HomeMy WebLinkAboutZBA-11/15/1990 SPEC a� o��FFo�K�oG
o y`
APPEALS BOARD MEMBERS SCOTT L. HARRIS
�0 Supervisor
Gerard P. Goehringer, Chairman ,j► 0
Charles Grigonis, Jr.' �0,� �� 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
THURSDAY, NOVEMBER 15, 1990
SPECIAL MEETING
A Special Meeting was held by the Southold Town Board of
Appeals on THURSDAY, NOVEMBER 15, 1990 commencing at 7: 00 p.m.
at the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member
Serge Doyen, Jr. and Member James Dinizio, Jr. (Absent were
Member Grigonis {out-of-state} and Member Sawicki. ) Also
present was Board Secretary Linda Kowalski.
The Chairman opened the meeting and proceeded with the
first agenda item, as follows:
Appeal No. 3974: Application for DONALD L. OSANI (Owner:
George Brudermann, Jr. ) Variance to the .Zoning Ordinance,
Article IIIA, Section 100-30A. 3 , for approval of reseparation
into two separate parcels as shown by separate deed conveyances,
each lot having insufficient area and proposed construction to
meet setback requirements for this R-40 Zone District. Location
of Property: North Side of Bayview Road and the West Side of
Reydon Drive, Southold, NY; County Tax Map District 1000,
Section 79, Block 5, Lot 10 and 11.
WHEREAS, a public hearing was held on November 1, 1990, and
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 in the "Low-
Density Residential R-40" Zone District and is referred to as
r
Southold Town Board of Appeals -2- November 15, 1990 Special
Meeting
(OSANI decision, continued:
1000, Section 079, Block 05, Lots 010 and 011 on the Suffolk
County Tax Maps, with frontage along the westerly side of Reydon
Drive, Southold and frontage along the north side of North
Bayview Road.
2. The subject premises as exists:
(a) contains a total combined lot area of 68,604 sq.
ft;
(b) was conveyed by separate deeds to George
Brudermann, Jr. as follows: (1) County Tax Map Lot No. 10 was
conveyed on May 4, 1959 by- deed at Liber 4623 cp 325 from
Dorothy W. Brudermann and Joseph A. Brudermann; (2) County Tax
Map Lot No. 11 was conveyed on July 12, 1978 by deed at Liber
8462 cp 298 from George H. Brudermann;
(c) the minimum lot area requirement in effect during
the 1978 conveyance and merger due to common -ownership was
40,000 sq. ft. per lot, and which increased in 1983 to require a
minimum lot area of 80,000 sq. ft. per lot; .
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 southerly {vacant} lot referred to
herein as Lot #1 with a lot area of 33 ,607 sq. ft. and lot width
of 219. 85 feet along Bayview Road;
(b) proposed northerly {vacant} lot referred to
herein as Lot #2 with a lot area of 34,997 sq. ft. and lot width
of 150 feet.
5. For the record, it is noted that the area of the lots as
proposed are not out of character with those existing in the
immediate and general neighborhood. These lots meet at least
80% of the zoning requirements.
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is not substantial
in relation to the requirements; (b) the evidence submitted
and practical difficulties claimed are sufficient to warrant a
Southold Town Board of Appeals -3- November 15, 1990 Special
Meeting
(OSANI decision, continued:
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood, and a precedent
would not be set since adjoining properties have not been held
in single and separate ownership at any time since the enactment
of zoning in 1957 {except as an entire tract of 65,000+- square
feet) ; (d) that on May 1, 1986, two lots immediately north of
the subject premises were subdivided from 2.5 acres into two 1.2
+- acre lots, which may not be further divided; (e) the
difficulties cannot be obviated by some method feasible to the
appellant to pursue, other than a variance; (f) that in view
of the manner in which the difficulties arose, and in con-
sidering 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 DONALD
OSANI under Appl. No. 3974, SUBJECT TO THE FOLLOWING~
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied for.
2. That in determining the permitted location for a new
dwelling, the setbacks applicable to the R-40 Zone District
(Bulk Schedule) be used.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Absent was Member Grigonis and Member Sawicki. ) This
resolution was duly adopted.
Southold Town Board of Appeals -4- November 15, 1990 Special
Meeting
Appeal No. 3978:
ACTION OF THE BOARD OF APPEALS
Upon Application of DONALD AND DOROTHY SWAHN. Variance to
the Zoning Ordinance, Article IIIA, Sections 100-30A.3 and
Section 100-32 for approval of insufficient lot area and width
(frontage) of two proposed parcels, each with an existing
dwelling, in this pending division of land. Zone District:
R-40. Location of property: South Side of Park Avenue,
Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8.
WHEREAS, a public hearing was held on November 1, 1990, and
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
1000, Section 123 , Block 08, Lot 008 on the Suffolk County
Tax Maps, with frontage along the southerly side of Park Avenue,
Mattituck and frontage along Great Peconic Bay.
2. The subject premises as exists:
(a) contains a total combined lot area of 1.25+-
acres;
(b) was conveyed separately by deed at Liber 27.60
page 475 and by deed at Liber 4521 page 343 .
Southold Town Board of Appeals -5- November 15, 1990 Special
Meeting
(Swahn decision, continued: )
3 . Article III, Section 100-32, and 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
in this R-40 Zone District.
