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HomeMy WebLinkAboutZBA-10/05/1994 o��S�FFOL�cOG APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman ca ,= 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa �Olic �`a Fax (516) 765-1823 Richard C..Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES_ _ R EGULAR MEETING WEDNESDAY, OCTOBER 5, 1994 7:00 p.m. Work Session (No formal action taken) 7:30 p.m. The Chairman called the Regular Meeting to Order A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, OCTOBER 5, 1994 commencing at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. r.; Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski. I. The following matters were held for PUBLIC HEARINGS - also see verbatim transcript for each hearing which has been prepared under separate cover and filed simultaneously with this set of Minutes: 7:33 p.m. Appl. No. 4255 - ROB ERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. No one appeared, and as agreed, information was submitted in response to requests made at the previous hearing rather than another appearance by the attorney or surveyor. The Board took the following action: (continued on next page) r i Page 2 - Minutes Regular Meeting of October 5, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4255. Application of ROBERTS. SEARLE. This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. WHEREAS, after due notice, a public hearing was held on August 11., 1994 and a continuation of hearing, again after due notice, held October 5, 1994, at which hearings all who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the .Board members have personally viewed and are familiar with the premises in question, its present zoning, and. the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant is proposing to locate a new single-family dwelling at premises, now vacant, identified as County Tax Map District 1000, Section 7, Block 2, Lot 8, located along the southeast side of private road (approximately 200 feet from West Harbor at Fishers Island, Town of Southold, New York. The applicant is the owner of the property as shown by conveyance from FIDCO made on October 7, 1984 at Liber 9805 cp 273. 2. The basis of this appeal is Article III, Section 100-32 (Bulk Schedule pertaining to setbacks of a principal building) referred to in the July 12, 1994 Notice of Disapproval issued by the Page 3 Appl. No. 4255 Matter of ROBERT SEARLE Decision Rendered October 5, 1994 Building Inspector for this property located in the R-120 Residential Zone District. 3. The subject premises consists of a total lot area of 3.16 acres (as described including wetland areas) and with a street frontage along Private Road to the north 146.28 feet, and along Private Road to the east (southeast) of 587.38 feet. This property is presently vacant and has variable elevations ranging in an east-west direction from 34 feet above mean sea level at the road to zero elevation at the wetlands area. The wetlands area appears to be fed from Barlow Pond, which is along the southerly Private Road. 4. The applicants have submitted a site plan map last dated December 21, 1993 prepared by Chandler, Palmer & King for the applicant. The new dwelling to be constructed is shown proposed with the following setbacks: (a) Setback at 41 feet from the easterly front property line (the minimum requirement is under the Bulk Schedule in the R120 Zone requires 60 feet); (b) Setback at not less than 45 feet from the westerly edge of wetlands flagged by the NYS DEC 11/25/88; (c) Setbacks at both side yards exceed the code requirements. 5. The conforming size of this property at 3.14 acres provides the basis of setback requirements of the Code under the R-120 column of the Bulk Schedule. The 41 ft. setback for which this variance is requested is that along the south-southeast front property line. The setbacks from wetlands is regulated by the Town Trustees under the Wetlands Ordinance, and the N.Y.S. Department of Environmental Conservation. Additionally, the new dwelling location is sensibly centered within the upland area, which is very limited due to elevations, the required maintenance of the erosion control line at about the 24 ft. elevation, large oak trees, and wetlands. 6. In considering this application, the Board also finds and determines: a) the benefit to the applicant, as weighed against the detriment to the health, safety, and welfare of the community, is greater, and the benefit afforded is not unreasonable in light of the unique characteristics and land contours; .b) the benefit sought by the applicants cannot be reasonably achieved by another method without substantial regrading; Page 4 - Minutes Decision for ROBERT SEARLE Regular Meeting of October 5, 1994 c) the relief requested for a front yard reduction from 60 feet to 41 feet is not unreasonable and will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the surrounding district, provided all the conditions are met pertaining to the Town Trustees wetlands permit and N.Y.S. Department of Environmental Conservation permit; d) the difficulties created are related