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HomeMy WebLinkAboutZBA-06/25/1986 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- -roTATE ROAD 25 -mOUTHOLD, L.I,, N.Y. 119'71 TELEPHONE (516 765-1809 ! MINUTES SPECIAL MEETING WEDNESDAY, JUNE 25, 1986 A Special Meeting of the Southold Town Board of Appeals was held on Wednesday, June 25, 1986, at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971~ Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., Robert J. Douglass, and Joseph H. Sawicki, con- stituting a majority plus one (foub) of the m6mbers. Absent was: Serge Doyen, Fishers Island. Also present were: Victor Lessard, Building-Department Executive-Administrator, and Linda Kowalski, Secretary and Board Clerk. The Chairman opened the meeting at 7:10 p.m. and proceeded with the first matter of business on the agenda, as follows: ENVIRONMENTAL DECLARATIONS: On motion by Chairmah Goehrin§er, secdnded by Member Sawicki, it was RESOLVED, to declane the following Environmental Declarations indicating the following projects not to have an adverse effect upon the environment for the reasons noted therein, in accordance with Part 617 of the implementing regulations of the N.Y.S. Environ- mental Quality Review Act (SEQRA) and Chapter 44-4 of the Code of the Town of Southo~d: Appeal No. 3499 - Daniel and Lisa Jerome, Main Road, Southold. Appeal No. 3502 - Gregory Follari, Sound Drive, Greenport. Appeal No. 3508 - David Moore, Soundview Avenue, Southold. Appeal No. 3515 - Howard Rein:hart, Main Road, Peconic. Appeal No. 3516 Albert J. Bodenstein, Indian Neck Rd, Peconic. Appeal No. 3424 - Eleanor Leonard, Witl6w Point Rd, Southold. (continued on page two) South.old Town Board of Appeals -2- June 25, 1986 Special Meeting Appeal No. 3518 - Marjorie D, Petras, Koke Drive, Southold. AppYal No. 3505 - Ralph and Lucille Stocker, Snug Harbor Rd, Sld. Appeal No. 3512 Samuel Bail, Sigsbee Road, Mattituck. Appeal No. 3510 Richard and Ruth Zeidler~ McDonald's Crossing, Laurel~ Appeal No. 3524 - Port of Egypt Enterprises, Main Road, Southold. Appeal No. 3525 - Port of Egypt Enterprises, Main Road, Southold. s.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPF2%L NO.: 3502 PROJECT NAI~E: GREGO'RY.'FOLLARI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the NoY.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicate(] below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similhr project. TYPE OF ACTION~ [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Yariance for insufficient setback from top of bluff along Long Island Sound, N/s Sound Drive. LOCATION OF PROJECT: Town of Southold~ County of Suffolk, more particularly known as: N/s Sound Drive, Greenport; ]000-33-]-]5. REASON(S) SUPPORTING THIS DETERMINATION: - (1) A~ Environmental Assessment in the short'form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question at at an elevation of lO or more feet above mean sea level. (3) 'The relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Qual.ity Review Act-6 NYCRR. Southold Town Board of Appeals -3- June 25, 1986 Special Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONbiENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3499 PROJECT NAME: DANIEL AND 'LISA JEROME This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception for accessory apart- ment in existing single-family dwelling("A" Residential Zoning District). more LOCA?ION OB PROJECT: Town of $outhold~ Couaty of Suff°lk',l-3 particularly known as: 45125 Main R0ad~ S0uth01d; 1000-75-02 . REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted ~ich indicates that no significant adverse effects to the environment are likely to occurlshould this project be imple- mented as planned; (2) Expansion of perimeter of dwellings as exists in not proposed by th~s appIication; this application is for the use of structure as e~jsts for an accesso.~y apartment as defined by Art. III, Section 100-30(A) of the Zoning Code. (3) The subject premises is not located within 300 feet of tidal wetlands or waterway. ~Southold Town Board of Appeals -4- June 25, 1986 Special Meeting (Environmental Declaration~, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO,: 3508 PROJECT NAME: DAVID MOORE This notice is 'issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take'further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to locate structure with an insufficie~nt setback from bluff. LOCATION OF PROJECT: particularly known as: T~wn of Southold, County of Suffolk, more N/s S0undview Avenue, S0u. thold~ 1000-5l-4-17. REASON'(S) SUPPORTING THIS DETE~4INATION: (1) Aa1 Environmental Assessment in the short form has been submitted-w~nich indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 N¥CRR. ~Southold Town Board of Appeals -5- June 25, 1986 Special Meeting (iE~nvirohmental Declarations, continued:/ S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3515 PROJECT NAME: HOWARD REINHART This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for'any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to change use of building for wood-working and sa]es of handmade products in this "A'~ zone, also preexisting for an~ique sales~(nonconforming). LOCATION OF PROJECT: Town of $outhold~ County of Suffolk, mo~e particularly known as: N/s Main Road, Peconic; 1000-75-1-16. REAsoN'~(S) SUPPORTING THIS DETEP~4INATION: (1) ~ Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of the premises and is not directly related to new construction. South61d ~Town Board of Appeals -6- June 25, 1986 Special Meeting (;Environmental Declara%ions, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAl, NO.: 3516 PROJECT NAME: MR. AND MRS. ALBERT J.~ BOD.ENSTEIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To construct addition with an ins]fficient setback from the closest northerly property line as ShOWn on sketch of 4/22/86. LOCATION OF PROJECT: Town of Southold, Count_y of Suffolk, more particularly known as: 6135 Indian Neck Road, Pec0nic; 1000- 86-6-]9. REASON'(S) SUPPORTING THIS DETERMINATION: (1) A~ Environmental Assessment in the short 'form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imp!e- mented as planned; ~ ' (2) The .relief requested is a setback variance regulated as provided ih Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. May 22, 1986 Regular Meeting Southol'd T~own Board of.Appeals (E'nvironm:~nt'al Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAP~ATION Notice of Determination of Non-Si_9_n_ificance APPEAL NO.: 3424 PROJECT NAME: ELEANOR LEONARD 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 To%rn of Southold. This board determines the within project not to have a signifi- cant adverse effect on the envirornment for the reasons indicated below. Please take'further notice that this declaration should not be considered a determination made for'any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: [×] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Area variance for approval of re-separa- tion of two contiguous parcels having insufficient area., width and depth~ (Lot-line variance) LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ROW off the e/s Bay Home Road (ahd along the ~0uther]y end Of Willow Point Road): Southo]d; ]000-56-5-39, 40 and 4]. REASON(S) SUPPORTING THIS DETEP~MINATION: (1) ~1 Environmental Assessment in the short form has been submitted %ahich indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construc- tion. (3)' Health Department approval was issued 5~28/86 under #86-S0-32. Southbld Town Board of Appeals -8- May 22, 1986 Regular Meeting (E.~vi~r~nmental De~lar~.tions~ continued:) S.E.QoR.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: 3518 MARJORIE D.' PETRAS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take'further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [×] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Insufficient setback of proposed additions from bulkhead a]0ng C0rey Creek. LOCATION OF PROJECT: Town of Southold; County of Suffolk, more particularly known as: 700 K0ke Drive, S0uth0]d,. NY~ ]000-87-5=006. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short'form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provi~e~ ~n Section 617o13 of the SEQRA, 6 NYCRR. Southold Town Board of Appeals -9= June 25, 1986 Special Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAR3kTION Notice of Determination of Non-Significance APPEAL NO.: 3505 PROJECT NAME: RALPH AND LUCILLE STOCKER 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 To%rn of Southold. This board determines the within project not to have a signifi- cant adverse effect on the enviroru~ent for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ DESCRIPTION OF ACTION: Vari.ance to locate new proposed dwelling with an insufficient fr0ntyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more p~rticularly known as: ]080 Maple Lane (a/k/a 55 Snug Harbor Road), ~reenport; 1000-35-5-28. ~ REASON(S) SUPPORTING THIS DETERMINATION: (1) ?un Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environ~ent are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR. ~Southold Town Board of Appeals -10- June 25, 1986 Special Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONbIENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3512 PROJECT NAME:SAMUEL BAIL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental ConservatiOn Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the 'reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other depar.tment or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted { ] DESCRIPTION OF ACTION: Variance for excessive ]0t coverage and insufficient sideyard setback(s). LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ]980 Sigsbee Road, Mattituck; ]000-]44-]-]5. REASON(S) SUPPORTING THIS DETERMINATION: (1) A/1 Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board of Appeals -ll- June 25, 1986 Special Meeting (Envi'ronment~l Decl'ar~tiOns~ continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAl, NO.: 3510 ........ PROJECT NAME:'RI.CHARD AND RUTH ZEIDLER 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 Tow~ of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to locate proposed construction w~thin 75' of bulkhead/tidal water. