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HomeMy WebLinkAboutZBA-12/13/1990 SPEC �J OFF 0�� z APPEALS BOARD MEMBERS n=+ SCOTT L. HARRIS y • `� Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ��01 �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 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 THURSDAY, DECEMBER 13 , 1990 A Special Meeting was held by the Southold Town Board of Appeals on Thursday, December 13, 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; Serge Doyen, -� Jr. , Charles Grigonis, and James Dinizio, consisting of the entire board (four members) . at this time. Motion was made by Chairman Goehringer, seconded by the entire board, as follows: WHEREAS, JOSEPH H. SAWICKI, a most esteemed member and official of the Town of Southold since his appointment to the SOUTHOLD TOWN BOARD OF APPEALS on September 23, 1980, -is retiring from public service on December 1, 1990; and WHEREAS, in his service to the People of the Town of Southold as a public official, Mr. Sawicki distinguished himself as a very dedicated and conscientious public servant; and WHEREAS, the Board of Appeals of the Town of Southold will be deprived of his professional knowledge and experience, now therefore be it 3,muthold Town Board of Appeals -2- December 13 , 1990 Special Meeting 4 RESOLVED: that the Board of Appeals of the Town of Southold hereby expresses their most sincere appreciation to JOSEPH H. SAWICKI for his unselfish and wholehearted cooperation and untiring efforts on behalf of the TOWN for the past ten (10) years, and hereby further extends their very best wishes for his retirement years ahead; and be it further RESOLVED: that this resolution be presented to Joseph H. Sawicki and, a copy be entered in the permanent records of this Southold Town Board of Appeals Meeting. VOTE OF THE BOARD: AYES: All. UPDATE/DISCUSSION: Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. The Board is awaiting an original survey (requested 11129/90) of the original house location (before removal) which is claimed to have been legally nonconforming as to setbacks before reconstruction under the subject building permit. Also to be returned from Mr. Cardinale are the two sets of building plans which were borrowed by him for duplication on November 1st. . The possibility of re-opening the hearing if the above documents are not received by the advertising deadline for the early January 1991 meeting, and the Board members felt it is necessary and agreed to advertise same for reopening allowing time for submission of the above documents and allowing time for deliberations and review of same (if they were not received on . or before December 28, 1990. ) REVIEW: Appl. No. 3994 received December- 5, 1990 - EAST WIND DEVELOPMENT CORP. The Board reviewed the documentation submitted and noted that the Notice of. Disapproval. did not appear accurate. The Notice of Disapproval stated that the application for a "permit to activate site plan" was disapproved, and the Z.B.A. application indicates a request for an interpretation to "override a denial of a building permit. " This application was temporarily tabled pending discussions with the Town Attorney's Office, and review of the Building Department and Planning Board files since this information was not furnished with the Z.B.A. application for reference and consideration by the board prior to advertising. One of the questions is whether or not the site plan. is active, what the conditions of the site plan approval are, and what exists on the premises as of today. The secretary was authorized to proceed in the Board's behalf to obtain whatever documentation she feels is relevant to this application and consult with the Town Attorney's office. A current survey or. plan showing the existing buildings and their uses was also requested before this matter is scheduled for a public hearing. Southold Town Board of Appeals -3- December 13 , 1990 Special Meeting DELIBERATIONS/DECISION: Appeal No. 39-8'5: Upon Application for HERBERT AND CATHERINE LINDVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239. 4E 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 of this parcel 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 No. 1000-87-4-7. WHEREAS, the public hearing was held on November 29, 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; 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 - 4- December 13 , 1990 Special Meeting (Appl. No. 3985 - LINDVEIT decision, continued: ) 1000, Section 87, Block 04, Lot 004 on the Suffolk County Tax Maps, situate along the southeasterly side of Windy Point Lane, Southold, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total combined lot area of 10,688 sq. ft. with 65. 00 ft. road frontage ( lot width) ; (b) is improved with a single-family dwelling as shown by the applicant's sketch of a survey indicating setbacks as exist from the bulkhead at 33 feet, from the westerly side yard at 4.7 'feet, from the easterly side yard at 14 feet, and total side yards at 18.7 feet, all from their closest points. Also existing on the site is a frame shed and concrete block building for the well, both located in the nonconforming front yard area. The frame shed is situated 3 . 