4. The relief sought by this application is a. variance for
approval of:
(a) proposed northerly lot referred to herein as Lot
#1 with an approximate total lot area of 20,000 sq. ft. , and lot
width of 100.22 feet along Park Avenue; inclusive of the
right-of-way/driveway area to the southerly dwelling structure,
(b) proposed southerly lot referred to herein as Lot
#2 with an approximate total lot area 39,000 sq. ft. , inclusive
of land under the highwater mark, and lot width at the building
line of 100 feet.
5. For the record, it is noted that the immediate area of
the subject premises does not lend to the grant of further
variances. Under this application, the premises is improved
with .two dwelling structures which preexisted the zoning
ordinance, which is in the Board's position sufficient for the
grant of the lot lines. There will be no increase in density
for the creation of the second lot since there is one dwelling
existing for each.
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is substantial in
relation to the requirements; (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, and a precedent
would not be set since adjoining properties have not been held
in single and separate ownership at any time since the enactment
of zoning in 1957 {except as an entire tract of more than
43,560+- square feet) ; (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. Dinizio, seconded by
Mr. Goehringer, it was
Southold Town Board of Appeals -6- November 15, 1990 Special
Meeting
RESOLVED, to GRANT the relief . as requested (and noted in
paragraph #4, supra) , in the Matter of the Application of DONALD
SWAHN under Appl. No. 3978, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied for.
2. That a minimum of 22,000 square feet be applied to the
northerly improved lot (inclusive of right-of-way ten feet in
width) and the remaining lot area be applied to the southerly
improved lot.
3. , That a survey, prepared by a licensed surveyor,
certifying the above dimensions and general layout be submitted
and accepted by the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Absent were Member Grigonis (out-of-state) and Member
Sawicki. ) This resolution was duly adopted.
CONCLUSION OF WRITTEN PORTION OF HEARING RECORD:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was
RESOLVED, to accept the sketch, as redrawn and resubmitted
by John Kramer in the Matter of Appeal Application No. 3971 -
VALERIE KRAMER, which was requested by the Board at the
conclusion of the public (verbatim) hearing held November 1, .
1990, and that the Board hereby declares the final (written)
portion of the record concluded, for the purpose of commencing
deliberations.
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 =77 November . 15., 1990 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal- No. 3980:
Application for VIRGINIA OLGA LEE. Variance to the Zoning
Ordinance, Article XXIV, Section 100-244B for .approval of deck
(with roof) attached to dwelling with a reduced front yard
setback and insufficient sideyard setback. Lot area is
nonconforming in this R-40 Zone District. Location of
Property;: 1455 Cedar Beach Road East, Southold, NY; County
Tax Map District 1000, Section 92, Block 1, Lot 4.
WHEREAS, a public hearing was held on November 1, 1990 in
the Matter of the Application of VIRGINIA OLGA LEE under Appeal
No. 3980; 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 -8 November 15, 1990 Special -
Meeting
(Appl. No. 3980 - LEE decision, continued: )
1. The premises in question is a triangular-shaped parcel
situated along two private roads referred 'to as Inley Way and .
Cedar Point Drive East, Town of Southold. The subject parcel
has been and is referred to as Lot 91 on the "Map of Cedar Beach
Park" filed in the Suffolk County Clerk' s Office as Map No. 90.
2. The subject premises is nonconforming as to lot area in
this R-40 Zone District containing a total lot area of
approximately 19,995 square feet (as shown on the assessment
records for . 459 acre) . The distance of frontage along Inlet
Way is shown on the October 15, 1975 survey prepared by Roderick
VanTuyl, P.C. as 241.60 feet and along Cedar Point Drive East
144. 12 feet.
3 . The subject premises:
(a) is improved with a dwelling which has a
preexisting, nonconforming front yard setback at approximately
seven feet (at its closest point to the westerly property line
along Inley Way) ;
(b) is also improved with- a swimmingpool which is
situated to the,.east of the existing dwelling.
4. By this application, appel"ant requests a variance for
a 7 ' 2" deck extension into the nort erly front yard area which
reduces the westerly front yard setback to approximately five
feet (and in no event less than four and one-half ( 4-1/21 )
feet_.
5. Article XXIV, Section 100-244B provides relief to
nonconforming lots having a lot area of less than 20,000 square
feet in the front yard at 35 feet. Although the relief
requested in relation to the usual minimum requirement at 35
feet for new dwellings is substantial, the relief requested in
relation to the established nonconforming setback is not
substantial at approximately two feet. (No. other variances have
been found of record for this parcel. )
6. In considering this application, the Board also finds
that the relief requested:
(a) will not be adverse to the essential character of
the neighborhood;
(b) 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) will not increase dwelling unit density or cause
a substantial effect on available governmental facilities;
Southold Town Board of Appeals -9- • November 15, 1990 Special
Meeting
(Appl. No. 3980 - LEE decision, continued: )
(d) is the minimum necessary to afford relief;
(e) cannot be obviated economically by some method
feasible to appellant to pursue, other than a variance;
(f) 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. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 ft.
(maximum) deck addition with roof in the front yard area as
shown on the sketch of a survey filed hereunder, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the sides not be enclosed at any time;
2 . That the front yard setbacks not be further reduced.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Members Sawicki and Grigonis were absent. ) This
resolution was duly adopted.