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ]00 McDonald's Crossing, off the south side of Pec0nic Bay B0u]evard; Edgemere Park, Laurel., NY; 1000-145-4~15. REASONS(S) SUPPORTING THIS DETERMINATION: (1) ~ Environmental Assessment in the short form has been submitted w%hich indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Qu~.lity Review Act, 6 NYCRR. ~Southold Town Board of Appeals -12- June 25, 1986 Special Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIV~ ENVIRONF~ENTAL DECLARATION Notice of Determination of Non-Signi.ficance APPEAL NO.: 3524 PROJECT NAME: PORT OF EGYPT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that~this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: EX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to ]0cate fuel tanks with an insufficient setback from tidal wetlands. LOCATION OF PROJECT: Town of Southold, Countyof Suffolk, more particularly known as: 6230 Main Road, S0uth0]d; ]000-56-6-4, 6, 6.]. REASON~S) SUPPORTING THIS DETERMINATION: (1) A~q Environmental Assessment in the short form has been submitted ~ich indicates that no significant adverse effects to the environraent are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 6]7.]3 of the State Envir0nmenta] Quality Review Act, 6 NYCRR. Southold Town Board of Appeals -13~ (Environmental Decl'ad'~ti'ons, continued:) June 25, 1986 Special Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAPJ%TION Notice of Determination of Non-Significance APPEAL NO.: 3525 PROJECT NAME: PORT OF EGYPT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [~ Unlisted [ ] DESCRIPTION OF ACTION: Special Exception for installation/ relocation of marine fuel-stQ?age _tanks in this "C-Light" Industrial Zone~ LOCATION OF PROJECT: Town of Southold, County.of Suffolk, more particularly known as: 6230 Main Road, S0uth0]d~ ]000-56-6-4, 6, 6.1. REASON(S) SUPPORTING THIS DETERMINATION: (1) A~ Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested concerns use of the premises and is not directly related to new construction. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of App~al~ -14- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3500: Application of NORMAN REICH for a Variance to the Zoning Ordinance, Article III, Section 100-31, ~Sched~le for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Following deliberations~ the board took the following action: WHEREAS~ a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of NORMAN AND KAREN REICH Under Appeal No'. 3500; and WHEREAS, the board members have personally viewed and are familiar with the premises in question~ its present zoning, and %he surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following ~'indings of fact: 1. The premises in question is located along the easterly side of Cedar Drive in the Hamlet of East Marion, New York, and is identi- fied on the Suffolk County Tax Maps as District 1000, Section 22, Block 2, Lot 41. 2. The subject premises consists of a total area of 12,000 sq. ft. with 100' lot width (road frontage) and depth of 120 feet, and is improved with a single-family~ one-story dwelling with a fnontyard setback of 35± feet, as _~hown by survey dated May 19, 1978, prepared by Roderick VanTuyl~ P.C. 3. By this application, appellant requests approval of an existing 12' by 20' deck at the rear of the existing dwelling with an insufficient rearyard setback of 31 feet. 4. Article III, Section lO0-31, Bulk Schedule '~A" of the Sou~hold Town Board of Appeals -15-June 25, 1986 Special Meeting (Decision, continued: Appeal No. 3500 REICH:) Zoning Code requires a minimum 35' setback from the rear property line. 5. It is the opinion of the board members that the variance is not substantial, being ~2% of a variance from the requirement. In considering this appeals the board also finds and determines: (a) that the practical difficulties claimed are suffi- cient to warrant this. variance; (b) the circumstances are unique and are not shared by other properties existing generally in the neighborhood, (c) there will be no substantial chan.ge in the character of the neighborhood~ or detriment to adjoining properties; (d)- the difficulty cannot be obviated by some method feasible for appellants to pu[sue other than a variance; (e) that in view of the manner in which the difficulty arose and in consideration of all the above factors~ the inte?ests of justice will best be served b~ allowing the variance as conditiona31y noted below. it was Acc-ordingly~ on motion by Mr. s'awicki, seconded by Mr. Douglass, RESOLVED~ that the relief requested under Appeal No. 3500 for approval of an 12~ by 20~ deck with an insufficient rearyard setback at 31.feet, as applied ~n the Matter of NORMAN AND KAREN REICH~ BE AND'HEREBY IS APPROVED, SUBJECT TD THE FOLLOWING CONDITIONS: applied. That the deck in question not-be enclosed or covered; That the rearyard setOack not be less than 31 feet as Vote of the Board: Ayes: Messrs. Sawicki, Douglass and Doyen. (Chairman Goehringer abstained and Member Doyen was absent.) This resolution was duly adopted. Southold Town Board of Appeals -16- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3504: Application of GREENPDRT HOUSING ALLIANCE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and an insufficient northerly sideyard at 1300 Seventh Street~ Greenport, NY~ Map of Greenport Driving Parks Map #369, Lot #34; County Tax Map District IOOD, Section 48~ Block 3, Lot 16. Following deliberations~ the board took the following action: wH'EREAS~ a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of GREENPORT HOUSING ALLIANCE under Appeal No. 3504; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pr~ent zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony w~s recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following fi'ndings of fact: 1. The premises in question is located along the west side of Seventh Street, Greenport, more particularly known and referred to as Lot No. 34, ~'Map of Greenport Driving Park," filed in the Suffolk County ClerkJs Office as Map No. 369, December 1, 1909, and is identified on the Suffolk County Tax Maps as District 1000, Section 48, Block 3, Lot 16. 2. The subject premises consists of a total area of 4,506 sq. ft. with 45.07' fro~ntage (lot width) along Seventh Street, and is presently imprOved with a delapidated str~cture set back il± feet from its front property line, ~earyard se~ack of 46± feet, and sideyards of 10 and 20. The structure as exists is unhabitable and will be removed and replaced. 3. Proposed to replace the existing structure is a new single-family dwelling to be set back a minimum of 20 feet from S6uthold Town Board of Appeals -17- June 25, 1986 Special Meeting (Appeal No. 3504 - GREENPORT HOUSING ALLIANCE, continued:) the front property line, at least 35 feet from the rear property line, eight feet from the northerly side property line, and ten feet from the southerly side property line, all as shown by survey revised May 1, 1986, prepared by Roderick VanTuyl, P.C. 4. The variances requested are: (a) total insufficient sideyards at 18 feet rather than the required 25 feet, and (b) insufficient northerly sideyard at eight feet rather than the required 15 feet. It is the opinion of the board that this proposal is unique and is not unreasonable, particularly in light of the established setbacks of the existing structure. In considering this appeal~ ~he board also finds and determines: (a) the practical ~]~fficulties claimed are unique and sufficient to warrant the granting of this variance; (b) the ci~_~umstances are not shared 'by other properties generally existing in the neighborhood~ (c)_ the difficulty cannot be obviated by some method feasible for appel]ant to pursue other than a variance, particularly due to the ~arrowness of the lot; (d) there will be no substantial change in the character of the neighborhood, or detriment to ~joining properties; (e) that in view of the manner tn which the diffi~91.%y arose and in considera- tion of all the above factors, th~_]nterests of justice will best be served by allowing the variance, as noted below. Accordingly, On motion by Mr. Sawicki~ ~conded by Mr. Douglass~ it was RESOLVED~ that the relief requested under Appeal No. 3504 in the Matter of the Application of the GREENPORT HOUSING ALLIANCE for red~ced total sideyards of 18 feet (~T'a~d 10~ and an insuffi- cient northerly ~id'eyard at eight feet~ BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Douglass, (Membe~Doy~abse~%.) (Chairman Goehringer ~bstained.) was duly adopted. Grigonis, Sawicki. This resolution Southold Town Board of Appeals -18- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3507: Application of NICK THEOPHILOS for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2(A) for permission to locate swimming- pool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY; Lot No. 118, Map of Eastern Sho¥~s, Section 4; County Tax Map Parcel No. 1000-33-1-16. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter..of~the Appl~ation of'NICK TH£OPHILOS under Appeal No. 3507; and WHEREAS, the board members have personally viewed and are familiar with the premises i.n question~_.its pregent zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their test~mo'~y was recOrded~ and WHEREAS, the board has ~arefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the nor'th side of Sound Drive, Gree~port, is identified on the Suffolk County Tax Maps as District 1000, Section 33, Block 1, Lot 16, and is known and referred to as Lot #118 on Map of Eastern Shores, Section IV, filed March 7, 1966. 2. The subject premises consists of a total area of 33,355 sq. ft. with frontage along Sound Drive of lO0.O feet, and average lot depth of 318± feet. The upland area between Sound Drive and the top of the bank/bluff area is a length of approximately 215 feet. The premises is presently improved with an one-story, single-family dwelling, shown by survey dated August 15, 1985 prepared by Roderick VanTuyl, P.C. to be set back approximately 70 feet (exclusive of rear porch) from the top of the bank, and approximately 57 feet inclusive of rear porch, at its closest points~ 3. By this application~ appellant requests permission to locate an 18' by 36' wide swimmingpool with a setback at its closest point to the top of bank at 23 feet. The pool as proposed is shown to be an accessory structure at a distance 15 feet away from the dwelling, and centered between the side proper~y lines. Also proposed around the pool are a three-foot wide wooden walkway, which would be set back not Closer than 20 feet from its closest point to the top of bank, and a fence as req~.ired by the code along the side and rear property lines. 