HomeMy WebLinkAboutZBA-10/17/1990 SPEC r Foil
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APPEALS BOARD MEMBERS SCOTT L. HARRIS
Gerard.P. Goehringer, Chairman y0� • Supervisor
Charles Grigonis, Jr. �Ol y1�O Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone.(516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
M I N U T E S
SPECIAL MEETING
WEDNESDAY, OCTOBER 17, 1990
A Special Meeting was held by the Southold Town Board of
Appeals on WEDNESDAY, OCTOBER 17, 1990 commencing at 7:00
o'clock p.m. at the Southold Town Hall, Main Road, Southold, New
York.
Present were: Gerard P. 'Goehringer, Chairman; Member
Serge J. Doyen, Jr. ; Member Charles Grigonis, Jr. ; and Member
James Dinizio, Jr. Absent was: Member Sawicki. Also present
was Linda Kowalski.
The Chairman opened the .meeting at 7:00 p.m. The Board
commenced deliberations and proceeded with the following
applications, (for which hearings were held at previous meetings
of the Board) , the oldest being the Matter of JORDAN'S PARTNERS:
Appeal No. 3915 - Application of JORDAN'S PARTNERS.
Variance to the Zoning Ordinance, Article VII, Section
100-71, as disapproved, for permission to construct retail
stores in conjunction with office building uses; proposed
retail construction is not permitted in this RO Zone
District. Property Location: 1000 Main Street and
160 Main Road, Greenport, NY; County Tax Map District 1000,
Section 34, Block 2, Lot 1.
WHEREAS, public hearings were held in the Matter of the
Application of JORDAN' S PARTNERS under Appeal No. 3915; and
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
Southold Town Board of Appeals -2- October 17, 1990 Special
Meeting
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, the physical
characteristics of the land, its present zoning, its previous
zoning ciassification(s) , and the surrounding areas;' and
WHEREAS, the Board made the following findings of fact:
1. This is an appeal of the January 31, 1990 Notice of
Disapproval in which an application dated May 9, 1989 was
considered by the Building Inspector to construct office and
retail stores, which was disapproved on the following grounds:
" _. .Under Article VII, Section 100-71, proposed
construction is not a .permitted use in this district.
Action required by the Zoning Board of Appeals. . . . "
2.. The premises in question consists of. 4.75+- acres with
frontages along three streets: (a) North Road (a/k/a State
Route 25) along the northerly end of the premises, (b) Main
Street (a/k/a State Route 25) along the westerly end of the
premises, and (c) Knapp Place (a town street) along a southerly
79. 97 ft. portion which is situated in the Residential Zone
District, Hamlet of Greenport, Town of Southold.
3 . Since January 9, 1989, most of the subject premises
has been situated in the Residential-Office (RO) Zone District,
and only a small section (approximately .30 of an acre) has
been ,situated in the R-40 Residential Zone District. The entire
tract is vacant land, except for partially completed foundation
construction which includes footings and concrete" wall extending
372.6 feet in an east-west direction.
4. Surrounded on its southerly and easterly boundaries are
residential communities in the R-40 Residential Zone District.
To the north are State .Route 25, and to the north thereof a
preexisting restaurant located in the Limited Business (LB) Zone
District and residential communities in the R-40 Residential
Zone District. To the west are Main Street and residences in
residential use districts.
5. The following facts and events. are additionally noted
for the record:
(a) On October 3, 1985, the Southold Town Board adopted a
moratorium concerning all business and industrial zone districts;
f
Southold Town Board of Appeals -,3- October 17, 1990 Special
Meeting
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
(b) On October 10, 1985, an application was pending before
the Southold Town Planning Board (referred to as "280 North
Road," applicant) and- which was under a town-wide moratorium
affecting all business and industrial zone districts in the
pending "Master Plan Revisions" ;
(c) On October 22, 1985, the Town Board denied the
request of the applicant (by his attorney, John C. Tsunis, Esq. )
for the requested Waiver under the provisions of Local. Law
#14-1985 for the reason that the uses proposed were
inconsistent with the proposed Residential-Office Zone
District provisions;
(d) It is apparent that during 1985 and 1986, and up until
January 9, 1989 (the date of adoption of the new zoning regula-
tions) , the subject premises was being considered by the Town
for a change in the zoning use district to Residential-Office
(from B-Light Business) . In the applications before the
Town Board and Planning Board during the period from 1984
through 1985, a site plan dated September 9, 1985 was filed
for an office mall area in excess of 12,000 sq. ft. , together
with retail stores and bank facility. (See copy of site
plan on file with the Southold Town Clerk and Planning Board).
. (e) Again, on January 13 , 1986, John Tsunis, attorney for
the property owner, requested a second Waiver under the provisions
of the moratorium, and the record is clear, as is also shown in
the February 4, 1986 Town Board minutes and in its resolution
granting a waiver at the same meeting, that:
" . . .the applicant proposes to utilize the premises
to conform with the uses in a Residential-Office
Zone District. . . ." (Emphasis added)
(f) Following the grant of the waiver to utilize the
premises to conform with the uses in .a Residential-Office Zone
District, the applicant/property owner proceeded to make
amendments to the Planning Board under the site plan process.
(g) On June 23, 1986, the Planning Board adopted a resolu-
tion approving a site plan for the building and on-site changes.
It should be noted that although the Planning Board proceeded
under the site plan process, the Town Board waiver was strictly
for those uses which would conform to those in the Residential-
Office (RO) Zone District.
Southold Town Board of Appeals -4- October 17, 1990
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
(h) It is noted. for the record that the Planning Board is
and has always been without authority .to consider a change of
use, change of -zone, or use variances, and the proper forum for
those requests are before the Town Board as a legislative agency
and/or Board of Appeals as a quasi-judicial agency.
(i) The applicant has also furnished the board with copies
of canceled checks, invoices, and a list of expenses which the
applicant asserts was expended during the course of this project.
The Board has evaluated the record and notes that the expenses
are not itemized and are without a clear breakdown for the. total
claim. Some of the claimed expenses given include questionable
expenses, such as real estate taxes on vacant land; fees for
consultants as well as attorney fees to review the town files
and represent the applicant in the proceeding before this
Board, including certain expenses for real estate commis-
sions (which are normally paid by the seller rather than the
purchaser) if the commissions were for the sale of the
premises; closing costs were not itemized; mortgage payments
with interest were claimed without specific time -periods or any
breakdown as to how. the figures were arrived .at; the amount
given for the purchase of the land differs from that shown
in the Suffolk County real. estate transfer records; insurance
expense was given without a breakdown as to type or coverage
or time periods covered; purpose of payment of corporate tax and
miscellaneous expenses was not provided; and the purpose of
incurring certain expenditures as a necessity in the process
to the extent charged is not provided.
6. At this juncture, it is noted that on May 18, 1989, ,
approximately 2-1/2 years after- receiving final site-plan
approval, an application for a building permit was filed with
the Town Building Department.
7. On June 8, 1989 Building Permit No. 18187Z was issued
by the Building Inspector' s Office for an "office and" retail
store shopping center. " At the time the building permit was
issued, retail stores in the RO Zone District were not
allowed or permitted uses; and the building permit was
issued in error. Approximately three months later, the
footings and partial foundation construction was placed.