Southold Town Board of Appeals -10- November 15 , 1990 Special
Meeting
DELIBERATIONS/DECISION: Appeal No. 3963 :
Application for VALERIE KRAMER. Variance to the Zoning
Ordinance, Article XXVIII, Section 100-281 and Article XXIII,
Section 100-239.4B for permission to construct new dwelling
structure with an insufficient setback from the existing
bulkhead and from the easterly (front) property line along
Manhanset Avenue. Lot area of parcel is nonconforming in this
R-40 Zone District. Location of Property: 730 Robinson Road
and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel
No. 1000-34-5-20.
WHEREAS, a public hearing was held on November 1, 1990, at
which time all 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 located at Greenport, Town
of Southold, with frontages along two streets: Manhanset Avenue
and Robinson Road, and with frontage along a dredged canal of
"Sterling Creek. " The premises is more particularly identified
on the Suffolk County Tax Maps as District 1000, Section 34,
Block 5, Lot 20.
2. The premises is presently vacant and is quite unique in
its size, shape and location. Its size is 13,350 sq. ft. ; its
dimensions are 30 ft. (along Robinson Road to the west) x 209.96
ft. in depth x 93 .86+- ft. along Manhanset Avenue. The parcel
has limited building area due to its frontage along the dredged
canal (which is bulkheaded) and two front yard areas.
3 . By this application, appellant requests variances for
permission to locate a new dwelling structure with a setback of
Southold Town Board of Appeals -11- November 15, 1990 Special
Meeting
(KRAMER decision, continued: )
21+- feet to the bulkhead as initially submitted with this
appeal application.
4. On November 15, 1990, an alternative sketch was
submitted for board consideration, at the Board's request,
shifting the proposed house approximately 10-12 feet toward the
westerly property line in order to try to gain a greater
distance from the bulkhead. One foot was gained on the bulkhead
setback, but the side yard setback was reduced from the
originally proposal of 16-1/2 feet to 10 feet from the southerly
side property line. The front yard setbacks would be in
conformance with Section 100-244B as pertains to nonconforming
lots. 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.
5. For the record it is noted that permits have been
issued by: - (a) the Southold Town Trustees on Septem-
ber 27, 1990; .(b) Suffolk County Health Department under Permit
No. 88-SO-147; (c) N.Y.S. Department of Environmental
Conservation by Permit No. 10-88-1400 dated January 25, 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;
r
(c) the alternative location of the dwelling as
approved 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;
(e) in carefully considering the entire record and
all the above factors, as well as viewing the land and general
character of the neighborhood, it is within the best interests
of justice to grant the variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3971 and shown on the "alternative sketch" for the location
Southold Town Board of Appeals . -12- November 15, 1990 Special
Meeting
(KRAMER decision, continued: )
of a new dwelling. structure, SUBJECT TO THE FOLLOWING: \
1. That the, setback from the existing bulkhead be not
.closer than 22 feet;
2. That hay bales be placed prior to commencement of
foundation or other construction activities approximately 15
feet from the house towards the water and extending a distance
of not less than 60 feet wide to the southerly and easterly
portions of the dwelling and remain until such time that, an �
adequate ground cover can be grown to prevent disturbance of the
land between the proposed dwelling structure and the existing
bulkhead and to prevent run-off into the canal. (There must be
also no disturbance to bulkhead tie backs) .
3. That the side yard setbacks be not less than ten (10)
feet on each side (and minimum total side yard setbacks at 20
feet) .
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and
Dinizio. (Absent were: Members Grigonis and Sawicki. ) This
resolution was unanimously adopted.
CONCLUSION OF WRITTEN PORTION OF HEARINGS: On motion by
Member Dinizio, seconded by Member Doyen, it was
RESOLVED, to accept the written responses from Frank M.
Flynn, Esq. and Charles R.. Cuddy, Esq. in the Matter of VILLAGE
MARINE under Appl. No. 3938, which were agreed to be submitted
by November 15, 1990, and that the Board declare the final
(written) portion of the heating record concluded (sealed) for
. the purpose of commencing the deliberations period, as agreed.
(The oral portion of the hearing was concluded on November 1,
1990,. subject to receiving the above due to the late hour of the
meeting..)
Vote of the Board: Ayes: Messrs. Dinizio, Doyen,
(Chairman Goehringer abstained. ) (Member Sawicki was
absent. )
Southold Town Board of Appeals -13- November 15 , 1990 Special
Meeting
DELIBERATIONS/DECISION:
ACTION OF THE BOARD OF APPEALS
Appeal No. 3979:
Application of THOMAS J. GORMAN. Variance to the Zoning
Ordinance, Article III, Section 100-33 for approval of two
accessory (storage) buildings in the front yard, as exist. The
lot area of this parcel IS NONCONFORMING IN THIS R-80 Zone
District. Location of Property: 18 Crescent Drive, Mattituck,
NY; County Tax Map Parcel No. 1000-121-4-23.
WHEREAS, a public hearing wasiheld on November 1, 1990, at
which time 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 west side
of Crescent Drive (or Crescent Way) , Mattituck, and is
identified on the Suffolk _County Tax Maps as District 1000,
Section 121, Block 4, Lot 2'3. '
Southold Town Board of Appeals -14- November 15, 1990 Special
Meeting
(Appl. No. 3979 - GORMAN decision, continued: )
2. The subj-ect premises contains a total lot area of
approximately one-half acre and is improved with a two-story
dwelling and three accessory structures as shown on the survey
updated June 5, 1990 prepared by Young & Young, L.S.