4 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 side yard of15 feet and 20 feet, total sideyards at not less than 35 feet. 4. Article XXIII, Section 100-239. 4B requires a setback of not less than 75 feet from the bulkhead along Corey Creek. 5. The relief sought by this application are variances for approval of: (a) reduction of the westerly side yard for the proposed cantiliver (over-hang) of two feet; (b) proposed open deck construction and reconstruction (including a new second story) to be set back 23+- feet from the bulkhead at its closest point; (c) total side yards at 13 .7 feet (without over-hang) and at 9.5 feet with cantilevered over-hang. 6. For the record, it is noted that the premises abutting this parcel on the west side received side and rear yard variances on September 21, 1989 under Appl. No. 3865 (Burst) . Southold Town Board of Appeals - 5 - December 13, 1990 Special Meeting (Appl. No. 3985 - LINDVEIT decision, continued: ) 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 has been since prior to 1964 and presently is improved with a dwelling; (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) the difficulties are due to the uniqueness of the land and are not personal to the property owners; (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. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #5, supra) , in the Matter of the Application of HERBERT AND CATHERINE LINDVEIT under Appl. No. 3985, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck construction proposed at the easterly side be not closer than eight (8 ' ) feet to the property line (may be clipped to conform with the 8 ft. setback) ; 2. That the deck remain open and not fully enclosed; 3 . That the setbacks be not closer than 4.5 at the westerly side and not closer than 8.0 feet at the easterly side (with the exception of the two-foot over-hangs) , as applied {more particularly shown on the September 18, 1990 survey prepared by Peconic Surveyors, P.C. } . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of all four members at this time. This resolution was duly adopted. Southold.. Town. Board. .of App.e.a.l s -.6-. _ December 13 , 1990 Special j - - _ Me:e t..i n g. . DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3986: Application of BARRY & 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 No. 1000-76-1-1. WHEREAS, .a public hearing was held on November 29, 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 north side of Sun Lane at Bayview, Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 76, Block 1, Lot 1. Southold Town Board of Appeals -7--- December 13 , 1990 Special. Meeting (Appl. No. 3.986 - LEHR decision, continued: ) 2. The subj-ect premises contains a total lot area of 6,733 square feet (to tie line along Goose Creek) and is improved with an one-story dwelling and the subject frame shed structure as shown on the survey updated August 23, 1990 prepared by Peconic Surveyors. 3 . The accessory storage building which is the subject of this appeal application is situated partly in the front yard area and side yard area and is approximately 18-1/2 feet by 8-1/2 feet, at a height of not more than nine feet. 4. For the record it is noted that the subject accessory building has been existing since about 1962. The zoning provision for accessory buildings in the "A" Residential and. Agricultural District during this time period, under Section 300, subsection 7, was permitted by town policy to "not require a building permit, provided that all use, height and yard requirements had been complied with." The yard requirement was "not less than fifty (50) feet from the front lot line: 'r A letter from the previous building inspector was furnished for the record indicating that at the time he had considered the accessory building, he did not require a building permit under Section 703 of the earlier zoning code. 5. Article III, Section 100-33 (referred from Article III-A, Section 100-30A.4 from the R-40 District provisions) 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 size and character of. the property and the location of the dwelling as exists, the location chosen for the frame shed is not unreasonable. There is no alternative location to place the accessory building without a variance in any of the open yard areas due to the nonconformities of the premises and dwelling structure. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; Southold Town Board of Appeals -8- December 13, 1990 Special. Meeting (Appl. No. 3-986 - LEHR decision., continued: ) (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; (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 limited yard areas seaward (and usually the technical rear yard) of the dwelling; (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. Grigonis , it was RESOLVED, to GRANT a Variance in the Matter of the Application of BARRY AND BEVERLY LEHR as applied under Appeal No. 3986 for the placement of a frame shed structure in the westerly yard area as more particularly shown on the August 23, 1990 survey, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building not exceed one-story height (10, feet or less) ; 2. That the subject accessory building not be converted or increased in size for use for habitable, sleeping or business purposes (to be used for storage purposes incidential. to the residence only); 3 . That there be no plumbing facilities placed within the building. 