8. On November 30, 1989, a Stop Work Order was issued.
Southold Town Board of Appeals -5- October 17, 1990 Special
Meeting
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
9. On January 31, 1990, this appeal application was filed
with the Office of the Board of Appeals and Town Clerk.
10. In addition to evaluating all documentation in
the Planning Board file, Town Clerk file, Assessors records,
County real estate records, and the Building Department
file, and documentation and testimony submitted in support
of the application, the board has also considered all
testimony and written material against the application, or
as otherwise presented by mail, in person or during the public
hearings. The public and the landowner were provided with full
opportunities to present their views.
11. Article VII, Section 100-71B, Residential-Office Use
regulations of. the Zoning Code do authorize several uses
proposed in the applicant' s site plan construction project, to
wit: professional offices and business offices, by Special
Exception by the Board of Appeals subject to site plan
approval by the Planning Board provided that not more
than one (1) use shall be allowed for each forty thousand
(40,000) square feet of lot area.-
12. Article VII , Section 100-71B of the Residential-Office
(RO) does not, however, provide for retail stores or shops, and
certain retail uses are provided for in business zone districts
and then only as specified therein (i.e. , Limited Business (LB) ,
Hamlet Business (HB) , Business B, etc. )
13 . In considering a use variance, the Court of Appeals has
set three requirements which must be clearly shown by the
evidenc before the variance may be granted. First, that the
land cannot yield a reasonable return for allowable purposes;
second, the plight shall be due to unique circumstances and not
to the general conditions of the neighborhood which may reflect
the unreasonableness of the zoning ordinance; and third, that
the use sought by the variance will not alter the essential
character of the locality.
14. With reference to the first requirement, there is
no doubt that the property owner has offered proof of many
expenditures during the entire site plan process, with excep-
tions as noted in paragraph 5(i) , supra. This board will not
question that large sums of monies have been expended, but it
is questionable as to whether the sums paid were properly
applied in "dollars and cents proof," and whether some of the
Southold Town Board of Appeals -6- October 17, 1990 Special
Meeting
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
sums paid were to the same individuals who sold the property
and those that purchased the property. It appears that
one individual seller was also the purchaser in the property
transfers. Therefore, sufficient proof has not been furnished
showing a "proportioned" sales price proportioning a
part of the financial loss in this project. Also, the
record does not disclose any other individuals or parties
which have had, a financial interest in the property which
might affect the sales prices over the years.
15. With reference to the second requirement, the Board
finds that the property owner has not proven that the subject
premises could not be used for other uses under the same
provision of. the Residential-Office Use regulations (100-71B) ;
i.e. 100o professional offices and business offices as
compared to the partial (15,000 sq. ft. ) proposal in the subject
project. In fact, the property owner is proposing to use the
premises. and proposed building for permitted office uses (by
Special Exception) . Additionally, other uses which are also
authorized by Special Exception in this Residential-Office
(RO) Zone District are residential use, funeral home use,
art galleries, museums, libraries, wineries. It is noted
that within a few short blocks of the subject property there
is a hospital and professional office building. The record is
clear, by the maps, that office use is feasible for future
construction on this vacant parcel. Appellant in the Board' s
view did not establish that the. present investment was inadequate
for professional/business office use; and it is well known that
due to the conditions of the economy throughout. the North Fork,
land values have depreciated. It should be noted that
many of the expenses paid may also be applied to
professional/business office mall uses," and the landowner
has not been deprived of' his right to use the land as zoned.
(Gordon v. Town of Huntington, 1962, 230 N.Y. S2d 619) .
A landowner who seeks a use variance must demonstrate
factually, by dollars and cents proof, an inability to
realize a reasonable return under existing permissible uses,
and not, however, in foreseeable context. Conclusory
testimony of a witness, unsupported and unsupplemented by
underlying concrete facts is not sufficient proof.
16. With reference to the third requirement, it is the
opinion of this Board that the essential character of the
locality will be altered. The locality consists mostly of
single-family residences, and there is one ,preexisting
restaurant.
Southold Town Board of Appeals -7- October 17, 1990 Special
Meeting
(Appl. No. 3915 - JORDAN'S PARTNERS decision, continued: )
17. In considering this application, the Board also finds
and determines:
(a) sufficient proof has not been demonstrated as
required by the statutes to show that: (1) the property cannot
yield a reasonable return with underlying facts in -dollars and
cents proof; (2) the burden of proof of unnecessary hardship or
that literal application of the zoning ordinance would result in
unnecessary hardship has not been sufficiently met (Otto V.
Steinhilber) ; (3) the use to be authorized will not alter
the essential character of the locality;
(b) the uses proposed are not permitted uses in this
zone district and will not be in harmony with the general
purposes and intent of the zoning ordinance;
(c) the current uses of the property and the zone
district regulations are not so restricted that the premises
could not be used for reasonable purposes;
(d) the Board does not dispute that the circumstances
and events. which have taken place are unique;
(e) the property in question is centrally located in
center of other Residential Zone Districts, and although the
Residential-Office Zone District does permit office use as well
as residential. use;-
(f) this Board cannot under the semblance of a
variance exercise legislative powers;
(g) the denial of this use variance will not
cause a building to be destroyed or replaced since the
land is vacant with the exception of the foundation
wall/footings as mentioned previously;
(h) this variance may not be granted because the
applicant claims a higher return for retail uses rather than
office use or other uses authorized in this RO use district;
(i) Good faith reliance on an invalid permit does not
automatically entitle the applicant to a variance {See Rejman v.
Welch, 112: AD2d 795, 492 NYS2d 295 (1985, 4th Dept. ) ) ;
Southold Town Board of Appeals -8,- October 17, 1990 Special
Meeting
(Appl. No. ' 3915 - JORDAN'S PARTNERS decision, continued: )
(j ) The issue of a use variance is not whether
the use as presently zoned is the most profitable use, but
merely whether that use will yield a reasonable return,
(see Bellanca v. Gates, 97 AD2d 971, 468 NYS2d 774 (1983,
4th Dept. ) , affd. 61 NYS 2d 878, 474 NYS2d 480, 462 NE2d 1198. )
(k) An application for a change of zone is not
without merit and has not been exhausted.
NOW, THEREFORE, on motion by Mr_ . Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY the relief requested in' the Matter of the
Application of JORDAN'S PARTNERS, under Appl. No. 3915, for the
reasons stated above.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis and Dinizio. (Member Sawicki was .absent. ) This
resolution was duly adopted.
ACTION OF THE BOARD OF APPEALS
Upon Application of THOMAS SARGENT for a Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A. 3 for approval
of insufficient area, width and depth of parcels, each with an
existing single-family dwelling, in this pending division or
reseparation of merged properties, and for approval of reduced
yard setbacks between existing structures and property lines as
proposed. Property location: Private Road off Fox Avenue,
Fishers Island, NY; County Tax Map No. 1000-006-06-007.
WHEREAS, public hearings were held on July 25, 1990 and on
September 26, 1990, in the Matter of the Application of THOMAS
SARGENT under Appeal No. 3960; and
WHEREAS, at said hearings 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, 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 "Low-Density
Residential R-40" Zone District and is referred to as District
Southold Town Board of Appeals -9- October 17, 1990 Special
Meeting
(Appl. No. 3960 - SARGENT decision, continued: )
1000, Section 006, Block 06, Lots 012 and 007 on the Suffolk
County Tax Maps, situate along a private right-of-way off Fox
Avenue, Fishers Island, Town of Southold, New York, as conveyed
to Thomas A. Sargent and Allison D. Ijams.