to the uniqueness of the land, its location, its topography, shape and characteristics, and are not personal to the landowner; e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community, and will not alter the essential character of the district; f) the setback at 41 feet from the proposed southeast front property line is substantial in relation to the 60 ft. requirement, for the reason that it meets only 69 percent of the setback requirement; g) in view of all the above, the interests of justice will be served by granting the relief, subject to compliance with all other agency conditions and permits. Accordingly, on motion by Member Doyen, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested for a reduction from 60 feet to not less than 41 feet in the front yard setback. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton, and Goehringer. This resolution was duly adopted. T � Page 5 - Minutes Regular Meeting - October 5, 1994 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 7:35 p.m. Appl. No. 4268 -EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) {ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft. height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold; County Tax Map Parcel No. 1000-66-1-31. Mr. Halpert appeared at the hearing and submitted letters from neighbors in favor of his application. Following testimony, the hearing was concluded (closed, pending deliberations). (See denial at 12 ft., but alternative approval at 14 ft. noted later in Minutes.) 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along canal of Gull Pond Inlet), Greenport; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. (Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.) Mr. Raymes appeared in behalf of his application. (No opposition was submitted.) Following testimony, the Board took the following action: (continued on next page) Page 6 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4269: Application of FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along canal of Gull Pond Inlet), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. (Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.) WHEREAS, after due notice, a public hearing was held on October 5, 1994, and at said hearing 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. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit for a detached accessory storage building, as built, and located in the northerly front yard area. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total area of 14,316 sq. ft. (to 1965 tie line along edge of canal). 3. The applicant's survey map of July 6, 1994, prepared by Roderick VanTuyl, P.C. shows an existing 1-1/2 story, single-family dwelling set back 22+- feet from the easterly front property line along the private right-of-way, and set back 40 feet from an existing bulkhead structure at high water to the west. The subject premises is a waterfront parcel having frontage along Fordham Canal, and the yard areas where accessory buildings are normally required to be is Page 7 - Minutes Decision for FREDERICK RAYMES Regular Meeting - October 5, 1994 very limited and unpractical due to the nature of the low elevations and land subject to flooding, and the closeness of the right-of-way. 4. Proposed by this application is the approval of an 8 ft. by 10 ft. accessory storage shed situated five feet from the northerly property line. The use of the building will be strictly for storage purposes incidental and accessory to the applicants-owners residence. 5. The limitations under this appeal are that the building may not be enlarged by more than 50%, or in the future converted for gainful purposes (such as living area, rental- for non-owner storage, etc.), and may never be used as a separate use. 6. The proposed building will be in conformance with the height requirements {less than one-story and at a total height of less than ten feet). 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related' to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically has limited yard areas where the shed would normally be located; (b) the relief is not substantial in relation to the requirements and will be at a distance more landward of the bulkhead than the existing dwelling, while also being more distant from the front road line and five feet from the northerly property line at its closest point; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for storage purposes incidental to the existing residence; (e) the relief requested is not unreasonable due to the uniqueness of the property and the character of the surrounding waterfront community; (f) 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; Accordingly, on motion by Chairman Goehringer, seconded by Members Wilton and Dinizio, it was Page : g- Appeal No. '4269 Application of FREDERICK RAYMES Decision Rendered October 5, 1994 RESOLVED, to GRANT the location requested for an 8 ft. by 10 ft. accessory storage building with a setback at five feet from the northerly property line as applied and SUBJECT TO THE FOLLOWING CONDITION: There shall be no utilities, other than lighting (which, if placed, shall not glare onto neighboring areas). Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton, Doyen, and Goehringer. This resolution was duly adopted. Page 9- Minutes Regular Meeting - October 5, 1994 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 7:50 p.m. Appl. No. 4270 - EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 28,710+- sq. ft. and contains the following nonconformities: more than one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay Boulevard, Laurel; Tax Map Parcel 1000-145-2-7; also shown on the Map of Dudley Park filed Septem- ber 17, 1928 as Lot 3. Gary Olsen, Esq. and the owners appeared. (No opposition was submitted.) Following testimony, the Board took the following action: (Continued on next page) Page 10 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD Appl. No. 4270: Application of EILEEN FARRELL - Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations, or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 28,710+- sq. ft. and contains the following nonconformities: more than one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay Boulevard, Laurel; Tax Map Parcel 1000-145-2-7; also shown on the Map of Dudley Park filed September 17; 1928 as Lot 3. WHEREAS, a public hearing was held on October 5, 1994 at which time all who desired to be heard were heard and their testimony recorded (and no opposition was submitted); 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is proposing to add a 19.6' by 24' wide addition at the northerly end of the existing dwelling, and to add a proposed deck at the southerly end of the existing (northerly) dwelling, all as more particularly shown on Drawings A dated 8-3-94 prepared by Suter and Suter, Architects, and shown on the survey prepared by Young & Young last dated March 30, 1985 with sketched-in additions. Page 11 - Appeal No. 4270 Decision - EILEEN FARRELL Regular Meeting of October 5, 1994 2. The premises in question is nonconforming as to lot area of 26,354 sq. ft. in an R-40 Low-Density Residential Zone Districts. Also nonconforming is the fact that there are two dwellings, constructed prior to zoning in 1957 since the zoning code requires 40,000 sq. ft. of land area per dwelling unit. 3. The dwelling which is the subject of this variance is the northerly building which contains a total first floor area of 1,027 sq. ft. , second floor area of 360 sq. ft. , for a total existing floor area of 1,387 sq. ft. Proposed by this application is an increase of the first floor by 456 sq. ft. and second floor by 270 sq. ft., for a total building area of 2,113 sq. ft. for both floors. The amount, of relief requested is for a total increase of 726 sq. ft. (over the existing 1,397 sq. ft.). The remaining second dwelling structure, which is also single-family, is located approximately 69 feet to the approximate highwater mark along Peconic Bay. 4. The setbacks for new areas of building construction are noted for the record as follows: (a) northerly front yard at 40 to 41 feet, at its closest point; (b) easterly side yard, remaining at 6.5 feet at its closest point; (c) westerly side yard, remaining at 20 feet, at its closest point. 5. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. The subject premises is nonconforming as to total lot size with two dwelling units, containing a total lot area of 28,710+- sq. ft., and contains a nonconforming easterly side yard. 6. It is the opinion of the Board Members that sufficient practical difficulties have been demonstrated by the appellants to warrant approval, and the board finds and determines: (a) the relief, as requested, is not unreasonable and is the minimal necessary to afford relief, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare .of the community, without producing a undesirable change to nearby properties; (b) the difficulties imposed are uniquely related to the property and are not personal in nature; Page 12 - Minutes Matter of EILEEN FARRELL Decision Rendered October 5, 1994 (c) the grant of the variance will not be detrimental to the safety, health, welfare, comfort, convenience, or order of the town and neighboring properties; (d) the benefit sought cannot be achieved by a method other than a variance; (e) the benefit granted to the applicant is a total square footage of 726 sq. ft.. without an increase in density since the dwelling will remain as .a single-family use; (f) the variance as granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since the expansion is landward of existing building areas as well as being constructed at the second level of the building; (g) the difficulties claimed are not self-created since the dwelling preexists the zoning regulations; (h) in view of all the above, the interests of justice will be served by granting the relief, as further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT relief for an additional 726 sq. ft. of living area, plus open rear deck addition, in the Matter of the Application of EILEEN and JOSEPH FARRELL, as applied and noted in the above findings. Vote of the 'Board: Ayes: Messrs. Doyen, Goehringer,. Dinizio, Villa and Wilton. This resolution was duly adopted. Page' 13- Minutes Regular Meeting - October 5, 1994 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 8:05 p.m. Appl. No. 4271 -JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swimmingpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold; . Tax Map Parcel No. 1000-55-6-22. Mr. and Mrs. Walters appeared in behalf of their application. (No opposition was submitted.) Following testimony, the Board took the following action: (Continued on next page) Page 14 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4271. Application of JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swimmingpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. WHEREAS, after due notice, a public hearing was held on October . 5, 1994, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding' areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the September 13, 1994 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the construction, as exists, of the inground pool with deck which is located partly in the side yard area and partly in the rear yard. The pool is not the subject of a variance, and the grounds for the disapproval issued by the Building Inspector read as follows: . . .Side yard setback of 5' required for the accessory deck attached to the pool. Article III, 100-33 B (2). Action required by the Zoning Board of Appeals. . . 2. The premises in question is located in the R-40 Low-Density Residential Zone District and is a described parcel containing a total area of approximately 24,000 square feet with 132.0 ft. frontage along the easterly side of Boisseau Avenue. The map Page 15- Appeal No. 4271 Decision of Louis and Jean Walters Regular Meeting of October 5, 1994 submitted with this application shows this parcel is presently improved by an one-story, single-family dwelling built prior to 1965. The setbacks of the dwelling re shown to be 32 ft. front the northerly (front) property line along a "private road," 52 feet from the front property line along Boisseau Avenue, 17 feet from the southerly (side) property line, and 93+- feet from the easterly (rear) property line. The subject accessory deck was constructed without Town authorization by the contractor under the prior building permit for the swimmingpool in about 1973-1974. 3. The subject accessory deck, attached to the existing swimmingpool, is shown with, a little, or no setback from the southerly property line. However, the property to the south is a drainage sump owned and operated by the Town of Southold, which has given verbal permission (via Ray Jacobs, Superintendent of Highways) for the continued maintenance of the deck at the setback constructed. The pool and deck is located in the rear yard (rather than the side yard as noted by the Building Inspector). The rear yard on a corner lot is established to be that yard area where there are existing accessory buildings and where the principal setback of the house meets the (rear yard) requirement. The rear yard is that area to the east _of the dwelling where an accessory shed is located, as well as the subject pool. The side yard is shown to be that area between the south of the dwelling and the southerly property line. 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; (b) the difficulties, although self-created, is not unreasonable in light of the nature and use of the adjoining lands; (c) the deck has existed for many years, and is not adverse to the best interests of the Town at large; (d) the variance requested does not involve any increase of dwelling unit density; (e) the relief requested will not cause a substantial effect on available governmental facilities since this the deck, close to ground level as constructed, is a minor project and is the minimum necessary to afford relief to the property owners; (f) 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, and the relief granted will Page 16 - Appeal No. 4271 Decision of Louis and Jean Walters Regular Meeting of October 5, 1994 be within the best interests of the public while at the same time providing a benefit to the applicant. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to GRANT a Variance for the location of that portion of the accessory deck, attached to the _accessory pool, in the side yard with a zero setback at the property line adjacent to the Town's drainage sump, SUBJECT TO THE FOLLOWING CONDITION: That the subject deck remain unroofed (and open). Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Wilton. This resolution was duly adopted. Page 17 - Minutes Regular Meeting - October 5, 1994 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 8:12 p.m. Appl. No. 4273 -RUSS L'HOMMEDIEU '(as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. ' and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 45125 Main Road, Southold; County Tax Map Parcel No. 1000-75-2-3.1. Russ L'Hommedieu and the owner, Daniel Jerome, both appeared. (No opposition was submitted during the hearing.) The hearing was concluded after receiving all testimony, pending deliberations and a determination later in the meeting. (See conditional action noted in this set of Minutes.) 