4. 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, Grigonis and Dinizio, consisting of the entire board. This resolution was duly adopted . Southold Town Board of Appeals -9- Recember 13 , 1990 Special Meeting Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon�Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk . Schedule) for approval of insufficient frontage ( lot width) (as excists} ' along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General Business and Agricultural Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 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 portion of the subject premises which is under jurisdiction in this variance application consists of approximately 82,880 sq. ft. and is located in the "B" General. Business Zone District. The remaining 17.6+7 acres is located in the "A-C" Agricultural-Conservation Zone District. Southold Town_ Board of Appeals -10- December 13, 1990 Special Meeting (Appl. No. 3987 - S.H. FRIEMANN decision, continued: ) The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot #11 is 683 .44 feet {inclusive of easements} . 2. The subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated November 1, 1990. 3 . Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. 4. The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot #3. with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way (or 117+- feet exclusive) ; (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft. , inclusive of right- of-way or easements; (c) access to Lot #2 and Lot #1, over a 22 ft. wide right-of-way, half of which is shown to be located upon premises of the applicant and the other. half upon premises of S & E Realty Co. {parcel to the east referred to as 1000-097-5-012) . 5. For the record, it is noted that the condition of the right-of-way is excellent without the necessity for further improvements at this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for . sufficient maneuvering and access by emergency (fire) vehicles. 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 Southold Town Board of Appeals -11- December 13, 1990 Special Meeting (Appl. No. 3987 - S.H. FRIEMANN 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 the shape and character of this land has existed since "before the enactment of zoning in 1957; (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 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. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in the Matter of the Application of H & S ASSOCIATES (S.H. ' FRIEMAN & OTHERS) under Appl. No.. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) . Vote of the Board:_ Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. Southold Town Board of Appeals -12- December 13 , 1990 Special Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3977: Application of BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to 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. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Greenport NY; County Tax Map Parcel No. 1000-52-5-54. WHEREAS, a public hearing was held on November 1,. 1990, continued on November 29,, 1990, at which time all those who desired to be heard were heard, both in favor and against this application, and their testimony recorded and made a part of the record; 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 along the westerly side of Albertson Lane at Arshamomaque, Greenport, Town of Southold, and is improved with a single-family dwelling structure situated approximately 88 feet from..the front property line (along Albertson Lane) . 2. The subject premises contains a total lot area of 40,000 square feet with- 150 ft. lot width (road frontage) . Southold Town Board of Appeals -13- December. 13, 1990 Special Meeting (Appl. No. 3977 - COPIN decision, continued: ). 3 . The accessory storage building which is the subject of this appeal application is proposed to be located 10 feet from the westerly property line and a minimum of 75 feet from the freshwater pond, as more particularly shown by the sketch submitted with this application. The dimensions proposed are 24 feet by 32 feet. 4. It is noted that the application. for a building permit dated August 29, 1990 for a setback at 10 feet from the westerly property line was denied by the building inspector (9121/90) under Section 100-33B of the Zoning Code. The amendment to the zoning provision. for accessory buildings in the "R-80" Residential and Agricultural District was filed with the N.Y.S. Department of State on July 23, 1990. Immediately prior- to the amendment, accessory buildings were permitted to be located in the rear yard with setbacks at not less than three feet from any property line. 5. Article. III, Section 100-33 (referred