3 . The two accessory storage buildings which are the
subject of this appeal application are situated in the front
yard area survey, and consist of a size of less than 120 sq. ft.
each. (see survey for sizes and confi.gurationsj .
4. For the record it is noted that one of the accessory
buildings was the subject of Board of Appeals action rendered
July 1, 1_9`76 under Appeal Application No. 2159 (Thomas Gorman)
for a front. yard location.
5. 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. Due to the nature of the property and the existing
dwelling as located 35. 6 feet from tie line along approximately
highwater mark of Laurel Lake, the relief requested. is not
unreasonable. To place the accessory buildings in this limited
rear yard area would not be a better alternative.
6. In considering this application, the Board finds and
determines:
(ay . that the circumstances of this application are
uniquely related to the land;
(b) that 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 145+- feet from Crescent
Drive and 145+- feet from the highwater mark (tie line) of
Laurel Lake;
(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 -15- November 15, 1990 Special
Meeting
(Appl. No: 3979 - GORMAN decision, continued: )
(f) that in carefully considering the record and all
the above factors, the interests1of justice will be served by
granting the variance, as applied and conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of THOMAS J. GORMAN as applied under- Appeal No. 3967
for the placement of two accessory garageistorage buildings in
the front yard area (as described in 'the above Findings) ,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the accessory buildings not be re-located;
2. That the accessory buildings not exceed one-story
height (12 feet or less) ;
3 . That .the subject accessory buildings =not be used for
habitable, sleeping or business purposes (be used for storage
purposes) ;
4. That there be no electrical or plumbing facilities
placed within the building(s) ; �
' i
5. All other' provisions- of the Code as pertain to
accessory uses and accessory buildings for this Zone District .
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and.
Dinizio. (Members Sawicki and Grigonis were absent. ) This
resolution was 'duly adopted.
Southold Town Board of Appeals -16- November 15 , 1990 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Upon Application of IRENE R. MILLER. Variance to the Zoning
Ordinance, Article IIIA, Section 100-30A.3- and Article IIIA,
Section 100-239.4A for permission to locate proposed dwelling
structure- with a setback of less ' than 100 feet from the top. of
the highest point (top of bluff) on this 42,930 sq. ft. parcel.
The parcel in question is nonconforming as to lot width
(frontage) of less than the required 150 feet in this R-40 Zone
District. Location of Property: Lake View Avenue (127+- feet
southwest of Huntington Boulevard, a private road) , Southold,
NY; County Tax Map Parcel No. ,1000-68-3-10.
WHEREAS, a public hearing was held on November 1, 1990, and
all those who desired to be heard were heard and their testimony
recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
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. This is an application for a Variance under Article
XXIII, Section 10.0-239.4A for permission to place a new dwelling
structure (not to exceed 30 ft. by 60' ft. wide) , including decks
and overhangs, with a setback of approximately five feet from the
highest contour of the property referred to as the "top of bluff"
and as more particularly shown on the survey prepared by Peconic
Surveyors,' P.C. July 24, 1990.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 68, Block 3, ' Lot 10,
has 94.19 ft. width at the proposed building line, and contains a
total lot area of 42,930 sq. ft.
3. For the record it is noted that the property slopes
considerably downward from the top of the bluff to "Lakeview
Avenue" with variations in the contours from 45 feet to 26 feet.
On the beach side and main land sides of the bluff, the property
is heavily vegetated.
Southold Town Board of Appeals -17- November 15, 1990 Special
Meeting
(Appl. No. 3968 - MILLER decision, continued: )
The dwelling structure is proposed 138+- feet from the
N.Y.S. D.E.C. wetlands (75 ft. ) setback line near "Lakeview
Avenue," all of which are located just north of Autumn Lake. Lt
is also noted that construction has been restricted in areas
closer toward Lakeview Avenue for sanitary and building
construction as a result of the closeness of Autumn Lake.
4. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one. hundred (100) feet from the
top of such, bluff. or bank.
S. The dwelling on the adjoining easterly parcel. is set
back approximately five feet fromlits closest point to the "top"
of the bluff, and the dwelling adjoining to the west is set back
approximately 13 feet to the "top" of the bluff. Each dwelling
is set back more than 150 feet from the tie line along mean
highwater of the L.I. Sound.
6. It is the position of this Board that in considering
this application:
i
(a) the relief, as alternatively noted below, is not
substantial. and is the minimum necessary;
(b) the grant of alternative relief will not alter the
essential character of the neighborhood;
(c) the difficulties are uniquely related to the
property and are not personal in nature;
(d) the variance, as alternatively noted below, 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 the above, the interests of justice
will be served by granting relief, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to DENY the relief as requested under Appeal No.
