HomeMy WebLinkAboutZBA-06/28/1984-SPEC Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS~ JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
MINUTES
SPECIAL MEETING
THURSDAY, JUNE 28, 1984
A Special Meeting of the Southold Town Board of Appeals was
held on ~hursday, June 28, 1984 at 7:30 o'clock p.m. at the
Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also
present was Victor Lessard, Administrator (Building Department).
Absent was: Serge Doyen (of Fishers Island).
The Chairman called the meeting to order at 7:30 p.m.
RESERVED DECISION: Appeal No. 3244.
Application for JOHN DENNY, 333 Warwick Avenue, Tea Neck, NJ 07666,
for a Variance to the Zoning Ordinance, Article III, Section 100-32, for
permission to construct accessory garage building in the frontyard area
at premises, 1255 Private Road #1 (Goose Creek Lane), Southold, NY;
County Tax Map Parcel No. 1000-078-08-009.
The public hearing on this matter was held on June 21, 1984, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks permission to construct a 24' by
24' accessory building for garage and storage purposes approximately
110 feet from the front (road) property line along the driveway area.
The premises in question contains an area of approximately 19,500
sq. ft. with approximately 75' frontage along Goose Creek Lane (a
private street), and is improved with a one-family one-story dwelling
set back approximately 135 from the front property line. The
dwelling is set back substantially more than that required by the
Southold Town Board or'Appeals -2- June 28~.-i984 Special Meeting
(Appeal No. 3244 - JOHN DENNY, continued:)
zoning code and the area requested for the garage appears to be
the most feasible under the circumstances, although it is technically
considered frontyard as defined by Article !, Section 100-13 of the
code. The board agrees with the reasoning of the applicant.
In considering this appeal, the board also determines: (a)
that the relief requested is not substantial under the circumstances
of this appeal; (b) that by granting the relief requested, the
character of the neighborhood will not be adversely affected or
changed; (c) that by allowing the variance, no substantial detri-
ment to adjoining properties would be created; (d) no adverse
effects will be produced on available governmental facilities of
any increased population if the variance is allowed; (e) that the
interests of justice will be served by allowing the variance as
indicated below.
Accordingly, on motion by Mr. Grigonis, seconded by Mr.
Goehringer, it was
RESOLVED, that Appeal No. 3244, application for FATHER JOHN
DENNY for permission to construct 24' by 24' accessory garage-
storage building in the frontyard area, BE'AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. No closer than five feet (5') to the west side property line;
2. No c'ioser than 100 feet to the front (rOad) property line;
3. Not to be used for habitable or sleeping quarters (for
storage and garage purposes only).
Location of Property: 1255 Private Road No. 1 (Goose Creek Lane),
Southold, NY; C.oun'ty Tax Map Parcel No. 1000-078-08-009~
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. Member Doyen of Fishers Island was absent. This resolu-
tion was adopted by unanimous vote of all the members present.
PENDING DELIBERATIONS AND DECISION: Appeal No. 3227 -
EUSTAC~ A pub~ring was held on June 21, 1984,
concernl~ng this matter, at which time the hearing was declared
closed pending deliberations, and receipt of additional information
supporting appellant"s claim in this matter, such as, .photographs,
survey or ori.ginal garage prior to conversion to sleeping quarters,
copy of building permit approving the conversion to sleeping,quarters,
if any., or other town recQrd~(except Certificate of Occupancy Z6726
of October 3, 1975:which is part of the record). The secretary was
instructed to send a request for this documentation to Mr. Bruer.
Southold Town Board of Appeals -3- June 28, ~F984 Special Meeting
RESERVED DECISION: Appeal No. 3248.
Upon application of JOHN GRIGONIS, 950 Bayview Road, Southold, NY
for a Variance to the Zoning~inance, ~rticle III, Section 100-31, for
approval of the construction of a new dwelling with reduction of sideyard
setback at premises located at 860 Main Bayview Road, Southold; County
Tax Map Parcel No. 1000-070-07-016.2.
The public hearing on this matter was held on June 21, 1984, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks approval of the 9~3'' northerly
sideyard setback of a one-family dwelling structure which is being
constructed pursuant to Building Permit #12865Z issued February 9, 1984,
except that the original building permit authorized a minimum northerly
sideyard at not less than 10 feet under Article III, Section 100-31 of
the Zoning Code for "residential" use structures. On March 27, 1984
and April 12, 1984, foundation inspections were approved, and on
April 23, 1984, a survey was amended to include certification of the
new dwelling and its location. The northeast corner of the dwelling
is shown to be set back ll'l" from the northerly side line. The
building is set back 45 feet from the front property line.