8:20 p.m. Appl. No. 4272 -THOMAS FABB. Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50 0 of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformities: more than one single-family dwelling unit on substandard lot in, this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck; County Tax Map Parcel No. 1000-99-4-22. Mr. Fabb appeared in behalf of his application. Opposition was received from adjoining property owners (Mr. and Mrs. Frank Wissman). Following all testimony,' the hearing was concluded, pending deliberations later. End of hearings. DELIBERATIONS/DECISIONS Appl. No. 4263 - MARY ANN LAHMANN. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Appl. No. 4273 - RUSS L'HOMMEDIEU. (Continued on following pages) Page 18 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4263: MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. WHEREAS, a public hearing was held on September 7, 1994, and all those who desired to be heard were heard and their testimony recorded, and several persons living in the area voiced opposition (please see transcript prepared under separate cover for reference); 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. By this application, appellant seeks a determination for approval or recognition i of the subject lot. The survey submitted under this application was prepared by Anthony W. Lewandowski, L.S. last dated June 18, 1994. This subject lot (referred to as "6") has a total substandard lot area of 12,427 sq. ft. and road frontage of 124.27 feet along the southerly side of Knollwood Lane, Mattituck. The - property is bounded on the north by Knollwood Lane, on the west by a private right-of-way identified as 1000-107-6-21, on the south by a substandard lot identified as 1000-107-6-5 containing approximately 3/4 of an acre in size preexisting the zoning regulations, and on the east by lot identi- fied as 1000-107-6-7 also containing an area of approximately 3/4 of an acre. The subject parcel (6) is vacant land; the westerly adjoining parcel (21) is a right-of-way consisting of a described area of 20 ft. .by 100 ft. ; ' the southerly lot (5) is improved with a single-family dwelling which preexists the zoning ordinances; the .easterly lot (7) is also improved with a preexisting single-family Page 19- Appeal No., 4263 Decision of MARYANN LAHMANN Regular Meeting of October 5, 1994 dwelling. All of these lands are situated in the R-40 Low-Density Zone District adopted January 9, 1989. ' Immediately to the west along lot "5" and near the subject parcel (116") is another separate parcel consisting of approximately 3/4 of an acre referred to as lot 11411, also owned by Mary Ann Lahmann, which is improved with a dwelling constructed in or about 1966. The described parcel 112111, or right- of-way, separates the subject lot ("6") from the most westerly lot ("4") 2. The Article and Section of the Zoning Code, added in the amendments of January 9, 1989, under which this application is being made read as follows: Article XXIV, Section 100-244B: "A nonconforming lot separately owned and . . . not adjoining any lot or land in the same ownership at any time subsequent to (the effective date of this Article) may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership in the form of an abstract of title showing the changes of title to said lot . . . and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of the previously applicable Zoning Law. . . . " 3. Proof has been furnished by the owner in the form of, a single-and-separate search prepared by Commonwealth Land Title Insurance Company dated April 21, 1994, which shows that the owner, Mary Ann Lahmann, acquired the subject parcel ("611) from her husband, Walter A. Lahmann, Jr. with its present lot size, as described in deed recorded November 7, 1990. In' 1976 Walter A. Lahmann, Jr. acquired that property from Rosalie Lahmann, who acquired the property in July of 1962. The record shows that the subject lot (6) was acquired by separate ownership prior to 1957 when owned by jointly by Robert H. Preston, Robert Muir, and A. Kenneth Monsill, and that each of the surrounding parcels were in different names continuously since 1957, although each had, and appear to still have, an easement across parcel 21 referred herein as "right-of-way." Prior to 1957, zoning was not existent. Page 2 0 - Minutes Regular Meeting of October 5, 1994 Southold Town Board of Appeals 4. For the record, the Lewandowski survey does indicate a proposed building envelope for a future principal dwelling structure to conform to the minimum zoning setbacks requirements under Article XXIV, Section 100-244B of the Zoning Code <and/or compliance with future requirements (if amended) in effect at the time of the building permit application>. r 5. The substandard lot size is found to have been created prior to zoning in 1957, and the current zoning may not prevent a continuing preordinance right. There is indication in the record that the property was kept in diverse owners, in order to preserve valid nonconforming plots. Nor is there any evidence that the properties were ever used in conjunction with each other or that one lot materially enhanced the value of another except to utilize the rights of access of parcel 1121" (right-of-way). 