4. Article XI, Section 100-119.2, ~ub-paragraph (A}[1] requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (lOU) feet from the top of the bluff or bank. The board agrees that to locate the Southold Town Board of Appeals -19-June 25, 1986 Special Meeting (Appeal No. 3507 - NICK THEOPHILOS, continued:) proposed accessory building in compliance with this setback requirement would be placing same in front (to the south} of the existing dwelling. 5. It is the opinion of the board members that: (a} the pool be located as far back from the bluff edge as possible; (b) any draining of the pool or discharge not be piped over the face of the bluff. In considering this appeal~ the board also finds and determines: (a) although the percentage of relief requested from the 100' setback requirement is substantial, the present setback is established at 57± feet, which is an automatic reduction of 43 feet; (b) the placement of the pool at a point not closer than 30 feet from the top of ban..k is not unreasonable and will not be detrimental to .adjoining properties or change the character of the district_~ (c) the circumstances are unique; (d) the practical difficulties are sufficient to warrant a conditional granting of a variance; (e.)~ the diffi- culty cannot be obviated by some method feasible for appel_}_.ant to pursue other than a variance; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factors %he interests of justice will best be served by conditionally allowing a variance, as no~.ed below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Sawicki and Grigonis~ it was RESOLVED, that a Variance for permission to locate accessory swimmingpool with wooden walkway 9nd fence.enclosure within 100 feet of the Long Island Sound bank~ BE~AND HEREBY IS APPROVED in the Matter of the Aoplication of NICK THEOPHILOS under Appeal No. 3507, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The pool and wooden walkway construction applied for shall remain an accessory structure, not to be attached to the dwelling or overhang in any ferm. 2. The pool and woo~en walkway shal~ not be located closer than 30 feet to the top of bank. 3. There shall be no obstrusive lighting which will be adverse to other properties. Southold Town Board of Appeals -20z June 25, 1986 Special Meeting (Appeal No. 3507 THEOPHILOS decision, continued:) 4. There shall be no overhead lighting. 5. The fencing shall be of chainlink material. 6. There shall be proper groundc~over between the pool and top of bank so as to aid in the prevention of erosion. 7. There be no drainage over the bluff area of water (from the pool, irrigation, etc~) into the Sound. 8o Ali fill must be placed landward of the bluff. Vote o'f ~ Boardz Dougl~ass and Sawicki~ r~ (Member Doyen was absent.) A~s- Messrs~ Goehringer",-'Q~igonis, This resolution was dM~ly adopted. PENDING DECISION: Appeal No. 3501: Application of NORTH FORK WELDING/SCHOENSTEIN for Variances to the Zoning Ordinance, Articles: (a-~--~I, ~ec~6n IO0-~TI-9.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of weld- ing business in this "B-Light" Business Zoning District located along the south side of Main Road (S.R. 25)~ Greenport, NY~ County Tax Ma~ Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Pecon~c Bay Estates Map No. 658, and Map No. 1124 as Amended. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of NORTH FORK WELDING/JOSEP~ AND LINDA SCHOENSTEIN, under Appeal No. 3501; 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~ at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS~ the board has carefully considered all testimony and documentation submitted concerning this applicati_~n; and Southold Town Board of Appeals -21- June 25, 1986 Special Meeting (Appeal No. 3501 NORTH FORK WELDING, decision, continued:) 1979, under Appeal No. 2541, a use variance was conditionally granted for the establishment of a welding business at premises identified on the Suffolk County Tax Maps during 1979 as District 1000, Section 53, Block 2, Lots 13 and 15, containing a maximum lot area of 26,458 sq. ft. By survey mapped April 24, 1979, the premises was improved with a barn structure and accessory garage building [see Mitchell Pekunka survey prepared by Roder- ick VanTuyl, P.C.] The premises during 1979 also was zoned "B-Light Business." Conditions placed with the boardrs decision are: (1) There sh~ll be no outside storage of equipment or work that is to be completed 'by the appli_can~.; (2) If the proposed number of employees on the p[~m~ses becomes larger than two, the applicant shall return to the Board of ~ppeals for a review of this action; (3) Suffolk County Planning Commission approval. 6. Appellant proposes to construct the new one-story metal building along the westerly yard area 50 feet from the northerly (front) property li~ne~_15 feet from the existing building, and not less than 35 f~t from the westerly property line. The new building is shown to be extending into the southerly parcet, '~verlapping the deed lot lin~, and having a setback from the most southerly ~ine ldep~cted~dra~nage ditch at not closer than 25 feet~ Also .proposed ~s an~equ~pment/ storage area on the southerly parcel ~1000-53-2=.12) with the existing six-foot stockade fencing as shown by the April 24, 1986 site plan. 7. With reference to the expansion of the welding business, it is the position of this board that the recor~ is not sufficient in showing by dollars and cents proof: (a) that the land in question cannot ~yiela a reasonable return if used only for a purpose allowed in this zone district; (b~_~that the plight of the owner is due to unique circumstances which may reflect the unreasonableness of the zoning ordinance itself~ (c) that the use requested will not alter the essentia~ character of the neighborhood. Dollars and cents proof has not been presented in this case. Also~ it has been hel~__by the ~e~ts that a BOard of Appeals cannot under the semblance of a variance exercise legislative powers, tt is a~parent that the variance ~n relation to the requested expansion of welding-shop use is substantial, and the effect of the g~nt 9f same w%ll be ' Southold Town Board of Appeals =22- June 25, 1986 Special Meeting (Appeal No. 3501 - NORTH FORK WELDING, decision, continued:) WHEREAS, the board made the following findings of fact: l. By this application, appellant requests variances to the Zoning Ordinance: (.a) Article XI~ _Section 100-119.2(B) for permis- sion to locate new building within the required 75' setback from wetlands area~ and (bi Article VI~ Section ~00-60 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning_ District. 2~ The premises in question is located along the south side of the Main'Road IState Route 25) at Arshamomaq~e~ in the Hamlet of Greenport~ and is identified on the Suffolk County Tax Maps a~ District 1000, Section 55, Block 2~ Lots ]2~ and 13-and'15 (15.1). County Tax Map Lot 12 consi~.~s of Lot~ 1'7~,~ ~73 and 172 of Peconic Bay~Est~tes, for which curren~ om~ership as found in the Assessors Office is in the name of Joseph Schoenstein (at Liber 9801 cp 510~ April 8, ~985)~ and contains an area of approximately ~ne-half acre. County Tax M~p Lots 13 and 15 (or 15.1) are shown in the Assessor9 Office to be in the names of Joseph and Linda Schoenstei. n ~at'Liber 864t cp 153, June 5, 1979}, and contain an area of approxim~e'ly ~60 of an acre~ Combined, the parcels contain an area of ~800 sq. ft~ more or less, with a frontage along the Main Road of'198.59 feet~ more particularly shown on s Krvey mapped March 2~ 198~ b~ Roderick VanTuy~, P.C. 3. The premises in question ~s ~n the "B-Light Business" Zoning District, whiCh ext,.rids throughout the wh~]e block from the west side of Pipes Neck Road ~along the south side of Main Road) to the east side of Kerwi]n Boulevard. Opposite the subject premises on the north side of the-~a~n Road ar~ properties also zoned "B-Light Business." 4. As depicted on site plan re~sed April 24, 1986 prepared by Peconic Asso~ates~ Inc.~ a~p.~l~ant proposgs _~he followi~n§- (a)~ existing building ~f ~,286 ~q~ ft~_~ set back 25 ~get at its closest point to ~he front [nprtherly] property line, of which 625 sq. ft. is for the North Fork Welding office and 1,661~ sq. ft. welding shop use; (b) existing building of a size 15' by 21' presently used as an antique-sales shop, shown to be set back 23 feet at its closest point to the front [northerly] property line; (c) proposed new one-stOry metal building of a size 50' by 90~ [4~500 sq~ f~]~ for welding shop use, of which 3,000 sq. ft. is to be for s~rage are~.. 5. By prior action taken by the Board of Appeals May 3, · Southold Town Board of Appeals -23- June 25, 1986 Special Meeting (Appeal No. 3501 NORTH FORK WELDING, decision, continued:) circumventing a change of zone or to establi-sh a zone district completely at odds with the surrounding neighborhood and zoning code. 8. With reference to the insufficient setback from wetlands, it is the position of this board that the variance be denied since: (a) the relief requested is substantial at 65 percent of the requirements, or more; (b) the circumstances are not unique; (c) the practical difficulties claimed are not suffi- cient to warrant same; (d) the relief requested is not the minimum necessary; (e) there will be a substantial change in the character of the neighborhood or detriment to adjoining properties. Accordingly, on motion by Mr. Grigonis~ seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal.No. 3501 in the Matter of the 2p.plication of.