3968; and it was further
RESOLVED, to GRANT alternative relief in the Matter of IRENE
Southold Town Board of Appeals -18- November 15, 1990 Special
Meeting
(Appl. No. 3968 - MILLER decision, continued: )
MILLER for placement of a new dwelling structure SUBJECT TO the
following CONDITIONS:
1. That the entire building construction (including deck
and overhangs) be setback not closer than 13 feet from the top
of the bluff at its closest point;
2. That the dwelling construction comply with all other
setback regulations, including side yards at a minimum of 20 and
15 feet, for total side yards at not less than 35 feet (as per
100-244B of the Zoning Code) ;
3 . That prior to commencing construction activities and
during all phases; hay bales be placed at 10 feet from the top of
the bluff and 40 feet from the proposed house location to the
south (road side) , for a full length of at least 60 feet; (and
there be no disturbance of land outside this construction
area. )
Vote of the Board: Ayes: Messrs. Goehringer, q`?`.nizio`::i and
Doyen. (Member Sawicki and. Member Grigonis were abs'ent. ) This
resolution was duly adopted.
lk
Southold Town Board of Appeals -19=== November 15, 1990 Special
Meeting
CHANGES IN ZONING FEES: The following increase proposal
was submitted to Supervisor Scott L. Harris:
$150. 00 Fences or accessory (shed) building with less
than 200 sq. ft. in floor area;
$150.00 Determinations without a public hearing as to,
whether a parcel is merged (referred to as a. merger
review) .
$300. 00 All other single request applications (includes a
variance, 280-A request, interpretation, special
exception, etc. ) . Also includes commercial
properties.
$500. 00 Applications with more than one request (such as
an area and width variance to "un-marge" parcels,
multiple setbacks, etc..) (Note: Special Exception
and variance requests may not be combined in one
application. )
COUNTY PLANNING UPDATE: The following responses were
received from the Suffolk County Planning Commission and were
accepted and made a part of the files:
Appl. No. 3907 - NICHOLAS ALIANO ( #SD-90-23)
Appl. No. 3915 - JORDAN'S PARTNERS ( #SD-90-26)
Southold Town Board of Appeals -20- November 15, 1990 Special
Meeting
HEARINGS FOR NOVEMBER 29, 1990: On motion by Member Doyen,
seconded by Member Dinizio, it was
RESOLVED, to schedule the following applications for new
and/or continued public hearings to be held by the Southold Town
Board of Appeals at the Southold .Town Hall on THURSDAY, NOVEMBER
29, 1990, commencing at 7: 30 p.m. , and BE IT FURTHER
RESOLVED, that Board Secretary Linda Kowalski is hereby
authorized and directed to advertise notice of same in the
Suffolk Times, Inc. and Long Island Traveler-Watchman, Inc. for
publication on or before November 24, 1990:
7: 30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing
continued from November 1, 1990.
7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE
LINDTVEIT. Variances to the Zoning Ordinance, -Article XXVIII,
Section 100-239.4B and Article XXIV, Section 100-244B for
proposed one-story and second-story additions with two-foot
over-hangs (cantilevers) . Portion of additions will be less
than 75 feet from bulkhead along Corey Creek and will reduce
both side yards to less than the minimum required at 10 and 15
feet. The dwelling as exists has nonconforming side yards, and
the lot area and width are also nonconforming in this R-40 Zone
District. Location of Property: .625 Windy Point Lane (Private
Road 412) , Southold, NY; County Tax Map Parcel 1000-87-4-7.
7: 40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR.
Variance to the Zoning Ordinance, Article III, Section 100-30. 2A
for approval of the location of accessory building located in an
area other than the required rear yard and located within 75
feet of the bulkhead along Goose Creek (a/k/a West Creek) . Lot
is nonconforming as to lot area and width in this R-40 Zone
District. Location of Property: 15 Sun Lane, Southold; also
referred to as Lots 1 & 2 on the Subdivision map of "West Creek
Development" filed July 6, 1937 as County File No. 1236. County
Tax Map Parcel ID No. 1000-76-1-1.
7: 45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the
Zoning Ordinance, Article XXIV, Section 100-244 and Article
XXIII, Section 100-239.4, for permission to construct garage
addition with a setback of less than 100 feet from the top of
I
Southold Town Board of Appeals -21- November 15, 1990 Special
Meeting
(HEARINGS FOR 11/29/90, continued: )
j
the bluff along the Long Island Sound and with side yards at
less than the required 15 f,eet and 20 feet. The dwelling as
exists is nonconforming as to total sideyards, and the lot area
and width are nonconforming in 'this R-40 Zone District.
Location. of Property: 645 ,Glen Court, Cutchogue, NY; Vista
Bluff Map No. 5060, Lot #l;l County Tax Map Parcel ID
No. 1000-83-1-7.
I
7:55 p.m. Appl. No. 31987 - H & S ASSOCIATES by Sanford
Friemann. Variance to the ,!Zoninglordinance, Article X, Section
100-102 (Bulk Schedule) for approval of insufficient frontage
(lot width) {as exists} along thelMain Road of proposed Lot #3
and for approval of insufficient lot depth of proposed Lot #2,
in this pending minor subdivisions, and for approval of access
according to New York TownLaw, Section 280A over a private
right-of-way. Zone Districts: BI-General. Business and
Agricultural-Conservation. i Location of Property: North Side
of Main Road, Cutchogue, NY; County Tax Map Parcel ID No.
1000-102-2-24. Total areaz 19.596 acres.
8: 05 p.m. Appl. No. 3977 - BETTY J. COPI-N. Continued from
November 1, 1990.
8:15 p.m., Appl. No. ;3788 - SUN REFINING & MARKETING.