2. The subject premises as exists:
(a) contains a total combined lot area of 26,983+-sq.
ft. and has frontage along a private right-of-way off Fox Avenue;
(b) was conveyed by separate deeds to the Sargents as
follows: (1) County Tax Map Lot No. 12 was conveyed on
May 20, 1987 by deed at Liber 10330 cp 251 from Cecilia Smith
Abbott; (2) County Tax Map Lot No. 7 was conveyed on Novem-
ber 3 , 1986 by deed at Liber 10169 cp 01 from J.B. Hartsfield
and Audrey Hartsf ield;
(c) the minimum lot area requirement. in effect during
the 1986 and 1987 conveyances was 80,000 sq. ft. per lot and
were merged due to common ownership.
3 . Article IIIA, Section 100-30A.3 of the current zoning
code (as amended January 9, 1989) requires a minimum lot area
per lot of 40,000 square feet.
4. The relief sought by this application is a variance for
approval of:
(a) proposed Lot #1 with a lot area of 4,938 sq. ft.
and lot width of 40 feet, said land presently improved with an
existing one-family dwelling and accessory garage structure;
(b) proposed Lot #2 with a lot area of 5,331+- sq.
ft. and lot width of 44.92 feet, said land presently improved
with an existing one-family dwelling;
- (c) proposed Lot #3 with a lot area of 16,714 +-
square feet and 25 ft. frontage along a private right-of-way,
said land also improved with an existing single-family dwelling
and accessory (storage) shed structure.
5. For the record, it is noted that:
Southold Town Board of Appeals -10- October 17, 1990 Special
Meeting
(Appl. No. 3960 - SARGENT, continued: )
(a) the subject premises are nonconforming not only as
to lot area and width but as to the number of separate dwelling
units {three of which are believed to be preexisting of zoning} ,
however, a Certificate of Nonconforming Premises and Buildings
(Pre-COs) for Lot Nos. 7 and 12 must be obtained and be in full
force and effect prior to effectuation of this variance;
(b) lots adjacent to the subject premises to the north
consist of lot areas each of approximately 6,000 sq. ft. in area;
6. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase the dwelling unit density, since there are three
preexisting dwellings; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood or detriment to
adjoining properties for reasons as noted in the above
paragraphs; (d) the difficulties cannot be obviated by some
method feasible to the appellant to pursue, other than a
variance; (e) that in view of the manner in which the
difficulties arose, and in considering all the above factors,
the interests of justice will be served by granting the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph #4, supra) , in the Matter of the Application of THOMAS
SARGENT under Appl. No. 3960, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied for and as shown
by the minor subdivision plan dated August 6, 1990, prepared by
Chandler Palmer & King;
2. That the accessory shed structure on Lot #3 (referred
to as 16,714 sq. ft. ) be used only for storage purposes {and
never to be converted or used for sleeping or habitable
purposes} ;
3. That the accessory garage (gar. & apt. ) structure on
proposed Lot 41 may continue 'its present nonconformance (without
any increase in size) for a period. of not more than ten ( 10)
years, or when the structure is abandoned or permanently vacated
by the present tenant, whichever shall occur first. The
Southold Town Board of Appeals -11- October 17, 1990 Special
Meeting
(Appl. No. 3960 - SARGENT decision, continued: )
occupancy of this nonconforming garage-apartment shall then
automatically cease and become null and void, and the kitchen
and cooking facilities must be removed, returning the use of the
building to an accessory storage/garage building without
evidence of sleeping quarters or habitability.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Absent was: Member Sawicki. ) This
resolution was duly adopted.
DELIBERATIONS/DECISION: Appeal No. 3957:
Upon Application for CHRIS, JAMES and PETER MESKOURIS
for a Variance to the Zoning Ordinance, Article IIIA, Section
100-3OA.3 for approval of . insufficient area, width and depth of
parcel with an existing single-family dwelling (re-separate lots
that are merged) , Article III, Section 100-31A, and Article
XXIII, Section 100-239dA(2) for proposed deck construction which
requires approval as to insufficient sideyards, , excessive lot
coverage, and reduced setback from the minimum required setback
from the ordinary high-water mark of Long Island Sound.
Property Location: 1350 Sound Beach Drive, Mattituck; County
Tax Map No. - 1000, Section 106, Block 1, Lot 36 and Lot 37.
WHEREAS, public hearings were held on June 27, 1990 and on
September 26, 1990, concerning the Appeal Application filed by
Proper-T Services, Inc. in behalf of CHRIS, JAMES AND PETER
MESKOURIS under Appl. No. 3957;
WHEREAS, at said hearings 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, 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 "Low-Density
Residential R-40" Zone District and is referred to as District
Southold Town Board of Appeals -12- October 17, 1990 Special
Meeting
(Appl. No. 3957 - MESKOURIS decision, continued: )
1000, Section 106, Block 01, Lot 37 on the Suffolk County Tax
Maps, situate along the northerly side of Sound Beach Drive,
Mattituck, Town of Southold, New York.
2. The subject premises as exists:
(a) contains a total lot area of
15,096 sq. ft. with 75. 00 ft. road frontage ( lot width) ;
(b) was conveyed by separate deed to the Meskourises
by Deed at Liber 10959 page 396 on August 24, 1989, and
immediately adjoining the subject lot to the west exists other
premises, in common ownership, of the Meskourises conveyed by
Deed at Liber 10849 page 466 on April 11, 1989.
(c) is improved with a single-family dwelling as
shown by the May 14, 1990 survey prepared by Anthony W.
Lewandowski, L.S. with setbacks as exist at 63. 5 feet from the
southerly {front) property line, six feet from the easterly
(side) property line, 108+- feet from the average high water
mark (to the north) of the Long Island Sound, and 13+ feet from
the westerly (side) property line.
3 . Article IIIA, Section 100-30A. 3 of the current zoning
code (as amended January 9, 1989) requires a minimum lot area of
40,000 square feet and minimum side yards at 15 and 20 feet for
a total of 35 feet.
4. Article XXIII, Section 100-239dA(2) requires a setback
of not less than 100 feet from the average (ordinary) highwater
mark of Long Island Sound for new buildings.
5. The relief sought by this application are variances for
approval of:
(a) the subject lot with a lot area of 12,506 sq. ft.
(per filed map) and lot width of. 75 feet, said land presently
improved with an existing one-family dwelling;
(b) proposed open deck construction to be set back
92+- feet from the average highwater mark along the Long Island
Sound and 171/2 feet from the westerly side yard, and total side
yards at 7-1/2 feet;
6. Fo'r the record, it is noted that:
Southold Town Board of Appeals -13 - October 17, 1990 Special
Meeting
(Appl. No. 3957 - MESKOURIS decision, continued: )
(a) the subject premises are nonconforming not only as
to lot area ;and width but is believed to have been improved with
a dwelling structure built during or before 1960;
(b) lots in the immediate vicinity of the subject
premises to ;the west and east are of a similar size in this
preexisting subdivision of Cpt. Kidd Estates;
(c) the total lot area, to the ordinary highwater mark
of the Long �Island .Sound, is shown to be 15,096 sq. ft.