~NORTH~FORK WELDIN. ~/SC~QE~- STEIN, BE AND HEREBY IS'DENIED W.ITHO~T PREJUDICE~ Vote of the Board: Ayes~ Messrs~ ~Qoehringer, Grigonis, Douglass and Sawickio This resolution was dul~_ adgpted. (Member Doyen was absent. PENDING DECISION: Appeal No. 3471: Application of NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article X~ ~00-119.2(A)[1] for permission to construct single-family dwel'ling with an insufficient setback from edge of bank along the Long~sland Sound. Loc~tion of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113; County Tax Map Parcel No. 1000-33-01-11. Following deliberations~ the board took the following action: WHEREAS,~' public hearings were held on April 3,"1986, May l, 1986~ and concluded on May 22~ 1986, in the Matter of the Application of N~'CHOLAS TSIRKAS under Appeal No. 3471; 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, at said hearing all those who desired to be heard were heard~ and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and Southold Town Board of Appeals -24- June 25, 1986 Special Meeting (Appeal No. 3471 - TSIRKAS decision, continued:) WHEREAS~ the board made the following findings of fact: 1. By this application~ appel'lant requests a variance to the Zoning Ordinance, Article XI, Section 100-119.2, Subsection (A)[1] for permission to locate a new single-family dwelling with an insuffi- cient setback of not less than 37 feet from the top of the bluff or bank along the Long Island SOund, as shown by survey mapped March 12, 1986 by Roderick VanTuyl, P.C. The building area is proposed with a frontyard setback at 35 feet and minimum sideyards as provided by the Bulk Schedule of the Zoning Code. 2. The premises in question is located along the north side of Sound Drive, Greenport, and is identified as Lot No. 113, Map of Eastern Shores No. 4586, Section Four, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 33, Block 1, Lot ll. 3. The subject premises is vacant and consists of a total lot area of 25,250 sq. ft., lot width of 100 feet, and total average depth of 261± feet. The shortest distance as scaled on the March 12, 1986 survey appears to be 123± feet from the southerly property line along Sound Drive to the top of the bank. 4. Submitted in support of this application are: (a) survey of existing dwellings in the immediate area along the north side of Sound Drive mapped March 12, 1986, showing varied setbacks from the top of bank with a z.ero setback (for deck construction), and with a 15±-foot setback varying to 60± feet; (b) copies of title closing statement, tax bills, deed, title search report; (c) topographical photograph of the area; (d) licensed real-estate broker's report; (e) individual surveys of other lots in the vicinity (along the north side of Sound Drive); (f) engineer's building site reports etc. 5. It is noted for the record that by a prior application under Appeal NO. 3386, a variance to locate a new single-family dwelling of a size 47' by 67', more or less, at a distance of 35 feet from the edge of the bank, was denied without prejudice for the reasons set forth therein. 6. It is the opinion of this board that: (a) construction should be located as far back from the bank's edge as possible~ (b) water runoff (including lawn sprinklers, etc.) be piped toward ~Southold Town Board of Appeals -25- June 25, 1986 Special Meeting (Appeal No. 3471 TSIRKAS decision, continued:) the south of the bank, not to drain over the bluff areas and to reduce saturation of the face of the bluff. In considering this appeal, the board also finds and determines that by locating new construction not closer than 50 feet to the top of bank: (a) the variance will be the minimal necessary and will not be substantial i~ relation to the zoning requirements; (b) there will be no substantial change in the character of the immediate area; (c) the circumstances are unique; (d) that the practical difficulties are sufficient to warrant the granting of a variancel (e) there is no other method feasible for appellant to pursue other than a variance~ (f} that in view of the manner ~n w~ich the difficulties arose and in considering ~all t'he above ~actors, the interests of jus- tice will best be served~ Accordingly~ on motion by Mr. Douglass, seconded by Mr. Goehringer~ it was RESOLVED, that a Variance for perm%ssion to loca~e new single-family dwelling construction with an insufficient setback from the_tOp ~f,bank along the Long Island Sound, BE AND HEREBY~IS APPROVED in the Matte~.o~.the Application of NICHOLAS TS~RKAS~ Appeal No. 3471~ SUBJECT TO THE FOLLOWING CONDITION: Tha~ no construction be located closer than 50 f~et a~ nearest point from the top of the bank. Vote o~ the Board~ Ayes- Messrs, Goehringer~ Gri§onis, Douglass and Saw%cki~ IMember Doyen~ Fishers Isl,.nd, was absent.) This resolution was duly'adopted.. Southold Town Board of Appeals -26- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3509: Application of HOWARD AND JANET MALONE for Variances to the Zoning Ordinance, Article: ~ III, Section lOD-31, Bulk Schedule, for permis- sion to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000-56-07-21. Following deliberations~ the board took the following action: WHEREAS, a ~ublic hearing was held and concluded on May 22, 1986 in the Matter of the ~pplication of HOWARD AND JANET MALONE'under Appeal No. 3471~ and WHEREAS, the board members have personally viewed and are familiar with the premises in question,_ its pr~69nt zoning, and the surrounding areas; and WHEREAS, at said hearing alt those who desired to be heard were heard~ and their testimony w.as recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concernin~ this application; and WHEREAS, the board made the following-findings of fact: 1. By this application~ appellant requests variances to the Zoning Ordinance for approval of_the construction of an addi- tion along the east side of the existi]ng dwelling~ havi~g an insufficient sideyard setback at not less~than 8_½ feet at its closest point~ and having an insufficient setback from ordinary highwater mark at approximately 6~ feet, as shown ~by survey revised May 12, 1986, prepared by ~derick VanTuyl,~ P.C. The total sideyards are not less than 27½ feet~ 2. The premises tn question is located along the south side of Blue Marlin Drive, Arshamomaqu~., Greenport, and is identified as Lot No~ 3 on "Map of Southold Shores~'~ and more particularly shown on the Suf~91~_County Tax Maps a5 District 1000, Section 56, 'Block 7, LO~ 21. The subject premi.~s i~s improved with a single-family, Southold Town Board of Appeals -27- June 25, 1986 Special Meeting (Appeal No. 3509 MALONE decision, continued:) one-story frame house having a setback from Blue Marlin Drive (along the front property line) at 95 feet and 61 feet from its closest point from the existing bulkhead (at the southwest corner. The property has a frontage (lot width) of 100 feet, an average lot depth of 202.50 feet, and lot area of 20,453± square feet. 4. For the record it is noted that by prior application under Appeal Noo 2304, a variance was conditionally a~proved for the construction of a patio existing (with 2_~_ high wall) with an insufficient s~deyard setback at four feet. 5. It is also noted for the reco~d that a building permit, under No. 14449Z, issued December 5, 1985 for the construction of additions with sideyards at 10' and 15' is pending. Records show that the first and second foundation inspections were approved, 'subject to receivi, ng an updated survey. A Notice of Disapproy.al was issued on April 21~ 1986. In considering th%s appe~l~ 'the board f%n'~s an~"~eter~ mines: (a) that the relief reqeested ts the m~n~mal necessary and is not substantial in relation to the zoning requi'rements; (b~ there will be no substantial change in the character of the immediate area_; (c) the circumstances are unique; (d) that the practical difficulties are sufficient to warrant the granting of a variance~ .(e) there is no other method feasible for appellant to pursue other than a variance~ (f) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr~ 'Grigonis~ seconded by Mr. SAwicki, it was RESOLVED, that the relief requested.under.Appeal No. 3509 in the Matter of the Application Of'HOWARD AND JANET MALONE for approval of the construct_ion of an addition wi~ an ins~.ff~T~- cient setback from the easterly property line at not closer than the requested 8~8'' and not closer than the requested 65~ fro~ the ordinary highwater mark. Vote of the Board: Ayes~ Messrs. Goehringer, Grigonis~ Douglass and Sawicki. (Member Doyen Of Fishers Island was absent~) This resolution was duly adopted~_ Southold Town Board of Appeals -28- June 25, 1986 Specia~ Meeting PENDING DECISION: Appeal No. 3483: Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. Following deliberations, the board took the following action: WHEREAS~ a public hearing was held.and concluded on May 22, 1986 ~n the Matter of the Application of PHILIP AND ELLEN'BELLOMO under Appeal No. 3483; and WHEREAS, the board members have personally viewed and are familiar with the premises in question~ its pre~gnt zoning, and the surrounding areasl and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS~ the board has ~arefully considered all testimony and documentation submitted concer_pin.§_ this application; and WHEREAS~ the board made the following 'fi~ndings of fact~ I. By this application~ appellants request permission to locate a 16~ by t6!~ accessory sto[~g~build~.g in the frontyard area, req.piring ~ ~ariance from Article III~ Sectio"n 100-32. The proposed accessory wiill be for storage incidental to the residental use of the pre.~ises and not operated for ~ain and is proposed to be set back three feet at its closest point to the northeasterly s%de property line and five feet at its closest point to the southerly (front) proper~y line along the private road. 2~ The premilses in question is located along the north side of a private road which extends from the north side of Sound View...Avenue, So~thold. The Subject premises is improved with a single-family one-story frame dwelling set back 57± feet from the ~ron~ property line and consists of one-quarter ~.24) of an acre, more or less~ The lo~ width of this parcel varies from 60± fe~t along the front property lot to 90± feet along Great Pond. The dwelling as exists has a setback from the tie Southold Town Board of Appeals -29- June 25, 1986 Special Meeting (Appeal No. 3483 BELLDMO decision, continued:) line along the shoreline of Great Pond of 47± feet. Locating this accessory building in the rearyard wil~ require a variance under the provisions of Article XI, Section 100-119.2. In considering this appeal, the board finds and determines: (a} that the relief requested is not unreasonable and is not substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the area; (c) the circumstances of this parcel are uniqu~r; (d) the practical difficulties are sufficient to warrant the granting of a variance; ~(e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of the manner in which the difficulties arose and tn considering .~ll the above factors~ the interests of justice will best be served by allowing the variance~ as noted below. Accordingly~ on motion by Mr. Sawicki~ seconded by Mr. Douglass, it was RESOLVED~ that the relief requested for permission to locate a 16' by 16~.accesso~y ~ora§e building ~n the fron'tyard area BE AND HEREBY-'IS-'AP?ROVED~ in the Mat~er of the Application of PH~D'EL'LEN.