Variances to the Zoning Ordinance, Article X, Section 100--102:
( 1) for permission to establish convenience store use in
conjunction with and accessory to the existing gasoline station
use on this substandard parcel which contains less than 30,000
sq. ft. in lot area; (2) for interpretation as to height
limitation of accessory (canopy) structure, and (3 ) for .
approval of canopy structure in the front yard location.
Location of .Property: Corner of the Easterly Side of Factory
Avenue and Northerly Side of the Main Road, Mattituck, NY;
County Tax Map. Parcel ID No. 1000-142-1-27.
8: 30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the
Zoning Ordinance, Article XXIII , Section 100-239.4B for approval .
of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is
nonconforming as to lot area in this. R-40 Zone District.
Location of Property: 30 West Lake Drive and 2505 Little
Peconic Bay Lane, Southold; NY; County Tax Map Parcel ID No.
1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90.
i
I
Southold Town Board of Appeals -22- November 15, 1990 Special
Meeting
(HEARINGS FOR 11/29/90, continued: )
8: 35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance
to the Zoning, Ordinance,. Article III , Section 100-30A(1) , as
disapproved, for approval of second dwelling- apartment unit, as
exists. Building as exists contains two dwelling units and
retail store in this Limited Business (LB) Zone District. Lot
is nonconforming as to lot area, width and depth. Location of
Property: Corner of South Side of Main Road and the East Side
of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID
No. 1000-85-3-2.1.
8: 45 P.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO.
Variances to the Zoning Ordinance, Article XXIII, Section
100-239.4 {a/k/a 100-239d(B) ) and Article XXIV, Section 100-244B
for permission to locate addition and reconstruction of dwelling
structure with setbacks: (a) at less than the required 75 feet
from the bulkhead, (b) at less than the required minimum 3-5
ft. rear yard at its closest point, and (c) at less than the
required 10 ft. and 15 ft. minimum side yards, (d) at less
than the total side yards required minimum of 25 feet. Existing
dwelling structure is nonconforming as to the northerly side
yard, the rear yard, and the setback from the bulkhead. Lot
area and width is nonconforming in this R-40 Zone District.
Location of Property: 9 Island View Lane, Greenport, NY;
County Tax Map Parcel ID No. 1000-57-2-20.
8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A.
AURICCHIO. Interpretation requested regarding second kitchen
facilities and its relation to single-family verses two-family
uses, and a variance for addition with an insufficient frontyard
setback. 185 Inlet Lane, Greenport. Continued from November 1,
1990.
9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON.
Interpretation and Variance to the Zoning Ordinance, Article
III, Section 100-30 (as disapproved by the Building Inspector)
for permission to accept delivery of shellfish from local
waters, to shuck the shellfish, and to deliver or ship the
scallops and/or conches for wholesale distribution. . Scallops
and conches to be delivered for off-premises consumption or
sales. Zone District: Agricultural-Conservation (AC) .
Location of Property: 1575 Lower Road, Southold, NY; County
Tax Map Parcel No. 1000-69-5-13 .2. Continued from
November 1, 1990.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and
Dinizio. (Member Grigonis was absent {out-of-state} and Member
Sawicki. ) This resolution was duly adopted.
Southold Town Board of Appeals -23- November 15, 1990 Special
Meeting
ENVIRONMENTAL DECLARATIONS: , Motion was made by
Member Goehringer, seconded by Member Dinizio, to. declare the
following Declarations pursuant to the N.Y.S. Environmental
Quality Review Act (SEQRA) and Chapter 44 of the Code of the
Town of Southold on each of the following, infra:
.I '
1. Appl. No. 3983 - JANET MALONEY. Variance for.
approval of deck - bulkhead setback at 30 West
Lake Drive, Southold. Nonconforming lot area/R-40.
2. Appl. No. 3984 - PUDGE CORP. Variances from
Board conditions for height and truck rental
business accessory to principal use:
3 . Appl. No. 3985 - HERBERT & CATHERINE LINDTVEIT.
Variance for addition and alterations to existing
dwelling within 75 feet of bulkhead. Corey Creek:
Windy Point Lane off S/s Bayview Road, Southold.
Nonconforming lot area/R-40.
4. Appl. No. 3981 - PHYLLIS RAYNE BYER. Use variance
for approval of second dwelling unit in conjunction
with existing business and existing residential
unit. Zone: LB. 55 Skunk Lane and Route 25,
Cutchogue. (Second dwelling unit has existed since
about 1977 to date. )
5. Appl. No. 3986 - BARRY & BEVERLY LEHR. Front and
side yard variances for existing shed. 15 Sun
Lane, Southold.
6. Appl. No. 3987 - S. H. FRIEMANN & OTHERS. Variance
as to insufficient lot width of Lots 2 and 3 in
this pending division. 31095 Main Road, Cutchogue.
7. Appl. No. 3988 - ANTONIO VANGI. Proposed garage
with insufficient sideyards and within 100 ft. of
bluff. 645 Glen Court, Cutchogue.
8. Appl. No. 3973 - JOHN MILAZZO. New dwelling
with insufficient setbacks from: (a) bulkhead,
(b) from rear yard, (c) from northerly side
property line. 9 Island View La. , Greenport.
-24-
:� Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
�Ol TELEPHONE (516) 765-1809
Date: November 15 , 1990
APPEALS BOARD Special Meeting
MEMBERS S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. UNLISTED ACTION
SERGE DOYEN, JR.
