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Home My WebLink AboutZBA-05/28/1986 SPECSouthold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 -c:OUTHOLD, L.I., N.Y. 11cfl'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI MINUTES SPECIAL MEETING WEDNESDAY, MAY 28, 1986 A Special_Meeting of the Southold Town Board of Appeals was held on Wed.ne~d~y, M'ay 28;"1986 at 7:20 o'clock p.m. at the Southold Town Hall,'Main Road, Southold, New York 11971. Present were: Gerard P. Goeh~ringer, Chairman; 'Charles Grigon~s, 'Jr~ 'Serge ~'~yen~"O~;_.Rober~_'J~ Douglas~; and JO~.ph H..$~.tckt~__~onst~tu~.~'pg a~] .f.i~e members of the B~ard ~? Ap_pe6ts~ Also present We:rff..;._-~.~9.r Lessa~'~.B~ilding- Dep~.~tment-Exec~tive Adm%nistrator, and ~.inda Kowalski,_Z,B.A. Clerk and Secretary. _ The Chairman opened the mee.ting at 7120 p.m~ and proceeded with the first matter on the agenda, as follows: DELiBERATIONS/PENDING DECISION: Appeal No. 3468: Matter of WARREN AND MARY BRADY. Z.B.A. Public Hearing was held and concTuded on Apr~l~9-_8~6. (continued on page Southold Town Board of Appeals -2= May 28, 1986 Special Meeting PENDING DECISION: Appeal No. 3469: Application of WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area~ at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. Following deliberations, the board took the following action' WHEREAS~ a public hearing was held and concluded on April 3, 1986, in the Matter of the Application of WARREN AND MARY BRADY under Appeal No. 3469; and WHEREAS, the board members have personally viewed and are familiar with the premises in question~ its pre.sent zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board ha~ 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 located along the north side of a private rig.hr-of-way (partly traveled) known as Private Road #13 which extends off the north side of Bergen Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 1052 Block 012 Lot 5. 2. The subject premises consists of a total area of five acres, with frontage along the private right-of-way of 200 feet and lot depth of 1086± feet extending in a northerly direction to the Long Island Sound~ The premises is improved with a single-family dwelling set back very closely to the bluff along the Long Island Sound~ There are twQ accessory buildings as follows: (a) 28' by 20' and (b) 16' by 30', both for storage purposes incidental to the existing dwelling and not operated for gain. 3. By this application, appellants request permission to locate an 30' by 48' accessory barn/storage structure S6uthold Town Board of Appeals -3- May 28, 1986 Special Meeting (Appeal No. 3469 - BRADY, decision, continued:) landward of the existing dwelling in the front yard area 100 feet from its front (southerly) property line, 52 feet from the west property line, and lO0± feet from the east property line as shown by survey amended December 3, 1985, prepared by Roderick VanTuyl, P.C. 4. It is the opinion of the board members that the property consists mostly of "frontyard" area and that the most feasible area would be at least 100 feet from the Sound bluff (per Article XI, Section 100-119.2(A)). The area chosen by the applicant is set back farther than a principal building would normally be required on a vacant lot in this "A-80" Agricultural and Residential Zoning District. 5. For the record, there is a Certificate of Occupancy dated April 27, 1966 under No. Z2407 for the private single- family dwelling, and written easement at Liber 8463 cp 378 dated July 6, 1978 from Stanley Sledjeski to the applicants for access over the right-of-way extension to the east des- cribed in "Minor Subdivision #90, April 30, 1974." In considering this appeal, the board finds and deter- mines that the variance should be granted because: (a) the proposed structure will not be adverse to neighboring properties; (b) the circumstances of the property are unique; (c) the practical difficulties shown are sufficient to warrant a granting of the requested relief because there is very little buildable rearyard area and any other location on the premises would require additional variances; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3469 in the Matter of the Application of MR. AND MRS. WARREN BRADY for permission to locate 30' by 48' accessory barn ~ucture in the frontyard area not closer than 100' from the front (northerly) property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The structure is limited to storage use incidental to residental use of the premises and not operated for gain~ Southold Town Board of Appeals -4- May 28, 1986 Special Meeting (Appeal No. 3469 - BRADY, decision, continued:) 2. Overhead doors shall not face the right-of-way (southerly property line); 3. There shall be no backing out onto the right-of-way (access area). Vote of the Board: Ayes: Messrs~ Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3476: Application of ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27, 1985, which conditionally granted use of lot for mooring~ dock and storage building (Article III, Section 100-30- ~(B)[9]) and insufficient lot area and width (Bulk Schedule), to allow the construction of a single=family residence. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on Apr.il 3, 1986, in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN, under Appeal No. 3476; 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 recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the followi'~g findings of fact: lo The premises in question i's located along the east side of Gull Pond Lane distant 637.82 feet from the southeasterly side of Middle (~orth] Road~ in the Hamlet of Greenport~ and is identified on the Suffolk County Tax Maps as District lO00~ Section ~5, Block 04, Lot 007.6. Southold Town Board of Appeals ~.5- May 28, 1986 Special Meeting (Appeal No. 3476 - ROBERT AND CNARLOTTE WISSMAN, decision, continued:) 2. The subject premises consists of a total area of 17,934 sq. ft. with frontage along Gull Pond Lane 140 feet, more or less, and lot depth of 170 feet. The premises is presently vacant and constructed along the most easterly (rear) property line is a bulkhead of 100 feet, more or less, in length. 3. By this application, appellants request relief from prior Appeal No. 2006, Condition No. 12 rendered February 27, 1975 for approval of this substandard parcel for residential use. 4. On February 6, 1975, predecessors in title (Claire Brody and Others) applied for a Variance to the Zoning Ordinance, for approval of four substandard lots, each containing approximately 21,000± square feet in area ano insufficient lot width of 140± feet, requiring a Variance from Article III, Section 100-31, Bulk Schedule, which required a minimum lot size of 40,000 sq. ft. and 150 ft. lot width. Also requested was permission to dock not more than two boats other than their own as permitted by Article III, Section 100-30(B)[9]. 5. Article III, Section lO0-30(B)[9] of the Zoning Code provided as follows: ...B. Uses permitted by Special Exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board ... (9) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use... 6. In rendering a decision on February 27, 1975, the Board of Appeals approved the insufficient lot area of proposed Lots As B, C, and D as shown by sketched survey (surveyed January 15, 1970). Each lot on the 1/15/70 survey is shown to be bordering at its easterly (rear) property line along the edge of a dredged canal (without bulkheading). It is the understanding of this board that during 1974-1975, the applicants were not able to obtain approval from the Suffolk County Health Department for the proposed subdivision or for the construction of new dwellings. The Board Southold Town Board of Appeals -6- May 28, 1986 Special Meeting (Appeal No. 3476 - ROBERT AND CHARLOTTE WISSMAN, decision, continued:) of Appeals placed the following conditions in its Febru- ary 27~ 1975 decision: (1) written covenants restricting or prohibiting this property for residential use, without approval of the Board of Appeals, shall be filed in the Suffolk County Clerk's Office; (2) That before applicant may be permitted dockage and mooring pri.~ileges for small boats as an accessory us~ a spg~.~al exception shall 'be 6~pTied fo[~from the Board of Appeals; (3) Site plan approval shall be obtained from the Planning Board; (4) Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health; (5) That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions .... 7. For the record, it is noted that written Covenants were executed by the predecessors in title dated November 28, 1978 declaring the four lots will not be used for residential purposes, binding successors and assigns in title. 