Testimony was received at the public hearing held June 21,
1984, both in opposition and in favor of this application. Deed at
Liber 6019, page 87, dated December 17, 1965, which conveyed the
premises to the north of this parcel from Benedict A. and Mary J.
Manasek to Florian and Zofia Furmankiewicz was submitted for the
record for consideration. In reviewing the deed, it was indicated
that a right-of=way was reserved for the Manasek's use fo~ a
five-year period commencing from the date of conveyance. No
other documentation was submitted which would indicate a right-
of-way over the property in question of the applicant.
The members of this board are familiar with the property
in question as well as the surrounding neighborhood. The premises is
located in the B-Light Business District and a use variance was condi-
tionally approved under Appeal No. 3116 on June 14, 1983, with three
conditions: (l) All fuel tanks on the premises shall be de-commissioned
by either removing entirely from the premises or filling, (2) No
business use is to be permitted on the subject premises, (3) All
construction proposed shall be tn compliance with all other zoning
requirements (i.e., setbacks, lot coverage, et cetera).
Considering the circumstances of this matter, the board
determines: (a) that the relief requested is less than 10% of the
requirements, (b) that the difficulty cannot be obviated by some
method feasible for the applicant to pursue other than a variance,
(c) that no adverse effects will be produced on available gGvern-
mental facilities of any increased population if the variance is
Southold Town Board of Appeals -4- June 28, T~84 Special Meeting
(Appeal No. 3248 John Gr'igonis, continued:)
allowed, (d) that no substantial change will be produced in the
character of the neighborhood or a substantial detriment to adjoin-
ing properties, (e) that the interests of ju.stice would be served
by allowing the variance, as indicated below.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Goehringer, it was
RESOLVED, that Appeal No. 3248, application of JOHN GRIGONIS
for approval of the reduction of the sideyard setback at 9"3~"' as
applied, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION:
That there be no further sideyard reductions on this
residentially-used property.
Location of Property: 860 Main Bayview Road, Southold, NY;
County Tax Map Parcel No. 1000-070-07-0016.2.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. Member Grigonis abstained. Member Doyen of Fishers Island
was absent. This resolution was adopted by majority vo~e.
RESERVED DECISION: Appeal No. 3222.
Upon application for JOHN WICKHAM, by Wickham, Wickham and Bress-
ler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning
Ordinance, Article VI, Section 100-60 for permission to use premises
as a business office for marine contracting, with accessory use for
storage and repair of contractor's own vehicles and equipment, at
67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000~052-05-58.
The public hearing on this matter was held on May 17, 1984
at which time the hearing was declared closed pending deliberations.
By this appeal, appellants seek a variance from Article VI,
Section 100-60 for permission to use this premises as a business office
for a marine contractor, with accessory use for storage and repair of
that contractor's own vehicles and own equipment.
The premises in question is identified on the Suffolk County
Tax Map as Distr~ict 1000, Section 52, Block 5, Lot 58, and contains
an acreage of 3.5472, with frontage along the Main State Road of
584.37 feet and along Albertson's Lane of 596.81 feet. This premises
is located in the 'dB=Light" Business District and is vacant.
By this application, the following improvements are proposed:
(a) two 30' by 60' buildings (b) fencing around the perimeter of
the area of the requested use, all of which are indicated on the survey
amended February 22, 1984 with pencil sketch.
All of the members of this board are familiar with the property
in question as well as the surrounding neighborhood. Premises to the
west, the east and the south (across the Main Road) are also zoned
~Southold Town Board~d'f Appeals -5- June 28, ~_.~4 Special Meeting
(Appeal No. 3222 - JOHN WICKHAM AND OTHERS, continued:)
"B-hight" Business. Premises across the Main Road to the southwest
are zoned "C-Light" Industrial and are used.for building materials
sales and storage.
For the record, it is noted that some of the uses permitted
in this zoning district are: (a) business, professional, govern-
mental offices, (b) banks, (c) financial institutions, (d) retail
stores, (e) restaurants, (f) retail bakeshops, (g) laundromats
and similar establishments, (h) personal service stores/shops, (i)
marinas for noncommercial boats, including sale of fuel and oil for
those boats accommodated at same.