JOSEPH H.IN SAWZIO,CKI
JR. Notice of Determination of Non-Significance
DAMES DINIZIO, JR. -
Appeal No. 3981
Project/Applicants: Phyllis Rayne. Byer
County Tax Map No. 1000- 85-3-2 . 1
Location of Project: 55 Skunk Lane & Route 25 , Cutchogue , NY
i
Relief Requested/Jurisdiction before this Board in this Project:
Approval of second dwelling unit in conjunction with existing
business and existing residential unit.
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.
mr
it
-25-
APPEALS BOARD MEMBERS � � �L�.,�: ►�+
kOTT L. HARRIS
4' ° r Supervisor
Gerard P' Goehringer, Chairman '
Charles Gri onis, Jr.
g Town,Hall, 53095 Main Road
Serge Doyen, Jr.
h H. Sawicki i P.O. Box 1179
Joseph 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
November 15 , 1990
Special Meeting
S.E.n.R.A.
TYPE .II ACTION DECLARATION
Appeal No. 3986
Project/Applicants: Barry and Beverly Lehr
County Tax Map No. 1000- 76-1 -1.
Location of Project: 15 Sun Lane , Southold , NY
Relief Re quested/Jurisdiction Before This. Board in this Project:
Front and side yard variances for existing shed
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.
i
An Environmental Assessment : (Phort) 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
f
-26-
I ,, "
APPEALS BOARD MEMBERS ea _ SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr. 1 g � Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 7654809 TOWN OF SOUTHOLD Telephone(516) 765-1800
t
November 15 , 1990I
S.E.O.R.A. Special Meeting
TYPE II ACTION DECLARATION
Appeal No. 3985
Project/Applicants: Herbert and. Catherine Lindtveit ii
County Tax Map No'. 1000- 87-4-7
Location of Project: Windy Point La. off S/s Bayview Rd. , Southold , NY
Addition and alteration to existing dwelling within 75 feet of
bulkhead
Relief Requested/Jurisdiction Before This Board in this Project:
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 jurisdictionl�
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 otherl�
agency' s interest as an involved agency under SEQRA 617.2jj . 1
.
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
-27-
r�
. 4 v
APPEALS BOARD MEMBERS _ "k r SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman �-
Charles Grigonis, Jr.
�,/ t ►. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki
James Dinizio, Jr. BOARD' OF APPEALS Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 7654809 TOWN OF SOUTHOLD Telephone (516) 7654800
November 15 , 1990
S.E.Q.R.A. Special Meeting
TYPE II ACTION DECLARATION
Appeal No. 3983
Project/Applicants: Janet Maloney
County Tax Map No. 1000- 90-1-25
Location of Project: 30 West Lake Drive , Southold , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Approval of deck - bulkhead 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 #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
-28-
APPEALS BOARD MEMBERS .' ' SCOTT L. HARRIS
Gerard P. Goehringer, Chairman �� Supervisor
Charles Grigonis, Jr. �� �j�°.� 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.
November 15 , 1990
- -S.p.e.c.i a'l .Me.et.i ng
TYPE II ACTION DECLARATION_...
Appeal No. 3973
Project/Applicants: John and Rose Milazzo
County Tax Map No. 1000- 57-2-20
Location of Project: 9 Island View Lane , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to locate addition and 'reconstruction of dwelling within
75' of bulkhead , insufficient rear yard , insufficient side yard and -
total side yards
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
-29-
• c�VFFO�,{�, '
a Southold Town Board of Appeals
05
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
Date: November 15 , 1990
APPEALS BOARD Special a1 . Meeting ,...
n
1.
MEMBERS P g
S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. UNLISTED ACTION
SERGE DOYEN, JR.
JOSEPH H.IN SAWZIO,JR. Notice of Determination of Non-Significance
DAMES DINIZIO,JR. -
Appeal No. 3984
Project/Applicants: Pudge Corp .
County Tax Map No. 1000- 63-1_.-10
Location .of Project: 1040 Hortan ' s Lane , Southold , NY
Relief Requested/Jurisdiction before this Board in this Project:
Variances from Board conditions for height and truck rental
business accessory to principal use .
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.
me
-30-
o,%11
APPEALS BOARD MEMBERS SCOTT 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
S.E.Q.,R.A. November 15 , 1990
Special M_eeti..ng
TYPE II ACTION DECLARATION
Appeal No. 3987
Project/Applicants: S & H Associates
County Tax Map No. 1000- 102-2,-24
Location of Project: 31095 Main Rd. , Cutchogue , NY
I
Relief Requested/Jurisdiction Before This Board in this Project:
Variance as to insufficient lot width' of Lots 2 and 3 in this
pending division .
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
` -31-
APPEALS BOARD MEMBERS ® i< v �;, SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. �� `'10
,� �,-`fit 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) 7654823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
November 15 , 1990
S.E.n.R.A. Special Meeting
TYPE II ACTION DECLARATION
Appeal No. 3988
Project/Applicants: Antonio Vangi
County Tax Map No. 1000- 83- 1 -7
Location of Project: 645 Glen Court , Cutchogue , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Proposed garage with insufficient sideyards and within 100 ft.,-of
bluff
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
Vote of the Board :. Ayes : Messrs . Goehringer , Doyen and
. Dinizio . (Members Sawicki and Grigonis were absent. ) This
resolution was duly adopted .