8. It is also noted for the record that: (a) the parcel immediately south (Lot B) of the subject premises (Lot C) received site plan approval from the Town Planning Board 1/9/79 as required by prior Applications, Special Exception No. 2032 [Harold Stetler] dated May 1, 1975, and Variance No. 1954 [Brody and Others] dated February 27~ 1975; (b) on 9/23/80, Board of Appeals' actions taken between the period from 1/1/71 through 9/5/79 concerning lot line changes or subdivisions of lands, were granted by the Planning Board~ (c) the subject parcel, Lot C, was issued-a Certificate of Occupancy dated June 15, 1984, No. Z- 12559 indicating its status as a "single and separate lot" from the Building Inspector, and receiVed Suffolk County Health Department approval on 1/6/84, No. t4-SO-Ol; (d) the parcel immediatel~y north referred to as Lot D, was improved with a single-family dwelling as per Certificate of Occupancy #Z-13071 dated December 18, 1984, and received Suffolk County Health Department approval on zNovember 26, 1984, #12-S0-13. Southold Town Board of Appeals ~7-.May 28, 1986 Special Meeting (Appeal No. 3476 ROBERT AND CHARLDTTE WISSMAN, decision, continued:) 9. In reviewing the surveys/sketches submitted under this application, it is the position of the town that once a complete application has been submitted to the Building Department for a construction permit, additional reviews will be made and an additional variance application may be necessary (100-119.2) as well as compliance with the Floodplain Management Law (Ch. 45) for a minimum elevation of the lowest floor at ei. ght feet above mean sea level for this ~LA-7'J Flogd ZOn~..~ ..... In considering this appeal, the ~rd find and determines that the relief requested sho_uld be approved as applied since: (a) the circumstances are unique; (b) the practical difficulty claimed is sufficient to warrant a granting of the variance~ (c) the history of this parcel and actions taken lend to the practical difficulties of the appellants; (d) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to grant relief as requested under Appeal No. 3476 in the Matter of the Application of ROBERT AND CHAR- LOTTE WISSMAN for approval of the subject 17,934± sq. ft. lot for single-family dwelling purposes, SUBJECT TO THE FOLLOWING CONDITIONS: l. That the new construction must comply with front and side yard setback requirements without reductions; 2. Docking and mooring shall be limited to noncommercial boats and for not more than two boats other than those owned and used by the owner of the premises for his personal use (Article III, Section 100-30(B)[9])~ Commercial marina use shall not be permitted; 4. Additional variance appli'cations must be applied for concerning setback from bulkhead, etc. if they are deemed necessary under the zoning regulations~ 5. There shall be a minimum elevation of eight feet (8') above mean sea level as required in this "A-7" Flood Zone; 6. No temporary living quarters (such as campers trailer, etc. unless permitted by ~own Board ~ etc.). Vote of the Board: Ayes' Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals -8- May 28, 1986 Special Meeting PENDING DECISION: Appeal No. 3472: Application of MICHAEL~HERBERT for a Variance to the Zoning Ordinance, Article III, Section T-O-O-~-30(A) for permission to estab- lish "Bed and Breakfast" type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. I000-140-2-23. Zoning District: A Residential and~Agricul_~ural. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on April 3, 1986 in the Matter of the Application under Appeal No. 3472, of MICHAEL HERBERT; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; 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: I. The premises in question is located along the north side of Pike Street in the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 1402 Block 2, Lot 23. 2. The subject premises consists of a total area of approxi- mately one-half acre with 85±' frontage along Pike Street and average lot depth of 238± feet, and is improved with the following structures: (a) two-story, single-family dwelling shown on survey dated October 9, 1985, having a setback of 39± feet from its front property line and sideyards of 26' and 34', and (b) accessory garage located in the rearyard area with an insufficient setback of one foot, more or less. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District; the adjacent parcels to the west Southold Town Board of Appeals -~- May 28, 1986 Special Meeting (Appeal No. 3472 - M. HERBERT, decision, continued:) and east are also zoned "A" Residential and A§r}cultural; other parcels, along the south side of Pike Street are in the "B-I" General Business Zoning District. Abutting the premises to the north is the Long Island Railroad; north of the Railroad are premises in the "C-Light-Industrial~ Zoning District. 4. For the record, it is noted that the applicant purchased the premises on October 29, 1985 (Liber 9907 cp 338) for the price of $105,000. Certificate of Occupancy of Nonconforming Premises #Z13944 was issued October 18, 1985 for a single-family dwelling. 5. Appellant proposes to use the dwelling for a "bed and breakfast=~xp~y use~.wi_%h owner-Occupancy, other _than a"hotel, for rgntal of a five to nine bedrooms (19dging) and where a contin- ental breakfast .Iconsisting of beverag~Nand ~stry will be provided. 6~ Similar uses, such as boarding and tourist houses, for five or more persons are permitted uses in the "M-Light" Multiple Residence, ~M-1~' Multiple-Residence, "B-Light" Business, "B-I" General Bus~'n~ss~'~oni_~ _Districts. ~'7. It is the position of this board that the record is not sufficient in showing by dollars and cents proof: (a) that the land in question can9ot yield a reasonable return if used only for a purpose allowed in thi9 zgne district, (b) that the plight of the owner i~ due to unique c~rcumstances which may reflect the unrea"sonableness of the zoning ordinance itself, (c) that the use requested will not alter the essential character of the neighborhood. . 8. It is also the position of the board that although a letter has been submitted'from a local real estate broker indicating that the propert~ as one-family dwelling use, has a current market value of ~].25,000 and has a limited interest to home b'uyers~ that without underlying concrete facts and unnecessary hardship~ the variance ~s not warranted. In considering this appeal, the board finds and determines that although the appellant's circumstances are unique, that the relief requested must be denied for the reasons stated above. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED~ that the relief requested under Appeal No. 3472 Southold Town Board of Appeals ~tO- May 28, 1986 Special Meeting (Appeal No. 3472 M. HERBERT, decision, continued:) in the Matter of the Application of MICHAEL HERBERT, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3480: Application of VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI, ~lon 00-119.2 <. -or permission to locate swim- min§pool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The.Strand, Pebble.Beach Farms Inc., Subdivision Map #2, Lot #115, East Marion, NY- County Tax Map Par- cel No. 1000-30-2-58. ' Following deliberations, the board took the followin§ action: WHEREAS, a public hearing was held and concluded on May 1, 1986 in the Matter of the Application under Appeal No. 3480 of VINCENT J. CASA; 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 recorded and transcribed; 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 located along the north side of The Strand Road, East Marion, is identified on the Suffolk County Tax Maps as District 1000, Section 30, Block 2, Lot 58, and is known and referred to as Lot #115, Subdivision Map of "Pebble Beach Farms. 2. The subject premises consists of a total area of 26~500 square fe~t,~more or le~, with'frontaqe along The Strand of 77 feet and lot depth of 360± feet, and avera§~ buildable lot depth of 238± feet. The p~emises is improved with a single-family one-story fr~e house and garage structure set back 69.8 feet from its nearest point from the front (southerly) property line, 12.4 feet from the east side line and 7.5 feet from the west side line~ 3. By this application, appellant requests permission to con- struct an 18~ by 36' inground~swimmingpool with deck areas, set back three feet from the w~st side line and a~proximately 50 feet from the average line of bluff as shown by sketched survey amended April 23, 1981 and filed with this application. The pool and deck areas are shown to be unattached to the existing dwelling. So~thold Town Board of Appeals -ll- May 28, 1986 Special Meeting (Appeal No. 3480 VINCENT CASA, decision, continued:) 4. Article XI, Section 100-119.2, sub-paragraph A(1) requires all buildings proposed on lots adjacent to Long Island Sound to be set bac,k not less than one-hundred (100) feet from the top of the bluff or bank. 5. Included in the board's review is a written report from the Suffolk County Soil Conservation Service, U.S. Department of Agriculture, dated April 3, 1986, indicating that this bluff area has experienced severe erosion problems within the last few years. 