It is the opinion of the board that the use requested for a
marine contractor business office, with accessory storage and repair of
that contractor's own vehicles and own equipment, would be compatible
with the surrounding commercial zoning districts, and that the granting
of this variance wout.d not alter the essential character of the locality.
Also, the board determines: (1) that the use under this decision
would not prevent the orderly and reasonable use of adjacent proper-
ties or property in adjacent use district; (2) that the safety,
health, welfare, comfort, convenience and order of the town will
not be adversely affected by the proposed use and its location;
(3) that the interests of justice would be served by allowing
the v.ariance, as further indicated below.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Grigonis, it was
RESOLVED, that Appeal No. 3222, application for JOHN'WICKHAM
for permission to establish a marine contractor business off~ce,'
with accessory storage and repair of that contractor's own vehicles
and equipment~ BE AND HEREBY IS APPROVED SUBJECT'TO~THE FOLLOWING
CONDITIONS: ' ~
t. That the use permitted by this application shall not
exceed the 65,000 sq. ft. of area as proposed and submitted on the
sketch plan;
2. Fencing as proposed shall not exceed 6'6" in height in
all areas;
3. Said fencing shall be of a type that will not allow
visibility from the streets and other areas outside of the fenced
area;
4. Any storage of flammable materials shall be for applicant/
contractor's sole use;
5. No retail sales of flammable materials is permitted;
6. Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet and not more than 30 feet, and shall
be located not less than 10 feet from any property line, and shall
be laid out as to avoid the necessity of any vehicle backing out
across any public right-of-way;
Southold Town Board of Appeals -6- June 28~'~1984 Special Meeting
(Appeal No. 3222 - JOHN WICKHAM AND OTHERS, continued:)
7. Vehicle lifts or pits, vehicles, dismantled or otherwise,
and all parts or supplies, shall be located within a building;
8. All service or repair of vehicles/equipment of the
contractor shall be conducted in a building;
9. The storage of gasoline or flammable oils in bulk for
contractor's own use shall be located fully underground and not less
than 35 feet from any property line other than a street line;
10. No gasOline or fuel pumps for contractor's use shall be
located less than t5 feet from any street or property line;
ll. Additional or other construction require~<'- an applica-
tion for consideration to both the Zoning Board of Appeals and the
Planning Board, for site and parking approvals.
12. Approval of the site and parking plans by the Southold
Town Planning Board in accordance with Article VI, Section 100-60,
and Article XIII for this proposal;
13. Referral of this action to the Suffolk County Planning
Commission in accordance with Sections 1323, et seq. of the Suffolk
County Charter.
Location of Property: North Side of Main Road, and West Side
of Albertson's Lane, Greenport, NY; County Tax Map Parcel No. 1000-
52-5-58.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by unanimous vote of the members present.
RESERVED DECISION: Appeal No. 3118.
Upon application for KATHRINE FARR by S.S. Corwin, Esq., First
Street, Greenport, NY for a Variance to the Zoning Ordinance, Article
VIII, Sections lO0-80(B) and 100-81, for permission to construct build-
ing for marina office in this "C-Light Industrial" District, at 1100
Manhanset Avenue, Greenport, NY~ County Tax Map Parcel No. 1000-034-
05-021.
The public hearing on this matter was held on May 17, 1984, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks variances to the provisions of
Southold Town Board of Appeals -7- June 28, i9~4 Special Meeting
(Appeal No. 3118 - KATHRINE FARR, Variance, continued:)
Article VIII, Sections 100-80(B)[9](14) and 100-81, of the Zoning
Code, for approval of the proposed insufficient front and rear yard
setbacks required in a "C-Light" Industrial Zoning District, for a
principal building. These provisions require a minimum 50' front-
yard setback and a minimum 50' rearyard setback~ Applicant proposes
a two-story building for a marina office with accessory storage of
16' by 20' and a three-foot covered walk-up on the north side, and
an upper deck of a size 4'6" at its narrowest width and 10' at its
wider edge, with little or no setback distance from the bulkhead
along the rear line. Eliminating this deck area, it appears the
building will be setback 4'6" at its northwest end and 10' at its
southwest end. From the front property line, the building appears
to be set back not less than 12 feet at its nearest point.
The parcel in question is located in the "C-Light" Industrial
Zoning District and contains an area of approximately 3,780 sq. ft.
with 132.76 frontage along Manhanset Avenue as shown by survey
prepared by Young & Young, revised May 23, 1983. This parcel is
identified on the Suffolk County Tax Map as District 1000, Section
034, Block 05, Lot 021, and was conveyed to the applicant on
December 11, 1981 at Liber 9152 page 392. The premises is vacant
land.