6. Based upon all of the above, it is the determination of this Board that the lot referred to as 1000-107-6-6 is recognized as a single-and-separate lot from 1957 to the present date, as certified by the title insurance search prepared by Commonwealth Land Title Insurance Company. 7. It should be known that . the Board is making this determination relying solely upon the accuracy of the single-and-separate search submitted under this application and the referenced deeds. In the event of inaccuracy or error found in the search which may show common . ownership with another parcel from 1957 to the present time, a new application and hearing will be required, at any time in the future, to consider the new evidence. Accordingly, on motion by Member Villa, ,seconded by Chairman Goehringer, it was , RESOLVED, that the Application for MARY ANN LAHMANN under Appl. No. 4263,. be and hereby is granted, provided the rules and regulations pertaining to new construction upon substandard lots of this size at the time of issuance of the building permit be followed pursuant to law. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 21 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4268: EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) f ref.Section 100-31 C(4-b) 'and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft. height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994, at which time persons who desired to be heard were heard and their testimony recorded (no .opposition was received); 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. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of ten (10) feet, to encompass a proposed 60 ft. by 120 ft. tennis court, which will be located partly in the side yard and partly in the front yard, and then extending into part of the rear yard. 2. A copy of a survey map dated January 27, 1992 has been submitted with this application which shows the following improve- ments: (a) one-story, single-family . dwelling with screened-in porch, all situated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard; (c) accessory beach cabana building; (d) brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the mean high water mark. Page 2 2- Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 3. Article XXIII, Section 100-231 of the Zoning Code permits fencing for purposes of screening or property division 'to be situated in a front yard area at a height of four feet or less. (Fences along the side and rear yard areas are permitted at a height up to 6-1/2 feet.) Also, it is noted for the record that Section 100-33C of the Southold Town Zoning Code, applicable to all residential zone districts, provides ". . .in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code.. ." 4. It is the position of the Board in considering this application that:. (a) the property is uniquely situated at the southerly end of Town Harbor Lane and fronts along Little Peconic Bay at Southold; (b) the circumstances are directly related to the layout of the property and are not personal to the landowners; (c) although the relief requested is substantial in relation to the required setback locations, the tennis court will have •variable setbacks between 25 feet and 14 feet, as amended by this decision and will be fully screened from view when looking from Town Harbor Lane; (d) there will not be an undesirable change in the character of the neighborhood or detriment to nearby properties since the yard area as situated is normally a permitted yard location for other lots fronting along Peconic Bay - due to the fact that .they gain access from the north, rather than from the west as does the subject property; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence as a necessity to the tennis court rather than a large enclosed building; (f) the difficulty was not self-created; (g) there is no alternative for appellants to pursue other, than a variance, even in other yard locations; (h) in considering all the above factors, the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since other (natural) screening at heights aboveF four feet near the Page .23- Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 tennis court angle which faces the road will be maintained at all times during the time the tennis court exists. ACCORDINGLY, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not less than 12 feet from the northerly side property line; 2. . Screening must be planted and continuously maintained in good condition with 4-5 ft. high evergreens, six to eight feet apart, for the entire width of the tennis court along the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100-31C(4-b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted.. Page 24 - Minutes Regular Meeting - October 5 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD Appeal No. 4273: RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. WHEREAS, after due notice, a public hearing was held on October 5, 1994, and at said hearing 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. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit for an expansion of an existing home occupation office as a physical therapist in the applicant-tenant's single-family residence. 2. The premises in question is located in the A-C Agricultural-Conservation Zone District and is a substandard lot containing a substandard total area of 30,600+- sq. ft. with 177 ft. frontage along the northerly side of State Route 25 (or the Main Road), at Southold. 3. The property survey map last dated October 2, 1990 was prepared by Roderick VanTuyl, P.C. and shows a single-family two-story frame house, accessory swimmingpool, accessory shed, and large accessory garage building. Page 25- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 4. Proposed by this application is an expansion of the existing 500 sq. ft. physical therapist home occupation, for an additional 400 sq. ft. as an exercise area for patients and an additional 100 sq. ft. for administrative tasks related to the office and waiting room. 5. The limitations of the Zoning Code for a home occupation are as follows under Section 100-31C.2: C. 2. HOME OCCUPATION, INCLUDING HOME PROFESSIONAL OFFICE AND HOME BUSINESS OFFICE. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupational is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant 'for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25 0) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. Page 26- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in, a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding-houses and uses similar to those listed above. (h) For signs, see Section 100-31C(9)(a). (i) . Home occupations, home business office and home professional offices shall not. include manufacturing, fabrication or construction of any type on the site. and may never be used as a separate use. 6. The proposed expansion must be in full conformance with the zoning code an the resident's home occupation and office, and may not be operated by a non-resident, corporation, entity or other type of operation except by new application for re-consideration and new hearing, after notice in accordance with New York Town Law. 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the type of home occupation which requires additional area for patient use, and there is no method feasible for appellant to pursue other than a variance; Page 27- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 (b) the relief is substantial in relation to the requirements being a variance of 100 0 of the requirements of the new Zoning Regulations enacted in 1989; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the relief requested is floor area in the interior of the existing single-family dwelling operated by the resident thereof, and is not a separate princpal use; (e) the relief requested is not unreasonable due to the uniqueness of the property and the character of the surrounding neighborhood which is located directly on a main highway (New York State Route 25); (f) 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, due to the proximity of the property on a major road and due to the limitation of use established by the Town Board in permitting a home occupation in the residential zones. Accordingly, on motion by Chairman Goehringer, seconded by Members Wilton, it was RESOLVED, to GRANT the relief requested for a floor area related to the home occupation of 850 sq. ft. (which shall include the reception and waiting area, office, treatment room and gym), SUBJECT TO THE FOLLOWING CONDITIONS: 1. The home occupation shall be permitted only as an accessory to the residency by the applicant herein; 2. The area depicted as a bathroom and closet and stairs will also be permitted, but will be treated separately from the home occupation area since they are areas that may be related to the residence as well). 3. The applicant's home occupation may continue only while the applicant is a resident of the subject premises and is properly licensed as a physical therapist; 4. Upon expiration of the term of the lease between the applicant-tenant and the owner, this variance will automatically become null and void; Page 28- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 5. Upon the termination of the applicant-tenant's permanent residency in the existing dwelling, this variance will automatically become null and void; 6. This home-occupation use shall not be a principal use and must remain accessory use operated only by the resident of the premises and for the benefit of the applicant's patients; 7. A copy of the renewed lease shall be furnished by the applicant on or before March 10, 1999 to the Office of the Board of Appeals to show a continued direct interest in the applications on file by the tenant-applicant. 