(d) the total coverage of the lot, with the proposed
deck, is 2320+- and a variance is not necessary since the total
coverage of � the parcel by buildings is less than the maximum 20%
of lot area to the highwater mark.
7. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase the dwelling unit density, since the parcel is believed
to have been improved with a dwelling before 1960; (b) the
evidence submitted and practical difficulties claimed are
sufficient to warrant a grant of this variance; (c) there will
be no substantial change in the character of the immediate
neighborhood or detriment to adjoining properties; (d) the
difficulties cannot be obviated by some method feasible to the
appellant to pursue, other than a variance; (e) that similar
relief was granted to County Tax Map Lot 1000-106-1-35
(Subdivision Lot 37) located immediately to the west ,of this
parcel; (f) that in view of the manner in which the
difficulties arose, and in considering all the above factors,
the interests of justice will be served by granting the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph 45, supra) , in the Matter of the Application of CHRIS,
JAMES and PETER MESKOURIS under Appl. No. 3.957, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the deck be constructed at a height not to exceed
16 inches above grade;
2. That the deck remain open, unroofed and unenclosed at
all times (as proposed) ;
. I
Southold Town Board of Appeals-14- October 17, 1990 Special
Meeting
(MESKOURIS ;Decision, Continued: )
I
3 . That evidence be furnished in the form of a Certificate
of Nonconforming Premises, or other documentation satisfactory
to the Board of Appeals, concerning the preexistence of the
subject dwelling before issuance of the building permit here-
under.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and binizio. (Absent was: Member Sawicki. ) This
resolution was duly adopted.
DELIBERATIONS/DECISION: Appeal No. 3951:
Upon Application for CHRIS, JAMES and PETER MESKOURIS
for a Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3 for approval of insufficient area, width and depth of
parcel with an existing single-family dwelling (re-separate lots
that are merged) , Article III, Section 100-31A, and Article
XXIII, Section 100-239dA(2) for proposed deck construction which
requires approval as to insufficient sideyards, excessive lot
coverage, and reduced setback from the minimum required setback
from the ordinary high-water mark of Long Island Sound.
Property Location: 1350 Sound Beach Drive, Mattituck; County
Tax Map No.1 1000, Section 106, Block 1, Lot 36 and Lot 37.
WHEREAS, public hearings were held on June 27, 1990 and on
September 2'6, 1990, concerning the Appeal Application filed by
Proper-T Services, Inc. in behalf of CHRIS, JAMES AND PETER
MESKOURIS under Appl. No. 3951;
WHEREAS, at said hearings 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, 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 "Low-Density
Residential R-40" Zone District and is referred to asiDistrict
Southold Town .Board of Appeals - 15- October 17, 1990 Special
Meeting
(Appl., No. 3951 - MESKOURIS decision, continued: )
1000, Section 106, Block 01, Lot 36 on the Suffolk County Tax
Maps, situate along the northerly side of Sound Beach Drive,
Mattituck, Town of Southold, New York.
2. The subject premises as exists:
(a) contains a total lot area of 10,545 sq. ft. with
50. 23 ft. road frontage (lot width) and is shown -on the
Subdivision Map of Cpt. Kidd Estates as Lot No. 38;
(b) was conveyed by separate deed to the Meskourises
by Deed at Liber 10849 page 466 on April 11, 1989, and
immediately adjoining the subject lot to the east exists other
premises, in common ownership, of the Meskourises conveyed by
Deed at Liber 10959 page 396 on August 24, 1989.
(c) is improved with a single-family dwelling as
shown by the May 4, 1990 survey prepared by Peconic Surveyors,
P.C. with setbacks as exist at 56.7 feet from the southerly
{front} property line, ten feet from the easterly {side)
property line, 9 feet from the westerly {side} property line,
and 108+- feet from the average high water mark (to the north)
of the Long Island Sound.
3. Article IIIA, Section 100-30A.3 of the current zoning
code (as amended January 9, 1989) requires a minimum lot. area of
40,000 square feet, minimum side yards at 15 and 20 feet for a
total of 35feet and maximum lot coverage for all buildings at
20 percent (or 2109 sq. ft. ) .
4. Article XXIII, Section 100-239dA(2) requires a setback
of not less' than 100 feet from the average (ordinary) highwater
mark of Long Island Sound for new buildings.
S. The relief sought by this application are variances for
approval of:
(a) the subject lot with a lot area of 12,506 sq. ft.
(per filed map) and lot width of 75 feet, said land presently
improved with an existing one-family dwelling;
(b) proposed open deck construction to be set back
92+- feet from the average highwater mark along the Long Island
Sound and 1-1/2 feet from the westerly side yard, total side
yards at 7-1/2 feet, and total lot coverage at 2693+- square
feet (2464 sq. ft. existing and 1229 sq. ft. proposed for deck) ;
6. For the record, it is noted that:
Southold Town Board of Appeals -16- October 17, 1990 Special
Meeting
(Appl. No. 3951 - MESKOURIS decision, continued: )
(a) the subject premises are nonconforming not only as
to lot area and width but is believed to have been improved with
a dwelling structure built during or before 1960;
(b) lots in the immediate vicinity of the subject
premises to the west and east are of a similar size in this
preexisting subdivision of Cpt. Kidd Estates;
7. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase the dwelling unit density, since the parcel is believed
to have been improved with a dwelling before 1960; (b) the
evidence submitted and practical difficulties claimed are
sufficient to warrant a. grant of this variance; (c) there will
be no substantial change in the character of the immediate
neighborhood or detriment to adjoining properties; (d) the
difficulties cannot be obviated by some method feasible to the
appellant to pursue, other than a variance; (e) that similar
relief was granted to County Tax Map Lot 1.000-106-1-35
(Subdivision Lot 37) located to the west of this parcel;
(f) that in view of the manner in which. the difficulties
arose, and in considering all the above factors, the interests
of justice will be served by granting the variance, as
conditionally .noted below.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph #5, supra) , in the Matter of the Application of CHRIS,
JAMES and PETER MESKOURIS under Appl. No. 3951, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the deck be constructed at a height not to exceed
16 inches above grade;
2. That the deck remain open, unroofed and unenclosed at
all times (as proposed) ;
Southold Town Board of Appeals -17- October 17, 1990 Special
Meeting
(Appl. No. 3951 - MESKOURIS decision, continued: )
3 . That evidence be furnished in the form of a Certificate
of Nonconforming Premises, or other documentation satisfactory
to the Board of Appeals, concerning the preexistence of the
subject dwelling before issuance ,of the building permit here-
under.
Vote of . the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Absent was: 1 Member Sawicki. ) This
resolution was duly adopted.
DELIBERATIONS/DECISION: Appeal No. 3963 :
Application for FRANK CURRAN. Variance to the Zoning
Ordinance, Article III, Section 100-30A.4 (100-33 ) and Article
XXIII , Section 100-239. 4B, as disapproved, for permission to
construct an accessory building in an area other than the
required rear yard and with a setback of less than 75 feet from
the bulkhead. Location of Property: 780 Haywaters Road,
(Peconic Bay Properties Subdivision) , Cutchogue, NY; County Tax
Map District 1000, Section 111, Block 1, Lot 016.