6. It is the opinion of the board members that (a) the pool should be located as far back from the bluff edge as possible, with the long axis parallel to the bluff in order to keep as much weight as possible back(away)from the bluff edge; (b) any draining of the pool or discharge should be piped toward the south of the property and not over the face of the bluff; (c) all water runoff, (including irrigation, etc.) should be piped toward the south of the property and shall not drain over the bluff areas into the Sound. In considering this appeal, the board finds and determines that in locating the long axis of the proposed construction parallel to the house and bluff: (a) the variance will be minimal and not substantial in relation to the zoning requirement [20% of a variance]; (b) there will be no substantial change in 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; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for permission to construct accessory pool with deck and fence enclosure within 100 feet of the Long Island Sound Bluff, BE AND HEREBY IS APPROVED in the Matter of the Application of VINCENT J. CASA, Appeal No. 3480, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool and deck areas be not closer than l0 feet to the westerly side property line; 2. That the pool and deck areas be unattached to the dwelling and be constructed not closer than 80 feet from the bluff line at its nearest point; 3. That the pool and deck shall not be linked to the house or Southold Town Board of Appeals -12- May 28, 1986 Special Meeting (Appeal No. 3480 -VINCENT CASA, decision, continued:) house decks; 4. There be no drainage over the bluff area of any water (from the pool, rain, irrigation, etc.) into the Sound; 5. All fill must be placed landward of t'he bluff; 6. Pool-deck construction shall remain open and unroofed; 7. Exterior lighting shall be shielded to this parcel not affecting other properties and shall be of a low-profile type (no over- head lighting); 8. Fencing should be of chainlink type. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3396: Application of GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section lO0-1T9.2(B) for permission to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Sub- division Filed Map No. 1275, Lots 31-35 inclusive; COunty Tax Map Parcel No. 1000-97-08-27. Following deliberations, the board took the following action: WHEREAS, public hearings were held on April 3rd and May 1st, 1986, in the Matter of the Application of GARY DOROSKI under Appeal No. 3396; 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 recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and Southold Town Board of Appeals -13- May 28, 1986 Special Meeting (Appeal No. 3396 - GARY DOROSKI~' d~sion, continued:) WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the east side of Monsell Lane, in the Hamlet of Cutchogue, is identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 08, Lot 27, and is known and referred to as Lots 31-35, inclusive, Map of Norwald Subdivision No. 1275. 2. The subject premises consists of a total area of 37,703 square feet, with frontage along Monsell Lane of 276± feet, and greatest depth of 1505 feet. The premises is improved with a single-family, one-story frame dwelling as more particularly shown on survey amended 1/14/86 (received 3/4/86), and set back at its closest point from Monsell Lane 31 feet) at its southwest corner). 3. By this application, appellant requests permission to locate an 16' by 32 pool with varied deck areas and fence enclosure on an angle (northeast to southwest direction at long axis) with a setback of not closer than 24' to the high marsh grass borderline or 50 feet from the rear property line as shown by survey map amended January 14, 1986, prepared by Roderick VanTuyl, P.C. 4. Article XI, Section 100-119.2, sub-paragraph B requires all buildings located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. 5. It is the opinion of the board members that: (a) the pool and deck areas should be located as far back from the marsh and wetland areas as possible; (b) any draining or discharge from the pool, or irrigation, shall not run into the tidal areas; (c) that the requested setback of 24' is substantial in relation to the requirement of 75 feet, being a variance of more than 50%; (d) that an alternative would be to red~ce the deck areas proposed between the existing house and the pool construction in order to minimize the wetlands setback. 6. For the record, it is noted that previous applications have been made concerning this property as follows: (a) Appeal No. 3310 rendered February 14, 1985 conditionally permitted an accessory shed/garage structure in an area other than the required rearyard; (b) Appeal No. 2040 rendered June 12, 1975 for the construction of the residence with a setback of not closer than 30 feet to Monsell Southold Town Board of Appeals -14- May 28, 1986 Special Meeting (Appeal No. 3396 GARY DOROSKI, decision, continued:) Lane. In considering this appeal, the board finds and determines that in locating the proposed pool, deck and fence enclosure at a distance not closer than 60 feet from the rear property line and not closer than 28 feet from the wetlands areas: (a) the variance will be the minimum necessary; (b) the circumstances are unique; (c) the practical difficulty under the circumstances are sufficient to warrant the granting of same; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing relief, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that a Variance for permission to construct pool, deck and fence enclosure BE AND HEREBY IS APPROVED in the Matter of the Application of GARY DOROSKI, Appeal No. 3396, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no construction within 60 feet of the rear property line and no closer than 24 feet from the wetlands area at its nearest points; 2. The pool wall must be reinforced every six feet with 12" by 12" block piers and properly backfilled, particularly on the water side (to maintain strength from water flow); 3. Proper ground cover shall be placed so that no topside erosion will result (for example, sod, low bushes, etc.). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals =15- May 28, 1986 Special Meeting PENDING DECISION: Appeal No. 3399: Application of C. BRUCE ANt ANNE SI$iIGER for a Variance t.o the Zonin§ Ordinance, Article III, Secti~~ulk Schedule, for appro~'al of two parcels having insufficient lot area, width and depth as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5. Following deliberations, the board took the following action: WHEREAS, a public hearing was helc and concluded on May l, 1986, in the Matter of the Application of C. BRUCE AND ANNE STAIGER under Appeal No. 3399; 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 recorded and transcribed; 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: ~ The premises in question is located algng the southeast side of lls Road, in the Hamlet of Peconic, and is identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 2, Lots 4 and 5. 2. The subject premises consists of a total area of 46,293 square feet (combined total), an average depth of 219± feet, and lot width (frontage) of 210 feet. Existing on the westerly portion of the subject premises is a single-family, 1½-story frame house with an accessory garage, both as shown by survey ~repared by Roderick VanTuyl, P.C. August 21, 1985~ 3. By this application, appellants request approval of the insufficient lot area, depth and width of two parcels: (a) on the westerly portion, Lot #1, of 22,775 sq. ft., 227.10 depth, and 100 feet in width; (b) on the easterly portion, Lot #2, of 23,518 sq. ft. to a tie line, 227.10 depth~ and llO' lot width. The existing dwelling is showr on Lot #1 with'a setback from the proposed easterly side line (propc, sed division line) at not less Southold Town Board of Appeals -16- May 28, 1986 Special Meeting (Appeal No. 3399 STAIGER, decision, continued:) than 10 feet and with a setback from the rear property line (at a tie line) at its closest point at 70± feet. Lot #2 is vacant. 