from Article III-A, Section 100-30A. 4 from the, R-40 District provisions) 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. This provision also requires accessory buildings to be set back not less than 20 feet from any lot line for lots containing from 40,000 to 79,999 sq. ft. in area. 6. It is the position of the board that the location requested is not unreasonable in light of the extensive screening (of cedar trees) and the 25-year old red. cedar tree just west of the rear of the dwelling. Also the placement of the building iS generally the rear yard area of not only this parcel but also of the neighboring parcel to the west (which is presently vacant) . To place the accessory building any closer to the west or to the north would require a variance under Section 100-239.4 of the code (wetland setback provision). There is no alternative location to place the accessory building in any other yard area without a variance. 7. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land- and are not personal to the landowner; - (b) that there is no other method feasible for appellants to' pursue other than a variance; Southold Town Board of Appeals -14- December 13, 1990 Special Meeting (Appl. No. 3977 - COPIN decision, continued: ) (c) that the area chosen. for the accessory structure is not unreasonably located; (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; (f) that in carefully considering the record and all the above factors, the interests of j-ustice will be served- by granting the variance, as applied and conditionally noted below.. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the Matter of the .Application of BETTY J. COPIN as applied under Appeal No. 3977 for the placement of an accessory building_ in the rear yard area and partly in the westerly side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building not exceed the -height restrictions permitted by code; 2. That the subject accessory building not be converted or increased in size and not be used for habitable, sleeping or business purposes (to be used incidentially to the principal residence only) ; 3 . That there be no plumbing facilities placed within the building(s) ; 4. That it is suggested that the main garage doors not face the south or west (may face the east or north) . 5. That the upper area be used only for "dead storage. " 6. Existing driveway be used as the entrance to the building. 7. That the guard rail not be removed or altered. 8. That the screening (tall cedar trees) along the southerly property line be maintained in good condition and remain in. perpetuity; and if their removal is ever required. in the future, that they be replaced in. same kind and place. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio, consisting of the entire board. This resolution was duly adopted . Southold Town Board. .of App,.eal.s .1,5-. December 13 , 1990 Special Meeting ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a 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; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on November 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No: 3983 ; and WHEREAS, at said hearing 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 F Section 100-239.4B for approval of a 3116" by 1418" wide deck addition, with 4' by 5' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,8.0:0 sq. ft. 3 . The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 feet) . The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings and structures located on lots Southold Town Board of Appeals -16- December i3, 1990 Special Meeting (Appl. No. 3983 - MALONEY decision, continued: ) upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; (b) the relief if granted as requested 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 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 the relief requested, as conditionally noted below.. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 1418" by 31.16" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring areas (lighting must be shielded to the property)-; Z. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,- Doyen and Dinizio, consisting of the entire four-member board at this time. This resolution was duly adopted. Southold Town Board of Appeals -17 December 13, 1990 Special Meeting CHAIRMANSHIP FOR 1991. Motion was made by Member Grigonis, seconded by Member Doyen, and duly carried, to recommend the reappointment of Gerard P. Goehringer as Chairman for. 1991. (Mr. Goehringer abstained from discussions and vote. ) APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and unanimously carried, to approve the Board of Appeals Minutes for the following Meetings: November 15, 1990 Pp. 1-34 Special Meeting November 29, 1990 Regular Meeting. CONCLUSION OF FINAL (WRITTEN) PORTION OF RECORD: App1 No. 3973 - JOHN AND ROSE MILAZZO. The Board Members acknowledged receipt and reviewed the documentation submitted recently by Salvatore .Caradonna's Office and the Soil & Water Conservation District of Suffolk County. Motion was then made by Member Goehringer, seconded by Member Dinizio, and unanimously carried, to conclude .