WHEREAS, a public hearing was held on September 26, 1990
and all those who desired to be heard were heard and their
testimony recorded;
WHEREAS, 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 known and referred to as
780 Haywaters Road, in the Hamlet of Cutchogue, Town of
Southold, is identified as part of Lot #45, part of #27 and Lot
#26, on he Map of "Peconic Bay Properties" at Fishermen' s Beach,
and is more particularly shown on the Suffolk County Tax Maps as
District 1000, Section 111, Block 1, Lot 16.
2. The entire premises has frontage along the north side
of Haywaters Road of 120+- feet in length and varied depths of
128 feet and 100 feet. The subject premises is presently
improved with a single-family dwelling structure as more
particularly shown on the July 19, 1990 sketch submitted for
consideration.
Southold Town Board of Appeals -18- October 17, 1990 Special
Meeting
(CURRAN decision, continued: )
3 . By this application, appellant requests variances for
permission to locate a new 20 ft'.� by 30 ft. accessory
garage/structure in the easterly, 'side yad area with a setback of
three feet from the easterly property line and 8-1/2 feet from
the closest setback from the outer edge 'of the bulkhead along
Haywaters Cove.
4. Although -the amount of relief requested by this
application is substantial in relation to the requirement, the
setbacks requested are not out of character with those generally
existing in the immediate neighborhood and with those setbacks
of the existing dwelling on this parcel. The accessory garage
structure will not be closer to the bulkhead than the dwelling
structure and will not be closer than 75 feet to the front
property line along Haywaters Road..
5. For the record it is noted that a Waiver Permit has
been issued by the Southold Town Trustees on September 27,
1990.
6. In considering this application, the Board also finds
and determines:
(a) the nonconformities of the land and building in
question lend to the practical difficulties;
(b) the difficulties cannot be obviated by some
method feasible for appellant to pursue other than a variance;
(c) the location of the dwelling as requested will
not change the essential character of this residential community;
(d) the variance will not in turn be adverse to the
safety, health_, welfare, comfort, convenience or order of the
town, and will be within the limitations set for lot coverage at
less than the 20 percent of the total lot area;
(e) in carefully considering the entire record and
all the above factors, as well as viewing the general character
of the neighborhood, it is within the best interests of justice
to grant the variance, as applied and further noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3963 in the Matter of FRANK CURRAN for the location of a 20
ft. by 30 ft. accessory garage structure with reduced setbacks
Southold Town Board of Appeals -19- October 17, 1990 Special
Meeting
(CURRAN decision, continued: )
from the existing bulkhead at 8-1'/2+- feet and at not less than
three feet from the easterly side property line, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That there be no disturbance of the land between the
garage structure and the existing bulkhead (and no disturbance
to any bulkhead tie backs) .
2. That leaching basins and gutters with down-spouts to
properly retain run-off on site be placed where necessary..
3 . That the garage have overhead or pull-out doors at a
height of approximately seven feet (and not less .than six feet
in height) on the northerly side facing Haywaters Cove and on
the southerly (front) section facing Haywaters Road for ingress
and egress.
4. That the height of the garage to the top of the ridge
not exceed 20 feet;
5. That the accessory building be used only for garage or
storage purposes, as applied, with no utilities except
electrical utilities.
6. That the relief granted hereunder will supersede that
relief granted under Appeal No. 3768 for a pool with deck and
fence enclosure, which is now withdrawn from the record. Any
proposed for construction other than as applied herein will
require a separate variance application for consideration.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, and Dinizio. This resolution was unanimously adopted.
Southold Town Board of Appeals -20- October 17, 1990 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3966:
Application for PETER BLOOM.'for a Variance. to the Zoning
Ordinance, Articll IIIA, Section 100-30A.3 , as disapproved, for
permission to construct a deck addition to existing residence
with insufficient sideyard setbacks. Location of Property: 40,
Old Shipyard Lane and 580 L'Hommedieu, Southold; County Tax Map
District 1000, Section 64, Block' 2, Lot 53 .
WHEREAS, a public hearing was held on September 26, 1990 in
the Matter of the Application of',.PETER BLOOM under Appeal No.
3966; 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 southerly
side of L'Hommedieu Lane in the Hamlet and Town of Southold, is
also known as Lot #71 on the "Map of Founders Estates" filed in
the Suffolk County Clerk' s Office as Map No. 834, and is
moreparticularly identified on the Suffolk County Tax Maps as
District 1.000, Section 64, Block. 2, Lot 53 .
Southold Town Board of Appeals -21- October 17, 1990 Special
Meeting
(BLOOM Decision, continued: )
2. The subject premises isla substandard parcel containing
a total lot area of approximately 7,500' square feet, and is a
corner lot with two street frontages: 49.79 feet along Old
Shipyard Lane and 150.13 feet along L'HommeDieu Lane.
3 . The subject premises:
(a) is improved with a one-and-one-half store
single-family dwelling set back at its closest point from the
northerly {front} property line 14 feet, exclusive of stoop
area, 12+- 'feet from its closest point to the southerly property
line, and 36 feet from the easterly {front} property line;
(b) is located in the R-40 Zone District which
requires a minimum side yard at 15 feet.
4. Appellants are requesting permission to construct
raised deck encompassing the existing flagstone patio area and a
partial raised deck around the west side of the house adjacent
to the garage. The width of the proposed deck at its widest
point is to be 11 feet, and the depth 3316" (west to east) .
The setback of the proposed deck will be the same as the
existing flagstone patio at approximately 1-1/2 feet from
the southerly property line.
5. In considering this application, the Board also finds
and determines:
(a) that the grant of the variance will not be
adverse to the essential character of the neighborhood;
(b) 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;
(c) the grant of the variance will not increase
dwelling unit density or cause a substantial. effect on available
governmental facilities;
(d) the relief is the minimum necessary to afford
relief;
(e) the practical difficulties claimed are sufficient;
Southold Town Board of Appeals -22 October 17, 1990 Special
Meeting
(BLOOM Decision, continued: )
(f) the difficulties cannot be obviated by some
method feasible to appellant to pursue, other than a variance;
(g) in considering all of the above factors, ,the
interests of justice will be served by granting the variance, as
conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3966 in the Matter of PETER BLOOM for a new deck addition as
described above, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck construction be not closer than eighteen
( 18" ) inches to the southerly (side) property line;
2. That the deck not exceed sixteen (1611 ) inches above
grade;
3 . That the deck construction remain open and unroofed,
and not be enclosed, as proposed;
4. That any ligts be ground lighting shielded to the
ground.
5. That the deck construction not be converted for livable
floor area (as proposed) .
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis and Dinizio. (Member Sawicki was absent. ) This
resolution was duly adopted.
Southold Town Board of Appeals -23- October 17, 1990 Special
-Meeting
DELIBERATIONS/DECISION:
ACTION OF THE BOARD OF APPEALS
Appeal No. 3967:
Application of KIM CAMPBELL. Variance to the Zoning
.Ordinance., Article III, Section. 100-33 as disapproved, for
permission to locate accessory building in an area other than
the required rear yard. Location of Property: East End Road,
Fishers Island, NY; County Tax Map District 1000, Section 004,
Block 004, Lot 016.
