -16- January 12, 1989 Regular Meeting (Appl. No. 3912 - STEIL decision, continued: ) (e) the variance, if granted, will not in turn be adverse to the safety, ' health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3912 in the Matter of PETER AND JANICE STEIL for permission to locate inground swimmingpool with fence enclosure as an accessory use in the frontyard area, to be used incidental to the residential use of the premises, provided that shrubbery be placed around periphery of pool enclosure a minimum of five to six feet high for proper screening from the right-of-way. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state. ) This resolution was duly adopted. Southold Town Board of Appeals -17- January 12, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3815: Matter of ALFRED FALKOWSKI for a Variance to the Zoning Ordinance, Article IX, 'Section 100-90 for permission to locate new principal building in this 11C-1" General Industrial Zone District. Location of Property: 8595 Cox Lane and the. Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. WHEREAS, a public hearing was held on January 12, 1989 under File No. 3815, filed December 20, 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 WHEREAS, the .Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Variance to the Zoning Ordinance, Article IX, Section 100-90, Bulk Schedule, to locate new principal building with an insufficient frontyard at 50 feet from the front property line along Cox Lane, as shown on the plot plan prepared by Sambach Associates of October 4, 1988 (Job #2988) . 2. The subject premises is located along the (south)west side of Cox Lane in the Hamlet of Cutchogue, Town of Southold, contains a total acre of 6. 09 acres ( 265,599 sq. ft. ) and is situated in the C-1 General Industrial Zone District. Southold Town Board of Appeals -18- January 12., 1989 Regular Meeting (Appl. No. 3815 - FALKOWSKI decision, continued: ) 2. The property is vacant land and is also referred to as Lot No. 3 as shown on the Map of Minor Subdivision (#450) approved by the Southold Town Planning Board during 1987. 3. For the record it is noted that by letters dated December 6 and 8, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. For the record, it is noted that on January 10, 1989, the Southold Town Board adopted Local Law #1-1989 for a new Master Plan; and the subject premises is shown to be zoned "LI" (Light Industry) . The setbacks for this new zone district are to be 50 ft. minimum for the front yards, exclusive of landscaping buffers. 5. Article IX, Section 100-93 of the current Zoning Code requires minimum front yard setbacks at 150 feet for this C-1 Heavy Industrial Zone District. The relief requested by this variance is 100 feet less than the required 150 feet, which is not substantial in relation to the new Master Plan requirement adopted January 10, 1989 but which is substantial in relation to the current zoning requirement. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property; (b) the relief, as granted, is the minimal necessary under the circumstances; (c) the relief, as granted, will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; (e) the variance will not in turn be adverse to the safety, health, weflare, comfort, convenience, or order of the town, or be adverse to neighborhing properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -19- January 12 , 1989 Regular Meeting (Appl . No . 3815 - FAL'KOWSKI decision , continued : ) RESOLVED, to GRANT alternative relief for the. placement of the newly proposed principal building. under the Application of ALFRED FALKOWSKI' under File No-. 3815 at not less than 60 feet from the front property line along Cox Lane (50 feet plus a 10-foot buffer) AND SUBJECT TO THE FOLLOWING CONDITION: Should there be any outside storage, said items- must be properly enclosed and screened (other than vehicles) . Vote of the Board: Ayes: Messrs. Goehringer, ,Grigonis, and Dinizio. (Member Doyen was absent due to poor flying conditions. Member Sawicki was absent {out-of-state) ) . This resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3802: Matter of HOWARD LUCAS/ALICE HUSSIE for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; . , County Tax Map District 1000, Section 59, Block 3, . Lot 32.1. ' At a Meeting of the Zoning Board of Appeals held on January 12, 1989, the following action was taken: WHEREAS, a public hearing was held on January 12, 1989, under File No. 380-2-, filed November 14, 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 WHEREAS,_ the' Board Members have personally viewed and are familiar with the premises in question-, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests a Special Exception pursuant to the requirements of Article VII, Section 100-70B for permission to establish car dealership, all as shown on the Map prepared by John A. Grammas & Assoc. revised November 4, 1988, under consideration. Southold Town Board of Appeals -20- January 12, 1989 Regular Meeting (Appl. No. 3802 - LUCAS/HUSSIE decision, continued: ) 2. The property in question: (a) is located in the "B-1" General Business Zone District and is shown on the pending Master Plan Maps to the "B" General Business Zone District; (b) is presently vacant land, containing an area of 181;945.5 square feet and lot width {frontage} along the west side of Horton' s Lane of 370.08 feet; (c) is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 3, part of Lot No. 32.1. 