4. Submitted for the record are copies of: (a) deed dated June 2, 1952 at Liber 2362 cp 53 from Herbert W. Wells, and others, to the applicant~ conveying propcsed L t #1; (b) deed dated December 22, 1964 at Liber 5676 cp 213 from Kathryn ~. Wells and other~, to the applicants con~'eying proposed Lot #2~ (c) N.Y.S. Department of Environmental Conservatien Article 25 Tidal Wetlands Permit issued Octo- ber 31, 1985 for the re-division as proposed; (d) Suffolk County Health Department letter dated August 27, 1985 waiving 2rlticle VI for a realty development since the ntimber of parcels has not increased since 1950 as peY the County Tax Map records; (e) letter dated October ~, 1985 from the Southold Town Planning Board indicating that the set-off application be den~ed because it does not conform with the current zoning requirement of 80~000 each and needs a variance. 5. In viewing the immediate area, the board finds that parcels located generally north and south of the subject premises consist of an area similar or smaller than that proposed herein. Also, it is noted that Lot ~1 was purchased prior to the enactmen~ of zoning (1957); and Lot #2 was purchased a~ the time of the 12,500 sq. ft. area zoning requirement. In considering this appeal, the board finds and determines: (a) that the circumstances are u~ique; (b) that the variance will not in turn cause a subst~ntial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the practical difficulties shown are sufficient to warrant- the granting of the variance; (d) ther~ ~ill be no substantial change in the character of the n~ighborhccd or a substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appellants 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 fac- tors, the interests o~ justice will best be served by allowing t~e variance applied fer. Accordingly, on motion by Mr. Goehrin~er, seconded by Mr. Sawicki, it was Seuthold Town Board of Appeals -17- May 28, 1986 Special Meeting (Appeal No. 3399 STAIGER, decisio'n~ continued:) RESOLVED, that the relief requested under Appeal No. 3399 in the Matter of the Application of C. BRUCE AND ANNE R. STAIGER for approval of the insufficient lot area, depth and width of parcels #1 and #2 of 22,775 sq. ft. and 23,518± sq. ft., of 227.10 lot depth, and 100 ft. and 110 ft. width, respeCtively, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: l. Compliance with the Bulk Schedule as to minimum front and side yard setbacks without reductions in the "A" Residential Zoning District; 2. Approval from the Southold Town Planning Board pursuant to Ch. Al06 of the Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3486: ~Application of ROBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III,~ection 100-31, Bulk Schedule for approval of insufficient lot area of proposed Parcel #4 in this pending four- lot minor subdivision located along the south side of Soundview Avenue, Southold; County Tax Map Parcels No. 1000-68-4-2 and 3. Following deliberations, the board took the followi~g~action: WHEREAS, a public hearing was held and concluded on May l, 1986, in the Matter of the Application of'ROBERT JOHNSEN under Appeal No. 3486; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning~ and the sur[ounding areas; and WHEREAS, at said hearing all those who desired to be~ heard were heard and their testimony recorded ~nd transcribe~; 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 located along the south side of Sound View Avenue, in the Hamlet of Southold, and is identified on Southold Town Board of Appeals ~18- May 28, 1986 Special Meeting (Appeal No. 3486 ROBERT JOHNSEN, decision, continued:) the Suffolk County Tax Maps as District 1000, Section 68, Block 4, Lots 2 and 3. 2. The subject premises consists of a total area of 7.1± acres (combined total) and lot width of 511 feet. Existing are a single-family dwelling and accessory storage garage, for which Certificates of Occupancy Nos~ Z9225 dated 9/25/78 and Z13037 dated December 3, 1984 have been issued. 3. By this application, appellant requests approval of proposed Lot No. 4 of 70,000 sq. ft. in area and lot width of 226± feet. The remaining proposed three lots in this four-lot minor subdivision are proposed to contain a minimum lot area of 80,000 sq. ft. each, and are vacant, all as shown by minor subdivision sketch plan/survey prepared by Young & Young September 5, 1984. Proposed Lot No. 4 will contain the existing single-family dwelling and accessory storage garage located in the rearyard area. 4. The percentage of relief requested in relation to the zoning requirement, Article III~ Section 100-31, Bulk Schedule, is 12.5%, or 10,000 sq. ft. In considering this appeal, the board finds and determines: (a) that the circumstances are unique; (b) that the variance will not in turn cause a substantial effect of increased popula- tion density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the practical difficulties shown are sufficient to warrant the granting o~ the variance; (d) there will be no substantial change in the character of the neighborhood or a substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that in view of the above factors, the interests of justice will best be served by allowing the variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Ap,peal No. 3486 in the Matter of the Application of ROBERT JOHNSEN for approval of insufficient lot area of 70,000 sq. ft. of proposed Lot #4, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Premises shall not be used for more than a single- Southold Town Board of Appeals -19- May 28, 1986 Special Meeting (Appeal No. 3486 - ROBERT JOHNSEN, decision, continued:) dwelling use (ex. two-family~ etc.); 2. Existing garage on proposed Lot #4 shall be used only for storage purposes incidental to residental use and not to be operated for gain or business purposes. 3. Setback regulations under the "A-80" Zoning District shall apply for the subject property. Vote of the Board: Ayes: Messrs~ Goehrin§er, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3418: ~Applic~tion of GRETCHEN~HEI'GL for a Variance to: (a) the Zoning Ordinance, .Article III, SectiQn 1Q~l_, Bulk Schedule, for approval of insufficient lot area and width in this proposed division of property, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises. Location of Property and Right-of-way in Question: North Side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. 1000-68-1-14 and 15.1. Following deliberations, the board took the following action: WHEREAS, public hearings were held on April 3, 1986 and May 22, 1986, in the Matter of the Application of GRETCHEN HEIGL under Appeal No. 3418; 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 recorded and transcribed; 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 located along the northerly side of Soundview Avenue, in the Hamlet of Southold, New York, and is identified on the Suffolk County Tax Maps as District 1000, Section 69, Block 01, Lot 14. The right,of=way in question is identified as part of a parcel on the Suffolk County Tax Maps as District 1000, Section 69, Block 01, Lot 15.1. 2. The subject premises consists of a total area of 3.24 acres (exclusive of right-of-way) with a lot width (frontage) of Southold Town Board of Appeals-20- May 28, 1986 Special Meeting (Appeal No. 3418 - HEIGL, decision, continued:) 117.88 feet. Existing is a single-family, two-story frame dwelling set back approximately 850 feet .from Sound View Avenue and having side yards of 18' and 26½'. Also existing is a separate garage structure accessory to the dwelling in the frontyard area. 3. By this application, appellant requests approval of: (a) insufficient lot area of proposed parcel #2 of 76,000± sq. ft.; (b) insufficient lot area of proposed parcel #1 of not less than 65,000'sq. ft.; (c) insufficient lot width of both parcels of 117.88 feet; ~d) access over a 30~fQot private right-of-way along the easterly side of the applicant.~_~ premises and over lands p~resently of Gloria Fultz extending from Soundview Avenue to proposed Lot #1 a length of approximately 850 feet [see survey amended November 5, 1985 prepared for the applicant by Roderick VanTuyl, P.C. #1539-6]. 4. Upon inspection by the board members and pursuant to Road Report #492 from the town road engineer, it is found that there is an 8± ft. wide traveled road in the right-of-way 920± feet in length from the monuments along Soundview Avenue to the entrance of the existing Heigl house, and the remaining length has been cleared for a walkway to the Long' Island Sound. The present roadway is passable but not in good condition. Some gravel was found at variable depths; however, additional improvements are necessary to allow sufficient ingress and egress of fire trucks and other emergency vehicles. 