-the written (final.) portion of the record pertaining to this hearing, and to commence deliberations. Board Members indicated that another on-site inspection is scheduled for Saturday, December 15, 1990. The Chairman also indicated that he would like to discuss the plan with the Trustees President in the near future. FUEL STORAGE TANKS (STATE MANDATED CONTAINMENTS) . The board members discussed the recent state mandates concerning fuel tanks, and the Planning Board' s memorandum received today concerning Goldsmith and Tuthill' s site (1000-60-1-6) and Bergen Oil. Company (1000-122-6-12) . It was agreed that the Z.B.A. will not require variances or special exceptions :'to contain these tanks," provided: 1. The containments not exceed three feet around the existing tanks or the concrete base, whichever is larger, and 2. The landowner obtain a building permit, after filing an application and sufficient plans to show the existing tanks and the new containments, and Southold Town Board of. Appeals -18- December 13, 1990 Special Meeting 3. The containments shall not protrude over property lines. All board members were in agreement, and the Chairman was authorized to send a. letter to the Building Department and the Planning Board confirming the above. ENVIRONMENTAL DECLARATIONS: The Board declared the following Environmental Declarations pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold: Type II - Area. or Setback Variances: 1. Appl. No. 3995 - GREGORY FEGOS 2. Appl. No. 3989 - ROBERT & NORMA SIEBER 3. Appl. No. 3993 - KENNETH EDWARDS 4. Appl. No. 3997 - MITCHELL MARKS 5. Appl. No. 3991 - GRACE & JOHN FIORE 6. Appl. No. 3992 - PAMELA ANN CONLON 7. Appl. No. 3996 - STANLEY WERNICK Unlisted Actions 8. Appl. No. 3999 - FRANK SAWICKI 9. Appl. No. 3990 - MICHAEL CHOLOWSKY { (Continued on the next nine pages) -19- L fin.,_ �i+.�,•1'.�� ,L �� _ v+ SCOTT L. HARRIS APPEALS BOARD MEMBERS 'Supervisor Gerard P. Goehi•inger, Chairman Charles Grigonis, Jr. �1 �``� i Town Hall„'S3095 Main Road Serge Doyen, Jr. F_D. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax i(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Dec. 13 , 1990 S.E.O.R.A. Special Meeting TYPE II ACTION DECLARATION Appeal No. 3995 Project/Applicants: Gregory Fegos County Tax Map No. 1000- 99-5-17 Location of Project: S/s Naugles Drive , Mattituck , NY Relief Requested/Jurisdiction Before This' Board in this Project: Variance for new deck addition with an insufficient setback from rear 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 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 IfUL 1'� f ^-C 3. tME 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 Dec . 13 , 1990 Special Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3989 Project/Applicants: Robert-and Norma Sieber County Tax Map No. 1000- 7 6-2-2 0 Location of Project: 4945 Main Bayview & Smith Dr. N , Southold , NY Relief Requested/Jurisdiction Before This. Board in this Project: Variance for raised patio/open deck addition with an insufficient setback from" the 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 beenisubmitted _ 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 APPEALS BOARD MEMBERS ` rn SCOT T L. HARRIS <. F 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 Dec. 13 , 1990 - - Special Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3993 Project/Applicants: Kenneth Edwards County Tax Map No. 1000- 10-9-2 Location of Project: The. Gloaming , Fishers Island , NY Relief Requested/Jurisdiction Before This. Board in this Project: Variance to locate : accessory garage in area other than` hti re- quired rear yard 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 -22- APPEALS BOARD MEMBERS !fray ��:,r r�"r, 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) 7654809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Dec . 13 , 1990 Special Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3997 Project/Applicants: Mitchell Marks , County Tax Map No. 1000- 14-2-1 . 6 Location of Project: 29829 Main Rd. , Orient , NY Relief Requested/Jurisdiction Before This. Board in this Project: Variance for approval of swimming pool , decks and fence construc- tion with a setback at less than the required 100 ' from bluff along L . I . Sound 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 r T Lif , m APPEALS BOARD MEMBERS SCOTT L. HARRIS s �w Supervisor Gerard P. Goehringer, Chairmanv 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) 7654809 TOWN OF SOUTHOLD _ Telephone (516) 765-1800 Dec. :13 , 1990 Special Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3991 Project/Applicants: Grace and ' John Fiore County Tax Map No. 1000- 91 -1 -5 Location of Project: 150 Sunset Way , Southold , .NY Relief Requested/Jurisdiction Before This. Board in this Project: Deck and patio enclosure with reduced . setbacks from bulkhead and southerly (side) 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 beenisubmitted _ 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 617.233 . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me -24- APPEALS BOARD MEMBERS 5- " `a: r7l 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 Dec . 