~BEL~ppeal-~No~ 3483~-~SUBJECT TO ~HE FOLLOWING CONDI~IONS: 1. The accessory~ building be located a minimum of five feet from the easterly (side] property, l~ne~ 2. The accessory build%ng-be located a mi.n~mum of 20 feet from the southerly (fro~t) 9rope?ty. line; 3. No sleeping or hab%table qua~rs be permittedl 4~ The accessory building not be operate~ for gain (such as renta~ for bus%ness sto.?age, etc.) and shall be only for storage accessory-to the residence; 5, Vehicle doors ~o face to the west or north; 6. Accessory build%'~ be l~mited to one-stOry height; 7. There be no s~d'ey'ard r~ductions on pr~ncip.al dwelling structuYe to allow for sufficient access in the event of a fire emergency; 8. Proper screening along road side of building with a minimum height of three feet lw~th hedges or evergreen-type screening). Vote of the Board~ Ayes~ Messrs~ Goehringer~ Grigonis~ Douglass and Saw~cki', (Member Doyen of Fishers Island was absent..) This resolution was duly ad~ted. ~ ' Southold Town Board of Appeals -30- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3497: Application of MARJORIE D. PETRAS for a Variance to the Zoning Ordinance, Article III, ~tion lO0-31 for permission to construct addition in excess of maximum=permitted 20 percent lot coverage requirement at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87=5-006. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of MARJORIE D. P~RAS under Appeal No. 3497; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By_this application~ appellant requests permission to construct addition to an existing dwelling which wall exceed the maximum lot coverage as provided by Articl6 III, Section 100-31, Bulk and Parking Schedule of the Zoning Ordinance, from 20% to 26.7% as shown on survey prepared by Howard W. Young revised May 1, 1986. 2. The addition proposed, without the proposed deck area, has an area of 882 sq. ft. The proposed deck would have an area of 141 sq. ~t. The total percentage of lot coverage as exists is 17%, or 1469 sq. ft. The percentage of relief requested over the maximum 20%, or 1728.2 feet, is approximately 30% of a variance from the requirements, or 578.95 feet (over). 3. The premises in question is located along the southerly side of a private right-of-way referred to as "Koke Drive" containing an area of 8,641 sq. ft. [exclusive of" the "Koke Drive" right-of-way] and frontage (lot width) of ~00 feet as depicted on the May l, 1986 survey of Howard Young and deed at Liber 6605 cp 104 dated August 8, 1969. The Southold Town Board of Appeals -31- June 25, 1986 Special Meeting (Appeal No. 3497 - MARJORIE D. PETRAS, decision, continued:) subject premises is improved with a single-family one-story ~rame house set back 28.6 ~eet from the front property line (along the south side of the right-of-way}, set back 27.6 feet from the bulkhead along Corey Creek, and having sideyards of 8.4 feet on the west side and 19.8 feet on the east side. Also existing is an 8.2' by ~0.2' framed accessory shed, which applicant has not included as part of the relier re- quested since the shed will be permanently removed. 4. Submitted in support of the application additionally is a revised survey of May 19, 1986 by Howard W. Young which includes one-half of the 30' right-of-way. Appellants claim that an additional 1,050 sq. ft., (lO' by 105') should be included in the total lot area for a total of ~1,231 sq. ft., based on the subdivision map of the "Koke Estate" prepared by Otto VanTuyl, L.S. which shows a 50-foot wide right-of-way. However, in further reviewing these documents, it appears the parcel in question as shown on the "Koke Estate" subdivision map is of a size 100' by lO0' (exclusive of a 50' right-of-way). This would give a total depth of 125 ~eet, rather than a total depth of 152 feet (127 + 15 + 10) claimed by applicant. Although the ownership of this right-of-way appears undisputed, this board must v~ew the total lot area as that described in the applicant's deed and title documents, exclusive of the area within the 50' right-o~-way~ which is unbui~dable. 5. For the record it is noted there is a conditional variance rendered under Appeal No. 2090 November 6, 1975, concerning the location of an accessory building in the front- yard area 25 feet from the front property line, which applicant has agreed to void and which structure has been eliminated from the relief requested by this application. In considering this appeal, the board also finds and determines: (a) that the relief requested is not unreason- able and is not substantial in relation to the zoning require- ments; (b) there will be no substantial change in the character of the area; (c) the circumstances of this parcel are unique; (d} the practical difficulties are sufficient to warrant the granting of the relief requested; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, Southold Town Board of Appeals -32- June 25, 1986 Special Meeting (Appeal No. 3497 - PETRAS, decision, continued:) the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a variance for permission to construct addition for a maximum of 26.7% lot coverage~ or 2307 square feet, in the Matter of the Application of MARJORIE D. PETRAS under Appeal No. 3497, BE AND HEREBY IS APPROVED S--O~-~'ECT TO THE FOLLOWING CONDITIONS: 1. Permanent removal of the existing accessory shed in the frontyard area and automatic termination of the variance rendered November 6~ 1975 under Appeal No. 2090; 2. Total lot coverage, including all structures, shall not exceed 26.7%, or 2307 square feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3518: Application of MARJORIE D. PETRAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for insufficient setback of proposed additions from bulkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of MARJORIE D. PETRAS under Appeal No. 3518; 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, at said hearing all those who desirea to be heard were heard, and their testimony was recorde~; and WHEREAS, the board has carefully considered all testimony Southold Town Board of Appeals -33- June 25, 1986 Special Meeting (Appeal No. 3518 PETRAS, decision, continued}: and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: l~ By this application, appellant requests permission to construct two additions to an existing dwelling which are proposed to be located within 15 feet of the bulkhead along Corey Creek as restricted by Article XI, Section 100-119.2. 2. The additions proposed are: (a) to be attached along the (south} easterly section of the existing dwelling with a setback from the bulkhead along Corey Creek at its closest point of 37.7 feet (27.6.' from the proposed deck), and (b} to be attached at the northwesterly corner of the existing dwelling with a setback from the bul~head along. Corey Creek at its clos= est point of 67± feet, all as shown on survey amended May 19, 1986 prepared by Howard W. Young, L.S. 3. The premises in question is located along the southerly side of a private right-of-way referred to. as "Koke Drive" containing an area of 8,641 sq. ft. [exclusive of the "Koke Drive" right-of-way] and frontage (lot width) of lO0 feet as depicted on the May 1, 1986 survey of Howard Young and deed at Liber 6605 cp 104 dated August 8, 1969. The subject premises is improved with a single-family one-story frame house set back 28.6 feet from the front property line (along the south side of the right-of-way), set back 27.6 feet from the bulkhead along Corey Creek, and having sideyards of 8.4 feet on the west side and 19.8 feet on the east side. Also existing is an 8.2' by 10.2' framed accessory shed, which applicant has not included as part of the relief re- quested since the shed will be permanently removed. 4. Submitted for the record is a copy of Permit No. 752 from the Southold Town Trustees which permitted the construction of a "...bulkhead 65 feet across applicant's property .... " 5. it is also noted for the record that a conditional variance was granted by this board same date hereof under Appeal No. 3497 with conditions concerning limitations on lot coverage for all structures. In considering this appeal, the board finds and deter- mines that by permit%in§ new construction as noted below: (a) the variance will be minimal and not substantial in rela- tion to the zoning requirement; (b) there will be no substantial change ih the character of the district; (c) the circumstances are unique; (d) that the practical difficulties under these circumstances are sufficient to warrant the granting of a variance; Southold Town Board of Appeals -34- June 25, 1986 Special Meeting (Appeal No. 35t8 - PETRAS, decision, continued:) {e) there is no other method feasible for appellant to pursue other than a variance; if) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing a variance, as noted below. Accordingly, on motion by Mr. Goehringer~ seconded by Mr. Sawicki, it was RESOLVED, that a variance for permission to constuct_two additions within 75 feet of the existing bulkhead along Corey Creek, BE AND HEREBY IS APPROVED under Appeal No. 3518 in the ~atter of the Application of MARJDRIE D. ?ETRAS, SUBJECT TO THE FOLLOWING CONDITION: There be a setback from the existing bulkhead along Corey Creek of the proposed new construction not closer than 37,6 feet (delete extention of deck). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted~ Southold Town Board of Appeals -35- June 25, 1986 Special Meeting PENDING DECISION~ Appeal No~ 3491: Ap~pl~cation of DDNALD J. GRIM for a Special Exception to the Zoning Ordinance_~ Article IX, Secti.~n 100=90 for permission to construct storage building and es~.ablish outside 9tockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Proper~y: Lot No. 2, (Pending) Minor Subdivision No. 450 of L.B. Glover, south side of Oregon Road~ Cutchogue; County Tax Map Dis~?i.ct 1000, Section 83, Block 3, Part of Lot 4.4, containing 4~59 acres. Following deliberations, the board took the following action: WHEREAS~ a public hearing was held and concluded on May 22~ 1986 in the Matter of the Application of DONALD J. GRIM under Application No. 3491~ 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, at said hearing ~ll those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Special Excep- tion to the Zoning Ordinance, Article IX, Section lOO-90 for permission to construct 40' by 60' garage/-storage building and establish outside stockpiling of materials as shown on site plan dated March 10, 1986 prepared by Sealand Surveying° 2~ The premises in question is located in the "C-l" Heavy Industrial Zoning District~ contains an area of 4.5913acres (or 199,997 sq. ft.) with frontage along the south side of Oregon Road of 362~05 feet and is identified on the Suffolk County Tax Maps as District lO00, Section 083, Block 03~ part of 4.4. The subject parcel is referred to as Lot #4 of Pending Minor Subdivi- sion No. 450 of L~B. Glover before the Southold Town Planning Board. 