5. Although the area consists of lots substantially larger than the subject premises varying in size from four acres to 12.5 acres, it is the opinion of the board that the size, shape and character of this parcel lends to the practical difficulties in this situation since there is no alternative method of planning the layout or configuration for a set-off division without a variance. The parcel as exists with 3.24 acres is 177% of the minimum lot area requirement of 80,000 sq. ft. In considering this appeal, the board also finds and deter- mines: (a) that the relief requested is not substantial since the applicant has met 81% of the area requirement for Lot #1, and 96% of the area requirement for Lot #2; (b) that the practical diffi- culties claimed are sufficient to warrant this variance; (c) the circumstances are unique and not shared by other properties existing generally in the neighborhood; (d) there will be no substantial change in the character of the neighborhood, or detriment to adjoin- ing properties; (e) the difficulty cannot be obviated by some Southold Town Board of Appeals -21- May 28, 1986 Special Meeting (Appeal No. 3418 - HEIGL, decision, continued:) method feasible for appellants 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, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3418 in the Matter of the Application of GRETCHEN HEIGL for approval of the insufficient area of Lot #1 of not less than 65,000 square feet, Lot #2 of 76,000± square feet, insufficient lot width of 117.88 feet, and for approval of access, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant's legal right to use this right-of- way be in full force and effect; 2. That the right-of-way be cleared and improved a full 10-feet in width and updated as follows: (a) Grade and smooth the existing crown in the road where in some areas it is from 4" to 6" higher than the sides; (b) Keep the present profile; (c) Place a crowned compacted two-inch (2") course of 3/4" stone blend on the regraded 10-foot road width a minimum length of 850± feet from its intersection with Soundview Avenue to the driveway access upon Lot #1 (to the existing house); 3. Final acceptance of improvements to be made as authorized by the Board of Appeals, or, if made by the Building Inspector, a copy of his written report and acceptance to be submitted to the Board of Appeals. 4. Compliance with the requirements of the "A-80" Bulk Schedule as to minimum setbacks; 5. Approval from the Southold Town Planning Board pursuant to Chapter Al06 of the Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals -22m May 28, 1986 Special Meeting PENDING DECISION: Appeal No. 3494: Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Artic'~I, S--6-~tion 100~119.2 'for permission to locate marine fuel storage tank structures in thins "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wet- land and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May l, 1986, in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Appeal No. 3494; 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 recorded and transcribed; 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 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 1.000, Section 56, Block 6, Lots 4, 6 (presently owned by Port of Egyp.t 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 the site plan mapped April 19, 1985, amended May 29, 198.5, prepared by Roderick VanTuyl, P.C. 3. By this application, appellant requests permission to locate two new fuel storage tanks within containment walls with an overall outside dimension of 24'10" by 16'6", more or less, Southold Town Board of Appeals -23~May 28, 1986 Special Meeting (Appeal No. 3494 - PORT OF EGYPT, Variance decision, continued:) with a setback of four feet, more or less, from the edge of the wetlands, as depicted by the May 29, 1985 survey submitted with this application. 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 Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body~ or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. 5. It is the opinion of the board members that for the best protection of the public (customers, employees, etc.) using the subject premises for docking, boating, hauling, etc., it would be best if the fuel storage tanks were located in an area more distant from the marina and ingress and egress areas to the docks. It is also the opinion of the board that locating the tanks as requested will not be environmentally feasible. In considering this appeal, the board finds and determines that by locating the proposed fuel tanks with containment and fencing at a distance not closer than 65 feet from the edge of the shoreline (waters edge): (a) the variance will be the minimum necessary; (b) the circumstances are unique; (c) the practical difficulties are sufficient to warrant a granting of this variance; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial, being 14% of a variance from the requirements; (f) the circumstances are not shared by other p~open~ies 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 conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for permission to locate accessory fuel storage tanks (two) within containment as shown by building plan view dated 10-31-85, prepared by Peconic Associates, Inc., in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Appeal No. 3494, at a distance of not closer than 65 feet to the waters edge along shore line, BE AND HEREBY I'S APPROVED Southold Town Board of Appeals -24- May 28, 1986 Special Meeting (Appeal No. 3494 - PORT OF EGYPT ENTERPRISES, Variance decision, continued:) SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the structure in question be located not closer than 65 feet from the waters edge along shore!ine;~and 2. County Health Department approval; 3. Proper diking and cement walls, containment, to retain any leakage of fuels; 4. Proper fencing six=feet in height around structure for security reasons; 5. Signs to be placed on fencing identifying danger and requiring "no smoking", as per National Fire Protection Agency standards. Vote of the Board: Doyen, Douglass and Sawicki. Ayes: Messrs. Goehringer~ Grigonis, This resolution was duly adopted. PENDING DECISION: Application No. 3481: Application of PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section TOO-80(B) for permission to install/relocate marine fuel storage tanks in this "C-Light" Indus- trial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on April 3, 1986 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Application No. 3481; 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 recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and Southold Town Board of Appeals -25- May 28, 1986~Special Meeting (Appeal No. 3481 - PORT OF EGYPT, Special Exception decision, continued:) WHEREAS, the board made the following findings of fact: 1. 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 the site plan mapped April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl, 3. By this application, applicant requests a Special Excep- tion to permit the installation and location of two new fuel storage tanks within containment walls with an overall outside dimension of 24J10" by 16'6", more or less, with a setback of four feet, more or less, from the~edge of the wetlands, as depicted by the May 29, 1985 survey submitted with this application. 4. The newly proposed fuel tanks are to replace existing fuel storage tanks which are located at the easterly portion of the subject premises. 5. Article VIII, Section lO0-80(B), subsection (16) permits by Special Except.ion approval from this board the sale and storage of fuel in the "C-Light" Industrial Zoning Districts and subject to site plan approval from the Southold Town Planning Board in accord- ance with Article XIII of the Zoning Code. By action taken March 24, 1986, the Southold Town Planning Board referred the site plan to the Building Department for certification in accordance with Section 100-133(C). 6. It is noted for the record that simultaneously herewith action was taken by this Board under Appeal No. 3494 conditionally approving a Variance of Article XI, Section 100-119.2(B) of the Zoning Code for an insufficient setback of the subject structure to be located not closer than 65 feet from the waters edge along the shoreline of Budd's Pond. ~. It is the opinion of the board members that for the Southold Town Board of Appeals -26- May 28, 1986 Special Meeting (Appeal No. 3481 PORT OF EGYPT, Special Exception decisions continued:) best protection of the public (customers, employees, etc.) using the subject premises for docking, boating, hauling, etc., it ~ould be best if the fuel storage tanks were located in an area more distant from the marina and ingress and egress areas to the docks. It is also the opinion of the board that locating the tanks as requested will not be environmentally feasible. In considering this application, the board finds and determines that by locating the proposed fuel tanks with containment and fencing at a distance not closer than 65 feet from the edge of Budd's Pond shoreline (waters edge): (a) the use of same will not prevent the orderly and reasonable use of adjacent properties or of prperties in adjacent use districts; (b) the use will not ad- versely 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 Ia] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Special Exception for permission to install and locate accessory fuel storage tanks (two) within containment as shown by building plan view dated 10-31-85, prepared by Peconic Associates, Inc., in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Application No. 3481, at a distance of not closer than 65 feet to the waters edge along Budd's Pond shore lines BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the structure in question be located not closer than 65 feet from the waters edge along shoreline; and 2. County Health Department approval; 3. Proper diking and cement walls, containment, to retain any leakage of fuels; 4. Proper fencing six-feet in height around structure for security, reasons; 5. Signs to be placed on fencing identifying danger and requiring "no smoking", as per National Fire Protection Agency Southold Town Board of Appeals -27- May 28, 1986 Special Meeting (Appl. No. 3481 PORT OF EGYPT, Special Exception decision, continued:) standards. 