It is noted for the record that on March 30, 1984, action
was taken with conditions by the Southold Town Planning Board con-
cerning this property and subject to receiving a site plan in
final form, showing:
(a) The location and size of the proposed office building
approved by the Zoning Board of Appeals;
(b) Suitable parking for five cars with minimum length and
width requirements as required by the Southold Town Zoning Code
in the area as may be approved by the Southold Town Zoning Board
of Appeals;
(c) Proposed fencing along Manhan~et Avenue and the adjoining
property to the south;
(d) Proposed ingress and egress to the property from Manhanset
Avenue within 40 feet of the southeast corner of the premises°
The Planning Board has also required that Covenants and Restrictions
be prepared in recordable form prior to their granting of the final
site plan which would include Items (a) through (k) of that board's
March 30, 1984 action.
It is noted, however, that this board in making this decision
may impose conditions more stringent than that of the Planning Board,
particularly Items 4(c), (d), (e), (f), for purposes of better
traffic visibility, boat accessibility, safe and proper manuever-
ability, convenience, parking, et cetera.
The members of this board are familiar with the property in
question as well as the surrounding properties. All testimony
received at the public hearing held May 17, 1984 b~ this board
has been taken into consideration. Opposition concerning this
application has not been submitted for the record since the filing
of this application.
Southold Town Board of Appeals -8- June 28, ~84 Special Meeting
(Appeal No. 3118 KATHRINE FARR, Variance, continued:)
It is also noted for the record that a Special Exception appli-
cation under Appeal No. 3117 has been simultaneously filed with
the subject application, and for which deliberations are pending
with this board as of this date.
In considering this appeal, the board determines: (a) that
the relief requested is substantial in relation to the requirements
of the Zoning Code, Bulk Schedule; however, the difficulty cannot
be obviated by some method feasible for the applicant to pursue
other than a variance; (b) that by the granting of the relief
requested, no substantial change will be produced in the character
of the neighborhood or a substantial detriment to adjoining
properties since premises on the south has similar circumstances;
(c) that no adverse effects will be produced on available govern-
mental facilities of any increased population if the variance is
allowed; (d) that the interests of justice will be served by
allowing the variance; and (e) that the variance as granted will
be in harmony with the general purposes of z6ning.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Sawicki, it was
RESOLVED, that the application for KATHRINE FARR in Appeal
No. 3117, for permission to construct 16' by 20' principal build-
ing with a 3' covered walk-up at the northerly side to the second
floor, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. No lighting that will be adverse to neighboring uses;
2. A railing or barrier (guide rail) shall be constructed,
not to exceed 30" above ground level, along the front property line
to prevent unsafe exiting onto street, [except that the area for
egress and ingress within the "curb cut" remain open];
3. No fencing along the front property line, except chainlink
for proper visibility .(or otherwise noted in these conditions);
4. No fencing .along the north side property line less than (or
within) six inches of front property line [except chainlink or
guide rail for proper visibility if screening is desired];
5. No boats to be moored parallel to existing moored boats
(no stacking);
6. Additional docking and mooring facilities will require an
application to the ZBA and consideration therefore;
7. Proposed future construction or changes requires approval
by the ZBA before a building permit is to be issued;
__ 8. Proposed second-story deck at west end of building shall
be reduced (from 4'6" and 10') to 2'6" at the northwest 'corner and
5' at the southwest corner, respectively;
'Southold Town Board'~f Appeals -9- June 2'~.~ 1984 Special Meeting
(Appeal No. 3118 - KATHRINE FARR, Variance, continued:)
9. ExiSting stockade fencing along south line shall be con-
tinuously maintained;
10. No launching ramp shall be built or permitted;
11. Building approved herein shall conform to all setbacks in
letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.;
12. No storage of boats other than inside building or moored in
water.
Location of Property: West Side of Manhanset Avenue, Greenport,
~; County Tax Map Parcel No. 1000-34-5-21.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by a unanimous vote of all the members
present.
Th~'secretary was then instructed to attach a copy of
the June 18, 1984 letter/memorandum from Stanley S. Corwin, P.C.
with enclosure to the back of the board's decision.
RESERVED DECISION: Appeal No. 3231.
Upon application for DOUGLAS MILLER, Montauk Highway, Quogue, NY for
a Variance for approvals of accesses, New York Town Law, Section 280-A,
over two private rights-of-way, one known as "Kirkup Lane" and the other
as "Laurel Way" located at the South Side of Sound Avenue, Mattituck,
(near Laurel), to premises identified as County Tax Map Parcel No.