3. For the record it is noted that by letters received January 12, 1989 and December 6, 1988, comments have been received by the Southold Town Planning Board concerning its jurisdiction under the site-plan review process of the zoning code. 4. In reviewing the diagram for the sign, as proposed, it is noted that the sign does not meet the requirements of the zoning code pertaining to ground signs as to heights, dimensions, and total sign area, and accordingly is not authorized by this Special Exception application for the car-dealership use. 5. In considering this application, the Board has: (a) considered items {a} through {1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to actions by the Planning Board. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception for the Southold Town Board of Appeals -21- January 12, 1989 Regular Meeting (Appl. No.' 3802 - LUCAS/HUSSIE decision, continued: ) establishment of a new car dealership, as applied and referenced above, in the Matter of the Application of HOWARD LUCAS under File No. 3802, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum 75 ft. landscaped buffer along the front yard .area as required by the Planning Board under its site-plan review process; 2. Minimum 20 ft. buffer within the northerly yard area and southerly yard area, landscaping with minimum six-ft. high screening, staggered (or the minimum required under the site-plan regulations, whichever is greater) ; 3. All plantings (trees, shrubs, etc. ) within buffer areas must be continuously maintained and properly irrigated for good growth; 4. Sign, as submitted, is denied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Sawicki {out-of-state} and Member Doyen of Fishers Island {due to poor flying conditions) ) . This resolution was duly adopted. Southold Town Board of Appeals -22- January 12, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3801: Matter of WILLIAM BAXTER, JR. for a Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B(1) for permission to utilize existing. building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone' District. Location of Property: North Side of Main Road and the West Side of Elijah' s Lane, Mattituck, NY; County Tax Map District 1000, Section 108, Block 4, Lot 10. At a Meeting of the Zoning Board of Appeals held on January 12, 1989, the following action was taken: WHEREAS, a public hearing was held on January 12, 1989, under File No. 3801, filed November 14, 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 WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning., and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests a Special Exception pursuant to the requirements of Article VIII, Section 100-80(B) for permission to assemble and manufacture classic cars in the existing building, all as shown on the Map prepared by Young & Young, L.S. revised October 12, 1988, under consideration. $outhold Town Board of Appeals -23- January 12, 1989 Regular Meeting (Appl. No. 3801 - BAXTER decision, continued: ) 2. The property in question: (a) is located in the "C-Light Industrial" Zone District; (b) will contain an area of 1.7748 acres (or 77,312 square feet) , and more particularly referred to as proposed "Lot No. 1" on the. "Map of Alteration of Boundary Lines" and/or Minor Subdivision; (c) is improved with a 79. 4 ft. by 119.9 ft. one-story concrete-block building, set back 67.9 feet from the easterly {front} property line along Elijah' s Lane and 102.1 feet from the southerly {front} property line along the Main Road, at its closest points. (d) is identified on the Suffolk County Tax 'Maps as District 1000, Section 108, Block 4, part of Lot No. 10. 3. For the record it is noted that communications have been made a part of the record from Assistant Town Attorney Robert H. Berntsson dated November 4, 1988, from William J. Baxter dated November 2, 1988, from the Planning Board dated December 6, 1988 and from Wickham, Wickham & Bressler, P.C. dated November 17, 1988. 4. It is also noted for the record that applications are pending with the Southold Town Planning Board at this time not only for site plan approval but also for an "Alteration of Lot Lines in a three-lot Minor Subdivision." The parcel under consideration by this Board for a Special Exception use is referred to as Lot No. 1 on the pending Minor Subdivision Map proposal. 5. In considering this application, the Board has: (a) considered items {a} through {1) of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the. general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code,' subject to actions by the Planning Board. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Southold Town Board of Appeals -24- January 12, 1989 Regular Meeting (Appl. No. 3801 - BAXTER decision, continued: ) RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of WILLIAM J. , BAXTER, JR. under File No. 3801, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No outside storage (as regulated by Section 100-62 of the Zoning Code) ; 2. Actions by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Sawicki {out-of-state} and Member Doyen of Fishers Island {due to poor flying conditions)) . This resolution was duly adopted. Southold Town Board of Appeals -25-January 12, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3820: Application of GUENTHER AND KAYLA STOTZKY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; County Tax Map District 1000, Section. 