6. Final site plan approval from the Southold Town Planning Board in accordance with Article VIII, Section lO0-80(B) -and Article XIII. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3490: Application of HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed in the frontyard area. Location of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Parcel No. 1000-3-2-10. Following deliberations, the board took~the following action: WHEREAS~ a public hearing was held and concluded on May l, 1986 in the Matter o~ the Application of HARRY AND SANDRA HURLBURT under Appeal No. 3490; 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 recorded and transcribed; 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 located along the northerly side of "Private Road," at Fishers Island, and is identified on the Suffolk Coun'ty Tax Maps as District 1000, Section 3, Block 2, Lot 10. Bounded on the north is S. Walker, on the east, Sorenson, and on the west M. Spoffard. 2~ The subject premises consists of a total area of 1.8± acres, and is a corner lot as defined by Section lOD-13 of the Zoning Code. Existing ~pon the premises is a single-family dwelling constructed October 8~, 1969 under Permit #4497, which is shown on Southold Town Board of Appeals -28- May 28, 1986 Special Meeting (Appeal No. 3490 HUREBURT, decision, continued:) sketch submitted with this application to be set back lO0± feet from the easterly (front) propgrty line and 240± feet from the southerly (front) property line. 3. By this application~ appellant requests permission to locate a lO' by 20' proposed garden/storage shed in the frontyard area in excess of 100 from the road and with a setback from the westerly property line of approximately 20 feet. 4. Due to the topography of the rear yard areas, the most feasible area to place the accessory shed is as requested by the applicants. 5. For the record, it is noted that a prior application under Appeal No. 2735 was conditionally granted for the use an~ construction of an accessory building in the frontyard area for additional sleeping quarters on October 16, 1980. To date, this accessory building has not been constructed and no building permit has been issued. In considering this appeal, the board finds and determines that the relief be granted as requested since: (a) the topography of the rearyard area lends to the practical difficulties in this case; (b) the circumstances are unique; (c) .the practical diffi- culties are sufficient to warrant a granting ~f same; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial; (f) the circum- stances are not shared by other properties generally existing in the neighborhood; (g) in consideration of alll 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, to grant the relief requested under Appeal No. in the Matter of the Application of HARRY AND SANDRA HURLBURT for permission to locate 10' by 20' accessory garden/storage shed in the frontyard area as applied and SUBJECT TO THE FOLLOWING CONDI- TIONS: 3490 1. Any increase of size to more than the requested 10' by 20' will require additional application and review by this Board; 2. The subject accessory building be used only for storage Southold Town Board of Appeals -29- May 28, 1986 Special Meeting (Appeal No. 3490 HURLBURT, decision, continued:) purposes incidential to the residential use of the premises and not to be operated for gain or business purposes. Vote of the Board: Ayes: Messrso Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PENDING DECISION: Appeal No. 3468: Application of ROBERT J. LONG for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of parcel in this proposed set-off division of land having insuffi- cient area and depth, location along the North Side of Main Roads East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May l, 1986 in the Matter of the Application of ROBERT J. LONG under Appeal No. 3468; 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 recorded and transcribed; 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: I. The premises in question is located along the north side of the Main Road (State Route 25), in the Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 4, Lot 15. 2. The s~bject premises as exists consists of a total area of 11o912 acres with frontage along the Main Road of 184.23± feet, Sou'thold Town Board of Appeals -30- May 28, 1986 Special Meeting (Appeal No. 3468 - LONG, decision, continued:) and width of at least 11.185 acres of the subject premises of 326.09 feet. Existing is a single-family 1½-sto'ry frame'house set back 26± feet from the Main Road and 27± feet from the right-of~way along the easterly property line. Also existing are accessory barn and shed structures as shown by survey dated March 23, 1979. 3. By this application, appellant requests approval of the insufficient area of a portion of the 11.912 acres to be set-off as follows: (a) Lot #1 of 31,669 sq. ft. [including the right-of-way], or 30,699± sq. ft. exclusive of right-of-way, with the existing dwelling and accessory .~tructures; (b) Lot #2 of 11.182 acres [inclusive of right~Of-way], which may be planned in the future as a minor subdivision by applicant, all as shown by survey-minor subdivision map prepared by Roderick VanTuyl, P.C. amended July 1, 1985. 4. Article III, Section lO0-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot depth of 250 feet. The percentage of the relief requested in relation to the area requirement is 60%. 5. For the record, it is noted that the Planning Board at its March 24, 1986 meeting recommended approval of this lot of 312669 sq. ft. provided that the remaining 11.1± acres be divided into not more than four lots (minor subdivision) in the future. 6. In viewing the character of the neighborhood,In viewing it is found that a majority of the existing lots are improved and are similar in size to that prpposed by this application. It is the opinion of the board, however, that the variance requested is not the minimal necessary since there is additional land avail- able to reduce the percentage of the variance requested. Also, in considering this appeal, the board finds and determines that the relief should not be granted as requested because: (a) the practical difficulties are not sufficient to warrant a granti~§ of the variance; (b) the circumstances are not unique; (c) there may be a precedent set since there are other undeveloped large tracts of land existing in the immediate area; (d) in consideration of all of the above factors and in'view of the manner in which the difficulty arose, the interests of justice will best be served by denying the variance as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief as requested under Appeal Southold Town Board of Appeals -31- May 28, 1986 Special Meeting (Appeal No. 3468 - LONG, decision, continued:) No. 3468 in the Matter of the Application of ROBERT J. LONG for approval of insufficient area and lot depth, ~E AND HEREBY IS DENIED'WITHOUT PREJUDICE. Vote of the Board: Doyen, Douglass and Sawicki. Ayes: Messrs. Goehringer, Grigonis, This resolution was duly adopted. NEW REVIEW: Appeal No~ 3514 - GEORGE P. SCHADE. Variance for divis~.oh~of l~ts' ha~n~ insufficient area,_width and depth. Cedar AYenue~ 'Southold~ It w~._._the consensos~o~.the board to hold this matter temporarily ~n abeyance pe~di]ng ap.pli~ation to the Suffolk County Health..Department for Article V.I a~proval (or waiver), by the a~plication and submission-of comment~ after review by the Planning Board~ NEW REVZEW FOR'RECONSZDERATIDN~ Appeal No. 3517 ROSALIE GOWEN. In review~n~g the reCent ~equeSt of Abigail A. Wickham, Esq. for ~econsideration of pr%or Appeal No~ 3~50~ the board members indicated that a cop~ of an aRproval ~or w~aiver) by the Suffolk County Department of Health Services is~necessary prior to advertising this matter for a public hearing. NEW REVIEW: Appeal No~ 3442 -'~JOHN'J. NEW.MAN. In review- ing the f~le~ it was noted that 'D~E.C~ aPpraisal and Trustees action concern%rig a second adder%on to the dwellin§ along the south (easterly) end has not been s'ubmi~ted. ~lso r~uested by the Chairman are the following~ (a) Temporary stakes to be .placed at each corner of both proposed additions; .... Ib) Photographs of area between pnoposed new construction and seawall/bulkhe.ad~ ('c~) Copy of bu%ld%ng-floor ~p~an of c.overed deck construction for first and second stor%es~ So~thold Town Board of Appeals -32~ May 28, 1986 Special Meeting LOT COVERAGE~POOL ENCLOSURES~ The board members briefly discussed the unce~e..red-lot'~yeas".within a pool~s~ fence enclo~u~e~ and it was the agreement of the board and Mr. Lessard that those areas actually covered by a structure~_ bui]d~ng~ fence etc~ shall be included ..