1000-121-4-10 containing approximately 7.2 acres.
The public hea~ing on this matter was held on June 21, 1984,
at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this application, applicant seeks: (a) approval of access over
a 20-25 foot right-of-way having traveled widths of approximately:
[1] nine feet within a length of approximately 2,018 feet and
[2] eight to 10 feet narrowing in places to seven feet for a
length of approximately 1,608.59 feet, known and referred to as
"Laurel Way Right-of-Way"; and (b) approval of access over a
16-foot right-of-way along the easterly side of a 47.136-acre
parcel presently owned by Peconic Homes Corp. having a traveled
width of approximately 10 feet for a length of approximately
1,665.18 feet, known and referred to as "Kirkup Lane" to the
7.2-acre parcel in question (now or formerly of Mulvihill)
~outhold Town Board o~ Appeals -10- June 28, ~-~84 Special Meeting
(Appeal No. 3231 DOUGLAS MILLER, continued:)
identified as Cou'nty Tax Map 'District 1000, Section 121, Block 04,
Lot 10. Both riqhts-of-way are more.p~rticularlv shown on the
map prepared 'by ¥Oun'g '& ¥ou'ng revisea April 10, 1984, Survey File
No. 84-146. - -~
Concerning "Laurel Way Right-of-Way," the first 250 feet, plus
or minus, meanders in and out of treed areas and it is questionable
as to whether the traveled right=of-way is within its legal perimeter.
The road material consists of stabilized sand and medium size gravel
on hard-packed san'dy loam, and the .surface has numerous potholes and
depressions to two to four inches, along the 2,018-foot length. In
continuing down this right=of-way, the board also found many sections
12'~ or more below the existing abutting grade levels. This southerly
portion of "Laurel Way" has a base consisting of v.arying mixtures of
sand, loam and gravel;"and the surface has a few small washouts and
depressions. Within the last 250 feet, more or less, there are steep
descending grades to the end of the road. At the times of inspections,
there was water from the Lake standing in the latter 75-foot length
area, and the water level was about five feet below the end of the
road. It is the recommendation of our town road inspector that the
"Laurel Way" right-of-way should not be considered for access because
of poor alignment and tight turns, narrow road width and necessity of
tree rem~va.t, poor sight on turns, necessity of filling of wetlands
in the last 75' area unless an alternative route is made. This board
recommends an alternative route extending northerly rather than this
75' westerly to avoid f-illing or changes to the Lake area, as well as
the extens_i_¥e i~mprovemen~ (as stipulated below)~.~"
Concer.ning "Kirkup Lane" rightz'~f-way, it is the opinion of
the board that s~me would ben'the betty? ~hoice since the surface
consists of compacted gravel wi~5 depths of 3" on a hard-packed base
of sand and loam. The tra~.eled road appears ~o be within the 16~
width sho~n on the Young & ~oung map, ~_~ stable and in good condition,
and has an even profi, le. If subdivisions ar~._.proposed or pending
concerning prop~r't~ having~ccess within this right~of-way, an updated
review and additional widening must be considere.d to a m~n~mum of 16
feet wi. de~' and po~i].~'ly g~e.ater depending upon ~e-~i-~cum'$~ances.
The applicants ~. aware that they may or may not have a legal
right-to u~_the presently traveled "K~?k~p Lane"_right-of.-way~due to
the terminology in the deed to James~V. Mulvihill at Liber 51~9,
cp 35, recorded ~nuary io~ 1962; therefore, the decision made under
this .application~_is s~bject to a legal ..right to use either of the
subjec_~ .rights-of-way'in behalf ~.~he ap~piicant'(s). In the event
it is foun]~ that.._apRlicant(s) or subseq~.~nt owners will not have a
legal right to use this "Kirkup Lane" right-of-way, and also that
no ~prQ~emen~s are made--to the "Laurel Way.!' ~_~gh~-of-~ay~ as
stipulated in this decision, then the .~ppl]~ant.~s)_.o.~..su.~sequent
owners to this property will be required to return to this ~oard due
to~' l~ck of ap~o~.~d acces_~ pursuant to New York Town Law, Sec~ 28D-A.