8. The Special Exception use which was to be permitted under Appl. No. 3499 (D. Jerome) as an Accessory Apartment with Owner Occupancy and which has not been effectuated, is hereby declared null and void - which was also agreed by the applicant and the owner, Daniel Jerome, during the Board's October 5, 1994 Regular Meeting. (The owner of the premises, Daniel Jerome, is no longer a resident at this property and is living at another address in Southold. The Special Exception was for owner occupancy only and therefore no longer qualifies for this accessory apartment permit.) 9. The "gym" or exercise area shall be utilized only by the therapist-applicant and his patients, and shall not be a separate membership, club or other establishment. 10. The remaining buildings shall remain accessory to the principal building and shall not be occupied as a separate use or occupancy other than for storage purposes related to the main residence. Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. (Nays: Members Dinizio and Villa, who felt the variance was too substantial and would set a precedent for the whole neighborhood.) This resolution was duly adopted (3-2). Page 29 - Appeal No . 4273 Regular'. Meetirig - October 5 , 1994 Southold Town Board of Appeals HEARINGS CALENDAR FOR NOVEMBER 2, 1994: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to authorize and direct advertisement of the following matters for public hearings to be held during a Regulr Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 2, 1994, commencing at the times specified below: 1. . 7:30 p.m. Appl. No. 4275 - RENE MATOS. Request for a Variance under Article IIIA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:35 p.m. Appl. No. 4276 - DALE and STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277 - MICHAEL and KATHLEEN RICHTER. Request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined .by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4274 - MARY ANN GREFE. Request for a Variance under Article III, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, NY; Lot #25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) Page 3 0- Minutes Regular Meeting of October 5, 1994 Southold Town Board of Appeals (Resolution, continued:) 5. 7:50 p.m. Appeal No. 4279 - JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for per- mission to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, NY; County Tax Map Parcel No. 1000-66-2-18. 6. 7:55 p.m. Appeal No. 4278 - OWEN MORREL. Request for a Variance under Article III, Section 100-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituck, NY; County Tax Map Parcel No. - 1000-107-4-2.10. The subject premises is located in the Agricultural-Conservation (A-C) Zone District. 7. 8:00 p.m. Appeal No. 4280 - JOHN H. MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57--2-24. The subject premises is. a substandard lot containing 17,011 sq. ft. total lot area. 8. 8:05 p.m. Appeal No. 4281 - KATHLEEN VARANO. Request for Variance under Article XXIII, Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic; County Tax Map Parcel No. 1000-86-7-4. Subject premises consists of 5.3+- acres in total area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 31 - MinetesND, Regular Meeting - October 5 , 1994 Southold Town Board of Appeals SEQRA COORDINATIONS: 1) From Town Clerk Re: Frank Cichanowicz, III Petition for a Change of Zone from RO to General Business at S/s Route: 25, Cutchogue (opposite King Kullen). Comments requested within 30 days of receipt of the Coordination Request (not later than October 12, 1994). Request was received on September 13, 1994. 2) From Planning Board Re: Minor Subdivision for Andrew Krupski at W/s Town Harbor Lane, Southold. 1000-64-5-12 & 13. Unlisted Action. ZBA status was Type II under appeal for variance. Negative Declaration was declared on October 3, 1994. APPROVAL FOR FILING OF MINUTES: The Chairman authorized and signed the Minutes as prepared for the following Meetings: September 7, 1994 April 6, 1994. OTHER SEQRA REVIEWS/DETERMINATIONS: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to declare the following Environmental Declarations as noted on the following pages, which determination 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: TYPE II ACTIONS (coordination and processing not applicable): 1. Appl. No. 4268 - Edward Halpert 2. Appl. No. 4269 - Frederick Raymes 3. Appl. No. 4271 - Jean and Louis Walters, Jr. UNLISTED ACTIONS: (posted on Town Clerk Bulletin Board) 4. Appl. No. 4270 - Eileen Farrell 5. Appl. No. 4273 - Russ L'Hommedieu (D. Jerome) 6. Appl. No. 4272 - Thomas Fabb. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 3 2 - Minutes Regular Meeting of October 5, 1994 Southold Town Board of Appeals UPDATES: A reminder was given for the following committee meetings: Code Review - Thursday, October 13, 1994 Planning-Zoning Reviews - to be determined (no date as yet) There being no other business properly coming before the Board at this time, the meeting was declared adjourned at approximately 9:45 p.m. Respectfully submitted, D _ � t Linda Kowalski, Secretary Southold Town Board of Appeals Approved - November 2, 984 RECEIVED AND FILED B THE SOU THOLD TOV:TId CLI"Il- HOUR` D1iTE 9 g fo .d_► 'II Town Clerk, Town c1 woutkiold s