WHEREAS, a public hearing was held on September 26, 1990
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 a private
right-of-way off Orientale Avenue at Fishers Island, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, JSection 4, Block 4, Lot 16.
Southold Town Board of Appeals -24- October 17, 1990 Special
Meeting
2. The subject premises contains a total lot area of
4.34+- acres and is improved with a dwelling and structures as
shown on the May 18, 1987 survey prepared by Chandler, Palmer&
King (and updated March 26, 1990) .
3. By this application, appellant proposes to locate a 26
ft. by 24 ft. accessory garage structure in the yard area facing
the private road, which technically is. the front yard area. The
subject building is proposed for those accessory uses
specifically permitted in the zoning code for this R-120 Zone
District and at a height not to exceed 16 feet to the ridge
(proposed). (See copies of construction plan sketch prepared by
James Volney Righter, Architects 'dated March 16, 1990 for
building data. );
4. Article III, Section 100-33 (referred from Article.
III-A, Section ;100-30A.4) of the Zoning Code allows accessory
buildings to be located in the required rear yard area, but does
not provide for accessory buildings to be located in any other
yard area.
5.. In considering this application, the Board finds and
determines:
(a) ,that the circumstances of this application are
uniquely related- to the land;
(b) ithat there is no other method for appellants to
pursue; and placing the structure in any other location on the
premises would require other variance relief;
(c) :that the area chosen for the accessory structure
is not unreasonably located, being 445+- feet from the private
road and 55 or more feet from the edge of the marsh;
(d) ' that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(e) ;that precedents have been established in area
waterfront communities for the same or similar placement of
accessory buildings in a yard area different than the seaward
areas of the dwellings;
Southold Town Board of Appeals -25- October 17, 1990 Special
Meeting
(f) that in carefully considering the record and all
the above factors, the interests of. justice will be served by
granting the variance, as applied and conditionally noted below.
Accordingly, on motion. by Mr. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of KIM CAMPBELL as applied under Appeal No. ' 3967 for
the placement of an accessory garage/storage building in the
front yard area (as described in the above Findings) , SUBJECT TO
THE FOLLOWING CONDITIONS:
1. That the accessory building be located as requested
(445+- feet from the private road and 55 or more feet from the
nearest marsh area) ;
2. That the accessory building not exceed the proposed
height at 16 feet from grade;
3. That the subject accessory building not be used for
habitable, sleeping or' business purposes;
4. That the size of the building not exceed 20 feet by 25
feet at any time;
5. All other provisions of the Code as pertain to
accessory uses and accessory buildings for this Zone District
(such as storage and garage uses) .
Yote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Member Sawicki was absent. ) This
resolution was 'duly adopted.
Southold Town Board of Appeals -26- October 17, 1990
Special Meeting
ACTION OF THE BOARD OF APPEALS
i
Appl. No. 3964-SE. Appication of 'KENNETH MINNICK.
Special Exception to the Zoning Ordinance, Article III,
Section 100-31B(14) , as disapproved, for permission to establish
accessory apartment in proposed addition to existing one-fami.ly
structure. Property location: 3305 Aldrich Lane, Laurel;
County Tax Map .No. 1000, Section 124, Block 1, Lot 3. 2.
WHEREAS, a public hearing was held on September 26, 1990 and
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, Board Members have personally viewed and are
familiar with the premises in question, the physical
characteristics of the land, its present .-zoning classification,
and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request a Special Excep-
tion to the Zoning Ordinance, Article III, Section 100-31B(14)
for permission to establish a new "Accessory Apartment" in a
proposed addition to the existing principal single-family
dwelling as more particularly shown on the construction plan
sketch dated July 2, 1990 referred to as Plan No. 1304F.
2. The premises in question is located in the R-80
Residential and Agricultural Zone District, containing a total
area of approximately 41,000 sq. ft. , and extends off the
westerly side of Aldrich Lane by a private right-of-way.
Southold Town Board of Appeals -27- October 17, 1990
Special Meeting
3 . The subject premises is improved with an one-story,
single-family dwelling with attached garage (without the sketched
addition) as more particularly shown on the June 24, 1977 Survey
prepared by Young & Young, L.S. ('No. 77-427) .
4. Upon information furnished, the proposed addition will
be that area to- be occupied by the Accessory Apartment use, and
the square footage of the principal single-family dwelling use is
given at 1,732+.- square feet.
5. Article III, Section 100-31B( 14) of the Zoning Code
permits the establishment of:
. .One Accessory Apartment in an existing one-family
dwelling. ...subject to requirements (a) through (p) ,
inclusive.
6. Subsection (m) of Section 100-31B(14) of the Zoning Code
provides that the " . . .building which is converted to permit an
accessory apartment shall be in existence and have a valid
Certificate of Occupancy issued prior to January 1, 198.4.7
7. It is noted that both areas (within which the principal
dwelling use and Accessory Apartment use) are to be located must
have been in existence prior to January 1, 1984 in order to meet
the requirements of this Article.
8. The principal single-family dwelling structure was
constructed under the issuance of Building Permit #9354 dated
July 7, 1977. 'Although the 1732+- sq. ft. dwelling has been in
existence and has a valid Certificate of Occupancy prior to
January 1, 1984, the area within which the proposed Accessory
Apartment is to be located does not exist.
9. During the public hearing held on September 26, 1990,
the applicants .were advised that if they would consider utilizing
the existing attached garage for the proposed accessory
apartment, 'then the Board could possibly grant the Special
Exception. The applicants did not authorize the Board to grant
the Special Exception for an Accessory Apartment use in the
existing attached garage rather than in the proposed new
addition. Accordingly, there is no alternative for this Board to
take except to ,reconfirm that the intent of this provision of the
Zoning Code legislates establishment of an Accessory Apartment
and principal single-family dwelling use must both be within the
"perimeter" (or footprint) of the entire construction of the
principal building as existed on or before January 1, 1984.
i
Southold Town Board of Appeals -28- October 17, 1990
Special Meeting
f 10. In considering this application, the Board finds and
determines that ,it is without authority to grant a Special
Exception use where the project, does not meet all of the
_ requirements of 'the Zoning Code (Knadle v. ZBA of Huntington, 121
AD2d 447 (1986) ; Roginski v. Rose, et al. , 63 NY2d 735 (1984) 1 .
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY, without prejudice to re-apply, the
Special Exception as requested and as applied under Appl. No.
3964 in the Matter of the Application of KENNETH MINNICK.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Absent was: Members Sawicki. ) This
resolution: was duly adopted.
ENVIRONMENTAL DECLARATIONS: Motion was made by
Mr. Goehringer,' seconded by Mr. Doyen, to declare the following
Declarations pursuant to the N.Y.S. Environmental Quality Review
Act (SEQRA) and Chapter 44 of the' lCode of the Town of Southold
on each of the 'following, as noted, infra:
Appl. No. 3969 - Andrew Burkard.
Appl. No. '3974 - Donald L. Osani (Brudermann)
Appl. No. 3980 - Virginia Olga Lee
Appl. No.. '3978 - Donald and Dorothy Swahn
Appl. No. '3971 - Valerie M. Kramer
Appl. No. 3976 - Thomas and Marian Santacroce
Appl. No. 3972 - Petrol Station Ltd.