3. The proposed garage and storage building is shown on the March 10, 1986 site plan to be set back 150 feet at its closest corner from the front property line and set back 50 feet from the Southold Town Board of Appeals -36- June 25, 1986 Special Meeting (Appeal No. 3491 - GRIM, decision, continued:) westerly (side) property line. The area for stockpiling of materials (such as gravel, sand, etc.) is to be located 100 feet from the rear property line, and 50 feet from both side property lines. In considering this application, the board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use ot adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town~ (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that a Special Exception for permission to construct 40' by 60' garage/storage building and establish stockpiling of materials, all as shown by Site Plan prepared by Sealand Surveying dated March 10, 1986, in the Matter of the Application of DONALD J. GRIM, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the area to be used for stockpiling be screened with stockade fencing of between 4 and 6 feet in height, or evergreens having a minimum height of four feet, along the road (north) and westerly sides. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.} This resolu- tion was duly adopted. Southold Town Board of Appeals -37- June 25, 1986 Special Meeting PENDING DECISION: Application No. 3498: Application of GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to construct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES under Application No. 3498; 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, at said hearing all.those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a SPecial Excep- tion to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to construct a 272 by 30' addition along the easterly side of the existing building for use as a library in conjunction with the Greenport New York Conc§regation of Jehovah's Witnesses use as a religious establishment. The addition will be set back not closer than 24 feet from the southerly property line and 70 feet from the easterly property line, all as shown on survey amended March 7, 1986, prepared by Roderick VanTuyl & Son. 2. The premises in question is located in the "A" Resi- dential and Agricultural Zoning District, containing a lot area of 20,625± sq. ft. with 165' frontage along the south side of Spring Lane and 125' frontage along the east side of Indian Neck Lane. The surrounding properties are also located in the "A" Zoning District. 3. The subject premises is presently improved with an Southold Town Board of Appeals -38- June 25, 1986 Special Meeting (Appeal No. 3498 JEHOVAH WITNESSES, decisions continued:) one-story frame building of approximately 1,680 sq. ft. which is set back 40 feet from its front property line along Spring Lane and 38 feet from its front property line along Indian Neck Lane, and 24 feet from the southerly property line. 4. It is noted that this project will require site-plan and parking approval from the Southold Town Planning Board, which is pending this board's determination at this time. In considering this application, the board finds and determines that: (a} the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)L2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that a Special Exception for permission to construct an addition of a maximum size 27' by 30' as shown on survey amended March 7, 1986, prepared by Roderick VanTuyl, P.C. for religious/library use, as applied under Application No. 3498 in the Matter of GREENPORT NEW YORK CONGREGATION OF JEHOVAH WITNESSES, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: That parking for this use should be kept on the premises (on-site) at all times. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. Southold Town Board of Appeals -39- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3506: Application of ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead~ at 62140 Main Road, Southold, NY~ County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc., Filed Map #535, Lots 1-9 inclusive. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings ~ fact: I. The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25), in the Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 6, Lots 4, 6 (presently owned by Port of Egypt Enterprises). 2. The subject premises consists of a total area of 10.5± acres (including land under water) with 600± feet frontage [lot width]. Premises adjoining this property on the westerly side is presently owned by C & L Realty~ Inc. which was not made a part hereof. Existing are numerous buildings, all as shown on s~te plan mapped April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl, P.C. (see other pending applications of Port of Egypt under Appeals No. 3524 and 3625, and 3494 and 3495}. 3. By this application, appellant requests permission to construct an "H"-shaped open deck area and two ~' by 6' seafood Southold Town Board of Appeals -40~June 25, 1986 Special Meeting (Appeal No. 3506 CAPPA, decision, continued:) holding tanks at the southerly area of the existing restaurant building and extending to the ~nner edge of the existing bulk- head, all as shown by plan prepared by Briarcliff Landscape dated April 28, 1986. The widths of the deck areas are eight feet with two lengths of 68 feet and the other /9 feet. The center deck is proposed of a size 10' by 14' 4. Article XI, Section lO0-119.2(B) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the ~ong Island Sound to be set back not less than seventy-five (/~)_~ee~_ from the ordinary highwater mark of such tidal water body~ or not less than seventy-five (751 feet from~the landward edge of the tidal wetland, whichever is greater. b. It is the opinion of the board members that for the best protection of the public (customers, employees, etc.), it would be best if the eight-foot by 68-foot deck section along the bulkhead be eliminated, allowing for a minimal setback of eight feet. In considering this appeal, the board finds and determines that by locating the proposed deck and seafood storage tanks at a minimal distance of eight feet from the inner eoge of the existing bulkhead: (a} the variance will be the minimum necessary; (b) the circumstances are unique~ (c} the practica! difficulties are sufficient to warrant a granting o~ this variance; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial~ (f) the circumstances are not shared by other properties generally existing in the neighborhood; (g} that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as condi- tionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Variance for permission to construct open deck area (not to exceed 8' oy 79' and 1u' by 14~) and two 4' by 6' seafood-storage tanks, within 75 feet of the Southold Town Board of Appeals -41~ June 25, 1986 Specs'al Meeting (Appeal No. 3506 - CAPPA, decision, continued:) existing bulkhead and highwater mark, BE AND HEREBY Is APPROVED in the Matter of the Application of ARMANDO J. CAPPA, Appeal No. 3506, SUBJECT TU THE FOLLOWING CONDITIONS: 1. That the eight-foot by 6N-foot (6' by 68') open deck section be deleted, limiting this variance to permit the 8' by 79' and 10' by 14' sections, 2. That the proposed deck area and seafood-storage tanks not be located any ~ur~.~er than 22 feet from the south (rear of the existing restaurant bui. lding. _ Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. PENDING DECISION: Appeal No. 3479: Application or JOHN P. SGUUROS for a Variance to the Zoning Ordinance, Article III, Section lDO-31, Bulk Schedule, for approval of two parcels known as Subdivision Lots #22 and #23, "Stars Manor" Subdivision Map No. 3864, approved by the Planning Boawd 9-19~1963, having insufficient area, width and depth, located alon~Q the West Side of Stars Road, East Marion~ NY; _County Tax MaR~ Parcels No. 1000-22-2-20 and 21o Following d'eliberations, the board took the following action: WHEREAS, public hearings were held on May l, 1986 and May 22, 1986, in the Matter of the Application of JOHN ~. SGOUROS under Appeal No. 3479; 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, at said hearing all those who desired to be heard were heard, and their testimony was recOrded~ and WHEREAS, the board has carefully considered all testimony and~documentation submitted concerning~ this application; and WHEREAS, the board made the fo'llowing findings of fact: Southold Town Board of Appeals -42- June 25, 1986 Special Meeting (Appeal No. 3479 SGDUROS decision, continued:)] 1. The premises in question is located in the "A" Resi- dential and Agricultural Zoning District along the west side of Stars Road, in the Hamlet of East Marion, more particularly known and identified as Subdivision Lots 22 and 23 on the "Map of Stars Manor," approved by the Southold Town Planning Board September 19, 1963, and as County Tax Map parcels No. lO00, Section 22, Block 2, Lots 2U and 21. 2. The subject premises as a whole consists of a total area of one acre with 208± feet along Stars Road and is presently unimproved. 3. By this application, appellant requests approval of the reseparation of Subdivision Lots #22 and #23 as existed prior to 197q. The lots are shown on map prepared by Roderick VanTuyl, P.C., dated February 27, 1986, as follows: la) Lot #2, or Subdivision Lot #22~ of an area of 21,938 sq. ft., front- age along Stars Road of 140± feet, and lot depth of ~20 feet; (b) Lot #1~ or Subdivision Lot #23 of an area of 20,210 sq. ft., frontage of ~68.42 feet, and lot depth of 120 feet. 4. Submitted for the record by applicant are: (a} copies of two separate tax bills for the two parcels; (b) copies of two deeds, at Liber 9722 cp 531 and at Liber 9722 cp 533, dated December 26, ~984, showing conveyances from Pan,elis Sgouros to John Panos Sgouros. 5. It is also noted that by letter dated May 13, 1986, an opinion was received from the Town Attorney indicating that although Planning Board approval was given i~ 1963, the lots do not meet the requirements of Article III, Section IOO-31(A) since each lot was not "held in single and separate ownership prior to November, 1971, and thereafter .... "and are therefore governed by Column 40(A} of the Bulk and Parking Schedule, requiring this variance. 