13 , 1990 Telephone (516) 76571800 Special Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3992 Project/Applicants: Pamela Conlon County Tax Map No. 1000- 127-8-9 Location of Project: 1765 Peconic Bay Blvd , Laurel , NY Relief Requested/Jurisdiction Before This Board in this Project: Locate proposed new dwelling with insufficient setbacks from rear , front and side property lines 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 -25- `i' 77 i= nm SCOTT L. HARRIS APPEALS BOARD MEMBERS i; ffi -'. •<>=t Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road 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 _ Dec. . 1 3 , 1990 Telephone (516) 765-1800 Special Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3996 Project/Applicants: Stanley Wer.nick County Tax Map No. 1000- 72-1- 1 . 6 Location of Project: ROW off Oregon Rd. , Cutchogue , NY Relief Requested/Jurisdiction Before This. Board in this Project: Addition to existing dwelling within 100 ' of bluff along L . I . - Sound 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 ofjurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2j'j , 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. MC -26- °- Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Date: Dec . '13 ,. '1990 APPEALS BOARD , MEMBERS Special Meeting GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. UNLISTED ACTION SERGE DOYEN, JR. JAMES DINIZIO,JR. Notice of Determination of Non-Significance Appeal No. 3990 . Project/Applicants: Cholowsky/Casola County Tax Map No. 1000- 55-1-9 Location of Project: 3340 Horton ' s Lane , Southold , NY Relief Requested/Jurisdiction before this Board in this Project: Establishment of a golf course facility 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: = { >c} 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; { a-} 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 Ao�o5�FF0 �oG -27- s : Southold Town Board of Appeals ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Date: December 19 r990 APPEALS BOARD / MEMBERS S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. UNLISTED ACTION SERGE DOYEN, JR. JAMES DINIZIO,JR. Notice of Determination of Non-Significance Appeal No. 3999 Project/Applicants: FRAi�K SAWICKI County Tax Map No. 1000- 51-3-5 Location of Project: NIS C.R. 48, Southold Relief Requested/Jurisdiction before this Board in this Project: Use barns for nonagricultural storage. 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: - { X } 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; { X } the project is proposed landward of existing structures; ( X) there will be no substantial change to the land or use. { } 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. t; Z- Southold Town Board of Appeals -28 December 13, 1990 Special Meeting (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Appl. No. 3542 - CLIFFSIDE/TIDEMARK. 1000-45-1-1. N/s North Road (C.R. 48) , Southold, NY. The Board discussed the recent letter of the Building Inspector concerning a proposal of the owner to install kitchenettes in each of the units. "The Board concurred with the position of the Building Inspector in that kitchenettes were not approved under the Special Exception for 76 motel. .units with one manager's unit rendered November 2, 1989 and the plans showing kitchenettes must be denied by the building inspector under the present circumstances of this project. INSPECTIONS AND HEARINGS FOR NEXT REGULAR MEETING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that the following matters hereby are scheduled for public hearings to be held on FRIDAY, JANUARY 11, 1991 at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New Yorki commencing at 7:.00 o'clock p.m. , and be it further RESOLVED, that Linda Kowalski, Board Secretary, is hereby authorized and directed to advertise notice of the following hearings in the Suffolk Times and• Long Island-Traveler-Watchman', Inc. on or before January 3, 1991: 1. Appl. No. 3995 - Gregory Fegos 2. Appl. No. 3989 - Robert J. and Norma E. Sieber 3. Appl. No. 3991 - Grace and John Fiore 4. Appl., No. 3988 - Antonio Vangi (await confirmation from applicant/agent before advertising) 5. Appl. No. 3993 - Kenneth L. Edwards 6. Appl. No. 3984 - Pudge Corp. 7. Appl. No. 3997 - Mitchell Marks 8. Appl. No. 3990 - Cholowsky/Casola 9. Appl. No. 3981 - Phyllis Rayne Byer (await confirmation from applicant/attorney before advertising) 10. Appl. No. 3975 - Arthur G. Carlson (await confirmation from applicant/attorney before advertising) (continued on next page) Southold Town Board of Appeals -29- December 13, 1990 Special Meeting (HEARINGS for next meeting, continued: ) 11. Appl. No. 3992 - Pamela Ann Conlon 12. Appl. No. 3996 - Stanley Wernick 13 . Appl. No. 3998 - Henry and Mary Raynor 14. Appl. No. 3999 - Frank Sawicki Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. 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, inda Kowalski, Secretary Southold Town Board of Appeals Z"Appraved Jwfivar 11 ;1'991 RECEIVED AND FILED BY ,- THE SOI UTHOLD TOWN CLERK DATE I J�� HOUR ) Town Clerk, Town of Sout eo1P d