~9 determin~.~g percentage of lot ceve_~ages, including any accessory buildings and decks abo~~ ground ]e~e]~or decks attached to a dwelling PUBLIC HEARING SETz. UPz On motion 'by Mr~ Goehringer~ seconded by~ M~ssr~.. G£ig_~n~_~nd Sa~ick~.~ i~wa~s RESOLVED, to schedule ~he Matter of and MARY BROPHY for public hearing to be 1986~ and read~ertised ]by the Se~retary~ Vote of the Boa~d~ 'Ayes- Doyen, Douglass and Sawicki..__ Me~'~rs~ Goehri'nger~ Grigonis, PUBLIC HEARINGS FOR ~UNE 19~_]986'.~EGULAR ME.ET~NG: On motion by Mr~'Go~nge'r, 's6co~ded-~y"Mess~-~ Grigonis and Sawicki, it was RESOLVED, that the fo]lowing matters be and hereby are also SCHEDULED for public h~ar~ngs to be held at the June 19~ 1986 Regular Meeting of this Board commenc~pg at 7~30 p~m~ and be it FURTHER RESOLVED~ that the Z.B'.A'. C~erk/Secretary is hereby authorized and directed to advertise notice of the following hearings for publication in the Long Island Traveler and Suffolk Times a.cco~din~'ly: 7:30 p.m. Appeal No~ 3'489 ~ PAUL LEA~RYi 7:45 p.mo 7:50 p.m. 7:55 p~m. Appeaq No. 3502-U-~GREGORY~FOLUARt;- Appeal No. 3508 -'~DAVID-MOOR.~; Appeal No. 3515 - HOWA~REINH2RT and CHARLES HYDELL; Southold Town Board of Appeals -33- May 28, 1986 Special Meeting (Public Hearing Set-Ups, continued:) 8:00 p.m. 8:05 p.m. 8:10 p.m. 8:15 porn. 8:20 p.m. 8:30 8:40 p.m~ 8:45 8:55 ALBERT J. BODENSTEIN; ELEANOR LEONARD~ MARJORIE-'D~ PETRASl RALPH AND LUCILL-E STOCKER~ STEPHEN S~LOW~-TZ~ 'R~CH~RD 'AND 'RUTH .ZEIDLER~ PORT OF ~EG~PT ~£.N~-E~P~S~ES (Var~ance)~ 'PORT OF'E6YPT- ENTER-PR}SES ISpec. Exceptton); ~SAMUEL BA.t~ Vote of the Board- Ayes: Messrs. 'Goebrtnger~ Grigonis~ Doyen, Douglass and Saw~ckt~__Th~s resolution was ~u'!y .~dopted. NEW REVIEW: Appeal No. 3496 - FREDERICK KOEHLER, JR. Variance to construct beach house/cabana structure within 75' of bulkhead. NE/s Old Harbor Road, New Suffolk. It was the consensus of the board to hold this matter in abeyance before advertising for a hearing pending receipt of approval from the Suffolk County Department of Health Services for the septic and water hook-ups. NEW REVIEW: Appeal No. 3511 - KAPELL REAL ESTATE, INC. & AND. Variance for approval of two parcels having insufficient area, width and depth. S/s Linnett St and N/s Brown St, Greenport. The board instructed the Secretary to hold this matter in abeyance prior to advertising for a public hearing pending receipt of approval.'(or waiver) from the Suffolk County Health Department and input from the Planning Board (after compelte application and appropriate reviews). NEW REVIEW: Appeal No. 3514 - GEORGE P. SCHADE. Variance for approval of lots having insufficient area, width and depth. Cedar Avenue, Southold. Board members instructed Secretary not to set this matter up for a public hearing until approval or waiver has been received from applicant through the Health Department and comments/input ~y the Planning Board after appropriate reviews have been made. Southold Town Board of Appeals -34- May 28, 1986 Special Meeting APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the April 3, 1986 Regular Meeting of this board. Vote of the Board: Ayes' Messrs~ Goehringer~ Grigonis, Doyen, Douglass and Sawicki. This resolution was du!y_~dogted~. NEW REVIEW: Appeal No. 3503 - GEORGE D. DAMIEN. Variance for approval of division of parcel into two lots having insufficient area, width and depth. Location: S/s New Suffolk Avenue, E/s Fifth Streets N/s Jackson Street, New Suffolk. In reviewing the file, it was requested by the board members that this matter not be scheduled for a public hearing until approval has been received from the Suffolk County Department of Health Services (Article VI) for this division/development, and appropriate review (after formal applica- tion) by the Planning Board in order that their input may be received. (Notice of Disapproval did indicate Planning Board approval is also required.) Also awaited is a division map showing the proposed division line and-'-setb~cks from existing ~tructures. NEW REVIEW: Appeal No. 3519 - SANDERS AND SCHWARTZ. Variance for insufficient area and setback~ of existing struct~.res~-~rom proposed division line. ROW off E/s~Bayview Avenue~ Mattituck, In reviewing the file, ~t was the consensus of the board m~mbers (~ajority) that this matter not be scheduled for a public hear~'ng until approval or waiver has been receiVed from the Suffolk County Department of Health Services for thin-division .... and appropriate review of the recent appl_~cation by the P~anning Board in order that their input may be received~ Zhe Secretary indicated that P~tr~.~ia Moore of Rudolph. Bruer~s La~ff~ce would be submitting a revised map deleting the area of the .... right-of-way as part of the lot area. This file was _~e~ved today~ PENDING MATTERS UPDATE: The following matters were noted their bein~ held'in'abeyance pending receipt of the information previously requested and noted below:' ' SOuthold Town Board of Appeals -35- May 28, 1986 Special Meeting Other Matters Pending Public Hearings (*~awaiting additional information as noted}: (a) Appeal No. 3511 - KAPELL REAL ESTATE/LiMPE~T. Area, width and depth variances, Brown St, Greenport. ~Await Co~ Health approval/waiver by advertising deadline. (b) (d) (e) (f) (g) (h) (i-) Appeal No. 3514 - GEORGE P. SCHADE. Area, width and depth variances. .~Await Co. Health Dept. waiver and P.B. reviews/comments. APpeal No~'3487 - CHURCH OF THE OPEN DOOR, Await addi- tigna] input as requested Re: Special Exception on portion of premises pending subdivision approval by Planning Board. W/s Bayview-Road, Southold, Appeal Noo 3519 - SANDERS AND SCHWARTZ. Area and setback variances in this proposed set-off of undersized parcels° ~Await Article Vt approval or · waiver, and D.E.C. approval. Shore Acres, Mattituck. Appeal No~ 3503 - GEORGE D. DAMIEN. .Area, width and depth variances~ 5th and Main Streets, New Suffolk. **Await Co. Health approval/waiver and P.B. reviews after formal application by applicant. Appeal No. 3428 - BERTHA KURCZEWSKI. variances. E/s Depot Lane, Cutchogue. Department Article VI waiver/approval. Area and width *~Await Health Appeal No. 2495 JOHN AND GLORIA SHIRVELL. Area, width and depth variances. N/s Pine Tree Road, Cutchogue. Await Co. Health Art. VI approval/waiver. Appeal No~ 3496 FREDERICK KOEHLER, JR. Cabana/beach house structure within 75~ of water atong'Cutchogue Harbor. N/s Old Harbor Road. ~*Awa~t Co. Health approval. Appeal No, 348~ .- PHILIP AND ELLEN BELLOMOo Addition to dw611ing with insufficient setback from fresh water. Pr' - '~' ]vate.Road~off. N/s Soundview Avenue, Southold. ~*Await DEC. Appeal No. 3464 - TED DOWD. Variance to construct new dwelling with: (17 excessive lot coverage~ (2) insuffi- cient front yard, (3) insufficient sideyard~ (4) insufficient setback from wetlands. 350 Rabbit La, East Marion. 'Southold Town Board of Appeals -36- May 28, 1986 Special Meeting Other Matters Pending Public Hearings (**awaiting additional information as noted): [continued] (k) Appeal No. 3478 - BECKY JOHNSTON. Variance for approval of access by emergency vehicles pursuant to NY Town Law Section 280-a. ROW off N/s Bridge Lane Extension and Oregon Road, Cutchogue. **Await clarification of location/base of rights-of,~way for evaluations. (1) Appeal No. 3439 - ARNOLD AND KAREN BLAIR. Variance for re-division into two lots with i~sufficient area, and width at Cedar Lane and Beach Court: East Marion. Gardiners Bay Estates Lots 151 thru 172 incl. adjoining roads. **Await i:PB, Health Dept. Art. VI approvals/input~ [Possible Town Trustees jurisdiction-upland contains ...~ wetland grasses]. [Building envelopes of buildable areas not shown.] (m) Appeal No~ 3445 - JULIUS ZEBROSKI. Variance for approval of two lots having insufficient area. E/s Waterview Drive and N/s Bayview Road, Southold. **Await Article VI approval and copy of C.O. for existing land and buildings [previous lot-line changes and conveyances?]