35, Block 6, Lot 33 . WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of GUENTHER AND KAYLA STOTZKY under Appeal No. 3820; 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 easterly side of Osprey Nest Road, in the Hamlet of Greenport, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 6, Lot 33 . 2. The subject premises is known as Lot #6 on the "Map of Cleaves Point, Section 1" containing a total area of approximately 12,600 sq. ft. and is improved with a single-family dwelling, as more particularly shown on the copy of survey (original prepared by Roderick VanTuyl, P.C. dated June 13, 1973) . Southold Town Board of Appeals -26-January 12, 1989 Regular Meeting (Appl . No . 3820 - STOTZSKY decision , continued : ) 3. By this application, appellants request a variance from Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to construct 13-foot extension at the rear of the existing dwelling, and requesting a setback at 27+- feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 35 feet. The dwelling as exists appears to be set back at approximately 40 feet from the rear property line (scale provided is inaccurate and reduced) . 5. The amount of relief requested by this application is eight feet or .22o of the requirement. 6. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial. in relation to the requirement; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of 'the above factors, the interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief for a 13-foot extension at the rear of existing dwelling structure, as applied under Appeal No. 3820 in the Matter of the Application of GUENTHER AND KAYLA STOTSKY, provided there be no further rearyard setback reductions. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Serge Doyen, due to poor weather conditions, and Member Joseph H. Sawicki {out-of-state} ) . This resolution was duly adopted. Southold Town Board of Appeals -27- January 12 , 1989 Regular Meeting ENVIRONMENTAL DECLARATIONS: The Board declared the following Environmental Declarations 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 444-4 of the Town of Southold: Appl. No. 3801 - WILLIAM J. BAXTER, JR. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO Appl. No. 3817 - DORIS K. BROWN Appl. No. 3815 - ALFRED FALKOWSKI Appl. No. 3797 - FISHERS ISLAND UTILITY CO. , INC. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER Appl. No. 3809 - STEPHEN AND DONNA GRZESIK Appl. No. 3746 - JOSEPH AND BETTY HARDY Appl. No. 3747 - JOSEPH AND BETTY HARDY Appl. No. 3814 - RYCK KOKE Appl. No. 3802 - HOWARD LUCAS, SR./ALICE HUSSIE Appl. No. 3816 - WILLIAM AND THERESA PARK Appl. No. 3912 - PETER AND JANICE STEIL Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY (Continued on next 14 pages) Southold Town Board of Appeals -28- Jan.. 12, 1989, Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3810 PROJECT NAME: WTLLIAM *J.' 'BAXTER,' 'JR. This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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: [A• ] Type I I IX] Unlisted [ ] Exempt _ DESCRIPTION OF ACTION: - Pexmission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light, IndusLt�6 20�oB� PROJECT: Town of Southold, County of, Suffolk, particularly known as:N/s Main Road and W,/s- Elijah' s Lane, .�iattituck, NY more 108-4-10 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 bf premises and is not directly related to new construction. tr Southold Town Board of Appeals -29- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3810 PROJECT NAME: ANTHONY AND ROSEMARY 'ROL'L'ETINO 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: Locate accessory tennis court, swimmingpool and fence enclosures in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 16705 Main Road, East Marion, •NY 23-1-14. 6 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. (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 -30' Jan.. 12 , 1989. Regular Meeting (Environmental Declarations, Continued: ) S.E.O.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3817 PROJECT NAME: DORIS K. BROWN This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 si nifi- 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: AX] Type II [ ] Unlisted . DESCRIPTION OF ACTION: [ ] Exempt permission to locate accessory building in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: private ROW off the north side of Bergen Ave. , Mattituck, • NY 112-1-17 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) Construction proposed is landward of existing structures. (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 subject to. flooding which may be considered wetlands. Southold Town Board of Appeals '31' Jan.. 12, 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3815 PROJECT NAME: " ALFRED FALKOWSKI This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article Quality Review Act of the E 8 of the ,N.Y.S. Environmental g nvironmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a si nifi- 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: . [XI Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to locate new principal building in this C-l- General Industrial Zone District with an insufficient frontyard setba k EOCATION OF PROJECT: Town of Southold, County of, Suffolk particularly known as: 8595 Cox. Lane and , more 83-3-4. 