6. The character of the lots along the west and east sides of Stars Road is lots of a similar size to that proposed by this request. In considering thi~ appeal, the board also finds and oetermines: (a) that sufficient practical difficulties have Southold Town Board of Appeals -43- June 25, 1986 Special Meeting (Appeal No. 3479 - SGOUROS decision, continued:} been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood~ {c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) the relief requested is not substantial; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f} that the variance will not in turn cause a substantial effect of ~ncreased population density or be adverse to the safety, health~ wel'fare, comfort, 'cDnvenience and order of the town_; '._~_g) that ~n view of the manner in which the _~ifficulty arose and in con- sideration of all the aboYe factOr~ the interests of justice will best be served by allowing the va~'iance, as conditionally noted below. A'ccordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it. was RESOLVED, that the relief requested under Appeal No. 3479 in the Ma~ter of the Application of JOHN P. SGOUROS for approval of Subdivision Lots ~22 and ~23 having insuffi- cient area, width and depth, as shown on the Stars Manor Subdivision Map approved by the Planning Board September 19, 1963, and by survey mapped by Roderick Van~uyl, P.C. Pebruary 27, I986, BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehri ger, Grigonis, Do~glass and Saw~cki. (Member Doyen was absent. This resolu~ tion was duly adopted. Southold Town Board of Appeals -44- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3065: Application of JOHN M. KERBS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY; County Tax Map District 1000, Section 55, Block3, Lot 3. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of JOHN M. KERBS under Appeal No~ 3065; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zonings and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this appl-ication~ and WHEREAS, the board made the following findings o? fact: 1. The premises in question is located along the south side of Middle Roan, or County Route 48, in the Hamlet of Southold, having a total acreage of 6.804 with frontage of ~91.88 feet and lot depth at the westerly end of 289.30 teet and at the easterly end of 715.52 feet. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 3, Lots 3 and 4.1 (4 and 2). The subject premises was conveyed by two deeds at Liber 3441 pp. 33 and 36, November 22, 1962, to Mr. and Mrs. John M. Kerbs. 2. By this application~ as amended by letter dated April 1986, and submission of survey maps amended April 24, 1986, prepared by Roderick VanTuyl~ P.C., applicant requests approval of insuffi- cient lot area of not less than: (a) 70,000 sq. ft. for proposed Lot #1, exclusive of 25' right-of-way running along the westerly side line; (b) 62,000 sq. ft. tor proposed Lot #2, w~ich is presently improved with a single-family dwelling and accessory garage/storage building located in the rear yard; (c) 63,000 Southold Town Board of Appeals -45- June 2b, 1986 Special Meeting (Appeal No. 3065 KERBS, decision, continued:) sq. ft. for proposed Lot #3. Proposed Lot #4 does not require an area variance since it contains an area exceeding 80,000 sq. ft. in area and is intended for single-family purposes. 3. The board is in agreement with the applicant as to the unusual shape, which lends to the adjustment of varied lot area as proposed. In considering this appeal, the board also finds and determines: (a} that sufficient practical difficulties have been shown to warrant the granting of this variance~ (b) the circumstances are unique and not shared by all other properties ~n the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d} the relie? requested is not substantial; {e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance~ (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, weflare, comfort, convenience and order of the town; (g) that in view of the manner in which the difficulty arose and in con- sideration of all the above factors., the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3U65 in the Matter of the Application of JOHN M. KERBS for approval of three parcels as shown on survey mapped April 2~, 1986~ for insufficient lot area of not less than: (a} Lot #1 of 70,000 sq. ft.; (b) Lot #2 of 62,000 sq. ft., (c) Lot #3 of 63,000 sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Lot #1 must be serviced by public water (as provided along C.R. ~8)~ 2. No further lot area reductions of Lots #1, #2, or #3 to less than that requested herein. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ Douglass and Sawicki. (Member Doyen was absent.) This resolu- tio~ was duly adopted. Southold Town Board of Appeals -46- June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3492: Application of JOYCE TESE for a Variance to the Zoning Ordinance, Article III, Section 100-32C for permission to locate accessory three- car garage in the frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section ll7, Block 10, Lot 5. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 2.2, 1986 in the Matter of the Application of JOYCE TESE under Appeal No. 3492; 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, at said hearing all those whD desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is' locat~ along the south side of Jackson Street, in the Hamlet of New Suffolks with a total acreage of 2.25 acres and road frontage of 127 feet, and is more par'ticularly identified on the Suffolk County Tax Maps as District 1000~ S.ec~i_on 117, Block 10, Lot 5. 2. The subject premises is located in the "A-80" Residential and Agricultural Zoning District and is presently improved with a single-family, 2½-story frame house-and-garage 6tructure, set back approximatel~y 390± feet from the front property line, 37± feet from the line delineated "top of bluff" as shown on survey prepared March 25, 1986 by Peconic Surveyor & Engineers, P.C., and minimum sideyards of 64 feet. Also existing is an accessory gazebo structure shown on the subject survey to be in the rearyard area a distance of 18.8' from the westerly side property line. 3. By this application, appellant requests permission to l~ca~6~a 24' by 40' three-car garage accessory to the residential use of the premises for storage purposes and having setbacks from Southold Town Board of Appeals -47- June 25, 1986 Special Meeting (Appeal No. 3492 TESE, decision, continued:) the front property line at ngt closer than 61 feet and not closer than five feet to the westerly side property line. 4. It is the opinion of the board that there is no other alternative available for applicant to pursue other than a variance, and the board agrees with the reasoning of the appli- cant, as noted below. In considering this appeal, the board also finds and determines: (a) that sufficient practical difficulties have been shown; (b) that the Circumstances of the premises are unique; (c) there will be no substantial' change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance since the rearyar~_'~building envelope" is within 75' of a tidal water body; (f) t~at the variance w~ll not in turn cause a._substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) that in view of the manner in which the difficulty, arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr~ Douglass, seconded by Mr. Goehringer,.~i..~ was RESOLVED, that permission to locate a 24' by 40' accessory three-car garage in the frontyard area applied under Appeal No. 3492 in the Matter of the ApRlication of JOYCE TESE, BE AND HEREBY IS APPROVED'SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this accessory structure be located no closer than 10 feet from the westerly side property__line and no closer than 70 feet from the front.~roperty line~ 2. That this accessory structure be used only for storage and garage purposes incidental to the principal use of the premises, and not to be operated for gain, rental, sleeping or living quarters. 3. All water on the property shall be retained on site, and if necessary, storm drains or drywells shall be installed on the south and west sides of this building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. -48- Southold Town Board of Appeals June 25, 1986 Special Meeting PENDING DECISION: Appeal No. 3493: Application of~WELLS PONT~AC~CADILLAC for Variances to the Zoning Ordinance, Article VI: ~ Section 100-60(£)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign, and (b) SectiOn 100-60(C)[2](b)[4] for permission to place wall sign with~p~ojectionof more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane),._ Peconic, NY; County Tax Map District lO00, Section 75, Block 1, Lot .14. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of WELLS PONTIAC-CADILLAC under Appeal No~ 3493; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a corner lot fronting along the east side of Pec~nic Lane and the north side of the Main Road (a/k/a State Route 25), in the Hamlet of Peconic, and contains a total lot area of 2.9± acres. The subje~ parcel is located in the "B-l" General Business Zoning Distric%. 2. By this application, appellant requests the following: (a) to replace an existing ground E~gn ~th ai~ize~o~ a.~iz6 8~8¼' by 8'8¼", which exceeds the maximum height requirement of 6'6" o~ ~e fa~, and at a height of 28 feet from top to grade, ~hich exceeds the maximum height at the ~pper ~edge of sign permitted of 15'6" above the ground; (b) to erect a wall ~sign..of a size 4'9" b~ 4'9/16" which would project more t~an one foot from the wall 3. For the record, it is noted that a "parts and service" wall Southold Town Board of Appeals -49- June 25, 1986 Special Meeting (Appeal No. 3493 - WELLS PONTIAC-CADILLAC, continued:) sign of a size approximately 5' by 3' was approved under Appeal No. 2709 on August 14, 1980. Also noted are the ~ollowing actions: (a) special exception to erect second ground sign under Appeal No. 2075 on September 25, 1975; (b) permission to relocate existing wall sign located at the northeast corner under Appeal No. 1312 on January 8, 1970; (c) permission to erect a wall sign. to replace presen~ sign (84" by 96") under Appeal No. 795 on September 16, 1965; (d) parmission to erect ground sign exceeding maximum height requirements at the northeast corner of Main Road and Peconic Lane under Appeal No. 976 on October 6, 1966. 