. PB comments received. (n) (o) (p) (q) Appeal No. 3461 HELMUT HASS. Variance for approval of two business lots as proposed with insufficient area and width. S/s C.R. 48, ?econic. **Await Co. Health Art. VI. Planning Board comments received. 'Appeal No. 3462 HERBERT MANDEL~ Variance for approval of three parcels having insufficient area. N/s Main Road, East Marion. **Await Co. Health Art. VI and copy of C.O. ' Appeal No. 3449 - FRANK AND ETHEL BEGORA.' Variance for approval o~:th~eeparcels having insufficient area, depth and wid%h. N/s Main Road, East Marion. **Await County Health Art~ VI, corrected maps and P.B. reviews after submission of maps. Appeal No.'3403 -'ANNA, LORIA~ Variance for approval of teo parcels having insufficient area, width and depth. W/s .First St. a~d N/s King St, New Suffolk. **Await Co. Health Art. VI app,. and approval/waiver. (r) Appeal No~ 3426 - GERALD DOROSKI. Variance f'or approval of access (280-a), N/s CoR~ 48, Peconic. **Await additional information to clarify ROW and P.B. input. (s) Appeal NO. 3411. ANDREW FOHRKOLB. Variance to restore ex.ist~ng building 'f~ habitable use (additional dwelling unit). W/s Li~co Road, Matti~uck. **Await scaled floor plans and C.O. or PreCO~ · Southold Town Board of Appeals -37- May 28, 1986 Special Meeting Other Matters Pending Public Hearings (**awaiting additional information as noted), continued: (t) Appeal No. 3299 - DOUGLAS MILLER. Variance to include wetlands in subdivision which would not result in insuffic-ient area. Kirkup Lane, Laurel. **Await DEC and:Co~'~He~lth:.D~p~rtm~ht.~approvals of pending subdivision. (u) Appeal No. '~412 - THOMAS CRAMER. Variance to construct within 75' of wetlands. E/s Meadow Lane, Mattituck. **Await Trustees action/approval. (Health Depto approval apd:DECiwaiver rece~vedo) ~ (v) Appeal No. 3355 - PAUL & MARIETTA CANALIZO: Variance to construct with insufficient setback in frontyard and from wetlands. **Await DEC and wetland setbacks map.~ Trustees reviews pending. (w) Appeal No. 3214 - HANAUER & BAGLEY. Variance for approval of two lots having insufficient upland, build- able area. DEC waiver and Planning Board received. **Await Co. Health ~nd Trustees. Lighthouse Road and S/s Soundview Avenue, Southold. (x) Application for LOIS AND FRANK THORP, E½s West Lane and S/s North Lane ~private), off the E/s Orchard Lane East Marion. Variance for approval of lots having insufficient area, width, depth, etc. **Await Notice of Disapproval after application to Building Department reissuance of filing fee, postmarked certified~mail receipts, etc. (Y) Appeal No. 3293 - HAROLD AND JOSEPHINE DENEEN. Variance for approval of three parcels having insufficient area, width and depth. W/s ROW off the S/s Bayview Road (west of Waterview Drive), Southold. 280-a not requested. **Await Co. Health Art. VI and DEC approvals/action. (z) Appeal No. 3252 JOHN CHARLES & M. SLEDJESKI. Variance appealing decision~Planning Board of 4/2/84 that buildable area in proposed division is less than 80~000 sq. ft. (excludes wetland grass areas) for a one-family dwelling, and less than 160,000 sq. ft. (excludes wetland grass areas) for an existing two-dwelling usage~ E/s Narrow River Road and S/s Main Road, Orient. **Await Co. Health Art. VI and SEQRA. Appeal No. 3367 - LOIS AND PATRICIA LESNIKOWSKI. Variance for approval of two p-~~having insufficient area and width. S/s North Drive, Mattituck. **Await DEC. Build- ing envelopes and s~tbacks not~ shown since enactment of Local Law Wetlands Setbacks. So~thold Town Board of Appeals -38- May 28, 1986 Special Meeting Other Matters Pending Public Hearings (**awaiting additional information as noted), continuea: (bb) Appeal No. 3371 FLORENCE ROLLE. Variance for approval of two parcels having in~- ~ent area~ width and depth. E/s Ole Jule Lane and N/s Kraus Road, Mattituck. **Await Article VI application/approval by Co. Health and posso DEC. (cc) Appeal No. 3342 ?HILIP R. REINHARDTo Variance for approval of two parcels having insufficient area and width. **Recessed from 5/25/83 as requested by attorney for County Health Department Art. VI approval/clearance(and DEC)~ (dd) Appeal No. 3216 - EUGE'NE DAVISON. ~Variance to establish living quarters over stable. **Applicant has requested postponement until further notice and Planning Board reviews. S/s Sound Avenue,.~.M~attituck. (~e) Appeal No. 3191 - HERBERT MANDEL. Variance to change lot line and construct garage in front/aide yard areas. E/s Ihlet Lane Extension, Greenport. Premises of R.E. Clempner and Herbert Mandel are contiguo~Is. **Await DEC & PBo (ff) Appeal No. 3249 - DONALD P. BRICKLE¥. Variance for approval of lots having insufficien~ area~and width. S/s Bay Avenue and E/s Broadwater Drive, Cutchogue. **Await DEC~ Art. VI by County Health, and contour maps. (gg) ~ppeal No. 3263 ROGER MUNZ. Variance for Relief of Condition No. 7 and the May 27~ 1983 decisions rendered in Appeals No. 3100 and 310t.. **Recessed from 9/13/84 as requested by applicant. Requests for status have been made.](w~tbQ.ut response). Premises have been sold. (hh) Appeal No. ~268 - J. KATHERINE TUTHILL. Variance for approval.]of parcels having insufficient a~.ea, width and depth in this ~'C" zone, ~*Await DEC and Co. Health Art. VI application/actions. Planning Board recommended denial 9/84. (continued on page 39) Sou~hold Town Board of Appeals -39- May 28, 1986 Special Meeting Other tqatters P~nding Public Hearings (**awaiting additional information) continued: Appeal No. 3259 - NICHOLAS ALIANO. Special Exception to establish and build four two=story motel buildings contain- ing 10 motel units for transient use, and an office building of £,500 sq. fto in area on this 3.721-acre parcel, zoned "B-Light.~ S/s Main Road, Greenport (along the east side of 7-11). **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before approval may be given. Appeal No. 3298 = PORT OF EGYPT/C & L RE~LTY~ Variance to construct fortyrunit motel on insufficient buildable upland of 4.83 acres and having insufficient sideyards~ S/s Main Road (prev. Southold Fishing Station/Morris), Southold. ~*Await corrected site plans, topographical survey~ including lowest floor elevations above mea sea level, Suffolk County Health Department approval, N.Y.S~ Department of Environmental Conservation approval, comments or input after review of the site plan by the Planning Board, 10~9~8~.~ Appeal No. 2929 -'SAL CAIOLA~ Project proposed is ques.- tionable as to representation... Status/clarification awaited. N'/s C.R'~ 48, Southold~ Appeal No. 3183 - MARY N.' CODE. Smith Drive, North, Southold. ~ropo~ed reseparation of l~tSo Await DEC and Planning Boa~'d applications to be comple.%ed and filed f~r input. Appeal No, 32~4 - BEST,"SCHMITT~ 'SYVERSON. ROW off E/s Camp Mineola Road alo_n~ Great~Peconic B~y~ Mattituck. *~Await cO'. Health, DEC and Planning Board~before public hearing. BED AND BREAKFAST PROPOSAL In reviewing a copy of the draft Local Law pertaining, to-~6--B-~-d--and Breakfast(tourist homes) in the ~'IA" Residential and A.gricultural ZOnes, etc. today, the board member~ i~d~cated that they would li~ke a period of time to review and consider additional conditions and safeguards, which should be incorporated into the Local Law and legislatively adopted, particularly for those in the "A" Zones. The Secretary was directed to send a memorandum L~-the Chairman of the Code Committee asking that the public hearing not be held until the Code Committee has considered an addendum to this local law~ The board agreed to prepare its suggestions at our next meeting. Southold Town Board of Appeals -40- May 28, 1986 Special Meeting There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:00 o'clock p.m. Respectfully submitted, 'l ~ B.^~__ Clerk ×/A~p p r-o v e d-- 6~/r9/~/ ~ RECEIVED AN D FILED BY THEc.$OUTHOLD TOWN C~ DATE &/~/~ HOUB /~ :~,~,~ Town..C3_e~k, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI MAIN ROAD-STATE ROAD WAIVER OF NOTICE OF SPECIAL MEETING SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 WE, the ~dersigned, being Members of the Zoning Board of ~peals of the Town of Southold, Suffolk Count, New York, do hereby severally waive notice of the time, place and purpose of the M~eting of the Board of ~peals to be held at the Southold Town Hall, Main Road, Southold, New York, on Wednesday, May 28, 1986 at 7:00 o'clock p.m. , and do hereby consent that the s~e be held on said date ~or the transaction of any business which may properly come before said meeting. DATED: May 28, 1986. Southold, New Yo rk. //~era~d P. Goehri~er, C~i / ~ ........... ' . C~arles Grig9_~i~, Jr.,~ber /Serge_~.~O~ ,,~/~Member yos t/~4~H, ga~ki, Member