6 S/s Oregon Road, Cutchogue, NY 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 Southold Town Board of Appeals -32- Jan.. 12, 1989. Regular Meeting (Environmental Declarations, Continued: ) S.E.O.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3797 PROJECT NAME: FISHERS ISLAND UTTT,TTv nn_ , TNC This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 [ ] _Exempt DESCRIPTION OF ACTION: Insufficient area ,and width (frontage) of two Y�r� lots in this pending division of land. LOCATION OF PROJECT: Town of Southold, Countv of, Suffolk, more particularly known as: Central Ave. , Fishe-rs Island, NY 6-6-20 . 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) This project does not create increased density having been developed previously. (3) The relief requested is not directly related to new construction as regulated by Section 617 . 13 for a lot-line or area variance. tr ,Southold Town Board of Appeals -33- Jan. 12, 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3806 PROJECT NAME: DORI'S 'PRICE MO'EL'L'E'R FOSTER 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 insufficient pr l.ot width ( _r-ontage) l.of, :opose,d Parcel N.o. 1 in thss pending �lingr Subdiv slon,. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 3600 Little Neck Road, Cutchogue, NY 103-9-13 .REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. (3) . EXEMPT- Involves no substantial physical change. to existing building or premises . tr jSbuthold Town Board of Appeals -34- Jan. 12 ,' 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3809 PROJECT NAME: STEPHEN AND' -DONNA 'GRZE'S'IK --- 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 addition ' to dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 62215 North Road, ..Greenport, NY - 40-1-3 ..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) Construction proposed is landward of existing structures. (3) _ The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA iSbuthold Town Board of Appeals -35- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice Of Determination of Non-Significance APPEAL NO. : 3746 PROJECT NAME: JOSEPH AND' 'BETTY' 'HARDY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the ,N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town Of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have. an application pending for the same or similar. project. TYPE OF ACTION: [ Type II [`x,] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct wholesale storage building for plumbing business use. LOCATION OF PROJECT: Town of Southold, County Of, Suffolk, more particularly known as: S/s Main Road, Mattituck, STY 114-11-5 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short. ts to form has been submitted which indicates that no significant adverse effects the environment are likely to occur should this project be tsto mented as planned; (2) The land area in question is not .locatedwithin 300 feet of tidal wetlands or other critical environmental area. tr- Southold Town Board of Appeals -36- Jan.. 12 , 1989• Regular Meeting (Environmental Declarations, Continued: ) S.E.O.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3147SE PROJECT NAME: JOSEPH and 'BETTY' HARDY This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 below. the reasons indicated 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 T [ XI Unlisted [ ]. Exempt DESCRIPTION OF ACTION: Special Exception to' use ' premises in this C-Industrial Zone for wholesale storage. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: S/s Main. Road, M-attituck, _NY 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) Th.js is an application• concerning use of premises and is not directly .related to new construction. (3) The land area in question is not located within 300 feet of tidal wetlands or other critical environmental area. ;Southold Town Board of Appeals -37- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E QQ.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3814 PROJECT NAME: 'RYCK KOKE 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: . 1X1 Type II [ ] Unlisted [ DESCRIPTION OF ACTION: Approval* of accessory swimmingpool-with fence enclosure in the sideyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 245 Kimberly Lane., Southold, NY 70-13-20 .2- REASON (s) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or tidal area is ether construction and/or a bulkhead in good condition. (3) Information has been submitted by app; icant 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. tr Southold Town Board of Appeals -38- Jan.. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.O.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3802SE PROJECT NAME: HOWARD LUCAS, SR./ALICE HUSSIE This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 si nifi- 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 [ ] ' Exempt DESCRIPTION OF ACTION: Establish use of premises for car 'dealership actitities (and sign) . LOCATION OF PROJECT: Town of Southold, Countv of, Suffolk, more 59-3-32 . 