4. It is the opinion of this board that the existing signs are sufficient for the purposes of advertising on-premises bu_~siness uses~ and that the variances requested are not the minimum neces, sary since they are newly proposed or replacement signs which can easily conform with~.the zoning requirements. It is therefore the opinion of this board that the practical difficulties under the circumstances are self-imposed and are not sufficient to warrant the relief as requested. Although there appears to be other s~gns similarly existing within the township., this board does not feel it has authority to grant variances to the subject premises without sufficient practical difficulties. In considering this appeal, the board also finds and determines: (a) the circumstances have been imposed by the company and are not unique; (b) the practical difficulties claimed are not sufficient to warrant a granting of the variances requested; (C) there would be a change which may set a precedent for the township; (d) the relief requested is substantial in relation to the zoning requirements; (e) that there i6 another method feasible for appellant to pursue other than a variance; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factor~ the interests of justice will best be served 'by de'~ying the variances, as applied. Accordingly, on motion by Messrs. Goehringer and Dou.§lass, second~ by Mr. Grigon~s, it was RESOLVED, that the ~elief requested under Appeal No. 3493 in the Matter of~WELLS PONT~AC~CAD~LLAC BE AND HE~REBY IS DENI~ED~WITHOUT PREJUDICE. -- Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and ..Saw. icki. (Member Doyen was absent.) This resolu- ti~ was duly adopted. Southold Town Board of Appeals -50- June 25~ 1986 Special Meeting PENDING DECISION: Appeal No. 3512: -Ap.pli~ation of"SAMU~ B~L for ~ariances to the Zoning Ordinance, Article ~ZI, Sectio~lOOa~l., Bulk Schedule, 'for permission to construct deck addition and roof over cellar stairs which exceeds the maximum- permi~tted 20 percent lot coverage and roof overhang will reduce sideyard setback to less than that permitted. Location of_Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. lOQO-144-Ql-O15. Foll6w~ng deliberations~ the board to.ok the following action: WH~'REAS~ a public heari'ng was held and concluded on June 19, 1986 in the Mattel.or.the Application ~y"SAMUEL B~IL under ~Appeal No. 3512; and WHEREAS, the board members have personally viewed and are familiar with the pre.m~ses in question~ its p[e%ent zoning, and the surrounding areas~ and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony ~as recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings off, act: 1. The premises in question i'-~' located along the west side of Sigsbee Road, House No. 1980, in the Hamlet of Mattituck, with a lot width of 50 feet, lot depth of 145± feet, and total lot area of 7,250± square feet. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section t44, Block 1, Lot 15, and is improved with a single-family, one-story dwelling and accessory 20' by 23' garage located in the rear yard. 2. The subject parcel is located in the "A" Residential and Agricultural Zoning District~ which provides for a maximum lot coverage of all structures at 20% of the total lot area, or 1450 sq. ft., and limited sideyards of 10 and 15 feet, or the established, which is eight feet and 17.4 feet. 3. By this application, appel'lant requests variances: Southold Town Board of Appeals -51- June 25, 1986 Special Meeting (Appeal No. 3512 BAIL decision, continued:) (a) for permission to construct an ll' by 17' deck addition at the rear of the existing dwelling having a setback from the rear property line at 35 feet and from the westerly side property line at 10 feet, which exceeds the present lot coverage of 1796 square feet with an additional 170 square feet, and (b) for permission to construct roof overhang of approximately 45" by 14'2'~ deep, leaving a reduced sideyard at not less than 50 inches, and exceeding the lot coverage limitation by an additional 70 square feet. The total lot coverage in excess of the existing 1796 square feet i's 241± feet, fom a total ~f 2036 square feet. Twenty-percent of the _total lot area is 1450 square feet. 4. It is the opinion of the board that the variances requested are minimal and that the roof overhang is necessary to prevent water from accummulating in the existing cellar stairway. In considering this appeal, the board also finds and determines: (a) that the difficulties claimed are sufficient to warrant the granting of this variance~ (b) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties~ (c) that the relief requested is not substantial; (d) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (e) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort~ convenience and order of the town; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allow- ing variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass~ it was RESOLVED, that the relief requested under Appeal No. 3512 in the Matter of the Application of SAMUEL BAIL for permission to construct 11' by 17' deck addition at the rear of the dwelling and 45" roof overhang along the westerly side of dwelling, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:-- 1. That there be no further reduction of sideyards; 2. That the deck remain open, not to be enclosed or used as additional living area; 3. Roof overhang shall not exceed farther than one foot past ~dge of stairway. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki~ (Member Doyen was absent.) This resolution was duly adopted. Southold Town Board of Appeals -52- June 25, 1986 Special Meeting SET-UPS FOR HEARINGS: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the following matters be and hereby are scheduled for public hearings to be held THURSDAY, JULY 17, 1986, by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, New York, and be it further RESOLVED, that the Secretary is hereby authorized and directed to publish notice of the following hearings in the Suffolk Times and L.I. Traveler-Watchman: 7:35 p.m. Appeal No. 3529 - PAUL KELSCH. Deck addition with insuffi.~ient rearyard. 405 Wendy Drive, Laurel. 7:40 p.m. Appeal No. 3526 BRUCE AND SHIRLEY SIEVERMAN. Deck addition to existing dwelling, attaching an existing pool, leaving an insufficient setback from the southerly ~proper%y line. Corner of Aquaview Avenue and Rocky Point Road~ East Marion. 7:45 p.m. Appeal No. 2529 - RICHARD AND ALICE MCMANUS. Constructio~of open porch in excess o~"30 Sq: ft~ in area, requiring a variance for insufficient setback from the front property line at 710 Cedar Lane, East Marion. 7:50 p.m. Appeal No~ 3531 ALBERT J. BRENEISEN. Accessory pool, 'deck and fence encl~sOre'withi~--75 of mean high wa~er along Dawn Lagoon. 715 Dawn Drive, East Marion. 7:55 p.m. Ap~al No~ 2'521 ANDREW~AND WILLIAM GOODALE~ Reduce living area in this preexisting, nonconforming dwelling unit to less than 850 sq. ft. "B-I" Zone. 7655 Main Road, Laurel. 8:00 p~m. Appeal No. 3523 - STEVE KALAIJIAN. Lot area-- Lot #2. N/s Private ROW extending off the North Side of Bergen Avenue, Mattituck. 8:10 p.m. Appeal No. 3517 ~ ROSALIE GOWEN. (1) Lot area, (2) Lot dep.th, (3). lot width, of two parch. Is. Corner of Zena Road, Cpt. Kidd Drive and Central D~ive, Mattituck. Southold Town Board of Appeals (Set-Ups for 7/17/76, continued:) 153- June 25, 1986 Special Meeting 8:15 p.m. Appeal No. 3522 NORTH'FORK BANCORP. Ill One large ~ og~p~emises _ID sign in excess of maximum height and width requirements and [2] Second onrpremises IDZdi-rectory sign. 9025 Main Road, Mattituck. "B-Light Business'~ Zone. 8:20 p.m. Appeal No~ 3527 ROBERT AND CHARLDTTE WISSMAN. Variances to locate new dwelling with reduced: ~T] side- yards, [2] frontyard, [3]. rearyard, [4] setback from highwater. 715 Gull Pond Lane~ Greenport. (As amended 7/16) 8:30 p~m~ Appeal No. 3~28 ~ BERTHA'ku.RCZE~s~'~. Insufficient- lot area and frontage of two'~arcets. E/s Depot Lane, Cutchogue~ 8:40 p.m. Appeal No. 3513 STEPHEN SHILOWITZ. Condominiums within 75' of bulkhead and ti--~l water. '~/s Sixth Street~ ~eenpo~t. "M-Light Multiple R6sidence" Zone. 9:00 p.m~ Appeal No~ 3510 R~CHARD AND RUTH ZEIDLER. Pool, deck and fencing within 75~'ffeet of bulkhead and tidal water. 100 McDonald's Crossing, Edgemere Park, Laurel. 9:15 p.m. Appeal No. 3489 PAUL LEARY for r~versal of building ins_pector's decision concerning property of ~RANK'AND MARY BROPHY, 75 Second Street, New Suffolk. Vote of the Board: Douglass, and Sawicki. t~:on was duly adopted. Ayes: Messrs. Goehringer, Grigonis, (M~mber Doyen was_.absent.) This resolu- ~'PENDING'CONTINUED HEARING: Appeal No. 3477 WILLIAM AND ~ATHER~NE~ -Area, Width and de~th variances. (Contineed from 6/19/86 public hearing). The board was advised that as of this date, an updated survey has not been furnished by the surveyor as requested by Mr. Tohill. The board members authorized the Secretary to advertise this matter for a continued public hearing in the event the surveys are received by this coming meeting's advertising deadline. Southold Town Board of Appeals -54- June 25, 1986 Special Meeting NEW'APPLICATIONS RECENTLY FILED: The board members reviewed each of the fqlloWin§ new matters and will arrange field inspections in the near future before scheduling same for public hearing~: (a) Appeal No. 3433 - DESSIMOZ AND RACZ. The board authorized advertising of this matter for public hearing to be held at the Regular Meeting during late July/early August [to be confirmed by the board at the next meeting]. 280,a, Hallock Lane, Mattituck. (b) Appeal No. 3532 - ARTHUR BURNS. Tennis Court in frontyard. ROW off W/s~.~Ruth Road, Mattituck. (c) Appeal No. 3531 ALBERT BRENEISEN. Pool, deck and fence within 75' o.f wetlands. Dawn Deive, East Marion. (d) Appeal No. 3533 - JOHN BREDEMEYER. Insufficient rear and wetland setbacks. Bay Avenue, Orient. NEW APPLICATION: GEORGE D. DAMIENo The board acknowledged receipt of correspondence f~om the applicant dated June 13, 1986, received June 18, 1986, which advised the status of the applications with the Suffolk County Department of Health for Article ~I Subdivi- sion approval, and recent submission to the Planning Board for a set-off. There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 9:45 p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals I ECEIVED AND FILED BY THE $OUTHOLD TOWN CI.l~p~: D~ PIOUR/~:~:a ,v~ .... Town~ Clerk, Town of Sc-