Southold Town Board of Appeals -_`a- November 15, 1990 Special
Meeting
CONFIRMATION OF COMMITTEE AND OTHER MEETINGS:
Thursday, November 15, 1990 7:30 Legislative Code
Wednesday, November 21, 1990 (?)7:30 p.m. Planning/Zoning
Wednesday, November 28, 1990 ( ?) 8:00 a.m. Planning/Zoning
Thursday, November 29, 1990 ZBA Regular Meeting 7:30 p.m.
Thursday, December 13, 1990 ZBA Special Meeting 6: 45 p.m.
APPROVAL OF MINUTES: On motion by Member Dinizio, seconded
by Chairman Goehringer, it was
RESOLVED, to approve the Regular Meeting Minutes of the
Southold Town Board of Appeals held on November 1, 1990.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Member Sawicki and Member Grigonis (out-of-state)
were absent. ) This resolution was duly adopted.
DELIBERATIONS/DECISION: Appl. No. 3976 - THOMAS AND MARION
SANTACROCE. Special Exception to the Zoning Ordinance, Article
III, Section 100-31( 9) (E) for permission to construct
off-premises ground sign to advertise for business purposes.
Location of Property for Sign: Southeast Corner of Shipyard
Lane and the Main Road, East Marion, NY; County Tax' Map Parcel
No. 1000-38-1-1.2.
WHEREAS, a public hearing was held and concluded on Novem-
ber 1, 1990, and all persons 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;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
Southold Town Board of Appeals -3 November 15, 1990 Special
Meeting
(Appl. No. 3976 - SANTACROCE decision, continued: )
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Special Exception as
referred by the written notice from the Building Inspector
for a permit to construct "off-premises ground sign" under
Article III, Section 100-319(E) of the Zoning Code. The sign
is proposed to be 23" by 46" and lwouldread:
. . . Lighthouse Security Inc.
Burglar and Fire Alarms
24-Hr. Central Monitoring
Licensed 727-2728 Insured. . . . "
2. The premises in question consists of . 632 of an acre
and is a corner lot with frontage along two streets: (a)
State Route 25) to the north, and (b) Shipyard Lane to the
west, at East Marion, Town of Southold.
3. The subject premises is located in the R-40 Low-
Density Residential Zone District.
4. On May 5, 1966, and again on March 22, 1979, the Board
of Appeals established guidelines and principles governing signs
not specifically covered in the Zoning Ordinance; and in order
to assist the travelling public and in the interest of traffic
safety, the Board established the following types of activities
for which a reasonable number of off-premises signs, directional
only, may be conditionally granted for a limited time period:
a: Motels, hotels, tourist houses
b. Restaurants and eating places
c. Churches
d. Ferries, transportation
e. Subdivision/development signs
f. Shopping centers or business
g. Amusement areas '
h. Civic activities
i. Federal, State, �County,Town owned signs.
5. It is the position of the Board the sign, as proposed,
for advertising purposes rather than directional does not meet
the requirements established above and as required by law for
Special Exception approval.
i
Southold Town Board of Appeals -34 November 15, 1990 Special
Meeting
I
(Appl. No. 3976 - SANTACROCE decision, continued: )
6. Also in considering this application, the Board: finds
and determines: (a) the use of this sign is not within the best
interests of the general public or residents; (b) this',
proposal could in effect alter the essential character of
the property or neighborhood in this zoning district and1set
a precedent for others; (c) the grant of this special 'excep-
tion as applied will not be in harmony with or promote the
general purposes and intent of zoning.
i
7. The Board has considered subsections (a) through
(p) of Article XXVI, Section 100-264 of the Zoning Code ;in
making this determination.
Accordingly, on motion by Mr. Goehringer, seconded by
Messrs. Doyen and Dinizio, it was
RESOLVED, to DENY a Special Exception as applied in the
Matter of THOMAS AND MARION SANTACROCE under Application
No. 3976.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Member Sawicki and Member Grigonis were absent
(out-of-state) . This resolution was duly adopted.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
� I
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
RECEIVED AND' FILED
Approved - 12/12/90 ED $y
THE SOUTHOLD TOWN CLERK
DATE I �cP/Qa xoUR
o
Town Clerk, Town of Sou ' ld
I -'
�o��FF01Kc�Gy
o
APPEALS BOARD MEMBERS ns+ SCOTT L. HARRIS
•. Supervisor
Gerard P. Goehringer, Chairman 0 ®�
Charles Grigonis, Jr.
�,� Town Hall, 53095 Main Road
Serge Doyen, Jr. � P.O. Box 1179
Joseph H. Sawicki
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
WAIVER. OF NOTICE
OF SPECIAL MEETING
WE, the undersigned, being Members of the Zoning Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose of
the Meeting of the Board df Appeals to be held at the Southold
Town Hall, Main Road, Southold, New York, on THURSDAY,
NOVEMBER 15, 1990 at 6: 45 o'clock p.m. and do hereby consent
that the same be held on said date for the transaction of any
business which may properly come before _aid meeti g-,
DATED: November 7, 1990. _�zz�"�.-�1
Southold, New York-.,-,"" Gerar P. Goehrin eWChajman
Charles Grigo s ber
Serg J. oyen, Jr. , Member
/1, e
Ja,fties Dinizio, J:V. , Member
I