1 particularly known as: W/s Horton Lane, - Southold, -NY 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 land area in question is not located within 300 • feet of tidal wetlands .or other critical. -en`rironmental area. (3) This is an application" concerning use of premises and is not directly related to . new construction. ;Southold Town Board of Appeals -39- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3816 PROJECT NAME: WILLIAM AND THE'RES'A PARK 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 addition to accessory -building with insufficient setbacks from property lines. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Wks of Bennett Lane and S/s of"Pine Neck Road. , Southold, NY 70-9-1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The 1-and area in question is not located within 300 feet of tidal wetlands "or other critical envirenmental area. (g) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA ISbuthold Town Board of Appeals -40- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3912 PROJECT NAME: PETER AND 'JANI'C'E STEIL This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 [ J Unlisted DESCRIPTION OF ACTION: [ ] Permission to locate accessory swimmingpool in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: East End Road, . Fishers Island, NY 5-2-7. 4 , .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 located more than 75 feet from the mean highwater mark or tidal area. (3) Information has been submitted by applicant or his agent indicating that the project will not involve the disturbance of wetlands grasses or area subject to flooding which may be considered wetlands. tr j ;Sbuthold Town Board of Appeals -41- Jan. 12 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3820 PROJECT NAME: GUNTHER AND KAY'L'A 'STOTZKY This notice is issued pursuant to Part 617 of the implementin regulations pertaining to Article 8 of the ,N.Y.S. Environmental g 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 project. an application pending for the same or similar. TYPE OF ACTION: • [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct addition at rear of existing dwelling with an insufficient rearyard setback'. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: E/s of Osprey Nest Road, Greenport, NY 35-6-33 - 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) Construction proposed is landward of existing structures. (3) . The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA South;old. Town. Board of Appeals -42- January 12 , 1989 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to APPROVE the Minutes of the following Meetings of the Board of Appeals: December 8, 1988 Regular Meeting (Pp. 1-28, plus trans- cripts of hearings) ; November 16, 1988 Special Meeting (Pp. 1-38) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and- Sawicki were absent. ) This resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3814 - RYCK KOKE. Hearing held and concluded earlier this evening. The Board Members deliberated and took the following action: WHEREAS., a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of RYCK KOKE under Appeal No. 3814; 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; NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Grigonis, it was Southold Town Board of Appeals -43-January 12, 1989 Regular Meeting . (Deliberations/Decision, continued: ) RESOLVED, to DENY the relief requested under Appeal No. 3814 in the Matter of RYCK KOKE for the following reasons: 1. Practical difficulties claimed are self-created and there is no question that same was constructed without issuance of proper and valid permits; 2. There is an alternative to locate the subject structures closer and attached to the residence with the minimum setbacks for a principal structure (presently minimum sideyard at 15 'feet) , rather than as applied. Vote of the Board: Ayes: Members Dinizio and Grigonis. Nay: Chairman Goehringer. (Absent were: Members Doyen and Sawicki) . This resolution was deemed to be lost. Chairman Goehringer offered a motion to approve conditionally the relief requested, provided that a three-foot setback be gained by cutting back the deck on the south side. No one seconded the motion. The motion was lost. REQUEST FOR REHEARING: The Board Members considered the request for a -rehearing received January 9, 1989 from Eric J. Bressler, Esq._ concerning Appl. No. 3785 - MATTER OF RAYMOND NINE AND CHARLES ZAHRA Bed-and-Breakfast proposal (see letter dated January 6, 1989) . The Board was asked whether or not they would like to offer a motion to rehear, and no motion was offered. However, the Board Members urged the property owner/applicant instead to apply with a new application by the new (proposed) property owner with appropriate documentation and testimony {rather than by rehearing on an application filed by a different applicant) .. (It is noted for the minutes that the Department of the Board of Appeals was not aware of the Article 78 proceeding filed with the Town Clerk' s' Office earlier today concerning the. decision rendered by the Z.B.A. on the Bed and Breakfast application by Charles Zahra and Raymond Nine. ) Southold Town Board of Appeals -414- January 12, 1989 Regular Meeting EXECUTIVE SESSION: The Board was updated on the following Court decisions, in the Town' s favor: Supreme Court Action: DeLeo v. Z.B.A. and Herz Appellate Division Action: Mandel v. Z.B.A. 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: 50 p.m. Respectfully submitted, inda F. Ko alski, Secretary Southold Town Board of Appeals Approved - `- /89 Gerard P. Goehringer, C irman AND FILED By o-,,,n C?L I, Town off. NouKhold I