In considering this appeal, the board also determine's: (a) that
-the relief requested is not substantial; (b) that by granting the
relief requested, the character of the neighborhood would not be
ad~er$'~l~affected;' (c) that 'by allowing the varian~e'~ 'no substan-
tial detrimen~ to adjoining prRperties would be create¢; (d) that
Southold Town Board of Appeals -ll- June 28, 1984 Special Meeting
(Appeal No. 3231 DO~GL~'S~ ~ILLER, continued:) .....
no adverse effects will be produced on available governmental
facilities of any increased population; (e) that the relief requested
will be in harmony with and promote the general purposes of zoning;
(f) that the plight of the owner is due to unique circumstances;
(g) that in view of the manner in which the difficulty arose, the
relief requested cannot be obviated by some method feasible to
appellant other than a variance, and (h) that the interests of
justice will be served by allowing the variance, as indicated below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Sawicki, it was
RESOLVED, that Appeal No. 3231, application made for DOUGLAS
MILLER, for approvals of accesses over two rights-of-way as
'indicated in this board's findings~ BE AND HEREBY IS APPROVED,
SUBJE£T TO THE FOLLOWING:
1. Either or both rights-of-way (Laurel Way or Kirkup Lane)
shall be improved a minimum width of fifteen [15] feet and as
noted below:
(a) KIRKUP LANE RIGHT-OF-WAY:
[1] All new cuts be surfaced with similar materials
as exist in present traveled roadway, with a
minimum 20% gravel content;
[2] Brush shall always be cut back to allow for
suitable unobstructed access.
(b) LAUREL WAY RIGHT-OF-WAY AND EXTENSION:
[1] Trees must be removed and right-of-way regraded
within 15-foot width;
[2] That the right-of-way starting at the 16'-width
mark (at a point approximately 1,750 feet from
Sound Avenue) shall have an unobstructed width
to 16 feet, and re§raded the full 15-feet in width;
[3] Access route shall be within the legal perimeter
of this right-of-way;
[4] Entire right-of-way must be regraded to level of
existing abutting properties along this right-of-way
and improved with 20% of grave] or stone blend
content and 80% bankrun (to a minimum depth of
four inches in all areas);
[5] No construction Of a bridge, or modification or
changes to existing lake area withou~ approval of
So~thold Town Board of~Appeals -12- June 28, l~ Special Meeting
(Appeal No. 3231 DOUGLAS MILLER, continued:)
l(b)[5] cont'd: the N.Y.So Department of Environmental Conserva-
tion, this board, and any and all other necessary
approvals;
[6] If an alternative route is agreed for the last
250 feet of this right-of-way over property
presently of Macari, said alternative is subject
to this board's inspection and satisfactory
acceptance for access by emergency vehicles, as
well as the applicant obtaining a legal right
over same;
[7] Redesigning of this right-of-way to prevent water
runoff into wetland and/or lake areas.
2. All subdivisions, pending or proposed, having a legal right
over either or both rights-of-way in question, will be required to
reapply to this board for an updated consideration for additional
improvements as may be necessary for emer§ency vehicles;
3. Either or both rights-of-way which will be traversed by
the applicants must be continuously maintained in good and satisfactory
condition for access by emergency vehicles;
4. All brush and other obstructions must be cleared to allow
for proper, unobstructed access;
5. Upon written notice to the Board of Appeals, an on-site
inspection as authorized by the Board of Appeals must be made of the
improvements and must be accepted by this board as satisfactory prior
to the issuance of a Certificate of Occupancy~
Location of Property in Question: South Side of Sound Avenue,
Mattituck, near Laurel, New York; more particularly identified as
County Tax Map District 1000, Section 121, Block 04, Lot 10, con-
tanning 7.2 acres.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolutiom was adopted by unanimous vote of the members present~
~Southold Town Board'~f Appeals -13- June 28, l~J~ Special Meeting
RESERVED DECISION: Appeal No. 3245.
Application for DAVID AND JEANNE BRAWNER, Main Road, Orient, NY for
a Variance to the Zoning Ordinance, Article III, Section lO0-31 for
approval of insufficient area of parcel to be set-off from an 4.066
acre parcel at the South Side of Main Road, Orient; County Tax Map
Parcel No. 1000-20-3-28 and part of 11.2.
The public hearing on this matter was held on June 21, 1984, at
which time the hearing was declared closed pending deliberations.