Appl. No. 3977 - Betty J. Copin
Appl. No. 3979 - Thomas J. Gorman
Appl. No. .3968 - Irene R. Miller
Appl. No. 3975 - Arthur G. Carlson
I
Southold Town Board of Appe ,, October 17., 1990
� f ��� Special Meeting
APPEALS BOARD MEMBERS ! r jilt MR SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman' �"®`
Charles Grigonis, Jr.
Serge Doyen, Jr. �1 d Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki Southold, New.York 11971
James Dinizio, Jr. i. BOARD, OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN;OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
S.E.O.R.A.
TYPE II ACTION'' DECLARATION
Appeal No. 3969
Project/Applicants: Andrew Burkard
County Tax Map No. 1000- 15-5-=24. 13
Location of Project: 370 Uhl Lane , Orient , NY
Relief Requested/Jurisdiction Before This Board in this Protect:
Construct two-foot extension , of garage attached to dwelling
with an insufficient front yard setback.
l�
l
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be.
project be implemented as planned.1 ;
I
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 ..2jj , this Department is
excluded as an involved agency.
This determination shall not,' 'however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj . "
For further; information, please contact the Office of the
Board of Appeals;, Town Hall, Main ,Road, Southold, NY 11971 at
(516) 765-1809.
me
I
i
Southold Town Board of Appe, ' October 17, 1990
Special Meeting
F
APPEALS BOARD MEMBERSr . SCOTT L. HARRIS
' Supervisor
Gerard P. Goehringer, Chairman p
Charles Grigonis, Jr. ® ',xya� Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Sou
James Dinizio, Jr. BOARD OF APPEALS Fax New York 11971
( .
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF!SOUTHOLD Telephone (516) 765-1800
October 17 , 1990. \
S.E.n.R.A.
TYPE II ACTIONiDECLARATION
Appeal No. 39.74
Project/Applicants: Donald L. Os.ani
County Tax Map No. 1000- 79-5-10 and 11
Location of Project: Bayview Rd. i,&, Reydon Dr. , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Pr ject:
Re-separate into two parcelslas shown by separate dee�
conveyances , each lot having insuiTficient area and proposed
construction to meet setback requirements for this R-40 Zone
District c �
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.
An Environmental Assessment ,(Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. '
me
Southold Town Board of Appe � October 17, 1990
Special Meeting
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr.
BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 .
October 17 , 1990
S.E.O.R'.A.
TYPE II ACTION, DECLARATION
Appeal No. 3980 .
Project/Applicants: Virginia Olga Lee
County Tax Map No. 1000- 9,2=1-4
Location of Project:_1455 Cedar Beach Road East , Southold , NY
Relief Requested/Jurisdiction' Before This Board in this Project:
Approval of deck addition to •.;dwelling with insufficient
sideyard setback and reduced ,front yard setback
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 ff4.4-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely, to occur should be
project be implemented as planned:
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall, not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information,' please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. E
me
Southold Town Board of Appe , ' 1 =� October 17, 1990
Special Meeting
APPEALS BOARD MEMBERS }4 �{ ' � SCOTT L. HARRIS
Gerard P. Goehringer, Chairman �' �.. r `} Supervisor
>:.
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
S.E.O.R:A. October 17 , 1990
TYPE II ACTION DECLARATION
Appeal No. 3978
Project/Applicants: Donald & , Dorothy ;Swahn
County Tax Map No. 1000- 123-87' 8
Location of Project: Park Avenue ;;�Mattituck , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Approval of insufficient lot area and width (frontage ) of two
proposed parcels , each with -an existing dwelling , in this pending
division of land,
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 #44L4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the° established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY •11971 at
(516) 765-1809.
me
Southold Town Board of Appeal' October 17, 1990
Special Meeting
gy���-
py�
tt" YA .
APPEALS BOARD MEMBERS ; � ¢.. Y SCOTT L. HARRIS
Gerard P. Goehringer, Chairman ` _ o Supervisor
Charles Grigonis, Jr.
Town Hall; 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
S:E.0.R.A.'
TYPE II ACTION DECLARATION
Appeal No. 3971
Project/Applicants: Valerie Mi. Kramer
County Tax Map No. 1000- 3'4-5-ZO
Location of Project: 730 Robi'nson ''Rd. & 980 Manhanset Rd. , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct -new dwelling with insufficient setback from
existing bulkhead and from th'e easterly (front) property line
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects; are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or l'ot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section- 617 .2jj , this Department is
excluded as an involved agency.
This determination shall� not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information,' please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. '
me
Southold Town Board of Appear ' October 17, 1990
.Special Meeting
APPEALS BOARD MEMBERS 3 y�3r,-_' , SCOTT L. HARRIS
ff
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. �'�� Town Hall, 53095 Main Road
Serge Doyen, Jr. `' P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No.. , 3976'
Project/Applicants: Thomas and Marian Santacroce
County Tax Map No. 1000- 38-1 - 1 : 2
Location of Project: Shipyard Land and Main Road , East Marion , NY
Relief Requested/Jurisdiction- Before This Board in this Project:
Permission ;to construct off-premises ground sign to advertise
for business p-urposes
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
I
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the- established list of Type Ii .
Actions. Pursuant to Section, 617 .2jj , this Department is
excluded as an involved agency.
I
This determination shalllnot, however, affect any other
agency' s interest as an involved agency under. SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) .765-1809.
me
I
I
Southold Town Board of Appea_,� October 17, 1990
Special Meeting
APPEALS BOARD MEMBERS ® ,��� r'"a'��`;� � e
SCOTI L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman '� s
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
. Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
S.M.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3972
Project/Applicants: Petrol Station Ltd .
County Tax Map No. 1000- 1:09-1 -23
Location of Project: Main Road , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of proposed Lot #4 which will have insufficient area
in this RO Zone,- District
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information,' please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. ,.
me
Southold Town Board of Appea October 17, 1990
Special Meeting
LS
� E
X SCOTT L. HARRIS
APPEALS BOARD MEMBERS Q
ate '
Gerard P. Goehringer, Chairman �� `tom r'., Supervisor
Charles Grigonis, Jr. �� Town Hall, 53095 Main Road
Serge Doyen, Jr.
Joseph H. Sawicki P.O. Box 1179
James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971
Fax (516) 7654823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
S:E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3977
Project/Applicants: Betty J . Copin
County Tax Map No. 1000- 52-5-54
Location of Project: 2195 Albertson Lane , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate accessory (garage ) building partly in the side yard
and rear yard with a setback at less than the required 20 feet
from the southerly property line
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
' r
It is determined that this Board' s area of jurisdiction
concerning setback, area or 1'ot-line variances determines this
application to fall under the' established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall; not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information,; please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. E
me
i
i
< Southold Town Board of Appeal.; October 17, 1990
Special Meeting
OR
APPEALS BOARD MEMBERS - > ►� SCOI'I L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
Joseph H. Sawicki P.O. Box 1179
James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
i
S,E.O.R.A.
October 17 , 1990
4 TYPE II ACTION DECLARATION
Appeal No. 397'9
Project/Applicants: Thomas J .! Gorman
County Tax Map No. 1000- 121-4-23
Location of Project: 18 Crescent Drive , Mattituck , NY
Relief Requested/Jurisdiction Before This Board in this Project:
For approval of location ,of two accessory (storage ) buildings
in the front yard, as exists . ;
i
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects: are likely to occur should be
project be implemented as planned..