By this appeal, appellants seek a variance to the provisions of
Article III, Secti.on 100-31, Bulk Schedule of the Zoning Code, for
approval of the insufficient aKea of a parcel of land of approximately
54,840 sq. ft. The remaining tract will contain an area of approxi-
mately 107,800 sq. ft. with 302.21 frontage along the Main Road and
147.48' frontage along a right-of-way at the easterly side of the
premises. The parcel to be set-off contains frontage along the Main
Road of 214J23 feet and along the easterly side (along a right-of-way)
of 282.52', and is improved with a one-family dwelling and accessory
storage barn building. It was mentioned for the record that the
southerly 148.48 feet was used for farm purposes.
The board members have visited the premises in question and are
familiar with the neighborhood. The board has found that a majority
of the parcels.in the vicinity of these premises are similar iQ size
proposed by this application. Also in considering this appeal, the
board determines: (a) that the relief requested is not substantial;
(b) that by the granting of the relief requested, no substantial
change will be produced in the character of the neighborhood or a
substantial detriment to adjoining properties; (c) that the diffi-
culty cannot be obviated by some method feasible for the appellant
to pursue other than a variance; (d) that no adverse effects will
be produced on available governmental facilities of any ihcreased
population if the variance is allowed; (e) that the interests of
justice will be served by allowi.ng the variance as applied.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3245, application made for DAVID AND
JEANNE BRAWNER for approval of insuffi, cient area of 54,840 sq. ft.
BE AND HEREBY~IS APPROVED, AS APPLIED, subject to referral to the
Suffolk County Planning Commiss.~on in accordance with Article 1323,
et seq. of the Suffolk County Charter, and subject to final action
of the Southold Town Planning Board in accordance with Chapter' Al06
of the Code of the Town of Southoldo
Location of Property: South Side of Main Road, Orient, NY;
County Tax Map Parcel No. 1000~20-3-28 and part of 11.2 (11.5).
Vote of the Board: Ayes: Messrs. Goehringer,~'G~rigon"~s,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by unanimou.s vote of the members present.
Southold Town Board of Appeals -14- June 28~1984 Special Meeting
PENDING APPEAL NO. 3247 - ERNEST AND JEAN STUMPF. This matter
was held for public hearing on June 21, 1984, at which time the
hearing was declared closed after receiving testimony pending
reinspectio~ and deliberations. The board will reinspect this
property and the adjacent property owners pro.perties about July 12th.
PENDING APPEAL NO. 3117 KATHRINE FARR~ Special Exception.
The public hearing on this matter was held on May 17, 1984, at
which time the hearing was declared Closed pending deliberations.
The board, members agreed to consult with the Town Attorney con-
cerning a "limited" brokerage use prior to making a determination
on this ma%ter~ The Chairman said a Special Meeting will be called
prior to July 16th.
'NEW'MATTERS FOR REVIEW, 'SEQRA AND SCHEDULING FOR HEARINGS:
The following matters were reviewed' and the following actions
were taken concerning same.
On motion by Mr. Griggnis, seconded by Mr. Douglass, it was
RESOLVED, that the following matters 'be and hereby are scheduled
for Public Hearings to b~..held at our Regular Meeting in August,
1984, tentatively Set.~forlT~r~d~y,'-~ug~st 23, 1'984 commencing at
7:30 p.m~, and~that .~h~ se'cr~~6~ ~--~-~-~ °-~Tz'~d and directed
to advertise same in the local ~nd official newspapers of the
town pursuant to law:
Appeal No. 3262 J.P. HUBERMAN ~R. HOBSON, OWner) Request for
varian_c~.~.~om requirement of'30% Qf.first floor area
for home occupation [physician's] office.
Appeal No. 3263 - ROGER L. MUNZ ~J.' MOISA,' Owher). Request
for relief of ~6n~o~ ~o~~-~i~ actions of
_~BA in Appeals No. 3100 and 3101 of May 27, 1983.
Prior to voting on'thi-s resolution, the b~ard members requested
that_a copy of the building/floor plan of this dwelling showing the
actual Percentage of use f~r.~he h~me occupation b~ p~ovided for
the record as soon as possible,
Vote of the Board: ~ye~: Messrs. Goehringer, Dou§~,ass,
Grigonis and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by unani~ou~s vote of all the members
present.
Southold Town Board of Appeals -15- June 28,_j984 Special Meeting
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Grigonis, seconded by Mr.
Do-- ass, TT was
RESOLVED, to declare the following .N.egati~e Environmental' D~clara-
tions as noted below, pursuant to the N.Y.S, Envlronment~ew
Act:
NEGATIS~E ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3262
PROJECT N~WLE: J.'P. HUBERMAN (OWner R.' H0bs0n)
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-
can~ adverse effect on the environment for the~-~asons 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 for permission to exceed 30%
of the first floor area for home occupation use (physician) in this
A-Residential District.
LOCATION OF PROJECt: Town of Southold, Count~ of Suffolk~ more
particularly kno~ as: North Side of C..R. 48, S0uth0ld, NY; County
Tax Map Parcel No. ]000-59-3-23 containing approximately one acre in area.
REASON[S) SUPPORTING 'THIS DETERMINATION: -'
(i) 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 premfsse is not located within 300 feet of tidal wet]ands
or other critical environmental area.
Southold Town Board of Ap.peals -16- June 28, 1984 Special Meeting
(Environmental Declarations, continued:) ~
NEGATIVE ENVIRON~IENTAL DECLARATION
Notice of Determination of Non-Significance
APPF2kL NO.: 3263
PROJECT Ni~V~E: ROGER L. MUNZ (Owner: J. Moisa)
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%~n of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the-reascns indicated~
below.
Please take further notice that this declarauion should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or simit~r
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted ~ ]
DESCRIPTION OF ACTION: Relief. of Condition No. 7 of prior
decisions rendered May 27, ]983 in Appeal Nos. 3]00 and 3]01.
LOCATION OF PROJECT: Town of Southold, Coqnt~ of Suffolk, more
particularly known as: N/S Main Road, Mattituck, NY;
County Tax Map Parcel No. ]000-]40-03-038.
REASON(S) SUPPORTING THIS DETEP~INATiON:
(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 premises in question is not located near tidal wet]ands
or other critical envir0nmenta] area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. Member Doyen of Fishers Island was absent. This
resolution was adopted by unanimous vote of all the members present.
Southold Town Board of Appeals -17- June 28, 1984 Special Meeting
PENDING DELIBERATIONS: Appeal No. 3246 - PATRICK CARRIG and ano.
The public hearing on this matter was held on June 21, 1984, at wh"~ch
time the hearing was declared closed pending deliberations. In dis-
cussing the improvements contemplated within this right-of-way, the
board members agreed to reinspect s6me perhaps after a heavy rain
and to find out where the cross drain pipes are and their sizes.
The board postponed deliberations and a determination until the next
meeting.
PENDING SEQRA AND ON,SITE INSPECTION: Appeal No. 3252.
Matter of JOHN CHARLES AND M~RYANN SLEDJESKI Variance to
obtain person to set-off~a parcel of land containing insufficient
buildable "upland" area of a proposed 80,000 sq. ft. and a
135,622 sq'. ft. parcel, located at the South Side of Main Road,
Orient, ~¥; County Tax Map Parcel No. 1000~19-1-2.
The applicants have submitted a Notice dated April 24, 1984 from
the N~Y.S. Department of Environmental Conservation in~dicating that
the subject ~remises is greater than 300' from inventoried tidal
wetlands and therefore no permit is required ~eom their agency at
this time. The Planning Board at its April 2, 1984 meeting
denied the applicants' proposal for two lots due to insufficient
"buildable" area.
This matter was scheduled for public hearing for July 26, 1984;
however it is the unanimous opinion of the board that this matter
be taken off that agenda for the purposes of an on-site inspection
and processing of the N.Y.S. Environmental Quality Review Act
regulat~onso The boabd..has~also requested receipt of written
approval from the Suffolk County Department of Health Services
prior to scheduli'Dg this matter for public hea~ng.. The follow-
lng action was taken:
On motion by Mr. Goehringer, seconded by Mr. Dou.glass, it was
RESOLVED, ~hat this board's resolution of June 2~, 1984 be
and hereby is rescinded, and that this matter accordingly is
determined "incomplete" for the following reasons:
(a) Lack of written approval from the Department of Health
Services of Suffolk County for the water and/or septic ~ys~ems;
(b) An on-site inspection of the premises~
Vote of the Board: Ayes: Messrs. Goehringer, G~i§onis,
Dou§l. ass and Sawicki. Member Doyen of Fishers Island was absent.
- This resolution was adopted by unanimous vote of all the members
present.
South~l,d Town Board of Appeals -18- June 28~1984 Special Meeting
Being there was no other business properly coming before the
board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at approximately 9:48 p.m.
Respectfully submitted,
Linda F. K~walski, Secretary
Southold Town Board of Appeals
July 26, 1984
I ECEIVF.,D AND FILED BY
THE SOUTHOLD TOWN CLEBK
Town Clerk, Tow~ of Soutl~old