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this ,
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2•jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj . .
For further information, . please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
!
me
.i
,Souhthold Town. Board of Appea �.., 1b., October 17, 1990
/� Special Meeting
APPEALS BOARD MEMBERS ." �' ar SCOTT L. HARRIS
Gerard P. Goehringer, Chairman •��` t<`'°S Supervisor
Charles Grigonis, Jr.
r8 Town Hall, 53095 Main Road
Serge Doyen, Jr. ca
P.O. Box 1179
Joseph,H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 17 , 1990
i S.E.Q.R:A.
TYPE II ACTION DECLARATION
Appeal No 39.68
Project/Applicants: Irene R. Miller
County Tax Map No. 1000- 68-3-10 .
Location of Project: Lake View Ave . , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate proposed dwelling structure with a setback of less than
100 feet from top of bluff on this 42 ,930 sq . ft. parcel
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.
An Environmental Assessment (Short) Form has been submitted
with the subjectjapplication indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
i
It is determined that this Board' s area of jurisdiction
--concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further, information, please contact the Office of the
Board of Appeals; Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
Town Board of Appeals 39- October 17, 1990
�Ocj� Coll Special Meeting
�+ y Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
�1 TELEPHONE (516) 765-1809
Date: October 17 , 1990
APPEALS BOARD
MEMBERS S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR. UNLISTED ACTION
SERGE DOYEN, JR.
JOSEPH H. R
JAMES DINIZIOZIO, Notice of Determination of Non-Significance
IN JR..
Appeal No. 3975
Project/Applicants: Arthur G. Carlson
County Tax Map No. 1000- 69-5-13 . 2
Location of Project: 1575 Lower Road , Southold , NY
Relief Requested/Jurisdiction before this Board in this Project:
Approval of mariculture uses
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned, and:
{ X } this Board assumes Lead Agency status and determines
this project to :be an Unlisted Action (uncoordinated) noting
these findings: ,
{ } the project is proposed in an area with land
contours 10 or more feet above mean sea level;
{ the area seaward of the proposed construction is
bulkheaded;
{ the project is proposed landward of existing
structures;
{ } this Board does not wish to be Lead. Agency since the
area of jurisdiction is minimal and not directly related to new
construction (such as nonconforming use variance or use permits) ;
{ } this Board wishes to assume Lead Agency status and
urges coordinated written comments by your agency to be
. submitted within the next 20 days.
For more information, please contact our office.
Copies to: Planning Board, Town Trustees, N.Y.S. D.E.C. and/or
Suffolk County Department of Health Services.
MC
(Southold Town Board of Appeals -40- October 17, 1990
Special Meetingk
(Environmental Declarations, continued: )
Appl. No. 3970 - McDonald' s Corp. 1000-122-7-3 . 001. The
following was reconfirmed for the record since the last meeting
of the Board for future reference, if needed:
NOTICE OF INCOMPLETE APPLICATION UNDER S.E.Q.R.A.
Pursuant to Part 617 of the N.Y.S. Environmental Quality
Review Act (SEQRA) and Chapter 44 of the Code of the
Town of Southold, this department has determined this
application, under SEQRA, to be incomplete in the .
following areas:
a. Lack of a grading and drainage map with existing
and proposed topographical grades at two-foot
intervals and 200 feet beyond the property lines.
b. Lack of a drainage plan.
Further, please note that: (X) This project is subject
to SEQRA; (X) The Town Agencies involved are ( 1) the
Planning Board under its site plan reviews, and (2) the
Board of Appeals for consideration of the Special Excep-
tion which is a listed permitted use in this Zone
District; ' (X) Lead Agency Determination is pending
at this time {Lead Agency to be accepted by Planning
Board of the Town of Southold upon receipt of a full
application under its site plan reviews} .
The following additional correspondence to the Town Planning
Board which is incorporated herein for future reference:
" . . .This will confirm our discussions on August 31, 1990 between
Valerie Scopaz and Mark McDonald of your office, concerning the
applications of McDonald's, that the Board of Appeals as an
involved agency, waives lead agency status and urges the
Planning Board to proceed as lead agency under the N.Y.S.
Environmental Quality Review Act (SEQRA) regulations,
particularly due to the following:
a. the site plan elements and physical construction of
the access driveways, drainage facilities, land-
scaping, and/or contour alterations are major
considerations to be determined under Planning
Board jurisdiction;
b. the application under consideration in this
application before the Board of Appeals is not
directly related to physical change of the land.
�QSoµthold Town -Board of Appeals -41- October 17, 1990
Special Meeting
(Environmental -Declarations, continued: )
McDonald's, letter to the Planning Board continued:
Also, determinations must be made by the Planning Board as
to:
1. Whether proposed traffic accessways are adequate in
width and visibility for safe exiting onto the Main Road and
whether they are located in proper relationship to pedestrian
crossings from other business or residential areas;
2. Whether the accessways are in conformance with overall
traffic safety 'considerations, including N.Y.S. Department of
Transportation 'reviews in the preliminary stages of the
application;
3.. Whether on-site circulation is designed with extreme
safety to pedestrians entering and leaving the building;
4. Whether on-site drainage will be sufficient to retain
waters from heavy rainfalls - particularly in the walkways for
pedestrians from the parking areas to the building (eliminating
any unsafe detours for pedestrians in other vehicular areas to
get around to the building) ;
5. That any outside activities, such as picnic tables or
the like, be treated as part of the principal use of the site,
and not be located less than' the minimum setback yard areas
required for a principal use/building structure;
6. That exterior lighting be of a type to project light
toward the ground and not projecting toward motorists.
7. That no telephone facilities be located within the
visibility of vehicles exiting the site.
8. That the site comply with the zoning code , and the
buildings should be located to allow for some future
expansionwi.thout the necessity for any variance.
9. That in the event the Board of Appeals places
conditions under the Special Exception which appear to be
different than ;the zoning code, then the more stringent
requirement shall be adhered to (i.e. fencing, etc. )
By way of this correspondence, the applicant is urged to
proceed with a complete application through the Planning Board
office. Our department as an involved agency must received all
written communications and developments under the SEQRA 'and Site
Plan procedures. . . . "
Swthold Town Board of Appeals -42- October 17, 1990
Special Meeting
(Environmental Declarations, continued: )
Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio
and Goehringer. (Member Sawicki was absent. ) This resolution
was duly adopted.
UPDATE: Pending Hearing - Appl. No. 3979. Application by
ARTHUR G. CARLSON. The Chairman scheduled an additional on-site
inspection for the Board Members to view the applicant's
activities under this application, one in particular being
"cooking of conches. " A tentative date for Saturday morning at
about 11:00 is to be requested of the property owner.
The following meetings were confirmed:
October 18, 1990 Legislative Code Committee 7: 30 p.m.
October 24, 1990 Planning & Zoning Committee 7: 30 p.m.
November 1, 1990 ZBA Regular Meeting & Hearings
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting
adjourned. The meeting adjourned at approximately 8:25 p.m.
Respectfully submitted,
C
Linda F. Kowalski lb-To.Fo
Approved - 11/1/9
RECEIVED AND FILED B?
THE SOU;OLD TOV, `CLERK
DATE aga HOUR
Town Clerk, Town of Sou d